 |
Agreement for Use of This Service
All of the webpages related to the domain
constitute an online information and communications service and internet site
(the "Service") provided by The Children’s Hospital of Philadelphia ("CHOP")
and other sources. Use of the Service is governed by the terms and conditions
of this Agreement. Please read this Agreement carefully before accessing or
using the Service. Throughout this Agreement, The Children’s Hospital of
Philadelphia is referred to as "CHOP," "we," or "us."
By accessing or using the Service, you agree to be
bound by all of the terms and conditions of this Agreement. This Agreement is
intended to be fully effective and binding on you and on us. BY USING THE SERVICE,
YOU ACCEPT THESE TERMS OF USE.
Copyright
Copyright 1996-2007 by The Children’s Hospital of
Philadelphia. ALL RIGHTS RESERVED. Text, graphics and HTML code are protected
by U.S. and international copyright laws. The marks "The Children’s Hospital of
Philadelphia," "CHOP," "CHOP Connection," "Kids First," the CH logo and the
tumbler logos are marks of CHOP.
The materials on the Service are copyrighted by us and/or by other applicable
rights holders. You may download and reprint a single copy of the materials from
the Service for your own personal, noncommercial use only, provided you include
all applicable notices and disclaimers. Any other use of the materials is strictly
prohibited without our prior written permission and the permission of the applicable
rights holder(s).
This site contains HIV prevention messages that may not be appropriate for all audiences.
Terms of Use
CHOP offers the Service for general informational and educational
purposes only. Nothing related to the Service is intended as medical advice nor should be
used for diagnosis or treatment apart from consultation with a qualified healthcare
professional. The Service is not intended to create any physician-patient relationship,
nor should it be considered a replacement for consultation with a healthcare professional.
If you have questions or concerns about your health, please contact your healthcare
professional. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
THE SERVICE AND ANY INFORMATION PROVIDED ON THE SERVICE ARE NOT INTENDED TO CONSTITUTE THE
PRACTICE OF OR FURNISHING OF MEDICAL, NURSING, OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS,
CONSULTATION OR TREATMENT OR SERVICES IN ANY JURISDICTION. YOU UNDERSTAND AND AGREE THAT IN
NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER USER OF THE SERVICE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES,
FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING
IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR
INFORMATION PROVIDED ON OR THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND
EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. WHILE CHOP
HAS ENDEAVORED TO MAKE SURE THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, WE CANNOT
GUARANTEE THE ACCURACY OF SUCH INFORMATION, AND IT IS PROVIDED WITHOUT WARRANTY OR GUARANTEE OF ANY KIND.
We make no representations regarding the presence on the Web Site of viruses, Trojan horses, worms, or other harmful, disruptive, or destructive files. While we will make reasonable efforts to prevent such files from appearing on the Web site and to remove any such files that do appear, we can make no assurances that such files may not be present or appear and we explicitly disclaim any responsibility for any such files and for any damage or effects caused by such files by reason of access to the Web site.
You agree to indemnify CHOP and any of our parent or subsidiary companies
or organizations, and any of our successors, assigns or licensees, together with any of their
respective officers, directors and employees, against any damages, losses, liabilities, judgments,
costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a
third party relating to your use of the Service, or any breach or violation of this Agreement
or any other term or condition contained on the Service.
Intellectual Property Rights
CHOP is the owner of all content prepared for, or used on, the www.chop.edu Web site, unless superceded by another agreement, (such as slides from Grand Rounds presentations). "Content" means all text, images, files, videos, designs, layouts, color schemes, concepts, methods, techniques, process and data used in connection with, displayed on, or collected from or through the site. CHOP is the owner of the Kids Health Galaxy name and all associated images.
Bulletin Boards
Bulletin Board submissions will be reviewed before posting, and edited
in our sole discretion. Submissions may be reviewed only once each business day or less
frequently, and no material of an urgent nature should be submitted. IF YOU THINK YOU MAY
HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. There is no guarantee or
expectation of a personal response to any individual submission, regardless of the
subject matter. Submission of material to a Bulletin Board is no guarantee that all
or any part of a message will be posted, which is in our sole discretion.
You warrant that all submissions to the Bulletin Board are your original work and are
not taken from other sources without permission, and that they contain no defamatory,
malicious, or false content. Submission to a Bulletin Board is in itself express
permission for us to post the submission, and you grant us a royalty-fee, perpetual,
irrevocable license to use and reuse all or part of any submission in any legal way
in our discretion in any medium. If we determine, in our sole and absolute discretion,
that you have breached any of your obligations under this Agreement, then, in addition
to and not in lieu or limitation of any other right or remedy we may have, we may advise
you that you have violated this Agreement; and/or delete or remove any communications or
content furnished or posted by you to the Service; and/or discontinue your registration
and remove you as a registered member; and/or block your access to the Service; and/or
notify and/or send communications or content to and cooperate with applicable law
enforcement authorities; and/or take any other action we deem appropriate. CHOP
expects compliance with the posted Rules and Regulations for Bulletin Board Use.
General
CHOP is located in Philadelphia, Pennsylvania, in the United States of
America. CHOP makes no claims that the Service is appropriate or may be downloaded outside of
the United States. Access to the Service may not be legal by certain persons or in certain
countries. If you access the Service from outside the United States, you do so at your own
risk and are responsible for compliance with the laws of your jurisdiction. The following
provisions survive the expiration or termination of these Terms and Conditions for any
reason whatsoever: Terms of Use, Bulletin Boards, Jurisdiction, Indemnity, and Complete Agreement.
Jurisdiction
You expressly and irrevocably agree that exclusive jurisdiction
for any dispute with CHOP, or in any way relating to your use of the Service resides
in the courts of the Commonwealth of Pennsylvania and you further agree and expressly
consent to the exercise of personal jurisdiction in the courts of the Commonwealth of
Pennsylvania in connection with any such dispute including any claim involving CHOP,
or CHOP’s parent corporation, affiliates, subsidiaries, employees, contractors,
officers, directors, telecommunication providers, and content providers.
You agree that any legal proceeding against CHOP related to
the Service shall be filed and tried only in the Court of Common Pleas for Philadelphia
County, Pennsylvania, United States of America. Both parties hereby expressly waive any
right to a jury trial in any such proceeding.
These Terms and Conditions are governed by the internal substantive
laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws or choice
of laws principles. If any provision of these Terms and Conditions is found to be invalid by
any court having jurisdiction, then the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms and Conditions, which shall remain in
full force and effect. No waiver of any of these Terms and Conditions shall be deemed a
further or continuing waiver of such term or condition or any other term or condition.
Complete Agreement
Except as expressly provided in a particular "legal notice" on the
Service, these Terms and Conditions constitute the entire agreement between you and CHOP
with respect to use of the Service.
Please also read our Privacy Policies.
Contact Information
If you have any questions about these terms of use or the practices
of this site, please contact our Web Access Center at wac@email.chop.edu.
|
|
