INNOVATIONS IN HEALTHCARE WEBSITE TERMS OF USE AND PRIVACY POLICY
These Terms of Use and Privacy Policy govern your access to and use of the Limited Access Website (the “Site”) for the Innovations in Healthcare (“INNOVATIONS IN HEALTHCARE”).
Acceptance
Your use of or registration for the Site constitutes your agreement to comply with the Terms of Use and the Privacy Policy. INNOVATIONS IN HEALTHCARE may revise, amend, or modify the Terms of Use from time to time. Notice of any revision, amendment, or modification will be posted on the Site at http://www.Innovations in Healthcare.org and will be effective on the date noted in the posting. Please periodically review the Terms of Use from time to time as your continued use of the Site after the effective date of any revisions, amendments, or modifications constitutes your agreement to comply with the effective Terms of Use.
Account Registration
To utilize the Site, or certain portions of it, you may be required to complete a registration process and establish an INNOVATIONS IN HEALTHCARE account (“INNOVATIONS IN HEALTHCARE Account”). You represent and warrant that all information provided by you is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
Password and Security As a registered user with an INNOVATIONS IN HEALTHCARE Account, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password and INNOVATIONS IN HEALTHCARE Account. You understand and agree that you are fully responsible for all actions and postings made from your INNOVATIONS IN HEALTHCARE Account. You may not authorize others to use your INNOVATIONS IN HEALTHCARE Account and many not transfer, sell, or assign your INNOVATIONS IN HEALTHCARE Account or INNOVATIONS IN HEALTHCARE Account information to any third party without the written approval of INNOVATIONS IN HEALTHCARE. You agree to notify INNOVATIONS IN HEALTHCARE immediately if you become aware of any unauthorized use of your INNOVATIONS IN HEALTHCARE Account.
User Representations and Warranties
By posting any content, you represent and warrant that you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content; and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. INNOVATIONS IN HEALTHCARE Terms of Use page 2 ND: 20393.002 4832-2624-5390v1 You represent and warrant that you will not use any software that sends repeated queries to INNOVATIONS IN HEALTHCARE, or otherwise send automated queries of any sort to INNOVATIONS IN HEALTHCARE. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms of Use. You agree and understand that INNOVATIONS IN HEALTHCARE has no obligation to maintain any content on the Site, whether posted by INNOVATIONS IN HEALTHCARE, you, or any other user, and reserves the right to remove any content from the Site at any time for any reason without liability.
Use of Posted Content
INNOVATIONS IN HEALTHCARE does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions posted by users. You acknowledge that your reliance on content posted by any users will be at your own risk. INNOVATIONS IN HEALTHCARE does not regularly screen or monitor and has no obligation to regularly screen or monitor any content posted by any user on any public or private portion of the Site. If notified by a user of content which allegedly does not conform to these Terms of Use, INNOVATIONS IN HEALTHCARE may, but shall not be required to, investigate the content and determine in good faith and in its sole discretion whether to remove or request the removal of the content; INNOVATIONS IN HEALTHCARE shall have no liability or responsibility to users for performance or nonperformance of such activities.
By submitting content to any public or non-public area of the Site, you grant INNOVATIONS IN HEALTHCARE and other users to whom it may grant access a royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) publicly and worldwide and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, as long as such uses are consistent with the mission of INNOVATIONS IN HEALTHCARE. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You permit any user to access, display, view, store, and reproduce such content for personal, nonprofit or commercial use consistent with the mission of INNOVATIONS IN HEALTHCARE. Subject to the foregoing, the owner of that content placed on the Site retains any and all rights that may exist in that content. In the event that you wish to share information on a confidential basis, you must first enter into a written and mutually executed non-disclosure and confidentiality agreement with INNOVATIONS IN HEALTHCARE.
Prohibited Uses
You agree not to use the Site: (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Site or any servers or networks connected to the Site. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the Site; (y) attempt to gain INNOVATIONS IN HEALTHCARE Terms of Use page 3 ND: 20393.002 4832-2624-5390v1 unauthorized access to any portion of the Site or any other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means; or (z) delete or otherwise revise material posted by any other person.
Indemnities
You agree to indemnify, defend, and hold harmless INNOVATIONS IN HEALTHCARE, its officers, agents, employees and affiliates from and against any and all claims, actions, suits, expenses, losses, liabilities, and damages (including attorneys’ fees and expenses) arising out of or in connection with the Site, which INNOVATIONS IN HEALTHCARE may incur, suffer, become liable for, or which may be asserted or claimed against INNOVATIONS IN HEALTHCARE, as a result of your acts, errors, or omissions.
Termination of access
If you fail to comply with the Terms of Use, INNOVATIONS IN HEALTHCARE may without warning or notice terminate any rights granted to you under the Terms of Use, including access to the Site or any portion thereof.
Disclaimers of Warranties & Duties
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, INNOVATIONS IN HEALTHCARE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OR WARRANTIES FOR INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. INNOVATIONS IN HEALTHCARE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE USE OF THE SITE, OR THE INABILITY TO USE THE SITE OR THE CONTENT THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL INNOVATIONS IN HEALTHCARE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
International and Export Issues
INNOVATIONS IN HEALTHCARE administers this Site from its offices in Durham, North Carolina. INNOVATIONS IN HEALTHCARE makes no representation that the Site is appropriate for use under the local laws applicable to all users. Access to the Site from territories where its contents are illegal or restricted is prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws. You agree to comply with all export and reexport restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Site and to not, in violation of any laws, transfer, or authorize the transfer of, any materials to a prohibited country or otherwise in violation of any laws. In particular, but without limitation, the materials may not, in INNOVATIONS IN HEALTHCARE Terms of Use page 4 ND: 20393.002 4832-2624-5390v1 violation of any laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or U.S. Department of Commerce Entity List of proliferation concern, or the U.S. State Department Debarred Parties List. By using any materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Governing Law
The Terms of Use shall be governed, construed and enforced in accordance with the laws of the United States of America and of the State of North Carolina, without regard to conflicts of laws principles. Any dispute arising under these Terms of Use or concerning their interpretation will be resolved exclusively in the state or federal courts located in North Carolina, and you expressly consent to jurisdiction in these courts. In any suit or action commenced by you or INNOVATIONS IN HEALTHCARE to enforce any right or remedy under these Terms of Use, the prevailing party will be entitled to recover its reasonable expenses, including reasonable attorneys’ fees and costs, from the nonprevailing party.
