PAYING FOR CURES TOOLKIT

Terms and conditions

PLEASE READ THESE TERMS OF USE BEFORE USING THIS WEBSITE.

Acceptance of the Terms of Use

Welcome to the website of the Financing and reimbursement of Cures in the US (“FoCUS”) Project, a part of the New Drug Development Paradigms Initiative (“NEWDIGS”) at the Tufts Medical Center (the “Site”). These Terms of Use govern your use of this Site and the materials found on the Site. Please read these Terms of Use carefully before you start to use the Site. By using the Site, you hereby accept these Terms of Use. If you do not agree to these Terms of Use, you should not visit the Site.

Changes to the Terms of Use

Tufts Medical Center reserves the right to change these Terms of Use at any time in its sole discretion by posting revisions on the Site. Such revisions will be effective immediately upon posting them to the Site. Your use of the Site after such changes have been posted shall constitute your acceptance of the revised Terms of Use.

Accessing this Site

  1. By using this Site, you represent and warrant that you are 13 years or older. If you are under the age of 13 years, you agree not to visit the Site.
  2. Tufts Medical Center reserves the right to change or update the Site, and any information, service, tool, model, material, features and functionality (including but not limited to all software, text, displays, downloadable spreadsheets, images, video and audio, and the design, selection and arrangement thereof) or other content we provide on the Site (collectively, “Content”), in our sole discretion and without notice. However, Tufts Medical Center is under no obligation to update or correct any Content.
  3. Tufts Medical Center will not be responsible or liable if for any reason all or any part of the Site is unavailable at any time or for any period. Tufts Medical Center may suspend access to the entire Site, or some parts of the Site, or close it indefinitely, in Tufts Medical Center's discretion.
  4. You are responsible for making all arrangements necessary for you to have access to the Site.
  5. You are responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms of Use, and that they comply with them.

Prohibited Uses

  1. You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site or the Content:
    1. For commercial purposes, including that you may not reproduce, sell or exploit for any commercial purposes any part of the Site, access to the Site, use of the Site or any Content available through the Site;
    2. In any way that violates any applicable federal, state, local and international law or regulation; and
    3. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Tufts Medical Center, may harm Tufts Medical Center or users of the Site or expose them to liability (for example, in a manner that that could disable, overburden, damage, or impair the Site).
  2. Additionally, you agree not to:
    1. Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including to monitor or impermissibly copy any of the material on the Site;
    2. Use any manual process to monitor or impermissibly copy any of the material on the Site or for any other unauthorized purpose without the prior written consent of Tufts Medical Center;
    3. Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
    4. Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site, the server on which any part of the Site is stored or any server, computer or database connected to the Site;
    5. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
    6. Access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces provided by Tufts Medical Center; or
    7. Otherwise attempt to interfere with the proper working of the Site.

Intellectual Property Rights

  1. The Site and all Content and all intellectual property rights therein are owned by Tufts Medical Center, its licensors or other providers. You must not use the name “Tufts Medical Center” or any variation, adaptation, or abbreviation thereof, or of any of Tufts Medical Center’s trustees, officers, faculty, students, employees, or agents, or any trademark owned by Tufts Medical Center (which includes the Tufts Medical Center logos) without the prior written permission of Tufts Medical Center. All other trademarks appearing on the Site are the property of their respective owners.
  2. Some of the Content on the Site is not available for downloading, such as our copyrighted works that we do not distribute or works of others that we are not permitted to distribute. Selected content may be downloaded by you pursuant to these Terms of Use (“Available Content”) where expressly indicated. Users are granted a limited, revocable, nonexclusive, nontransferable license to use Available Content conditioned on your continued compliance with these Terms of Use. YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE AND USE THE AVAILABLE CONTENT SOLELY FOR THE PURPOSE OF GENERAL INFORMATION GATHERING AND/OR RESEARCH PURPOSES , PROVIDED THAT YOU PROPERLY ATTRIBUTE SUCH CONTENT TO TUFTS MEDICAL CENTER. FOR THE SAKE OF CLARITY, PROPER ATTRIBUTION INCLUDES THE REPRODUCTION OF ALL COPYRIGHT NOTICES. YOU MAY NOT SELL THE AVAILABLE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. YOU WILL NOT USE OR DISCLOSE THE AVAILABLE CONTENT TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS OF USE. ANY PERMISSION TO USE AVAILABLE CONTENT IS REVOCABLE BY TUFTS MEDICAL CENTER AT ITS SOLE DISCRETION AT ANY TIME UPON NOTICE FROM TUFTS MEDICAL CENTER.
  3. If and to the extent you provide any feedback, suggestions, recommendations, analysis or other information or data to Tufts Medical Center in connection with your use of the Site or the Content (“Feedback”), you hereby permit Tufts Medical Center to use, reproduce, disclose, distribute, modify, and prepare derivative works of such Feedback for any purpose whatsoever in perpetuity.
  4. You must not:
    1. Modify copies of any Content, except as expressly authorized by Tufts Medical Center on the Site;
    2. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
    3. Delete or alter any copyright, trademark or other proprietary rights notices from any Content.
  5. No right, title or interest in or to the Site or any Content is transferred to you, and all rights not expressly granted are reserved by Tufts Medical Center. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Disclaimer of Warranties

