LAST UPDATED: 5/18/2015
LAST UPDATED: [5/21/2015]
The Mount Sinai Hospital and Icahn School of Medicine at Mount Sinai (together, “Mount
Sinai,” “us” or “we”) is concerned about privacy issues
describes our practices in connection with information that we collect through the
general HepCure website, currently located at http://www.hepcure.org (and not the provider HepCure website, currently located at https://providers.hepcure.org)
(together with any materials
and services available therein, and successor site(s) thereto, the
“Site”), and through the HepCure application (together
with any materials and services available in connection therewith, and
successor application(s) thereto, the “App”). The Site and the App are referred to
collectively herein as the “Platform.”
By downloading, accessing or using the Platform,
or providing information to us in connection with the Platform, you acknowledge
that we may use and disclose such information in accordance with this Privacy
Policy. If you object or do not consent
to our use and disclosure of such information in accordance with this Privacy
Policy, please do not provide such information on or through the Platform
(which may mean that you will be unable to use the Platform).
address, and we are not responsible for, the privacy,
information or other practices of any third party, including any third‑party
service providers, business partners, and any other third party operating any
software application or website to which the PLATFORM contains a link. The inclusion of a link on the PLATFORM does not imply endorsement by us of the linked software
application or website.
We May Collect
“Personal Information” is information
that identifies someone as an individual. In addition to
Personal Information, Other Information (as defined below) may be collected in
connection with the Platform; the collection, use and disclosure of Other
Information is addressed separately below, under the heading “OTHER INFORMATION”.
We and our third-party service providers may collect
the following Personal Information:
- Date of birth.
- Physical and mailing addresses.
- Telephone number.
- E-mail address.
- Other personally identifiable information (including personally
identifiable information contained within files or video and certain of
your health information, if provided by you) about you and third parties that
you may choose to transmit or otherwise make available through the Platform
to Mount Sinai and/or its third-party service providers and business
partners, including by completing profile forms, completing applications,
questionnaires or similar documents, communicating with customer service
personnel, and otherwise interacting with Mount Sinai and its third-party
service providers and business partners.
Information is voluntary and not required to access or use the Platform; other
Personal Information may be mandatory and required to access or use the Platform
or certain portions of the Platform.
IF YOU SUBMIT ANY
PERSONAL INFORMATION OF OR RELATING TO A THIRD PARTY TO US OR OUR THIRD-PARTY
SERVICE PROVIDERS OR BUSINESS PARTNERS IN CONNECTION WITH THE PLATFORM, YOU
REPRESENT THAT YOU HAVE THE AUTHORITY TO DO SO AND TO PERMIT US TO USE AND
How We May Use
We and our third-party service providers may use
- To respond to your inquiries and fulfill your requests,
such as to send notifications to you, complete your transactions and otherwise operate the Platform.
- To send administrative information to you,
including information regarding the Platform and changes to our terms, conditions and policies.
- To allow you to send and receive messages
(including files, video and text messages) to and from other individuals, through
or in connection with the Platform, and to send and receive such messages
on your behalf.
- To help us improve your
experience, including by learning more about your preferences to help
personalize your experience with us.
- For our business purposes, such as quality
assessment, data analysis, audits, developing new products and services, improving
the Platform, identifying usage trends and determining the effectiveness of our
- To protect the security or integrity of our
businesses and online properties, including the Platform.
- As we believe to be necessary or appropriate: (a)
under applicable law, including laws outside your country of residence;
(b) to comply with legal process; (c) to respond to requests from public
or government authorities, including public or government authorities
outside your country of residence; (d) to enforce our terms and
conditions; (e) to protect our operations or those of any of our
affiliates; (f) to protect our rights, privacy, safety or property, or
that of our affiliates, service providers, members, you or others,
including through credit-fraud protection and risk reduction; (g) at our
discretion under emergency circumstances, to notify emergency services or
your family members, personal representative or other individuals involved
in your care of your location and condition; or (h) to allow us to pursue
available remedies or limit the damages that we may sustain.
