Open Health Tools Website - Terms and Conditions of Use

1. Acceptance of Terms

BY ACCESSING, BROWSING OR USING THIS WEB SITE , YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY OPEN HEALTH TOOLS POLICIES POSTED ON OR REFERRED TO FROM TIME TO TIME ON THIS WEBSITE INCLUDING WITHOUT LIMITATION THE IP POLICY AND THE PRIVACY POLICY, WHICH POLICIES ARE INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE THEN YOU ARE NOT GRANTED THE RIGHT TO USE THIS WEBSITE.

You represent that you are of legal age to create binding contractual commitments and if you are not of legal age you are not permitted to use this Website.

This Website, and any other website operated by Open Health Tools, Inc. (“Website”) is a service made available by Open Health Tools, Inc. (“Open Health Tools”). All software, documentation, information (including, but not limited to, ideas, concepts, know-how and techniques) and/or other materials and/or other materials provided on and through this Website (collectively “Content”) may be used solely under these terms and conditions (“Terms of Use”) and the terms of the Software License under which such Content is licensed.

Open Health Tools retains the right to modify these Terms of Use and any of the policies at any time. Such modifications shall become effective immediately upon the posting of the modified Terms of Use and/or the modified policies on this Website. By accessing, browsing or using the Website following the posting of the modifications you indicate your acceptance of the modifications.

This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. The Content on this Website may contain technical inaccuracies or typographical errors and may be changed or updated without notice. Open Health Tools may also make improvements and/or changes to the Content at any time without notice. In the event of any conflict between the these Terms of Use and any of the policies, these Terms of Use shall govern.

2. Confidential Information

Open Health Tools and its members (“Members”) do not want to receive confidential information from you through this Website. Please note that any information or material sent to Open Health Tools or the Members will be deemed NOT to be confidential even where such information or material is marked “Confidential”.

3. Prohibited Content

You are prohibited from making any unlawful use of the Website or from posting or transmitting to or from this Website any unlawful, infringing, threatening, libelous, discriminatory, harassing, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could be construed to promote racism, hatred or physical harm against any individual or group or which could otherwise give rise to any civil or criminal liability under any applicable law.

4. Disclaimers of Warranties

Open Health Tools and the Members assume no responsibility regarding the accuracy or completeness of the Content and use of the Website and the Content is at your sole risk. Open Health Tools and the Members provide no assurances that any reported problems with any Content will be resolved. All Content is provided by Open Health Tools and/or its Members on an “AS IS” basis. Open Health Tools and the Members do not provide any warranty, condition or covenant of any kind whatsoever including without limitation any express or implied warranties, conditions or covenants of merchantability, fitness for a particular purpose, non-infringement or those arising from statute or usage of trade. Open Health Tools, ITS HOSTING PROVIDER COLLABNET, INC. (“cn”) and the Members do not warrant that access to the Website will be uninterrupted or secure or that the Content will be free of error, viruses, Trojan horses, worms or other disruptive code. Open Health Tools and the Members do not warrant that any personal or confidential information you may store on its servers will be kept confidential and protected. Except as otherwise expressly stated, by providing the Content, neither Open Health Tools nor the Members grant any licenses to any copyrights, patents or any other intellectual property rights.

Open Health Tools and the Members make no representations whatsoever about any other website that you may access through this Website. When you access a non-Open Health Tools website, even one that may contain the organization’s name or mark, please understand that it is independent from Open Health Tools, and that Open Health Tools and the Members have no control over the content on such website or their privacy practices. In addition, a link to a non-Open Health Tools website does not mean that Open Health Tools or the Members endorse or accept any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

5. Limitation of Liability

IN NO EVENT WILL OPEN HEALTH TOOLS, CN AND /OR THE MEMBERS BE LIABLE TO YOU (AN INDIVIDUAL OR ENTITY) OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED TO ANY USE OF THIS WEB SITE , THE CONTENT, OR ON ANY OTHER HYPER LINKED WEB SITE , INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SALES, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF OPEN HEALTH TOOLS, CN OR THE MEMBERS ARE EXPRESSLY ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. OPEN HEALTH TOOLS AND CN SHALL HAVE NO LIABILITY FOR ANY CONTENT LOST OR DESTROYED OR FOR ANY CONTENT REMOVED FROM THE WEBSITE.

