The terms of this Agreement and all operating rules published on the ICHOM Connect website at https://connect.ichom.org/ (the “Website”) constitute the entire agreement (collectively, the “Agreement”) between the International Consortium for Health Outcomes Measurement (“ICHOM” or “we”, “us” or “our”) and you with respect to your access and use of the Website to network, share ideas, and discuss the implementation of ICHOM’s Standard Sets (the “Services”). By registering for a user account (an “Account”) and clicking the “Accept” button at the end of the registration form, you agree to be bound by the terms of the Agreement. If you do not agree to be bound by these terms and conditions, you may not use or access this Website and we have the right to restrict or prevent your access to the Website. If there is anything you do not understand please feel free to email any enquiry to us.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND ICHOM ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT, AND LIMIT CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION.

Access

ICHOM will provide you with access to the Website and the Services in accordance with this Agreement. You should note that your ability to access the Website and/or receive the Services will vary depending on whether or not you have registered with us as a member.

ICHOM may change the terms of the Agreement including, without limitation, the fees for the Services at any time upon notice published on the Website.  ICHOM may discontinue or revise any and all aspects of the Website or the Services at its sole discretion and without prior notice.

Subscription Fee.

By using our Services, you agree to our fee schedule, incorporated herein by reference and available on our Website at https://www.ichom.org/ichom-connect-info/#price (“Fee Schedule”).  We may charge a subscription fee in connection with certain transactions on our Platform (“Subscription Fee”), as set forth in our Fee Schedule.  You understand that we may adjust our Fee Schedule, including any Subscription Fees, from time to time.  If you have an Account, we will provide notice of any such changes.

Copyright

The Website and all the information it contains, or may in the future contain, is the property of ICHOM or its licensors, and is protected from unauthorized copying and dissemination by U.S. copyright law, trademark law, international conventions, and other intellectual property laws. Except as set forth in this Agreement, nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any content displayed on this Website, through the use of framing or otherwise, without the prior written permission of ICHOM. You are permitted to use this material only as expressly authorised by our licensors or us.  You agree not to use any information obtained through the Services for any unlawful or unauthorized purpose.

Use

You shall not re-circulate, redistribute or publish the data included in the Website or available through the Services for any commercial purpose (including, without limitation, the use of the data in the development of software) without ICHOM’s prior written consent.  You shall not scrape any such data from the Website or the Services.

Extracts of information from the Website and the Services may be used for internal purposes or for academic research, provided that no extract represents a significant part of the Website or the Services and appropriate attribution is made to ICHOM’s ownership by using the following citation language:
“This work was conducted using resources from ICHOM, the International Consortium for Health Outcomes Measurement (www.ICHOM.org). The content is solely the responsibility of the authors and does not necessarily represent the official views of ICHOM.”

Privacy

Please refer to the ICHOM Connect Privacy Policy for information regarding our collection, use, and storage of users’ information.

User Postings

You hereby grant to us a non-exclusive, perpetual, irrevocable, worldwide, sublicensable, transferable, royalty free, fully paid up license to reproduce, distribute, prepare derivative works of, modify, translate, adapt, publicly perform, publicly display and otherwise use any and all information you post on this Website, and you understand that we may allow any third party to use such information as well.  You hereby waive any claims against ICHOM for actual or alleged infringement of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with ICHOM’s use of such postings or submissions. You are solely responsible for all of your postings or submissions. You represent and warrant that you own any information you post on the Website or you have all rights that are necessary to grant us the rights in your postings or submissions under this Agreement. You also represent and warrant that neither your postings or submissions, nor your use and provision of information to be made available through our Services, nor any use of your postings or submissions by ICHOM on or through our Services, will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Subscriber Qualifications

Individual subscriptions to the Website are available only to persons who are at least 18 years of age and are qualified in accordance with qualifications that we set from time to time. Your right to use the Website is personal to you and cannot be transferred to any other person.  We may revoke your right to use the Website at any time, for any or no reason.

