Partners In Health Legal Terms of Use

LEGAL TERMS OF USE

PLEASE READ THIS LEGAL TERMS OF USE CAREFULLY BEFORE USING THE PARTNERS IN HEALTH ("PIH") WEB SITE OR OTHERWISE ACCESSING OR DOWNLOADING ANY INFORMATION FROM THIS WEB SITE (THE "SITE"). BY ACCESSING OR USING THE SITE, YOU HEREBY ACCEPT AND AGREE TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS LEGAL TERMS OF USE (THE "USER AGREEMENT"). THIS USER AGREEMENT IS A BINDING AGREEMENT BETWEEN YOU AND PIH, AND GOVERNS YOUR ACCESS AND USE OF THE SITE, WHICH INCLUDES CONTRIBUTED CONTENT (AS DEFINED HEREIN) AND ANY INFORMATION, DATA TOOLS, PRODUCTS, SERVICES AND CONTENT OTHER THAN CONTRIBUTED CONTENT (COLLECTIVELY, "CONTENT"), AND CONTRIBUTED CONTENT, AVAILABLE ON OR THROUGH THE SITE.

BY USING THIS SITE YOU SIGNIFY THAT YOU UNDERSTAND AND AGREE TO THE FOLLOWING:

1. PIH grants you a limited right to use the Site.
PIH is a tax-exempt, non-profit organization pursuant to Section 501(c)(3) of the United States Internal Revenue Code and a registered Public Charity under the laws of the Commonwealth of Massachusetts. Our request for donations is addressed to those individuals and entities within the jurisdictions where PIH is lawfully permitted to seek your assistance. Unauthorized individuals, institutions and other entities may not act on behalf of PIH, use its property or solicit contributions without express authorization from PIH. You may not violate or attempt to violate the security of the Site. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.

It is PIH's policy to comply with all applicable laws and regulations as they may be modified from time to time. In the event that any provision of this User Agreement may be in conflict with any applicable law or regulation, the applicable law or regulation will supersede the conflicting provision.

This User Agreement and your use of this Site are and shall be governed and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without regard to its rules concerning conflict of laws. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern.

Should you have any questions concerning PIH, please feel free to contact us at info@pih.org; (617) 432-5256; or write to us at 888 Commonwealth Ave, 3rd Floor, Boston, MA 02215.

2. Contributed Content
In connection with your use of this Site, you may have occasion to upload or otherwise contribute ideas, comments, editorials, writings, communications, drawings, images, data or other types of content ("Contributed Content") to the Site.

You grant to PIH and its affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any Contributed Content that you post on or through the Site, and any ideas or original materials contained in such communications, in all media now known or hereafter developed. You waive all rights you may have to inspect and/or approve of any use by PIH or its affiliates of any Contributed Content. You waive all rights to any claim against PIH and its affiliates for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Contributed Content. You agree and understand that PIH is under no obligation to use any Contributed Content in any way whatsoever.

Contributed Content is not guaranteed by PIH as to accuracy, completeness, or usefulness, and PIH does not endorse any Contributed Content. It is the responsibility of our Site users to evaluate the accuracy, completeness or usefulness of any Contributed Content.

You agree not to upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree and acknowledge that you have the burden of determining whether any material is or is not protected by copyright. By submitting Contributed Content, you warrant that the owner of such Contributed Content has expressly granted to PIH a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Contributed Content and any ideas or original materials contained in such communications, in all media now known or hereafter developed. You also permit any other user of the Site to access, view, store or reproduce the Contributed Content for that user's personal use.

You may not post or otherwise make available on the Site any content that is illegal, obscene, threatening, defamatory, or otherwise injurious to third parties. You may not impersonate any person or entity, or otherwise mislead as to the origin of your Contributed Content. PIH has the right, but not the obligation, to monitor any content posted on our Website to determine compliance with our Terms of Service and/or to satisfy any law, regulation or government request. PIH has the right, in its sole discretion, to edit, refuse to post or remove any Contributed Content submitted to or posted on the Site including, but not limited to, content that is unlawful, threatening, libelous, defamatory, obscene, pornographic, graphic, or otherwise objectionable.

3. No Responsibility for Transmitted Material.
You acknowledge that transmissions to and from this Site are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to PIH or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and PIH other than pursuant to this User Agreement. PIH is not responsible for the payment of any monies to any party in connection with PIH’s use of any Contributed Content submitted by you to the Site.

4. You will be bound by revised versions of this User Agreement that PIH posts on the Site.
Modifications of this User Agreement will be effective immediately upon posting unless we indicate otherwise. Your use of the Site indicates your full acceptance of this User Agreement in its then-current form each time you use the Site.

