The following fields are required during registration to guarantee the Cardiomeet network is a useful directory for its members: name, address, specialty, office phone, occupation, email address and password. Cardiologists are required to additionally enter or confirm medical college, year of graduation, post graduation and birthday. Most of this information, other than your email address, will already be included in your profile, but we ask that you verify that the information is correct, and update it where ever necessary. We may use your medical college year of graduation and birthday in order to verify that you are a cardiologist. We also give you the option to provide the following information: subspecialty, title/practice, clinical areas of interest, maiden name, languages spoken at your office, and profile photo. Providing such information is completely optional and choosing not to provide this information will not affect your ability to browse the cardiomeet directory or use the cardiomeet service. All of the information that is publicly available or you voluntarily provide will be included in your profile, which is accessible to anyone browsing the cardiomeet directory, except your birth year, year you graduated from medical college and your email address.
Once you have completed the registration process, you may at any time provide additional information to your profile. Such information includes: medical group, MCI and hospital affiliations, internship, residency program, fellowships, work history, presentations, publications, education, professional interests, memberships, and board certifications. Providing additional information is entirely optional, but enables you to better identify yourself and find new opportunities in the cardiomeet system to build and leverage your professional network. Any information you provide to us, whether during the registration process or as an update to your Profile, may be used in the same manner and extent to which other information is permitted to be used hereunder, including for the purpose of serving advertisements through the service.
If you choose, you may fill out a private profile on Cardiomeet. The private profile can consist of back line, mobile phone, home phone, other phone, mobile and email address or other private note. Your private profile is visible only to those confirmed colleagues with whom you select to share it.
Cardiomeet may collect information through our website or through Customer Support in order to, among other things, accurately categorize and respond to your inquiry and deliver appropriate service levels.
If you wish to invite your colleagues to join Cardiomeet, you have to send their names and email addresses to us, which Cardiomeet will use to send your invitation including a message that you write. The names and email addresses of people that you invite will be used only to send your invitation and reminders.
Due to the communications standards on the internet, when you visit the Cardiomeet website we automatically receive the URL of the site from which you came and the site to which you are going when you leave Cardiomeet. Cardiomeet also receives the internet protocol (“IP”) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, mobile device operating system (if you are accessing Cardiomeet using a mobile device), as well as the name of your ISP or your mobile carrier. We use this information to analyze overall trends to help improve the service. The linkage between your IP address and your personally identifiable information is not shared with third parties without your permission, except as described in Section 2 (“Legal Disclaimer” and “Disclosures to Others”), below.
You have a right to access, modify, correct and remove the data about you, which has been collected pursuant to your decision to become a User. If you update any of your information, we may keep a copy of the information which you originally provided to us in our archives for uses documented herein. We take your rights seriously and encourage you to use them if you deem this to be appropriate. You may exercise these rights by emailing us at firstname.lastname@example.org or by contacting us at:Cardiomeet
Cardiomeet is an online service dedicated to helping medical professionals for more effectively connect with one another. The information you choose to provide about yourself on our service is used to help you describe yourself to other Users. If you close your Cardiomeet account, we will remove all of the personal information that you have provided to Cardiomeet from our publicly viewable database, as well as any private profile information that you have stored with us. We will retain the publicly available data in the database, including all of the information about you that was available on our database prior to joining the cardiomeet network. Other information, that does not personally identify you as an individual, is collected by Cardiomeet from Users (such as, for example, patterns of utilization) and is exclusively owned by Cardiomeet. This information can be utilized by Cardiomeet in such manner as Cardiomeet, in its sole discretion, deems appropriate.
Cardiomeet will communicate with you through email, cardiomeet mails and notices posted on the cardiomeet website or through other means available through the service, including text and other forms of messaging. If we send any communications to you via the telecom/mobile/internet service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges for messages to your mobile device). Our communications to you include emails which help inform Users about various features of the service. Cardiomeet may send you promotional information unless you have opted out of receiving such information. You can change your email and contact preferences at any time by sending a request to email@example.com or by updating your profile information.
