Important Note Regarding Site Content
The information and content (collectively, “Content”) on this Site is for your general educational information only. The Content cannot, and is not intended to, replace any relationship that you have with health care professionals. The Content on this Site should not be considered medical advice and is not intended as medical advice. If you are experiencing a medical emergency, you should not rely on any information on this Site and should seek appropriate emergency medical assistance, such as calling “911” or the equivalent for the emergency services. You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the Content on this Site represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. Use of our Content provided at this site, pih.org (“Site”) is solely at your own risk.
This Site (including all Content posted on this Site) was prepared by and for Partners In Health (“PIH”) and certain content is being made available publicly for informational purposes only, in the context of a public health emergency related to COVID-19 and in connection with the state of emergency declared by the Governor of the Commonwealth of Massachusetts and the Secretary of the U.S. Department of Health and Human Services. It is based on pertinent published medical literature, national and state guidelines, and/or expert consensus, which continues rapidly to evolve relative to COVID-19. It is neither an attempt to substitute for the practice of medicine nor as a substitute for the provision of any medical professional services. Furthermore, the Content is not meant to be a substitute for medical professional advice, diagnosis, or treatment. You assume full responsibility for using this information and understand and agree that Partners In Health is not responsible or liable for any errors or omissions or for any claim, loss or damage resulting from the use of this information. This Site may contain third-party materials and/or links to third-party materials and third-party websites for your information and convenience. Partners In Health is not responsible for the availability, accuracy, or content of any of those third-party materials or websites nor does it endorse them. Prior to accessing this information or these third-party websites you may be asked to agree to additional terms and conditions provided by such third parties which govern access to and use of those websites or materials.
THE CONTENT HAS NOT BEEN REVIEWED OR APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION OR ANY OTHER AGENCY AND IS MADE AVAILABLE FOR EDUCATIONAL PURPOSES. THE CONTENT IS PROVIDED “AS IS” AND MUST NOT BE USED TO MAKE A CLINICAL DIAGNOSIS OR REPLACE OR OVERRULE A LICENSED HEALTH CARE PROFESSIONAL’S JUDGMENT.
1. Agreement and Terms
These Terms constitute a legally binding agreement between you, the person using this Site, and PIH (the “Agreement”). If you are helping another person use this Site, these Terms constitute a legally binding agreement between both the helper and the person being helped and PIH. Please read these Terms carefully before you start to use our Site.
By using this Site, you agree to the most-recent Terms as well as the most-recent version of our privacy policies. We may change these Terms at any time, and such changes will be posted on this or a similar page of this Site. It is your responsibility to review these Terms each time you use this Site. By continuing to use this Site, you consent to any changes to our Terms.
We regularly monitor our systems for security purposes. By using this Site, you acknowledge and agree that any activity on this Site may be subject to such monitoring, and that PIH may use the results of this without limitation, subject to applicable law.
2. License to Use This Site and Content Ownership
Subject to these Terms, PIH grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content on the Site. You may also print a reasonable number of copies of the Content for your personal use, but in such case, you must reproduce all proprietary copyright and trademark notices. All rights, title and interest in and to the Site, including the Content, and all intellectual property rights, including any and all copyright, trademark, patent and trade secret rights therein shall remain with PIH and our respective licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the Site, granting the foregoing licenses or entering into this Agreement. The logo, electronic products and services are provided without warranties of any kind, express or implied, including without limitation, warranties of title or non-infringement.
In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “feedback messages”) will be considered non-personal, non-confidential (except for personal information as described in our privacy policies) and nonproprietary. You hereby grant the PIH a perpetual, sub licensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your feedback messages, in whole or in part, and including all intellectual property rights therein.
Some portions of the Site may include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.
We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license, you must stop using this Site, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.
3. Restrictions on Use of This Site
- Not to use this Site or Content in any way not explicitly permitted by these Terms or the text of the Site itself;
- Not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use, provided that you reproduce all proprietary copyright and trademark notices;
- Not to misrepresent your identity or provide us with any false information in any information-collection portion of this Site, such as a donation, registration or application page;
- Not to take any action intended to interfere with the operation of this Site;
- Not to access or attempt to access any portion of this Site to which you have not been explicitly granted access;
- Not to share any password assigned to or created by you with any third parties or use any password granted to or created by a third party;
- Not to directly or indirectly authorize anyone else to take actions prohibited in this section;
- To comply with all applicable laws and regulations while using this Site or the Content; and
4. CHANGES TO SITE CONTENT.
We may change, add or remove some or all of the Content on this Site at any time. In addition, please note that although our goal is to provide accurate information, certain features that may be offered through this Site, may not be accurate or up to date. In addition, please note that features described in this Site may change over time as permitted by law.
