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Terms of Service

The ECRI website consists of numerous web pages published by ECRI, including but not limited to the content posted on all ecri.org pages ("Services"). ECRI's website is offered to you on the terms and conditions set forth below. Your use of the ECRI website constitutes your agreement to all such terms, conditions, and notices without modification of any kind. As a condition of your use of the ECRI website, you warrant that you will not use the ECRI website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ECRI website in any manner, which could damage, disable, overburden, or impair the ECRI website or interfere with any other party's use and enjoyment of the ECRI website.

ECRI reserves the right to change the terms, conditions, and notices of this Agreement. ECRI reserves the right to disclose aggregated information to the larger public or more specific data that you separately and specifically agree that we can share or as set forth under a member-specific agreement with you.

Links to third party sites

The ECRI website may, for your convenience, contain links to other websites ("Linked Sites"). The inclusion of any link does not imply endorsement by ECRI of the site or any association with its owners. Such Linked Sites are not under the control of ECRI and ECRI is not responsible for the contents of any Linked Site.

Passwords and account security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You agree that you will be solely responsible to ECRI for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify ECRI immediately at Helpdesk@ecri.org.

Use of bulletin boards, blogs, and other communications

The ECRI website may contain bulletin board services (such as BiomedTalk), chat areas, blogs, news groups, forums, twitters, and other communication methods (collectively, "Communication Services") that enable you to communicate with the public at large or with a group. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Advertise or offer to sell or buy any goods or services for any business purpose
  • Conduct or forward surveys, contests, pyramid schemes or chain letters
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
  • Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent
  • Violate any applicable laws or regulations

ECRI has no obligation to monitor the Communication Services. However, ECRI reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ECRI does not control or endorse the content, messages or information found in any Communication Service and, therefore, ECRI specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. ECRI Members are not authorized ECRI spokespersons, and their views do not necessarily reflect those of ECRI.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Submissions to ECRI or posted to any ECRI website

ECRI does not claim ownership of the materials you provide to ECRI or post, upload, or submit to any ECRI website (collectively "Submissions"). However, by posting, uploading, providing or submitting your Submission you are granting ECRI and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission. Certain ECRI membership programs including but not limited to the ECRI PSO membership, collect confidential information that is not posted or submitted for the general public and disclosures are governed by terms and conditions contained in a separate agreement with ECRI.

No compensation will be paid with respect to the use of your Submission, as provided herein. ECRI is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ECRI sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Disclaimer

ECRI makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the ECRI website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. ECRI disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. Advice received via the ECRI website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice that pertains to your situation.

To the maximum extent permitted by applicable law, in no event shall ECRI be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the ECRI Institute website, with the delay or inability to use the ECRI Institute website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the ECRI website, or otherwise arising out of the use of the ECRI Institute website, whether based on contract, tort, negligence, strict liability or otherwise, even if ECRI has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the ECRI website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the ECRI website.

Termination/access restriction

ECRI reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the ECRI website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in the Commonwealth of Pennsylvania in all disputes arising out of or relating to the use of the ECRI website. Use of the ECRI website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Perpetuity rights

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ECRI have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.

Copyright and trademark notices

All contents of the ECRI Website are: Copyright 2020 by ECRI and/or its suppliers. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Notices and procedure for making claims of copyright infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Service Contact. All inquiries not submitted according to this procedure will receive no response.

General Legal Terms

The Terms constitute the whole legal agreement between you and ECRI and govern your use of the Services (but excluding any services which ECRI may provide to you under a separate written agreement), and completely replace any prior agreements between you and ECRI in relation to the Services.

You agree that ECRI may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

You agree that if ECRI does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ECRI has the benefit of under any applicable law), this will not be taken to be a formal waiver of ECRI's rights and that those rights or remedies will still be available t