Information May Be Disclosed
Your Personal Information may be disclosed:
To our third-party service providers that may
provide services such as hosting of the Site, providing the App for download, data analysis, IT
services and infrastructure, customer service, e-mail delivery, auditing, information
and identity verification and other similar services. Any such disclosures will always be subject
to confidentiality obligations so that your information may not be used or
To identify you to anyone to whom you send information or
messages(including files, video and text messages) through or in connection with the Platform, including messages that we may send on your behalf.
By you, through messages (including files,
video and text messages), profile pages, user directories and other
functionality with which you are able to share or post information and
materials. We are not
responsible for such recording, access, use, alteration, manipulation or
disclosure. We urge you to be very careful when deciding to disclose your
Personal Information, or any other information, in connection with the Platform.
To our affiliates, for all uses permitted
with the “CHOICES AND ACCESS” section below.
To a third party in the event personal
information is transferred or made available to such third party in connection
with any reorganization, merger, sale, joint venture, assignment, transfer or
other disposition of all or any portion of our business, assets or stock
(including in connection with any bankruptcy or similar proceeding).
As we believe to be necessary or
appropriate: (a) under applicable law, including laws outside your country of
residence; (b) to comply with legal process; (c) to respond to requests from
public or government authorities, including public or government authorities
outside your country of residence; (d) to enforce our terms and conditions;
(e) to protect our operations or those of any of our affiliates; (f) to
protect our rights, privacy, safety or property, or that of our affiliates,
service providers, members, you or others, including through credit-fraud
protection and risk reduction; (g) at our discretion under emergency
circumstances, to notify emergency services or your family members, personal
representative or other individuals involved in your care of your location and
condition; or (h) to allow us to pursue available remedies or limit the damages
that we may sustain.
Other Information We May Collect
Information” is any information that does not reveal a person’s specific
identity, such as:
- Server log files.
- Technical information
about your device and Internet connection.
concerning messages (including files, video and text messages) sent or
received through the Platform, such as the length of such messages, the IP
Addresses involved and other technical parameters.
collected through cookies, pixel tags and other technologies.
- Physical location
- Aggregated information.
How We May Collect
We and our third-party service providers may collect
Other Information in a variety of ways, including:
Through server log files: Your “IP
Address” is a number that is automatically assigned to the device that you are
using by your Internet Service Provider (ISP). An IP Address is identified and logged
automatically in our server log files whenever a user uses the Platform, along with the time of the use and the pages or areas visited
within the Platform. Collecting IP Addresses is standard practice
on the Internet and is done automatically by many websites and applications. We and our
third-party service providers use IP Addresses for purposes such as helping to
calculate usage levels of the Platform, diagnose server problems and administer the Platform.
Through your browser
or device: Certain information is collected automatically through
your device, such as your operating system name and version, device
manufacturer, device identity and model, language, and the name and version of
the software application you are using.
information: We may collect the physical location of
your device by, for example, using satellite, cell phone tower, your IP Address or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
Using cookies: Cookies allow a server to transfer data to a
device for recordkeeping and other purposes. We and our third-party service providers use
cookies and other technologies to, among other things, better serve you with
more tailored information and facilitate your ongoing access to and use of the Platform, as well as for online tracking purposes. If you do not want information collected
Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) and other similar technologies may be used in connection with some pages and areas of the Platform and HTML-formatted e-mail messages to, among other things, track the actions of users of the Platform and e-mail recipients, measure the success of our marketing campaigns and compile statistics about usage and response rates of the Platform.
From you: We may collect demographic information such as, for
example, your age, occupation and family status, as well as other information
when you voluntarily provide such information to us. We may also collect such information about you
from third parties. Unless combined with Personal Information, this information
does not personally identify you or any other user of the Platform.
By aggregating information: Aggregated
Personal Information does not personally identify you or any other user of
the Platform. For example, we may aggregate
Personal Information to calculate the percentage of our users who have attended
a particular event.
How We May Use and
Disclose Other Information
Because Other Information does not personally identify
you, we may use and disclose Other Information for any purpose. In some instances, we may combine Other
Information with Personal Information (such as combining your zip code with
your name). If we combine any Other
Information with Personal Information, the combined information will be treated
by us as Personal Information as long as it is so combined.