  1. The Site and the Content is made available solely for general informational purposes. THE SITE, THE CONTENT AND ANY INFORMATION OBTAINED THROUGH USE OF THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TUFTS MEDICAL CENTER MAKES NO WARRANTY THAT: (a) THE SITE OR THE CONTENT IS ACCURATE, COMPLETE, USEFUL FOR A PARTICULAR PURPOSE OR UP-TO-DATE OR (b) THAT THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR CONTENT WILL BE ACCURATE, RELIABLE OR OTHEREWISE MEET YOUR NEEDS OR EXPECTATIONS. YOUR USE OF, AND RELIANCE ON, THE SITE, THE CONTENT, AND/OR ANY INFORMATION BASED UPON USE OF THE CONTENT IS STRICTLY AT YOUR OWN RISK. Tufts Medical Center shall not be responsible or liable for your use of the Site, the Content, and/or any information based upon your use of the Content. This Site and the Content are not a substitute for your or your entity’s own decision-making.
  1. Tufts Medical Center does not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. NEITHER TUFTS MEDICAL CENTER NOR ANY PERSON ASSOCIATED WITH TUFTS MEDICAL CENTER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE SITE AND THE CONTENT. TUFTS MEDICAL CENTER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, THE CONTENT, YOUR DOWNLOADING OF ANY AVAILABLE CONTENT, OR YOUR USE OF ANY WEBSITE LINKED TO THE SITE.
  2. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

  1. IN NO EVENT WILL TUFTS MEDICAL CENTER, ITSTRUSTEES, DIRECTORS, OFFICERS, FACULTY, STUDENTS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS, HEIRS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, THE CONTENT, ANY WEBSITES LINKED TO THE SITE OR CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SUCH THIRD PARTY WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHICH MAY INCLUDE  BUT NOT BE LIMITED TO, PERSONAL INJURY, LOST PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.
  2. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

To the fullest extent permitted by law, you shall indemnify Tufts Medical Center and all of its trustees, directors, officers, faculty, students, employees, agents, affiliates and their respective successors, heirs and assigns (collectively, the “Indemnified Parties”) from and against any and all losses and liabilities, including, without limitation, reasonable attorneys’ fees incurred by the Indemnified Parties in connection with any claim arising from or related to your breach of these Terms of Use, your use of the Site and the Content and your use of any information obtained through use of the Site and Content. You shall cooperate as fully as reasonably required in the defense of any such claim.

Monitoring and Enforcement

Tufts Medical Center has the right to: (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site and (b) terminate your access to all or part of the Site for any or no reason, including without limitation any violation of these Terms of Use.

Site Assistance

You understand that Tufts Medical Center does not provide customer assistance or technical support for use of the Site. You may contact us concerning technical problems but Tufts Medical Center is under no obligation to fix or correct any technical issue.

Links from the Site

If the Site contains links to other websites and resources provided by or hosted by third parties, these links are provided for your convenience only. Tufts Medical Center has no control over the contents of those websites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The Site is operated by Tufts Medical Center from Boston, Massachusetts in the United States of America. Content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Tufts Medical Center to any registration or other requirement within such jurisdiction or country. Tufts Medical Center reserves the right to limit access or availability of the Site to any person, geographic region or jurisdiction.

Dispute Resolution By Arbitration

The parties shall settle any dispute arising out of or relating to these Terms of Use or your use of the Site by arbitration in the city of Boston, Massachusetts, USA, in accordance with the applicable rules of the American Arbitration Association then in effect. The arbitrator’s award shall be final and may be confirmed by the judgment of a state or federal court in the city of Boston, Massachusetts.

Governing Law

These Terms of Use and all disputes or controversies arising out of or relating to these Terms of Use and your use of the Site and the Content shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts without regard to conflicts of law provisions that would require the laws of another jurisdiction to apply.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of these Terms of Use by Tufts Medical Center shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Tufts Medical Center to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Comments and Concerns

  1. The Site is operated by the FoCUS Project within NEWDIGS at Tufts Medical Center.  All technical issues or questions may be directed to tuftsmcnewdigs@tuftsmedicalcenter.org, provided that Tufts Medical Center is under no obligation to respond to your email or make any requested fix.
  2. ​All other feedback and comments concerning the Site and the Content, or other general inquiries related to NEWDIGS or FoCUS should be directed to tuftsmcnewdigs@tuftsmedicalcenter.org.

Thank you for visiting our Site.