1. Restrictions on Use and Ownership.
All
pages within this Web site and any material made available for
download (collectively the Site) are the property of CareGroup
Healthcare Systems ("CareGroup") and/or its subsidiaries
and affiliates. The content on the Site is provided for informational
purposes only.
CareGroup
hereby grants you a nonexclusive license to use the Site solely
for your personal, non-commercial use and not to use the Site
to obtain materials, data, or information for purposes of gaining
a competitive advantage. As a condition of your use of this
Site, you warrant to CareGroup that you will not use the Site
for any purpose that is unlawful or 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
contents of the Site, including the text, images, audio, and
video, are copyrighted and may not be distributed, modified,
reproduced, or used, in whole or in part, without the prior
written consent of CareGroup, except that you may download content
from the Site to any single computer for your personal, non-commercial
use only, provided you keep intact all copyright, trademark,
and other proprietary notices and comply with any applicable
end user license agreements. For purposes of these Terms and
Conditions, any use of these materials on any other Web site
or networked computer environment for any purpose is prohibited.
Persons
viewing this site may not make copies of any of the 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.
Any
rights not expressly granted by these Terms and Conditions or
any applicable end user license agreements are reserved by CareGroup.
2.
Trademark Notice.
CareGroup,
www.CareGroup.org, and www.bidmc.caregroup.org, www.nebh.caregroup.org,
www.waltham.caregroup.org, www.glover.caregroup.org, www.nashoba.caregroup.org, www.mountauburn.caregroup.org,
are the trademarks and servicemarks of CareGroup. All other
trademarks, service marks and logos used in this Site are the
trademarks, service marks or logos of their respective owners.
3.
Procedure for Making Claims of Copyright Infringement.
In
accordance with the Digital Millenium Copyright Act (17 U.S.C.
§ 512), CareGroup is registered with the United States Copyright
Office as a Service Provider. Any notifications of claimed
copyright infringement must be sent to Leslie Joseph, Esq.,
375 Longwood Ave., Boston, MA. 02245
4.
No Medical Advice.
This
Site does NOT provide Medical Advice! Nothing you learn
on this Site can be considered as medical advice. The information
you obtain from this Site might be inappropriate for your own
situation, or might be misinterpreted. CareGroup 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. For advice about your
own situation, ask your doctor!
5.
Warranty Disclaimer.
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. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY CAREGROUP OR CAREGROUP’S AUTHORIZED REPRESENTATIVES
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
THIS WARRANTY.
6.
Limitation of Liability.
CAREGROUP
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. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7.
Accuracy and Integrity of Information.
Although
CareGroup attempts to ensure the integrity and accurateness
of the Site, it makes no guarantees whatsoever as to the correctness
or accuracy of the Site. 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 CareGroup so that it can be
corrected. Information contained on the Site may be changed
or updated without notice.
8.
Confidential and Proprietary Information/Visitor Submissions.
CareGroup
does not want to receive confidential or proprietary information
from you through the Site. Please note that any information
or material sent to CareGroup through the Site, including e-mail
and all data, images, sounds, text, and other things embodied
therein, (collectively "Communications") will be deemed
NOT to be confidential. By sending CareGroup any Communications,
you grant CareGroup an unrestricted, irrevocable, world-wide,
royalty free license to use, reproduce, display, perform, modify,
transmit, and distribute those Communications in and on all
media now known or later developed, and you also agree that
CareGroup is free to use any ideas, concepts, know-how, or techniques
that you send us for any purpose.
9.
Visitor Chat Rooms and Other Interactive Areas.
CareGroup
may, but is not obligated to, monitor or review any areas of
the Site where visitors transmit or post Communications or communicate
solely with each other, including, but not limited to, chat
rooms, bulletin boards, and other user forums, and the content
or any such Communications. CareGroup, however, will have no
liability related to the content of any such Communications,
whether or not arising under the laws of copyright, libel, privacy,
obscenity, or otherwise. CareGroup retains the right to remove,
in its sole discretion, Communications that include any material
deemed abusive, defamatory, obscene, or otherwise inappropriate.
10.
Links or Pointers to Other Sites.
CareGroup
makes no representations whatsoever about any other Web site
that you may access through this Site. When you access a non-CareGroup
site, please understand that it is independent from CareGroup,
and that CareGroup has no control over the content on that Web
site. In addition, a hyperlink to a non-CareGroup Web site
does not mean that CareGroup 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.
Hyperlinks to This Site.
Persons
constructing other Web sites may of course link to any of the
pages on this Site. However, you may not copy any of the materials
from this Site onto your own Web server for any reason. Also,
you may not link to isolated elements on this Site (including
photographs, illustrations, diagrams, buttons, text, or any
other elements whatsoever) for the purpose of "inlining"
them into the context of other Web pages, or for linking such
isolated elements to other Web pages. In other words, link to
entire pages on this Site, or don’t link at all. Any other use
will be a violation of copyright and could subject you to legal
action.
12.
Caching.
Web
mirror sites, and commercial online services, may request written
permission to cache this entire Site to their hard drives for
the purpose of enabling people to access it more easily or view
it more rapidly. Note, however, that under no circumstances
will they be granted the right to copy parts of the Site piecemeal,
but only to copy the entire Site, preserving all the interior
and exterior links, and not employing any of the materials out
of their original context. For permission to "mirror"
the site, please send e-mail describing your request.
13.
Choice of Law and Venue.
These
Terms and Conditions are entered into in the State of Massachusetts
and shall be governed by and construed in accordance with the
laws of the State of Massachusetts, exclusive of its choice
of law rules. Each party to these Terms and Conditions 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 attorneys fees. 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.
14.
Entire Agreement.
These
Terms and Conditions constitute the entire agreement between
CareGroup and you pertaining to the subject matter hereof.
In its sole discretion, CareGroup 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. Certain provisions of these Terms and
Conditions may be superseded by expressly designated legal notices
or terms located on particular pages within this Site.
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