By subscribing to America’s Essential Hospital’s website and online services (the “Site”), you agree to the following terms and conditions of access and use of the Site. Please review the following terms and conditions carefully. By selecting “I Agree” below, or by using the Site, you agree that you have read, understand, and agree to be bound by the following:
Acceptance of Agreement. These terms and conditions (the “Agreement”), as well as our Privacy Policy, which is incorporated herein, constitute a legally binding agreement between America’s Essential Hospitals and you. This Agreement represents the entire and only agreement between you and America’s Essential Hospitals regarding the subject matter hereof, and any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter of this Agreement are superseded. This Agreement may be amended at any time and for any reason by us without notice to you. By continuing to use this Site, you agree to be bound by any such revisions and should therefore periodically visit the Site and print the latest version of the Agreement for your records. The latest version of this Agreement will be posted on the Site.
Account, Password, and Security. Upon registration with the Site, you will receive a username, password, and account designation (an “Account”). You agree that any registration information you give to America’s Essential Hospitals will always be correct and current. You agree to keep your password confidential so that no one else may access your Account and to notify America’s Essential Hospitals immediately upon discovering any loss, theft or unauthorized use of your Account.
Copyright. The content, organization, graphics, design, information, data, compilation, magnetic translation, digital conversion and all other matters related to the Site, including without limitation, the “look and feel” of this Site (collectively, the “Content”), are the property of America’s Essential Hospitals or our affiliates or content providers. You don’t have the right to use, copy, distribute, display, publish, transmit or create derivative works of any Content on this Site except as expressly granted in the “Limited Right to Use” section of this Agreement.
Trademarks. All trademarks and tradenames used on this Site, including but not limited to America’s Essential Hospitals, are trademarks or registered trademarks of America’s Essential Hospitals or its affiliates or other third parties. The copying, redistribution, use or publication by you of any such marks, except as expressly granted in the “Limited Right to Use” section of this Agreement, is strictly prohibited.
Limited Right to Use. You may view, print or download any Content from the Site so long as such activity is for your own personal and non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not modify, copy, transmit, display, perform, reproduce, redistribute, license, publish, distribute, assign, sublicense, sell, put to any commercial use, create a derivative work from or make other use of the Content of this Site without written permission from America’s Essential Hospitals or the rightful intellectual property owner. No part of any Content accessible at this Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. The foregoing does not apply to your Content that you legally post on the Site, which is governed by the “User-Submitted Content” section of this Agreement.
User-Submitted Content. You retain copyright and any other rights you already hold in any Content that you submit, post or display on or through the Site. By submitting, posting or displaying Content, you automatically grant to America’s Essential Hospitals, or warrant that the owner of such Content has expressly granted to America’s Essential Hospitals, a royalty-free, worldwide, perpetual, irrevocable, assignable, non-exclusive right and license to use, publish and display such Content on the Site and to reproduce, adapt, modify, translate and distribute such Content. You also permit any other authorized user of the Site (“User”) to access or view such Content in connection with that User’s use of the Site.
Code of Conduct. You agree that your use of the Site, including use of any e-mail services, bulletin board services, chat areas, newsgroups, and/or other message or communication facilities made available to you to communicate with others, will comply with the terms of this Agreement and any applicable law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising). You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or any network associated with the Site or interfere with any other User’s use or enjoyment of the Site. By way of example only, you agree that:
- You will not upload or subject this Site to any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, corrupted files, malicious code or other similar software or programs that may damage or detrimentally interfere with the operation of another’s computer or property of another or that may surreptitiously intercept or expropriate any system, data or personal information;
- You will not cause America’s Essential Hospitals to lose (in whole or in part) the services of its ISPs or other suppliers;
- You will not modify or alter any part of this Site, including, without limitation by (i) providing a link directly or indirectly to any other site from this Site or (ii) modifying or altering any Content on this Site;
- You will not attempt to gain unauthorized access of this Site, any computer system or network connected to or affiliated with this Site, whether through hacking, password mining or any other means;
- You will not use the Site to conduct or forward surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- You will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- You will not publish, post, upload, distribute or disseminate any Content that is inappropriate, profane, defamatory, obscene, indecent, or embarrassing to any other person or entity;
- You will not publish, post, upload, distribute or disseminate any Content that incites discrimination, hate or violence towards a person or a group;
- You will not upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;
- You will not advertise or offer to sell or buy any goods or services for any business purpose;
- You will not download any file posted by another User of the Site that you know, or reasonably should know, cannot be legally distributed in such manner;
- You will not harvest or otherwise collect information about others, including e-mail addresses.
