- Applicability of These Terms and Conditions
Your access to and use of this BuildersInHealthcare.org Web site and information, documents, tools, software applications, materials made available through this Web site, including, without limitation, the graphics, icons, and overall appearance of this Web site, (collectively, including this Web site, the “Contents”), are subject to the terms and conditions set forth herein (“Terms and Conditions”). By accessing or using the Contents, you, individually or on behalf of the entity using your services, (“You”) agree to these Terms and Conditions, as amended from time to time without notice by BuildersInHealthcare.org.
- Ownership and Reservation of Rights
All Contents are the property of BuildersInHealthcare.org or used under license. BuildersInHealthcare.org does not waive any of its proprietary rights therein including, but not limited to, copyrights, trademarks, and other intellectual property rights. The availability of any Contents through this Web site shall under no circumstance constitute a transfer of any copyrights, trademarks, or other intellectual property rights of BuildersInHealthcare.org to any Web site user or any third party.
This Web site and the Contents are protected by U.S. and international copyright laws, both as individual works and as a compilation. You may not delete any copyright or similar notice from any Contents you obtain from this Web site.
Except as authorized under Section 4 below, the Contents may not be used for any purpose other than internal business purposes without the prior written consent of BuildersInHealthcare.org.
Unauthorized attempts to upload, extract or otherwise “scrape” Contents, change the Contents, access BuildersInHealthcare.org or third party servers hosting the Contents, are strictly prohibited, constitute unauthorized access and/or access in excess of authorization, and may be subject to prosecution.
- No Warranties; Limitation of Liability
THIS WEB SITE (INCLUDING ALL CONTENTS) IS PROVIDED “AS IS.” BUILDERSINHEALTHCARE.ORG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR, AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES RELATED TO, THE CONTENTS OR THIRD PARTY WEB SITES OR FOR ANY PRODUCTS OR SERVICES MENTIONED OR OFFERED IN THE CONTENTS OR IN THIRD PARTY WEB SITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
BUILDERSINHEALTHCARE.ORG SHALL NOT BE LIABLE FOR ANY ERRORS CONTAINED HEREIN OR FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THIS WEB SITE (INCLUDING ALL CONTENTS AND THIRD PARTY WEB SITES AND CONTENTS ACCESSED THEREFROM), OR THE INABILITY TO USE THE SAME, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF BUILDERSINHEALTHCARE.ORG IS AWARE OF THE POSSIBILITY OF SUCH ERRORS OR DAMAGES.
The Contents are further subject to change without notice. BuildersInHealthcare.org expressly disclaims any obligation to keep the Contents up to date or free of errors or viruses, or to maintain uninterrupted access to this Web site.
- Software Applications End-User License Agreement
This Web site provides access to certain BuildersInHealthcare.org technology applications, including external website plugins and software applications the use of which is governed by certain license agreements. In the event of a conflict between such agreements and these Terms and Conditions, such agreements shall govern. The fact that a provision appears here but not in such agreements shall not be interpreted as, or deemed grounds for finding, a conflict for purposes of this paragraph.
Access to and use of BuildersInHealthcare.org proprietary software applications made available through this Web site not otherwise subject to such specific license agreements (“Software Application(s)”) are subject to these Terms and Conditions and the terms and conditions set forth in this Section 4 (“Software Applications End-User License Agreement”):
Upon successful access to a Software Application BuildersInHealthcare.org hereby grants You a non-exclusive, limited, royalty-free, and revocable license to use such Software Application for internal business purposes in the United States of America and its Territories, provided that You do not: (i) modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Software Application; (ii) use the Software Application for service bureau or time-sharing purposes or in any other way allow third parties to exploit the Software Application; (iii) share personal access credentials to the Software Application; or (iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Software Application’s source code.
4.2. Maintenance; Updates and Upgrades
Absent a specific license agreement in place contemplating maintenance and support services, BuildersInHealthcare.org may provide or terminate support and maintenance services for the Software Application at its sole discretion.
In addition to the disclaimers and limitations of liability set forth in Section 3 incorporated herein by reference, BuildersInHealthcare.org does not warrant that the Software Application will perform without error, that it will run without immaterial or material interruption, that it will meet Your requirements nor that data generated by or contained in the Software Application will be accurate or complete.
4.3. Term & Termination
You may elect to, and BuildersInHealthcare.org may, terminate this Software Applications End-User License Agreement for a Software Application for convenience. Further, this Software Applications End-User License Agreement for a Software Application will automatically terminate when Your access to that Software Application is terminated, including as a result of BuildersInHealthcare.org retiring the Software Application at its discretion. Upon termination, the licenses granted in Section 4.1 (“License”) will terminate and You will cease all use of the Software Application and delete all copies thereof in Your possession or control, as applicable.