You are solely responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Website. You are solely responsible for all charges associated with accessing and maintaining a connection to the Website including, without limitation, charges imposed by an internet service provider or your local telephone company.

Prohibited Conduct

While using the Services, be respectful of your fellow members – challenge and debate ideas but avoid humour and sarcasm as it is easy to misread opinion online. We are fortunate to have a worldwide community at ICHOM, so please be considerate of the different perspectives this brings when it comes to language that is appropriate. If you are unsure of what content to post, please contact group admin at info@ichom.org. You may not advertise your business in the forum or groups on the Website. If you wish to promote your work to our audience, please contact s.gray@ichom.org for more information regarding collaborating with us.

As a condition of your use of our Services, you will not use our Services for any purpose that is unlawful or prohibited by this Agreement.  Without limiting the foregoing, under no circumstances shall you use our Services in furtherance of, or in connection with, any money laundering activities.  You agree to comply with any other applicable terms and conditions of use set forth on our Services.

You may not use our Services in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of our Services.  You may not obtain or attempt to obtain any information through any means not intentionally made available through our Services.  In the event that you gain access to information not intended to be accessed by you, you agree that you will immediately notify us and destroy all copies of such information in your possession.

You agree not, and will not permit any person or entity, to: (a) use, or allow the use of, our Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign or other applicable law or rules and regulations of regulatory or administrative organizations; (b) act in a fraudulent, tortious, malicious or negligent manner when using our Services; (c) obtain unauthorized access to any computer system through our Services; (d) circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services or any Content; (e) introduce viruses, worms, Trojan horses and/or harmful code to our Services; and (f) use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of our Services or the Website.

In addition, you agree that you will not, and will not authorize or facilitate any attempt by another person or organization to use our Services to: (a) transmit any content, whether by posting, submission, private message or otherwise, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, as determined by us; (b) use a name or language that we, in our sole discretion, deem offensive; (c) post defamatory statements; (d) post hateful or offensive content or content that disparages any ethnic, racial, sexual, gender, religious or other group; (e) post content that depicts or advocates the use of illegal drugs; (f) post content that characterizes violence as acceptable, glamorous or desirable; (g) post content which infringes another’s copyright, trademark or trade secret; (h) post unsolicited advertising or unlawfully promote products or services; (i) harass, threaten, bully, stalk or intentionally embarrass or cause distress to another person or entity; (j) promote, advertise or solicit your business or competing businesses; (k) promote, solicit or participate in any multi-level marketing or pyramid schemes; (l) exploit children under 18 years of age; (m) engage in disruptive activity, such as sending multiple messages in an effort to monopolize a forum; (n) invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age); (o) solicit personal information from children under 13 years of age; (p) create a false identity or impersonate another person or entity; or (q) encourage conduct that would constitute a criminal or civil offense. The restrictions in this paragraph are intended to be illustrative, and we reserve the right to consider other conduct to be prohibited.

We reserve the right, without prior notice and in our sole discretion, to decide whether your use of our Services violates this Agreement for any of the above reasons or for any other reason, and if we do so, we may terminate your access to our Services, and, in such an event, we shall have no obligation to refund any Subscription Fee or other amount paid in connection with your use of the Services or otherwise.

Login Credentials

In order to the Services, you will be required to register by providing certain information.  We may ask you to complete a registration form and create a user name and password, or we may permit you to login through a third party application (your user name, password for us or for any third party application, “Login Credentials”).   Upon registration, we may generate a unique user ID (your “User ID”) associated with your Account.  You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your Account (including, without limitation, financial obligations).  You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken.  We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials.

In addition, when registering with ICHOM, you must provide accurate, complete, and current registration information and you agree to provide us with any update to that information promptly after any such update occurs.

