The Memorial Sloan Kettering–Hackensack Meridian Health Partnership Online Terms and Conditions
Effective March 2, 2018
These terms and conditions (“Terms”) are a contract between users (“you”) and The Memorial Sloan Kettering – Hackensack Meridian Health Partnership (“The Partnership”, “we”, “us”) and apply to The Partnership website, located at MSK-HMHPartnership.org.
Using the Site
The Site enables users to have web-based access to information and services, including, among other things, information about The Partnership, cancer, scientific advancement, newsletters, events and other services. We provide the Site to make it easier for you to access this information and services. The Site is offered for general information and educational purposes only and is not meant as a substitute for visiting a doctor or seeking medical care. You acknowledge that the Site is not intended to provide medical care or act as a replacement for in-person visits with a doctor, and you should not rely on it for managing your health.
If you choose, you may discontinue your use of the Site at any time.
Modification of the Agreement and the Sites
We may modify these Terms at any time. Revised Terms will apply to the access or use of the Site from the date the revised Terms are posted on the following website: https://msk-hmhpartnership.org/terms-conditions/. Please check this page regularly to ensure that you are familiar with the current version of the Terms. By your continued use of the Site after publication of revised Terms, you accept and agree to the terms and conditions of the revised Terms.
We reserve the right to make additions, deletions or changes to the Site. We may add or remove features or functionalities and we may suspend or stop the Site altogether at our sole discretion. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
Acceptable Use and Restrictions on Use
The Site is available only to persons who can form legally binding contracts under applicable law. The Site is not available to individuals under the age of 18. If you do not qualify, you may not use the Site.
The Partnership grants a limited license to you to make personal use only of the Site in accordance with these Terms. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site, making any derivative of all or any part of the Site, the collection and use of other user information, including, without limitation, any data extraction or data mining whatsoever.
You agree only to use the Site for the purposes for which it has been designed. You will comply with these Terms and all applicable local, state, national and international laws, rules and regulations and will not encourage or promote any activity that violates these Terms.
By accessing or otherwise using the Site, you agree that you will not under any circumstances:
If we determine that you have violated any of the above restrictions or any other term or condition of these Terms, and/or abused the use of the Site, we reserve the right, in our sole discretion, to discontinue your use of the Site.
The Site is the exclusive property of and jointly owned by the Parties to the Partnership (i.e. Memorial Sloan Kettering and Hackensack Meridian Health). The Site contains content including, but not limited to, text, photographs, graphics, icon buttons, images, screen layouts, designs, artwork, names, logos, trademarks, service marks and data (“Content“) in any form including the compilation thereof, that is protected by U.S. and international copyright, trademark and other intellectual property law and conventions. The Parties to the Partnership reserve all of their intellectual property rights in the Site and Content (including trademarks of The Partnership and trademarks of each individual party to The Partnership), and these Terms do not grant you any right or license with respect to any such intellectual property. Except as permitted under these Terms, you agree not to sell, license, copy, reproduce, modify, republish, transmit, edit, adapt, create derivative works from, distribute or otherwise make unauthorized use of any of the Content, or intellectual property rights in the Content, in whole or in part by any means without our express written consent. You agree not to reverse-engineer, decompile, disassemble or otherwise attempt to extract or discover the source code of the Site or any part thereof, including the Content, except and only to the extent such activity is expressly permitted by applicable law notwithstanding this limitation.
Third Party Content
The Site may contain links to website or mobile applications owned or operated by third parties (the “Third Party Content”). You acknowledge that the Third Party Content is provided for your convenience only. We do not control Third Party Content and we are not responsible for the content or performance of those sites. The inclusion of Third Party Content does not imply any agreement with or endorsement of such Third Party Content or any association with the parties that own or operate the Third Party Content. You acknowledge that use of Third Party Content is strictly at your own risk including, but not limited to, any risks associated with destructive viruses, and that The Partnership makes no warranties, express, statutory or implied, with respect to such Third Party Content. These Terms do not govern your use of any Third Party Content and you are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the Third Party Content. To the maximum extent permitted by applicable law, we will not be liable for any Third Party Content linked to through the Site, including, but not limited to, any inaccuracies, errors or omission in any content, any intellectual property infringement with relation to the Third Party Content, or any loss or damage of any kind incurred as a result of the use of any Third Party Content linked in or otherwise made available via the Site.
