(last updated February 26, 2008)
THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES; PLEASE READ IT CAREFULLY.
These website terms of use (the "Terms") apply to your use of (a) the websites of the Controlled Risk Insurance Company/Risk Management Foundation of the Harvard Medical Institutions, a Massachusetts corporation ("CRICO/RMF", "we," or "us"), including, without limitation, the CRICO/RMF website (www.rmf.harvard.edu); the RMF Strategies website (www.rmfstrategies.com); the CRICO/RMF CME Online website (www.rmfcme.com); the CRICO/RMF Interactive website (www.rmfinteractive.com) (collectively, the "Website"); and (c) any and all scientific, medical, technical, contractual, product, program, pricing, and marketing information, as well as other information available on the Website, including, without limitation, data, text, software, music, sound, photographs, graphics, video, messages, and other materials ("Content").
You must read these Terms carefully. CRICO/RMF provides the Website to you, your employees, agents, and contractors, and any other entity on whose behalf you accept the Terms (collectively the "Users"), subject to the Terms. The Terms are entered into by and between the Users and CRICO/RMF, and Users accept them by using the Website in any manner and/or by otherwise acknowledging Your agreement with the Terms. If Users do not agree to all of the Terms, do not use the Website.
CRICO/RMF makes no representation that the Website is appropriate or available for use in all locations. The Website and CRICO/RMF products and services may not be available in your location. If Users are using the Website on behalf of their employer, you represent and warrant that you are authorized to accept these Terms on your employer's behalf, and that your employer agrees to indemnify you and CRICO/RMF for violations of the Terms.
Certain terms applicable to Your use of specific Services are located in Section 16, including terms applicable to the following services:
CRICO/RMF may provide notice to Users via email, regular mail, or posting notices or links to notices on the Website. CRICO/RMF reserves the right at any time in its sole discretion to modify, suspend or terminate the services provided through the Website (or any part thereof), and/or Users access to them, with or without notice. CRICO/RMF may also delete, or bar access to or use of, all related Content and files. CRICO/RMF will not be liable to You or any third-party for any modification, suspension, or termination of the services provided through the Website, or loss of related information. CRICO/RMF may amend these Terms at any time by posting the amended terms on the Website. If Users are dissatisfied with the services provided through the Website, your sole and exclusive remedy is to discontinue use of the Website.
The Content provided is solely for general educational purposes only and does not constitute recommendation of any particular underwriter, insurance company, or other service provider. The Content is not designed to, and does not, provide insurance, legal, tax, financial, medical, or accounting advice. If Users are seeking advice for specific health care or insurance situations, they should consult their institutional risk manager, their personal attorney or other professional. Clinicians insured by CRICO who have additional questions are encouraged to contact their institutional risk manager or CRICO/RMF.
In consideration of Users use of the Website, they agree to: (a) provide accurate, current, and complete information as may be prompted by a registration form on the Website (the "Registration Data"); (b) maintain the security of the Users’ password and identification; (c) maintain and promptly update the Registration Data, and any other information Users provide to CRICO/RMF, and keep all such information accurate, current and complete; and (d) accept all risks of unauthorized access to all such information. Users have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website. Users further consent and authorize us to verify their Registration Data.
Users agree they will not use the Website to: (a) transmit spam, bulk, or unsolicited communications; (b) pretend to be CRICO/RMF or someone else, or spoof CRICO/RMF's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Website; (d) misrepresent the Users affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
Users agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, or harassing, or causes duress, distress or discomfort to another, or is otherwise objectionable to CRICO/RMF or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; (d) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) is a form of advertising not approved in advance in writing by CRICO/RMF; or (f) is injurious to the interests of CRICO/RMF or other users of the Website. Except where expressly stated to the contrary, CRICO/RMF reserves the right to edit or remove any Content from any of the Sites at any time, at its sole discretion.
Users expressly agree that CRICO/RMF has no responsibility or control over the Content that Users upload, post or otherwise transmit via the Website. CRICO/RMF makes no representation that Users of the Website will comply with applicable laws or that they were designed to comply with applicable laws. Additionally, we do not represent, warrant or guarantee the truthfulness, accuracy, quality or reliability of any of the Content posted, displayed, linked to or otherwise transmitted via the Website. We also do not endorse any opinions expressed in or through any such Content. Users agree they must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of the Content.
The Website, including without limitation all Content and all intellectual property rights in and to the same, are owned by or licensed to CRICO/RMF or our third-party partners. Except as expressly authorized by CRICO/RMF or by third party Content providers, Users agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content, in whole or in part, by any means. Users must not modify, decompile, or reverse engineer any software CRICO/RMF discloses, and Users must not remove or modify any copyright or trademark notice, or other notice of ownership.
