COPYRIGHT AND LIMITATIONS ON USE.
“The Partnership for Healthcare Excellence” is a trademark of the Partnership in the United States. The Partnership’s trademarks may not be used in connection with any product or service which is not the Partnership’s, in any manner likely to cause confusion among customers or in any way that disparages or discredits the Partnership. Other trademarks that appear on the Site are the property of their respective owners.
The Site includes facts, views, opinions and recommendations of consultants, individuals and organizations deemed of interest. The Partnership and its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions and recommendations.
Certain areas of the Site may enable you to access online forums where you can post messages and read messages posted by other users (the “Forums”) in response to blogs posted on the Site (the “Blogs”). The Partnership does not endorse, and specifically disclaims any responsibility or liability for, any content posted on the Forums. The Forums are a free service provided to users of the Site. By posting or reading a message in the Forums, you agree to be bound by the following terms and conditions. If you do not want to be bound by these terms, then do not use the Forums.
You must abide by the following rules in connection with your use of the Forums:
- You agree to post only messages that relate to the subject matter of the Forums.
- You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- You agree not to impersonate any person or entity, including, for example, a Partnership employee or officer or a Blog author, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You agree not to post messages that contain material that is inappropriate, profane, defamatory, infringing, obscene or indecent. This includes any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You agree to give attribution to others when you quote or paraphrase materials owned by others, and to limit your quotations to no more than 50 words.
- You agree not to upload files, or cause users to upload files, that contain viruses, corrupted files or any other similar software or programs that may adversely affect the operation of another's computer.
- You agree not to advertise or promote any goods or services in the Forums. This includes, among other things, “junk mail”, “spam”, “chain letters” and “pyramid schemes.”
- You agree not to conduct contests or distribute chain letters through the Forums.
- You agree not to violate any applicable local, state, national or international law in connection with your use of the Forums. This includes, among other things, any securities law or regulation.
By posting a message, uploading a file or engaging in any other form of communication through a Forum, you are granting the Partnership a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, display, perform, sublicense, create derivative works based upon, transfer and sell any such messages, files or communications.
You agree to indemnify and hold the Partnership and its affiliates and their respective officers, directors and employees harmless from any claims, damages, losses or costs (including reasonable attorney’s fees) that arise out of any of your postings and any material contained therein.
DISCLAIMER OF WARRANTIES AND LIABILITY.
Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Site. THE CONTENT AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. THE PARTNERSHIP AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATION WITH RESPECT TO OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SITE, OR THE SITE ITSELF, AND THE PARTNERSHIP HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES. NEITHER THE PARTNERSHIP NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SITE AND ANY CONTENT ON THE SITE. IN NO EVENT WILL THE PARTNERSHIP, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE SITE. THE PARTNERSHIP AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES (NOT TO EXCEED US $1,000.00), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LINKS TO THIRD PARTY SITES.
This Site may contain hyperlinks to sites operated by persons other the Partnership. Such hyperlinks are provided for your reference and convenience only and do not mean that the Partnership endorses the content on or the operators of these sites. You agree not to hold the Partnership responsible for the content or operation of such sites. You are solely responsible for determining the extent to which you may use any content at any other sites to which you might link from this Site.
US GOVERNMENT END USERS.
The software and documentation available on this Site are “commercial items,” as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.
SUBMISSIONS VIA EMAIL.
If you submit any business information, idea, concept or invention to the Partnership by e-mail, you automatically grant – or warrant that the owner of such content or intellectual property has expressly granted – the Partnership a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Partnership may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Partnership by email.
GOVERNING LAW AND JURISDICTION.
This Site is owned and operated by the Partnership from its offices in Massachusetts. Your use of this Site, and any related legal action, shall be governed by the laws of The Commonwealth of Massachusetts, without regard to conflict of laws principles. The sole jurisdiction and venue for any litigation arising out of your use of or inquiries to the Site shall be an appropriate federal or state court located in The Commonwealth of Massachusetts.
ADDITIONAL LEGAL TERMS.
©2010 The Partnership for Healthcare Excellence, Inc. All rights Reserved.
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