ACP Decisions (a DBA of Nous Foundation, Inc.)

Terms of Use

By using or accessing www.acpdecisions.org, www.acpdecisions.com or myacpdecisions.org (“My ACP Decisions”) or the Mobile Applications (“ACP Tools for iOS and Android”) and the content thereon, including the end of life care video library (the “Video Library”) (all collectively referred to collectively as the “Website” or “Site”), you are acknowledging that you have read and understood these Terms of Use and agree to be legally bound by these Terms of Use.

These Terms of Use create a legal agreement between you and Nous Foundation with respect to the use of the Website (located at www.acpdecisions.org, www.acpdecisions.com and myacpdecisions.org) which is a site operated from the United States of America. This agreement does not create any third party beneficiary rights. This online Privacy Policy applies only to this Website.

This Website contains links to other websites. Nous Foundation does not make any guarantee, warranty, or representation regarding the accuracy of the information contain in those linked websites. In addition, Nous Foundation does not control the privacy or security practices of those websites.  Please be aware that these Terms of Use do not apply to those websites. Please read the Privacy Policy on any other websites before providing them with personal information.

Www.acpdecisions.org, www.acpdecisions.com, myacpdecisions.org, ACP Tools for iOS and Android, and the Video Library (all collectively referred to collectively as the “Website” or “Site”) may not be used for research purposes, grant applications, grants, studies, research projects, quality improvement projects, any form of publication, or within a defined clinical without the express permission of Nous Foundation. No materials, videos, logos, or images from this Website, ACP Tools for iOS and Android, or the Video Library may be used by any company, organization, agency, or individual without the express permission of Nous Foundation.

You are responsible for compliance with local laws in the event that you access this Site from locations outside of the United States of America. You may not unlawfully export or use information from this Site or act in a manner that is in violation of these Terms of Use.
Clinicians and administrators to whom access to the Website is being granted on a trial basis may use the Website only for the limited purpose of determining whether to purchase a license to the ACP Decisions Video Library.  Such trial basis users may view the Video Library on the Website with other clinicians and administrators who will be involved in the decision-making process, but may not view the Video Content or use the Website with patients or in a clinical setting without purchasing a license to do so.  All of these Terms and Conditions apply to such trial basis users.

Cookies, Beacons & Tracking Policy

This Website uses cookies which are bits of stored or cached data on your computer based on internet activity. They are small data files that online services can store on, and retrieve from, your computer or mobile device through your web browser. The information is stored and retrievable either for the duration of a website visit (known as “session cookies”), or until some later point in time set by the website setting the cookie (known as “persistent cookies”). These cookies can be set by Nous Foundation or by companies that offer third-party products or services that we work with.

This Website works with companies that offer third-party products or services (“Service Providers”) including Google, Typeform and HelpScout which helps us track and analyze visitor activity on our website, measure the effectiveness of our advertising efforts, and support the optimization of our digital marketing campaigns.

For example, we and our Service Providers collect include how often you visit this Website and what you do while on the Website. We and our Service Providers use this information in the aggregate to understand how visitors (as a group) to the Website use different resources and to help us improve the Website. We and our Service Providers also collect information about the activity of individual website users.

Most internet browsers accept cookies by default, but you can modify your browser preferences to block or restrict cookies if you do not want your web browsing activity tracked. There are publicly available tools that can help you manage cookies and similar technologies that collect information related to your use of our website. Please learn more from (i) the FTC or (ii) the Digital Advertising Alliance opt-out page, which allows users to opt out from receiving interest-based advertising.

We are not responsible for the effectiveness or compliance of third party opt-out mechanisms or programs. Please also note that if you delete your cookies or upgrade your browser after having opted out, you will need to opt out again. In addition, if you use different browsers or devices you will need to opt out on each browser or device. You can access the information on this Website without enabling cookies in your browser but disabling cookies may diminish your ability to take advantage of informational content on the Website.

We use web analytics and tag management services and tools provided by Google and other third parties to collect certain information relating to your use of this Website. You can also find out more about how Google uses data when you visit our Website by visiting “How Google uses information from sites or apps that use our services.”

We calculate metrics like page views, conversions, bounce rates, and sessions to understand how our Website is being used. We may also create visitors’ profiles based on browsing history to analyze visitor behavior, show personalized content and run online campaigns.

