Acceptance of the Terms
International: NBMTM makes no representation that Content is appropriate or available for use outside the United States. Those who choose to access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Such users also agree to comply with all applicable United States export controls.
This Website contains a variety of resources and content including but not limited to educational materials, articles, reference tools, images, photographs, sounds, music, artwork, communication tools, discussion and chat boards, text, exemplars, topic-based discussions, event based services such as live and recorded webinars, directories, guides, articles, opinions, weblogs, reviews, text, design, logos, graphics, button, icons, photographs, images, illustrations, a look and feel, layout, navigational structure, ideas, unique expressions of ideas, visual display choices, website trade dress elements, audio clips, video clips, trademarks, service marks and the like that are protected by copyright and/or other intellectual property laws (collectively the “Content”). All Content and the rights thereto are owned, licensed or controlled by NBMTM and/or its affiliates. User agrees that unless expressly granted otherwise herein, User shall not cause any Content to be copied, reproduced, distributed, parsed, modified, republished, encoded, translated, or delivered manually or electronically in any way (including but not limited to mirroring) to any source either directly or indirectly. User shall not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way commercially exploit or provide to a third party the Content or any other portion of the website without the prior written consent of NBMTM. Content use may be subject to further restrictions as described herein.
If any downloads are purposely made available to you through the Website, you may use such downloaded materials, provided that such use is for personal and not for commercial use; that you do not remove any proprietary notices on such materials, if any; that you do not copy or post such materials on any computer, website, or broadcast medium; that you make no changes to such materials; that you do not distribute such materials to any third parties; and that you do not attempt to electronically reproduce such materials and that you follow any other restrictions posted or present about or on such downloaded materials.
Not limiting the restrictions in section 1, trademarks, service marks, logos and brand identifiers (Collectively the “Marks”) found on this Website are registered domestic or international trademarks or service marks or otherwise protected by common law and therefore are owned by NBMTM or its affiliates and subsidiaries. Unless otherwise granted explicit permission in writing from NBMTM, nothing contained in this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Marks without the prior written permission of NBMTM. Any misuse of the Marks is strictly prohibited and may violate federal and/or common trademark laws. Other brands or product names used on the Website may be trademarks and/or service marks of their respective owners, and should be treated as such. User should not use any Marks without the express written permission of NBMTM.
4. ADDITIONAL TERMS
5. USER PROVIDED MATERIALS
6. USE RESTRICTIONS:
Unless otherwise expressly granted herein, User may not, and may not permit others, to:
- Use the Website to perform any illegal activities, including, but not limited to, defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal or privacy rights of others;
- Use the Website to collect names or contact information for mailings or communications;
- Sell, rent, lease, license, sublicense, or assign the Website, the use of the Website, and/or Content;
- Reverse engineer, decompile, disassemble, or otherwise derive the source code or object code from the Website or any Content;
- Alter, modify, adapt, reconfigure, or prepare derivative works of the Content or Website;
- Provide or permit access to the Website or its Content except for the sole use of User;
- Archive or retain any of the Website or its Content in any form without the express written permission of NBMTM;
- Distribute (including but not limited to via e-mail or the Internet), or otherwise make available copies of the Website or Content to others, whether or not for payment or other consideration, without the written permission from NBMTM;
- Copy, extract, summarize, distribute or otherwise use the Website or its Content in any manner which competes with or substitutes for NBMTM’s distribution of the Website or its Content to its users or Subscribers;
- Transmit information that infringes any copyright, trademark, trade secret, or other intellectual property rights of any party;
- Transmit any material that contains malware, virus, other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;
- Impersonate anyone or any entity, falsely state or otherwise misrepresent other users’ affiliation with a person or entity;
- Collect or store personal data about other users or members;
- Disclose any Health Protected Information Personal Identifying Information (“PII”) or any information that would be a violation of the federal regulations issued pursuant to the Health Insurance Portability and Accountability Act (“HIPAA”) and codified at 45 C.F.R. Parts 160 and 164, subparts A and E (the “Privacy Rule”) and Part 164, subparts A and C (the Security rule”), or Subtitle D of the Health Information Technology for Economic and Clinical Health Act (“HITECH”).
- Disclose Personal Information about yourself that is not necessary or about others without their express permission.
