Terms of Use
Welcome to the PROCLAIM Website operated by the New Jersey Hospital Association (“NJHA”). These Terms of Use govern your access and use of the online Services provided by NJHA and its subsidiaries, affiliates, brands and entities that it controls (collectively “we,” “us,” or “our”). Please read these Terms carefully before accessing or using our Services.
Each time you access and use our Websites and Services, you signify that you have read and understand, and agree to be bound by, these terms. If you do not accept or agree to these Terms of Use, then you are not authorized to, and must not, access or use the Website. Your use of the Services must comply with our policies. These Terms have the same force and effect as an agreement in writing. Any changes to these Terms will be posted on this page.
Registration and Responsibilities
You are responsible for obtaining and maintaining at your own cost all equipment and services needed for access to and use of the Services. When you register with us and each time you access our Services, you may be providing certain information about yourself and/or your organization. You agree that you have control, authority or appropriate licensure to share the information you submit and that we may use any information that we obtain from you in accordance with the provisions of our Privacy Policy and that you have no ownership or proprietary interest in your account other than as set out in these Terms.
The Website uses cookies and similar technologies to support functionality and analyze website usage. By using the Website, you acknowledge and agree that cookies may be placed on your device in accordance with our Cookies Policy. For more information, including how to manage or disable cookies, please refer to our Cookies Policy.
Restrictions on Use, Copyrights, and Trademark Rights
The format and contents of the Website including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our licensors. Users may download material from the Website provided that any reproduction of the material is for legal, noncommercial purposes, and does not materially alter the content.
You agree not to use the Website for any unlawful or harmful purpose, attempt to gain unauthorized access to systems or data, reverse-engineer or otherwise attempt to derive the source code, or interfere with site operation or security.
If you believe that any material on the Website is infringing your copyright, please provide written notice to the contact listed at the bottom of these Terms for notice of claims of copyright infringement.
If you believe that your trademark is being used on the Services in a way that constitutes trademark infringement, you or your agent may notify us in writing at the address listed at the bottom of these Terms.
With respect to copyright and trademark claims, we may require that your response provides the accurate identity of the owner, contact information, and the specific nature of the complaint.
Third Party Content and Links
We may provide links to other Websites or Internet resources for your convenience only, and such links do not signify or imply our endorsement of such other Website or resource or its contents over which we have no control and which we do not monitor. You use those links at your own risk and should apply a reasonable level of caution and discretion in doing so. You agree that we shall have no responsibility or liability for any information, software, or materials found at any other Website or Internet resource.
Security and Confidentiality
Information obtained by you via your account and information disclosed directly to you by us (“Confidential Information”) shall be kept strictly confidential by you and used only for the purpose of interacting with and transacting with us and shall not be disclosed by you in whole or in part, directly or indirectly to any third party, provided that: (a) you may disclose such information to any of your employees, attorneys and other professional advisors (if appropriate) for the purpose of working with you in connection with your decision to use the Services, on the basis that you understand that you will be responsible for their use and handling of such information; and (b) Confidential Information shall not include information that: (i) was in your lawful possession before it was disclosed, without confidentiality restrictions; (ii) you obtain from a third party on an unrestricted basis other than through breach of these Terms or breach of any other obligation of confidentiality on you or the third party; (iii) is developed by you independently of us and any information received by you from us; or (iv) you are required to disclose in accordance with applicable law, provided that you give us as much advance written notice of such requirement as is reasonably practicable in the circumstances.
Limitations of Liability
NJHA shall not be liable for any damages of any kind, under any theory of liability, resulting from user’s access to the Web site or use of any information contained therein or use of any information contained in linked Websites.
We reserve the right to modify, suspend or discontinue all or any aspect of the Services with or without notice to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes. You also acknowledge that unplanned system outages may occur. Our Websites are provided over the Internet and so the quality and availability of the Websites may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the Websites or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned. You agree that we shall not be liable to you or any third party should NJHA exercise its right to modify, suspend or discontinue the Services.
Disclaimer of Warranties
NJHA disclaims any and all warranties, express or implied, relating to the Website and any information contained therein, including warranties, as to the accuracy or completeness of the information. We provide the Services on an “as is” and “as available” basis.
You acknowledge that access to data (including, but not limited to, documents, photographs, and software files) stored by you or others on the Services is not guaranteed and that we shall not be responsible to you for any loss of data caused by the Services or their unavailability. We make no warranty as to the results that may be obtained from the use of the Services, or as to the accuracy or reliability of any information obtained through the Services, or that defects in the Services will be corrected. You understand and agree that any material and/or information downloaded or otherwise obtained via the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.
Indemnification
You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants, subcontractors and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorney fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Governing Law and Venue
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles. Any disputes shall be resolved exclusively in state or federal courts located in New Jersey.
Enforceability and Waiver
If any provision of these Terms of Use is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
No failure or delay by us in exercising any right, remedy, or provision under these Terms shall be deemed a waiver of such right or provision. A waiver will be effective only if made in writing and expressly acknowledged as a waiver.