We seek to
use reasonable organizational, technical and administrative measures to protect
Personal Information under our control. Unfortunately,
no data transmission over the Internet or data storage system is guaranteed to
be 100% secure. Please also be aware
that we may use third-party cloud service providers that provide hosting, data
storage and other services pursuant to standard terms and conditions;
accordingly, we conduct reasonable due diligence on such service providers and
seek to require them to protect Personal Information. We cannot, however, be ultimately responsible
for the data security measures of any third parties
have reason to believe that your interaction with us is no longer secure (for
example, if you feel that the security of any account you might have with us
has been compromised), please immediately notify us of the problem by
contacting us in accordance with the “CONTACTING
US” section below.
How you can access your Personal Information
would like to review or update your Personal Information that has been
previously provided to us, you may do so by logging into your account within
the Platform, or, for certain Personal Information that is not reviewable
through the Platform, you may contact us in accordance with the “CONTACTING US” section below.
try to comply with your request to update your Personal Information as soon as
reasonably practicable. We are not
responsible for changing information from the databases of third parties with
whom we have already shared your Personal Information.
will retain your Personal Information for the period necessary to fulfill the
required or allowed by law.
We may change this
Ponni Perumalswami, 1 Gustave Levy Pl, New
York, New York 10029. Please note
that information you submit through e-mail may not be secure; so please do not
include financial information or other sensitive information in your messages
LAST UPDATED: [5/18/2015]
Terms of Service
these Terms of Service (the “Agreement”) carefully. Your use of the Platform (as defined below)
constitutes your consent to this Agreement.
is between you and The Mount Sinai Hospital and the Icahn School of
Medicine at Mount Sinai (together, “Mount Sinai,” “us” or “we”) concerning your
use of (including any access to) the general HepCure website, currently
located at http://www.hepcure.org (and not the provider HepCure website, currently located at https://providers.hepcure.org) (
together with any materials and
services available therein, and successor site(s) thereto, the
“Site”), and the HepCure application (together with any materials
and services available in connection therewith, and successor application(s)
thereto, the “App”). The Site and the App are referred to
collectively herein as the “Platform.” This Agreement hereby incorporates by this
reference any additional terms and conditions posted by Mount Sinai through the
Platform, or otherwise made available to you by Mount Sinai. Your use of the Platform is governed by this
Agreement regardless of how you access the Platform, including through the
Internet, through Wireless Access Protocol (commonly referred to as “WAP”),
through a mobile network or otherwise.
USING THE PLATFORM, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS
Changes. We may change this Agreement by notifying you of such
changes by any reasonable means, including by posting a revised Agreement through
the Site or on the App. Any such changes
will not apply to any dispute between you and us arising prior to the date on
which we posted the revised Agreement incorporating such changes, or otherwise
notified you of such changes.
use of the Platform following any changes to this Agreement will constitute
your acceptance of such changes. The “LAST UPDATED” legend above indicates
when this Agreement was last changed. We
may, at any time and without liability, modify or discontinue all or part of
the Platform (including access to the Platform via any third-party links);
charge, modify or waive any fees required to use the Platform; or offer
opportunities to some or all Platform users.
Information Submitted Through the Platform. Your
submission of information through the Platform is governed by Mount Sinai’s Platform
information you provide in connection with the Platform is and will remain
accurate and complete, and that you will maintain and update such information
Platform is controlled or operated (or both) from the United States, and is not
intended to subject Mount Sinai to any non-U.S.
jurisdiction or law. The Platform may
not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Platform
is at your own risk, and you must comply with all applicable laws, rules and
regulations in doing so. We may limit
the Platform’s availability at any time, in whole or in part, to any person,
geographic area or jurisdiction that we choose.
Rules of Conduct. In connection with the Platform, you must not:
Post, transmit or otherwise make
available through or in connection with the Platform any
materials that are or may be: (a) threatening, harassing, degrading, hateful or
intimidating, or otherwise fail to respect the rights and dignity of others;
(b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene,
indecent, pornographic or otherwise objectionable; or (d) protected by
copyright, trademark, trade secret, right of publicity or privacy or any other
proprietary right, without the express prior written consent of the applicable
Post, transmit or otherwise make
available through or in connection with the Platform any
virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer
code, file or program that is or is potentially harmful or invasive or intended
to damage or hijack the operation of, or to monitor the use of, any hardware,
software or equipment.