CRICO/RMF does not claim ownership of the Content that Users place on the Website and shall have no obligation of any kind with respect to such Content. Any Content that Users provide in connection with this Website shall be deemed to be provided on a non-confidential basis. CRICO/RMF shall be free to use reproduce, modify, publish and/or disseminate such Content on an unrestricted basis for any purpose, and Users grant CRICO/RMF, and all other users of the Website an irrevocable, perpetual, worldwide, royalty-free, transferable, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell, and publish such Content (including in digital form). Users represent and warrant they have proper authorization for the worldwide transfer and processing among CRICO/RMF, and third-party providers of any information or content that Users may provide to CRICO/RMF through the Website.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Users may not do or allow anyone else to do anything with the Content which is not specifically permitted under the Terms. Permission is granted to display, copy, distribute, and download Content owned by CRICO/RMF on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for informational and educational use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if Users breach any of the terms or conditions in this Agreement. Upon termination, Users must immediately destroy any downloaded and/or printed Content.
"CRICO/RMF Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans, and other designations CRICO/RMF uses in connection with its products and services. Users may not remove or alter any CRICO/RMF Trademarks, or co-brand Users own products or material with CRICO/RMF Trademarks, without CRICO/RMF's prior written consent granted or denied at CRICO/RMF's sole discretion. Users acknowledge CRICO/RMF's rights in CRICO/RMF Trademarks and agree that any use of CRICO/RMF Trademarks by Users shall inure to CRICO/RMF's sole benefit. Users agree not to incorporate any CRICO/RMF Trademarks into Users trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with products, services, or information.
CRICO/RMF is committed to respecting others' intellectual property rights, and we ask our users to do the same. If Users believe their work has been copied in a way that constitutes copyright infringement on the CRICO/RMF website, please contact the appropriate copyright agent with the following information.
Users may obtain direct access via the Website to certain confidential information of CRICO/RMF and certain third-parties that should reasonably be understood as confidential ("Confidential Information"). Users must hold Confidential Information in strict confidence. Title to Confidential Information remains with CRICO/RMF and any third-party providers of Confidential Information. Upon termination of the Terms or CRICO/RMF's written request, Users must cease use of Confidential Information and return or destroy it.
The Terms impose no obligation upon the User with respect to Confidential Information they can establish by legally sufficient evidence: (a) the User possessed prior to receipt from CRICO/RMF, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by the User, or otherwise without violation of the Terms; (c) The User obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; or (d) the User independently developed without the use of Confidential Information and without the participation of individuals who have had access to it. In addition, if, in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms Users are required to disclose Confidential Information, then they may do so, but only to the minimum extent required and only after prior notice to CRICO/RMF adequate to afford CRICO/RMF the opportunity to object to the disclosure.
Users agree to defend, indemnify and hold CRICO/RMF and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of or in any manner related to any claim, demand, or action based upon the Users Content, their use of or connection to the Website (including any use by the User on behalf of their employer and any use by third parties under their accounts), the Users violation of the Terms, or the Users violation of any rights of another. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at out own expense and on notice to the User, to assume exclusive defense and control of any such claim or action and then the Users’ corresponding indemnification obligation will end.
CRICO/RMF may run advertisements and promotions from third parties on the Website. Users correspondence or business dealings with, or participation in promotions of, advertisers other than CRICO/RMF found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. CRICO/RMF is not responsible or liable for any loss or damage of any sort arising from or relating to any such dealings or as the result of the presence of such non-CRICO/RMF advertisers on the Website.
Users may find links to other Internet sites or resources on the Website. Users acknowledge and agree that: (a) CRICO/RMF is not responsible for the availability of such external sites or resources; (b) all links and resources are provided solely for the Users convenience and for other informational purposes; and (c) CRICO/RMF does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. Without limiting the foregoing, CRICO/RMF will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
The Website is published solely for direct access by human users. 'Spiders', 'crawlers', 'bots' and all other automated software or hardware devices designed to access and 'read' or otherwise analyze the Website independently are prohibited and Users agree not to access or use the Website by such means.
USE OF THE WEBSITE IS AT THE USERS SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING ALL SERVICES AND CONTENT (AS DEFINED IN SECTION 1) IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. CRICO/RMF DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CRICO/RMF MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE WEBSITE.