You will ensure that each password issued to You by BuildersInHealthcare.org is securely maintained and used only by the end user to whom it has been issued. You will immediately notify BuildersInHealthcare.org if an end user registered by You ceases to be authorized to access the Software Applications, including as a result of such end user no longer being employed by You. BuildersInHealthcare.org is under no obligation to provide access to any end user and reserves the right at any time to change or revoke passwords.
- User Contributions
5.1. Unsolicited Ideas
BuildersInHealthcare.org will not be obligated to anyone disclosing unsolicited ideas to BuildersInHealthcare.org personnel. The purpose is to avoid potential misunderstandings or disputes when BuildersInHealthcare.org’s business activities are similar to ideas submitted to BuildersInHealthcare.org.
Absent any written agreement to that effect, the disclosure of ideas to BuildersInHealthcare.org for new products, enhancements, features, innovations or inventions, or of any ideas of any sort that may be related to BuildersInHealthcare.org’s business, is governed by the following terms:
- org is in no way obligated to the disclosing party,
- org is not obligated to keep the idea disclosure confidential,
- org is not obligated to compensate the disclosing party for use of the idea, and
- org expects that, if the disclosing party wants to protect his/her ideas, he/she will have filed a patent application prior to the submission of such ideas to BuildersInHealthcare.org.
If You are a third party not otherwise subject to an agreement with BuildersInHealthcare.org governing such disclosures, You must agree to these terms prior to contacting any BuildersInHealthcare.org staff and execute and submit the Unsolicited Ideas Disclosure Agreement. If You still submit your ideas to BuildersInHealthcare.org without submitting the Unsolicited Ideas Disclosure Agreement, then regardless of what You or Your letter say, the above terms shall apply to Your idea submission.
If You do not agree to these terms, do not contact any BuildersInHealthcare.org personnel about Your idea.
5.2. Commenting Policy
We appreciate and encourage lively discussions on this Web site. While we value openness and diverse points of view, all comments should be appropriate for people of all ages and backgrounds. We do not tolerate and will remove any comment that does not meet standards of decency and respect, including, but not limited to, posts that:
- are indecent, hateful, obscene, defamatory, vulgar, threatening, libelous, profane, harassing, abusive, or otherwise inappropriate
- contain terms that are offensive to any group based on gender, race, ethnicity, nationality, religion, or sexual orientation
- promote or endorse a product, service, or vendor
- are excessively repetitive, constitute “SPAM” or solicitation, or otherwise prevent a constructive dialogue for others
- are factually erroneous or misleading
- threaten the privacy rights of another person
- infringe on intellectual property and proprietary rights of another, or the publication of which would violate the same
- violate any laws or regulations
We reserve complete discretion to block or remove comments, or disable access privilege to users who do not comply with this policy. The fact that a comment is left on this Web site does not indicate BuildersInHealthcare.org’s endorsement or support for the content of the comment.
BuildersInHealthcare.org does not commit to reviewing all information and materials submitted by users of this Web site for consideration or publication by BuildersInHealthcare.org (“User Generated Contents”). Personal information contained in User Generated Contents is subject to BuildersInHealthcare.org’s Privacy Statement available here. BuildersInHealthcare.org shall have otherwise no liability or obligation with respect to User Generated Contents and may freely copy, adapt, distribute, publish, or otherwise use User Generated Contents without any duty to account.
5.2. Notice of Alleged Infringement
If you believe that any content infringes your intellectual property, notification should be provided to the website administrator via the Email-adress firstname.lastname@example.org. Your notice should contain the following information and any additional information appropriate to assist BuildersInHealthcare.org:
- Identification of the copyrighted work claimed to have been infringed and a copy or link to the work.
- Identification of the material claimed to be infringing and a copy or link to the material.
- Your name, address, telephone number, and email address (if applicable) at which you may be contacted.
- A statement that you, in good faith, believe that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- A physical or electronic signature of the person submitting the notice of the alleged infringement.
- Linking Conditions
6.1. General Obligations
Subject to the limitations set forth below, links may be established to the main areas, sub-directories, and featured areas of this Web Site (“deep linking”).
When linking to this Web site, You:
- Should not create frames around the Web site or use other techniques that alter the visual presentation of the Web site, except as provided below.
- Should not imply that BuildersInHealthcare.org is endorsing You or Your products or services.
- Should not imply an affiliation between Your company and BuildersInHealthcare.org without the prior written consent of BuildersInHealthcare.org.
- Should not misrepresent Your relationship with BuildersInHealthcare.org or present false or misleading impressions about BuildersInHealthcare.org’s products or services.
- Should not publish materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups.
