MGH PALS is an application developed by Massachusetts General Hospital (“MGH”) that serves as a digital repository for pediatric advanced life support protocols developed by the American Heart Association (“AHA”) with minor added enhancements by MGH clinicians.
PALS 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. PALS IS NOT A SUBSTITUTE FOR A MEDICAL PROFESSIONAL’S INDEPENDENT PROFESSIONAL MEDICAL JUDGMENT, ADVICE, DIAGNOSIS, OR TREATMENT. PALS is not to be used by non-medical professionals.
PALS is available only by download though the Apple iOS App Store.
Apple Inc. is not a party to this Agreement. You acknowledge that this Agreement is between MGH and you, and that Apple Inc. (and/or any of its subsidiaries) (any of the foregoing, individually or collectively, “Apple”) is not a party to this Agreement.
Information that you may provide in connection with the use of this application is not considered “Protected Health Information” as defined under the Health Insurance Portability & Accountability Act and related regulations (collectively referred to as “HIPAA”) and is not subject to the Partners HealthCare Notice of Privacy Practices.
NON-DISCLOSURE AND CONFIDENTIALITY
In using PALS, 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 PALS, any content or material contained within PALS including but not limited to any AHA content or material, or any Confidential Information for 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.
MGH may terminate this Agreement and/or terminate or suspend your license and access to the PALS at any time and for any reason. MGH has the right to refuse to provide access to PALS to any person, agency or organization, or to prohibit any person, agency or organization from using PALS, at any time and for any reason. MGH reserves the right to change, suspend, or discontinue all or part of PALS, temporarily or permanently, without prior notice. We reserve the right to deactivate any account at any time, for any reason.
COPYRIGHT AND PROPRIETARY RIGHTS
You acknowledge and agree that PALS and the Confidential Information is the property of MGH or their respective licensors (including AHA) and are protected by United States and international 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 or trade secret information. Accordingly, unauthorized use of PALS 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 PALS or the Confidential Information 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 law.
MGH shall have the right to use and incorporate into PALS any feedback and input provided by you, for any purpose, including the improvement of PALS and other research, educational and patient care purposes.
PALS 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 pediatric advanced life support contained within PALS such as text, graphics, logos and images is copyrighted by and proprietary to AHA and may not be reproduced in whole or in part.
THE CONTENT CONTAINED WITHIN PALS IS BASED ON PERTINENT PUBLISHED MEDICAL LITERATURE, NATIONAL AND STATE GUIDELINES, AND/OR EXPERT CONSENSUS, WHICH CONTINUES TO EVOLVE. USE OF THE PALS APPLICATION DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP. IT IS NEITHER AN ATTEMPT TO SUBSTITUTE FOR THE PRACTICE OF MEDICINE NOR AS A SUBSTITUTE FOR THE PROVISION OF ANY MEDICAL PROFESSIONAL SERVICES.
FURTHERMORE, THE CONTENT IS NOT MEANT TO BE COMPLETE, EXHAUSTIVE, OR A SUBSTITUTE FOR MEDICAL PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. THE INFORMATION HEREIN SHOULD BE ADAPTED TO EACH SPECIFIC PATIENT BASED ON THE TREATING MEDICAL PROFESSIONAL’S INDEPENDENT PROFESSIONAL JUDGMENT AND CONSIDERATION OF THE PATIENT’S NEEDS, THE RESOURCES AVAILABLE AT THE LOCATION FROM WHERE THE MEDICAL PROFESSIONAL SERVICES ARE BEING PROVIDED (E.G., HEALTHCARE INSTITUTION, AMBULATORY CLINIC, PHYSICIAN’S OFFICE, ETC.), AND ANY OTHER UNIQUE CIRCUMSTANCES. THIS INFORMATION SHOULD NOT BE USED TO REPLACE, SUBSTITUTE FOR, OR OVERRULE A QUALIFIED MEDICAL PROFESSIONAL’S JUDGMENT.
YOU ASSUME FULL RESPONSIBILITY FOR USING THIS INFORMATION AND AGREE 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 PALS. MGH MAKES PALS AVAILABLE AS A HEALTH INFORMATION RESOURCE TO BE ACCESSED AT YOUR CONVENIENCE. PALS IS NOT MEANT TO REPLACE CLINICAL JUDGEMENT IN EMERGENCY SITUATIONS, AND ALL HEALTHCARE PROVIDERS SHOULD EXERCISE THEIR OWN INDEPENDENT CLINICAL JUDGMENT. YOU SHOULD NOT RELY UPON PALS FOR ANY IMMEDIATE 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 PALS 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 PALS 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).
ACCESS TO PALS AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. 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 PALS.
In the event of any failure of PALS to conform to any applicable warranty, you may notify Apple, and, if applicable, Apple will refund the purchase price for PALS to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to PALS, 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.
You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to PALS or your possession and/or use of PALS, including, but not limited to: (i) product liability claims; (ii) any claim that PALS fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with any use by PALS with Apple’s HealthKit and HomeKit frameworks.
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 PALS, 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.
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) arising out of your access to and use of the PALS application or any content or material contained therein, which shall include without limitation your use, reproduction, and display of any AHA material. You shall immediately notify MGH of any such claim. You further acknowledge that, in no event, shall Apple be responsible for the investigation, defense, settlement, and discharge of any third-party claim that PALS infringes that third party’s intellectual property rights.
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.
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 PALS 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.
Individual questions and complaints should be directed to the following: MGH PALS Program Administrator, 50 Staniford St (7th floor), Boston, MA 02114, or email to email@example.com