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The LIBRE GO application (the “Application”) is an application that contains the LIBRE Profile, which is a survey instrument designed to measure and assess community participation and other rehabilitation outcomes in persons with burn injuries that was developed by the Trustees of Boston University, a Massachusetts nonprofit corporation located at One Silber Way, Boston, MA, 02215 (“BU”), The General Hospital Corporation d/b/a Massachusetts General Hospital, a Massachusetts nonprofit Corporation located at 55 Fruit Street, Boston, MA 02114 (“MGH”), Spaulding Rehabilitation Hospital, a Massachusetts nonprofit Corporation located at 300 First Ave., Charlestown, MA 02129 (“Spaulding”) and The Phoenix Society, Inc., d/b/a The Phoenix Society for Burn Survivors, Inc., a Pennsylvania not for profit corporation located at 6026 Kalamazoo Ave, SE, #221, Kentwood, MI 49508 (“Phoenix”).
The Application measures the impact burn injuries have on social participation in order to better understand and improve quality of life. Spaulding is overseeing the Application and offering it to the public under the terms herein.
THE APPLICATION IS NOT A SUBSTITUTE FOR A MEDICAL PROFESSIONAL’S INDEPENDENT PROFESSIONAL MEDICAL JUDGMENT, ADVICE, DIAGNOSIS, OR TREATMENT. You agree that you will not use this Application for emergencies. If you think you have a medical emergency, call your doctor or dial 911 immediately.
By clicking the button below labeled, “I Accept” or by accessing or using the Application, you are indicating your acceptance and agreement to be bound by these Terms of Use (“Terms” or the “Agreement”) and you are confirming that you have read the Application Privacy Policy [HYPERLINK “PRIVACY POLICY”]]. Further, the Application is available by download through the Google Play Store and Apple iOS App Store, each of which have their own terms of use and privacy policies that you must follow. You must comply with applicable third party terms of agreement when using the Application.
Spaulding and you acknowledge that this Agreement is between Spaulding and you, and that BU, MGH and Phoenix are not parties to this Agreement.
If you download the Application on an Android Mobile Device, then the terms and conditions in this section apply.
You will be responsible for any and all fees charged by Google in connection with the use and download of the Application.
Spaulding and you acknowledge that this Agreement is between Spaulding and you, and that Google, Inc. (and any of its subsidiaries) (any of the foregoing, individually or collectively, “Google”) is not a party to this Agreement. By clicking the button below labeled, “I Accept” or by accessing or using the Application, you are indicating your acceptance and agreement to all of the terms and conditions of this Agreement, which incorporates by reference the Google Play Store Terms of Service (currently available at http://play.google.com/intl/en_us/about/play-terms.html). You also agree to comply with Google’s Privacy Policy (currently available at http://www.google.com/privacy.html), as may be amended by Google from time to time), and any other relevant Google policies.
You may contact Spaulding concerning any defects or performance issues in the Application. As between Spaulding and Google, Spaulding is solely responsible, and Google will have no responsibility, for undertaking or handling the support and maintenance of the Application and any complaints about the Application.
If you download the Application on an iOS Mobile Device, then the following terms and conditions in this section apply.
You will be responsible for any and all fees charged by Apple in connection with the use and download of the Application.
You and Spaulding acknowledge that these Terms are an agreement between you and Spaulding, and that Apple Inc. (and any of its subsidiaries) (any of the foregoing, individually or collectively, “Apple”) is not a party to this Agreement. Subject to the disclaimers in these Terms, Spaulding is solely responsible for the Application and the content therein. Apple is in no way responsible for the Application and the content therein. You agree to only use the Application on an iOS Mobile Device as such iOS Mobile Device is permitted to be used by the Usage Rules set forth in the Apple App store Terms of Service (the “Usage Rules”).
The license to use the Application granted in these Terms is limited to a non-transferable license to use the Application on any-Apple-branded products that you own or control and as permitted by the Usage Rules, except that the Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. Spaulding is solely responsible for providing maintenance and support services with respect to the Application to the extent set forth in these Terms and as required by applicable law.
THESE TERMS SET FORTH ALL APPLICATION WARRANTIES, IF ANY. IN THE EVENT OF A FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLY WILL REFUND THE PURCHASE PRICE OF THE APPLICATION TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL SOLELY BE SPAULDING’S RESPONSIBILITY.
Spaulding and you acknowledge that the Spaulding, not Apple, is responsible for addressing any of your claims or claims of third parties relating to the Application or the possession or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with any use by the Application with the HealthKit and HomeKit frameworks.
In the event of a third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Spaulding, not Apple will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property claim, to the extent set forth in these Terms.