If You link to this Web site in conformance with the foregoing, BuildersInHealthcare.org grants You a limited, non-exclusive, non-transferable, royalty-free license to use the BuildersInHealthcare.org word mark and/or name of the Web site or Software Application (the “Licensed Mark”) solely for the purpose of serving as a link from Your web site or other electronic publication to the Web site and its Contents. Logos, including the BuildersInHealthcare.org logo, are not licensed hereunder and may not be used by You in connection with the linking described herein, without BuildersInHealthcare.org’s prior written permission. Except for the limited license to use the Licensed Mark granted in this paragraph, You may not use any of BuildersInHealthcare.org’s trademarks or service marks in commerce (the “Marks”) without BuildersInHealthcare.org’s prior written permission.
You acknowledge that all rights to the Marks belong to BuildersInHealthcare.org and/or its third party licensors. You will not at any time directly or indirectly contest or infringe these rights.
BuildersInHealthcare.org shall have no responsibility or liability for any content appearing on Your web site or electronic publication.
BuildersInHealthcare.org may at any time, in its sole discretion, immediately terminate Your license to use the Licensed Mark and Your right to link to the BuildersInHealthcare.org Web sites, with or without cause. If BuildersInHealthcare.org exercises this right, You will immediately remove all links to the BuildersInHealthcare.org Web sites and cease using the Licensed Mark.
6.2. Links to Password-Protected Areas
Some areas of this Web site may be accessible only by entering a BuildersInHealthcare.org-authorized user ID and password (the “Password-Protected Areas”).
The Password-Protected Areas contain applications, manuals, forms, and other documents or programs (collectively, the “Licensed Products”) available for use only by lenders, originators or other businesses (the “Licensed Users”) that have entered into a currently effective license agreement (the “License Agreement”) with BuildersInHealthcare.org to use the Licensed Products. Only Licensed Users of a Licensed Product may create links to and create frames around Web pages located in Password-Protected Areas that contain the Licensed Product, subject to the conditions described below:
- Links to pages within Password-Protected Areas will be governed by all of the BuildersInHealthcare.org Linking Conditions described above and below and by the terms of the License Agreement regarding the Licensed Products. By establishing a link to Password-Protected Areas, You will be deemed to have agreed to all of these terms.
- A Licensed User may create a link from its Web site to Password-Protected Areas only for the Licensed User’s own internal business purposes. A Licensed User may not use a Licensed Product located in a Password-Protected Area to provide services to third parties, other than third parties who are also Licensed Users of the Licensed Product, except to the extent such services are permitted under the License Agreement for the Licensed Product.
- Links to pages within Password-Protected Areas may be established only from secure pages on Your Web site (namely, pages that require an ID and password for access), which are not accessible to the general public.
- If You create frames around pages within Password-Protected Areas, You must submit for BuildersInHealthcare.org’s prior review and approval screen shots displaying the method by which You will frame the Web Site. BuildersInHealthcare.org may withhold its approval in its sole discretion.
- If You have questions about how to link to Password-Protected Areas that are not answered in our Link Instructions for Password-Protected Areas, please contact your BuildersInHealthcare.org technology representative.
- BuildersInHealthcare.org Profile Web Site
Your use of the BuildersInHealthcare.org Profile Web site is subject to the terms and conditions set forth in these Terms and Conditions. By using the BuildersInHealthcare.org Profile Web site, You agree to such terms and conditions. Downloading, using, printing and copying of the Contents available through the BuildersInHealthcare.org Profile Web site are permitted for individual, non-commercial use and for use by individuals and entities, such as real estate agents, transacting business with BuildersInHealthcare.org to facilitate such business transactions.
With respect to BuildersInHealthcare.org’s retention, sharing, and use of personal information collected on the Web Site, these Terms and Conditions incorporate BuildersInHealthcare.org’s Privacy Notice available here.
Use of and references to BuildersInHealthcare.org’s trademarks are generally restricted and may be used not before an approval by the administrators of this website.
- Entire Agreement
These Terms and Conditions and related pages set forth the entire agreement between BuildersInHealthcare.org and You with respect to the subject matter hereof and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect thereto.
- Applicable Laws
BuildersInHealthcare.org, or its service providers as applicable, operates this Web site from the United States of America. BuildersInHealthcare.org makes no representation that Contents in the site are appropriate or available for use in other locations, and access to Contents from jurisdictions where such access is illegal is prohibited. Those who choose to access this site do so on their own initiative and are responsible for compliance with applicable laws of their jurisdictions. These Terms and Conditions will be construed in accordance with the laws of the District of Columbia, United States of America, without regard to its conflict of law provisions.
- Copyright Notice
All Contents Copyright © 2018 BuildersInHealthcare.org, all rights reserved.