ACP Decisions (a DBA of Nous Foundation, Inc.)
P.O. Box 47, Waban, MA 02468
Clinicians and administrators to whom access to the Website is being granted on a trial basis may use the Website only for the limited purpose of determining whether to purchase a license to the ACP Video Library for use with patients. Such trial basis users may view the Video Library on the Website with other clinicians and administrators who will be involved in the decision-making process, but may not view the Video Content or use the Website with patients or in a clinical setting without purchasing a license to do so. All of these Terms and Conditions apply to such trial basis users.
Not Medical Advice
All of the content contained in and provided through this Site such as, but not limited to, all text, graphics, logos, photographs, audio and video media, design and structure is for informational purposes and general in nature. You acknowledge and agree that Nous Foundation does not guarantee the accuracy of the content of this Website. Neither this Website nor the content of the Video Library is not intended to be used as a substitute for medical advice and should never be used as a substitute for direct medical discussion and advice between healthcare provider and patient. Nous Foundation does not provide medical recommendations, diagnoses or advice about the course of treatment and does not endorse or recommend any particular procedures, services, tests, or products referred to or information that may be contained in this Website for any patient’s particular circumstances. It is important that patients seek the advice of their healthcare providers for any questions they might have regarding a medical condition, diagnosis, prognosis, or treatment irrespective of any information obtained from this Website. Patients should never disregard or ignore medical advice or delay in seeking it because of anything seen in this Website or the Video Library.
IF THERE IS A MEDICAL EMERGENCY PLEASE CALL A DOCTOR OR 911 RIGHT AWAY.
When you register to use the Website, you will be asked for information such as your name, email address, title, and the type of organization that you are associated with. The information that you provide to Nous Foundation helps us develop, deliver and improve our products and services. From time to time we may use your contact information to send notices, to improve our services and content, or for data analysis.
We take precautions to safeguard your information against loss, theft, and misuse and against unauthorized access, disclosure, alteration and destruction. We do not rent, sell or share the information that you provide with other individuals or non-affiliated organizations.
If warranted we will respond to subpoenas, court orders, or the legal process to exercise or establish our legal rights or to defend against legal claims. We will share the information you provided when we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of an individual, or as otherwise required by law.
This policy does not apply to entities that Nous Foundation does not control or own or to individuals that Nous Foundation does not employ or manage.
Confidentiality and Security
Nous Foundation limits access to the information that you provide to individuals that we employ and control who we believe reasonably need to have access to that information in order to provide products or services to you or in order to fulfill their job responsibilities. We have physical, electronic and procedural safeguards in order to protect information about you.
Use of Website & Content
If you wish to use any of the Proprietary Materials from the Website for research purposes, including but not limited to, grant applications, grants, research projects, or quality improvement projects with the intent of publication, you must first contact Nous Foundation to discuss the intended use and seek approval. The Proprietary Materials cannot be used within a defined clinical program or for research purposes, including but not limited to, quality improvement projects, grants, studies, or any form of publication without express permission.
Unless otherwise agreed by Nous Foundation, you must not: use the Website or Video Library for any commercial or illegal purpose, republish material from the Website (including republication on another Website); sell, rent use, lease, distribute, publish, broadcast, license, or sublicense or otherwise assign any right to material from this Website or the Video Library, or modify, translate, publicly display, adapt, edit, reproduce, duplicate, copy, create derivative works from or otherwise exploit material on this Website or the Video Library for commercial purposes; remove any proprietary notices or labels on the Website or Video Library; attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Website or Video Library; edit or modify any material on the Website or Video Library, or redistribute material from the Website or Video Library except for content specifically made available for redistribution; allow access to the Website or Video Library by any person not specifically authorized to have access; provide, disclose, divulge or make available to, or permit use of the Website or Video Library by any third party without Nous Foundation’s prior written consent; violate any applicable laws, including all US export laws and regulations, in connection with the Website or the Video Library.
You agree that in the event of unauthorized use of the Website or Video Library, Nous Foundation may seek to avail itself of its legal rights including via an injunction.
You cannot use this Website in any way that causes or may cause damage to the Website or impairment of the accessibility or availability of the Website. You must not use this Website in any manner that is unlawful, illegal, fraudulent or harmful. You cannot use this Website to store, host, transmit, copy, send, distribute, or publish any material linked to spyware, computer viruses or any malicious computer software. You may not circumvent or disable any security measure or access or use the source code that is used to operate this Website by any means. Nous Foundation electronically monitors compliance with this Agreement, and reserves the right in its sole discretion to change and or cancel an individual’s user name and password or to disable an IP address without notice in the event of use that in any way causes or may cause damage to the Website, including but not limited to, multiple concurrent logins or excessive traffic volumes.
Nous Foundation reserves the right to restrict access to areas of this Website. If you are provided with a user name and password you must ensure that the password is kept confidential. You must immediately notify Nous Foundation at firstname.lastname@example.org if you become aware of any unauthorized use of your user name or password. You must not use another person’s user ID and password to access the Website unless you have such person’s express permission to do so. Nous Foundation reserves the right to disable your user name and password at any time in its sole discretion with or without notice. Nous Foundation also reserves the right to add or create new limits to its services at any time.
Warranty & Disclaimer of Liability
Nous Foundation does not warrant uninterrupted availability of this website. You acknowledge that telecommunications and computer systems are not fault-free and that scheduled maintenance times and periods of downtime may occur. Nous Foundation does not guarantee that this Website will be timely, or error-free or that data loss may not occur. Nous Foundation makes no representation, and assumes no liability for the proper use of the Video Library by authorized providers or others. To the extent permitted by law, Nous Foundation DISCLAIMS ALL WARRANTIES FOR THIS WEBSITE AND ITS CONTENT AND THE VIDEO LIBRARY, EITHER EXPRESS OR IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, for MERCHANTABILITY AND FITNESS, NON-INFRINGEMENT, TITLE AND FITNESS, AND WORKMANLIKE EFFORT. You acknowledge that this Website and its content and the Video Library are provided for convenience and acknowledge and agree that Nous Foundation does not guarantee accuracy.
In no event will Nous Foundation be liable to you in connection with your use of this Website or the Video Library, including for decisions made in connection with material viewed on this site or for loss of user data, or for any indirect, special, incidental, or consequential damages, even if Nous Foundation had been advised of the possibility of such loss or damage. You understand and agree that you are solely responsible for all computers, software and communication equipment within your control and that Nous Foundation shall have no responsibility for such items or for computers, software or communication equipment not within the direct control of Nous Foundation or the direct control of Nous Foundation’s independent hosting servers.
This Website and its content and the Video Library are provided on an “AS IS” basis. Nous Foundation does not warrant (and you should not assume) that they are up to date or complete on any topic. Nous Foundation and its affiliates make no representations or warranties about the reliability, completeness, timeliness, or accuracy of the Website, its content or the Video Library.
YOUR SOLE REMEDY AGAINST NOUS FOUNDATION FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Changes to Policy
Choice of Law & Severability
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send Nous Foundation a notice requesting that the material be removed, or access to it blocked. Notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, Nous Foundation has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows: Agent: Executive Director, Address: P.O. Box 47, Waban MA, 02468. E-mail: email@example.com. Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. Nous Foundation suggests that you consult your legal advisor before filing a notice or counter-notice.
Questions & Suggestions
If you have any questions please contact ACP Decisions (a d/b/a of Nous Foundation) directly at firstname.lastname@example.org or PO Box 47, Waban, MA 02468.