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Terms of Use

TERMS OF USE

 

Welcome to www.sustainabilityroadmap.org which is operated by the American Hospital Association (the “AHA”). As a User of the Site (see term definitions, below), you acknowledge and agree that you have read, understand, and agree to be bound by the terms and conditions set forth in these Terms of Use (the “Terms of Use”).   The term “ Site” is used in the Terms of Use to refer to the website www.sustainabilityroadmap.org and all content and functionality available through the website.  The term “ User” is used in the Terms of Use to include any party visiting or viewing the contents of the Site; sending or supplying information to the Site or the AHA; and any party uploading, publishing or displaying information on or through the Site. The Terms of Use apply to all Users of the Site.  

PLEASE READ THE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING WITHOUT LIMITATION, VARIOUS LIMITATIONS AND EXCLUSIONS.

THE AHA RESERVES THE RIGHT, IN ITS SOLE DISCRETION TO CHANGE, MODIFY, ADD, AND DELETE PORTIONS OF THE TERMS OF USE AT ANY TIME WITHOUT FURTHER NOTICE.  ANY SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS OF USE.  YOU AGREE TO REVIEW THE TERMS OF USE PERIODICALLY AND TO BE AWARE OF SUCH MODIFICATIONS.  YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS OF USE.

1. Site Content.  All content on the Site, including without limitation, data, designs, text, files, graphics, pictures, video, information, applications, software, and other materials, and their selection and arrangement (the “Site Content”), is the proprietary property of the AHA, its users or its licensors with all rights reserved.  As between you and the AHA, the AHA is the sole owner of all Site Content, including all copyrights, trademarks, and other intellectual property rights.  No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the AHA's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.  Subject to your compliance with the Terms of Use, you may access and use the Site and the Site Content and download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.  Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.  Such right is subject to the Terms of Use and does not include use of any data mining, robots, or similar data gathering or extraction methods.  Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the AHA, is strictly prohibited and you will no longer be permitted to access and use the Site and the Site Content.  Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated herein, nothing in the Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.  The AHA reserves the right, in its sole discretion, to restrict, suspend, or terminate your access and use of the Site and the Site Content at any time without notice. 

2. User Content.  You are solely responsible for the transmission, accuracy, completeness, ownership, and publication of all information (other than personal information, which is governed by the Privacy Policy for the Site [link the words “Privacy Policy” through to the Privacy Policy for the Site]), including data, designs, text, files, graphics, pictures, video, information, and other materials (“User Content”) that you transmit to the Site or supply the AHA and/or upload, publish or display on or through the Site, or transmit to or share with others.  You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post.  

You understand and agree that the AHA reserves the right to, but is not obligated to, monitor, review, or edit Site Content or User Content and may delete or remove (without notice) Site content or User Content in its sole discretion, for any reason or no reason, including Site Content or User Content that in the sole judgment and discretion of the AHA violates the Terms of Use, or which might be illegal, undesirable, inappropriate, or inaccurate.  The AHA is not responsible for any decision, lack of decision, or delay in editing or removing Site Content or User Content.  You are solely responsible at your sole cost and expense for creating backup copies and replacing any Site Content or User Content.

You authorize and direct the AHA to make such copies of User Content as it deems necessary in order to facilitate the posting and storage of the User Content on the Site.  You grant, and you represent and warrant that you have the right to grant, to the AHA an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, reformat, translate, adapt, excerpt (in whole or in part) and display such User Content on or in connection with the Site or the promotion thereof.  You may remove your User Content from the Site at any time.  The AHA does not assert any ownership over your User Content; rather, as between you and the AHA, subject to the rights granted to us in the Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

3.  Representations and Warranties.  You represent, warrant, and agree that the User Content does not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material.

In addition, you agree not to:

  • Use the Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site;
  • Upload, post, transmit, share, store or otherwise make publicly available any content that the AHA deems in its sole discretion to be undesirable, inappropriate, inaccurate, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, offensive, vulgar, profane, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • Harvest or collect email addresses or other contact information of other Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • Use automated scripts to collect information from or otherwise interact with the Site;
  • Register for a User account on behalf of any party other than yourself;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • Upload, post, transmit, share, store or otherwise make publicly available any unsolicited or unauthorized advertising, solicitations, promotional materials, “ junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Upload, post, transmit, share, store, or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Solicit personal information or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Upload, post, transmit, share, store or otherwise make publicly available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Intimidate, attack, or harass another User;
  • Upload, post, transmit, share, store, or otherwise make publicly available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • Access User Content through any technology or means other than authorized means designated by the AHA;
  • Use or attempt to use or access another’s account, service or system without authorization from the AHA, or create a false identity on the Site;
  • Upload commercial messages on the Site such as advertisements or solicitations of business;
  • Encourage or direct other Users to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another’s business, or other conduct intended to illegally restrict free trade;
  • Upload any material that encourages or facilitates an agreement regarding the following subjects: prices, discounts, or terms or conditions of sale; boycotts; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or the selection, rejection, or termination of customers or suppliers;
  • Send any message to inappropriate Users;
  • Post any information or other material protected by copyright without the permission of the copyright owner;
  • Send administrative messages, such as “remove me from the list”, through the Site. 