Information provided to Cardiomeet (or to third parties with whom it offers/will offer in near future combined services) is also used to customize your experience on our website. For example, you can store “most used” phone numbers for easy reference.
Cardiomeet takes the privacy of Users very seriously. We do not sell, rent, or otherwise provide your private information to third parties for marketing or other purposes. We may provide data about the usage of our services with third party service providers with whom we contract to help us provide our Services. For example, we may work with vendors, consultants or other third parties to host and maintain our data and website properties, analyze our data, or provide marketing assistance. All contracted third parties must agree not to use your personal information and communications other than to fulfill their responsibilities to us and are bound by confidentiality agreements with regard to their use of such information. We may provide aggregated anonymous data about the usage of our services to third parties for such purposes as we deem, in our sole discretion, to be appropriate, including to prospective investors/stake holders in Cardiomeet. We may segment our Users by specialty, education, alumni groups, training, research, grants, trials, geographic location or other similar information and provide information from your public profile as part of our Services and product offerings. If you would like to be excluded from the aggregated research or products based upon aggregated or segmented data and Users’ activities on the site, please email firstname.lastname@example.org. As part of our Services, we may share personal information with bodies accredited by Medical Council of India or similar bodies across the world and other activities you may choose to take through our Service. As part of our Services, we may also share public profile information with medical leading publications and ranking bodies, across the world to increase the visibility of our Users. When you use the Cardiomeet Service through a cardiomeet website, newsletter, mobile app or other medium, you may be presented with advertisements or opportunities to engage in informational programs consisting of sponsor-selected content. Examples of these programs include sponsored news alerts or branded or unbranded discussion groups. All sponsored programs will be labeled clearly as sponsored. When you choose to engage with a sponsored program, such as engaging with a commercial client’s sponsored news alert, we may provide our commercial clients with your identifiable information and information about the type of engagement (e.g., whether you viewed, interacted with or requested information about such promotional content). We will only share your identifiable information with clients who have agreed to use such information solely for authorized purposes. To confirm, we will not provide your personal contact information such as email, phone, mobile, or postal address as part of our Services. You may revoke your authorization to participate in these features of our Services at anytime. If you would like to be excluded from the accredited bodies, leading publications or commercial features of our Services please email email@example.com.
We offer search services to help you find information and learn more about other Users (for example, you can search for Users with particular expertise, or that you may know from your medical school). We use information from User profiles and other contributions to Cardiomeet to inform and refine our search service.
As a User, you may receive requests to participate in market research including polls and surveys submitted by other Cardiomeet members. If you participate in surveys and polls offered through our website, the information you provide may be visible to others using the Cardiomeet website. You may opt-out of participating by emailing firstname.lastname@example.org to stop receiving these inquiries and requests.
Communications you initiate through Cardiomeet, such as a colleague invitation sent to a non-User, will list your name in the message, along with your current office address and phone/fax numbers. No other contact information will be included in the message. Cardiomeet members may communicate with one another using the Cardiomeet Mail feature. Mail messages may only be initiated between two users who have confirmed a colleague relationship within the Cardiomeet network. In the case where a User has initiated a group message to two or more of his or her colleagues, recipients of this group message may “reply all” to the recipients of this group message, even though they are not all colleagues. This is the only instance where a User may receive a Mail from a non-colleague. Mail messages may be sent Secure or non-Secure. Secure messages require recipients to confirm their identity by entering their PIN code prior to viewing. Non-Secure messages may be read by anyone with access to a User’s mobile device. You can disable Mail at any time in Settings.
It is possible that we may need to disclose personal information when required by law, such as responses to civil or criminal subpoenas, or other requests by law enforcement personnel. We will disclose such information when we have a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, subpoena, or other legal process or request to Cardiomeet brought in any country throughout the world, or to exercise our legal rights or defend against legal claims.
We may also disclose your personal and other information you provide, to another third party as part of reorganization or a sale of substantially all of the business of Cardiomeet. Any third party to which we transfer or sell Cardiomeet’s assets will have the right to continue to use the personal and other information that you provide to us.
