TERMS OF SERVICE AND WEBSITE ACCESS AND USAGE
LAST UPDATED: January 17, 2023
AGREEMENT BETWEEN USER AND HEALTH TECH WITHOUT BORDERS- PLEASE READ THE TERMS OF SERVICE SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS WEBSITE ON THE WORLD WIDE WEB (THE “SITE”) AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
These Terms affect your legal rights, including an agreement to resolve disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials. Health Tech Without Borders (“HTWB”) may provide you, (the “User” or “you”), with access to its content, resources, tools for communication, public forums, commerce platforms, and other services through its network of websites (the “Service”). HTWB provides the Service to the User, subject to the following Terms, which you accept by accessing HTWB websites. HTWB is not responsible for providing you access facilities or equipment (in any form) to its Service. You, the User, also comprehend and agree that the Service may include advertisements and sponsorships and that these are necessary for HTWB to provide the Service. You also comprehend and agree that HTWB makes no warranty or representation about the suitability, reliability, availability, timeliness, accuracy of the information, products, services and related graphics contained within the Service for any purpose. The Service is provided “as is” without warranty of any kind. HTWB hereby disclaim all warranties and conditions with regard to the Service.
The content available through the Site (including lectures and videos) is for informational or educational purposes only, and does not substitute professional medical advice or consultations with healthcare professionals.
Use of the Service is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Service. If you are 17 years of age or younger, you must immediately navigate away from this Site.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
By using the Services or otherwise accessing the HTWB websites, you agree to be bound by all terms and conditions hereof and all policies and guidelines incorporated by reference The Service is provided to you, the User, under the terms and conditions and any amendments thereto and any operating rules or policies that may be published from time to time by HTWB as part of the Terms of Service/Legal Disclaimer and related disclosures which are cumulatively included herein by reference.
HTWB reserves the right to change any of the terms, conditions, and notices under which the Services are offered. You are responsible for regularly reviewing these Terms, including changes/modifications if any incorporated by us from time to time. Your continued use of the Service constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION TO THE SERVICE
HTWB reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice to the User at any time and from time to time. The User agrees that HTWB shall not be liable to the User or any third party for any modification or discontinuance of the Service.
As a condition of your use of the Service you will not use the Service for any illegal purposes. You will be solely responsible for the contents of transmissions made by you through the Service. You agree not to use the Service to: (a) Obstruct or hinder the use and enjoyment of the Service by other Users; (b) Violate any applicable local, state, national, and international laws and regulations; (c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) Interfere with or disrupt the Service or servers or networks connected to the Service, or defy any requirements, regulations or guidelines of networks connected to the Service; (e) Upload, post, e-mail, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another’s privacy, caste related, ethnically or otherwise objectionable; (f) Upload, post, e-mail, transmit or otherwise make available any content protected by any patent, trademark, copyright or other intellectual proprietary laws unless you own or control the rights thereto or have received all necessary consents to do the same; (g) Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another; (h) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the Service; and (i) Conduct any activity that would aid or assist terrorism or related activity. HTWB reserves the right to terminate your access to any or all of the Services, at any time, without notice, for any reason whatsoever.
As part of the Service’s registration process you will provide us with current, complete and accurate information as requested by the registration form. You are entirely responsible for any and all activities that occur under your account.
LINKS ON/IN THE SERVICES
The Service or third parties may provide links to other worldwide web sites or resources. Because HTWB has no control over such sites and resources, you acknowledge and agree that HTWB is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, information, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HTWB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
HTWB’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HTWB, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
LIMITATION OF LIABILITY
You expressly understand and agree that to the extent permitted under law, HTWB shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if HTWB has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service, including information provided regarding health matters; (ii) the cost of procurement of substitute services resulting from any services obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
You agree to indemnify and hold HTWB, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand including reasonable attorneys’ fees, which any third party may make due to or arising out of content you submit or transmit through the Service, your use of the Service, your connection to the service, your violations of these Terms (whether alleged or otherwise), or your violation of any rights of another, whether direct or indirect (including without limitation claims for misrepresentation).
CONTENT PROVIDED TO THE SERVICE
HTWB does not claim ownership of the “content” (in the form of data, text, software, music, sound, photographs, graphics, video, messages or other materials) you provide to HTWB (including feedback and suggestions). However, by providing such content or any other material, you grant HTWB and its affiliate sites unrestricted and irrevocable permission to use your submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission, and to publish your name in connection with your submission.
COPYRIGHT INFRINGEMENT POLICY
In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), HTWB will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on www.htwb.org has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:
a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.
HTWB’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:
Designated Agent – Copyright Infringement Claims
PO Box 961560
Boston, MA 02196
By visiting HTWB, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and HTWB.
DISPUTES AND ARBITRATION/CLASS ACTION WAIVER
Any dispute relating in any way to your visiting this website or your use of any of the Services shall be submitted to confidential, binding arbitration in Boston, Massachusetts, except that, to the extent you have in any manner violated or threatened to violate HTWB’s intellectual property rights, HTWB may seek injunctive or other appropriate relief in any state or federal court in Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration hereunder shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding, but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration hereunder shall be joined to an arbitration involving any other party subject to these terms and conditions, whether through class arbitration proceedings or otherwise.