Notice of Copyright Infringement
The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet Site infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Site infringes your copyright, please send us a notice containing the following information:
Please submit this notice to The Partnership at info@MSK-HMHPartnership.org.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, ACCESS TO THE SITE, AND ALL RELATED CONTENT, SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE OR THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE, UP-TO-DATE, ACCURATE, OR PERFORM AS DESCRIBED. THE PARTNERSHIP DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, INCLUDING BUT NOT LIMITED TO THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SITE.
THE PARTNERSHIP DOES NOT WARRANT THAT THE SITE, APPS, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ELECTRONIC COMMUNICATIONS SENT FROM THE SITE ARE FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS. THE PARTNERSHIP AND THE PARTIES TO THE PARTNERSHIP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION CONTENT, MATERIALS, APPS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTNERSHIP AND THE PARTIES TO THE PARTNERSHIP EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, PRIVACY OR SECURITY PRACTICES OR INFORMATION FOUND ON THIRD PARTY SITE OR APPS THAT LINK TO OR FROM THE SITE. THE PARTNERSHIP AND THE PARTIES TO THE PARTNERSHIP CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY APPS OR SITES. Any questions or complaints or claims related to any product or service should be directed to the appropriate third party.
Without limiting the foregoing, we are not responsible or liable for the accuracy, usefulness, timeliness or availability of any information transmitted or made available via the Site, and are not responsible or liable for any error or omissions in that information. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all content, features and functions of the Site.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE PARTNERSHIP OR THE PARTIES TO THE PARTNERSHIP, ITS SUPPLIERS OR LICENSORS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, TRUSTEES, PARENT COMPANIES, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS ARISING OUT OF OR RELATED TO THE SITE (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ACCESS, DAMAGE, OR THEFT OF YOUR DATA, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICE, STOPPAGE OF OTHER WORK OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN THE EVENT OF ANY PROBLEM WITH THE SITE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL THE PARTNERSHIP OR THE PARTIES TO THE PARTNERSHIP BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless The Partnership and the parties to The Partnership, its managing members, licensors, officers, directors, employees, agents, trustees, subsidiaries, parent companies and affiliates (the “Indemnitees”) from and against all third party complaints, charges, claims, losses, expenses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Site; (b) information or material you have posted or submitted to the Site; and (c) your breach of these Terms, in each case unless caused by such Indemnitee’s gross negligence, willful misconduct or fraud.
Third Party Suppliers
We may use third party suppliers, such as software companies, to provide, support and maintain the Site. These third party suppliers are protected under these Terms as intended third party beneficiaries.
Choice of Law and Venue
These Terms are governed by the laws of the State of New Jersey. Any action against The Partnership and the parties to The Partnership must be brought in New Jersey. You agree that these Terms are entered into between you and The Partnership in the State of New Jersey, United States of America and are performed within the State of New Jersey. You agree that these Terms and any and all disputes, claims and controversies arising out of or relating to your use of the Site shall be governed and construed exclusively in accordance with the laws of the State of New Jersey, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under these Terms or related to the Site, you irrevocably agree to submit to the exclusive personal jurisdiction of the state or federal courts located in or serving New Jersey. You waive any jurisdictional, venue or inconvenient forum objections to such court. Use of the Site is unauthorized in any jurisdiction that does not give effect to these Terms.
If a portion of these Terms is determined to be unlawful, void or unenforceable, it will not affect the enforceability of the remaining provisions and the remaining provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These Terms are effective unless and until terminated by either you or The Partnership. You may terminate these Terms at any time, provided that you discontinue any further use of the Site. We also may terminate these Terms, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Site.
Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. The following provisions survive the expiration or termination of these Terms: Proprietary Rights; User Information; Third Party Content; Limitation of Liability; Indemnity; Choice of Law and Venue; and Miscellaneous.
How to Contact Us
If you have any questions or comments about these Terms, you may contact us by email at info@MSK-HMHPartnership.org.