Legal notice

Terms and conditions

Welcome to our website (“Site”) operated by VALENTÍN FUSTER – MOUNT SINAI FOUNDATION FOR SCIENCE, HEALTH AND EMPOWERMENT, INC (“The “VFMSF,” “we,” or “our”). These terms of use (“Terms,”), which include our Privacy Statement, governs your use of our Site. By using our Site, you agree to these Terms. We may modify these Terms at any time by posting a revised version on our Site or, if we determine appropriate, by sending you an email or other notice. Please review these Terms from time to time because your continued use of our Site after modified Terms have been posted indicates your consent to the Terms. You may use our Site for different purposes, such as visiting our donor portal (“Donor Portal”), and other information focused on basic and clinical research, learn about the promotion of healthy habits through communication and Education of the population.

Copyright

Material on our Site is protected by copyright. Except as expressly indicated otherwise in these Terms or on our Site, you may download articles, podcasts, and other information posted on our Site (“Site Content”) solely for your limited, personal, non-commercial use as long as you do not alter the Site Content or remove any trademark, copyright, or other notices displayed on the Site Content. If you are a professional advisor, you may download multiple copies of materials that are presented as downloadable solely for your research and reference (but not for redistribution for any commercial purpose or any at a charge) as long as you do not alter the Site Content or remove any trademark, copyright or other notices. Aside from expressly permitted uses, you may not reproduce, distribute, create derivative works of, publicly display or perform the Site Content in any manner, including extracting information or data for use in a database or any other purpose, without The VFMSF’s prior written consent in each case. If you would like to use Site Content for any other purpose, please send your request to carlos.peyra@mssm.edu

Trademarks

Our name and our trademarks and service marks, including The VALENTÍN FUSTER – MOUNT SINAI FOUNDATION FOR SCIENCE, HEALTH AND EMPOWERMENT, INC., logos, slogans, and other indicia of source are owned by The VFMSF (collectively, “Our Trademarks”). You may not use Our Trademarks without The VFMSF’s prior written consent in each case, including in any manner that implies The VFMSF sponsors, endorses or is otherwise the source of or affiliated with a product, service, entity, or activity or that would be likely to cause confusion among the public.

Access to Site Content

You may freely access the public areas of our Site.

Our Site is intended to: (i) provide the public with information regarding Cardiovascular health research programs (ii) allow donors to make contributions.

You represent and warrant that all information you provide on our Site is accurate and complete. We reserve the right, in our sole discretion, to suspend or terminate access to our Site at any time if we suspect that you have not complied with these Terms or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use our Site in any way that violates these Terms or any applicable law or regulation.

Other Restrictions

You agree not to use our Site for any purpose that is unlawful or prohibited by these Terms, including attempting to or actually: (i) undertaking or encouraging conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any local, state, Federal, or international law or regulation; (ii) interfering with the operation or integrity of the Site or circumventing any Site security; (iii) imposing an unreasonable load on the Site’s infrastructure or infecting the Site with viruses, worms, or other malicious elements; (iv) accessing any restricted areas of the Site without appropriate authorization; (v) collecting data about other users or harvesting data from the Site to populate databases or for any purpose; (vi) providing false or misleading information; or (vii) uploading any unlawful, threatening, misleading or false information or material that infringes any intellectual property or other right or that constitutes unsolicited advertising or other forms of solicitation such as “spam,” “junk mail,” or “pyramid schemes.”

Links, Frames and Metatags

You may not frame the content of our Site on any other web site unless you first obtain our prior written consent in each case. You may not use metatags or any other “hidden text” that incorporates Our Trademarks, or words confusingly similar to Our Trademarks, without our prior written consent.

Third-Party Sites

Our Site may include links to web sites controlled and maintained by third parties (“Third-Party Sites”).

The VFMSF is not responsible for Third-Party Sites and providing a link to a Third-Party Site or the ability to share content does not mean The VFMSF endorses any Third-Party Site’s content, activities, policies or practices. Any information you share with or actions you take on Third-Party Sites are governed by the applicable Third-Party Sites terms of use and privacy statements, which you should review carefully. You hereby release VFMSF from any claim of any nature, known or unknown, that you may ever have arising from your use of any Third-Party Site,

Disclaimers

Our site, services, and content are offered “as is” and “as available.” to the maximum extent permitted under law, we disclaim all express or implied warranties of any kind with respect to our site, services, and content, including any warranty of merchantability, fitness for a particular purpose (even if the purpose has been disclosed to us), and non-infringement. we make no representations or warranties about the accuracy, completeness, timeliness, or

reliability of any services or content available through our site (or through links to third-party sites), including that our site, services, or content will be uninterrupted or error-free. we reserve the right to correct any errors, inaccuracies or other issues concerning our site, services, and content. if you rely on our site, services or content, you do so entirely at your own risk.

although we intend to take reasonable steps to prevent the introduction of viruses, worms, or other harmful elements to our site, we do not warrant that our site, services or content will be free from such elements and the vfmsf is not liable for any damages or harm attributable to them.

you acknowledge that you are responsible for creating, updating, and storing any necessary backup and archival copies of data and account information as may be needed in case of any computer network or other system failure.

Limitation of liability

the vfmsf and its directors, officers, employees, and agents are not liable for any claim of any nature whatsoever based on any loss, damage, liability, or injury arising from your use of our site, services, or content or from your breach of these terms. under no circumstances will the vfmsf or its directors, officers, employees, or agents be liable for any indirect, incidental, consequential, special, punitive, exemplary or similar damages (including lost revenues or profits, loss of business, or loss of data) arising out of or related to your use of our site, services, or content or these terms, regardless of the theory of liability, whether tort (including negligence), contract, or any other legal or equitable theory. .

No Investment, Tax, or Legal Advice

Information and material available through our Site is solely for convenience and educational and informational purposes. It does not constitute investment, financial, tax, accounting, or legal advice and should not be relied upon in that respect. We suggest that you consult an attorney, accountant and/or financial advisor to answer any financial or legal questions.

Indemnification

You agree to indemnify and hold The VFMSF and its directors, officers, employees, and agents harmless against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that any of the indemnified parties may incur arising out of or related to your use of our Site, services or content or your violation of these Terms. The VFMSF reserves the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.

Termination

We reserve the right to terminate these Terms, our Site, and any services or content offered through our Site at any time without notice for any reason. The “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) will survive any termination.

General

These Terms, which include the Privacy Statement, are the complete agreement between you and The VFMSF regarding your use of our Site, supersede all other agreements (oral or written) between you and The VFMSF, except that if you sign a donor agreement or grant agreement then these Terms will supplement that agreement. These Terms are governed by and should be construed according to the laws of the State of New York applicable to agreements made and performed in New York, unless doing so would lead to the application of the laws of another jurisdiction. If you choose to access our Site from jurisdictions other than the United States, you do so at your own risk, and you are responsible for complying with any applicable local laws. You irrevocably agree: (A) to bring any claim or dispute relating to your use of our Site and these Terms exclusively in the state and federal courts located in the State and County of New York; (B) to submit to the exclusive jurisdiction of those courts; and (C) to waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without The VFMSF’s prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will reflect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law. The failure of a party to assert any right under these Terms will not be considered a waiver of that party’s right unless the waiver is in writing. The term “including” in these Terms is intended to be illustrative and means “including without limitation.”

Questions

Please contact us at carlos.peyra@mssm.edu with any questions you may have about these Terms.