TERMS OF USE
When we refer to ourselves in these Terms of Use as "we," "us," "our," and similar terms, we mean JHF and PRHI collectively.
By accessing our website, you are agreeing to the following Terms of Use and any changes thereto, as well as our Privacy Statement, the terms of which are hereby incorporated into this agreement by reference. This document constitutes an agreement between JHF and PRHI and you. If you do not agree to these Terms of Use, discontinue use of of the website.
We may change these terms from time to time without prior notification. Your continued use of the websitefollowing the posting of any changes to these Terms of Use constitutes your acceptance of such changes. You will always be able to view the most current version by clicking on the “Terms of Use” link at the bottom of any page on our site.
Scope of These Terms
Disclaimer of Warranties and Liability
Copyright
Trademarks
Policy on Using and Sharing the websiteContent
Linking to Us
Content That You Submit to THC
Appearance Consent And Release
Advertising/Sponsorship and Solicitation Policy
Procedures for Making and Responding to Claims of Copyright Infringement
Laws That Govern This Agreement
About the Privacy Statement
No Unlawful or Prohibited Conduct
Consequences
Reporting a Violation
General
Questions
Scope of These Terms
These Terms of Use apply to your use of the webite, www.prhi.org. We operate other websites that may be covered by different Terms of Use. The Terms of Use for each of our websites are available on those sites. When you leave one of our websites and go to another website (whether controlled by us or by a third party), different terms may apply.
Disclaimer of Warranties and Liability
The information is not intended as a substitute for professional medical or legal advice. For medical questions or issues, consumers should always consult with a health practitioner. USERS RELY ON THE INFORMATION AND RESOURCES ON the website AT THEIR OWN RISK.
We reserve the right to review any and all content at any time prior to or after it is published by users of this website. We do not offer you any warranty or guarantee related to this website. We SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH the website OR ON ANY SITES/RESOURCES LINKED FROM THC. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH THC.
It is your responsibility to evaluate the information and results from tools and other content available on this website. If you are a health care professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information contained on the website with other sources before undertaking any treatment or action based on it. If you are a consumer, you should evaluate the information together with your physician or another qualified health care professional.
Whether the information comes from us or from a user of this website, WE ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM YOUR USE OF THE INFORMATION ON this website. REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY YOU OR ANYONE MAY HAVE.
You understand and agree that we cannot and do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise available on the website or through the Internet, in general, in any way. You also understand and agree that we cannot and do not warrant or guarantee that files available for downloading through the website will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties. You understand and agree that you are solely responsible for implementing sufficient precautions, procedures and checkpoints to satisfy your own requirements for the accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data. We do not assume the responsibility for the loss of any information, data, or other materials resulting from your use of this website.
Content on the website may include links to external websites. the website prohibits links to websites or organizations that are commercial or product-based; pharmaceutical or medical products organizations or services; consulting services; or other types of organizations or websites, as determined by this website's sole discretion. Although we are selective about the organizations we link to, WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY WEBSITES THAT ARE LINKED TO the website OR THAT YOU BROWSE AFTER FOLLOWING A LINK FROM this website.
While we welcome your feedback on this website, we reserve the right to make the final decisions about the content that is posted on the site and to remove such content in our unfettered discretion for any reason or no reason. If you believe that your work has been used on the website in a way that constitutes copyright infringement, please contact our Copyright Agent by following the procedures described below. To register other types of complaints, you can use the “Contact Us” features or any other feedback link on our site to send us comments and criticisms, but IF YOU ARE DISSATISFIED WITH OUR RESPONSE OR WITH THE CONTENTS OF this website, YOUR ONLY REMEDY IS TO STOP USING THE WEBSITE.
Copyright
You acknowledge and agree that the content and materials available on this website, including without limitation all text, graphics, user interfaces, visual interfaces, photographs, logos, taglines, audio and video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights or other proprietary rights and laws. Among other things, this means you must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile or create derivative works from such content or materials except as expressly provided in these Terms of Use. You acknowledge and agree that the unauthorized use of the contents and materials on the website could cause irreparable harm to PRHI and JHF and that in the event of such unauthorized use, we shall be entitled to an injunction in addition to any other remedies available at law or in equity. You are also prohibited from uploading copyrighted materials into the website without the express permission of the copyright holder.
Trademarks
We or our partners also own the names we use for our products and services on this website, and these names are protected by trademark laws in the US and internationally. All trademarks are the property of their respective owners.
If your activities are noncommercial, you may make use of our trademarks by linking to us or discussing us with others, as long as you make it clear that we are the owner of the trademark. Any other uses of our trademarks require our prior written approval, unless they constitute permissible fair use under applicable law.
Without limiting the foregoing, you may not use our trademarks in any of the following ways:
In a non-JHF/non-PRHI product or service name or publication title.
Within or as part of your own trademarks.
