Cape Cod Healthcare’s Website Terms of Use
Cape Cod Healthcare’s website, capecodhealth.org (the “Website”), is intended to provide general information about Cape Cod Healthcare and its affiliates (“Cape Cod Healthcare”), its care and research programs, and about the diseases and conditions it treats. The Website also provides links to health information that may be written by Cape Cod Healthcare staff or by outside providers and links to some external websites.
These Terms of Use (the “Terms”), which incorporate our Website Privacy Policy, govern your use of the Website. This includes any content, functionality, features, and applications provided through the Website (collectively, “Materials”). Please read the terms provided here and in our Website Privacy Policy carefully before you start to use the Website. By using the Website, you acknowledge that you have read, understood, and agree to be bound and abide by our Terms (including the Website Privacy Policy), and represent that you are of legal age to form a binding contract with us and meet all of the eligibility requirements in these terms. If you do not agree to the Terms or if you violate them, you may not access or use the Website.
THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT ALL DISPUTES TO MANDATORY INDIVIDUAL ARBITRATION AND NOT TO BRING ANY CLAIM AS A CLASS ACTION. PLEASE SEE SECTIONS 10-13 BELOW FOR MORE INFORMATION ABOUT ANY DISPUTE INVOLVING OUR WEBSITE.
Cape Cod Healthcare reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms at any time, and by using the Website after the posting of a modification, you accept the modification. Whenever a change is made to these Terms, we will update the information on this page, so please review this page regularly.
1. Our Materials; No Medical Advice Given
The Website is provided for INFORMATIONAL PURPOSES ONLY and does not attempt to practice medicine or provide specific medical advice, nor does the use of the Website establish a doctor-patient relationship. The content of this website, such as graphics, images, text and all other materials, is provided for reference and educational purposes only. The content is not meant to be complete or exhaustive or to be applicable to any specific individual’s medical condition. For medical treatment or answers to personal questions, please consult with a qualified health care professional. For advice about your own care, please consult with your doctor.
2. Liability
You assume full responsibility for using the information offered by the Website, and you understand and agree that Cape Cod Healthcare is not responsible or liable for any claim, loss, or damage resulting from its use by you or any user. Cape Cod Healthcare assumes no duty to correct or update the Website nor to resolve or clarify any inconsistent information on the Website. While we try to keep the information on the Website as accurate as possible, we disclaim any warranty concerning its accuracy, timeliness, and completeness, and any other warranty, express or implied, including warranties of merchantability or fitness for a particular purpose.
Cape Cod Healthcare also does not warrant that the Website will be error- or virus-free, or accessible at all times, and does not guarantee against unauthorized users or hackers attempting to obtain access to the website. We may terminate your access to the Website in our sole discretion, at any time, and without prior notice. We may also remove any content from the Website for any reason, without prior notice. We may continue to store content removed from the Website, including, without limitation, to comply with certain legal obligations, but we may not be able to provide this information without a valid court order or similar legal process.
Cape Cod Healthcare does not intentionally or knowingly collect personal information from children under age 18. If you are under the age of 18, please consult a parent or guardian for help in using this website.
3. Restrictions on Use
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Website to human readable form or create derivative works based upon the Website or any part thereof; (b) disable any licensing or control features of the Website; (c) introduce into the Website any virus or other code or routine intended to disrupt or damage the Website, or alter, damage or delete any Materials, or retrieve or record information about the Website or its users; (d) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Website or Materials; (e) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Website to others; (f) use, or allow the use of, the Website or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; (g) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Website; (h) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; (i) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any junk mail, spam or any other similar solicitation; (j) access or use the Website by means of any automated program, expert system, electronic agent or bot; (k) engage in any attempted or actual unauthorized access to any portion of the Website; or (l) scrape, copy, republish, license, or sell the data or information on the Website for commercial purposes. Except as expressly provided herein, we and our third party licensors reserve all rights with respect to the Website, and may pursue all legally-available recourse (and may cooperate with law enforcement agencies) in the event of any violations of our Terms.
4. User Content
You hereby grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use and display the information and materials that you provide to us through the Website as reasonably necessary to provide the Website to you and your organization (if applicable), subject to our Website Privacy Policy.
You agree that we are free to use any feedback, ideas, or suggestions (“Feedback”) that you provide to us about the Website for any purposes whatsoever without any restriction, including developing and marketing new products, services, and features without any liability or payment of any kind to you. You waive all intellectual property rights in any Feedback.
5. Privacy
We maintain information we collect through the Website in accordance with our Website Privacy Policy. However, the Website Privacy Policy does not govern how we use your protected health information (“PHI”), as defined under the Health Insurance Portability & Accountability Act (“HIPAA”) and related regulations. That information is governed by Cape Cod Healthcare’s Notice of Privacy Practices. If you have any questions about Cape Cod Healthcare’s Notice of Privacy Practices, please contact us at (1-800-892-9205) or by email at complianceoffice@capecodhealth.org.
