Centricity Health Care Users Group (“CHUG”)
TERMS AND CONDITIONS OF USE FOR SPONSORS
The Centricity Health Care Users Group (“CHUG”) website (the “Website”) available at https://centricityusers.com/ is offered as a service to the CHUG community and other permitted third party users to whom permission has been granted by CHUG (“Website Users”).
Subject to these Terms and Conditions of Use, CHUG permits its sponsors (“CHUG Sponsors”) to provide information on the Website regarding their products and services and to post other information which may be of interest or use to Website Users.
The Website and its related content is electronic communication (a) protected by the Electronic Communications Privacy Act (18 U.S.C. §§2510-2522), (b) may contain confidential and/or legally privileged information, and (c) is for the sole use of Website Users. By accessing the Website, Website Users are deemed to have agreed to these Terms and Conditions of Use.
Definitions. In addition to other defined terms in these Terms and Conditions of Use, the following terms shall have the following definitions.
Sponsor: Any entity or individual (including businesses, organizations, unincorporated associations and persons of any kind) who facilitate the development of resources for CHUG or the CHUG user community and who have been designated as a Sponsor by CHUG. Sponsors shall pay the required Subscription Fees. Sponsors are also Website Users and as such shall be subject to any terms and conditions of use applicable to all Website Users.
You or Your: The business or legal entity or association for which You are accessing the Website, or in the case of an individual who is acting for him or herself, You as an individual.
YOUR ACCOUNT AND PASSWORD
To access certain features of the Website, You must register and create an account (“Your Account”). During the registration process, You will be required to provide information and establish a user name and password. You warrant and represent that the information You provided is accurate, current, and complete. You agree to update such information as applicable. CHUG reserves the right to suspend or terminate Your Account if any information provided during the registration process or thereafter is inaccurate, not current or incomplete. You must keep Your password confidential and secure. You must not share Your password with anyone else or permit anyone to access the Website using Your user name and password. You must immediately advise CHUG if You have any reason to believe that the security or confidentiality of Your password has been compromised. You agree to take sole responsibility for any activities or actions taken under Your user name whether or not You have authorized such activities or actions. It shall be Your responsibility to immediately notify CHUG of any unauthorized access or use of Your Account.
If You are authorized to post documents or other material (“Content”) on the sponsor section of the Website, You agree that You will not post any documents or other materials that:
- You are not authorized to post
- Are in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence
- Contain any material that is likely to offend, provoke or attack other contributors to or users of the site, including but not limited to other Sponsors
- Contain any material that is defamatory of any person
- Contain any material that is obscene, offensive, abusive or hateful
- Promote sexually explicit material
- Promote violence or contain a statement or describe or encourage activities that could endanger the safety or well-being of others
- Promote discrimination on the basis of age, sex, actual or perceived sexual orientation, disability, race, religion or nationality
- Infringe any copyright, trademark or other intellectual property right of any person or organization
- Advocate, promote or assist any unlawful act or illegal activity
- Threaten, harass, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety
- Impersonate any person or misrepresent the contributor’s identity or affiliation with any person or organization
- Contain any material that contains viruses or any other computer code, programs or files designed to destroy, interrupt or limit the functionality of any computer, computer software or hardware or telecommunications equipment
Content may only be posted in file formats supported by the Website (including MS Word, Adobe Acrobat, MS Excel and any other file format approved by CHUG). All Content posted shall be clear and legible and confirmed to be free of viruses and other malware by a reputable malware screening application.
You agree to acknowledge any trademarks You reproduce on the Website which are not Your property or licensed to You; and You agree to reproduce any information licensed to You in accordance with Your terms of license.
You agree: (a) to cooperate with CHUG in correcting any problems associated with Content posted to the Website by You or on Your behalf; (b) to retain as a back-up copies of the Content posted by You or on Your behalf; (c) to report promptly to CHUG any problems or errors that You observe with respect to Content or information posted to the Website; and (d) to notify CHUG, promptly by telephone and in writing (which includes e-mail if receipt is acknowledged by CHUG), of all court orders restricting the use, distribution or disposition of any documents or information posted to Website by You or on Your behalf.