If Spaulding updates these Terms, the updated terms will be posted within the “Terms of Use” section of the Application. Your continued use of the Application after such changes become effective constitutes acceptance of the new terms. If you do not agree to such changed terms, or if at any time you no longer wish to otherwise abide by these Terms, you may not access or use the Application. The most current version of these Terms can be accessed at any time by navigating to the “Terms of Use” section of the Application.
Please note that your use of the Application is also subject to the Application Privacy Policy. In addition, individually identifiable information that we collect in connection with your use of the Application through the registration and submission process is considered “Protected Health Information” as defined under the Health Insurance Portability & Accountability Act and related regulations (collectively referred to as “HIPAA”) and is also subject to the Mass General Brigham Notice of Privacy Practices. Certain non-individually identifiable information that we may collect from Application users as described in this Privacy Policy is not considered “Protected Health Information” as defined under HIPAA and is not subject to the Mass General Brigham Notice of Privacy Practices.
In hosting the app for download, Apple or Google (through the App Store or Google Play Store, respectively) may have access to a limited amount of the user’s information, provided directly by the user (including but not limited to name, email, IP address, and the app downloaded). However, neither Apple nor Google collect such information for or on behalf of Spaulding, and it will not be subject to the Mass General Brigham Notice of Privacy Practices or this Privacy Policy. By agreeing to these terms, you acknowledge that information provided to Apple or Google by the user does not constitute protected health information under HIPAA.
Upon your acceptance of and subject to these Terms, Spaulding hereby grants you a limited, non-sublicensable, non-transferrable, non-exclusive, revocable license to access and use the Application solely for end user self-use, Academic Research, and Clinical Practice Improvement on any mobile device that you own or control. “Academic Research” means research undertaken at a non-profit or governmental institution that does not involve the production or manufacture of products for sale or the performance of services for a fee; “Clinical Practice Improvement” means quality improvement projects or research studies undertaken by a clinical faculty, it available for home/personal use by burn survivors.
You agree that you shall use the Application only in accordance with this Agreement and applicable law. This license may not be shared with or transferred or sublicensed to any other party. You represent and warrant that all information provided to Spaulding in connection with the Application and this Agreement, including in the process of registration for the Application, is true, accurate and complete. You acknowledge that Spaulding has no obligation to confirm the truth, accuracy, or completeness of any information you provide in connection with the Application. You are responsible for installing and maintaining all devices and systems necessary to access the Application and for paying all charges related thereto. Spaulding shall not be obligated to provide any maintenance and support with respect to the Application, and, in no event, shall Google or Apple be required to provide any such maintenance and support.
In using the Application, you will have access to confidential information of Spaulding and third parties (“Confidential Information”) that may include software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, functional specifications, technical materials and information, and related documentation.
During the term of this Agreement and thereafter, you agree not to disclose any Confidential Information to any third party except as permitted by this Agreement and by applicable law. Without limiting the foregoing, you agree to undertake all reasonable measures to ensure the privacy and security of all Confidential Information including without limitation: (i) not to access or use any Confidential Information that you have no legitimate authorization to access or use; (ii) not to access the Application, any content or material contained within the Application including but not limited to any Confidential Information for or on behalf of any other individual or any unauthorized third party. You acknowledge and agree that all obligations relating to Confidential Information under this Agreement will continue after termination of this Agreement and termination of access rights hereunder.
Spaulding may terminate this Agreement and/or terminate or suspend your license and access to the Application at any time and for any reason. Spaulding has the right to refuse to provide access to the Application to any person, agency, or organization, or to prohibit any person, agency, or organization from using the Application, at any time and for any reason. Spaulding reserves the right to change, suspend, or discontinue all or part of the Application, temporarily or permanently, and to deactivate any account, without prior notice. Upon such termination, you will cease all use of the Application and will uninstall all copies of the Application.
We respect the intellectual property rights of others and require that our users do the same. If you believe that any content available on the Application constitutes infringement of a work protected by copyright (each, a "Work"), then please notify us as follows:
Mass General Brigham Incorporated (formerly Partners HealthCare System, Inc.)
399 Revolution Drive
Somerville, MA 02145
Attn: William Glen Mitchell, Manager of Security Monitoring
Email: dmca-agent@partners.org
Tel: 857-282-3515
Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA"). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
We have implemented a repeat infringer policy to address instances in which a particular user is subject to multiple DMCA notifications (the "Repeat Infringer Policy"). If we determine that a user has violated our Repeat Infringer Policy, then we may take, in our sole discretion, any number of steps including, but not limited to, issuing warnings to the applicable user, suspending, or terminating that user's account, and any other interim measures that we deem appropriate.
