findERnow Terms of Use

By downloading, installing, or using the findERnow(TM) app (“App”), you agree to the terms below.  The App is provided by Massachusetts General Hospital (“MGH”), Emergency Medicine Network located at 125 Nashua Street, Suite 920 Boston, MA 02114, United States. 

As a condition of downloading, accessing, or using the App, you also agree to the terms of the Privacy Policy.

License
Massachusetts General Hospital grants to you a royalty-free, non-exclusive, non-transferable, revocable license to access and use the App for non-commercial purposes only, and only on an iPhone OS product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service. 

Use of the App
The app shall be used for informational purposes and not for any other purpose.

When using the App, you may not (or allow those acting on your behalf to):

  1. Use the App for commercial, clinical or decision-making activities;
  2. Copy the content;
  3. Reverse engineer or attempt to extract the source code from the App or any related software; or
  4. Do anything inappropriate , illegal, or in violation of others’ rights

Using the App does not give you ownership of the intellectual property or the content you access. You may print off screenshots of any page(s) from the App for your personal reference and you may draw the attention of others within your organization to material available on the App. You must not modify the content of the screenshots you have printed off or downloaded in any way.

Actual Conditions; Assumption of Risk
When you use the App and its data, or traffic, directions, and other content provided by a third-party (e.g., Apple Maps), you may find that actual conditions differ from the App and third-party results and content, so use your independent judgment and use the App and third-party content at your own risk. You are responsible at all times for your conduct while using the App and its consequences.  For example, do not use the App in a way that distracts you and prevents you from obeying traffic or safety laws. 

As a reminder, if you are experiencing a medical emergency, please dial 911 immediately.  

Modifying and Terminating the App
We periodically change and improve the App. We may add or remove functionalities or features, and we may suspend or stop the App altogether.

You can stop using the App at any time. We may suspend or stop providing the App to you if you do not comply with our terms or policies.

Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, MGH PROVIDES THE APP AND CONTENT “AS IS” AND WITH ALL FAULTS, ERRORS AND DEFECTS, AND NEITHER MGH NOR ANY OF ITS PERSONNEL NOR ANY OF ITS AFFILIATES IS RESPONSIBLE FOR ENSURING THAT ANY IMPLEMENTATION OF APPLICATION OR CONTENT WILL BE WITHOUT ERROR. THE APP IS MADE AVAILABLE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

MGH will not be responsible for investigating, defending, settling, or discharging any third party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights. 

Any claims that you or a third party may have relating to the app including, but not limited to (i) product liability claims, (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, must be brought to the attention of MGH.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MGH SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE OR LOST BUSINESS, REVENUE, PROFITS, DATA OR GOODWILL) ARISING IN CONNECTION WITH YOUR USE OF THE APP OR OTHERWISE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification
You agree to defend, indemnify and hold harmless MGH and its affiliates, trustees, officers, employees, staff members, agents or contractors from and against any claim, charge, demand, action or suit, whether in contract, tort, strict liability, negligence or otherwise, for any and all losses, costs, charges, claims, demands, fees, expenses or damages of any nature or kind arising out of, connected with or resulting from (i) any use (whether permitted under this Terms of Use or not) of the App by you or any other individual you permit to access the App, or (ii) relating in any way to this Terms of Use.

About these Terms
We may modify these terms or any additional terms that apply to the App.   We will post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms, you should discontinue your use of the App.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of the Commonwealth of Massachusetts, without regard to conflicts of laws principles, will apply to any disputes arising out of or relating to these terms. In addition, the Parties agree to submit to the exclusive jurisdiction of the state or federal courts within the Commonwealth of Massachusetts for any proceeding arising out of or in connection with the App, and each Party agrees not to commence any such proceeding except in such courts, and waives any objection to the laying of venue of any such proceeding in such courts.

To contact us, please email emnet@partners.org.

 

Last modified: April 19, 2017