Also, you agree to:

  • Include a signature tag on all messages.  Include your name, affiliation, and location.
  • State concisely and clearly the topic of your comments in the subject line.  This allows Users to respond more appropriately to your posting and makes it easier for other Users to search the archives by subject. 
  • Include only the relevant portions of the original message in your reply.  Delete any header information, and put your response before the original posting.
  • Only send a message to the entire list when it contains information that everyone can benefit from. 
  • Send messages such as “thanks for the information” or “me, too” to individuals, not to the entire list.
  • Warn other Users of lengthy messages either in the subject line or at the beginning of the message body with a line that says “Long Message.” 

4.  Digital Millennium Copyright Act.  If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, please submit a notification pursuant to the Digital Millennium Copyright  Act (the “DMCA”) by providing our copyright agent (see below), with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have 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 is claimed 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 the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 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.

Your notice must be sent to AHA’s designated copyright agent (the “Copyright Agent”) as follows:
American Hospital Association
Attn:  Office of General Counsel - DMCA
155 N. Wacker Dr., Suite 400
Chicago, IL  60606

Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (www.chillingeffects.org) for publication.  For clarity, only DMCA notices should go to the Copyright Agent and any other feedback, comments, requests for technical support, and other communications should be directed as provided in the contact information, below.  You acknowledge that if you fail to comply with all of the foregoing requirements, your DMCA notice may not be valid.

The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question in ten (10) to fourteen (14) business days or more after receipt of the counter-notice at AHA’s discretion.

To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

  • Identify the specific URLs or other unique identifying information of material that AHA has removed or to which AHA has disabled access.
  • Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Cook County, IL if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  • Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."

Sign the paper and send to the Copyright Agent at the address, above.

5.  Return Policy.  Any products purchased through the Site must be returned to the AHA within thirty (30) days of the date the product was received.  Such product must be in the same condition that it was in when shipped by the AHA.  You must include a copy of the packing slip with a brief explanation of the reason the product is being returned.  Please indicate whether you are requesting a replacement product, a credit, or a refund.         

6.  Links.  The Site may contain links to third party websites that are not owned or controlled by the AHA.  The AHA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the AHA will not and cannot censor or edit the content of any third party websites.  By using the Site, you expressly waive any rights to bring a lawsuit for any losses arising from, relating to, or concerning your use of any third party website.  Accordingly, the AHA encourages all Users to be aware when you leave the Site and to read the terms and conditions and privacy policy of each website that you visit.

7.  Availability of Sites. The Site may be temporarily unavailable from time to time for maintenance or for any other reason whatsoever.  The AHA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. The AHA is not responsible for any technical malfunction or other problems of any computer systems, servers or providers or traffic congestion on the Internet, including without limitation, injury or damage to User’s or to any other person’s computer.  UNDER NO CIRCUMSTANCES WILL THE AHA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY USER CONTENT OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE, ANY USER CONTENT OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT POSTED ON OR THROUGH THE SITE, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.

8.  No Data Storage/Shared Server.  The Site is not a tool for storing or preserving User Content.  The AHA expressly disclaims any liability for lost or deleted Site Content or User Content.  You shall not rely on the AHA for preservation of any Site Content or User Content, and shall maintain all Site Content or User Content in a separate manner.  All Site Content and User Content is posted on a shared server.  You acknowledge that there is no assurance that Site Content or User Content will remain confidential and there is no assurance that Site Content or User Content will not be lost or deleted.       

9. Warranty Disclaimer.  THE AHA DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGMENT.  THE AHA FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE AND ITS CONTENTS AND DOES NOT ENDORSE ANY USER CONTENT.  THE AHA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY USER CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.  THE AHA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE AHA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10.  Limitation of Liability.  Under no circumstances will the AHA or its affiliates be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of the Terms of Use or your use of the Site.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE AHA SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

11.  Indemnity.  You agree to defend, indemnify, and hold harmless the AHA, its owners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of the Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.  This Section 12 shall indefinitely survive the termination of the Terms of Use and your use of the Site.

12.  Privacy Policy.  Click here to review the  Privacy Policy for the Site, which is incorporated into the Terms of Use by reference.    

13.  Contact Information.  If you have any questions or comments about the Terms of Use, please contact us by clicking here.      

14.  Miscellaneous.  Failure by the AHA to enforce any provision(s) of the Terms of Use shall not be construed as a waiver of any provision or right.  The Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules.   All claims and disputes arising out of the Terms of Use, the Privacy Policy, or use of the Site, other than an action for specific performance or injunctive relief brought by the AHA, shall be exclusively brought in the federal, state or local courts located in Chicago, Illinois; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts.  If any provision of the Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect.  The User may not assign, transfer, or otherwise convey any rights granted hereunder; provided that, the AHA may assign any of the foregoing without notice or prior written consent.  The Terms of Use shall inure to the benefit of the AHA, its successors and assigns.  The Terms of Use, the Privacy Policy, and any other legal notices published by the AHA on the Site, shall constitute the entire agreement between you and the AHA regarding the use of the Site.

 

 


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