Office Phone Number: (832) 644-8930
New Patient Appointments: (346) 662-1220
Office Phone Number: (832) 644-8930
New Patient Appointments: (346) 662-1220
Effective Date: January, 2019
Last Updated: August, 2025
IMPORTANT – READ CAREFULLY:
This Terms and Conditions of Use Agreement (“Agreement”) is a binding legal contract between you (“User,” “you,” “your”) and Modern Heart and Vascular and its affiliates, subsidiaries, successors, assigns, and related entities (“MHVI,” “we,” “us,” “our”). By accessing or using our websites, portals, applications, telehealth platforms, Skool communities, social media channels, or any other service, product, or resource provided by MHVI (collectively, the “Services”), you agree to be legally bound by this Agreement.
If you do not agree to all terms herein, you must immediately discontinue use of the Services. Continued use constitutes your full acceptance of this Agreement, including all future amendments.
For purposes of this Agreement, the following terms have the meanings assigned:
1.1 “Content” – all text, data, graphics, images, illustrations, designs, software, video, audio, code, documentation, and other materials displayed or made available through the Services, whether proprietary or from third parties.
1.2 “Third-Party Tools” – any external service, software, or platform integrated with, linked to, or embedded within the Services, including but not limited to Google Analytics, Facebook Pixel, Google AdSense, Google Tags, TEGNA Media Pixel, CW39 Pixel, AccessiBe, Weglot, Amelia, SwipeSimple, CareCredit, Ubersuggest, SEMRush, and social media platform tools.
1.3 “Healthcare Provider” – a licensed clinician employed by, contracted with, or otherwise affiliated with MHVI.
1.4 “User-Generated Content” – any text, images, videos, comments, data, or other materials submitted by you through any MHVI platform.
1.5 “Force Majeure Event” – any event beyond MHVI’s reasonable control, including natural disasters, pandemics, labor disputes, cyberattacks, technical failures, power outages, governmental actions, supply shortages, or other unforeseen events.
2.1 No Medical Advice. All Content provided through the Services is for general informational purposes only and does not constitute medical advice, diagnosis, or treatment.
2.2 No Formation of Provider–Patient Relationship. Your use of the Services, including communications via email, phone, community posts, or chat functions, does not create a provider–patient relationship.
2.3 Consult a Qualified Provider. You must seek the advice of a licensed healthcare provider for all medical concerns. Do not disregard professional advice or delay seeking care based on Content from the Services.
2.4 Emergency Disclaimer. If you experience a medical emergency, call 911 immediately. MHVI is not an emergency medical service provider.
2.5 Reliance at Own Risk. Any reliance on Content is solely at your own risk; MHVI disclaims all responsibility for consequences arising from such reliance.
3.1 Binding Agreement. By using the Services, you affirm that you are at least 18 years of age or a legal guardian has accepted this Agreement on your behalf.
3.2 Amendments. MHVI may amend, modify, or replace this Agreement at any time without prior notice. Continued use of the Services after updates constitutes acceptance of the modified terms.
4.1. Integration Disclaimer
The Services may incorporate, utilize, or link to third-party software, tools, plugins, platforms, and services (“Third-Party Tools”) for purposes including but not limited to analytics, user behavior tracking, payment processing, marketing, advertising, accessibility compliance, language translation, scheduling, financing options, and other operational functions. Such Third-Party Tools are provided by entities not controlled or owned by MHVI.
4.2. Data Collection, Use, and Consent
By using the Services, you expressly consent to the collection, processing, storage, transfer, and use of your data by these Third-Party Tools. You acknowledge that these entities operate under their own privacy policies and terms of use, which may differ from MHVI’s policies. MHVI strongly encourages you to review the privacy policies and terms of these Third-Party Tools before use. MHVI does not control and is not responsible for the privacy practices, security measures, or content of any Third-Party Tools.
4.3. No Liability or Warranty for Third-Party Tools
MHVI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIRD-PARTY TOOLS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT. MHVI SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES ARISING FROM OR RELATING TO YOUR USE OF OR RELIANCE UPON THIRD-PARTY TOOLS, INCLUDING BUT NOT LIMITED TO:
DATA BREACHES OR UNAUTHORIZED ACCESS;
ERRORS, OMISSIONS, OR INTERRUPTIONS IN SERVICE;
ANY ACTIONS OR OMISSIONS OF THIRD-PARTY PROVIDERS;
CHANGES, UPDATES, OR REMOVAL OF THIRD-PARTY TOOLS WITHOUT NOTICE.
