STANFORD HEART NETWORK - TERMS OF USE POLICY
1. Online Service Program.
The Board of Trustees of the Leland Stanford Junior University, through the Stanford Heart Network, a research, demonstration and education program of the Stanford Prevention Research Center located at the Stanford University School of Medicine ("SHN"), is conducting a demonstration project (the “Project”) by making available certain information and tools relating to cardiovascular health and lifestyle habits through its then current web site (the "SHN Web Site") to businesses, institutions, facilities, and organizations (the "MEMBERS"), which in turn, make the SHN Web Site available to their members, employees, patients, clients and/or other end users (the "PARTICIPANTS" or, where applicable, "You"). As part of such Project, SHN gathers information from MEMBERS and/or PARTICIPANTS in their participation in the Project and their use of the SHN Web Site and SHN uses that information for purposes of evaluating the effectiveness of the Project. THIS STANFORD HEART NETWORK TERMS OF USE POLICY (this "Policy") is the agreement between SHN and You governing Your use of the SHN Web Site.
2. No Agency Relationship.
SHN is not an authorized agent, partner or joint venturer of any MEMBER or any PARTICIPANT and therefore, cannot enter into arrangements on behalf of, or otherwise bind, any MEMBER or any PARTICIPANT. Likewise, no MEMBER or PARTICIPANT is an authorized agent of SHN and therefore, cannot enter into arrangements on behalf of, or otherwise bind, SHN.
3. Agreement to be Bound.
PLEASE READ THIS POLICY CAREFULLY BEFORE ACCESSING OR USING THE SHN WEB SITE. BY CLICKING "AGREE" AND BY ACCESSING OR USING THE SHN WEB SITE, YOU, AS A PARTICIPANT, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMERS SET FORTH ABOVE AND BELOW). IF YOU ARE NOT WILLING TO BE BOUND BY THIS POLICY, YOU MAY NOT ACCESS OR USE THE SHN WEB SITE. SHN MAY MODIFY THIS POLICY AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON THE EARLIER OF THE POSTING OF THE MODIFIED POLICY OR YOUR NOTIFICATION OF SUCH MODIFICATIONS. YOU AGREE TO REVIEW THIS POLICY PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SHN WEB SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED POLICY. SHN MAY REQUIRE YOU TO EXPLICITLY CONSENT TO SUCH MODIFIED POLICY IN ORDER TO CONTINUE USING THE SHN WEB SITE.
4. No Medical Advice.
THE INFORMATION AND MATERIALS CONTAINED ON OR IN THE SHN WEB SITE DO NOT PROVIDE, AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS, OR TREATMENT (the "Medical Advice"). PLEASE SEE YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL ADVICE. BASED ON INFORMATION THAT YOU REQUEST AND/OR PROVIDE THROUGH THE SHN WEB SITE, YOU MAY BE GIVEN (i) ACCESS TO GENERAL HEALTH EDUCATION AND INFORMATION AND SUGGESTED HOME TREATMENTS; (ii) REFERENCES TO OTHER RESOURCES; AND (iii) A FORUM THROUGH WHICH TO CONTACT OTHER USERS TO ASSIST YOU IN MAKING INFORMED DECISIONS ABOUT YOUR HEALTH CARE AND TO HELP YOU IN SPEAKING WITH YOUR PHYSICIAN. WHILE SHN ATTEMPTS TO PROVIDE INFORMATION THROUGH THE SHN WEB SITE THAT IS CURRENT AND RELIABLE, SHN CANNOT AND DOES NOT MAKE ANY SUCH GUARANTEE. FURTHERMORE, SHN CANNOT AND DOES NOT GUARANTEE ANY INFORMATION THAT YOU MIGHT RECEIVE THROUGH THE SHN WEB SITE FROM OTHER PARTICIPANTS OR PROVIDERS OF INFORMATION. SHN SHALL NOT BE LIABLE TO YOU FOR YOUR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE USE OF THE SHN WEB SITE, AND SHN DISCLAIMS ALL LIABILITY IN CONNECTION WITH SUCH INFORMATION AND ANY SERVICES THAT YOU MIGHT RECEIVE FROM ANY HEALTH CARE PROVIDER THROUGH THE SHN WEB SITE OR BASED ON INFORMATION ON OR IN THE SHN WEB SITE, INLCUDING WITHOUT LIMITATION ANY COSTS IN CONNECTION WITH SUCH SERVICES.
