Terms and conditions of use

This page states the terms and conditions under which you may use this website. Please read this entire page carefully. If you do not accept all of the terms and conditions of use stated on this page, you are not authorized to use this website.

By using this website, you accept the Terms and Conditions of Use and agree to be bound by them. Heart Patterns, Inc., a California corporation, owner and operator of this website may revise these Terms and Conditions of Use at any time by updating this page, and your use is subject to the revised terms of use after revision. Heart Patterns, Inc. reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of a user’s information from the website and immediate termination of a user's registration and ability to access the website upon breach of any of these terms of use or upon Heart Patterns, Inc.’s inability to verify any information submitted to the website.

Indemnity

By using this website, you agree to defend, indemnify, and hold harmless Heart Patterns, Inc. and its officers, directors, employees, and agents, from and against any and all claims, actions, demands, or causes of action, including without limitation reasonable legal and accounting fees, relating to or resulting from your use of the website or from your violation of these terms of use.

Eligibility

The Services and the information on Heart Patterns, Inc.'s websites are intended for use by healthy adults (not for minors, pregnant women, or individuals with any type of medical condition). Heart Patterns, Inc. is not a medical organization and none of the content or the Services are meant to be medical advice or diagnosis. We urge you to consult your physician before signing up to use our Services.

You must be 18 years of age or over to register as a member of any of our websites or use this website. Membership in our services is void where prohibited. By registering as a member, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of Use of this Agreement. Access to or use of this website or its contents by any person under the age of 18 is strictly prohibited. By using this site or becoming a member, you represent and warrant that you are at least 18 years old (or older if the lawful age in your state, nation, or locality, is higher than 18).

Authorized use

If you are eligible and agree to these terms and conditions, Heart Patterns, Inc. authorizes you to review and use the material on this website solely for your own use. The contents of this website are protected under United States and foreign copyright, trademark, and other laws. Unauthorized use of any material is prohibited. You may post information only if specifically allowed to do so by separate agreement with Heart Patterns, Inc. To do so, please contact support@find3d.com as provided elsewhere on this website.

Unauthorized use

You may not use this web site to do any of the following:

• Transmit, store, or destroy any material in violation of law or regulation, in a manner that will infringe upon the patent, copyright, trademark, trade secret, or other intellectual property rights of others, in a manner that will violate the privacy, publicity, or other personal rights of others, or in a manner that is harmful, defamatory, vulgar, obscene, threatening, abusive, harassing, tortious, hateful, or otherwise objectionable.
• Impersonate any other person or entity or otherwise misrepresent your affiliation with any person or entity.
• Post or transmit any content that you do not have the right to reproduce or display.
• Print, copy, or use any personally identifiable information about any other person except as specifically allowed by such person.
• Send or place unsolicited e-mails, telephone calls, mailings, or other contacts to posting individuals or entities.
• Register an e-mail address that you do not own or for which you do not have the express permission of the owner.
• Violate or attempt to violate the security of the web site in any manner, including, without limitation, accessing data not intended for you.
• Log into a server or account that you are not authorized to access.
• Attempt to probe, scan, or test the vulnerability of a system without authorization.
• Attempt to interfere with service to any user, host, or network, including, without limitation, submitting a virus or other potentially damaging data to the web site, overloading the web site, spamming, flooding, mail bombing, crashing, sending junk mail, sending chain letters, sending any other unsolicited advertising promotional or solicitation material, or forging any TCP/IP information in any e-mail or posting.
• Post any material that contains viruses, corrupted data, worms, or other computer routines or engines that may cause damage to, interfere with, or intercept or expropriate any system, data, or information.
• Post or transmit material that is obscene, vulgar, defamatory, inaccurate, tasteless, profane, libelous, threatening, harassing, illegal, offensive, sexually oriented, abusive, hateful, or embarrassing to other Users or any other person or entity.
• Post or transmit material that expresses bigotry, racism, hatred, harassment, abuse, or threats of harm to any group or individual.
• Post any false or misleading information, graphics or photographs.
• "Stalk" other users of heartpatterns.com. We reserve the right to release information to the proper authorities in the event of a reported stalking or other serious or unlawful act if the information is subpoenaed or if we deem it necessary and/or appropriate.
• Post or transmit pornographic or sexually explicit material of any kind.
• Post or transmit advertisements or solicitations of any kind.
• Post or transmit or use computer programs in connection with your use of heartpatterns.com that contain destructive or investigative features, such as viruses, worms, Trojan Horses, etc. We also do not allow any bots or scripts on the server, whether they are benign or destructive in intent.
• Harvest or collect personal information about other Users or members whether or not for commercial purposes, without their express consent.
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the web site or its contents.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
• Use metatags or code or other devices containing any reference to heartpatterns.com or the Service or the web site in order to direct any person to any other web site for any purpose.
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the web site or any software used on or for the web site or cause others to do so.
• Use this web site for any purpose in violation of local, state, or national laws of any country.
• Post incomplete, false, or inaccurate information.
• Post any franchise, pyramid scheme, club membership, distributorship, or sales representative agency arrangement or other business opportunity.
• Delete or revise any material posted by any other person or entity.
• Use a password or disclose your password for any unauthorized purpose.
• Frame or link to any of the materials or information on this web site.
• Use any password protected area unless you are the registered user.
• Resell or assign your rights or obligations under these terms of use.
• Make any commercial use of the web site.
• Interfere or attempt to interfere with the proper working of this web site or any activity conducted on this website.