6. Our Intellectual Property Rights
We grant you a limited license to make personal use only of the Website for lawful purposes in accordance with our Terms. Unless otherwise stated, users may print or download information from the Website for personal, non-commercial use only. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale, or other commercial use of the Website, making any derivative use of the Website, and the collection and use of information, including, without limitation, health information or data extraction and data mining.
The Website contains Materials owned or licensed by us, including name, logo, text, images, audio/visual works, icons and scripts, and other materials provided on or through the Website. Except as provided above, none of the Materials may be copied, distributed, displayed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, used to create a derivative work, or transmitted in any form or by any means without prior written permission from us or the third-party owner. Unauthorized use of any Materials provided by the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. Trademarks and service marks that may be referred to in the Website are our property of Cape Cod Healthcare or their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission.
All copyrightable text, graphics, design, selection, and arrangement of information in this website are copyrighted by Cape Cod Healthcare unless otherwise noted.
7. Reporting Copyright Infringement and Other Violations
We prohibit users of our Website from submitting, uploading, posting or otherwise transmitting any materials that violate another person's intellectual property rights or these Terms. For allegations of copyright infringement or any other issues, please notify us at complianceoffice@capecodhealth.org or call the Compliance Reporting Line (1800-892-9205).
8. Third Party Content
To provide you with resources, the Website may contain links to external websites not operated by Cape Cod Healthcare. We do not control these websites or endorse any information, products, or services provided by these third parties. These Terms do not apply to linked external websites.
9. Linking to our Website
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Website may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Website; send communications with certain content, or links to certain content, using the Website; or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Website that is inconsistent with these Terms. We may disable any social media features and any links at any time without notice in our sole discretion.
10. DISCLAIMERS
YOUR USE OF THE WEBSITE AND MATERIALS IS AT YOUR OWN RISK. THE WEBSITE AND ALL MATERIALS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAPE COD HEALTHCARE DISLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
CAPE COD HEALTHCARE DOES NOT CONTROL THE DEVICES, COMPUTERS, OR INTERNET OVER WHICH YOU MAY CHOOSE TO ENTER CONFIDENTIAL OR PERSONAL INFORMATION AND CANNOT, THEREFORE, PREVENT INTERCEPTION OR COMPROMISE OF YOUR INFORMATION IN TRANSIT.
11. LIMITATIONS OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. UNDER NO CIRCUMSTANCES WILL CAPE COD HEALTHCARE BY LIABLE IN ANY WAY FOR YOUR USE OF THE WEBSITE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL CAPE COD HEALTHCARE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnification
You agree that you will be responsible for any damages resulting from your violation of these Terms. You further agree to indemnify and hold Cape Cod Healthcare, and our officers, directors, agents, employees, contractors, and service providers, harmless from any claim or demand made by any third party due to or arising out of: (i) your breach of these Terms; (ii) your unauthorized activities in connection with the Website, including any violation of any law or the rights of any third party in connection with your use of the Website; or (iii) information that you provide to us through the Website. Such indemnification shall include reasonable attorneys’ fees incurred by Cape Cod Healthcare and our officers, directors, agents, employees, contractors, and service providers.
13. Governing Law; Arbitration and Class Action Waiver
These Terms and any dispute in connection with the Website shall be governed by the laws of the Commonwealth of Massachusetts without regard to its rules on conflicts or choice of law. Except with respect to mandatory arbitration as provided below, you hereby consent to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts for the resolution of any dispute relating to these Terms or the Website, and you waive any right of removal or transfer. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (“UCITA”) are expressly excluded from these Terms.
Excluding claims by Cape Cod Healthcare for injunctive or other equitable relief, any claims related to these Terms or the Website, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of the Terms, shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall be administered by JAMS and take place in Boston, Massachusetts. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction.
Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. You and Cape Cod Healthcare agree to keep confidential any arbitration award, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, except to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
14. The Website Is Controlled from the USA
The Website is operated from the United States. We make no representation that content or materials in the Website are appropriate or available for use in other jurisdictions. Access to the Website from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Website from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
15. Entire Agreement; Severability
You acknowledge that you have read and understood and agree to be bound by these Terms. You further agree that these Terms, together with our posted Website Privacy Policy, which is incorporated into these Terms by reference, constitute the complete and exclusive statement of the agreement between you and us. If any provision of these Terms is found to be unenforceable, it shall not affect the validity of the remainder of these Terms, which otherwise shall remain valid and enforceable. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Website.
16. Contact Information
If you have any questions, concerns, or comments about our Website, please contact us at webmaster@capecodhealth.org or call 508-862-5474.
