Last Revised: February 18, 2009
Heartbeat (the "Service") is a product/service of Enormego (the "Provider"). These terms are put in place to ensure that you, the "User", are able to acheive the most from the Provider's Service.
By utilizing Heartbeat or by accessing the Heartbeat website in any manner, the User agrees to abide by this terms of service (the "Terms") and understands that they are bound by these terms.
1. You must...
- be human. Heartbeat may not be automated in any way, shape or form. You cannot build scripts or applications designed to login to Heartbeat and perform activities. All actions performed with Heartbeat must be done through the approved API or by a human through a web browser.
- be 13 years or older to use this website or the Service.
- provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. All information provided MUST be accurate.
2. Exclusions and Limitations
The Service is provided on an "as is" basis. To the fullest extent permitted by law, the Provider:
- excludes all representations and warranties relating to this website, its contents and the Service or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Provider’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website or the Service. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised the Provider of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
3. Conflicting Material and Terms
These Terms take precedence over any material available on this website or from the Service.
4. Indemnification
The user agrees to indemnify and hold the Provider, its directors, officers and employees, and suppliers harmless to the fullest extend of the applicable law from any claim, demand, or damage, including legal fees, asserted by any third party due to or arising out of the user's use of or conduct with the Service.
5. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
6. Changes & Notification
The Provider reserves the right to modify these Terms at any time without prior notice to the User. The Provider will attempt to notify all users of the Service of all applicable changes when possible; however, makes no obligation to do so.
7. Enforcement
If any part of these Terms cannot be enforced for any reason, this decision will not affect the validity of the remainder of the Terms which will remain in full effect.
8. Governing Law
These Terms are governed by the laws of the State of New York and Suffolk County. You consent to the exclusive jurisdiction of the courts of the State of New York and Suffolk County.
9. Contact us if you have questions
If you have any questions or concerns regarding anything in this document. Be sure to contact us. Our contact information is as follows:
enormego.
173 N. Main St. #114
Sayville, NY 11782
United Stats