AMERICAN HEART ASSOCIATION ACLS TERMS OF USE AND USER AGREEMENT (Android)
BACKGROUND
AHA ACLS (“ACLS” or the “Application”) is an application developed by Massachusetts General Hospital (“MGH”) that serves as a digital repository for ACLS protocols developed by the American Heart Association (“AHA”) with minor added enhancements by MGH clinicians.
ACLS is intended for use solely by licensed physicians, physician assistants, nurse practitioners and emergency medical technicians as an informational resource only and solely within such individual’s scope of expertise and practice. ACLS IS NOT A SUBSTITUTE FOR A MEDICAL PROFESSIONAL’S INDEPENDENT PROFESSIONAL MEDICAL JUDGMENT, ADVICE, DIAGNOSIS, OR TREATMENT. You agree and acknowledge that ACLS is not to be used by non-medical professionals.
Information that you may provide in connection with the use of this Application is not considered “Protected Health Information” (“PHI”) as defined under the Health Insurance Portability & Accountability Act and related laws, rules, and regulations as may be amended from time to time (collectively referred to as “HIPAA”) and is not subject to the MGH or Mass General Brigham (formerly known as Partners HealthCare) Notice of Privacy Practices. You agree and acknowledge that MGH does not serve as a “Business Associate” to you, as defined by HIPAA, and that no Business Associate relationship, nor physician-patient relationship, is created with MGH by the use of ACLS. You further agree not to provide any information in connection with ACLS that constitutes PHI with respect to you or your patients, clients, customers or affiliates. MGH shall have the right but not the responsibility to reject, return, destroy, or dispose of any information provided in violation of, or noncompliance with, the foregoing, and any such violation or noncompliance shall be grounds for termination in MGH’s sole and absolute discretion.
By clicking the button below labeled, “I Accept” or by accessing or using the ACLS application, you are indicating your acceptance and agreement to be bound by these Terms of Use (“Terms” or the “Agreement”) and you are confirming that you have read the ACLS Application Privacy Policy. Further, ACLS is available by download through the Google Play Store and Apple iOS App Store. This Agreement includes terms specific to Android and Apple iOS device users, as set forth below.
Android Users Only
If you download ACLS on an Android Mobile Device, then the following terms and conditions in this section apply.
You will be responsible for any and all fees charged by Google in connection with the use and download of ACLS.
Both MGH and you acknowledge that this Agreement is between MGH and you, and that Google, Inc. (and any of its subsidiaries) (any of the foregoing, individually or collectively, “Google”) is not a party to this Agreement. By clicking the button below labeled, “I Accept” or by accessing or using the ACLS application, you are indicating your acceptance and agreement to all of the terms and conditions of this Agreement, which incorporates by reference the Google Play Store Terms of Service http://play.google.com/intl/en_us/about/play-terms.html (the “Google Play Terms of Service”). Upon valid acceptance of this Agreement (as described above), you agree and understand that you are also bound by the Google Play Terms of Service.
You acknowledge that (i) ACLS relies in part on functionality provided by Google (the “Google Functionality”), (ii) any information that you provide via ACLS may be shared with Google in connection with such use of the Google Functionality, and (iii) all such information shall be handled by Google in accordance with the then-current Google Privacy Policy (currently available at http://www.google.com/privacy.html), as may be amended by Google from time to time).
You may contact MGH concerning any defects or performance issues in ACLS. As between MGH and Google, MGH is solely responsible, and Google will have no responsibility, for undertaking or handling the support and maintenance of ACLS and any complaints about ACLS.
IN THE EVENT OF ANY FAILURE OF ACLS TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY GOOGLE, AND, IF APPLICABLE, GOOGLE WILL REFUND THE PURCHASE PRICE FOR ACLS TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO ACLS, AND WILL HAVE NO RESPONSIBILITY FOR ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY APPLICABLE WARRANTY.
Changes to these Terms
If MGH updates these Terms, MGH will post the updated terms within the “ACLS Terms of Use” section of the Application. Your continued use of ACLS after such changes become effective constitutes acceptance of the new terms. If you do not agree to such changed terms, or if at any time you no longer wish to otherwise abide by these Terms, you may not access or use ACLS. The most current version of these Terms can be accessed at any time by navigating to the “ACLS Terms of Use” section of the Application. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this application.
