Unless otherwise expressly stated in writing, these Terms shall apply to any new features, services or resources that may be added to this web site located at the URL www.hendrenproject.org and related URLs ("Site").
1. The Hendren Project Does Not Provide Professional Medical Advice. This Site does not provide professional medical advice, diagnosis, or treatment. Please consult your physician or other qualified health provider regarding any medical condition. Please do not disregard or delay in seeking professional medical advice because of the information you have obtained through the Site.
2. Site Information And Links. Information on or accessed through this Site may be transmitted through media that are beyond the control of the The Hendren Project, and its affiliates. Accordingly, The Hendren Project is not liable for the failure, delay, interruption or corruption of any information transmission. All files, information, data, text, video, graphics, music, sound, software, photographs, messages and other materials (collectively, "Material") uploaded, posted, e-mailed or otherwise transmitted via or to the Site ("Site Material") are the sole responsibility of the person from which such Material originated. The Hendren Project does not control, and is not responsible in any way for, including, without limitation, the accuracy, integrity or quality of any information, errors or omissions contained therein, or any loss or damage of any kind arising from the use of the Site. The Hendren Project makes no representations whatsoever about any third party Web sites, resources or services that are linked to the Site (collectively, "Third Party Sites"). Third Party Sites are independent from and not operated by The Hendren Project, and The Hendren Project has no control over the Material or content of those Third Party Sites. The The Hendren Project does not endorse or accept any responsibility for the Material, or the use or nonuse of Third Party Sites. For your own protection, please carefully review the policies of Third Party Sites before you use such sites.
3. License To You. The Hendren Project grants you a personal, limited, non-transferable, non-exclusive right and license to view, print or download a single copy of the Site Material solely for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices. You agree not to (and agree not to allow any third party to) modify, copy, reproduce, broadcast, republish, sell, resell, exploit, create derivative works of or distribute in any way any portion of the Site Material. You also agree to comply with all applicable laws, rules and regulations regarding online conduct and information transmission. The Hendren Project retains the title to all Site Material.
4. License To The Hendren Project. By posting, uploading, e-mailing or otherwise transmitting Material via or to the Site or engaging in any other form of communication through the Site, you certify that you have the right to grant, and hereby grant, The Hendren Project and its affiliates a royalty-free, perpetual, non-exclusive, unrestricted, worldwide, irrevocable, sublicensable right and license to: Use, copy, edit, modify, adapt, publish, translate, create derivative works from, transmit, retransmit, distribute, perform, or display in any manner any Material (or any portion thereof) that you post, upload, e-mail or otherwise transmit via or to the Site; and use your name and likeness in connection with such Material or communications, and related advertising, marketing, and promotional material.
You agree that you shall have no recourse against The Hendren Project or against the Foundation for any alleged or actual infringement or misappropriation of any proprietary right in such Material or communications. The foregoing grants shall include the right of The Hendren Project to exploit any proprietary rights in such Material or communications, including, but not limited to rights under copyright, trademark, service mark, patent laws or the law of any relevant jurisdiction. You warrant that you own any such Material or communications (including all copyright and other intellectual property rights in the foregoing and in any works embodied therein) free and clear of any and all third party interests and claims or that you otherwise have all licenses or consents necessary to provide such Material to The Hendren Project on the terms stated herein.
5. Communication Service. The Site may include e-mail services, chat rooms, discussion forums, or other means of messaging or communication (collectively, "Communication Service"), which may allow feedback to The Hendren Projecte and real-time interaction between users. The Hendren Project does not control the messages, information or files delivered to the Communication Service. You agree not to use the Communication Service or this Site to:
Restrict or inhibit any other user from using and enjoying the Communication Service.
Post or transmit any Material that is unlawful, harmful, threatening, abusive, harassing, tortious, libelous, defamatory, obscene, vulgar, pornographic, profane, hateful, indecent or racially, ethnically or otherwise objectionable, including, without limitation any postings or transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or regulation.
Post or transmit any Material that you do not have the right to transmit under any law or contractual or fiduciary relationship, violates or infringes upon the rights of others, is invasive of another's privacy or publicity rights, or is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
Post or transmit any Material that contains viruses or other harmful components, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or communications equipment.
Post, transmit or in any way exploit any Material for commercial purposes.
Post or transmit unsolicited or unauthorized "junk mail," "spam," "chain letters" or "pyramid schemes."
Harm minor children in any way.
Impersonate any person, entity or forge headers or manipulate identifiers to disguise the origin of any Material.
Interfere with or disrupt the Site, servers or networks connected thereto.
You understand that The Hendren Project has no obligation to, and does not, monitor the Communication Service. However, The Hendren Project reserves the right at all times, in its sole discretion, to (a) disclose any Material posted by you or any other user as necessary or desirable to satisfy any law, regulation or governmental or court request, enforce these Terms, respond to claims that any such Material violates third party rights, or protect the rights, property or personal safety of The Hendren Project, its users and the public, and (b) edit, refuse to post or to remove any such Material, in whole or in part. In consideration of your use of the Site (including Communication Service), you agree to waive any right you may otherwise have to take action against The Hendren Project or its directors, officers employees, or affiliates arising from anything you may see or hear through use of the Site.
