Terms of Service

NORTHWEST SIMULATION ALLIANCE


TERMS OF SERVICE

PLEASE READ CAREFULLY:  Northwest Simulation Alliance’s (“NWSA”) networking forum (“Forum”) is made available to active subscribers and their designated users.  BY SUBSCRIBING TO THE FORUM AS AN ORGANIZATION AND/OR SETTING UP A USER ACCOUNT AND CLICKING THE “ACCEPT” BUTTON YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND NWSA’S PRIVACY POLICY

  1. FORUM OVERVIEW.
  2. Overview. Organizations with active subscriptions may designate individuals who have an interest in discussing the efficiencies of healthcare technology, sharing resources, best practices, articles, opinions, educational resources, trainings and other similar healthcare related materials (collectively “Content”).  The Forum allows users to share Content as well as view, access and/or comment upon Content generated by other users.  Designated users may also have direct off-line communications with other Forum users.
  3. Account Set up.   Designated Forum users must create an Account by creating a unique username and password that is associated with a verifiable email address.  Registered Forum users are responsible for maintaining the confidentiality of their user name and password, and are responsible and liable for all activities conducted through the associated Account regardless who conducts them.  You must maintain the confidentiality and security of Your password and login credentials.  You will immediately notify NWSA of any unauthorized use of Your Account.  The subscribing entity must immediately notify NWSA when a designated user is no longer with its organization and/or if the designated user wishes to discontinue use of the Forum.
  4. LICENSE AND OWNERSHIP OF CONTENT.
  5. Content. You grant NWSA and other Forum users a worldwide, perpetual, non-exclusive, royalty‐free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and otherwise use submitted Content, in connection with making the Forum available. Anything You say using the Forum may be seen by other Forum users; therefore, You have no reasonable expectation of privacy when using the Forum.  You, however, have the ability to restrict the amount of information that is visible to other Forum users by modifying Your user settings.  The subscribing entity is responsible for ensuring that its designated users comply with the terms and conditions set forth herein.  The subscribing entity and its designated users are both jointly and severally liable and responsible for all submitted Content and associated Forum activity.
  6. Forum. NWSA grants You a limited, non-exclusive, non-transferable, revocable limited license to access and use the Forum as expressly permitted herein.  NWSA reserves all rights not expressly granted.

 

 

  1. RESTRICTIONS/CODE OF CONDUCT.

You agree not to do any of the following:

  • Upload any Content that incorporates or references Protected Health Information as defined in the Health Insurance Portability and Accountability Act.
  • Upload any Content for the purpose of intentionally misleading NWSA or any other user.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful Content.
  • Upload, or otherwise make available Content protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consent to do the same.
  • Upload Content or any files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of the Forum, another’s computer or property of another.
  • Download Content posted by another user of the Forum that You know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content or other material contained in a file that is uploaded.
  • Resell or otherwise commercialize Content or any other function or feature of the Forum.
  • Submit any direct or indirect endorsement or opinion of the product or services of another third party manufacturer, medical facility or medical professional without disclosing any association you may have with such Content as required by the Federal Trade Commission.
  • Use hateful or discriminatory based on race, color, sex, sexual orientation, religion, nationality, ethnicity, marital status, disability, age or is otherwise objectionable language.
  • Spam or otherwise generally harass Forum users.
  • Violate any applicable laws or regulations with respect to Your access and use of Content and the Forum.

NWSA RESERVES THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF THE FORUM (IN ITS SOLE DISCRETION) IF NWSA DETERMINES THAT YOU HAVE VIOLATED ANY PROVISION OF THESE TERMS OF SERVICE.

  1. NWSA’S PROPRIETARY RIGHTS.

The Forum and all logos, trademarks, buttons icons, images, pictures, graphics, content used in connection with the Forum (collectively referred to as “NWSA’S Content”) are protected under U.S. intellectual property laws, and are exclusively owned and/or controlled by NWSA.  UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF NWSA’S CONTENT IS PROHIBITED.

  1. DISCLAIMER OF WARRANTIES.

YOU UNDERSTAND AND AGREE THAT THE FORUM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NWSA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE AVAILABILITY OF THE FORUM OR THE CONTENT YOU OR OTHER USERS SUBMIT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS.  NWSA DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE NWSA FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OFFER BY OTHER USERS, ANY ACTION OR INACTION BY OTHER USERS, INCLUDING OTHER USER’S  FAILURE TO COMPLY WITH THE TERMS OF SERVICES. THE FUNCTIONS AND FEATURES OF THE FORUM ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.  NWSA DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT. YOU ASSUME THE ENTIRE RISK OF LOSS OF CONTENT AND/OR DAMAGE DUE TO YOUR USE OF THE FORUM.