ACLS ACCESS
Upon your acceptance of and subject to these Terms, MGH hereby grants you a limited, non-sublicensable, non-transferrable, non-exclusive revocable license to access and use ACLS solely for your own personal purposes on any mobile device that you own or control. You agree that you shall use ACLS only in accordance with these Terms, applicable law, and the rules, policies, and procedures established by MGH for use of ACLS. This license may not be shared with or transferred or sublicensed to any other party. You represent and warrant that all information provided to MGH in connection with ACLS and this Agreement, including in the process of registration for ACLS, is true, accurate and complete. You acknowledge that MGH has no obligation to confirm the truth, accuracy, or completeness of any information you provide in connection with ACLS. You are responsible for installing and maintaining all devices and systems necessary to access ACLS and for paying all charges related thereto. MGH shall not be obligated to provide any maintenance and support with respect to the ACLS application, and, in no event, shall Google or Apple be required to provide any such maintenance and support.
NON-DISCLOSURE AND CONFIDENTIALITY
In using ACLS, you will have access to confidential information of MGH, AHA and third parties (“Confidential Information”) that may include software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, functional specifications, technical materials and information, and related documentation.
During the term of this Agreement and thereafter, you agree not to disclose any Confidential Information to any third party except as permitted by this Agreement and by applicable law.
Without limiting the foregoing, you agree to undertake all reasonable measures to ensure the privacy and security of all Confidential Information including without limitation: (i) not to access or use any Confidential Information that you have no legitimate authorization to access or use; (ii) not to access ACLS, any content or material contained within ACLS including but not limited to any AHA content or material, or any Confidential Information for or on behalf of any other individual or any unauthorized third party. You acknowledge and agree that all obligations relating to Confidential Information under this Agreement will continue after termination of this Agreement and termination of access rights hereunder.
TERM; TERMINATION
By clicking the “I accept” button and paying the applicable subscription fee, you are purchasing access to ACLS for a one (1) year subscription term (the “Subscription Term”). At the end of the Subscription Term, your access to ACLS shall automatically renew until you cancel your subscription. In addition, MGH may terminate this Agreement and/or terminate or suspend your license and access to the ACLS and deactivate your account at any time, including prior to the end of the Subscription Term, if you violate any term of this Agreement or if continuing to provide such access would, based on the sole and absolute determination of MGH, violate any applicable law, rule or regulation.
MGH has the right to refuse to provide access to ACLS to any person, agency, or organization, or to prohibit any person, agency, or organization from using ACLS, at any time and for any reason. MGH reserves the right to change, suspend, or discontinue all or part of ACLS, temporarily or permanently, without prior notice.
Claims of Copyright Infringement – Digital Millennium Copyright Act Notice
We respect the intellectual property rights of others and require that our users do the same. If you believe that any content available on ACLS constitutes infringement of a work protected by copyright (each, a “Work”), then please notify us as follows:
Mass General Brigham Incorporated (formerly Partners HealthCare System, Inc.)
399 Revolution Drive, Somerville, MA 02145
Attn: William Glen Mitchell, Manager of Security Monitoring
Email: dmca-agent@partners.org
Tel: 857-282-3515
Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
We have implemented a repeat infringer policy to address instances in which a particular user is subject to multiple DMCA notifications (the “Repeat Infringer Policy”). If we determine that a user has violated our Repeat Infringer Policy, then we may take, in our sole discretion, any number of steps including, but not limited to, issuing warnings to the applicable user, suspending, or terminating that user’s account, and any other interim measures that we deem appropriate.
COPYRIGHT AND PROPRIETARY RIGHTS
You acknowledge and agree that ACLS and the Confidential Information is the property of MGH or their respective licensors (including AHA) and are protected by United States and international intellectual property laws, including copyright law, trademark law, and trade secret law, as well as other state, federal and international laws and regulations. Except as expressly provided in this Agreement, MGH and AHA do not grant any rights to you under any patents, copyrights, trademarks, trade secret, or any other intellectual property law. Accordingly, unauthorized use of ACLS or the Confidential Information may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights or other laws or regulations. The copying, redistribution, use or publication by you of any part of ACLS or the Confidential Information contained therein is strictly prohibited; provided, that you may print, copy electronically, or download information from the Application for personal, non-commercial use only, provided you identify the source of the material and include a statement that the materials are protected by copyright and other intellectual property law.