User Profile

You understand and agree that we may make available on the Website a profile of certain of your user details, such as your full name and any other details that you include in your unique user profile (a “User Profile”) to other users as we may from time to time allow.  In addition, you may be allowed to navigate to your own User Profile to view and manage your user settings to modify what be viewed by other users of the Services.

Registrant Information

Unless you elect otherwise by making the appropriate selection on the ICHOM personal information page, we shall have the right to disclose certain limited registrant information including, without limitation, the registrant’s name, e-mail and mailing address, to affiliates and third party vendors for the purpose of providing registrants with information about products and services. ICHOM shall also have the right to disclose aggregate information about registrant usage and demographics in a manner that does not reveal the personal identity of any individual registrant. ICHOM shall have the right to send you electronic mail to inform you of changes or additions to the Website. For additional information, see the ICHOM Connect Privacy Policy.

Third Parties

ICHOM may provide you with links to third party web sites, and some of the content appearing to originate from the Website may be supplied by third party content providers.  ICHOM has no responsibility for these third-party web sites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers and a link to a non-ICHOM web site does not mean that ICHOM endorses the content or use of such sites.

RSS Feeds

ICHOM may from time to time provide one or more Really Simple Syndication (“RSS”) feeds free of charge. ICHOM encourages the use of any of these feeds to augment content on your own website or for viewing through a newsreader application. ICHOM reserves all ownership or other rights in any RSS feed including without limitation any rights in any logo, trademark or trade name contained in any of these feeds. You must provide attribution to ICHOM in connection with your use of any RSS feed. If you provide attribution using a graphic, you must use the appropriate ICHOM logo incorporated into the applicable RSS content or feed.

You may not: charge additional fees or licenses for any RSS feed content; put any RSS feed to uses other than syndicating content; incorporate advertising into any RSS feed; insert any intermediate page, splash page or other content between any RSS link and the applicable content; edit or modify any text, content or links supplied by ICHOM; publish the full text of any RSS feed content; or redistribute any RSS feed.

ICHOM may modify the list of available RSS feeds or the content of any of those feeds at any time without notice. ICHOM may revoke RSS syndication privileges or require you to cease distributing any RSS feed at any time for any reason, including without limitation your violation of this Agreement. Any time you interact with any third party website you must comply with that website’s terms of service. Each RSS feed or any XML code is provided as-is. ICHOM assumes no liability for any of your activities in connection with any RSS feed.

Availability of the Site

The Website may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from the Website does not contain any virus, worm or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.  In no event shall ICHOM be liable for any damages caused by your inability to access the Website as a result of network or server downtime, transmission problems or otherwise.  ICHOM does not guarantee the uptime of the Website or the Services.

Restriction, Suspension or Termination

ICHOM reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website at any time for any reason without prior notice or liability.
ICHOM may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any Website feature, database, or content, without prior notice or liability.

You may terminate this Agreement at any time by ceasing to use our Services or by closing your Account.  On our Services, we will include instructions for how to close your Account.  We may update these instructions and our process to close your Account from time to time.  Please follow the instructions on our Services to close your Account if you would like to do so.

The following Sections of this Agreement and any accrued obligations will survive any termination of this Agreement: User Postings, Disclaimer of Warranties and Limitation of Liability, Indemnification; Governing Law, DMCA Policy, Agreement to Arbitrate and Waiver of Class Action, Entire Agreement, No Amendment or Waiver, and Miscellaneous.

Disclaimer of Warranties and Limitation of Liability

THE WEBSITE AND THE SERVICES ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER ICHOM, ANY THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER ICHOM NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES ICHOM, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEBSITE OR THE CONTENT.