CRICO/RMF MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET USERS EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
USERS ASSUME ALL RISK FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
TO THE FULL EXTENT PERMITTED BY LAW, CRICO/RMF IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF CRICO/RMF HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
IN THE EVENT USERS HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF THEIR USE OF THE MATERIAL OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, USERS HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST CRICO/RMF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
Users consent to the collection, processing and storage by CRICO/RMF of their personal information in accordance with the terms of CRICO/RMF's Privacy Policy, which is available here. Users agree to comply with all applicable laws and regulations, and the terms of CRICO/RMF's Privacy Policy, with respect to any access, use and/or submission by the User of any personal information in connection with this Website.
The User and CRICO/RMF hereby agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act (UCITA). Services, Content, and product derived or obtained from this Website may be subject to the U.S. export laws and the export or import laws of other countries. Users agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by U.S. or Your local laws; (b) not use services, Content, or direct product from this Website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide services, Content, or direct product from this Website to prohibited countries and entities identified in the U.S. export regulations.
The Terms constitute the entire agreement between the User and CRICO/RMF relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized CRICO/RMF representative. Users may not assign, sublicense, delegate or otherwise transfer the Terms or any right granted hereunder.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms, including without limitation those of Sections 3, 5, 7, 8, 11, 12, and 13.
Users agree that any material breach of Sections 5, 6, 7 and 11 of the Terms will result in irreparable harm to CRICO/RMF for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, CRICO/RMF will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. Users waive any requirement for the posting of a bond or other security if CRICO/RMF seeks such an injunction.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
Users may send questions regarding the Website's services to the appropriate contact, listed below:
The Terms shall for all purposes be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflicts of law provisions thereof. Users agree that exclusive jurisdiction and venue of any dispute with CRICO/RMF or its licensors, or any of their respective affiliates, officers, directors, employees, contractors, agents, representatives, or suppliers, arising out of or in any way relating to the Terms or their use of or inability to use the Website, services, or Content shall reside in the federal and state courts sitting in the Commonwealth of Massachusetts. Users expressly consent to the exercise of personal jurisdiction by such courts and agree they will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.
Additional terms of use may apply to the Users use of particular services provided through the Website. Additional terms may be set forth in this Section 16, posted on areas of the Website where particular services are provided to Users, or posted on pop-up windows which may appear in connection with their use of specific services. Without limiting the provisions of Section 1, above, within the Website, the phrase "I agree" or simply "Agree" is intended to be an additional way in which Users confirm their binding assent to additional terms, and by clicking on an "I agree" or "Agree" button, Users enter into a binding contract. In the case of a conflict between the Terms (including without limitation the terms contained in Sections 8, 12, 13, and 15) and any additional terms Users may encounter on the Website, the Terms shall govern, except to the extent as may be explicitly set forth in those additional terms.
The following additional terms apply to Users use of the CRICO/RMF Legal Community Portal. The Legal Portal provides Users, among other things, with access to (a) a directory of legal documents (including court opinions and decisions, party motions and memoranda, transcripts of court sessions, appellate briefs, jury instructions, and verdicts and settlements) and (b) a Discussion Forum for users to post and reply to messages related to claims topics. The Legal Portal is solely intended for use by CRICO/RMF, its clients, its attorneys and other claims-related professionals who have authenticated their identities and lawfully received passwords to the Legal Portal from CRICO/RMF ("Registered Portal Users").
Users acknowledge and agree that: (a) the Legal Portal merely provides them with an online venue to post and review claims-related documents or other Content submitted by the User or other Registered Portal Users; (b) the ideas and opinions expressed by any Registered Portal Users as made available to You via the Legal Portal (directly or indirectly) concerning their respective information, products, services or otherwise do not necessarily reflect those of CRICO/RMF; (c) CRICO/RMF is not involved in and does not have any obligation to endorse, participate in or otherwise facilitate any communications, dealings or transactions between the User and any other Registered Portal User; (d) any advertisements, claims, specifications or any other information relating, accompanying or otherwise appurtenant to any product or service mentioned via the Legal Portal (directly or indirectly) shall not be construed as an endorsement thereof by CRICO/RMF; and (e) as a consequence, CRICO/RMF has no control over the accuracy, adequacy, quality, safety or legality of the information, products or services posted by the other Registered Portal Users. The Content of the Legal Portal is not designed to, and does not, provide legal advice.
Users understand and agree that CRICO/RMF does not control, monitor, manage or regulate the Users’ communications, transactions, activities or dealings with any Registered Portal User, the manner in which they use the Legal Portal, or the information they receive via the Legal Portal relating to any Registered Portal User's information, products or services, beyond the rights and obligations specifically set forth in the Terms. We may remove postings to the Discussion Forum that violate the Terms. We also may terminate the Users’ registration and participation in the Discussion Forum or any part of the Legal Portal, without notice. Please send any requests to remove postings or reports of any violations of the Terms to the applicable contact listed in Section 15.