Our Service Providers may acquire additional information about your activity on our Website, including the pages you visit, the times that you visit, the duration of your visit, how you arrived at our website and your IP address. An IP address is a number that identifies a device connected to the Internet. Our Service Providers may also acquire device identifiers and specific information about the browser you use. In some cases, this information may be unique to you.

Not Medical Advice

All of the content contained in and provided through this Website such as, but not limited to, all text, graphics, logos, photographs, audio and video media, design and structure is for informational purposes and general in nature. You acknowledge and agree that Nous Foundation does not guarantee the accuracy of the content of this Website. Neither this Website nor the content of the Video Library is not intended to be used as a substitute for medical advice and should never be used as a substitute for direct medical discussion and advice between healthcare provider and patient. Nous Foundation does not provide medical recommendations, diagnoses or advice about the course of treatment and does not endorse or recommend any particular procedures, services, tests, or products referred to or information that may be contained in this Website for any patient’s particular circumstances. It is important that patients seek the advice of their healthcare providers for any questions they might have regarding a medical condition, diagnosis, prognosis, or treatment irrespective of any information obtained from this Website. Patients should never disregard or ignore medical advice or delay in seeking it because of anything seen in this Website or the Video Library.

IF THERE IS A MEDICAL EMERGENCY PLEASE CALL A DOCTOR OR 911 RIGHT AWAY.

Privacy Policy

You may use the Website, the Mobile Applications, and the Video Library without providing any personal information, but you may be asked for information such as your name, email address, title, and the type of organization that you are associated with.  If you submit personal information relating to other people, you represent that you have the authority to so and permit us to use this information in accordance with this Privacy Policy.  By submitting personal information, you grant Nous Foundation the right to monitor, transmit, retrieve, store, and use your information in connection with the operation of the Website, the Mobile Applications, and the Video Library.

If you subscribe to our newsletter we collect and store your name, email address, title, and the type of organization that you are associated with. We may also ask for additional information to send you content that is relevant to your interests. If you would like to unsubscribe from our email newsletter please use the “unsubscribe” link at the bottom of our email communications and/or click the unsubscribe” or “manage your email preferences” link in the email that you have received.

Www.acpdecisions.org, www.acpdecisions.com, myacpdecisions.org and the Mobile Applications and Video Library also collect email addresses, username IDs, and estimated locations for the purposes of analytics and improved functionality.  The information that you provide to Nous Foundation helps us develop, deliver and improve our products and services. From time to time we may use your contact information to send notices, to improve our services and content, or for data analysis.

We take precautions to safeguard your information against loss, theft, and misuse and against unauthorized access, disclosure, alteration and destruction. We do not rent, sell or share the information that you provide with other individuals or non-affiliated organizations.

If warranted we will respond to subpoenas, court orders, or the legal process to exercise or establish our legal rights or to defend against legal claims. We will share the information you provided when we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of an individual, or as otherwise required by law.

This policy does not apply to entities that Nous Foundation does not control or own or to individuals that Nous Foundation does not employ or manage.

Protecting Childrens’ Privacy

Www.acpdecisions.org, www.acpdecisions.com, myacpdecisions.org and the Mobile Applications and Video Library are not intended for users under 18 years of age.  No one under age 18 may provide any information to or through this Website. We do not knowingly collect information from users that are under 18.  If you are under 18, do not use or provide any information on or in this Website, including your name, address, email address, telephone number, or any screen name or username that you might have. If we have collected any information from a user under 18 without verification of parental consent, we will delete that information.  If you believe that we might have collected any information from a user that is under 18, please contact us as listed below.

Confidentiality and Security

Nous Foundation limits access to the information that you provide to individuals that we employ and control who we believe reasonably need to have access to that information in order to provide products or services to you or in order to fulfill their job responsibilities. We have physical, electronic and procedural safeguards in order to protect information about you. We use a secure firewall and Secure Sockets Layer (SSL) technology to protect the integrity and privacy of information submitted to www.acpdecisions.org and www.acpdecisions.com.

Although we work tirelessly to protect your personal information, Nous Foundation cannot guarantee the security of any information you transmit to us through the Website, and you do so at your own risk. Depending on the nature of the inquiry, your communication could be discarded or archived. If you wish, you can contact us instead by telephone at the number provided throughout the Website.

