Posted: October 3, 2024

These terms of use (these “Terms”) govern your use of the website of the Peterson Center on Healthcare (“PCH,” “we,” “our,” “us”) at www.petersonhealthcare.org (the “Site”). These Terms constitute a legally binding agreement between you and us with respect to your use of the Site.

By visiting the Site, you acknowledge that you have read and agree to these Terms, which we may update at any time without notice to you. If we update these Terms, we will post the updated version here. Any such changes will be effective as to you when you first access the Site after we post the changes here. If you have any questions about these Terms, you may email us at info@petersonhealthcare.org or write to us at Peterson Center on Healthcare, Attention: Legal, 1159 Second Avenue Box #439, New York, NY 10065, USA.

We urge you to carefully review these Terms each time you visit the Site. If you do not agree with any provision of these Terms, you must stop using the Site. You acknowledge and agree that such termination of use will be your exclusive remedy and our sole liability if you do not wish to be bound by these Terms or any modifications to these Terms.

These Terms, which incorporate our Privacy Policy, constitute the entire agreement and understanding between you and us, and supersede any prior agreements and understandings, with respect to your use of the Site.

Age Requirement

This Site is intended for use by adults. You represent that you are at least 18 years of age.

No Agency, Partnership or Joint Venture

You acknowledge that your use of the Site does not create or constitute an agency, partnership or joint venture relationship with us, and nothing herein contained is intended to create or constitute, nor will it be construed to create or constitute, such an agency, partnership or joint venture relationship.

Personal Data

We are the controller in relation to any personal data that we collect in connection with your use of the Site.

License

We grant you a limited, non-sublicensable, non-assignable license, subject to these Terms, to access and use the Site. We may revoke this license at any time. All rights not expressly granted to you herein are reserved by us.

Restrictions On Use

In using the Site, you warrant and covenant that you will not:

• violate any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities;
• act in a manner that violates any contractual or fiduciary obligations or third party rights or infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights of any third party;
• violate or attempt to violate the security of the Site;
• reverse engineer, decompile or disassemble any portion of the Site;
• provide any information pertaining to a third party without that person’s authorization;
• use the Site in a manner that, or provide, share, display or generate any content that: promotes unlawful activities; is harmful, threatening, fraudulent, deceptive or misleading; constitutes harassment, abuse, discrimination, hate speech, libel, defamation, pornography or obscenity; or violates anyone’s rights of privacy or publicity or other rights;
• impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
• “scrape” information from the Site by automated means; or
• interfere with the ability of others to use the Site.

Without limitation of the foregoing, you acknowledge that the license set forth herein does not permit, without our prior written consent: (1) any resale or commercial use of the Site; (2) the distribution, public performance or public display of all or any portion of the Site; (3) modifying or otherwise making any derivative uses of the Site; (4) downloading (other than the page caching) of any portion of the Site; (5) using the Site in connection with the training, development, or operation of any machine learning or artificial intelligence model or tool; or (6) otherwise using the Site for other than its intended purpose.

Proprietary Rights

We and/or our licensors own the Site, including all trademarks, logos, content, graphics, images, artwork, text, software and other technology included in the Site. The foregoing ownership rights include all intellectual property rights inherent therein or appurtenant thereto. You may not link any website to the Site without our prior written consent and if you do link other websites to the Site, you may not imply or suggest that we have endorsed or are affiliated with such websites, and you may not display the Site as “framed” within another website. We shall be free to use, for any purpose, any ideas, concepts, know-how or techniques related to the operation, content, technology or design of the Site that you provide to us.

Communications

While we make commercially reasonable efforts to ensure that the Site is secure, we do not guarantee the security of the Site or your communications with us through the Site. Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from the Site may not be secure.

Third Party Websites

These Terms apply only to the Site and not to other websites that you may link to from the Site. We have no control over other websites that may be accessible from the Site. If you access any third party website through the Site or otherwise, you do so at your own risk. Links to or from the Site do not constitute endorsement of, sponsorship by or affiliation with us. We encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

International Use

The Site is operated and controlled in the United States. Due to the global nature of the Internet, the Site may be accessed by users in countries other than the United States. We make no warranties that materials on the Site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use the Site, then you should not do so. Those who choose to access the Site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations. In addition, information collected from users outside the United States may be transferred to the United States. You agree that by accessing the Site, you shall be deemed to represent and warrant that your access to and use of the Site is permitted under all laws and regulations applicable to you.

DISCLAIMERS

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR INFORMATIONAL PURPOSES ONLY. USE OF THE SITE IS AT YOUR OWN RISK. WE WILL NOT BE LIABLE FOR ANY ACTIONS YOU TAKE OR FAIL TO TAKE BASED ON INFORMATION PROVIDED HERE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE CONTENT AVAILABLE ON THE SITE WILL BE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED OR OBTAINED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE, TO THE EXTENT PERMITTED BY LAW, CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PCH NOR ANY OF ITS AFFILIATES, NOR THEIR RESPECTIVE AGENTS, MEMBERS, DIRECTORS OR EMPLOYEES, ARE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, LIABILITIES, OR INJURIES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS OR LOSSES, HOWEVER CAUSED, ARISING OUT OF YOUR USE OF (OR INABILITY TO USE) THE SITE, WHETHER ARISING UNDER THESE TERMS OR OTHERWISE. OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES, LIABILITY OR INJURY THAT YOU MAY SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE, INCLUDING ANY DAMAGES, LIABILITIES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, OR OTHER COMPUTER MALFUNCTION. WITHOUT LIMITING THE FOREGOING, UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF PCH AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, MEMBERS, DIRECTORS AND EMPLOYEES WITH RESPECT TO YOUR USE OF THE SITE IS ONE DOLLAR (USD $1.00). NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED HEREIN SHALL CONSTITUTE A WAIVER BY YOU OF ANY OF YOUR LEGAL RIGHTS UNDER ANY LAWS, WHOSE APPLICABILITY IS NOT PERMITTED TO BE CONTRACTUALLY WAIVED.

Termination

We may terminate your access to the Site for any reason, without prior notice. The provisions herein, other than your license to use the Site, will survive any termination of these Terms or termination of your access to the Site.

Assignment

We may assign our rights or delegate our obligations under these Terms, in whole or in part, at any time without your consent. You may not assign any of your rights, nor delegate any of your obligations, under these Terms. Any purported assignment or delegation in violation of these Terms shall be null and void.

Governing Law and Forum

You agree that your use of the Site and any disputes relating to the Site or these Terms shall be governed in all respects by the laws of the State of New York without reference to its conflict of laws provisions. Any dispute relating to the above shall be brought solely in the state or federal courts located in New York, New York, USA, and you expressly consent to the exercise of personal jurisdiction by and to venue in any such courts for purposes of resolving such disputes. You hereby waive trial by jury in any such action related thereto. YOU AGREE TO BRING ANY CLAIM SOLELY IN YOUR INDIVIDUAL CAPACITY AND YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY CLAIM AS PART OF A GROUP OR AS A CLASS ACTION.

Interpretation

If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions. All references herein to “include” or “including” shall be deemed to mean “include without limitation” or “including without limitation,” as the case may be.

No Waiver

Our failure to require your performance of any of your obligations under these Terms shall not affect the full right to require such performance at any time thereafter nor shall our waiver of a breach of any provision of these Terms be taken or held to be a waiver of the provision itself.