THE BRIGHAM AND WOMEN’S HOSPITAL
CLINICAL DECISION SUPPORT (“CDS”) PORTAL
This website (the “Portal”) provides access to clinical decision support processes and procedures (“CDS Content”) created by healthcare providers,
hospitals and medical centers (each a “Contributor”) who have submitted such content to be shared with the medical community for the improvement of
patient care. The Portal is offered as a result of a contract from the Agency for Healthcare Research and Quality (“AHRQ”) to develop, implement and
evaluate projects that advance understanding of how best to incorporate clinical decision support into the delivery of healthcare.
access the Portal and applies equally to the legal entity (such as a hospital, medical center, or physicians practice) with whom you are employed. By
ACCESS TO THE PORTAL
any information provided to BWH in connection with Enduser’s use of the Portal is true, accurate and complete. Enduser is solely responsible for
distribute, sublicense, sell, or in any other way gain a commercial benefit from the use of the Portal or the CDS Content contained herein. Furthermore,
Any special rules for the use of certain CDS Content and other items provided on the Portal may be included elsewhere within the Portal and are
LICENSE TO CDS INFORMATION
BWH grants Enduser the following rights to the CDS Content, subject to the terms and conditions hereof, solely for such Enduser’s own internal patient
care, medical procedures and medical education purposes, and not for any sale, resale or any commercial benefit. Subject to the foregoing, BWH hereby
grants Enduser a limited non-exclusive perpetual license to download and use a copy of the CDS Content as follows: (a) to reproduce the CDS Content; (b)
to modify and make derivative works of the CDS Content, provided that clear attribution to the original copyright holder is included in each copy of the
modified or derivative work, and (c) to place and display the CDS Content on a secure server connected to Enduser’s intranet. Nothing in these Terms of
Use is intended to transfer any rights of ownership in any copyright in any of the CDS Content; however, Enduser shall own all modifications and
derivative works authored by such Enduser, subject to the pre-existing copyright and license restrictions on the original CDS Content.
Enduser agrees it will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other
proprietary notice or legend appearing on any CDS Content or any other material on the Portal.
USE OF ENDUSER INFORMATION
From time-to-time BWH may request information from Endusers via assessment tools. Participation in any survey is completely voluntary, and the Enduser,
therefore, has a choice whether or not to disclose any information requested in connection with an assessment tool. Information requested may include
contact information (such as name and email address), and demographic information (such as zip code, age level), among other information. Assessment tool
information will be used for purposes of monitoring or improving the usability and quality of the Portal.
The IP addresses of Endusers may be collected and used to analyze trends, administer the Portal, and gather broad demographic information for aggregate
use. Although such information is not personally identifiable, we can determine from an IP address an Enduser’s Internet service provider and
geographical location of his or her point of connectivity.
Aggregated demographic information about Endusers of the Portal may be shared with the Portal’s funding sources and content providers, and with third
parties through scholarly publications relating to the Portal and its subject matter. In any such instance, no personally identifiable information will
COMPLIANCE WITH LAWS
Enduser shall comply in all material respects with all federal, state and local laws, rules and regulations governing Enduser’s use of any of the CDS
BWH may suspend or terminate Enduser’s access to the Portal at any time, for any reason or for no reason at all. BWH reserves the right to change,
suspend, or discontinue all or part of the Portal, temporarily or permanently, without prior notice.
COPYRIGHT AND PROPRIETARY RIGHTS
Enduser acknowledges and agrees that the Portal, all CDS Content and all other content and materials contained on the Portal is the property of BWH, its
Affiliates, the Contributors, and other third parties, and is protected by United States and international copyright law, trademark law, and trade secret
rights to Enduser under any patents, copyrights, trademarks, trade secrets or any other intellectual property. Accordingly, unauthorized use of the
Portal, CDS Content or any other content and materials contained on the Portal may violate patent laws, copyright laws, trademark laws, trade secret
redistribution, use or publication by Enduser of any part of the Portal or the CDS Content is strictly prohibited.
The CDS Content is provided on an "AS IS" basis. In view of the possibility of error of omission or commission by the authors, editors, officers,
directors, employees, agents, licensors, suppliers, affiliates, or contributors of the CDS Content, neither BWH nor any other party represents or
warrants that the CDS Content is in every respect accurate or complete, and they are not responsible for any errors of omission or commission or for the
results obtained from the use of such CDS Content. Endusers are encouraged to confirm the information contained in any CDS Content with other sources.
In no event will BWH, its Affiliates and Contributors, or any third parties, be liable for any damages (including, without limitation, incidental and
consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use
or inability to use the CDS Content whether based on warranty, contract, tort or any other legal theory, and whether or not BWH, its Affiliates and
Contributors have been advised of the possibility of such damages.
