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

P.O. Box 47, Waban, MA 02468

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”) (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.

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 Video Library for use with patients.  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.

Cookie Policy

This Website uses cookies which are bits of stored or cached data on your computer based on Internet activity in order to improve your user experience and the overall quality of our services. By using or accessing this Website, you consent to all of the provisions of these Terms of Use, including to Nous Foundation’s use of cookies in accordance with the terms of its Privacy Policy. If you do not accept these Terms of Use or any part of these Terms of Use, do not use this Site.

Not Medical Advice

All of the content contained in and provided through this Site 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

When you register to use the Website, you will be asked for information such as your name, email address, title, the type of organization that you are associated with.  The mobile applications (ACP Tools for iOS and Android) 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.

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.

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.

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.

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.

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 ACP Decisions (a d/b/a of Nous Foundation) directly at legal@acpdecisions.org or PO Box 47, Waban, MA 02468.