Nous Foundation would never request your password, user name, credit card information or other personal information through email. If you receive any email that looks like it is from Nous Foundation that asks for your personal information, do not respond as this is likely a scam or “Phishing” email.

Use of Website & Content

Unless otherwise stated, Nous Foundation or its licensor owns the intellectual property rights in the Website and content on the Website, including the Video Library (the “Proprietary Materials”), per Title 17 of the United States Code.  All of these intellectual property rights are reserved. All right, title and interest in and to the Proprietary Materials, including but not limited to trademarks and service marks, remain with Nous Foundation or its licensor. You may view and print pages from the Website subject to the restrictions set forth below and elsewhere in these Terms of Use. You acknowledge that the Proprietary Materials, including without limitation, all text, graphics, logos, photographs, audio and video media, design and structure are protected by copyright and intellectual property laws. You may not copy, modify, create derivative works of, publicly display or perform, republish, download of store, or transit any Proprietary Materials without prior written consent of Nous Foundation

If you wish to use any of the Proprietary Materials from the Website for research purposes, including but not limited to, grant applications, grants, research projects, or quality improvement projects with the intent of publication, you must first contact Nous Foundation to discuss the intended use and seek approval. The Proprietary Materials cannot be used within a defined clinical program or for research purposes, including but not limited to, quality improvement projects, grants, studies, or any form of publication without express permission.

Unless otherwise agreed by Nous Foundation, you must not: use the Website or Video Library for any commercial or illegal purpose, republish material from the Website (including republication on another Website); sell, rent use, lease, distribute, publish, broadcast, license, or sublicense or otherwise assign any right to material from this Website or the Video Library, or modify, translate, publicly display, adapt, edit, reproduce, duplicate, copy, create derivative works from or otherwise exploit material on this Website or the Video Library for commercial purposes; remove any proprietary notices or labels on the Website or Video Library; attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Website or Video Library; edit or modify any material on the Website or Video Library, or redistribute material from the Website or Video Library except for content specifically made available for redistribution; allow access to the Website or Video Library by any person not specifically authorized to have access; provide, disclose, divulge or make available to, or permit use of the Website or Video Library by any third party without Nous Foundation’s prior written consent; violate any applicable laws, including all US export laws and regulations, in connection with the Website or the Video Library.

You agree that in the event of unauthorized use of the Website or Video Library, Nous Foundation may seek to avail itself of its legal rights including via an injunction.

Acceptable Use

You cannot use this Website in any way that causes or may cause damage to the Website or impairment of the accessibility or availability of the Website. You must not use this Website in any manner that is unlawful, illegal, fraudulent or harmful. You cannot use this Website to store, host, transmit, copy, send, distribute, or publish any material linked to spyware, computer viruses or any malicious computer software. You may not circumvent or disable any security measure or access or use the source code that is used to operate this Website by any means.  Nous Foundation electronically monitors compliance with this Agreement, and reserves the right in its sole discretion to change and or cancel an individual’s user name and password or to disable an IP address without notice in the event of use that in any way causes or may cause damage to the Website, including but not limited to, multiple concurrent logins or excessive traffic volumes.

Restricted Access

Nous Foundation reserves the right to restrict access to areas of this Website. If you are provided with a user name and password you must ensure that the password is kept confidential. You must immediately notify Nous Foundation at legal@acpdecisions.org if you become aware of any unauthorized use of your user name or password. You must not use another person’s user ID and password to access the Website unless you have such person’s express permission to do so. Nous Foundation reserves the right to disable your user name and password at any time in its sole discretion with or without notice. Nous Foundation also reserves the right to add or create new limits to its services at any time.

Warranty & Disclaimer of Liability

Nous Foundation does not warrant uninterrupted availability of this website. You acknowledge that telecommunications and computer systems are not fault-free and that scheduled maintenance times and periods of downtime may occur. Nous Foundation does not guarantee that this Website will be timely, or error-free or that data loss may not occur. Nous Foundation makes no representation, and assumes no liability for the proper use of the Video Library by authorized providers or others. To the extent permitted by law, Nous Foundation DISCLAIMS ALL WARRANTIES FOR THIS WEBSITE AND ITS CONTENT AND THE VIDEO LIBRARY, EITHER EXPRESS OR IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, for MERCHANTABILITY AND FITNESS, NON-INFRINGEMENT, TITLE AND FITNESS, AND WORKMANLIKE EFFORT. You acknowledge that this Website and its content and the Video Library are provided for convenience and acknowledge and agree that Nous Foundation does not guarantee accuracy.

