“You” (the individual accepting this Agreement, defined below, also referenced as “Licensee”) agree to access and use The Hendren Project (defined below) on the terms of this License Agreement between Licensee and the W. H. Hendren Education Foundation for Pediatric Surgery and Urology (“Foundation”). In order to access and use The Hendren Project, You must indicate agreement with the following terms and conditions by clicking “I ACCEPT” at the end of this Agreement. If You do not agree to these terms and conditions, do not click “I accept” and You will not be permitted to access or use The Hendren Project.
“You” or “Licensee” means the individual user of The Hendren Project who is agreeing to and accepting the terms of the Agreement.
“The Hendren Project” means the website located at http://www.hendrenproject.org.
Licensee’s Warrantee of Purpose of Access. Licensee warrants that he/she is a medical professional accessing The Hendren Project for the sole purposes of medical education and training.
License to The Hendren Project
License Grant. Subject to the terms and conditions set forth in this Agreement, the Foundation hereby grants to Licensee a non-exclusive, nontransferable license, during the term of this Agreement, to permit Licensee to access and use The Hendren Project solely for medical education and training.
No Sublicenses. Licensee will not sublicense or transfer in any other manner the right to use or access The Hendren Project or any content therein or any of its rights under this Agreement.
Ownership of Intellectual Property Rights. Except for the licenses expressly granted in this Agreement, nothing in this Agreement shall be construed to confer any ownership interest, license or other rights upon Licensee by implication, estoppel or otherwise.
Nondisclosure and Protection of The Hendren Project Content. Licensee agrees that, except as explicitly set forth in Section 3.1, Licensee will have no right to disclose, copy, adapt, modify, make any derivative works of, distribute or otherwise make available the WWHF Website or any content therein, or other works derivative thereof. Any other use requires the explicit written permission of the Foundation, which may be contacted with any requests for such permission. Licensee agrees to respect and not to remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on The Hendren Project.
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 Foundation 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.
Limitation of Liability. In no event will The Hendren Project, the Foundation, 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.
Indemnification. You agree to defend, indemnify, and hold harmless the Foundation, 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 Hendren Project and its contents, any material you post, upload, e-mail or otherwise transmit via or to The Hendren Project, or your violation or alleged violation of this agreement.
Term and Termination
Term. Grant of this license is provided at the sole discretion of the Foundation, and may be limited or revoked at any time for any cause.
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 Hendren Project (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 WWHF Website, 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.
Effect of Expiration or Termination. Upon expiration or termination of this Agreement for any reason, all of the Foundation’s obligations and all of Licensee’s rights with respect to this Agreement will cease and terminate.
Survival. Sections 3.0, 6.0, 7.0, 8.0, 9.0, 10.3, 10.4, and 11.0 will survive the expiration or earlier termination of this Agreement.
Miscellaneous. These Terms constitute the entire agreement between you and The Hendren Project governing the use of The Hendren Project. 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.
Reservation of Rights. The Foundation reserve the right to change the terms and provisions of this Agreement at any point in time. In such event, the Foundation shall notify Licensee of the changes to the terms of the Agreement in a timely manner. At such time Licensee shall have the opportunity to review the new Agreement and click to accept the new terms.
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.
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:
W.H. Hendren Education Foundation for Pediatric Surgery and Urology
P.O. Box 371
Duxbury, MA 02331
By my using this website, I warrant that I have read and understood the foregoing terms and that I understand that my use of The Hendren Project is subject to the terms of this Agreement.
Last Updated: April 5, 2017