6. NO WARRANTIES.
All Content on this Site is provided to you on an “as is,” “as available” basis. To the extent permitted by applicable law, PIH, all third parties, if any, providing Content for this Site, and all third parties providing support or information for this Site (collectively, “Site-related-parties”) hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
To the extent permitted by applicable law, the Site-related-parties make no warranty as to the accuracy, completeness, timeliness, correctness, or reliability of any Content available through this Site. Without limiting the foregoing, the Site-related-parties specifically do not represent or warrant that any information provided via the Content or the Site is accurate or complete. To the extent permitted by applicable law, the Site-related-parties make no representations or warranties that use of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the technology that makes it available are free of viruses or other harmful components. You are responsible for taking all precautions necessary to ensure that any Content you may obtain from this Site is free of viruses and any other potentially destructive computer code.
Some jurisdictions do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.
7. LIMITATION OF LIABILITY AND INDEMNIFICATION.
You agree that none of the Site-related-parties shall be liable for any damage resulting from your use or inability to use this Site or the Content save that nothing in these Terms excludes or limits liability for death or personal injury arising from a Site-related-party’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers the Site-related-parties, including all affiliates, and their officers, directors, employees, and agents. This protection covers all losses including, to the extent permitted by applicable law, without limitation, direct or indirect, special, incidental, consequential, exemplary, and punitive damages, lost profits, or damages resulting from lost data or business interruption. The total, cumulative, liability of the Site-related-parties, including all affiliates, and their officers, directors, employees, and agents, if any, for losses or damages shall be limited to an amount equivalent to and not to exceed U.S. $100.00. The limit of liability may not be effective in some jurisdictions. In no event shall the Site-related-parties, including all affiliates, and their officers, directors, employees, and agents, be liable to you for any losses or damages other than the amount described above. All other damages, direct or indirect, special, incidental, consequential, exemplary, or punitive, resulting from any use of the Site or Content are excluded even if the Site-related-parties have been advised of the possibility of such damages. You agree that you use this Site at your own risk. If you are dissatisfied with this Site or the Content, your sole and exclusive remedy is to discontinue using the Site.
You agree to indemnify, defend, and hold PIH (and its affiliated companies, contractors, employees, director, officers, agents, and suppliers, licensors and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (i) your use or misuse of any provided information or the Site generally; (ii) any violation of the rights of any other person or entity by you; (iii) any breach or violation by you of this Agreement. PIH reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
8. GOVERNING LAW; MISCELLANEOUS.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law.
Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Notices. We may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Site. You must provide notice to us by email or regular mail using the information in Section 9 below.
Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification, as well as any other provisions which by their nature are intended to survive expiration or termination of this Agreement, do and hereby survive any expiration or termination of this Agreement or any termination of your use of access to the Site.
Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation”. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both you and us, or by a change to this Agreement or the Guidelines.
CLAIMS. YOU AND PIH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
9. CONTACT INFORMATION; ADDITIONAL TERMS.
Contact Us. To contact us regarding these Terms or the operation of the Site itself, contact us at email@example.com.
Effective Date. The effective date of these Terms is March 19, 2021.
Additional Terms. Your obligations under the following sections survive termination of this Agreement: Important Note Regarding Site Content; Agreement And Terms; Portions Of License To Use This Site And Content Ownership; Restrictions On Use Of This Site; Posting Messages, Comments Or Content; Changes To Site Content; Links; No Warranties; Limitation Of Liability; Governing Law And Claims, Statute Of Limitations; Additional Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend and indemnify, Site-related-parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of this Agreement or your use or misuse of the Content or Site. You may not transfer or assign any rights or obligations under this Agreement. PIH may transfer or assign its rights and obligations under this Agreement.
Partners In Health, 800 Boylston St., Suite 300, Boston, MA 02199 USA
t: 1.857.880.5100 f: 1.857.888.5114 www.pih.org