BWH, its Affiliates and Contributors do not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be
mentioned in any CDS Content or in any other materials in the Portal; the physician is responsible for all decisions affecting patient care.
If any CDS Content mentions drugs or medicines, such information does not cover all possible uses, actions, precautions, side effects, or interactions of
these medicines, nor is the information intended as medical advice for individual problems or for making an evaluation as to the risks and benefits of
taking a particular drug.
ACCESS TO THE PORTAL AND THE CONTENT 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, BWH AND ITS AFFILIATES AND CONTRIBUTORS DISCLAIM 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 AND NON- INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, BWH AND ITS AFFILIATES DO NOT WARRANT THAT ACCESS TO THE PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF
ANY, WILL BE CORRECTED; NOR DOES BWH OR ITS AFFILIATES MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS,
USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE PORTAL OR ANY OF THE INFORMATION CONTAINED THEREIN. ENDUSER EXPRESSLY AGREES THAT USE
OF THE PORTAL AND RELIANCE UPON ANY OF ITS CONTENTS IS AT ENDUSER’S SOLE RISK.
ENDUSER SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE PORTAL OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF
INFORMATION FROM THE PORTAL CAUSED BY ENDUSER. BWH AND ITS AFFILIATES CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR ENDUSER’S MISUSE OF ANY
INFORMATION, IDEAS, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE PORTAL.
ACCESS TO THE PORTAL AND THE INFORMATION CONTAINED THEREIN IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT OF HEALTH CARE PROFESSIONALS IN DIAGNOSING AND
TREATING PATIENTS. BWH AND ITS AFFILIATES AND CONTRIBUTORS DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY (INCLUDING DEATH) TO
ENDUSER OR ANY OTHER PERSONS OR PROPERTY ARISING FROM ANY USE OF OR RELIANCE UPON ANY INFORMATION, IDEA, OR INSTRUCTION ACCESED BY ENDUSER THROUGH THE
When using the Portal, information will be transmitted over media and equipment that are beyond the control and jurisdiction of BWH. Accordingly, BWH
assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with
use of the Portal.
BWH does not endorse any content on any third-party websites. BWH is not responsible for the content of linked third-party sites within the website, and
does not make any representation regarding their content or accuracy. Enduser’s use of third-party websites is at Enduser’s own risk and subject to the
terms and conditions of use for such sites.
LIMITATIONS OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH THE PORTAL OR ANY OF ITS CONTENT, ENDUSER AGREES THAT ITS SOLE REMEDY IS TO CEASE USING THE PORTAL AND SUCH CONTENT.
UNDER NO CIRCUMSTANCES SHALL BWH OR ANY OF ITS AFFILIATES OR CONTRIBUTORS BE LIABLE IN ANY WAY TO ENDUSER OR ANY THIRD PARTY FOR ENDUSER’S USE OF THE
PORTAL OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL
PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL BWH, ANY BWH AFFILIATE, OR CONTRIBUTOR BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON ENDUSER’S INFORMATION HANDLING SYSTEM
OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH ENDUSER’S USE OF THE PORTAL, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF BWH, ITS AFFILIATES OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ENDUSER HEREBY RELEASES AND AGREES TO HOLD BWH, ITS AFFILIATES AND CONTRIBUTORS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND
NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ENDUSER’S USE OF THE PORTAL AND ANY CDS CONTENT. ENDUSER WAIVES THE PROVISIONS OF ANY STATE OR
LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
and defend BWH and its parent, subsidiaries, Affiliates, Contributors, licensors, and their officers, directors, affiliates and employees (collectively,
“Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable
attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) Enduser’s use of the Portal or any CDS
settle any such claim without the written consent of the applicable Indemnified Party.
In consideration of BWH providing CDS Content to Enduser, Enduser agrees not to bring any claim, lawsuit, or action (“Claim”) for any damages, costs,
liabilities, settlement amounts and/or expenses (including attorneys’ fees) against BWH, its Affiliates, and Contributors arising out of or relating to
instituting any such Claim.
hereby consents to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts for the resolution of any dispute based upon or relating
could be filed. If it is not filed, then that claim is permanently barred. This applies to Enduser and Enduser’s successors and assigns. These Terms of
Use constitute the entire agreement relating to Enduser’s use and BWH’s provision of the Portal and the subject matter hereof, and no representations,
which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid
Use 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. Enduser may not
the benefit of each of the parties and the parties’ respective successors and permitted assigns. Except as otherwise expressly allowed herein, these
Enduser and BWH.
generated and maintained in printed form.