UNDER NO CIRCUMSTANCES SHALL ICHOM NOR ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, MULTIPLE CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, OR ANY LOSS OF USE DAMAGES, LOST PROFITS OR LOST REVENUES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE GREATEST OF (I) $100.00; OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US IN REGISTRATION AND PROCESSING FEES , IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF ICHOM, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Our Services are only a means of connecting users of the Website, and except to the extent, if any, that we serve as a communications platform among users, we do not take part in the interaction between or among users. As a result of our limited involvement in the actual contact between or among users, in the event that you have a dispute with any users, you hereby release us, and our officers, directors, employees, agents, investors, subsidiaries and contractors from any and all claims, demands or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  We expressly disclaim any liability or claims that may arise between or among users of our Services.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 THAT PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MIGHT HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You waive any other similar provision of applicable law that applies to you.

Indemnification; Governing Law

You hereby agree to indemnify, defend and hold ICHOM, and all of its predecessors, successors, parents, subsidiaries, affiliates, and officers, directors, employees, agents, information providers, attorneys, representatives licensors and information providers (collectively, the “ICHOM Representatives”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by ICHOM or any ICHOM Representative in connection with any claim arising out of any use or alleged use by you of the Website or the Services or arising out of or in relation to any breach by you of this Agreement, or any representation, warranty or covenant you made by agreeing to this Agreement. ICHOM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with ICHOM’s defense of such claim.

This Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles.

DMCA Policy

If you believe that any materials on our Services infringe your copyright, you may request that such materials be removed.  This request must bear a signature (or electronic equivalent) of the copyright holder or an agent and must include the following:  (a) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (b) identification of the material that you believe to be infringing, including a description of the material, and its location on our Website; (c) your name, address, telephone number and email address; (d) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law; (e) a statement that the information in your claim is accurate; and (f) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf.  Our agent for copyright issues relating to our Services is Copyright Agent, ICHOM, 399 Boylston Street, MA0216 or info@ichom.org. To protect the rights of copyright owners, we reserve the right to suspend your Account and/or other any user privileges, delete or disable content alleged to be infringing and/or terminate the Account and/or other user privileges of a repeat infringer.

Agreement to Arbitrate and Waiver of Class Action

Except if you opt-out or for disputes relating to your or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents), you agree that all disputes between you and us (whether or not such dispute involves a third party) arising out of or relating to this Agreement, and/or the ICHOM Connect Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in London, England under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and you and we hereby expressly waive trial by jury.  You and we shall appoint as sole arbitrator a person mutually agreed by you and us or, if you and we cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party.  The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator).  All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction.  Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement.  Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with this Agreement.

Any claims brought by you or us must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.   Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement.   You hereby waive any and all rights to bring any claims related to this Agreement and/or the ICHOM Connect Privacy Policy as a plaintiff or class member in any purported class or representative proceeding.   You may bring claims only on your own behalf.

You may opt out of this Agreement to Arbitrate.  If you do so, neither you nor we can require the other to participate in an arbitration proceeding.  To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision.  The opt-out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your User ID, if applicable, to which the opt-out applies and a clear statement that you want to opt out of this Agreement to Arbitrate.  You must sign the opt-out notice for it to be effective.  This procedure is the only way you can opt out of the Agreement to Arbitrate.  You must use this address to opt out: International Consortium for Health Outcomes Measurement, ATTN: Arbitration Out-Out, 399 Boylston St. 6th floor, Boston MA, 02116.

Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any change to the arbitration procedures (other than a change to any notice address or Website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change.  Moreover, if we seek to terminate the arbitration procedures from this Agreement, such termination shall not be effective until thirty (30) days after the version of this Agreement not containing the arbitration procedures is posted to our Website, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.

This section (Agreement to Arbitrate and Waiver of Class Action) will survive the termination of your relationship with us.

Entire Agreement

This Agreement and the ICHOM Connect Privacy Policy constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

No Amendment or Waiver

This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default, unless such a waiver is in writing and signed by an authorized representative of ICHOM.

Miscellaneous

You may not assign or transfer your rights or obligations under this Agreement in whole or in part to any third party without our consent.  This Agreement shall bind and inure to the benefit of the parties to this Agreement and their respective successors, permitted transferees and permitted assigns.  We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of each other.  The headings and captions used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.  If any part of this Agreement is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

 

 

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