NOTE: As of June 14, 2013, the Project HealthDesign website is now an archive and will not be updated regularly. Please feel free to use the site to learn about our work exploring the power and potential of personal health records. Direct any inquiries to info@projecthealthdesign.org.
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HomeTerms of Use
 

Terms of Use

Thank you for your interest in Project HealthDesign.  By accessing or using the University of Wisconsin’s Project HealthDesign Program (hereinafter “Project HealthDesign”) website, www.projecthealthdesign.org and any and all sub-domains, versions and successors thereof, but not including the Project HealthDesign Download Site, (the “Site” or the “Website”), you agree to be bound by the following terms and conditions governing use of the Site (the “Terms of Use”).  If you do not agree to these Terms of Use, you should not use or access the Site.

Use of the Website

The purpose of the Website is to support technology pioneers as they design the next generation of personal health record systems and to make those innovative record systems available to the public.  The content of the Website is for general information purposes only.  You may only use the Website in accordance with these Terms of Use and may not use the Website to engage in any unlawful activity or fraudulent purpose or to infringe on the rights of Project HealthDesign, its affiliates or others.  This Site is not intended for use by children and may not be used by children under the age of 18.

Intellectual Property Rights

All content on the Website, including its appearance and look and feel, is owned by or licensed to Project HealthDesign and its affiliates unless otherwise expressly indicated on the Site.  All intellectual property rights remain with their respective rights holders.  You may not modify, copy, distribute, transmit, display, perform or create derivative works from the content, information or material on the Website except as permitted under these Terms of Use.

Unless otherwise noted, all content on the Website is licensed to you under the Creative Commons Attribution 3.0 Unported License.  This license grants you a limited, worldwide, royalty-free, non-exclusive, perpetual license to copy, distribute, transmit and adapt the content on this Site so long as you attribute the work in the manner specified below.  To view the full license terms, go to http://creativecommons.org/licenses/by/3.0/legalcode.  This license does not permit you to imply that your use of the Website’s content is endorsed, sponsored or encouraged by Project HealthDesign or its respective affiliates.

Attribution.  If you choose to copy, distribute, transmit or adapt Website content, you must attribute that content to Project HealthDesign using the following citation format:

[Name], [Title], [Grantee Project]. (Project HealthDesign), http://projecthealth design.org (accessed [Date]). License: Creative Commons Attribution 3.0 Unported License.

For example: 

Patricia Flatley Brennan, E-Primer 3: Health in Everyday Living, National Program Office, Project HealthDesign, http://www.projecthealthdesign.org/overview-phr/188321(accessed March 09, 2009). License: Creative Commons Attribution 3.0 Unported License.

You must include a copy of the Creative Commons Attribution 3.0 Unported License or a link to this Terms of Use with every copy of the content.

Any Project HealthDesign trademarks, trade dress, service marks or trade names that appear on the Site or are referenced on the Site are the property of Project HealthDesign and no license or other right to use such marks, names or dress are granted by these Terms of Use nor shall be deemed granted without the express written permission of Project HealthDesign.

Privacy Policy

The Project HealthDesign Privacy Policy, found at www.projecthealthdesign.org/privacy, applies to the use of this Site and its terms are part of these Terms of Use.

Not Health Information nor Medical Advice

This Website is not intended to contain or convey health information or medical advice.  Project HealthDesign is not responsible for the accuracy, veracity or competence of any health information or medical advice that you may find on the Site.  Reliance on any health information or medical advice provided by or found on the Site is at your own risk.

Disclaimers

The Website content, including but not limited to files, data, text, media, images, graphics, photos, and other materials, is made available to you by the Board of Regents of the University of Wisconsin System.  Neither Project HealthDesign, the
Board of Regents of the University of Wisconsin System, the Robert Wood Johnson Foundation, the California Health Care Foundation nor any affiliate thereof, nor any of their respective directors, trustees, officers, employees, representatives or agents (collectively, the “PHD Parties”) makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, reliability or usefulness of any information, apparatus, product, process or service disclosed.  All content, materials or other information on the Website is subject to errors, omissions or withdrawal without notice.  Project HealthDesign cannot and does not guarantee the performance of the Website or its content.  Reference in the content, materials or other information to any specific information, apparatus, product, process or service does not necessarily constitute or imply its endorsement, recommendation or favoring by the Project HealthDesign Parties.

Additional disclaimers may appear within the body of the Website or within its content and are incorporated herein by reference.

NO WARRANTY

THE WEBSITE, ITS CONTENT AND OTHER MATERIALS ARE PROVIDED “AS IS” AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PHD PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM CONTAMINATION BY COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, THAT THE CONTENT OR OTHER MATERIALS ARE FREE OF DEFECTS OR ERRORS, AND ANY WARRANTIES AS TO THE ACCURACY, ADEQUACY, COMPLETENESS, RELIABILITY, FUNCTIONALITY OR USEFULNESS OF THE WEBSITE, ITS CONTENT OR MATERIALS OR ANY PART THEREOF.

Limitation of Liability

You expressly understand and agree that Project HealthDesign and the PHD Parties shall not be responsible nor liable for any claims, liability, damages, loss, expense and/or costs, including but not limited to consequential, incidental, special, direct, indirect or punitive damages of any kind, including lost profit or revenue and attorneys’ fees, even if Project HealthDesign or the PHD Parties have been advised of the possibility of such damages, regardless of the form or cause of action, including but not limited to contract, negligence and other tort actions, that results directly or indirectly from or in connection with (i) the Website content or other materials; (ii) your use of the Website or its content; or (iii) errors, inaccuracies, omissions, misleading statements, technical malfunctions, bugs, viruses or other harmful components in the Website or its content.

Indemnification

You hereby agree to indemnify, defend, release and hold harmless Project HealthDesign and the PHD Parties from and against any and all third party claims, liability, damages, loss, expense and/or costs (including, but not limited to, attorneys’ fees) incurred as a result of or arising from your use of the Site, your use, modification, licensing, distribution or sale of the Website content or the use or access to the Site or its content by others resulting from your use of or access to the Website.

Use by United States Residents

This Site has been published in the United States and is directed towards residents of the United States.  You agree to use the Site in accordance with all United States federal, state and local laws and the Terms of Use.  If you access the Site from outside of the United States, you do so at your own risk and are responsible for complying with all applicable local laws.  Any such foreign users should not rely on information appearing on the Site.

Changes to Website

Project HealthDesign reserves the right to modify these Terms of Use and to change, suspend or discontinue all or any portion of the Website or its content at any time, in its discretion, without notice.  Your continued use of or access to the Website after a modification of these Terms of Use signifies your acceptance of such modification.

Termination of Access

You acknowledge that Project HealthDesign may terminate your access to the Site at any time, for any reason, with or without cause.

Waiver

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Project HealthDesign or, with respect to intellectual property rights, by the respective rights holder.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any principles of conflicts of laws, and the federal laws of the United States, regardless of where the user is located.  You agree to bring any claims arising under these Terms of Use exclusively in the state and federal courts in Madison, Wisconsin.

Assignment

These Terms of Use, in whole or in part, may not be transferred or assigned by you, but may be assigned by Project HealthDesign without restriction.

Invalidity of Terms

If any part of these Terms of Use is found to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.

Questions, Comments, Complaints or Service Issues

If you have any questions, comments, complaints or service issues relating to this Website, please contact us at info@projecthealthdesign.org.

Last updated: 06/16/2009

 
Project HealthDesign is a national program of the Robert Wood Johnson Foundation