Resources

Legal information about use of data

Association of Health Care Journalists (AHCJ) Legal Notice

The data you have obtained from AHCJ are for members only and for journalistic use. Please see the terms and conditions below.

TERMS AND CONDITIONS

The Association of Health Care Journalists ("AHCJ") is a nonprofit organization that provides services to members. All data ("Data") provided to you ("You") by AHCJ only on the condition that You agree to he terms and conditions of this agreement ("Agreement") as set forth herein. Please read the Agreement carefully before using the Data. By using, downloading, copying or otherwise utilizing in any way the Data, You agree to be bound by this Agreement.

If You do not wish to be bound by this Agreement, promptly delete or return all Data and any copies to the place where you obtained it. The Agreement covers all Data to be supplied by AHCJ, including Data originally supplied to AHCJ by third parties. Because AHCJ will not provide Data or Database(s) to nonjournalists, You represent that you are a journalist.

• LIMITATIONS
  Data originating from third parties, including but not limited to local, state or federal governmental entities, may be subject to rights belonging to, and terms and conditions established by such third parties. Copies of any terms and conditions applicable to the Data, to the extent provided to AHCJ, will be made available to You. To the extent applicable, and subject to the Agreement, AHCJ expressly reserves all rights it may have under copyright and any other applicable laws, regulations, codes or treaties. You agree not to make the Data in whole or in part available to any other person or entity other than You without the express written permission of AHCJ, and if such written permission is received, only in accordance with the specific terms and conditions of such written permission from AHCJ. Any breach of this provision will be a material breach of this agreement.

• LIMITED WARRANTY
  Since the Data are provided to members at no cost, they are provided on an "as is" basic, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk as to the quality and performance of the Data is borne by You. Should the Data and Database(s) prove defective, You and not AHCJ assume the entire cost of any such defect. (You are required to notify AHCJ of any such defect that becomes know to you within a reasonable time.) In addition the Data have inherent limitations, and you must determine that the Data sufficiently meet your requirements. this disclaimer of warrantly constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary from state to state.

• LIMITATION OF LIABILITY
  Under no circumstances and under no legal theory, tort, contract, or otherwise, shall AHCJ (which includes AHCJ's respective directors, officers, employees and agents) be liable to you or any other person for any indirect, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will AHCJ be liable for any damages, even if AHCJ shall have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

• INDEMNITY
  You agrees to indemnify and hold harmless AHCJ, and its board members, officers, employees and agents, against any and all losses, liabilities, judgments, awards, and costs (including legal fees and expenses) arising out of or related to any use whatsoever by You of the Data, including, but not limited to (i) any claim that You infringed or violated any copyright, trade secret or other proprietary right of any third party; (ii) any claim arising from tort, contract, or otherwise, including, but not limited to negligence, strict liability, warranty, breach of contract, libel, defamation, slander, false light, invasion of privacy, negligent or intentional infliction of emotional distress, business or trade disparagement, tortious interference, prima facie tort, death or personal injury.

COMPLETE AGREEMENT

This Agreement represents the complete and exclusive statement of the agreements between AHCJ and You, and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provision hereof under all circumstances. Headings shall not be considered in interpreting this Agreement. This agreement shall be governed by and construed under Missouri law.