You retain the rights to your copyrighted Content or information that you submit to the Website, provided, however, that by submitting Content to the Website, You grant CHUG a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
CHUG takes no responsibility for, does not expressly or implicitly endorse, and does not assume any liability for any Content You submit to the Website.
YOU AGREE TO HOLD CHUG, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY SERVICE PROVIDERS HARMLESS FROM AND DEFEND THEM AGAINST ANY CLAIMS, COSTS, DAMAGES, LOSSES, EXPENSES, AND ANY OTHER LIABILITIES, INCLUDING ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE WEBSITE, YOUR VIOLATION OF THIS USER AGREEMENT, AND/OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY OR PERSON.
Website Sponsorship Program.
The Website Sponsorship program is a database maintained on the Website of products, vendors and resources of interest to Website Users, and may include specific advertising for Your products and services.
You shall pay to CHUG annual subscription fees. All subscription fees are due at the beginning of each subscription term as specified in the subscription plan. Subscription fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively “Taxes”). You shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder. In the event You terminate Your subscription prior to the end of 1 year, You are obligated to pay within 30 days of termination of Your subscription any amounts remaining unpaid on Your full annual commitment. Your sponsorship begins on the on effective date of Your subscription and expires after 12 months from the effective date. Upon expiration of Your subscription You will have up to 30 days to renew Your subscription at the then current subscription price. Upon termination or expiration of Your subscription, any materials posed by You shall be removed upon such termination or expiration.
CHUG reserves the sole right to approve as Sponsors any entity or individual, and reserves the right to waive any portion of the annual subscription fees, for any Sponsor, including, but not limited to governmental Sponsors.
Rights of Termination.
CHUG may terminate Your rights of access to the Website immediately if You breach any of these Terms and Conditions of Use, or are suspected of any breach. CHUG may inform You of termination by sending a notice of termination to You. In no event will Your right to access Website extend beyond the term allocated therefore, as determined by CHUG in its sole discretion. Any termination, by You or CHUG, shall not alter Your obligation to pay any annual subscription fees remaining unpaid. No annual subscription fees shall be reimbursed to You for any reason.
You acknowledge that the documents and information available on Website, and the technology created to provide the Website, are proprietary and highly confidential, and You will respect the confidentiality thereof. You may also be bound by the terms and conditions contained in a separate confidentiality or non-disclosure agreement. In the case of any conflict in the terms of such an agreement and these Terms and Conditions of Use, the terms of the agreement shall control. You acknowledge that the Internet is an open system and that CHUG cannot guarantee that unauthorized third parties will not access the Website and the documents on it, although certain reasonable steps have been taken to prevent such unauthorized access.
Restrictions on Use.
You may not reverse engineer, disassemble, decompile, unlock, recreate, copy, license, sublicense, create derivative software from, sell, rent, lease, loan, distribute, transfer or otherwise deal with any of CHUG’s technology. You promise not to assist any third party to do any of the foregoing.
You agree that: (a) the restrictions set forth in these Terms and Conditions of Use are reasonable in the circumstances and all defenses to the strict enforcement thereof are waived; (b) a violation of these Terms and Conditions of Use will result in immediate and irreparable harm and damage; and (c) in the event of any violation of any provision of these Terms and Conditions of Use, CHUG shall be entitled to apply for equitable relief by way of temporary or permanent injunction and for such other relief as any court of competent jurisdiction may deem just and proper.
CHUG does not guarantee that the Website or its content is error free, and makes no representations about the technical accuracy or functionality of Website, or that the content hosted on Website is accurate, error free or up to date.
This website contains material which is owned by or licensed to CHUG. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions of Use.
From time to time this website may also include links to other websites. These links are provided for Your convenience and to provide further information, they do not signify that CHUG endorses the website. CHUG has no responsibility for the content of the linked website.
Limitation of Liability.
CHUG will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use the Website, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of the Website.
Changes to Terms and Conditions of Use; Severability and Enforcement.
Please contact us at [email protected] with any feedback or concerns.