MGH shall have the right to use and incorporate into ACLS any feedback and input provided by you, for any purpose, including the improvement of ACLS and other research, educational and patient care purposes.
THIRD-PARTY CONTENT
ACLS may contain third party materials and/or links to third-party materials and third-party websites for your information and convenience. MGH is not responsible for the availability, accuracy, or content of any of those third-party materials or websites nor does it endorse them. Prior to accessing this information or these third-party websites you may be asked to agree to additional terms and conditions provided by such third parties which govern access to and use of those websites or materials.
All information pertaining to Adult Cardiac Life Support contained within ACLS such as text, graphics, logos, and images is copyrighted by and proprietary to AHA and may not be reproduced in whole or in part.
DISCLAIMERS
THE CONTENT CONTAINED WITHIN ACLS IS BASED ON CERTAIN PUBLISHED MEDICAL LITERATURE, NATIONAL AND STATE GUIDELINES, AND/OR EXPERT CONSENSUS OR INPUT, WHICH CONTINUES TO EVOLVE. MGH MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES, PROTECTIONS, OR INDEMNITIES REGARDING AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, CURRENTNESS, COMPREHENSIVENESS, CLINICAL RELEVANCE, APPLICABILITY OR EXHAUSTIVENESS OF, OR ANY UPDATES TO, THE CONTENT CONTAINED IN ACLS. ALL INFORMATION ACCESSED IN OR THROUGH ACLS IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE, REPLACE OR SERVE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, AND YOU AGREE NOT TO CONSTRUE IT AS SUCH. THE INFORMATION ACCESSED THROUGH ACLS SHOULD BE REVIEWED, EVALUATED AND ADAPTED AS NEEDED BASED ON A PATIENT’S UNIQUE CIRCUMSTANCES AND OTHER RELEVANT FACTORS BY EACH AUTHORIZED USER IN HIS OR HER INDEPENDENT MEDICAL PROFESSIONAL JUDGMENT.
USE OF THE ACLS APPLICATION DOES NOT CREATE A COVERED ENTITY-BUSINESS ASSOCIATE RELATIONSHIP, NOR DOES IT CREATE ANY PHYSICIAN-PATIENT RELATIONSHIP. IT IS NOT AN ATTEMPT TO CONSTITUTE OR SUBSTITUTE FOR THE PRACTICE OF MEDICINE NOR AS A SUBSTITUTE FOR INDIVIDUAL PATIENT ASSESSMENT BASED ON A LICENSED HEALTHCARE PROVIDER’S OR QUALIFIED HEALTH PROFESSIONAL’S EXAMINATION OF EACH PATIENT OR THE PROVISION OF ANY OTHER MEDICAL OR CLINICAL PROFESSIONAL SERVICES.