6. Exclusions and Limitations

Some jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of liability for incidental or consequential damages. The above limitations or exclusions may not apply to you.

7. Responsibility for Content Posted
You agree that you are solely responsible for all Content that you may post to the Website, transmit through emails or otherwise made available through the Website. You represent and warrant that to the best of your knowledge:

  1. you own or have sufficient rights to post any Content that you provide;
  2. your Content does not contain any viruses, worms, Trojan horses or other harmful or destructive code;
  3. posting your Content to the Website does not violate the privacy rights or other rights of any third party;
  4. you have obtained all licenses and consents from third parties for any third party content you post to the Website;
  5. your Content does not contain any spyware or other code which would enable you or anyone else to collect information about others or the online or other activities of others; and
  6. your Content does not violate any law or breach any provision of this Agreement and is not intended to detrimentally affect the operation of this Website or any other website.

You agree to indemnify and hold Open Health Tools and its Members harmless from any costs, losses or damages that may arise as a result of a breach of the foregoing representation and warranties in respect of Content you contributed to Open Health Forge.

8. Violation of this Agreement

Open Health Tools and the Members reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action they deem appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Open Health Tools and the Members reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Website.

Open Health Tools and the Members reserve the right to refuse or delete any prohibited Content, or any Content that is unrelated to the Open Health Tools Vision as defined in the Open Health Tools Bylaws.

Open Health Tools, at Open Health Tools’ absolute discretion, and for any reason, reserves the right to terminate the rights of any user to use this Website, including the right to post Content to this Website, if Open Health Tools in its sole discretion believes that the acts or omissions of such user violates these Terms of Use or any of Open Health Tool’s policies or in any other way is detrimental to the goodwill and reputation of Open Health Tools, its Members, Contributors and Committers. Open Health Tools shall have no liability of any kind whatsoever to you or to any other person for any costs, losses or damages you or any third party may incur as a result of such termination by Open Health Tools.

You agree to comply with all domestic and international laws, statutes, ordinances and regulations in regards to your use of this Website, including without limitation laws regulating exports. All posting of encryption code must be reported by email to the U.S. government in accordance with the procedures described in http://www.bis.doc.gov/encryption/pubavailencsourcecodenofify.html (or its successor Web location as determined by the US government) and Section 740.13(e) of the EAR. You represent that you are not on a list of persons denied services under U.S. law or similar laws under any other jurisdiction.

9. Licenses

The Content provided on this Website is provided under the terms and conditions of the Open Health Tools Software Agreement and those additional terms, conditions and notices referenced therein.

If the Content is licensed to you under the terms and conditions of the Eclipse Public License ("EPL"), any Contributions, as defined in the applicable license(s), uploaded, submitted, or otherwise made available to Open Health Tools and/or the Members, by you that relate to such Content are provided under the terms and conditions of the EPL and can be made available to others under the terms of the EPL.

If the Content is licensed to you under license terms and conditions under an open source license other than the EPL ("Other License"), any modifications, enhancements and/or other code and/or documentation ("Modifications") uploaded, submitted, or otherwise made available to Open Health Tools and/or the Members, by you that relate to such Content are provided under terms and conditions of the Other License and can be made available to others under the terms of the Other License. In addition, with regard to Modifications for which you are the copyright holder, where possible, you are also providing the Modifications under the terms and conditions of the EPL and such Modifications can be made available to others under the terms of the EPL.

Any Content that you make available to Open Health Tools and/or Members through posting on Open Health Forge shall be provided under the terms and conditions of an Open-Source Initiative (“ OSI ”) approved license. The posting of the Content will also be subject to these Terms of Use including, without limitation, Sections 3 and 10 and 11 below.

For all other software, information and other material including, without limitation, ideas, concepts, know-how and techniques, uploaded, submitted or otherwise made available to Open Health Tools, the Members, and/or users of this Website, (collectively "Material"), you grant (or warrant that the owner of such rights has expressly granted) Open Health Tools, the Members and the users of this Website a worldwide, unrestricted, royalty free, fully paid up, irrevocable, perpetual, non-exclusive license to use, make, reproduce, prepare derivative works of, publicly display, publicly perform, transmit, sell, distribute, sublicense or otherwise transfer such Materials, and/or derivative works thereof, and authorize third parties to do any, some or all of the foregoing including, but not limited to, sublicensing others to do any some or all of the foregoing indefinitely. You represent and warrant that to your knowledge, you have sufficient rights in the Materials to grant the foregoing rights and licenses.