You agree to maintain the privacy of any information exchanged through this Site, whether you directly disclose information through tools on this Site, contact parties met during, prior to, or as a result of using the Site, or otherwise disclose said information to any third party. You agree to use any and all information that is disclosed to you only as it was intended by the disclosing User. You agree that you will not submit any Content that contains personally identifiable information (including but not limited to name, phone number or email address) of another person without the consent of that person, and you specifically warrant that any information you disclose in connection with the Site will comply with all applicable Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) requirements for protecting medical privacy. You are liable for the consequences of any inappropriate disclosure.
Privacy Policy. As a User of the Site, you are subject to the America’s Essential Hospitals Privacy Policy, which is incorporated into this Agreement by reference. By accessing the Site, you acknowledge that you have read and agree to the America’s Essential Hospitals Privacy Policy.
Rights of America’s Essential Hospitals. America’s Essential Hospitals has no obligation to monitor your use of the Services, but may do so in its sole discretion. America’s Essential Hospitals may immediately remove your Content from the Site or America’s Essential Hospitals’ servers, in whole or in part, for any reason, including if America’s Essential Hospitals, in its sole and absolute discretion, determines that the Content infringes the proprietary rights of a third party, violates any of the terms of this Agreement, or is otherwise objectionable. America’s Essential Hospitals reserves the right, in its sole discretion and judgment, and without liability of any kind to you, to terminate your Account and your access to the Site for any reason, at any time, without notice.
Third-Party Content. You acknowledge that America’s Essential Hospitals may provide access to content supplied by third parties and other Users, including links to other Web sites. You acknowledge that America’s Essential Hospitals has no editorial control over such content. Any opinions, advice, statements, services, offers, diagnoses or other information or content expressed or made available by third parties, including other Users, are those of the respective author(s) or distributor(s) and not of America’s Essential Hospitals. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site and to seek the advice of professionals and other sources, as appropriate, regarding the evaluation of any specific information, opinion, advice, diagnosis, treatment recommendation or other content. Inclusion of any link to any Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access third-party sites, you do so at your own risk.
Indemnification. You agree to indemnify, defend and hold harmless America’s Essential Hospitals and its officers, directors, consultants, employees, agents, partners, promoters, co-branders, licensors, suppliers, sponsors, affiliates and other representatives from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal, attorney, and accounting fees, resulting from, or alleged to result from (a) your violation of this Agreement; (b) use of this Site by you or any other person accessing this Site using your Account, including but not limited to any claim that your use of the Site resulted in medical malpractice, the unauthorized practice of medicine, or breaches of confidentiality; (c) your violation of the rights of any third parties, including but not limited to intellectual property rights; and (d) Content submitted, posted, transmitted or made available through your use or connection to this Site. This section will indefinitely survive the termination of this Agreement and your use of the Site.
Warranty Disclaimer and Limits of Liability.