6. Access To The Hendren Project. The Hendren Project is not responsible or liable for your Website password, information, or the use or nonuse of it. It is your sole responsibility to control, authorize and monitor the password and access to The Hendren Project and to your profile information. You grant The Hendren Project and its agents the right to store, monitor, transmit, retrieve and use your profile information in connection with the Site operation.
7. Medical Products. Third parties may offer medical products through the Site. The Hendren Project does not control or endorse any such medical products, and is not responsible or liable for them in anyway. You are solely responsible for evaluating the quality and usefulness of such medical products.
9. User Representation. You warrant that you are at least 18 years old and possess the legal right and ability to agree to the Terms.
10. Disclaimer Of Warranties. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. THE SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, (B) ANY WARRANTIES OF COMPLIANCE WITH GOVERNMENT REGULATIONS ON PRESCRIPTION DRUGS, AND (C) ANY WARRANTIES THAT MATERIAL, PRODUCTS AND SERVICES OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE, THAT ANY OF THE FOREGOING IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, THAT DEFECTS IN ANY OF THE FOREGOING WILL BE CORRECTED, THAT RESULTS OBTAINED FROM USE OF THE FOREGOING WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY MATERIAL, PRODUCTS, OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. THE HENDREN PROJECT SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE W. H. HENDREN EDUCATION FOUNDATION FOR PEDIATRIC SURGERY AND UROLOGY OR THROUGH THE HENDREN PROJECT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU UNDERSTAND FURTHER THAT BY USING THE SITE, YOU MAY BE EXPOSED TO MATERIAL THAT IS VIOLENT, SEXUALLY EXPLICIT, OR OTHERWISE OFFENSIVE. YOU ACCESS SUCH MATERIAL SOLELY AT YOUR OWN RISK.
11. Limitation Of Liability. IN NO EVENT WILL THE HENDREN PROJECT, THE W. H. HENDREN EDUCATION FOUNDATION FOR PEDIATRIC SURGERY AND UROLOGY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY UNDER THESE TERMS FOR ANY (A) SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, (B) LOSS OF PROFITS OR BUSINESS, INTERRUPTION OF BUSINESS, LOST OR CORRUPTED DATA, PROGRAMS OR INFORMATION, AND THE LIKE, (C) COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE, MATERIAL, GOODS OR SERVICES, OR (D) CLAIMS ATTRIBUTABLE TO INTERRUPTIONS, DELAYS, ERRORS, OMISSIONS OR OTHER INACCURACIES OF THE SITE AND/OR MATERIAL DOWNLOADED THROUGH THE SITE; EVEN IF THE HENDREN PROJECT OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE, THE HENDREN PROJECT DOES NOT LIMIT OR EXCLUDE ANY LIABILITY THE LIMITATION OR EXCLUSION OF WHICH IS PROHIBITED BY LAW. IN SUCH CASES, LIABILITY OF THE HENDREN PROJECT IS LIMITED TO THE LEAST EXTENT REQUIRED BY LAW.
12. Indemnification. You agree to defend, indemnify and hold harmless The Hendren Project, its parents, affiliates, licensors, licensees and their respective directors, officers, employees, and agents from and against all liabilities, claims, damages, and expenses, including attorneys' fees, in connection with your use of the Site, any Material you post, upload, e-mail or otherwise transmit via or to the Site, or your violation or alleged violation of the Terms.
13. Termination. You agree that The Hendren Project has the right at any time, in its sole discretion, with or without notice to you, to (a) modify or discontinue, temporarily or permanently, the Site (or any part thereof), (b) deactivate or delete any of your passwords and accounts, and all related information and files in your accounts and/or bar any further access to such information and files, (c) remove any Material posted or uploaded by you, (d) terminate your right to access the Site, and (e) terminate this agreement. You agree that The Hendren Project shall not be liable to you or any third party for any of the foregoing. Except Section 3, all other Sections of the Terms shall survive the termination of this agreement.
14. Third Party Rights. The provisions of these Terms are for the benefit of The Hendren Project and its officers, directors, employees, agents, licensors, licensees, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
15. Designated Agent. Pursuant to the United States Digital Millennium Copyright Act, The Hendren Project's designated agent for notice of alleged copyright infringement on this Site is:
Gary Kearney, MD
c/o The Hendren Project
319 Longwood Avenue
Boston, MA 02115
16. Miscellaneous. These Terms constitute the entire agreement between you and The Hendren Project governing the use of the Site. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions. Any failure by The Hendren Project to enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the United States without regard to the conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. For any dispute in connection with the use of the Site, you expressly agree to submit to the personal and exclusive jurisdiction of the courts in Duxbury, Massachusetts.
Thank you for visiting us. We hope that our Site is helpful and easy to use. To better serve you, please direct any questions or comments about this Site to firstname.lastname@example.org. We are eager to hear from you!
Last Updated: April 5, 2021