5. Termination.
SHN may, in its sole discretion, terminate this Policy and Your use of the SHN Web Site at any time, upon reasonable notice of termination to You.
6. Equipment.
You are responsible for providing and obtaining all third party software and personal computer and communications equipment necessary to gain access to the SHN Web Site.
7. Links to Other Sites.
As a convenience to You, SHN may provide links on the SHN Web Site to other web sites as SHN deems appropriate. Any decision of SHN to link to third party web sites is not an endorsement of the content in the linked site. Furthermore, SHN is not responsible for the content of linked third-party sites, and SHN does not make any representation or warranty regarding the content or accuracy of material on third party sites. If You decide to access linked third-party sites, You do so at Your own risk.
8. Except as otherwise agreed to by SHN in writing,
Members and its Participants will only provide Member Data and Participant Information, respectively, by means of the Stanford Heart Network and will not email or send Member Data or Participant Information to SHN or SHN’s service providers by any other means.
9. Telephone Charges.
You are responsible for all telephone charges for connecting to the SHN Web Site, and SHN assumes no responsibility or liability for any such telephone charges, including, but not limited to, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs, incurred by You while accessing the SHN Web Site. Any dispute or problem regarding telephone service are strictly between You and Your local telephone company and/or long distance service provider.
10. Use of Information for Project Evaluation.
You expressly acknowledge and agree that SHN may use certain information obtained through Your use of the SHN Web Site that is not personally identifiable to you in conducting an evaluation of the Project. As a matter of basic academic policy, SHN retains the right at its discretion to publish freely any results based on data collected using this site. SHN agrees NOT to publish any information that would identify a participant.
11. Privacy Policy.
The Privacy Policy is hereby incorporated into this Policy by reference. You agree that You have read and understand the terms of the Privacy Policy, and agree to be bound by the terms of the Privacy Policy. SHN may modify the Privacy Policy at any time, and such modifications shall be effective immediately upon the earlier of the posting of such modified Privacy Policy or Your notification of such modifications. You agree to review this Privacy Policy periodically to be aware of such modifications and Your continued use or access or use of the SHN Web Site shall be deemed Your conclusive acceptance of the modified Privacy Policy. SHN may require You to explicitly consent to such modified Privacy Policy in order to continue using the SHN Web Site.
12. Online Community Usage.
You fully understand that the activities within the SHN Web Site may occur in real-time and/or otherwise cannot be monitored, edited, censored, or otherwise controlled by SHN or MEMBERS. Notwithstanding the foregoing, however, SHN, in its sole discretion, reserves the right to monitor any and all activities within the SHN Web Site. Furthermore, SHN reserves the right to remove, in its sole discretion, any content that is deemed harmful, offensive, or otherwise in violation of this Policy.
13. Abusive and Offensive Content.
To avoid abusive and offensive content within the SHN Web Site (and the online community contained therein), SHN has established the following rules of usage. You agree that You intentionally will not:
- 13.1 Permit any other person (other than an agent acting on Your behalf and subject to Your direct supervision) to access the SHN Web Site using Your account for any purpose.
- 13.2 Post or transmit any message which is libelous, defamatory, or which discloses private or personal matters concerning any other person or entity.
- 13.3 Post or transmit any message, data, image, program, or information which is indecent, obscene, or pornographic.
- 13.4 Post or transmit any message, data, image, program, or information that would violate the property rights of others, including unauthorized copyrighted text, images, or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing or misappropriating fashion.
- 13.5 Interfere with other PARTICIPANT's use of the SHN Web Site, including, without limitation, disrupting the normal flow of dialogue in a discussion thread or chat room.
- 13.6 Post or transmit any file which contains a virus, worm, Trojan horse, disabling device, or any other contaminating or destructive feature.
- 13.7 Post or transmit any message which is harmful, threatening, abusive, or hateful. While SHN does not intend to discourage You or other PARTICIPANTS from taking controversial positions or expressing vigorously what may be unpopular views, SHN does reserve the right to take any actions it deems appropriate in cases where the SHN Web Site is used to disseminate statements that are offensive and/or harmful.
- 13.8 Post chain letters or pyramid schemes or any other solicitations within the SHN Web Site.