Violations of any of the above prohibitions, of any of the terms of use, or of system or network security may result in civil or criminal liability. Heart Patterns, Inc. will investigate occurrences that may involve such violations and will cooperate with law enforcement authorities relating to such violations.

User submissions

You are responsible for your own submissions and communications and for the consequences of their posting. Heart Patterns, Inc. does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by others. Heart Patterns, Inc. does not endorse any opinions expressed by others. You acknowledge that any reliance on material posted by others will be at your own risk.

By submitting content to any public or non-public area of the website, including message boards, forums, contests or chat rooms, you grant Heart Patterns, Inc. the royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in whole or in part worldwide. You also warrant that the holder of any such rights has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the right and license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.

Warning

WARNING - It is possible that other persons, including Members or users (including unauthorized users, or "hackers"), may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. If despite the efforts of Heart Patterns, Inc. others obtain personal information about you and use such information to harass or injure you, heart Patterns, Inc. is not responsible for such actions or for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.

Deactivation

You may elect to discontinue use of our website at any time. You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute arising from the use of the Services.

Monitoring of content

Heart Patterns, Inc. shall have the right, but not the obligation, to monitor the content, information posted, and communications on its websites, to determine compliance with any operating rules or policies established by Heart Patterns, Inc. and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Heart Patterns, Inc. shall have the right to remove any material that Heart Patterns, Inc. in its sole discretion, finds to be in violation of its policies, any law, or to be otherwise objectionable. You are responsible for the content or information you publish or display on our websites, or which you transmit to other members. Heart Patterns, Inc. is not responsible for the accuracy or reliability of any opinions, advice, or statements made on the website by any member. The statements, opinions, advice, offers, or other information made available by members on our websites are those of their respective authors, and not of Heart Patterns, Inc.

Termination of membership

Heart Patterns, Inc. reserves the right to terminate your membership, deny your access to our web site, and delete all relevant information and communications, at any time, without notice, for any reason. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) conduct that Heart Patterns, Inc. believes is harmful to other members, the business of Heart Patterns, Inc. or other parties, (d) discontinuance or material modification to the Services (or any part thereof), and (e) unexpected technical or security issues or problems. Further, you agree that all terminations shall be made in Heart Patterns, Inc.'s sole discretion and that Heart Patterns, Inc. shall not be liable to you or any third-party for any termination of your account or access to our websites.

Security

Heart Patterns, Inc. has security measures in place to protect the loss, misuse and alteration of the information under our control. We use our best efforts to store the information collected by us in a secure operating environment that is not available to the public, but we cannot guarantee complete security.

Links to other websites

The website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Heart Patterns, Inc. of the contents on such third-party websites. Heart Patterns, Inc. is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.

Disclaimers

Heart Patterns, Inc. makes no claim that the materials on this website may be lawfully viewed or downloaded outside of the United States. Access to the materials may not be legal by certain persons or in certain countries. If you access this website outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Links to other websites are provided solely as a convenience to the user, and are not considered to be an endorsement by Heart Patterns, Inc.