- Directly or indirectly copy or allow the copying of any material on the Website whether by scraping, robots, spiders, crawlers, deep-link, page-scrape or any other similar method.
- Directly or indirectly copy electronically or manually.
- Circumvent the normal and organic navigational structure of the Website or try to obtain documents, files or directories that are not meant to be publicly displayed.
- Probe, electronically scan, reverse engineer, or decompile any code on the Website.
- Directly or indirectly provide or create an unreasonably or disproportionate load on the Website.
- Use the Website manually or electronically, directly or indirectly, for your own purposes or for a third party, to gain access or information about any other user of the Website or member of the NBMTM or its affiliates.
- Take any action manually or electronically, directly or indirectly, for your own purposes or for a third party, to interfere with the normal operation of this Website or of another user’s operation of this Website.
- Use the Website to create or distribute mailing lists.
7. CHANGES ON THE WEBSITE
NBMTM may modify, suspend, discontinue or restrict the use of any portion of the Website, including the availability of any Content at any time and without notice or liability. NBMTM does not guarantee or have any obligation to keep or store Content or User generated content although it has the right to do so.
THIS WEBSITE AND THE INFORMATION, SERVICES, PRODUCTS, AND CONTENT CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTIES EXPRESSED OR IMPLIED INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF USAGE, OPERATION OF WEBSITE IS ERROR-FREE, NON-INFRINGEMENT, ANY AVAILABILITY, ACCURACY OR COMPLETENESS OF THE MATERIALS AND/OR CONTENT, SOFTWARE, DOCUMENTATION, OR INFORMATION. NBMTM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THIS WEBSITE, WHETHER BY NBMTM OR A THIRD PARTY, INCLUDING BUT NOT LIMITED TO THE CONTENT AND DISCUSSION BOARDS; USER ACKNOWLEDGES THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT USER’S SOLE RISK.
User agrees to defend, indemnify and hold NBMTM and its affiliates, owners, directors, officers, employees, agents, successors and assigns, and state affiliates harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by NBMTM, directly or indirectly, with respect to or arising out of: (i) User’s failure to comply with these Terms; (ii) User’s breach of any obligations under these Terms; (iii) User’s use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) any third party claim based on User’s use of this Website and/or (v) User’s violation of any third party right, including without limitation any copyright, trademark, other intellectual property, or privacy right.
10. LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, IN NO EVENT SHALL NBMTM OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, CONTENT, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND All PROPRIETARY INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE; AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. GOVERNING LAW
14. TERMINATION OF USE
15. OTHER USE RESTRICTIONS
You may not directly or indirectly copy or allow the copying of any material on the Website whether by scraping, robots, spiders, crawlers, deep-link, page-scrape or any other similar method. You may not directly or indirectly copy manually. You may not circumvent the normal and organic navigational structure of the Website or try to obtain documents, files or directories that are not meant to be publicly displayed. You may not probe, electronically scan, reverse engineer, or decompile any code of or on the site that is not part of the public html layer .You agree not to directly or indirectly provide or create an unreasonably or disproportionate load on the Website. You will not use the Website manually or electronically, directly or indirectly, for your own purposes or for a third party, to gain access or information about any other User of the Website or member of the NBMTM and its affiliates and subsidiaries. You agree not to take any action manually or electronically, directly or indirectly, for your own purposes or for a third party, to interfere with the normal operation of this Website or of another User’s operation of this Website.
17. NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY OR COPYRIGHT INFRINGEMENT; AGENT FOR NOTICE OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide NBMTM’s Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
NBMTM’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: DMCA.Notices@nbmtm.org
18. NOT MEDICAL ADVICE
Nothing on this Website should be construed as giving medical advice or establishing a patient client privilege relationship.
19. LAWS, RULES, AND REGULATIONS
The User agrees to follow all applicable laws, regulations, statutes, and ordinances in using this Website.
No failure to exercise a right or privilege by NBMTM shall be deemed a waiver of such right or privilege.
21. No Third Party Beneficiaries.
Nothing in this Agreement shall confer any rights to any party other than NBMTM and the User.
22. COMPLETE AGREEMENT
This Agreement represents the entire understanding of the parties and any and all other communications are superseded.