4.4. Changes and Control Over Third-Party Tools
MHVI RESERVES THE SOLE AND ABSOLUTE RIGHT TO ADD, MODIFY, REPLACE, SUSPEND, OR REMOVE ANY THIRD-PARTY TOOLS OR INTEGRATIONS AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY TO YOU OR ANY THIRD PARTY. You agree that MHVI shall not be liable or responsible for any changes, interruptions, limitations, or discontinuation of any Third-Party Tools incorporated into or linked from the Services.
4.5. User Responsibility and Risk Acknowledgment
You acknowledge and agree that your use of Third-Party Tools may involve the transmission of your personal information across different jurisdictions, which may be subject to different data protection laws and regulations. You assume all risks related to the use of such Third-Party Tools and waive any claims against MHVI arising from such use.
4.6.1. Data Collection and Use
By accessing or using the Services, you expressly consent to the collection, use, storage, processing, and transfer of your personal data, including protected health information (“PHI”), by Modern Heart and Vascular Institute (“MHVI”) and its authorized third-party service providers as necessary to provide, improve, and secure the Services. This includes, but is not limited to, appointment scheduling, payment processing, communications, marketing, and analytics.
4.6.2. Compliance with Privacy Laws
MHVI commits to maintaining compliance with applicable data protection and privacy laws, including but not limited to the Health Insurance Portability and Accountability Act (“HIPAA”) for PHI, and applicable state and federal privacy regulations. However, you acknowledge that no electronic transmission or storage system can be guaranteed to be 100% secure.
4.6.3. Third-Party Privacy Policies
Your use of Third-Party Tools integrated into or accessed through the Services is subject to the privacy policies and terms of those third parties. MHVI does not control and expressly disclaims responsibility for the privacy practices, data handling, or security measures of any third-party services.
4.6.4. Data Transfer and Storage
You acknowledge that your personal data and PHI may be transferred to and stored in servers located in different jurisdictions, which may have different data protection laws than your country or state of residence. You consent to such international transfer, processing, and storage of your data.
4.6.5. User Responsibility
You agree to provide accurate and complete information when using the Services and acknowledge responsibility for maintaining the confidentiality of your login credentials and access methods. You agree to notify MHVI immediately of any unauthorized use of your account or any other breach of security.
4.6.6. Data Retention and Deletion
MHVI retains your data only as long as necessary to fulfill the purposes outlined in these Terms and in accordance with applicable laws. You may request access to, correction, or deletion of your personal data in accordance with MHVI’s Privacy Policy and applicable law, subject to any legal or regulatory retention requirements.
4.6.7. Risk Acknowledgment
You acknowledge and accept that despite MHVI’s reasonable efforts to safeguard your information, there are inherent risks in transmitting information electronically. MHVI shall not be liable for unauthorized access or disclosure of your data caused by circumstances beyond its reasonable control.
By using the Services, you expressly agree that you shall not, directly or indirectly, engage in any of the following activities:
5.1. Illegal and Harmful Conduct
Use the Services to commit, promote, or facilitate any unlawful, fraudulent, deceptive, defamatory, harassing, abusive, threatening, obscene, vulgar, hateful, discriminatory, violent, or otherwise objectionable or harmful acts or communications, including but not limited to conduct that violates any local, state, federal, or international law or regulation.
Engage in any activity that may expose MHVI, its affiliates, or other users to harm or liability of any kind.
5.2. Unauthorized Disclosure of Protected Health Information (PHI)
Transmit, post, share, or disclose any Protected Health Information (PHI) or other sensitive personal health information through unsecured or non-HIPAA-compliant channels, platforms, or methods.
You acknowledge and agree that MHVI does not authorize or endorse the use of unsecured electronic communications for transmitting PHI, and that any such transmission is solely at your own risk and responsibility.
5.3. Intellectual Property Infringement
Upload, post, transmit, or distribute any content, materials, or information that infringes or violates the intellectual property rights, copyrights, trademarks, patents, trade secrets, or other proprietary rights of MHVI or any third party.