To identify non-JHF/non-PRHI products or services.
In a manner which will likely cause confusion.
In a manner that implies that JHF and/or PRHI sponsors, endorses or is otherwise connected with your activities, products, or services.
In a manner that disparages JHF or PRHI.
Policy on Using and Sharing the website Content
Unless otherwise prohibited, you may look at the website content online; download individual documents; print or email pages of content; download tools to your personal or handheld computer for later reading or use; and print pages for yourself or your colleagues, provided that:
• You may not modify the content or any copyright notices or source indications.
• Because we update the content on the website frequently and want to make sure people are using the most up-to-date information, you may NOT post the content directly into another website. However you may link to the content on the website (see additional conditions below in Linking to Us).
• You must always credit JHF and PRHI (and any other sources specified for a specific piece of content) as the source of the material, as follows: “[Name of content item]. Pittsburgh, Pennsylvania: Jewish Healthcare Foundation and the Pittsburgh Regional Health Initiative; [Year]. (Available on www.tomorrowshealthcare.org)”
• You may not repackage the website content for commercial purposes or otherwise offer it for sale.
Note that some content posted on the website originates from outside sources that have granted PRHI and JHF permission to post this content to our website only. Any further permissions for this content must be sought directly from the content owners.
You may be required to register and/or pay to access this website. If you register or pay for an individual account, you may not share your user name or password with anyone else.
We reserve all other rights not expressly granted under these Terms of Use.
To request permission to use this website, including its content, in a manner other than as permitted under these Terms of Use, please send an email to
Linking to Us
Because we update our content frequently and want to make sure people are using the most up-to-date information and recognize its source, you must not frame the website or incorporate pieces of it into a different site or product. You are not allowed to link to the website if you create or post illegal, obscene, or offensive content, or if the link in any way has a negative impact on our reputation.
Content That You Submit to this website
Unless we tell you that something will be treated confidentially, when you submit content to this website, including but not limited to documents, web page text, tools, reports, studies, comments, ratings, and postings to discussion boards, blogs and wikis, you are giving us a royalty-free, world-wide, irrevocable, perpetual, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any medium, form, format, or forum whether presently existing or developed later, and to sublicense such rights to others. We will consider requests to remove content that you make publicly available on the website on an individual basis, but JHF and PRHI will make the final decision whether or not to remove such content.
For our policies regarding information you place on the website that will be treated confidentially, please see our Privacy Statement.
You may not post any content, links or code that would be, in the sole and absolute determination of JHF and PRHI, misleading, false, defamatory, vulgar, inappropriate, or harmful. We disclaim any liability for moderating such content, but reserve the right to remove any such content at any time without your consent.
If you submit or post any content or intellectual property to this website, you represent and warrant that your submission or posting does not infringe the rights of the owner of such content or intellectual property or any other third party. You further represent and warrant that the owner of such content or intellectual property has expressly granted, or allowed you to grant, to JHF AND PRHI a royalty-free, world-wide, irrevocable, perpetual, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content or intellectual property in any medium, form, format, or forum whether presently existing or developed later, and to sublicense such rights to others.
YOU ARE EXPRESSLY PROHIBITED FROM UPLOADING ANY IDENTIFIABLE, PATIENT-LEVEL HEALTH INFORMATION INCLUDING BUT NOT LIMITED TO INFORMATION THAT WOULD FALL UNDER THE HEALTH INFORMATION PORTABILITY AND ACCOUNTABILITY ACT OF 1996’S DEFINITION OF PROTECTED HEALTH INFORMATION (PHI).
Appearance Consent And Release
I, the undersigned, in exchange for good and valuable consideration, and without further consideration, do hereby irrevocably grant the JEWISH HEALTHCARE FOUNDATION (JHF), its parent, affiliates, subsidiaries, licensees, successors, nominees, agents, assigns, and those for whom it is acting, my consent and the unrestricted right and permission to copy, publish, republish, edit, record, reproduce, broadcast, rebroadcast, distribute, transmit, exhibit, copyright, sell, merchandise, disseminate, use or otherwise exploit, either in whole or in part, in any way throughout the universe and in perpetuity the audio and/or visual portions of any videotape, film, pictures, prints, stills, promotional materials or other recordings of me made in connection with the JHF and Tomorrow’s Healthcare (this website) and any reproduction thereof, for use through any medium or media now known or hereafter devised including, but not limited to, newspaper, home video release (whether by cassette, laser disc or other means), television (whether by free, pay, pay-per-view, cable, broadcast, video on demand, near video on demand, interactive, satellite or community), the internet, webcast, CD-Rom and other interactive means.
I understand and agree that the photographs, films, videotapes, pictures, prints, stills, promotional materials or other recordings of me may be used with or without identifying me as their subject. Such right and permission shall be exercisable, in whole or in part, at the sole discretion of JHF, its parent, affiliates, subsidiaries, licensees, successors, nominees, assigns, or agents.