Use the Platform for any purpose that is fraudulent or otherwise tortious or
Harvest or collect information about users
of the Platform.
Interfere with or disrupt the operation
of the Platform
or the servers or networks used to make
available, including by hacking or
defacing any portion of the Platform; or violate any
requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person
from using the Platform.
Reproduce, modify, adapt, translate,
create derivative works of, sell, rent, lease, loan, timeshare, distribute or
otherwise exploit any portion of (or any use of) the Platform except as expressly authorized herein, without Mount Sinai’s
express prior written consent.
Reverse engineer, decompile or disassemble any portion
of the Platform, except where such restriction is expressly
prohibited by applicable law.
Remove any copyright, trademark or
other proprietary rights notice from the Platform.
Frame or mirror any portion of the Platform, or otherwise incorporate any portion of the Platform into any product or service, without Mount Sinai’s express
prior written consent.
Systematically download and store Platform content.
Use any robot, spider, site
search/retrieval application or other manual or automatic device to retrieve,
index, “scrape,” “data mine” or otherwise gather Platform content, or reproduce or circumvent the navigational
structure or presentation of the Platform,
without Mount Sinai’s express prior written consent. Notwithstanding the foregoing, and subject to
compliance with any instructions posted in the robots.txt file located in the
Site’s root directory, Mount Sinai grants to the operators of public search
engines permission to use spiders to copy materials from the Site for the sole
purpose of (and solely to the extent necessary for) creating publicly
available, searchable indices of such materials, but not caches or archives of
such materials. Mount Sinai reserves the
right to revoke such permission either generally or in specific cases, at any
time and without notice.
You are responsible for obtaining,
maintaining and paying for all hardware and all telecommunications and other
services needed to use the Platform.
Products. The Platform may make available listings,
descriptions and images of goods or services (collectively, “Products”), as well as references and
links to Products. Such Products may be
made available by Mount Sinai or by third
parties. The availability through the Platform
of any listing, description or image of a Product does not imply our
endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the
completeness, accuracy or timeliness of such listings, descriptions or images
(including any features, specifications and prices contained therein). Such information and the availability of any
Product (including the validity of any coupon or discount) is subject to change
at any time without notice. Certain
weights, measures and similar descriptions are approximate and are for convenience
only. It is your responsibility to
ascertain and obey all applicable local, state, federal and foreign laws
(including minimum age requirements) regarding the possession, use and sale of
Names and Passwords. You may need to
register to use all or part of the Platform.
We may reject, or require that you change, any user name, password or
other information that you provide to us in registering. Your user name and password and, if
applicable, your confirmation number or identification number or code, or
similar access credential (each, an “Access
Credential”) are for your personal use only and should be kept confidential
and may not be shared with any other person; you, and not Mount Sinai, are responsible for any use or misuse of your Access
Credentials, and you must promptly notify us of any confidentiality breach or
unauthorized use of any of your Access Credentials, or your Platform account.
Forums. Platform visitors may make available certain materials (each, a “Submission”) through or in connection
with the Platform, including on profile pages (each, a “Profile”) or on the Platform’s interactive
such as message boards and other forums, and chatting, commenting and other
messaging functionality. Mount Sinai has no control over and is not responsible for
any use or misuse (including any distribution) by any third party of
Submissions. IF YOU CHOOSE TO MAKE ANY
OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH
THE PLATFORM, YOU DO SO AT YOUR OWN RISK.
purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a
worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable,
transferable and sublicensable license, without additional consideration to you
or any third party, to reproduce, distribute, display, create derivative works
of, adapt, modify and otherwise use such Submission, in any format or media now
known or hereafter developed, in connection with the Platform and for research
purposes. The foregoing license will not
extend to your private messages with other Platform users (other than with
respect to messages to Mount Sinai containing Feedback, as explained
addition, if you
provide to us any ideas, proposals, or suggestions for improvements or
modifications to the Platform (“Feedback”),
such Feedback will be deemed a Submission, and you hereby acknowledge and agree
that such Feedback is not confidential, and that your provision of such Feedback
is gratuitous, unsolicited and without restriction, and does not place Mount Sinai under any fiduciary or other obligation.
represent and warrant that you have all rights necessary to grant the licenses
granted in this section, and that your Submissions, and your provision thereof
through and in connection with the Platform, are
complete and accurate, and are not fraudulent, tortious or otherwise in violation
of any applicable law or any right of any third party. You further irrevocably waive any “moral
rights” or other rights with respect to attribution of authorship or integrity
of materials regarding each Submission that you may have under any applicable
law under any legal theory.
