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Welcome to USisUS! USisUS is a web site owned and operated by http://www.SimmonsCollege.edu. Located in Boston, Simmons College in a post-secondary school that offers a liberal arts education integrated with professional work experience.
Please read the following User Agreement carefully before using this website.
The Terms of Use (or "Agreement") is a legal agreement between you and USisUS governing your participation on the USisUS site. By using, accessing or registering as a member of USisUS, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use USisUS.
We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on http://www.USisUS.edu, which take effect when we post them. By continuing to access or use USisUS after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.
A Note About Minors. USisUS.org does not sell products to children. Users under 18 years of age may use USisUS only with involvement of a parent of guardian.
Privacy. UsisUS respects your privacy. Please read our Privacy Policy, which also governs your visit to USisUS.
Membership. You may become a "Member" of USisUS, which may grant you additional privileges, by completing the membership application form and clicking here. Becoming a Member allows you to post content on USisUS. You agree as a condition of use and membership that we may contact you for the purpose of informing you of changes to this Agreement or describing new services available on USisUS. You are responsible for safeguarding the password that you use to access any secure areas of USisUS, and agree to accept responsibility for all activities that occur under your user name and password. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify USisUS.org of any unauthorized use of your password.
Content. USisUS provides a number of different services to assist you in comparing health care facilities and services. USisUS provides information regarding health care facilities and vendors, and links to locations that are offering health care services and service providers. USisUS is paid by independent sponsors, funders, and by Simmons College.
USisUS does not sell, resell or license any products or services listed on USisUS, nor is USisUS acting as an agent of sale. USisUS.org disclaims any responsibility for, or liability related to, such products or services (see <i>Disclaimer of Warranties</i> below). Any question, complaints or claims should be directed to the appropriate health care service provider.
USisUS.org does not warrant that product or service descriptions, pricing, editorial commentary or any other content of USisUS, regardless of its source, is accurate, complete, reliable, current or error-free. USisUS content is provided for informational purposes only and does not constitute an endorsement by USisUS.org of any product, health care provider, seller or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss. USisUS assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings ( e.g. health care facility rating, user service rating) or other content on USisUS.
Citizen reviews and ratings on USisUS.org are from our members who have elected to post a review on USisUS. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a health service provider or other third party in any given transaction.
You may download, view and print a single copy of any other content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to USisUS, and any other content appearing on USisUS, will remain the exclusive property of USisUS and its sponsor, Simmons College. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use USisUS, or any other content appearing on USisUS. You may not copy or modify the HTML code used to generate web pages on USisUS. You may not use USisUS, or any other content appearing on USisUS, on or in connection with any other website, for any purpose.
Content Submission. By contributing or submitting any content to USisUS, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant USisUS.org a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of USisUS, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. USisUS reserves the right to change, condense or remove any content on USisUS that USisUS deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information:
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that is unlawful in any way;
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that is known by you to be false, inaccurate or misleading;
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that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
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that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
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that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
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for which you were compensated or granted any consideration by any third party;
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that includes any information that references addresses, email addresses, contact information or phone numbers;
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or that contains any computer viruses, worms or other potentially damaging computer programs or files.
UsisUS may terminate or suspect your access to all or part of USisUS site, without notice, for any such conduct.
You retain all ownership rights to information, text, graphics, or other materials you publish on USisUS. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can edit or remove your content from USisUS at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes.
It is not a violation of the User Agreement to post your reviews to other sites. We ask that you refer or provide links to USisUS.org if you choose to republish your content elsewhere, although this is not mandatory.
Copyrights. All content available on USisUS, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by USisUS, with all rights reserved, or is the property of USisUS or third parties protected by intellectual property rights. USisUS owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not remove, modify, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as permitted by the fiar use privilege under the U.S. copyright laws (see, for example, 17 U.S.C. Section 107), you may not reproduce or distribute in any way Content protected by copyright, or other proprietary rights, without obtaining permission of the owner of the copyright or other proprietry right. Use of any software shall be governed by the software license agreement accompanying such software.
The unauthorized submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecurtion as well as personal liability for damages. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights.</p>
If you believe content published on USisUS infringes your copyright, you should send notice of copyright infringement to USisUS Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. Section 512) by providing the following information:
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An identification of the copyrighted work claimed to have been infringed
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An identification of the material that you claim is infringing so that we may locate it on the site
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Your address, telephone number and email address
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A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
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A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved
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Your signature
The notice should be mailed to:
USisUS.org
Attn: Copyright Agent
PO Box 600344
Newton, MA 02460
U.S.A.
Or via fax to: 617-244-8761 (Attn: Copyright Agent)
Upon receipt of notice as described above, USisUS will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from USisUS.
Other Rules. You agree to comply with USisUS’s Writing Guidelines, which are incorporated into this Agreement, and with all laws and regulations applicable to your access and use of USisUS.org and publishing your content. You may not harvest personal data (including email addresses) from USisUS, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that USisUS.org has no obligation to monitor your access to or use of USisUS, but has the right to do so for the purpose of operating USisUS, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access USisUS or collect information from it.
Disputes. Any dispute relating in any way to your visit to USisUS or to service providers you visit through USisUS shall be submitted to confidential arbitration in Bostn, Massachusetts, except that, to the extent you have in any manner violated or threatened to violate Simmons College’s intellectual property rights, Simmons College may seek injunctive or other appropriate relief in any state or federal court in the state of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this User’s Agreement shall be joined to an arbitration involving any other party subject to this User’s Agreement, whether though class arbitration proceedings or otherwise.
Indemnity. By choosing to use USisUS, you expressly agree that the use of the USisUS site is at your sole risk. You agree to indemnify USisUS, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through USisUS; or of your use of or connection to USisUS; your violation of the User Agreement; or, your violation of any rights of another.
THE USISUS WEB SITE IS PROVIDED BY SIMMONS COLLEGE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIMMONS COLLEGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SIMMONS COLLEGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIMMONS COLLEGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF USISUS, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.</P>
Release. In the event that you have a dispute with one or more users of USisUS, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge USisUS, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than Massachusetts as it pertains to the enforcement of the release in this section.
Applicable Law. You agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflicts of laws, will govern this USisUS User Agreement and any dispute or any sort that might arise between you and Simmons College or its affiliates. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts and of the United States of America located in the Commonwealth of Massachusetts for any litigation arising out of or relating to use of the USisUS site, and agree not to commence any litigation relating thereto except in such courts.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Integration. This Agreement, USisUS.org’s Site Rules and our Privacy Policy, (which is incorporated herein by reference) constitute the entire Agreement, and supersede any other Agreements or understandings (oral or written), between you and us with respect to their subject matters.
Disclaimer of Warranties. USISUS.ORG AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. USisUS may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of health care providers or advertisers found on USisUS, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such health care provider or advertiser. You agree not to hold USisUS liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such health care providers or advertisers on USisUS. Nothing on USisUS.org constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.
Assignment. You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by USisUS, in its sole discretion, to a third party. You may not assign your obligations to another entity.
General. This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with USisUS. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by USisUS.
This USisUS User Agreement, including all documents referenced herein, represents the entire understanding between you and Simmons College regarding your relationship with Simmons College and use of USisUS and supersedes any prior statements or representations.
YOU AGREE TO BE BOUND BY THE TERMS OF USE BY VISITING AND USING THE USISUS WEB SITE.
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