In no event will Nous Foundation be liable to you in connection with your use of this Website or the Video Library, including for decisions made in connection with material viewed on this site or for loss of user data, or for any indirect, special, incidental, or consequential damages, even if Nous Foundation had been advised of the possibility of such loss or damage. You understand and agree that you are solely responsible for all computers, software and communication equipment within your control and that Nous Foundation shall have no responsibility for such items or for computers, software or communication equipment not within the direct control of Nous Foundation or the direct control of Nous Foundation’s independent hosting servers.

This Website and its content and the Video Library are provided on an “AS IS” basis. Nous Foundation does not warrant (and you should not assume) that they are up to date or complete on any topic. Nous Foundation and its affiliates make no representations or warranties about the reliability, completeness, timeliness, or accuracy of the Website, its content or the Video Library.

YOUR SOLE REMEDY AGAINST NOUS FOUNDATION FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Users in the European Economic Area (EEA) & Switzerland

EEA or Switzerland residents are entitled to the rights under Chapter III of the EU General Data Protection Regulation or Section 2 of the Swiss Federal Act on Data Protection with respect to the processing of personal data, which includes the right to access, rectify and request erasure of personal data. Please contact us directly at legal@acpdecisions.org with your request. In order to verify your identity, we may require you to provide us with personal information prior to accessing any records containing information about you.

California Resident Users

Nous Foundation, Inc., is a non-profit organization based in and operated from the Commonwealth of Massachusetts, and as such, is not for profit exempted from the California Privacy Act (CCPA).

California’s “Shine the Light” Law (Civil Code Section 1798.83) permits California residents who provide information to this Website to request certain information regarding our disclosure of this data to third parties for their own direct marketing purposes. If applicable, this information would include the names and addresses of the businesses that we shared your information with for the immediately prior calendar year. You may request this information from us once every calendar year.

To make such a request, please contact us as listed below. We will provide you with a list of the categories of information that we have collected or disclosed about you within the relevant timeframe.

Nous Foundation does not sell your information. You may opt out of the sharing of your information by contacting us as listed below.

Changes to Policy

Nous Foundation may update these Terms of Use periodically and you agree to review these Terms of Use as posted on the site every time you access or use the Website. All changes will become effective immediately upon posting to this Website. Notice of modifications to these Terms of Use will be posted to this page. If you have any questions about these Terms of Use or concerns about how we collection information, please contact us as listed below.

Third-Party Vendors

This Website works with reputable third-party vendors that help us manage this website. Nous Foundation shares information with these third-party vendors in order to provide these services.

Choice of Law & Severability

The laws of the Commonwealth of Massachusetts will apply to any disputes arising out of relating to this Website or any dispute including a claim involving Nous Foundation or its employees, contractors, officers, directors, or affiliates or to these Terms of Use. All claims arising out of or relating to these Terms of Use will be litigated exclusively in the state or federal courts of the Commonwealth of Massachusetts and you consent to personal jurisdiction in those courts.

If any part of these Terms of Use are found to be invalid, the invalidity of such provision(s) will not affect the validity of the remaining provisions of these Terms of Use.

Indemnification

You agree to defend (with counsel reasonably satisfactory to Nous Foundation), indemnify and hold Nous Foundation and its employees, agents, officers, directors, and affiliates harmless from and against any liabilities, losses, judgments, awards or costs (including reasonable legal and accounting fees and expenses) claims, actions or demands, resulting from or alleged to result from your violation of these Terms of Use.

Termination

If you violate these Terms of Use your license to view the Site will terminate immediately. In addition, Nous Foundation may avail itself of additional legal remedies and will not be liable to you or any third party for any such termination.

DMCA

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send Nous Foundation a notice requesting that the material be removed, or access to it blocked. Notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, Nous Foundation has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows: Agent: Executive Director, Address: P.O. Box 47, Waban MA, 02468. E-mail: legal@acpdecisions.org. Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. Nous Foundation suggests that you consult your legal advisor before filing a notice or counter-notice.

Questions & Suggestions

If you have any questions please contact Nous Foundation directly at legal@acpdecisions.org or PO Box 47, Waban, MA 02468.

Last Revised October 10, 2023