Terms of Service
The terms of this Agreement and all operating rules published on the Website constitute the entire agreement (collectively the “Agreement”) between ICHOM and you with respect to the Services. By clicking the “Accept” button at the end of this Agreement, 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.
“Services” means the on-line information and other services provided to users of the Website.
“Website” means the website located at www.ICHOM.com or any subsequent URL which may replace it from time to time.
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 Service 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.
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 we have described 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 Service for any unlawful or unauthorized purpose.
You will not re-circulate, redistribute or publish the data included in the Website and the Services for any commercial purpose (including, but not limited to, the use of the data in the development of software) without ICHOM’s prior written consent.
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.”
You acknowledge and agree that ICHOM shall own and have the unrestricted right to use, publish and otherwise exploit (without any payment to, or further authorization by you), any and all information you post on this Website. 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.
When registering with ICHOM, you must provide accurate, complete, and current registration information and you agree to provide us with any updates to that information promptly after such changes occur.
Individual subscriptions to the Website are available only to persons who are at least 18 years of age. Your right to use the Website is personal to you and cannot be transferred to any other person.
You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Website. You shall be responsible for all charges associated with accessing and maintaining a connection to the Website including, but not limited to, charges imposed by an internet service provider, or your local telephone company.
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, mole 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 Site feature, database, or content, without prior notice or liability.
Disclaimer of Warranties
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, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE. 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.
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.”
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 DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES 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 STATES, THE LIABILITY OF ICHOM, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY 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 this site or arising out of or in relation to any breach by you of this Agreement, or the representations, warranties and covenants 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.
The Terms and Conditions 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
The Terms and Conditions 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.