I understand that any statements and any reference to me in the photographs, films, videotapes, pictures, prints, stills, promotional materials or other recordings of me may be used in connection with the promotion of JHF and THC, in any of its fund-raising campaigns or by any of its clients.
I hereby waive any right that I may have to inspect or approve any finished product, derivative thereof, or the use to which such finished product may be applied.
I hereby release, discharge and agree to hold harmless JHF, its parent, affiliates, subsidiaries, licensees, successors, assigns and agents and those from whom it is acting, from any liability, claim, or cause of action, now known or later discovered, including without limitation, liability for libel, invasion of any right of privacy or publicity, and defamation arising out of the use of any photographs, films, videotapes, negatives, prints, stills or other recording of me, or reference to me, or of any scene or sequence in which my likeness or such reference appears.
I hereby warrant that I am age 18 or older. I acknowledge that I have read and understand this Consent and Release prior to agreeing to the terms herein.
Advertising/Sponsorship and Solicitation Policy
Unless expressly permitted by this website, you may not use the website or any information, tool or service provided by the website to solicit other users for any commercial purpose, or to advertise commercial programs, products, or services of any kind for which a fee is charged.
Procedure for Making and Responding to Claims of Copyright Infringement
JHF and PRHI respect the rights of all copyright holders and will terminate the accounts of users who post materials on the website that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide JHF and PRHI’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that you claim is infringed;
Identification of the copyright work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, including your address, telephone number, and email address;
A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To contact our Copyright Agent for notice of claims of copyright infringement on or regarding this website, email
If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to post and use the content in your user submission, you may send a counter-notice containing the following information to our Copyright Agent:
Your electronic or physical signature;
A description of the content that has been removed or to which access has been disabled;
A description of where the allegedly infringing material is located on the website;
Your address, telephone number, and email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the website may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person;
A statement by you that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
A statement by you made, under the penalty of perjury, that the above information in your counter-notice is accurate and that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law to post and use the content in your user submission.
Please send such notice to our Copyright Agent at:
If a counter-notice is received by JHF and PRHI, JHF and PRHI may send a copy of the counter-notice to the original complaining party informing that person that JHF and PRHI may restore the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the member or user, the removed content may be restored, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the sole discretion of JHF and PRHI.
Laws That Govern This Agreement
JHF and PRHI control the website from its offices within the Commonwealth of Pennsylvania in the United States of America. the website can be accessed from any of the United States and from other countries worldwide. Because the laws of each state or country able to access the website may differ, by accessing the website both you and JHF and PRHI agree that the statutes and laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions will apply to all matters relating to use of this website. By agreeing to this Terms of Use agreement, you submit to jurisdiction in Pennsylvania and further agree that any cause of action arising under these Terms of Use shall be brought exclusively in any state or federal court located in Pittsburgh, Pennsylvania under federal law and the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions.
JHF and PRHI makes no representation that materials on the website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws.
About the Privacy Statement
We pay special attention to privacy issues. You should exercise caution when deciding to disclose any sensitive information on this website. JHF and PRHI may make some of your personal information publicly available, such as your name, photo, job title, organization name, city, state, and country. These uses are more fully described in our Privacy Statement and the Appearance Consent and Release. We recommend that you use caution when deciding whether to give out your own personal information, and that you never give out your address, phone number, date of birth or social security number. You may not give out information about an organization, a patient or another person if you do not have the express authority or permission to share that information publicly. Never submit content to the website if you do not have the express authority or permission to share that information publicly.
The purpose of our Privacy Statement is to identify the information we may collect about you, describe the uses we may make of your information and the security measures we take to protect it, and discuss your options for controlling your information. Please review the Privacy Statement for this website.
No Unlawful or Prohibited Conduct
As a condition of your use of the website, you warrant and agree that you will not use the website for any purpose that is unlawful or is prohibited by these Terms of Use. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.
Consequences; Indemnification
If you do not comply with these terms, as determined by JHF and PRHI in its sole and absolute discretion, we have the right to block your access, suspend or eliminate your registration, and remove any content or other information you have placed on our site. We may also take any legal action and/or report uploaded content to the appropriate authorities if, in our sole discretion, we think such recourse is appropriate. If your use of the website or violation of this Agreement causes harm to yourself or others, you agree to defend, indemnify and hold JHF and PRHI harmless against any liability for that harm.
Reporting a Violation
Any user who believes that another user’s use of the website is in violation of these Terms of Use may report such violation to the website by using the “Contact Us” features on this website. JHF and PRHI will make the final determination in responding to any alleged violation.
General
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use and the Privacy Statement set forth the entire understanding and agreement between you and JHF and PRHI with respect to your use of this website.
Questions or Concerns About our Terms of Use
For questions or concerns about these Terms of Use, please send an email to