TERMS OF USE

These Terms of Use govern your access and use of the online services provided by NJHA and its subsidiaries, affiliates, brands and entities that it controls, including but not limited to the Health Research and Educational Trust of New Jersey and NJHA Healthcare Business Solutions Inc. (collectively “we,” “us,” or “our”). Please read these Terms carefully before accessing or using our online services.

Each time you access and use our software applications, websites and services (collectively referred to hereafter as “the Services”), you signify that you have read, understand and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use the Services. Your use of the Services must comply with our policies. These Terms have the same force and effect as an agreement in writing.

Access and Responsibilities

You are responsible for obtaining and maintaining, at your own cost, all equipment and Internet connection services needed for access and use of our Services. When you register with us, and each time you access our Services, you may be providing certain information about yourself and/or your organization. Through use of the Services, you represent and warrant that you have control, authority and/or appropriate licensure to share the information you submit and that we may use any information that we obtain from you in accordance with the provisions of our Privacy Policy and that you have no ownership or proprietary interest in your account other than as set out in these Terms.

You are responsible for the use of the Services and for any content that you may provide, including compliance with applicable laws, rules and regulations. Any use or reliance upon any content or materials posted on our Services is at your own risk; as we do not necessarily endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of content or communications posted on our Services or the opinions expressed via the Services unless so explicitly stated.

Our Services evolve constantly. NJHA may stop (permanently or temporarily) providing the Services or any features within the Services to you, or to users generally. NJHA retains the right to create limits on use and storage at our sole discretion, at any time.  We may also remove or refuse to distribute certain content on the Services. Additionally, we reserve the right to remove content and suspend accounts that violate the Terms of Use.

Copyrights, Trademark Rights, and Restrictions on Use

The format and contents of the Services, including without limitation, video, text, files, photographs, and other graphics, are protected under United States and international copyright laws and subject to other intellectual property and proprietary rights and laws and is owned by us or our licensors. Users may download certain material from our Services provided that any reproduction of the material is for legal, noncommercial purposes, and does not materially alter the content. Users may not download any membership list for any commercial purposes without express written permission from NJHA.

If you believe that a document or material on the Services infringes your copyright, please provide written notice to the contact listed at the bottom of these Terms for notice of claims of copyright infringement.

If you believe that your trademark is being used on the Services in a way that constitutes trademark infringement, you or your agent may notify us in writing at the address listed at the bottom of these Terms.

With respect to copyright and trademark claims, we may require that your response provides the accurate identity of the owner, contact information and the specific nature of the complaint.

Third Party Content and Links

At times we may provide links to other websites or Internet resources for your convenience only. As such, these links do not signify or imply our endorsement of other websites, resource or its contents – over which we have no control and which we do not monitor. You use those links at your own risk and should apply a reasonable level of caution and discretion in doing so. You agree that we shall have no responsibility or liability for any information, software, or materials found at any other website or Internet resource.

Password, Security and Confidentiality

You are responsible for maintaining the confidentiality of your password to access the Services, and you are solely responsible for all activities that occur under your password. We strongly advise you use a strong password and change it at reasonable intervals – never using passwords that are duplicative of what you may have used on other online services, such as financial institutions. We reserve the right to require you to alter your password if we believe that your account and/or password is no longer secure. By use of the Services, you agree that NJHA and its affiliates will not be liable for any loss or damage arising from your failure to adequately safeguard your password or someone else’s use of your account.

NJHA reserves to right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce our Terms of Use, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of NJHA and its members. NJHA does not disclose personally identifying information to third parties except as delineated in these Terms.

Privacy

These Services are owned and operated by the New Jersey Hospital Association. We recognize that users of online Services may be concerned about the information we collect and how that data is treated. This privacy statement addresses those concerns. This statement may be changed or updated from time to time. Please note that NJHA's Terms of Use is reviewed periodically. NJHA reserves the right to modify this statement at any time without prior notice.

Data

When you use our Services, we may receive certain information when you view content on or otherwise interact with the Services. This information is referred to as “log data.” For example, when you log into the Services, we may receive information such as your IP address, device ID, operating system, tokens, search terms, cookie information, and usage. We use this anonymized log data to protect the security of accounts and to determine what content is popular, robust, and useful on our Services.

Any changes to the statement shall be made available through this application’s Term’s page. Your continued use of these Services will be deemed conclusive acceptance of such modification. If you have any questions about our privacy statement, you may contact us at:

Legal Affairs

New Jersey Hospital Association
760 Alexander Road
PO Box 1
Princeton, NJ 08543
609-275-4230

Or use our online "contact us" form

Limitations on Liability

We give you a personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use the Services in the manner permitted by these Terms. You acknowledge that you have no right to have access to all or any part of the Services in source code form.

NJHA shall not be liable for any damages of any kind, under any theory of liability, resulting from a user’s access to the Services, or use of any information contained therein, or use of any information contained in linked websites. Inclusion of a link on our Services does not represent endorsement of that link or its contents by NJHA or any of its affiliated organizations.

We reserve the right to modify, suspend or discontinue all or any aspect of the Services with or without notice to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes. You also acknowledge that unplanned system outages may occur. Our Services are provided over the Internet, and so the quality and availability of the Services may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the Services or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned. You agree that we shall not be liable to you or any third party should NJHA exercise its right to modify, suspend or discontinue the Services.

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. NJHA’s failure to enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision.

Disclaimer of Warranties

The Services provided in the software are available “as-is.” NJHA disclaims any and all warranties, express or implied, relating to our Services and any information contained therein, including warranties, as to the accuracy or completeness of the information. We give you a personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use the Services in the manner permitted by these Terms. You acknowledge that you have no right to have access to all or any part of the Services in source code form.

You acknowledge that access to data (including, but not limited to, documents, photographs, and software files) stored by you or others on the Services is not guaranteed, and that we shall not be responsible to you for any loss of data caused by the Services or their unavailability. We make no warranty as to the results that may be obtained from the use of the Services, or as to the accuracy or reliability of any information obtained through the Services, or that defects in the Services will be corrected. You understand and agree that any material and/or information downloaded or otherwise obtained via the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.

Termination of These Terms

These Terms are an agreement between you and NJHA. You may terminate legal adherence to these Terms by discontinuing your use of our Services. Instructions and assistance regarding how to terminate your account may be obtained by using the contact information referenced in our Services.

Indemnification

You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants, subcontractors and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorney fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Contact Information :
Legal Affairs

New Jersey Hospital Association
760 Alexander Road
P.O. Box 1
Princeton, New Jersey 08543-0001
P: 609.275.4000

 

Effective: July 15, 2019