Monitoring. We may (but have no obligation to)
monitor, evaluate, alter or remove Submissions before or after they appear on
the Platform. We may disclose any
Submissions and the circumstances surrounding their transmission to anyone for
any reason or purpose.
Mount Sinai's Proprietary Rights. We and our suppliers
own the Platform, which is protected by proprietary rights and laws. Subject
to your compliance with this Agreement, and solely for so long as you are
permitted by Mount Sinai to use the Site, you
may view one (1) copy of any portion of the Site to
which we provide you access hereunder, on any single device, solely for your
personal, non-commercial use.
App is licensed (not sold) to end users.
Subject to your compliance with this Agreement, and solely for so long
as you are permitted by Mount Sinai to use the App, we hereby permit you, on a
limited, non-exclusive, revocable, non-transferable, non-sublicensable basis,
to install and use the App on a mobile device that you own or control. If you fail to comply with any of the terms
or conditions of this Agreement, you must immediately cease using the App and
remove (that is, uninstall and delete) the App from your mobile device.
The trade names, trademarks and service marks
and any associated logos on the Platform are the property of their respective
owners. You may not use our trade names,
trademarks, service marks or logos in connection with any product or service
that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Platform should be
construed as granting any right to use any trade names, trademarks, service
marks or logos without the express prior written consent of the owner.
Third Party Materials; Links. Certain Platform functionality may make
available access to materials made available by third parties, including
Submissions (“Third Party Materials”), or allow for the routing or
transmission of such Third Party Materials, including via links. By using such functionality, you are
directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we
responsible for, any Third Party Materials, including the accuracy, integrity,
quality, legality, usefulness or safety of Third Party Materials, or any
intellectual property rights therein. Certain
Third Party Materials may, among other things, be inaccurate, misleading or
deceptive. Nothing in this Agreement
shall be deemed to be a representation or warranty by Mount Sinai with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials,
and we may block or disable access to any Third Party Materials (in whole or
part) through the Platform at any time. In
addition, the availability of any Third Party Materials through the Platform does
not imply our endorsement of, or our affiliation with, any provider of such
Third Party Materials, nor does such availability create any legal relationship
between you and any such provider.
USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL
TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF
SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
DISCLAIMER OF WARRANTIES. THE PLATFORM AND ANY PRODUCTS AND THIRD PARTY
MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED OR STATUTORY. MOUNT
SINAI DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PLATFORM AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF MOUNT SINAI AND ITS
AFFILIATES AND ITS AND THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, SPONSORS, AGENTS,
REPRESENTATIVES, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”).
IMPORTANT NOTE REGARDING HEALTH-RELATED INFORMATION: YOUR USE OF THE PLATFORM AND ANY INFORMATION PROVIDED ON OR IN CONNECTION WITH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM MAY PROVIDE INFORMATION REGARDING HEALTH-RELATED ISSUES, INCLUDING INFORMATION RELATED TO GUIDELINES CREATED BY THE AMERICAN ASSOCIATION FOR THE STUDY OF LIVER DISEASES AND THE INFECTIOUS DISEASES SOCIETY OF AMERICA (CURRENTLY AVAILABLE AT WWW.HCVGUIDELINES.ORG) (COLLECTIVELY, “GUIDELINES”). SUCH INFORMATION (INCLUDING THE GUIDELINES) (A) IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL
MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, (B) SHOULD NOT BE CONSTRUED AS THE PROVISION OF ADVICE OR RECOMMENDATIONS, AND (C) SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY DECISION OR ACTION, INCLUDING WITHOUT LIMITATION THE DIAGNOSIS OR TREATMENT OF ANY HEALTH PROBLEM. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. SUCH INFORMATION IS NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED COMPLETE OR UP-TO-DATE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR
USEFULNESS OF ANY INFORMATION AVAILABLE THROUGH THE PLATFORM. THE RELATIONSHIP BETWEEN YOU AND US IS NOT A PHYSICIAN-PATIENT OR SIMILAR RELATIONSHIP; ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, AND NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE PLATFORM.
