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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 ANY INFORMATION, DATA TOOLS,
PRODUCTS, SERVICES AND OTHER CONTENT (TOGETHER, "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 many 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 641 Huntington
Avenue, 1st Floor, Boston, MA 02115.
2. You will be bound by revised versions of this User Agreement
that PIH posts on the Site.
Modifications of this User Agreement will be effectively 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.
3. The Content may not be available for use outside of the United
States.
PIH makes no representation that any 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.
4. 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 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 on the Site is the exclusive property
of PIH and is protected by U.S. and international copyright laws. The 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 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 or the 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 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.
5. PIH is not liable for any actions taken in reliance of the
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 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. The additional disclaimers included in
the various publications available via the Site are hereby incorporated
by reference.
6. 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.
7. PIH is not responsible 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 and 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.
8. 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.
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.
9. 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; or
(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.
Date of last revision: December 8, 2006.
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