Terms of Use
This policy covers the terms you agree to when using the Pacemaker Club website.
Our Service
Pacemaker Club’s website and services are provided to you on an "as is" basis. You agree that the owners of Pacemaker Club exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services, whether temporarily or permanently.
Disclaimer
You understand and agree that all content on this website is for informational purposes only and should not be a substitute for professional medical advice. You understand and agree that your use of this website and any services or content provided is made available and provided to you at your own risk.
Limitation of Liability
You expressly understand and agree that Pacemaker Club shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages resulting from or arising out of the use of or inability to use the service, the cost to obtain substitute goods and/or services resulting from a transaction entered into or through this service. Pacemaker Club, nor its moderators, shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. Pacemaker Club makes no warranty, implied or expressed, neither that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, and reliable, of any quality nor that any content is safe to download.
Protection of Passwords
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses of your account, whether authorized or unauthorized by you. You agree to immediately notify Pacemaker Club of any unauthorized use or your registration, user account or password.
Your Conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content. Pacemaker Club nor its owners shall not be responsible to you in any way for the Content that appears on this website nor for any errors or omissions. You explicitly agree, in using this website or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
Submission of Content
By providing any Content on this website,
(a) you agree to grant Pacemaker Club a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed.
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Pacemaker Club the license set forth in this Section.
(c) you acknowledge and agree that Pacemaker Club shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies made by these companies. Pacemaker Club shall not be liable for or responsible in any manner for any of your dealings or interactions with third parties.
Indemnification
You agree to indemnify and hold harmless; Pacemaker Club and our subsidiaries, affiliates, related parties, owners, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your provision of Content, your violation of these Terms of Use or any other violation of the rights of another person or party.
Reservation of Rights
Pacemaker Club reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right. The use of these rights and property requires prior written consent from Pacemaker Club. Pacemaker Club is not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.
Notification of Copyright Infringement
If you believe that your property has been used on this website and violates your copyrights or intellectual property rights, email info@pacemakerclub.com.
Applicable Law
You agree that these Terms of Use and any dispute arising out of your use of this website, products or services shall be governed by and construed in accordance with local laws in New Brunswick, Canada.
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