Terms

The web site located at http://commonwell.wpengine.com and related web pages (“Site”) is provided by CommonWell Health Alliance (referred to as “us”, “our”, “we” and “Company”). By accessing the Site in any manner, you (“you”, “your” or “user”) agree that you have read and agree to these Terms of Use that are posted on the Site. These Terms of Use may change. The Company reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of this Site following any such change constitutes your agreement to be bound by the modified Terms of Use. We encourage you to review these Terms of Use prior to your use of the Site.

This Site is made available to provide information regarding CommonWell activities and to facilitate information sharing between healthcare industry participants about data liquidity and interoperability.

The Site includes public blogs. Any information you include in a comment on our blog may be read, collected, and used by anyone. Do not submit content to the Site if you do not want other users to have access to it. If your personal information appears on our blogs and you’d like it to be removed, contact us info@commonwellalliance.org. If we are not able to remove your information, we’ll let you know why.

While you retain all ownership rights to the content you submit to the Site (“User Content”), by submitting User Content to the Site, you grant Company the non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sell, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You warrant you have all rights necessary or appropriate to disclose such User Content and post it to the Site.

Information on the blogs is provided in large part from users. We may not monitor or verify information posted on the blogs, and so you understand that all information posted on the blogs, or in any other portion of the Site that allows for users to generate or provide content, is provided “AS-IS”. The Site is not intended to be a forum to discuss medical diagnosis or treatment, and you should not rely on any advice or information made available via the Site as medical advice.

INTELLECTUAL PROPERTY RIGHTS NOTICE
All of the content you see and hear on the Site, including for example all images, logos, illustrations, graphics, audio clips and text, represents valuable proprietary and intellectual property of the Company or its licensors. Such content and information is protected by any and all applicable international, federal, and state laws, rules, orders and regulations relating to intellectual or proprietary property. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any such content and information. Any attempt to download, print, publish or maintain a significant portion of content or information from the Site, to distribute copies of such information or content, or to otherwise exploit the information or content in violation of the intellectual property or proprietary rights of others is strictly prohibited by these Terms of Use.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

The Company’s Digital Millennium Copyright Act takedown notice policy can be found at www.commonwellalliance.org/digital-millennium-copyright-act.

ACCEPTABLE USE OF THE SITE
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You represent, that you are more than 13 years of age, and will abide by and comply with these Terms of Service. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. You agree not to use the Site for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding and by way of example, you agree that you will not:

  • Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, without permission of the owner of such rights;
  • Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, immoral or otherwise objectionable material or information;
  • Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback system employed through the Site;
  • Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
  • Interfere with or disrupt the Site, networks or servers connected to the Site or violate the regulations, policies or procedures of such networks or servers;
  • Attempt to gain unauthorized access to the Site, logins and passwords of others, or computer systems and networks connected to the Site;
  • Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation (commercial or otherwise); or
  • Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

You agree to:

  • Comply with all notices, instructions and rules posted on the Site; and
  • Implement all Internet access and all security procedures required to use the Site at the sole expense of You.

INTELLECTUAL PROPERTY RIGHTS NOTICE
Except for the User Content you submit, all of the content you see and hear on the Site, including for example all images, logos, illustrations, graphics, audio clips and text, represents valuable proprietary and intellectual property of other users, the Company or its licensors. Such content and information is protected by any and all applicable international, federal, and state laws, rules, orders and regulations relating to intellectual or proprietary property. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any such content and information. Any attempt to download, print, publish or maintain a significant portion of content or information from the Site, to distribute copies of such information or content, or to otherwise exploit the information or content in violation of the intellectual property or proprietary rights of others is strictly prohibited by these Terms of Use.

THIRD PARTY CONTENT AND LINKS
From time to time, the Site may contain references or links to third-party materials (including without limitation web sites) not controlled by the Company or its suppliers or licensors. The Company provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that the Company is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Site.

Company may, but is under no obligation to, monitor or review any areas on the Site where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums. However, Company 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. Company retains the right to remove messages that include any material Company in its sole discretion deems abusive, defamatory, obscene or otherwise unacceptable.

INDEMNITY
You agree to indemnify and hold harmless the Company and its licensors and suppliers, and their respective directors, officers, employees, agents and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to your violation of these Terms of Use or misuse of the Site by you or any of your employees, contractors or agents.

Special Admonitions for International Use
The Site is marketed to users located in the United States. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct, personal health information and the content made available via the Site or the Services. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Use of the site not for Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of or access to the Site or any content or materials made available thereon.

DISCLAIMERS
THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATIONS
IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITYTO USE THIS SITE, OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF THE COMPANY OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU IN EXCESS OF $100.

MISCELLANEOUS
In the event that a court of competent jurisdiction should hold that any of the provisions of the Terms of Use are held unenforceable or invalid, that court shall attempt to craft an enforceable and valid provision most closely matching the intent of the parties, or if the court is unable or unwilling to do so such provisions shall be deemed severed from the applicable agreement, and the remaining provisions thereof shall remain in full force and effect. Failure of any party to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the future performance of any such terms or conditions. No consent to a breach of any express or implied term of the Terms of Use or any other notice, directive, or rule otherwise posted on the Site shall constitute consent to any prior or subsequent breach. These Terms of Use will be governed by the laws of the State of Virginia, United States of America. You agree to the exclusive jurisdiction of the state and federal courts located in the metropolitan area of Vienna, Virginia.