Terms of Use
Browns Medical Center Terms of Use
Browns Medical Center (BMC) provides a broad spectrum of information, tools, advising, consulting, and administrative services like our collaborative matching services for healthcare professionals (collectively the “Services”) and access to this website (BrownsMedicalCenter.org), web and mobile pages, software, and/or applications, and Portals (collectively “Sites”).
"Browns Medical Center ”, its subsidiaries, affiliates, and brands (“Browns Medical Center”) (collectively “we”, “us”, “our”), provides you access to use the Services and Sites contingent on your full agreement to these “Terms of Use” (“Terms”) and our Privacy Policy.
IMPORTANT LEGAL NOTICE: AS DETAILED BELOW, UNLESS OTHERWISE EXPRESSLY STATED, ALL DISPUTES UNDER THESE TERMS WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION AND YOU WAIVE YOUR RIGHT TO FILE OR JOIN A CLASS ACTION LAWSUIT OR A CLASS-WIDE ARBITRATION.
Your Responsibilities
Each time you access and use the Sites, you represent and warrant that you are over eighteen (18) years old, and that you have the right, authority, and capacity to agree to be bound by these Terms. If you do not or cannot agree to these Terms, you are not permitted to access the Sites. You agree to only engage with the Sites for their intended purpose and not to (or assist or encourage others) to use the Sites to commit illegal acts or violate any local, state, national or international law(s) or regulation(s).
Ownership
You represent and warrant that your access and use of the Sites does not and will not infringe, interfere, or limit the rights of any third-party, including intellectual property rights, rights to privacy or publicity, or any other legal or moral rights. If applicable, you grant to Browns Medical Center an irrevocable, perpetual, non-exclusive, sub-licensable, royalty free and fully-paid for license(s) throughout the universe to use and distribute, syndicate, license, reproduce, modify, publish, translate, or create a derivate work and display in any format or medium, to any content or materials transmitted or submitted by you via the Sites, including for marketing and advertising purposes for which you shall receive no compensation.
Recommended Providers
You agree and understand that content and materials provided via the Sites (“Browns Medical Center Content”) whether in videos, posts, newsletters, or e-mail, are provided “as is” and is intended to be of general interest and for discussion, education and/or informational purposes only. We may also link to or feature individuals, companies, associations, governmental agencies, service providers and/or other third parties on the Sites (collectively “Other Content”). Some of the Browns Medical Center Content and/or the Other Content to which we link, may include affiliate links, advertising, or other sponsored content in partnership with third parties from whom we may receive compensation. We may not monitor or control the content provided by, or the opinions expressed, by the third parties that are included in the Browns Medical Center Content and/or the Other Content.
You understand and agree that Browns Medical Center does not make any representations or warranties regarding the accuracy or reliability of the Browns Medical Center Contents and/or in any way responsible for the Other Content. Your access, use, or reliance on either Browns Medical Center Content or the Other Content is solely at your own risk.
Modifications of Terms of Use
We reserve the right to change these Terms from time to time in our sole and absolute discretion. In the event we do make any modifications, we may take reasonable steps to notify you of the changes. For example, notification may be by including the effective date of the new terms alongside their posting. If you do not agree to this version of the Terms or if in the future you object to modifications, your only recourse is to immediately stop accessing the Sites. Your continued access and use of the Sites, including this website, indicates your acknowledgment, agreement, and intention to be bound to these and (if applicable) any future Terms.
Our Portals
As part of our Services, we may offer you access to certain portals or software applications (“Portals”). If applicable, Browns Medical Center grants you a personal, non-exclusive, non-transferable, and limited license to access, use and transmit information and/or data via the Portals solely for your personal use (“Personal License”). You also agree not to reverse engineer, decompile, strip, disassemble, bypass, or disable the code or security measures in our Sites, Portals, servers, network, social media accounts, and/or communication systems.
You also agree not to make or transmit any content that is offensive or objectionable or defamatory, or designed to harm, interfere, destroy, or limit the functionality of any computer software, hardware, or telecommunication equipment, or use any data-mining technology, manual or automatic process to copy, cache, frame, mask, distribute or alter any data from our Sites, network, or databases.
You agree to indemnify, defend and hold harmless Browns Medical Center, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms by you; (b) the inaccurate or untruthful content or other information provided by you or that you submit, transmit or otherwise make available through the Sites; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. In the event indemnification is necessary, we will have sole control of the defense of any such damage or claim.
Trademarks and Copyrights
The logo(s), design(s), icon(s), scripts, graphics, materials, data, images, audio and video clips, downloadable forms, data compilations and/or software found or accessed throughout our Sites are the exclusive property, trademark and/or trade dress of Browns Medical Center and you agree not to use, copy or make derivative works, remove any of our ownership, property notices or marks and to otherwise comply with applicable copyright laws.
Binding Arbitration and Waiver of Class Action Rights
By accepting these Terms, you agree to WAIVE ANY CONSTITUTIONAL AND/OR STATUTORY RIGHT HAVE A TRIAL BY JURY OR A JUDGE AND YOU AGREE THAT ALL CLAIMS AND DISPUTES SHALL BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS ONLY AND NOT ON A CLASS BASIS, and to engage in binding arbitration to resolve any dispute or claim arising out of or relating to these Terms. In the event there is a dispute between the parties, the parties shall engage in good-faith negotiations as a pre-requisite to initiating arbitration. You have the right to opt out of this provision by sending a written Email notice to Partners@BrownsMedicalCenter.org within 30 days of your first acceptance of these Terms, stating a clear statement of your intention to opt out, your name, address, and email address.
The binding arbitration shall take place in DeKalb County, Georgia in accordance with the JAMS Streamlined Arbitration Rules and Procedures then in effect and the arbitrator shall be selected from a list of local arbitrators. Judgment upon the arbitrator’s award may be entered in any court of competent jurisdiction. The cost and fees associated with the arbitration shall be borne by the party that initiates the action or as otherwise decided by the arbitrator. Nothing herein prevents any party from seeking injunctive or equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement of a party’s intellectual property rights.
Non-US Users
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties. If you are a European Union user, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
Termination and Survival
If any provision of these Terms is deemed unenforceable or invalid, the provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. You agree and understand that we have the sole right to limit or terminate your access to our Sites and Services at any time and for any reason. You also acknowledge that we may pursue action (technical, legal, or otherwise) against you if you attempt to, or make use of, any of the Sites or Services in violation of these Terms or our policies and that such action is not a substitution for any other remedies available to us. In the event a dispute or action may be litigated, any such action shall be brought in the courts sitting in DeKalb County, Georgia, or if in federal court, the U.S. District Court for the Northern District of Georgia and shall be governed by the laws of Georgia, notwithstanding any choice of law or conflict of law rules or provisions.
All of the provisions that by their nature should survive termination of these Terms, shall survive termination of your access to the Sites and/or Services, including without limitations rights and duties regarding ownership, intellectual property, warranty disclaimers, indemnity and limitations of liability.
Contact:
If you have any questions about these Terms, you can contact us via email at:
Partners@BrownsMedicalCenter.org
Attn: Legal Department