Lipid Manager Terms of Service and License Agreement
This Terms of Service and License Agreement constitutes a
legal agreement (collectively, the "Agreement") between
the American College of Cardiology Foundation ("ACCF") and
You and your agents ("You") for the use of the Lipid
Manager, which links the LDL-C Lowering Therapy, Hypertriglyceridemia,
and the Statin Intolerance tools
(collectively "the Product"), whether You use the mobile
application version of the Product or the web version of
the Product. The Product allows You to access certain
content included in the Product ("Content") relating to reducing ASCVD risk by managing patients’
LDL-C and triglycerides and corresponding clinical policy.
By using the Product, You accept and agree to be bound by
all of the terms and conditions set forth in this
Agreement. If You do not wish to accept the terms and
conditions of this Agreement, You may not proceed to use
the Product.
ACCF may change the terms of this Agreement from time to
time without further notice directly to You. When the
terms are changed, ACCF will post a general conspicuous
notice. If You do not agree with the revised terms, please
discontinue use of the Product immediately. Your continued
use of the Product following such notice constitutes your
acceptance of and agreement to be bound by any revised
terms of the Agreement. This Agreement expressly
incorporates by reference and includes rules or
disclaimers that may be posted and updated within the
Product or communicated to You from time to time.
Term and Termination
ACCF may terminate your access and/or the Product at any
time. You agree that any termination of your access to the
Product shall not result in any liability or other
obligation of ACCF to You, or any third party in
connection with such termination.
Intellectual Property Rights
This Product, including the information, text, graphics,
images, audio and video files, trademarks and other
materials that may be contained therein (collectively
"Content"), is owned by ACCF and/or its suppliers or acknowledged licensors, and is
protected by patents, copyrights, trademarks, and other
proprietary rights. Except as specifically provided in
this Agreement, your use of the Product shall be governed
and constrained by applicable patent, copyright, trademark
and other intellectual property laws. ACCF grants You a
limited, nonexclusive, nontransferable, revocable license
to utilize and access the Product for your noncommercial,
personal use according to the terms and conditions in this
Agreement. You may not modify, publish, transmit,
participate in the transfer or sale of, reproduce, create
derivative works from, distribute, perform, display,
incorporate into another website, or in any other way
exploit the Service and/or any of the Content, in whole or
in part. Except as expressly granted by this Agreement,
You acquire no right, title or interest in the Product or
the Content or other data or materials incorporated in the
Product. ACCF, ACC or affiliates or licensors thereof
shall retain all right, title and interest in the Product
and Content.
PREVENT™ TERMS AND CONDITIONS
Disclaimer: The information derived from the use of PREVENTTM is based on PREVENTTM 1.0.0.
Updates and future adaptations of PREVENTTM may yield different results and conclusions.
Attribution Statement: The PREVENTTM equations were developed by select members of the American Heart Association Cardiovascular-Kidney-Metabolic Scientific Advisory Group.
The risk equations were derived and validated in a large, diverse sample of over 6 million individuals.[1], [2]
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[1] Khan SS, Matsushita K, Sang Y, et al. Development and Validation of the American Heart Association Predicting Risk of Cardiovascular Disease EVENTs (PREVENTTM) Equations.
Circulation 2023. DOI: 10.1161/CIRCULATIONAHA.123.067626(link opens in new window).
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[2] Khan SS, Coresh J, Pencina MJ, et al. Novel Prediction Equations for Absolute Risk Assessment of Total Cardiovascular Disease Incorporating Cardiovascular-Kidney-Metabolic Health: A Scientific Statement From the American Heart Association.
Circulation 2023;148(24):1982-2004. DOI: 10.1161/CIR.0000000000001191(link opens in new window).
Non-Affiliation Statement: The ACCF is an independent entity and is not affiliated with, endorsed by, sponsored by, or approved by American Heart Association (“AHA”).
Use of the PREVENTTM risk model and related materials is pursuant to a license from AHA and does not imply any partnership or association between AHA and ACCF.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ACCF
HEREBY DISCLAIMS, AND IN NO EVENT SHALL ACCF OR ANY PARTY
INVOLVED IN CREATING OR PRODUCING THE PRODUCT BE LIABLE
FOR, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA LOSS, OR OTHER LOSSES, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF
ACCF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
RESULTING FROM: (i) THE USE OR INABILITY TO USE THE
PRODUCT, (ii) THE COST OF ANY SUBSTITUTE PRODUCTS AND/OR
SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR
SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR
TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) THE
USE OR INABILITY TO USE ANY THIRD PARTY APPLICATIONS
CONTAINED WITHIN THE PRODUCT, OR (iv) ANY MATTER OTHERWISE
RELATED TO YOUR USE OF THE PRODUCT.
