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Terms of Use

Terms of Use for My Health Connections
Last updated 20 November 2011

By using Knowledge- and Information-Sharing Platform (KISP), also known as the My Health Connections website or any of its services (the 'Site'), you signify that you agree to abide by the following terms ('Terms'). If you do not agree to these Terms, you cannot use the Site. We - that is, representatives of HCI - reserve the right at our discretion to change, modify, add or remove portions of these Terms at any time. We encourage you to review the Terms periodically for changes. However, any significant changes to the Terms will be made note of on the Site, and this page will be updated to reflect these changes. Your continued use of the Site following the posting of changes to these Terms will mean you agree to abide by those changes. In addition, certain HCI's services may have additional terms attached to them. When using HCI's services, you shall be subject to any posted guidelines or rules applicable to such services in addition to these Terms.

Description of the Service

The information provided on this site is designed to support - through its services - healthcare professionals to access up-to-date and accurate information. You understand and agree that the service is provided 'AS IS' and that HCI is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or product that you obtain through this site.

Confirm information with other sources. You are encouraged to confer with (other) specialists with regard to the information contained on or obtained through this website. After reading articles or other content from this website, you are encouraged to review the information carefully with other professional healthcare providers. Do not use this website for medical emergencies. HCI does not recommend or endorse any specific tests, products, procedures, opinions, physicians, clinics or other information that may be mentioned or referenced on this website.

Rely at your own risk: Reliance on any information on this Site is solely made at your own risk.

User Conduct

You understand that HCI does not control the content posted by individual users and, as such, does not guarantee the accuracy, integrity or quality of such posted information. Moderators will monitor the content as much as possible for quality; however, HCI reserves the right to remove any content or refuse the transmission of any content. You understand that by using the Site you may be exposed to content that you may consider offensive, indecent or objectionable. Under no circumstances will HCI be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Site. You bear all of the risks associated with the use of or exposure to any content. You acknowledge and agree that HCI may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) enforce the Terms of Use; (b) respond to claims that any content violates the rights of third parties; or (c) protect the rights, property, or personal safety of HCI, its users, and the public.

User Registration

As a condition to using the Site, you are required to register with HCI and re-set and select a password after the initial registration is completed. Where required, you shall provide HCI with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate deactivation of your account. You may not (i) select or use as a User ID the name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than a person with appropriate authorisation. HCI reserves the right to refuse registration of or deactivate an account at its own discretion. You shall be responsible for maintaining the confidentiality of your password. You shall be responsible for all information transmitted through the Site or the use of the service using your password login information. All information communicated through these channels will be considered to have been sent and authorised by you.

Links to Third Party Sites

The Site may contain links through advertising, affiliation, or otherwise to other web sites ('Linked Sites'). The Linked Sites are not under the control of HCI and HCI is not responsible or liable for the communication with or materials obtained from any Linked Sites. HCI is providing these links to you as a convenience and to advertisers and partners to promote their sites or products, and the inclusion of any link does not imply endorsement by HCI of the site or any association with its administrators. You are strongly encouraged to evaluate any third party sites, and are responsible and/or liable for any interactions you may have with such sites, their sponsors and other third parties. The advertisers who purchase banners or otherwise sponsor or support HCI and this website have no influence on the editorial content or presentation of information, and the posting of advertisements shall not be taken as an implied or expressed endorsement of any such product or service. But, rather, the administrators of third party sites endorse the mission and principles of HCI.

Privacy

Your personal information and/or the information you provide and/or acquire via the Site are subject to our Privacy & Confidentiality Policy Statement (http://www.myhci.org/en/privacy), which you should read in its entirety. The most current version of the Privacy & Confidentiality Policy Statement is posted and available at all times at the Site.

Materials Provided to HCI or Posted to the Site

Through your use of the Site, HCI does not claim ownership of the information and/or materials you provide. However, by providing information and/or materials to or through the Site, you are granting HCI worldwide, the perpetual, royalty-free right to use the information and/or materials in connection with all aspects of the operation of the Site, including but not limited to, the rights to copy, distribute, transmit (digitally or otherwise), publicly display, publicly perform, make derivative works of, reproduce, edit, translate and reformat information and/or materials and to publish your name in connection with the information and/or materials. However, HCI will not use any materials and/or information for commercial purposes. HCI are under no obligation to post or use any information and/or materials and may remove any information or materials at any time at its own discretion.

Third Party Rights and Copyright Status
Use of material posted to the Site

Unless stated otherwise, documents and files posted and made available via the Site can be freely downloaded and reproduced so long as they are done so for non-commercial purposes. Other parties may retain the rights to publish and/or reproduce these documents or to allow others to do so. Some documents available from this Site may be protected under copyright laws. Permission to reproduce these documents may be required.