ALL INFORMATION AND SERVICES PROVIDED FROM, AT OR THROUGH THIS SITE ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” TO THE MAXIMUM EXTENT PROVIDED BY LAW. AMERICA’S ESSENTIAL HOSPITALS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, ACCURACY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND CONTENT PROVIDED AT THIS SITE MAY CONTAIN ERRORS, INACCURACIES OR OTHER LIMITATIONS. AMERICA’S ESSENTIAL HOSPITALS DOES NOT GUARANTEE THAT USE OF THE SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES, INCLUDING BUT NOT LIMITED TO UNAVAILBILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS, AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS. AMERICA’S ESSENTIAL HOSPITALS SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR ANY INFORMATION OR CONTENT PROVIDED AT THIS SITE.
IN ADDITION, IN NO EVENT SHALL AMERICA’S ESSENTIAL HOSPITALS OR ANY OF ITS OWNERS, CONSULTANTS, EMPLOYEES, SUPPLIERS, SPONSORS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THIS SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AMERICA’S ESSENTIAL HOSPITALS IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. IN NO EVENT IS AMERICA’S ESSENTIAL HOSPITALS LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY’S ACTS OR OMISSIONS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
YOU ACKNOWLEDGE THAT THIS SITE AND THE CONTENT PROVIDED AT THIS SITE WOULD NOT BE PROVIDED WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION. IN NO EVENT WILL AMERICA’S ESSENTIAL HOSPITALS ‘S TOTAL CUMULATIVE DAMAGES EXCEED US$100.
Limitations on Information. Reliance on the Contents of this Site for any purpose by you is at your sole risk. All Content included on this Site is advisory only. America’s Essential Hospitals is not responsible for any errors of any kind (typographical or otherwise). The Contents of this Site are not intended to substitute your own clinical judgment as a health care professional. Prior to undertaking any treatment or counseling based on the Contents of this Site, you should always exercise your professional judgment and confirm the truthfulness and reliability of said Contents with sources not related to this Site.
No Data Storage/Shared Server. This Site is not a tool for storing or preserving User Content. America’s Essential Hospitals expressly disclaims any liability for lost or deleted Content, including User Content. You acknowledge that, given inherent risks of the internet, there is no assurance that Content will be kept confidential, and there is no assurance that Content will not be lost or deleted.
Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Assistant Vice President of Communications the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
CONTACT:
America’s Essential Hospitals
Attn: Senior Director of Communications
401 Ninth St. NW, Suite 900
Washington, DC 20004
Phone: (202) 585-0102
E-mail: info@essentialhospitals.org
We suggest that you consult with your legal counsel and/or 17 U.S.C. § 512(c)(3)(A) to determine specific elements of a claim. Similarly, if you feel your work does not infringe a copyright of another, you may file a counter-notification with us pursuant to 17 U.S.C. § 512(g)(3).
Information and Press Releases. The Site may contain information about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.
Miscellaneous. You agree that this Agreement shall be treated as though it were executed and performed in Washington, DC (the “District”), and shall be governed by and construed in accordance with the laws of the District (without regard to conflict of law principles). You also consent and submit to the jurisdiction of the local and federal courts located in the District, and waive any defense of forum non conveniens (i.e., not a convenient court). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred, and all actions shall be subject to the limitations set forth in this Agreement.
America’s Essential Hospitals and this Site are based in the United States of America. America’s Essential Hospitals makes no claims that the content is appropriate or may be downloaded outside of the United States, or that America’s Essential Hospitals’ practices and policies will comply with the laws of other countries or states. Access to the content may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
Should any part of this Agreement be held invalid or unenforceable, the remaining portions of this Agreement shall remain in full force and effect.
To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall control.
Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.
This Agreement shall inure to the benefit of, and shall be binding upon, the parties and their respective permitted successors, assigns, heirs and legal representatives. You may not assign this Agreement or any of its obligations hereunder without the prior written consent of America’s Essential Hospitals. America’s Essential Hospitals may assign its rights under this Agreement to any party at any time without notice to you.
Questions; Comments. Questions or comments regarding this Site should be directed by e-mail to info@essentialhospitals.org.
We hope that you enjoy your visit and find our Site informative. Thank you.