YOU ASSUME FULL RESPONSIBILITY FOR USING THIS INFORMATION AND AGREE TO EXERCISE YOUR OWN INDEPENDENT MEDICAL PROFESSIONAL JUDGMENT AT ALL TIMES IN ACCORDANCE WITH THE FOREGOING. YOU AGREE AND ACKNOWLEDGE THAT MGH IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS AND DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CLAIM, LOSS, DAMAGE OR INJURY (INCLUDING DEATH) TO ANY PERSONS OR PROPERTY ARISING FROM ANY USE OF OR RELIANCE UPON ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION PROVIDED BY OR ACCESSED THROUGH ACLS. MGH MAKES ACLS AVAILABLE AS A HEALTH INFORMATION RESOURCE TO BE ACCESSED AT YOUR CONVENIENCE. ACLS IS NOT MEANT TO REPLACE COMPETENT CLINICAL JUDGEMENT OR BE RELIED UPON IN EMERGENCY SITUATIONS, AND ALL HEALTHCARE PROVIDERS SHOULD EXERCISE INDEPENDENT CLINICAL JUDGMENT. YOU AGREE NOT TO RELY UPON ACLS FOR ANY IMMEDIATE OR EMERGENCY HEALTH CONCERNS OR QUESTIONS.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU HEREBY EXPRESSLY WAIVE ANY AND ALL CLAIMS THAT YOU (AND/OR YOUR HEIRS, SUCCESSORS, OR ASSIGNS) MAY HAVE, NOW OR IN THE FUTURE, AGAINST MGH, AHA, THEIR THIRD-PARTY LICENSORS, AND/OR AFFILIATES (THE “RELEASED PARTIES”) BASED UPON YOUR USE OF THE ACLS APPLICATION, INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO HEALTH, ILLNESS, AND/OR ANY ADVERSE CONSEQUENCES, THAT YOU OR ANY THIRD PARTY MAY INCUR OR SUFFER AS A RESULT OF YOUR USE OF THE ACLS APPLICATION (“CLAIMS”), AND YOU (AND/OR YOUR HEIRS, SUCCESSORS, OR ASSIGNS) HEREBY FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL OF SUCH CLAIMS. NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED IN THIS AGREEMENT AND WITHOUT LIMITING THE FOREGOING, MGH HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY BASED UPON OR ARISING OUT OF MEDICAL ADVICE OR TREATMENT (INCLUDING, WITHOUT LIMITATION, THE FAILURE TO PROVIDE ANY MEDICAL ADVICE OR TREATMENT AND/OR MEDICAL OR PHYSICIAN/HEALTH CARE PROVIDER MALPRACTICE OR ANY ALLEGED PROFESSIONAL LIABILITY).
ACLS AND ALL DATA, INFORMATION, MATERIALS, CONTENT, SERVICES, AND REFERENCE SITES CONTAINED OR MADE AVAILABLE THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. MGH DOES NOT WARRANT ANY INFORMATION OR MATERIAL CONTAINED IN OR MADE AVAILABLE THROUGH ACLS REGARDING COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MGH DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
MGH DOES NOT CONTROL THE DEVICES OR COMPUTERS OR THE WIRELESS NETWORK OR THE INTERNET OVER WHICH YOU MAY CHOOSE TO ENTER CONFIDENTIAL OR PERSONAL INFORMATION AND CANNOT, THEREFORE, PREVENT INTERCEPTIONS OR COMPROMISES TO YOUR INFORMATION WHILE IN TRANSIT TO MGH. MGH MAKES NO GUARANTEE AS TO THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED TO, FROM, OR THROUGH ACLS. MGH DOES NOT REPRESENT OR WARRANT THAT ACLS AND ITS CONTENT WILL BE AVAILABLE FREE OF VIRUSES, OTHER HARMFUL COMPONENTS, OR DEFECTS.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MGH OR ANY MGH AFFILIATE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF ACLS, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless MGH, AHA, and their third-party licensors and affiliates against any and all liabilities, losses, claims, damages, suits, costs and expenses (including reasonable attorney’s fees and expenses) arising out of or relating to your access to and use of the ACLS application or any content or material contained therein, which shall include without limitation your use, reproduction, and display of any AHA material, and out of your violation or noncompliance with the MGH Terms of Use, including without limitation any actions related to professional liability or HIPAA incidents. You shall immediately notify MGH of any such claim. You further acknowledge that, in no event, shall either Google or Apple be responsible for the investigation, defense, settlement, and discharge of any third-party claim that ACLS infringes that third party’s intellectual property rights.
EXPORT CONTROL
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
THIRD-PARTY BENEFICIARY
You hereby acknowledge and agree that Google and Apple, and their subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Google and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
MISCELLANEOUS
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its rules on conflicts or choice of law. You hereby consent to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts for the resolution of any dispute based upon or relating to this Agreement. This Agreement constitutes the sole agreement between you and MGH relating to your use and our provision of ACLS and the subject matter hereof, and no representations, statements, or inducements, oral or written, not contained in this Agreement shall bind either you or MGH. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by MGH of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer, or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in a writing signed by the parties.
A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Contact Information:
Individual questions and complaints should be directed to the following: AHA ACLS Program Administrator, 50 Staniford St (7th floor), Boston, MA 02114, or email to htlappsupport@partners.org