5. The Content or the Contributed Content may not be available for use outside of the United States.
PIH makes no representation that any Content or any Contributed Content is appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

6. The Site is owned by PIH, its affiliates and/or third parties.
PIH owns and operates the Site and the Content provided to you via the Site. All Content and Contributed Content contained in the Site is the property of PIH, its licensors or its content contributors, and is protected by U.S. and international copyright and trademark laws. The compilation (meaning the collection, arrangement and assembly) of all Content and Contributed Content on the Site is the exclusive property of PIH and is protected by U.S. and international copyright laws. The Content and the Contributed Content on the Site may be used for your personal information only. Unless otherwise explicitly prohibited elsewhere in the Site and subject to the rights of PIH and its licensors, the Content and the Contributed Content may be freely reviewed, abstracted, reproduced or translated, provided that all copyright, trademark and other proprietary notices are included in each such use. The foregoing notwithstanding, no portion of the Site, the Content or the Contributed Content may be sold or otherwise used or distributed in conjunction with any commercial purpose, unless expressly permitted in writing by PIH, nor may you engage in systematic retrieval of Content or Contributed Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from PIH.

Partners In Health and PIH are trademarks of PIH, and the PIH logo is a United States registered service mark. All other trademarks, service marks, trade names and logos appearing on the Site are the property of their respective owners.

7. PIH is not liable for any actions taken in reliance of the Content or the Contributed Content on the Site.
To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. To the extent the Content or the Contributed Content contained on the Site contains medical or health sciences information, it is intended for professional use within the medical field by physicians and other healthcare providers. Because of rapid advances in the medical sciences, PIH recommends that practitioners undertake independent verification of diagnoses and drug dosages. IN NO EVENT WILL PIH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND REPRESENTATIVES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR CONTRIBUTED CONTENT. The additional disclaimers included in the various publications available via the Site are hereby incorporated by reference.

8. PIH is not responsible for any technological problems or any impact that they may have.
All or any portion of the Site may not be available and may not function properly at any time. We make reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. We take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception of data or communications. We make reasonable efforts to ensure that the Site is secure but we do not guarantee the security of the Site. PIH is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site. PIH is not liable for any defects, delays or errors in or resulting from your use of the Site.

9. PIH is not responsible for information on any third-party web site that is referred in, or accessible or connected by hyperlink to, the Site.
The provision via the Site of links and referrals to other web sites, publications or information resources does not constitute the endorsement of those web sites or resources by PIH, its agents or representatives. PIH makes no representations or claims as to the quality, content or accuracy of the information, services or products which may be provided by such resources, and specifically disclaims any warranties, including but not limited to, the implied or express warranties of merchantability or fitness for any particular usage, application or purpose.

You may link to the Site solely for noncommercial purposes. Notwithstanding the foregoing, PIH reserves the right to prohibit any entity from linking to its web site.

10. PIH disclaims all warranties with respect to the Site that the law allows it to disclaim.
THE UNAUTHORIZED ALTERATION OF THE CONTENT OF THIS PIH WEB SITE IS EXPRESSLY PROHIBITED. PIH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND REPRESENTATIVES SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS, ACTIONS, OR DAMAGES WHICH MAY ARISE ON ACCOUNT OF THE UNAUTHORIZED ALTERATION OF THIS WEB SITE.

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PIH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE MATERIALS CONTAINED IN THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT OR THE CONTRIBUTED CONTENT

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, OR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF PIH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

11. You will be responsible for any liability to PIH that arises out of your breach of this User Agreement or your use of this Site.
You hereby agree to indemnify, defend and hold PIH and its affiliates, its directors, officers, employees, affiliates, agents, licensors and representatives, harmless from and against any and all suits, liability, losses, damages, costs, and expenses (including reasonable attorneys' fees) that arise from or relate to:

(i) your use of the Site;

(ii) your breach of your obligations under this User Agreement or any representation, warranty or covenant made by you in this User Agreement;

(iii) your violation of any applicable law, statute, ordinance, regulation or of any third-party's rights;

(iv) claims asserted by third parties which, if proven, would place you in breach of the representations, warranties, covenants or other provisions contained in this User Agreement; or

(v) your Contributed Content and PIH's use of the same, including, without limitation, any and all suits, liability, losses, damages, costs, and expenses (including reasonable attorney’s fees) that arise from or relate to any claim the Contributed Content violates the intellectual property rights of any third party.

12. Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement
If you believe that any material on this Site infringes upon any copyright which you own or control, or that any link on this Site directs users to another Site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Notifications of claimed copyright infringement must be sent to PIH's Designated Agent for notice of claims of copyright infringement. Our Designated Agent may be reached as follows:

Designated Agent:
Kristin Nelson
Address of Designated Agent:
888 Commonwealth Ave, 3rd Floor
Boston, MA 02215

E-mail Address of Designated Agent:
legalnotice@pih.org

 

Date of last revision: January 7, 2010.