Agreement between user and www.qualityofcarenetwork.org
Welcome to www.qualityofcarenetwork.org. The www.qualityofcarenetwork.org website (the “Site”) is comprised of various web pages operated by the Network for Improving Quality of Care for Maternal, Newborn and Child Health (‘Quality of Care Network’). www.qualityofcarenetwork.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.qualityofcarenetwork.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.qualityofcarenetwork.org is a Non-profit Site
The main purpose of this website is learning sharing.
Your use of www.qualityofcarenetwork.org is subject to the Quality of Care Network’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Visiting www.qualityofcarenetwork.org or sending emails to the Quality of Care Network constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Quality of Care Network is not responsible for third party access to your account that results from theft or misappropriation of your account. The Quality of Care Network and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
www.qualityofcarenetwork.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Quality of Care Network and the Quality of Care Network is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Quality of Care Network is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Quality of Care Network of the site or any association with its operators.
Certain services made available via www.qualityofcarenetwork.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.qualityofcarenetwork.org domain, you hereby acknowledge and consent that the Quality of Care Network may share such information and data with any third party with whom the Quality of Care Network has a contractual relationship to provide the requested product, service or functionality on behalf of www.qualityofcarenetwork.org users.
You are granted a non-exclusive, non-transferable, revocable license to access and use www.qualityofcarenetwork.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to the Quality of Care Network that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Quality of Care Network or its partners and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Quality of Care Network and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Quality of Care Network or our licensors except as expressly authorized by these Terms.
You will be able to connect your Quality of Care Network account to third party accounts. By connecting your Quality of Care Network account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
You agree to indemnify, defend and hold harmless the Quality of Care Network, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Quality of Care Network reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Quality of Care Network in asserting any available defenses.
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The quality of care network and/or its partners may make improvements and/or changes in the site at any time.
The quality of care network and/or its partners make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The quality of care network and/or its partners hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the quality of care network and/or its partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if the quality of care network or any of its partners has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.
The Quality of Care Network reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Quality of Care Network as a result of this agreement or use of the Site. The Quality of Care Network’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Quality of Care Network’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Quality of Care Network with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Quality of Care Network with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Quality of Care Network with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
The Quality of Care Network reserves the right, in its sole discretion, to change the Terms under which www.qualityofcarenetwork.org is offered. The most current version of the Terms will supersede all previous versions. The Quality of Care Network encourages you to periodically review the Terms to stay informed of our updates.
The Quality of Care Network welcomes your questions or comments regarding the Terms:
Effective as of February 1, 2017