The following Terms and Conditions may be updated from time to time without notice. This website, www.bostonhealthcare.com (the “Site”), is owned by Boston Healthcare Associates, Inc. and its subsidiary company, BHAI, LLC (collectively “BHA”, or “BHAI”), may, from time to time, offer and promote services other than this Site, which services may be governed by different Terms and Conditions.
Access to the Site and Services
By accessing, browsing, and using the Site and its services (“Services”), you (the “User”) accept, without limitation or qualification, these TERMS AND CONDITIONS. If you do not wish to be bound by these TERMS AND CONDITIONS, you should not access the Site and its Services.
By using the Services or the Site, you represent and warrant that you are 13 (thirteen) years of age or older and that you accept and agree to abide by all of the terms and conditions as set forth here. The Site may, without notice to the User, add additional features or change or eliminate features or Services, change nomenclature, and make other changes at any time, which will be subject to these TERMS AND CONDITIONS.
You acknowledge that the Site, its Services, any underlying technology used in connection therewith, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the “Content”) available within the Site are protected by U.S. Copyright and Trademark laws. Except as expressly authorized by BHA or any relevant third parties, or as may be posted on the Site, the User may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. The User may not store any of the Content or the Services owned by or licensed to BHA in any form, whether archival files, computer-readable files, or via any other medium. The User also may not “mirror” or reverse engineer any Content or the Services on any other server.
The marks BOSTON HEALTHCARE®, CREATE NAVIGATE GROW ACHIEVE®, CREATE NAVIGATE®, FROM MIND TO MARKET®, UNLOCK THE VALUE OF INNOVATION®, along with the graphical marks shown on this Site are registered trademarks and service marks owned by BHA. The domain name www.bostonhealthcare.com is operated by BHA. Any unauthorized use or claim of ownership of either the marks or the domain name will be prosecuted to the full extent of the law.
Offensive Conduct Policy
We wish for all of our Users to have a pleasant experience while visiting our Site. Accordingly, the use of hateful, offensive, profane, racist, sexist, vulgar, or otherwise inappropriate conduct or language on the Site is not permitted and will not be tolerated. Additionally, we will not perform services for any User whose content includes, promotes or distributes material reasonably considered to be illegal as well as content which promotes terrorism, hate crimes, or other objectionable material. BHA does not permit the posting or publication of material that contains pornography, abuse, dangerous or illegal activities, terrorism, hate crimes, or any other objectionable or illegal material. BHA reserves the right to refuse service to anyone posting or publishing such materials without notice or further justification. BHA reserves the right to reject, remove, or otherwise exclude any such language from use on its Site. Moreover, BHA reserves the right to prevent any User who is in violation of this policy from making future postings on the Site.
Disclaimer of Warranty
THE USER AGREES THAT, EXCEPT AS OTHERWISE MIGHT BE EXPLICITLY PROVIDE HEREIN, ACCESS TO THE SITE, AND USE OF THE SERVICES IS AT THE USER’S OWN RISK. NEITHER BHA NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES MAY BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY, OR CONTENT OF THE SERVICES. ALL OTHER SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL BHA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF BHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THE USER’S USE OF OR INABILITY TO ACCESS THE SITE, OR TO USE ANY OTHER SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BHA’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL BHA’S LIABILITY TO A USER EXCEED THE AMOUNT PAID BY THE USER FOR THE USE OF THE WEBSITE OR ITS SERVICES.
NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF ANY USER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD ON THE PART OF BHA.
The User agrees to indemnify and hold BHA and its affiliates, officers, agents, partners, and employees, harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of information submitted by, posted to, emailed, or otherwise transmitted by the User through the Services, your use of the Services, your connection to the Services, or your breach of the TERMS AND CONDITIONS.
All inquiries into alleged trademark or copyright infringement on the Site or its Services should be directed to Boston Healthcare Associates, Inc., 75 Federal Street, Suite 900, Boston, MA 02110.
Local Laws; Export Control
BHA controls and operates the Site from its headquarters in the United States and makes no representation that the Content is appropriate or available for use in other locations. If the User uses the Site and its Services from other locations, the User is responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. BHA also disclaims responsibility for any User attempting to do business with this Site from countries with which the United States has specifically banned trade and commerce, such as Cuba, Iraq, Syria and others as listed on the U.S. Department of State’s website. BHA will not provide any Services for a User domiciled or doing business from any barred country. Unless otherwise explicitly stated, all marketing or promotional materials found on the Site and its Services comply with the laws of the United States.
By accessing the Site, the User agrees to the above stated TERMS AND CONDITIONS. This Agreement is entered into in the Commonwealth of Massachusetts and shall be construed in accordance with the laws of the Commonwealth of Massachusetts, exclusive of its choice of law rules. Each party to this TERMS AND CONDITIONS submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the Commonwealth of Massachusetts, Suffolk County, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these TERMS AND CONDITIONS, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any provisions of these TERMS AND CONDITIONS are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these TERMS AND CONDITIONS shall otherwise remain in full force and effect. These TERMS AND CONDITIONS and any posted guidelines or rules applicable to the Site and Services subject to this Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Please report any violations of the TERMS AND CONDITIONS through our “Contact Us” page.
Content and Terms and Conditions
The Terms and Conditions contain our intellectual property policies, our content policies and general use policies. We reserve the right to refuse to work on any project, without the need for providing justification therefore. We will not provide services for any project or potential client for content which is offensive, illegal or which contains illicit or infringing material.
The Client is fully responsible for the provision, exploitation, maintenance and use of all content, provided by him, including, but not limited to, issues related to:
(a) correspondence of the Client’s content to provisions of laws about copyright protection of all applicable jurisdictions;
(b) any claims, related to the contеnt;
(c) immediate reaction for notices to the Client (or affiliated persons) by any person, claiming that the Client’s content is infringing the rights of such person.
© 2015 Boston Healthcare Associates, Inc. All Rights Reserved. BOSTON HEALTHCARE®, CREATE NAVIGATE GROW ACHIEVE®, CREATE NAVIGATE®, FROM MIND TO MARKET®, UNLOCK THE VALUE OF INNOVATION® are registered trademarks of Boston Healthcare Associates, Inc. in the United States, EU and Hong Kong.
This policy has been updated as of 01 May 2015.