911 OR GO TO YOUR NEAREST EMERGENCY ROOM IN THE EVENT OF AN EMERGENCY
SITUATION. HEALTH CARE PROFESSIONALS SHOULD BE AWARE THAT THE PLATFORM, THE GUIDELINES AND OTHER HEALTH-RELATED INFORMATION PROVIDED BY THE PLATFORM, AND OTHER COMMUNICATIONS THAT ARE FACILITATED BY THE PLATFORM, DO NOT TAKE THE PLACE OF PATIENT COMMUNICATIONS AND ARE NOT INTENDED OR DESIGNED TO BE PART OF A PATIENT’S MEDICAL RECORDS.
we try to maintain the timeliness, integrity and security of the Platform, we do not guarantee that the Platform is or will remain updated, complete, correct or secure, or
that access to the Platform
will be uninterrupted. The Platform may
include inaccuracies, errors and materials that violate or conflict with this
Agreement. Additionally, third parties
may make unauthorized alterations to the Platform. If you become aware of any such alteration,
contact us at email@example.com
with a description of such alteration and its location on the Platform.
Limitation of Liability. MOUNT SINAI WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND,
UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER
THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER
INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED
INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE
OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
WITHOUT LIMITING THE FOREGOING, MOUNT SINAI WILL NOT BE LIABLE FOR
DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM
OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING WITH RESPECT TO ANY
DECISION OR ACTION TAKEN, OR NOT TAKEN, IN RELIANCE UPON THE INFORMATION
CONTAINED OR PROVIDED THROUGH THE PLATFORM (including the guidelines) AND USE
OR DISCLOSURE OF YOUR PERSONAL OR MEDICAL INFORMATION THROUGH YOUR USE OF THE
PLATFORM. YOUR SOLE AND EXCLUSIVE REMEDY
FOR DISSATISFACTION WITH THE PLATFORM OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS
TO STOP USING THE PLATFORM. THE MAXIMUM aggregate
LIABILITY OF MOUNT SINAI FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF
(A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO MOUNT SINAI TO USE THE PLATFORM AND
(B) TEN DOLLARS ($10.00). ALL
LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE
IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH MOUNT SINAI AND THE AFFILIATED
law may not allow for limitations on certain implied warranties, or exclusions
or limitations of certain damages; solely to the extent that such law applies
to you, some or all of the above disclaimers, exclusions or limitations may not
apply to you, and you may have certain additional rights.
Indemnity. Except to the extent prohibited under
applicable law, you agree to defend, indemnify and hold
harmless Mount Sinai and the Affiliated Entities from and against all claims,
losses, costs and expenses (including attorneys’ fees) arising out of (a) your
use of, or activities in connection with, the Platform (including all
Submissions); and (b) any violation or alleged violation of this Agreement by you.
Termination. This Agreement is effective until
terminated. Mount Sinai may terminate or
suspend your use of the Platform
at any time and without prior notice,
including if Mount Sinai believes that you have violated or acted
inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your
right to use the Platform will immediately cease, and Mount
may, without liability to you or any third party, immediately deactivate or
delete your user name, password and account, and all associated materials,
without any obligation to provide any further access to such materials. Sections
2–5, 7–9, 11–21 shall survive any expiration or termination of this Agreement.
Governing Law; Arbitration. The terms of this
Agreement are governed by the laws of the State of New York, U.S.A., without
regard to its principles of conflicts of law, and regardless of your
location. EXCEPT FOR DISPUTES THAT
QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS
AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND MOUNT SINAI,
WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER
LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A
NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT MOUNT
SINAI AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS
AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS
ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO
PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the
American Arbitration Association under its Consumer Arbitration Rules
(currently available at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTAGE2021424),
as amended by this Agreement. The
arbitrator will conduct hearings, if any, by teleconference or videoconference,
rather than by personal appearances, unless the arbitrator determines upon
request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in New
York County, NY, U.S.A. The arbitrator’s
decision will follow the terms of this Agreement and will be final and
binding. The arbitrator will have
authority to award temporary, interim or permanent injunctive relief or relief
providing for specific performance of this Agreement, but only to the extent
necessary to provide relief warranted by the individual claim before the
arbitrator. The award rendered by the arbitrator may be confirmed and enforced
in any court having jurisdiction thereof.