  1. LIMITATION OF LIABILITY.

YOUR USE OF THE FORUM IS ENTIRELY AT YOUR SOLE RISK.  NWSA, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE FORUM, EVEN IF NWSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

  1. INDEMNIFICATION.

You shall indemnify, defend and hold harmless NWSA and NWSA’s officers, directors shareholders and agents for any and all loss cost, disputes, demands claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to: (i) Your breach of these Terms of Service; (ii) Your use or misuse of the Forum; (iii) Your violation of any law or the rights of any third party; and/or (iv) Your interaction with other Forum users.              

  1. TERMINATION.

You may terminate Your participation at any time by discontinuing use of the Forum and Content.  At that time NWSA may delete information You have submitted via the Forum.  If You have a dispute with NSWA relating to the Forum or Content, immediately cease all use of the Forum/Content.  Ceasing all use of the Forum and Content is Your only remedy with respect to any such dispute that You may have with NWSA.  The following Sections shall survive termination of these Terms of Service or Your use of the Forum: 2(a),5, 6, 7, 8, 13 and 14.

  1. CHANGES TO FORUM AND TERMS OF SERVICE.

From time to time, NWSA may modify, suspend or discontinue any feature associated with Your access and use of the Forum and/or Content.  NWSA shall not be liable to You for any modification, suspension or discontinuance (in part or wholly) of the Forum and/or features associated with the availability or use of Content.  NWSA may establish additional policies and practices concerning use of the Forum and Content made available through the Forum.  Accordingly, NWSA reserves the right to change these Terms of Service (in part or wholly) at any time, with or without prior notice.  NWSA will notify You of any such changes by posting updated Terms of Service at http://nwsimulation.org/forums/ and/or by notifying You via the email address linked to Your Account.

  1. THIRD PARTY LINKS.

NWSA or Forum users may incorporate links to third party websites.  Some third party websites may collect data or solicit personal information from You.  NWSA neither owns nor controls such third party websites and is not responsible for their content or actions.  Please read the terms and conditions and privacy policies of any third party website that may be linked to the Forum.

  1. PRIVACY.

NWSA collects and uses information about You and Your use of the Forum and Content for the purpose of making the Forum available to You and for developing and improving the Forum.  Please review NWSA’s Privacy Policy for more information at nwsimulation.org/privacy-policy.

  1. COMMUNICATIONS.

By agreeing to these Terms of Service, You consent to receive communications sent from or on behalf of NWSA regarding the Forum, Content, and/or Your rights and obligations under these Terms of Service.

 

  1. CHOICE OF LAW AND VENUE.

These Terms of Service, Your access and use of the Forum and Content, and the relationship between You and NWSA are governed by the laws of the State of Idaho, without giving effect to its conflict of law provisions.

  1. DISPUTE RESOLUTION.

You expressly acknowledge and agree that the sole and exclusive venue for resolving any controversy or claim arising out of or relating to these Terms of Service, or otherwise relating to any rights in, access to or use of the Forum and/or Content shall be binding arbitration, under the American Arbitration Association (“AAA”) commercial arbitration rules, then in effect.  You also agree that the AAA optional rules for emergency measures of protection shall also apply to the proceedings.  Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.  In the event that this provision is held invalid or unenforceable, the remaining portions of this section shall remain in full force and effect. YOU AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’S RULES ALLOW FOR SUCH.

  1. COPYRIGHT INFRINGEMENT CLAIMS.

If You believe that Your work or the work of another is being used in a manner that constitutes copyright infringement, please notify NWSA at help@simnetworks.org Your notification must include the following:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
  • a description of the copyrighted work or other intellectual property that You claim has been infringed.
  • a description of where the material that You claim is infringing is located on the Forum;
  • Your address, telephone number, and email address.
  • a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
  1. NWSA’S CONTACT INFORMATION.

If You have any questions or concerns, please contact NWSA at: Northwest Simulation Alliance, P.O. Box 3663, Hailey, ID 83333, help@simnetworks.org

Last Updated:  May 30, 2017.

 

GSB:8641564.3