Release of Liability
You assume all risks associated with use of the Product
including, but not limited to any harm, injury or damages
resulting directly or indirectly from the use of the
Product, all such risks being known and understood by You.
In consideration of your use of the Product, You, for
yourself and anyone entitled to act on your behalf, waive
and forever release ACCF, its officers, trustees,
employees, representatives and successors from all claims
and liabilities of any kind arising out of your use or
misuse of the Product.
Indemnification
You hereby agree to indemnify, save and hold ACCF, its
directors, officers, shareholders, parents, subsidiaries,
affiliates, agents and licensors harmless from and against
any and all claims, liability, losses, damages and costs,
including, without limitation, reasonable attorneys' fees
and costs, arising out of your use or misuse of the
Product or Content, or any violation of this Agreement.
ACCF assumes the right, at your expense, to assume the
exclusive defense and control of any matter for which you
are required to indemnify ACCF, and you agree to cooperate
with ACCF’s defense of these claims. ACCF will use
reasonable efforts to notify you of any such claim,
action, or proceeding upon becoming aware of it.
Disclaimer of Warranties
THE PRODUCT AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. ACCF AND ITS SUPPLIERS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE
PRODUCT OR CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ACCF MAKES
NO WARRANTY THAT THE PRODUCT AND/OR ANY CONTENT THEREIN
WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED,
TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE
OR THE RESULTS THAT MAY BE OBTAINED BY USE OF THE PRODUCT
OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU
UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE
REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION
WITH THE PRODUCT IS TO CEASE ITS USE.
The Content on the Product is presented as an educational
service intended for licensed healthcare professionals.
While the Content in the Product is about specific medical
and healthcare issues, the Content is not a substitute for
or replacement of personalized medical advice and is not
intended to be used as the sole basis for making
individualized medical or health-related decisions.
The views and opinions expressed are those of the
contributing authors and editors and do not necessarily
represent the views of the ACCF. The material is not
intended to present the only, or necessarily best, methods
or procedures for the medical situations addressed, but
rather is intended to represent an approach, view,
statement or opinion.
Any reference to a specific therapy or commercial product
in this Product does not constitute a guarantee or
endorsement by ACCF of the quality or value of such
therapy or product or any claims made by the manufacturer
of such therapy or commercial product.
In addition, any statements about such therapy or
commercial products are solely based on published clinical
prediction rules and estimates of drug treatment effects
from published clinical studies and do not represent an
ACCF endorsement or evaluation of these products.
Force Majeure
ACCF will be excused from performance under this Agreement
and will not be liable or considered in default under this
Agreement in the event that the Product is unavailable for
any period of time, or if ACCF is otherwise unable to
perform its obligations hereunder, in whole or in part, as
a result of a Force Majeure Event. For purposes of this
Section, "Force Majeure Event" means an event or series of
events caused by or resulting from any of the following:
(1) weather conditions or other elements of nature or acts
of God; (2) government regulation; (3) quarantines or
embargoes; (4) telecommunications, network, computer,
server or Internet downtime; (5) unauthorized access to
ACCF's information technology systems by third parties; or
(6) any other causes beyond the reasonable control of
ACCF.
No Assignment
This Agreement is personal to You, and You may not assign
your rights or obligations to anyone.
No Waiver
Neither failure nor delay on the part of any party to
exercise any right, remedy, power or privilege hereunder
nor course of dealing between the parties shall operate as
a waiver thereof, or of the exercise of any other right,
remedy, power or privilege. No term of this Agreement
shall be deemed waived, and no breach consented to, unless
such waiver or consent shall be in writing and signed by
the party claimed to have waived or consented. No waiver
of any rights or consent to any breaches shall constitute
a waiver of any other rights or consent to any other
breach.
Severability
If any provision in this Agreement is held invalid or
unenforceable under applicable law, the remaining
provisions shall continue in full force and effect.
Governing Law
This Agreement will be governed by and construed
exclusively in accordance with the laws of the District of
Columbia, USA, without regard to its conflicts of law
principles and, to the extent applicable, the federal laws
of the United States. If a dispute arises between ACCF and
You, You hereby agree to submit such dispute to
non-binding mediation, followed by binding arbitration, if
necessary. Both the mediation and arbitration will be
conducted by JAMS applying the laws of the District of
Columbia without regard to its conflicts of laws
principles and in the District of Columbia as venue.
Certification
I hereby certify that I understand and agree to the terms
stated in this Agreement and that this Agreement applies
to my initial use of the Product and all other subsequent
uses of the Product. BY USING THIS PRODUCT, I HEREBY
AFFIRM THAT I HAVE READ, FULLY UNDERSTAND, AND AGREE TO
THE ABOVE STATEMENTS.