Use the Services to engage in unauthorized copying, reproduction, distribution, public display, or creation of derivative works without appropriate authorization or licenses.
5.4. Security and System Integrity
Attempt to gain unauthorized access to, interfere with, disrupt, damage, or circumvent any security features, protections, or restrictions placed on the Services, MHVI’s systems, or any third-party networks, systems, or accounts.
Use any automated means, including but not limited to bots, scrapers, crawlers, or scripts, to access, monitor, or copy any part of the Services without MHVI’s prior written consent.
Introduce, upload, distribute, or otherwise transmit any viruses, worms, Trojan horses, ransomware, spyware, adware, malware, corrupted files, or any other malicious or harmful code, files, or programs designed to damage, disrupt, or impair the operation or security of the Services or any other user’s device or data.
5.5. Additional Prohibited Activities
Engage in any activity that interferes with or disrupts the Services, servers, networks, or other infrastructure related to the Services.
Use the Services to send unsolicited communications, spam, chain letters, phishing attempts, or other unauthorized advertising or solicitations.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
Collect or harvest any personally identifiable information from other users of the Services without their explicit consent.
Violation of any provision of this Section 5 may result in immediate suspension or termination of your access to the Services, legal action, and/or referral to law enforcement authorities. MHVI reserves the right to cooperate fully with any law enforcement investigation or subpoena in connection with any illegal or unauthorized activities.
6.1 Third-Party Processors. Payments are processed by third-party vendors (e.g., SwipeSimple, CareCredit). Disputes must be resolved directly with those processors.
6.2 Patient Responsibility. You are personally responsible for all amounts due for services, regardless of insurance coverage.
By submitting User-Generated Content, you:
Grant MHVI a perpetual, irrevocable, royalty-free license to use and distribute it for any lawful purpose;
Waive any claims for compensation or approval;
Warrant you have all rights necessary for submission.
8.1 Telehealth Risks. Telehealth services may involve technology failures or unauthorized access; you accept these risks.
8.2 Community Participation. Any information shared in MHVI communities is public within that forum and used at your own risk. MHVI disclaims responsibility for reliance on such information.
9.1. SERVICES AND CONTENT PROVIDED “AS IS” AND “AS AVAILABLE.”
MHVI makes no representations or warranties of any kind, express or implied, regarding the Services, Content, or any materials provided through or in connection with the Services. You expressly acknowledge and agree that your use of the Services and Content is at your sole risk. MHVI provides the Services on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis, without warranties of any kind, including but not limited to any warranty that the Services will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.
9.2. EXPRESS DISCLAIMERS OF WARRANTIES
MHVI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE;
ANY WARRANTY OF ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF INFORMATION, CONTENT, OR SERVICES;
ANY WARRANTY OF NON-INFRINGEMENT OR THAT USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES;
ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
ANY WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES WILL BE COMPATIBLE WITH ANY SPECIFIC HARDWARE, SOFTWARE, OR THIRD-PARTY SERVICES;
ANY WARRANTY RELATING TO THE SECURITY, PRIVACY, OR CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SERVICES.
9.3. NO MEDICAL OR PROFESSIONAL ADVICE WARRANTY
ALL MEDICAL INFORMATION, EDUCATIONAL CONTENT, AND RELATED MATERIALS PROVIDED THROUGH THE SERVICES ARE FOR GENERAL INFORMATION ONLY AND ARE NOT WARRANTED TO BE ACCURATE, COMPLETE, OR CURRENT. MHVI DOES NOT WARRANT OR GUARANTEE THAT ANY CONTENT WILL PROVIDE A SPECIFIC MEDICAL OUTCOME, DIAGNOSIS, OR TREATMENT RESULT. YOUR USE OF SUCH CONTENT IS AT YOUR OWN RISK, AND YOU SHOULD CONSULT A LICENSED HEALTHCARE PROVIDER FOR PERSONALIZED MEDICAL ADVICE.
9.4. THIRD-PARTY CONTENT AND SERVICES
MHVI MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THIRD-PARTY CONTENT, TOOLS, OR SERVICES INTEGRATED WITH OR LINKED FROM THE SERVICES, AND DISCLAIMS ANY LIABILITY FOR SUCH THIRD-PARTY MATERIALS OR SERVICES.