You can review and make any desired changes to the information you publish, or to the settings for your Cardiomeet account, including your email and contact preferences, at any time by emailing cardiomeet email@example.com . Please be aware that even after your request for a change is processed, Cardiomeet may, for a certain time, retain residual information about you in its backup and/or archival copies of its database.
You can also close your account at any time by emailing firstname.lastname@example.org if you close your Cardiomeet account, we will remove all of the information that you have provided to Cardiomeet from our publicly viewable database, as well as any private profile information that you have stored with us. We will retain the publicly available data in the database, including all of the information about you that was available on our database prior to your joining the Cardiomeet network. We may also retain certain data contributed by you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, or if required by law. Cardiomeet may also retain and use your information if necessary to provide the Services to other Users. Similarly, other information you have shared with others, or that other Users have copied, may also remain visible. Cardiomeet disclaims any liability in relation to the deletion or retention (subject to the terms herein) of information or any obligation not to delete the information. Cardiomeet does not control when search engines update their cache, which may contain certain public profile information that has since been removed from Cardiomeet's publicly viewable database.
As a User, you have certain obligations toward the other Users with whom you will be communicating.
2. You must not download or otherwise disseminate any information which may be deemed to be injurious, defamatory, violent, offensive, racist, sexist or xenophobic, or which may otherwise violate the purpose and spirit of Cardiomeet and its community of Users.
3. You must not provide information to Cardiomeet and /or other Users which you believe might be injurious or detrimental to your person, professional or social status.
Any violation of these guidelines may lead to the restriction, suspension or termination of your account by Cardiomeet, as we take these principles seriously and consider them to be the basis on which our Users adhere to the Cardiomeet website and the services which it offers.
If Users have questions or concerns regarding any statement, you may contact Cardiomeet by email at email@example.com
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. We generally post updates to this policy once per year or as applicable. By continuing to use the Cardiomeet service after notice of changes have been sent to you or published on the Cardiomeet website, you are consenting to the changes. If you use the Cardiomeet service after notice of these changes has been posted, you are providing your consent to the changed practices.
In order to secure your personal information, access to your data on Cardiomeet is password-protected. It is your responsibility to protect the security of your login information.
A. Purpose Cardiomeet's mission is to connect the world's cardiologists to enable you to be more productive and successful and entire humanity should be benefited by such connections and interaction and exchange of knowledge.
B. License and warranty for your submissions to Cardiomeet You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections: You have control over the information you provide Cardiomeet under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Cardiomeet and its registered users a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Cardiomeet, including, but not limited to, any registration data, user generated content, ideas, concepts, techniques or data to the services, you submit to Cardiomeet, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement. By providing information to us, you represent and warrant that you are entitled to and have the requisite rights to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. Except as otherwise provided in this Agreement, Cardiomeet will have no obligations with respect to the information you submit to us. Cardiomeet, after receiving specific written requisition from you , may grant you a non-exclusive, non-transferable license to re-use or republish your own contributions made to the Cardiomeet site in its original or derivative form for republication elsewhere, such as in journals or other professional publications. This license will be restricted to your own contributions and does not grant you rights to republish the contributions or postings of other Cardiomeet members and for any monetary gains. Cardiomeet shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information. It is your responsibility to keep your Cardiomeet profile information accurate and updated.
C. Service Eligibility To be eligible to use the Service, you must meet the following criteria and represent and warrant that you:
(1) are 18 years of age or older;
(2) a certified Indian physician or other health care professional
(3) are not currently restricted from the Services, or not otherwise prohibited from having a Cardiomeet account,
(4) are not a competitor of Cardiomeet or are not using the Services for reasons that are in competition with Cardiomeet;
(5) will only maintain one Cardiomeet account at any given time;
(6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
(7) will not violate any rights of Cardiomeet, including intellectual property rights such as copyright or trademark rights; and
(8) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
D. Sign-In Credentials You agree to:
(1) Keep your password secure and confidential;
(2) not permit others to use your login credentials to access your account;
(3) refrain from using other Users' accounts;
(4) refrain from selling, trading, or otherwise transferring your Cardiomeet account or any information and content of another Cardiomeet user to another party; and
(5) refrain from charging anyone for access to any portion of Cardiomeet, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact firstname.lastname@example.org.