Notwithstanding any of the foregoing, nothing in this Agreement will
preclude you from bringing issues to the attention of federal, state or local
agencies and, if the law allows, they can seek relief against us for you.
Filtering. We hereby notify you that parental control
protections (such as computer hardware, software or filtering services) are
commercially available that may assist you in limiting access to material that
is harmful to minors. Information
identifying current providers of such protections is available from GetNetWise
OnGuard Online (http://onguardonline.gov/). Please
note that Mount Sinai does not endorse any of the products or services listed on
Complaints. If you have a question or complaint regarding
the Platform, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to Ponni
Perumalswami, 1 Gustave Levy Pl, NY NY 10029, or by calling us at 212-241-6500. Please note that e-mail communications will
not necessarily be secure; accordingly you should not include credit card
information or other sensitive information in your e-mail correspondence with
us. California residents may reach the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs by mail at 1625 North Market Blvd.,
Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Copyright Infringement Claims. 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 available on the Platform infringe your
copyright, you (or your agent) may send to Mount Sinai a written notice by mail,
e-mail or fax, requesting that Mount Sinai remove such material or block access
to it. If you believe in good faith that
someone has wrongly filed a notice of copyright infringement against you, the
DMCA permits you to send to Mount Sinai a counter-notice. Notices and counter-notices must meet the
then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/
for details. Notices and counter-notices
must be sent in writing to Beth Essig, General Counsel, as follows: By mail to Office of the General Counsel,
Icahn School of Medicine at Mount Sinai, Mount Sinai Hospitals Group, 1 Gustave
Levy Place, New York, NY 10029; by e-mail to email@example.com; or by fax to (212)
348-2230. Ms. Essig’s phone number is (212)
suggest that you consult your legal advisor before filing a DMCA notice or
Miscellaneous. This Agreement does not, and shall not be
construed to, create any partnership, joint venture, employer-employee, agency
or franchisor-franchisee relationship between you and Mount Sinai. If any provision of this Agreement is found
to be unlawful, void or for any reason unenforceable, that provision will be
deemed severable from this Agreement and will not affect the validity and
enforceability of any remaining provision.
You may not assign, transfer or sublicense any or all of your rights or
obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or
all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Mount Sinai relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Mount Sinai relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or App or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any 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. Mount Sinai
will not be responsible for any failure to fulfill any obligation due to any
cause beyond its control.
Apple-Specific Terms. In addition to your agreement with the
foregoing terms and conditions, and notwithstanding anything to the contrary
herein, the following provisions apply with respect to your use of any version
of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and
does not own and is not responsible for the App. Apple is not providing any warranty for the
App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or
other support services for the App and shall not be responsible for any other
claims, losses, liabilities, damages, costs or expenses with respect to the
App, including any third-party product liability claims, claims that the App
fails to conform to any applicable legal or regulatory requirement, claims
arising under consumer protection or similar legislation, and claims with
respect to intellectual property infringement.
Any inquiries or complaints relating to the use of the App, including
those pertaining to intellectual property rights, must be directed to Mount
Sinai in accordance with the “Information
or Complaints” section above. The
license you have been granted herein is limited to a non-transferable license
to use the App on an Apple-branded product that runs Apple’s iOS operating
system and is owned or controlled by you, or as otherwise permitted by the
Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms
of any third-party agreement applicable to you when using the App, such as your
wireless data service agreement. Apple
and Apple’s subsidiaries are third-party beneficiaries of this Agreement and,
upon your acceptance of the terms and conditions of this Agreement, will have
the right (and will be deemed to have accepted the right) to enforce this
Agreement against you as a third-party beneficiary thereof; notwithstanding the
foregoing, Mount Sinai’s right to enter into, rescind or terminate any
variation, waiver or settlement under this Agreement is not subject to the
consent of any third party.
© 2014-2015 Icahn School of Medicine at Mount Sinai unless otherwise noted.
All rights reserved.