Submission of original material to HCI

When submitting material and/or information to post to the Site, you warrant and represent that (i) you own the right, title, and interest in the (reference) information and/or material provided and/or have obtained the necessary rights for the use of the (reference) material at the Site or to any part of the service; (ii) the (reference) material you provide does not violate any law and/or regulation; (iii) the (reference) material does not violate the intellectual property rights and/or any rights of a third party; (iv) the (reference) material is not designed to and/or will not knowingly have deleterious effects on HCI, the Site, the services, other users, and/or any computer, network, software or hardware.

Detection of possible infringing material

If you believe that any of the material contained at the Site and/or any service attached to the Site infringes or violates any copyright, trademarks or other intellectual property rights owned by you or any other parties, please e-mail us with the specifics of your claim to info@healthconnections.info. Please include an identification of the offending work(s), the location(s) of the work at the Site (that is, the URL), a good faith claim as to why such work(s) infringe or violate your rights, and your name, address, telephone number, and e-mail address. Please be advised that such complaints must contain accurate information submitted under penalty of perjury by the owner and/or by a person authorised to act on behalf of the owner of the alleged copyright infringement.

Termination

At the discretion of HCI, we may terminate your password, user account (or any part thereof), use of the service, or access to myhci.org and may remove and/or discard any content for any reason and/or if HCI believe that you have violated an/or acted inconsistently with the letter or spirit of these Terms of Use. HCI may also at its sole discretion and at any time discontinue providing any part of the Site and/or its services with or without notice. HCI shall not be liable to you or any third party for any termination of your access to the Site.

Warranties

You warrant that you will not use the Site to upload, post, e-mail and/or otherwise transmit any content that is unlawful, harmful, fraudulent, threatening, abusive, and/or harassing including any spam, junk mail or otherwise solicitous content; upload, post, e-mail and/or otherwise transmit any content that is defamatory, vulgar, obscene, libellous, invasive of another's privacy or publicity rights, hateful, or racially, ethnically and/or otherwise objectionable that would constitute and/or encourage a criminal offence and/or that would otherwise give rise to liability and/or violate any law; harm anyone in any way; impersonate any person or entity, including but not limited to HCI employees and/or falsely state or otherwise misrepresent your affiliation with a person and/or entity; upload, post, e-mail and/or otherwise transmit any content that you do not have a right to transmit under any law and/or under contractual and/or fiduciary relationships; upload, post, e-mail or otherwise transmit any material that knowingly contains malicious software and/or any other computer code, files and/or programs designed to interrupt, destroy and/or limit the functionality of any computer software, hardware, and/or telecommunications equipment; interfere with and/or disrupt the operation of myhci.org and/or any server and/or networks connected to the Site; disobey any requirements, procedures, policies and/or regulations of networks connected to myhci.org; and/or collect and/or store personal data about other users.

Indemnity

You agree to indemnify and hold HCI and its board, directors, employees, affiliates, or other partners harmless from any claim, cause of action, suit, and/or demand, including reasonable attorney's fees based on your breach of the foregoing warranties or these Terms of Use.

Disclaimer of Warranties

You expressly acknowledge and agree that:

HCI is not responsible and/or liable for any advice, course of treatment, diagnosis and/or any other information, services and/or products that you provide and/or obtain through this Site. The service, including all information, products, and other content (including third party information) is provided on an 'as is' and 'as available' basis and without warranties of any kind either expressed or implied.

To the fullest extent possible and pursuant to applicable law, HCI disclaim all warranties, expressed and/or implied, including but not limited to: implied warranties of merchantability, fitness for a particular purpose and non-infringement. HCI do not warrant that any portion of the Site or the service will be uninterrupted and/or error free, that defects will be corrected and/or that the site and/or the service that makes it available are free of viruses and/or other harmful code. HCI do not warrant and/or make any representations regarding the use and/or the results of the use of the materials and/or information of any kind on this Site in terms of correctness, accuracy, reliability and/or otherwise. Any material down- and/or uploaded and/or otherwise obtained through the use of the Site is done so at your own discretion and risk. Some countries or states may not allow the exclusion of implied warranties, in which case the above exclusions may not apply to you.

Limitation of Liability

In no event shall HCI be liable for any direct, indirect, special, consequential, punitive and/or incidental damages, lost profits and/or the cost to procure substitute goods and services arising out of the use of Site, even if HCI have been advised of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.

Governing law

All disputes that may arise in connection with these Terms of Use and/or the breach thereof shall be settled exclusively by a competent court in The Netherlands. This agreement shall be governed by and interpreted in all respects in accordance with the law of The Netherlands.