E. Indemnification You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable lawyers' fees and costs) related to all third party claims, charges, and investigations, caused by
(1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws,
(2) any content you submit to the Services, and
(3) any activity in which you engage on or through Cardiomeet.
F. Payment If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Special/Premium Services"), you agree to Cardiomeet storing your payment card information. You also agree to pay the applicable fees for the Special/Premium Services (including, without limitation, periodic fees for special/premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Special/Premium Services by contacting email@example.com. You also acknowledge that Cardiomeet's Special/Premium Services are subject to this Agreement and any additional terms related to the provision of the Special/Premium Service. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All Premium Services, including upgrades and additional messages acquired as part of your Premium account, expire immediately upon cancellation or termination of your Premium account.
G. Notify Us of Acts Contrary to the Agreement If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
H. Notifications and Service Messages For purposes of service messages and notices about the Services to you, Cardiomeet may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Cardiomeet to an email address associated with your account, even if we have other contact information. You also agree that Cardiomeet may communicate with you through your Cardiomeet account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Cardiomeet account or services associated with Cardiomeet. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
I. User-To-User Communication and Sharing Cardiomeet may offer various forums in near future, where you can communicate with individuals and groups. Cardiomeet members can create groups, however, Cardiomeet may close or transfer groups in its discretion, or remove content from them if the content violates this Agreement or others' intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Users, and Cardiomeet cannot guarantee that other Users will not use the ideas and information that you share on Cardiomeet. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not share it on Cardiomeet. CARDIOMEET IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, UPLOAD, OR TRANSMIT WITHIN CARDIOMEET.
K. Contributions to Cardiomeet By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Cardiomeet through its suggestion or feedbacks, you acknowledge and agree that:
(a) your Contributions do not contain confidential proprietary or protected information;
(b) Cardiomeet is not under any obligation of confidentiality, express or implied, with respect to the Contributions; Cardiomeet shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(c) Cardiomeet may have something similar to the Contributions already under consideration or in development;
(d) you irrevocably assign to Cardiomeet all rights to your Contributions; and
(e) you are not entitled to any compensation or reimbursement of any kind from Cardiomeet under any circumstances.
L. Posted Data The information and content posted on Cardiomeet is gathered from publicly available data or submitted by Users, and Cardiomeet cannot guarantee the accuracy of such information. Use of Cardiomeet by you is conditioned upon your agreement that all of the information and content, including profile and other data, is for informational purposes only and should not be relied upon, and that as User, you agree to hold harmless Cardiomeet and other Users and data suppliers for your use or reliance on such data.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do's and Don'ts listed in Section 12, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Cardiomeet or its Users), view information and use the Services that we provide on Cardiomeet webpages and in accordance with this Agreement. Any other use of Cardiomeet contrary to our mission and purpose (such as seeking to connect to someone you do not know or to use information gathered from Cardiomeet commercially in each case unless expressly authorized by Cardiomeet) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Cardiomeet and all related items, including any and all copies made of the Cardiomeet website.
A. Services Availability For as long as Cardiomeet continues to offer the Services, Cardiomeet shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Cardiomeet as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Cardiomeet, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Cardiomeet further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Cardiomeet to be contrary to this Agreement. For avoidance of doubt, Cardiomeet has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
C. Disclosure of User Information You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to:
(1) comply with legal process, including, but not limited to, civil and criminal matters, court orders or other compulsory disclosures;
(2) enforce this Agreement;
(3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency;
(4) respond to customer service inquiries; or
D. Connections and Interactions with Other Users You are solely responsible for your interactions with other Users. Cardiomeet may limit the number of colleague connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Cardiomeet reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Cardiomeet determines, in our sole discretion, that doing so is necessary to enforce this Agreement. You agree that from time to time Cardiomeet may invite or otherwise make you aware of certain educational, promotional or financial opportunities relating to Your Communications and profile.
