Web Site Terms and Conditions of Use
Last revised February 15, 2018
These terms and conditions of use (“Terms and Conditions”) govern your use of our online interfaces and properties (e.g., websites) owned and controlled by the New England Baptist Hospital (“NEBH”), and all material available for download (collectively, the “Site”).
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE WAIVING YOUR RIGHT TO BRING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AGAINST NEBH. ACCORDINGLY, YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST NEBH ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
NEBH subscribes to the HONcode principles of the Health On the Net Foundation.
1. Restrictions on Use and Ownership.
All pages within this Site and any material made available for download are the property of NEBH and/or its licensors, suppliers, subsidiaries, and affiliates, as applicable.
You may use this Site solely for your personal, non-commercial use. As a condition of your use of this Site, you warrant to NEBH that you will not use the Site for any purpose that is unlawful or is otherwise prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) are copyrighted and may not be distributed, modified, reproduced, published, or used, in whole or in part, without the prior written consent of NEBH, except that you may download content from the Site to any single computer for your personal, non-commercial use only. Persons viewing this site may not make copies of any of the Content or other materials on it for any purpose, with the sole exception of the automatic copies that your Web browser may make to a temporary cache on your computer's hard drive for ordinary private viewing purposes. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of NEBH without our express written consent.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by NEBH. NEBH reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice.
2. NEBH Name and Trademark
New England Baptist Hospital, the NEBH logo, and other names, logos, icons and marks identifying NEBH’s products and services are trademarks and/or service marks of NEBH and may not be used by third parties without the prior written permission of NEBH. Other products or company information referenced herein are trademarks of their respective owners.
3. Procedure for Making Claims of Copyright Infringement.
We disclaim any responsibility or liability for copyrighted materials posted on our Site. NEBH complies with the Digital Millennium Copyright Act (DMCA). We will respond promptly to notices of alleged infringement that are reported and sent to: Adria Warren, Esq., Foley & Lardner, LLP, 111 Huntington Avenue, Boston, MA 02199.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements:
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
4. No Medical Advice.
This Site does NOT provide Medical Advice! The content on this Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is provided for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, treatment, or recommendations of any kind. NEBH assumes no responsibility for how you use the information you obtain from this Site. Also, please note that although we strive to keep our information up to date, medical information changes rapidly, and some information may be out of date. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. NEBH does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be included on the Site. Reliance on any information appearing on the Site, whether provided by NEBH, its content providers, its clients, visitors to the Site, or others, is solely at your own risk. For advice about your own medical conditions or treatment, ask your doctor!
5. Site Access, Security and Restrictions; Passwords.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which the you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms and Conditions or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. NEBH will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by NEBH. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by NEBH at any time with or without cause. You agree to defend, indemnify and hold NEBH harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by NEBH arising out of your breach of these Terms and Conditions or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.
6. Warranty Disclaimer.
NEBH DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. NEBH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. NEBH DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
7. Limitation of Liability.
NEBH AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF NEBH TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
8. Accuracy and Integrity of Information.
Although NEBH attempts to ensure the integrity and accurateness of the Site, it makes no representations or guarantees whatsoever as to the accuracy, reliability, completeness or correctness, timeliness, quality or usefulness of the Site and Content, including any opinions, advice, services, merchandise or other information provided through the Site or on the internet generally. In no event will NEBH be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the website. You acknowledge that any reliance upon the information or materials is at your own risk. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform NEBH so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, NEBH shall have no responsibility or liability for information or Content posted to the Site from any non-NEBH affiliated third party.
9. Donation Acceptance
You can make donations to NEBH on the Site. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, NEBH may obtain preapproval for an amount up to the amount of the donation. If you enroll to make recurring donations automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card, or if there is a change in your credit card, you must contact the Office of Philanthropy: send an email to Philanthopy@nebh.org, call 617-754-6880, or send a letter to the Office of Philanthropy, New England Baptist Hospital, 125 Parker Hill Avenue, Boston, MA 02120. This may temporarily delay your monthly donation while we verify your new payment information.
You represent and warrant that if you are making online payments that (a) any credit card, debit card, and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a donation or other transaction with the relevant credit card and credit card information.
We reserve the right, at our sole discretion, to refuse or cancel any donation for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. You will not be charged until your payment method is authorized and the donation information is verified for accuracy. Some situations that may result in your donation being canceled include problems identified by our credit and fraud avoidance team. We may also require additional verifications or information before accepting any donation. We will contact you if all or any portion of your donation is canceled or if additional information is required to accept your donation. If your donation is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
10. Links or Pointers to Other Sites.
NEBH makes no representations whatsoever about any other Web site that you may access through this Site. When you access a non-NEBH site, please understand that it is independent from NEBH, and that NEBH has no control over the content on that Web site. In addition, a hyperlink to a non-NEBH Web site does not mean that NEBH endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
11. Dispute Resolution.
You agree that any claim or dispute relating to the NEBH website or your use or reliance on this website shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, exclusive of its choice of law rules. Each party agrees to be bound by and submits to the exclusive jurisdiction of the state and federal courts sitting in Boston, Massachusetts, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and reasonable attorney’s fees. You and NEBH agree that any claim, action, or proceeding arising out of or relating to these Terms and Conditions must be brought in your individual capacities, and not as plaintiffs or class members in any class, collective, or representative proceeding. A court may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, collective, or representative proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND NEBH ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
12. Entire Agreement; Revisions.
These Terms and Conditions constitute the entire agreement between NEBH and you pertaining to the subject matter hereof. In its sole discretion, NEBH may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms and Conditions shall constitute your agreement to the revised Terms and Conditions. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.