9.5. LIMITATION OF WARRANTIES UNDER APPLICABLE LAW
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO SOME DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
9.6. ACKNOWLEDGMENT
BY USING THE SERVICES OR CONTENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS DISCLAIMER AND AGREE THAT MHVI SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR CONTENT.
10. LIMITATION OF LIABILITY
MHVI and its affiliates, officers, directors, employees, agents, contractors, licensors, successors, and assigns (collectively, the “MHVI Parties”) shall not be liable under any legal theory for any indirect, incidental, consequential, exemplary, punitive, special, reliance, expectation, or enhanced damages, including but not limited to:
Loss of profits, revenue, business, goodwill, or anticipated savings;
Loss or corruption of data, software, or information;
Costs of substitute services or products;
Service interruptions, downtime, or business interruptions;
Personal injury (except solely if caused by MHVI’s gross negligence or willful misconduct as proven in a final court judgment);
Emotional distress, mental anguish, or psychological harm;
whether foreseeable or unforeseeable, and whether arising from contract, tort (including negligence), strict liability, statute, equity, or otherwise, even if MHVI had been advised of the possibility of such damages.
10.1.2 Aggregate Liability Cap:
The total cumulative liability of the MHVI Parties to you for any and all claims arising out of or relating to the Services, this Agreement, or your use thereof shall not exceed the greater of:
The total amount actually paid by you for the specific Services that gave rise to the claim during the six (6) months prior to the event triggering liability; or
One hundred U.S. dollars ($100) if no payments were made.
This cap applies to all claims collectively, regardless of number, cause, or legal theory.
10.1.3 Exclusive Remedy:
Your sole and exclusive remedy for any claim or dispute relating to the Services or this Agreement shall be limited to a refund or credit of amounts paid, not to exceed the aggregate liability cap.
10.1.4 Survival:
The provisions of this section shall survive termination, expiration, or cancellation of your access to the Services or this Agreement.
10.2.1. You acknowledge and agree that:
You have not relied, and will not rely, on any statements, promises, guarantees, representations, or warranties, express or implied, not expressly set forth in this Agreement, including any oral or written communications made by MHVI or its representatives prior to your acceptance of these terms.
MHVI expressly disclaims all representations and warranties outside this Agreement, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or non-infringement.
No employee, contractor, agent, or third party has authority to alter or waive any provisions of this Agreement except by a signed written agreement expressly referencing this Agreement.
10.3.1. You hereby waive any and all claims, demands, or causes of action, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, which you may have against the MHVI Parties arising out of or relating to the Services or this Agreement.
10.3.2. You expressly waive any rights or benefits under any statute, law, or principle of common law which limits the effect of a release or waiver to known claims, including but not limited to California Civil Code Section 1542 (or equivalent in other jurisdictions).
10.3.3. This waiver applies to claims arising from facts presently unknown or unsuspected at the time of your acceptance of this Agreement and includes any claims discovered after such acceptance.
10.4.1. Severability: If any provision of this section or this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
10.4.2. Governing Law: This section and Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.
11. INDEMNIFICATION
You agree to indemnify and hold MHVI harmless from all claims, damages, and expenses, including attorney’s fees, arising out of:
Your use of the Services;
Your breach of this Agreement;
Your violation of applicable law.
MHVI shall not be liable for delays or failures due to Force Majeure Events.
13.1 Arbitration. All disputes shall be resolved exclusively by binding arbitration under the AAA rules.
13.2 Class Action Waiver. You waive any right to participate in class or representative actions.
13.3 Venue. Proceedings shall occur in Harris County, Texas.
14.1 Severability. If any provision is found invalid, the remaining terms remain in full force.
14.2 Survival. All provisions that by nature should survive termination shall do so.
14.3 No Waiver. Failure to enforce any provision is not a waiver of rights.
All rights and remedies herein are cumulative and not exclusive.
This Agreement is governed by Texas law, without regard to conflict-of-law principles.
This document constitutes the entire agreement between you and MHVI and supersedes all prior understandings.
Modern Heart and Vascular Institute
18980 W Memorial Dr, Suite 100
Humble, TX 77338
Email: office@modernhvi.com
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