Severability
If any provision of these Terms of Use shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of the Terms of Use. Waiver Failure of INNOVATIONS IN HEALTHCARE to enforce a right or remedy under the Terms of Use shall not act as a waiver of that right or the ability to later assert that right or remedy.
Privacy Policy
Your use of the Site is further subject to the following Privacy Policy, which describes the information gathering and dissemination practices of INNOVATIONS IN HEALTHCARE. INNOVATIONS IN HEALTHCARE may revise, amend, or modify the Privacy Policy from time to time. Notice of any revision, amendment, or modification will be posted on the Site at http://www.Innovations in Healthcare.org and will be effective on the date noted in the posting. Please review the Privacy Policy from time to time.
What information do we collect?
As with many websites, we collect certain information even when you are not logged into your INNOVATIONS IN HEALTHCARE Account. When you browse, read, or download information from INNOVATIONS IN HEALTHCARE, we may collect data, including but not limited to your IP address, URL request, browser type, date and time of your request, and Site web pages visited. INNOVATIONS IN HEALTHCARE Terms of Use page 5 ND: 20393.002 4832-2624-5390v1 When you register for an INNOVATIONS IN HEALTHCARE Account, INNOVATIONS IN HEALTHCARE requests certain identifiable information including but not limited to personal names, email addresses, telephone number, address, title, and professional affiliation. INNOVATIONS IN HEALTHCARE will not request any financial information or credit card numbers. Finally, if you post content to any portion of the Site, please be aware that any information you submit can be read, viewed, collected, or used by other users of the Site. Users may use the posted content to contact you, send you unsolicited messages, or for other purposes over which neither INNOVATIONS IN HEALTHCARE nor you have any control. INNOVATIONS IN HEALTHCARE is not responsible for any personal information you choose to post to the Site. You must not post any confidential information about other parties, including without limitation any individually identifiable health information (as defined under the U.S. Health Insurance Portability and Accountability Act of 1996 and applicable regulations) or health and patient information or records protected under any other laws.
How do we use your information?
The information INNOVATIONS IN HEALTHCARE collects from you may be used to:
- Assist in making connections with Sponsors, Mentors, Investors, or Innovators, disseminate information and ideas that you may post, and otherwise promote activities in furtherance of the mission of INNOVATIONS IN HEALTHCARE.
- Send periodic correspondence, by email or post, regarding INNOVATIONS IN HEALTHCARE.
- Provide service and support.
- Improve our Site.
- Prevent and detect security threats, fraud, or other malicious activity.
How do we share your information?
The contact information that you provide, as well as any other content that you may post to the Site, will be available to other users of the Site. Otherwise, we do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, but we may disclose it to trusted third parties who assist us in operating our Site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. Except as described herein, INNOVATIONS IN HEALTHCARE will not share the personal information you provide to INNOVATIONS IN HEALTHCARE with non-INNOVATIONS IN HEALTHCARE third parties without your permission, unless to: (i) respond to duly authorized information requests of police and governmental authorities; (ii) comply with any law, regulation, subpoena, or court order; (iii) investigate and help prevent security threats, fraud or other malicious activity; (iv) enforce and protect the rights and properties of INNOVATIONS IN HEALTHCARE or its affiliates; or (v) protect the rights or personal safety of INNOVATIONS IN HEALTHCARE employees and third parties on or using INNOVATIONS IN HEALTHCARE property.
How do we protect your information?
We use appropriate physical, technical, and administrative procedures to safeguard the integrity of the Site. Given the ability of other users to access and use the information you provide to the INNOVATIONS IN HEALTHCARE Terms of Use page 6 ND: 20393.002 4832-2624-5390v1 Site, however, you should not expect that information to be encrypted or otherwise subject to high levels of security.
Do we use cookies?
Information that does not identify you personally is collected by INNOVATIONS IN HEALTHCARE in the form of “cookies.” Cookies track traffic trends and visitor behavior, as well as recording other information from the Site. When you register on our Site, cookies also allow information to be saved so you won’t have to re-enter it the next time you visit. Our Site never uses cookies to retrieve information from your computer that was not originally sent in a cookie. You may set your browser to refuse cookies from any website you visit. If you do so, you will still be able to use our Site, though you may sacrifice some interactive features. We use the information we collect to measure the number of visitors to the different sections of our site, to facilitate your login to your INNOVATIONS IN HEALTHCARE Account, and to help us make our Site more useful to visitors.
Use of Links & Third Party Links
Occasionally, at our discretion, we or other users may provide links to other websites that may contain information of interest to our Site visitors. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Site and welcome any feedback about these sites. We take no responsibility for, and exercise no control over, the organizations, views, or accuracy of the information contained on other websites. Creating a hyperlink from your website to the public portion of the INNOVATIONS IN HEALTHCARE website does not require permission so long as the links do not portray INNOVATIONS IN HEALTHCARE, its associates, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not, however, share your password or otherwise allow unauthorized persons to access the limited access areas of the Site.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). We do not collect any information from anyone under 13 years of age. Our Site is directed to people who are at least 13 years old or older.