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WEB SITE TERMS AND CONDITIONS OF USE
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR ACCEPTANCE OF THOSE TERMS AND CONDITIONS.
1. Restrictions on Use and Ownership.
All pages within this Web site and any material made available for download (collectively the Site) are the property of Mount Auburn Hospital. The content on the Site is provided for informational purposes only.
Mount Auburn Hospital hereby grants you a nonexclusive license to use the Site solely for your personal, non-commercial use and not to use the Site to obtain materials, data, or information for purposes of gaining a competitive advantage. As a condition of your use of this Site, you warrant to Mount Auburn Hospital that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
The contents of the Site, including the text, images, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of Mount Auburn Hospital, except that you may download content from the Site to any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. For purposes of these Terms and Conditions, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited.
Persons viewing this site may not make copies of any of the materials on it for any purpose, with the sole exception of the automatic copies that your Web browser may make to a temporary cache on your computer's hard drive for ordinary private viewing purposes.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Mount Auburn Hospital.
2. Trademark Notice.
Mount Auburn Hospital and www.mountauburnhospital.org, are the trademarks and servicemarks of Mount Auburn Hospital. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
3. Procedure for Making Claims of Copyright Infringement.
In accordance with the Digital Millenium Copyright Act (17 U.S.C. § 512), Mount Auburn Hospital is registered with the United States Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to Leslie Joseph, Esq., 375 Longwood Ave., Boston, MA. 02245
4. No Medical Advice.
This Site does NOT provide Medical Advice! Nothing you learn on this Site can be considered as medical advice. The information you obtain from this Site might be inappropriate for your own situation, or might be misinterpreted. Mount Auburn Hospital assumes no responsibility for how you use the information you obtain from this Site. Also, please note that although we strive to keep our information up to date, medical information changes rapidly, and some information may be out of date. For advice about your own situation, ask your doctor!
5. Warranty Disclaimer.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MOUNT AUBURN HOSPITAL OR MOUNT AUBURN HOSPITAL'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
6. Limitation of Liability.
MOUNT AUBURN HOSPITAL AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. Accuracy and Integrity of Information.
Although Mount Auburn Hospital attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Mount Auburn Hospital so that it can be corrected. Information contained on the Site may be changed or updated without notice.
8. Confidential and Proprietary Information/Visitor Submissions.
Mount Auburn Hospital does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Mount Auburn Hospital through the Site, including e-mail and all data, images, sounds, text, and other things embodied therein, (collectively "Communications") will be deemed NOT to be confidential. By sending Mount Auburn Hospital any Communications, you grant Mount Auburn Hospital an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those Communications in and on all media now known or later developed, and you also agree that Mount Auburn Hospital is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
9. Visitor Chat Rooms and Other Interactive Areas.
Mount Auburn Hospital may, but is not obligated to, monitor or review any areas of the Site where visitors transmit or post Communications or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards, and other user forums, and the content or any such Communications. Mount Auburn Hospital, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Mount Auburn Hospital retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.
10. Links or Pointers to Other Sites.
Mount Auburn Hospital makes no representations whatsoever about any other Web site that you may access through this Site. When you access a non-Mount Auburn Hospital site, please understand that it is independent from Mount Auburn Hospital, and that Mount Auburn Hospital has no control over the content on that Web site. In addition, a hyperlink to a non-Mount Auburn Hospital Web site does not mean that Mount Auburn Hospital endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
11. Hyperlinks to This Site.
Persons constructing other Web sites may of course link to any of the pages on this Site. However, you may not copy any of the materials from this Site onto your own Web server for any reason. Also, you may not link to isolated elements on this Site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) for the purpose of "inlining" them into the context of other Web pages, or for linking such isolated elements to other Web pages. In other words, link to entire pages on this Site, or don't link at all. Any other use will be a violation of copyright and could subject you to legal action.
Web mirror sites, and commercial online services, may request written permission to cache this entire Site to their hard drives for the purpose of enabling people to access it more easily or view it more rapidly. Note, however, that under no circumstances will they be granted the right to copy parts of the Site piecemeal, but only to copy the entire Site, preserving all the interior and exterior links, and not employing any of the materials out of their original context. For permission to "mirror" the site, please send e-mail describing your request.
13. Choice of Law and Venue.
These Terms and Conditions are entered into in the State of Massachusetts and shall be governed by and construed in accordance with the laws of the State of Massachusetts, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in Boston, Massachusetts, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
14. Entire Agreement.
These Terms and Conditions constitute the entire agreement between Mount Auburn Hospital and you pertaining to the subject matter hereof. In its sole discretion, Mount Auburn Hospital may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.