Terms of Use
LEGAL TERMS OF USE
PLEASE READ THIS LEGAL TERMS OF USE CAREFULLY BEFORE USING THE OPENPEDIATRICS WEB SITE AND APPLICATION OR OTHERWISE ACCESSING OR DOWNLOADING ANY INFORMATION FROM THIS WEB SITE AND APPLICATION (THE "SITE"). BY ACCESSING OR USING THE SITE, YOU HEREBY ACCEPT AND AGREE TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS LEGAL TERMS OF USE (THE "USER AGREEMENT"). THIS USER AGREEMENT IS A BINDING AGREEMENT BETWEEN YOU AND BOSTON CHILDREN'S HOSPITAL ("CHILDREN'S"), AND GOVERNS YOUR ACCESS AND USE OF THE SITE, WHICH INCLUDES ANY INFORMATION, DATA, TOOLS, PRODUCTS, SERVICES AND OTHER CONTENT (TOGETHER, "CONTENT") AVAILABLE ON OR THROUGH THE SITE.
BY USING THIS SITE YOU SIGNIFY THAT YOU UNDERSTAND AND AGREE TO THE FOLLOWING:
OPENPediatrics has been developed as a charitable effort by the Department of Anesthesiology, Critical Care and Pain Medicine at Boston Children's Hospital, designed to provide access by way of the internet to expert's ideas and approaches on the care of critically ill pediatric patients. This includes or is anticipated to include a range of topics around respiratory, cardiac, pulmonary, and neurological disease and illnesses, among others, and also provides resources for commonly used equipment (i.e. respiratory devices for ventilation). The ideas and approaches are offered for users to consider and adapt in their own medical judgment based on the environment of care, available staffing, and conditions. Given the purpose of the presentations and any other content within the Site, users should not assume that any topic represents the optimum approach in their circumstances, or the most advanced care available. Feedback to improve the Site is welcome.
1. Children's grants you a limited right to use the Site.
Unauthorized individuals, institutions and other entities may not act on behalf of Children's, use its property or solicit contributions without express authorization from Children's. You many not violate or attempt to violate the security of the Site. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site. It is Children's policy to comply with all applicable laws and regulations as they may be modified from time to time. In the event that any provision of this User Agreement may be in conflict with any applicable law or regulation, the applicable law or regulation will supersede the conflicting provision. This User Agreement and your use of this Site are and shall be governed and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without regard to its rules concerning conflict of laws. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. Should you have any questions concerning, please feel free to contact us at (617) 355-7327; or write to us at 300 Longwood Avenue, Bader 634, Boston, MA 02115.
2. You will be bound by revised versions of this User Agreement that Children's or OPENPediatrics posts on the Site.
Modifications of this User Agreement will be effective immediately upon posting unless we indicate otherwise. Your use of the Site indicates your full acceptance of this User Agreement in its then-current form each time you use the Site.
3. The Content may not be available for use outside of the United States.
Children's makes no representation that any Content is appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
4. The Site is owned by Children's, its affiliates and/or third parties.
Children's owns and operates the Site and the Content provided to you via the Site. All Content contained in the Site is the property of Children's, its licensors or its content contributors, and is protected by U.S. and international copyright and trademark laws. The compilation (meaning the collection, arrangement and assembly) of all Content on the Site is the exclusive property of Children's and is protected by U.S. and international copyright laws. The Content on the Site may be used for your personal information only. The Content may not in any way be abstracted, reproduced or translated, regardless of whether or not all copyright, trademark and other proprietary notices are included in each such use. No portion of the Site or the Content may be sold or otherwise used or distributed in conjunction with any commercial purpose, unless expressly permitted in writing by Children's. Systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory is strictly prohibited without prior written permission from Children's. OPENPediatrics is a trademark of Children's. All other trademarks, service marks, trade names and logos appearing on the Site are the property of their respective owners.
5. Children's is not liable for any actions taken in reliance of the Content on the Site.
To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. To the extent the Content contained on this Site references specific medication, products and/or companies, it is not an endorsement by Children's, the speaker or OPENPediatrics project. To the extent the Content contained on the Site contains medical or health sciences information, it is intended for professional use within the medical field by physicians and other healthcare providers. Because of rapid advances in the medical sciences, OPENPediatrics recommends that practitioners undertake independent verification of diagnoses and drug dosages. IN NO EVENT WILL Children's, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBCONTRACTORS, AGENTS, LICENSORS AND REPRESENTATIVES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. The additional disclaimers included in the various publications available via the Site are hereby incorporated by reference.
6. Children's is not responsible for any technological problems or any impact that they may have.
All or any portion of the Site may not be available and may not function properly at any time. We make reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. We take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception of data or communications. We make reasonable efforts to ensure that the Site is secure but we do not guarantee the security of the Site. Children's is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site. Children's is not liable for any defects, delays or errors in or resulting from your use of the Site.
7. Children's is not responsible for information on any third-party web site that is referred in, or accessible or connected by hyperlink to, the Site.
The provision via the Site of links and referrals to other web sites, publications or information resources does not constitute the endorsement of those web sites or resources by Children's, OPENPediatrics, its agents or representatives. Children's makes no representations or claims as to the quality, content and accuracy of the information, services or products which may be provided by such resources, and specifically disclaims any warranties, including but not limited to, the implied or express warranties of merchantability or fitness for any particular usage, application or purpose. You may link to the Site solely for noncommercial purposes. Notwithstanding the foregoing, Children's and OPENPediatrics reserves the right to prohibit any entity from linking to its web site.
8. Children's disclaims all warranties with respect to the Site that the law allows it to disclaim.
THE UNAUTHORIZED ALTERATION OF THE CONTENT OF THIS OPENPediatrics WEB SITE IS EXPRESSLY PROHIBITED. Children's, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBCONTRACTORS, AGENTS, LICENSORS AND REPRESENTATIVES SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS, ACTIONS, OR DAMAGES WHICH MAY ARISE ON ACCOUNT OF THE UNAUTHORIZED ALTERATION OF THIS WEB SITE. THE SITE IS PROVIDED ON "AN AS" IS AND "AS AVAILABLE" BASIS. Children's DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE MATERIALS CONTAINED IN THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Children's, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBCONTRACTORS, AGENTS, LICENSORS OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, OR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF Children's HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
9. You will be responsible for any liability to OPENPediatrics and/or Children's that arises out of your breach of this User Agreement or your use of this Site.
You hereby agree to indemnify, defend and hold OPENPediatrics, Children's and its affiliates and subcontractors, and their directors, officers, employees, affiliates, agents, licensors and representatives, harmless from and against any and all suits, liability, losses, damages, costs, and expenses (including reasonable attorneys' fees) that arise from or relate to: your use of the Site; your breach of your obligations under this User Agreement or any representation, warranty or covenant made by you in this User Agreement; our violation of any applicable law, statute, ordinance, regulation or of any third-party's rights; or claims asserted by third parties which, if proven, would place you in breach of the representations, warranties, covenants or other provisions contained in this User Agreement. This service is not designed to comply with the Health Insurance Portability and Accountability Act (HIPAA). You will not post or otherwise submit anything that contains protected health information (i.e., individually identifiable health information that can be linked to a particular person).
Date of last revision: June 2020