Do not rely on Cardiomeet, any information therein, or its continuation. We provide the platform for Cardiomeet and all information and services on an "as is" and "as available" basis. Cardiomeet does not control or inspect User generated content for accuracy. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement. If you are dissatisfied or harmed by Cardiomeet or anything related to Cardiomeet, you may close your Cardiomeet account and terminate this agreement in accordance with section 8 ("termination") and such termination shall be your sole and exclusive remedy. Cardiomeet is not responsible, and makes no representations or warranties for the delivery of any messages sent through Cardiomeet to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. Cardiomeet does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. Cardiomeet disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Cardiomeet disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Cardiomeet site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
Neither Cardiomeet nor any employees, shareholders, representatives or directors ("Cardiomeet Affiliates") shall be cumulatively liable for (a) any damages in excess of Rs.100, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Cardiomeet. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall: Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and Not apply to any damage that Cardiomeet may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement. Not apply if you have entered into a separate agreement to purchase Special Services with a separate Limitation of Liability provision that supersedes this section in relation to those Special Services.
A. Mutual Rights of Termination You may terminate this Agreement, for any or no reason, at any time, with notice to Cardiomeet pursuant to Section 10.B. This notice will be effective upon Cardiomeet processing your notice. Cardiomeet may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your Cardiomeet account includes disabling your access to Cardiomeet and may also bar you from any future use of Cardiomeet. B. Misuse of the Services Cardiomeet may restrict, suspend or terminate the account of any User who abuses or misuses the Services or offers competitive services. Misuse of the Services includes inviting to connect other Users whom you do not know or with whom you do not have a medical referral, informational, recruiting or consulting objective authorized by Cardiomeet; abusing the Cardiomeet social platform and messaging services; using the Services commercially without Cardiomeet's authorization, infringing any intellectual property rights, violating any of the Do's and Don'ts listed in Section 11, or any other behavior that Cardiomeet, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Cardiomeet has adopted a policy of terminating accounts of Users who, in Cardiomeet's sole discretion, are deemed to be repeat infringers under the India’s Copyright Act 1957. C. Effect of Termination Upon the termination of your Cardiomeet account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections 3 ("Your Rights") and 4.a-b, and d ("Our Rights and Obligations") hereof.
A. Law and Forum for Legal Disputes This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the prevailing laws of the Union of India regardless of your country of origin or where you access Cardiomeet, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Cardiomeet agree that all claims arising out of or related to this Agreement must be resolved exclusively by a court located in Nagpur, Maharashtra, India except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Cardiomeet agree to submit to the personal jurisdiction of the courts located within Nagpur, Maharashtra, India for the purpose of litigating all such claims. Notwithstanding the above, you agree that Cardiomeet shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. B. Arbitration Option For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than Rs.1, 00,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration or as per provisions of Indian Arbitration act 1996. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
A. Severability If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way. B. Notices and Service of Process In addition to Section 2.h. ("Notifications and Service Messages"), we may notify you via postings on www.cardiomeet.com. You may contact us at firstname.lastname@example.org or via mail or courier at: Cardiomeet ATTN: Legal Department Cardiomeet Promax, 82, SHIVAJINAGAR, NAGPUR-10. C. Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Cardiomeet services, third-party content or third party software. D. Initial Posting and Amendments to This Agreement This Agreement will be posted on the www.cardiomeet.com website. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.cardiomeet.org or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 8 (Termination). E. No Informal Waivers, Agreements or Representations Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Cardiomeet Affiliate shall be deemed legally binding on any Cardiomeet Affiliate, unless documented in a physical writing hand signed by a duly appointed representative of Cardiomeet. F. No Injunctive Relief In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. G. Assignment and Delegation You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral ovation, effective upon notice to you, Cardiomeet for any third party that assumes our rights and obligations under this Agreement. H. Potential Other Rights and Obligations You may have rights or obligations under local law other than those enumerated here if you are located outside the India.