All logos and trademarks contained on this Website are and remain the property of their respective owners. No licenses or other rights in or to such logos and/or trademarks are granted to you. You retain all rights in your logos and/or trade marks and neither, Open Health nor any third party acquires any rights in such as a result of such logos and trade marks being included in the Content you post on the Website.

To the extent you wish to upload, submit, or otherwise make Non-Code Content (as defined below) available to Open Health Tools and/or the Members, you may make that material available under the terms and conditions of the EPL or another suitable open source license. Non-Code Content is Content for which you own or control all rights, and which is not program code intended to be submitted to a Project and documentation related to such code. For example, Non-Code Content would include white papers, dissertations, articles or other literary works, power point presentations, encyclopedias, anthologies, wikis, blogs, diagrams, drawings, sketches, photos or other images, audio content, video content and audiovisual materials.

10. Registration

Access to services, including, without limitation, posting to Forums and posting software to Open Health Forge, requires user registration. Upon registration, you agree to provide true, accurate, current and complete information on the Individual Contributor Request Form. In order to contribute IP to this Website your employer may be required to agree to the terms of the Contributor Employer Consent Form.. You agree to ensure that any information you are required to provide in connection with these forms is accurate and complete to the best of your knowledge and you agree to be bound by the terms and conditions of these agreements. In addition, you are solely responsible for maintaining the confidentiality of your user name and password associated with your account, and you are wholly responsible for any and all activities occurring thereunder. You must immediately notify Open Health Tools if there is any unauthorized use of your account. Open Health Tools shall not be liable for any loss or damage that you may incur as a result of any activity occurring under your account and you agree to indemnify and hold harmless Open Health Tools, its Members and Committers from any claims for costs losses or damages arising as a result of your failure to keep your password and account information secure.

11. Open Health Forge

You agree that all software posted to a Forge Project will contain a complete listing of the source code. Open Health Tools does not commit to pre-screening content posted by you, however, if Open Health Tools determines in its sole judgment that certain material is not appropriate for the Open Health Forge, Open Health Tools shall have the right without obligation or liability to you, to remove the material it deems inappropriate.

12. Proprietary Rights

You agree that the Content on the Website and all software required to operate the Website is owned by Open Health Tools or its third party licensors and that you are only permitted to use such in accordance with these Terms of Use. You agree not to remove, modify or hide any of Open Health Tool’s or any third party’s copyright notices contained in or affixed to any of the Content. Open Health Tools does not acquire any ownership rights in the Content you post on the Website and you and your third party licensors retain ownership all intellectual property rights in the Content that you post including without limitation all copyrights, patents, trade marks, logos and designs. You also agree to unconditionally waive your moral rights in any Content you post on the Website and to ensure that all other authors of the Content you post on the Website unconditionally waive their moral rights in such Content.

13. Allegations of Copyright Infringement

If any party believes that any Content contained on or accessible through the Open Health Tools Website infringes that party’s copyright, that party should notify the Operations Director of Open Health Tools and provide the Operations Director with the information specified at the [[Documents/Open Health Tools - Notification Procedure.pdf|Open Health Tools Copyright Notification Procedure]] in accordance with the procedure also specified in the [[Documents/Open Health Tools - Notification Procedure.pdf|Notification Procedure]]. The form of notice specified and the procedures are consistent with the form suggested by the United States Digital Millennium Copyright Act, which can be found at http://www.copyright.gov/legislation/dmca.pdf (or its successor Web location as determined by the US government). If a party makes a material misrepresentation when making a claim of copyright infringement or filing a counter notification that party will be liable for damages (including costs and legal fees).

14. Government Employees

If you are, or are part of, a state, provincial or national government, the indemnity provisions in Sections 7 and 10 shall not apply unless specifically authorized under applicable state, provincial or national law. Any allegation that you or any of your employees, agents or representatives have breached these Terms of Use shall be resolved through a means of dispute resolution permitted by applicable state, provincial or national law.