- 13.9 Post the same note more than once (The online word for posting many times on one topic is "spamming." Spamming is strictly prohibited).
- 13.10 Engage in any other conduct that restricts or inhibits any other person from using or enjoying the SHN Web Site, or which, in the judgment of SHN, exposes SHN or any MEMBER to any liability or detriment of any type.
Although SHN reserves the rights to monitor, record, edit or remove the content within the Online Community, SHN has no liability or responsibility to PARTICIPANTS, MEMBERS or any other person or entity for the performance or non-performance of the screening activities mentioned above.
14. Indemnity.
You agree to indemnify and hold SHN, its agents, suppliers, subcontractors and employees harmless from any claim or demand made by any third party due to or arising out of Your use of any portion of the SHN Web Site, including without limitation reasonable attorney’s fees incurred by SHN as a result of such claim or demand.
15. Warranty Disclaimer.
SHN PROVIDES, AND YOU ACKNOWLEDGE AND AGREE THAT SHN PROVIDES, THE SHN WEB SITE "AS IS" AND "WITHOUT WARRANTY." SHN GRANTS NO, AND SHN HEREBY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SHN WEB SITE OR SOFTWARE (IF ANY) PROVIDED TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SHN DOES NOT WARRANT THAT (i) YOUR USE OF THE SHN WEB SITE OR SUCH SOFTWARE (IF ANY) WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR FREE OR WILL MEET YOUR REQUIREMENTS; OR (ii) ALL DEFECTS IN THE SHN WEB SITE OR SUCH SOFTWARE (IF ANY) WILL BE CORRECTED.
16. Limitation of liability.
IN NO EVENT WILL SHN BE LIABLE (i) TO YOU FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR COST OF SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SHN WEB SITE OR SOFTWARE (IF ANY) PROVIDED TO YOU, EVEN IF SHN OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) TO ANY PERSON OTHER THAN YOU. IN ADDITION, SHN DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR UNAUTHORIZED USERS (I.E. "HACKERS") OF THE SHN WEB SITE. IN NO EVENT SHALL SHN BE LIABLE TO YOU OR ANYONE ELSE FOR ANY AMOUNT IN EXCESS OF THE MONIES PAID BY YOU (OR BY A THIRD PARTY ON YOUR BEHALF BUT ONLY TO THE EXTENT SUCH AMOUNT IS ATTRIBUTABLE TO YOU AND NOT ANOTHER PARTICIPANT) TO SHN FOR ACCESS TO THE SHN WEB SITE.
17. Ownership and Rights.
SHN owns and retains the copyrights and other proprietary and intellectual property rights in the SHN Web Site and the software (if any) provided to you by or for SHN. Except as otherwise expressly provided, all copyrightable material displayed on, or downloaded from, the SHN Web Site is copyrighted and may not be copied, modified, performed, displayed, distributed, published, redistributed, transmitted, or re-transmitted without the permission of the copyright owner. You may not remove, alter, or cover any copyright or other proprietary rights notices placed on or in the software (if any) provided to you or materials on the SHN Web Site. All rights not expressly granted to You in this Policy shall remain in SHN.
18. State by State Variation.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
19. Notices.
Except as explicitly stated otherwise, any notices required hereunder shall be given by email from You to SHN at info@stanfordheart.net or from SHN to You at the email address You provide to SHN during Your registration for the SHN Web Site, or such other address as either party shall specify in writing. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email cannot be delivered. Alternatively, SHN may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to SHN during Your registration for the SHN Web Site. In such case, notice shall be deemed given 3 days after the date of mailing.
20. GENERAL PROVISIONS.
This Policy, and the incorporated Privacy Policy, accepted upon first accessing the SHN Web Site, contains the entire agreement between You and SHN regarding the use of the SHN Web Site and the software (if any) provided to you and may only be amended upon notice by SHN to You or by a writing signed by You and an authorized official of SHN. If any provision of this Policy is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforceable to the fullest extent possible in accordance with the intent of this Policy. Headings are for reference purposes only. SHN's failure to act with respect to a breach by You or others does not waive SHN's right to act with respect to subsequent or similar breaches. Unless otherwise explicitly stated, the provisions of this Policy will survive termination of Your access to, and use of, the SHN Web Site. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California (without regard to the conflict of laws rules of the State of California).
|