WARRANTY STATEMENT

HEART PATTERNS, INC. DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MECHANISMS OR MATERIALS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HEART PATTERNS, INC. IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. HEART PATTERNS, INC. TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HEART PATTERNS, INC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, USEFULNESS, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.

HEART PATTERNS, INC. DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY INFORMATION POSTED ON THIS WEBSITE BY OTHERS. IF YOU USE ANY INFORMATION ON THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHERS WITH WHOM YOU COME IN CONTACT THROUGH THIS WEBSITE.

IN THE EVENT THAT YOU BECOME INVOLVED IN A DISPUTE WITH ANY OTHER USER OF THIS WEBSITE OR WITH ANY PESON WHOSE INFORMATION IS POSTED ON THIS WEBSITE, YOU RELEASE HEART PATTERNS, INC. AND ITS AGENTS AND EMPLOYEES FROM ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS, AND CAUSES OF ACTION, WHETHER ACTUAL OR CONSEQUENTIAL, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

IF YOU ARE A CALIFORNIA RESIDENT, BY USING THIS WEBSITE, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

DISCLAIMER OF CONSEQUENTIAL DAMAGES

HEART PATTERNS, INC., ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL ON THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEART PATTERNS, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of liability

In no event will Heart Patterns, Inc. be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including, but not limited to, personal injury, pain and suffering, death, loss of work, damages for loss of data, loss of programs, or loss of profits arising from your use of any of Heart Patterns, Inc.'s websites or services, even if Heart Patterns, Inc. has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Heart Patterns, Inc's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Heart Patterns, Inc. for the use of its websites during the term of membership.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

In addition, Heart Patterns, Inc. disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or users (including unauthorized users, or "hackers") of any of its websites.

Member disputes

You are solely responsible for your interactions with other Members or Users of our websites. Heart Patterns, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members or Users.

User information

Heart Patterns, Inc. may use the information it obtains relating to you, including your IP address, email address and use of its websites, for its internal business purposes. See our Privacy Statement for more information.

Changes

Changes are periodically made to our websites and may be made at any time with or without notice, (including, but not limited to, eliminating or discontinuing any content on or feature of the Website). You agree that changes to the Terms and Conditions of Use and Privacy Statement are effective as to you when they are posted to the website.

HEART PATTERNS, INC.'S SERVICES ARE CURRENTLY PROVIDED TO USERS WHO AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. HEART PATTERNS, INC. RESERVES THE RIGHT TO CHANGE THE NATURE OF THIS RELATIONSHIP (INCLUDING, BUT NOT LIMITED TO, CHANGING ANY SERVICE FEES FOR USING OUR WEBSITES) AT ANY TIME.

General

Your agreement to comply with these Terms and Conditions of Use is entered into in San Jose, California where Heart Patterns, Inc. is based. Heart Patterns, Inc. makes no claims the materials are appropriate or may be accessed outside of the United States. You agree that any dispute must be venued in Santa Clara County, California. Access to the materials (including Software and Content) may not be legal by certain persons or in certain countries. If you access any of our websites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Unless otherwise explicitly stated, the Terms and Conditions will survive termination of your registration to the Service. These Terms and Conditions, together with the Privacy Statement constitute the entire Agreement between you and Heart Patterns, Inc. with respect to the use of this website. In the event of any conflict between the Privacy Statement and these Terms and Conditions, these Terms and Conditions shall control.

Upon our request, you agree to sign a non-electronic version of these Terms and Conditions.

THE MEMBER CERTIFIES THAT THE MEMBER IS AT LEAST 18 YEARS OLD, (OR OLDER IF THE LAWFUL AGE IN THE MEMBER'S STATE, NATION, OR LOCALITY, IS HIGHER THAN 18) AND HAS READ AND AGREES TO BE BOUND BY THESE HEART PATTERNS, INC.'S TERMS AND CONDITIONS.

Certain areas of this website may be subject to additional terms of use. By using such areas, or any part thereof, each user agrees to be bound by any additional terms of use applicable to such areas.