Any and all licenses granted hereunder are subject to: (i) the right of Spaulding, MGH, BU, and Phoenix, and their respective affiliates, and academic, government and not-for-profit institutions to make and to use the subject matter described and/or claimed in the LIBRE Profile for research and educational purposes; and (ii) for rights in the LIBRE Profile supported by federal funding, the rights, conditions and limitations imposed by U.S. law (see 35 U.S.C. § 202 etseq. and regulations pertaining thereto), including, without limitation the royalty-free, non-exclusive license granted to the U.S. government.
Spaulding, MGH, BU, and Phoenix reserve all right, title, and interest, including copyright, in the LIBRE Profile, the Application, and any and all derivates of each (“Derivatives”) and your rights are limited to those expressly granted in this Terms of Use. You shall not transfer, sublicense, make available, or disclose the Application or its contents, in whole or in part, including any portion of the source code or any Derivatives, to any third party. You shall not, and you shall not permit any third party to, modify or create any Derivatives of the Application or its contents.
Nothing in this Terms of Use shall be construed as conferring any right to use the name, logo, or other trademark of BU or MGH or Spaulding or Phoenix or of any trustee, director, officer, staff member, employee, student or agent of BU, MGH, Spaulding or Phoenix or any adaptation thereof in any advertising, promotional or sales literature, publicity or in any document employed to obtain funds or financing without the prior written approval of the Spaulding or the individual whose name is to be used.
You acknowledge and agree that the Application and the Confidential Information is the property of Spaulding, MGH, BU, and Phoenix and are protected by United States and international intellectual property laws, including copyright law, trademark law, and trade secret law, as well as other state, federal and international laws and regulations. Except as expressly provided in this Agreement, Spaulding, MGH, BU, and Phoenix do not grant any rights to you under any patents, copyrights, trademarks, trade secret, or any other intellectual property law. Accordingly, unauthorized use of the Application or the Confidential Information may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights or other laws or regulations. The copying, redistribution, use or publication by you of any part of the Application or the Confidential Information contained therein is strictly prohibited; provided, that you may print, copy electronically, or download information from the Application for personal, non-commercial use only, provided you identify the source of the material and include a statement that the materials are protected by copyright and other intellectual property law.
SPAULDING shall have the right to use and incorporate into the Application any feedback and input provided by you, for any purpose, including the improvement of the Application and other research, educational and patient care purposes.
The Application may contain third party materials and/or links to third-party materials and third-party websites for your information and convenience. Spaulding is not responsible for the availability, accuracy, or content of any of those third-party materials or websites nor does it endorse them. Prior to accessing this information or these third-party websites you may be asked to agree to additional terms and conditions provided by such third parties which govern access to and use of those websites or materials.
THE CONTENT CONTAINED WITHIN THE APPLICATION IS BASED ON CERTAIN PUBLISHED MEDICAL LITERATURE, NATIONAL AND STATE GUIDELINES, AND/OR EXPERT CONSENSUS OR INPUT, WHICH CONTINUES TO EVOLVE. SPAULDING MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES, PROTECTIONS, OR INDEMNITIES REGARDING AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, CURRENTNESS, COMPREHENSIVENESS, CLINICAL RELEVANCE, APPLICABILITY OR EXHAUSTIVENESS OF, OR ANY UPDATES TO, THE CONTENT CONTAINED IN THE APPLICATION. ALL INFORMATION ACCESSED IN OR THROUGH THE APPLICATION IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE, REPLACE OR SERVE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, AND YOU AGREE NOT TO CONSTRUE IT AS SUCH. THE INFORMATION ACCESSED THROUGH THE APPLICATION SHOULD BE REVIEWED, EVALUATED AND ADAPTED AS NEEDED BASED ON A PATIENT’S UNIQUE CIRCUMSTANCES AND OTHER RELEVANT FACTORS BY EACH AUTHORIZED USER IN HIS OR HER INDEPENDENT MEDICAL PROFESSIONAL JUDGMENT.
USE OF THE APPLICATION DOES NOT CREATE A COVERED ENTITY-BUSINESS ASSOCIATE RELATIONSHIP, NOR DOES IT CREATE ANY PHYSICIAN-PATIENT RELATIONSHIP. IT IS NOT AN ATTEMPT TO CONSTITUTE OR SUBSTITUTE FOR THE PRACTICE OF MEDICINE NOR AS A SUBSTITUTE FOR INDIVIDUAL PATIENT ASSESSMENT BASED ON A LICENSED HEALTHCARE PROVIDER’S OR QUALIFIED HEALTH PROFESSIONAL’S EXAMINATION OF EACH PATIENT OR THE PROVISION OF ANY OTHER MEDICAL OR CLINICAL PROFESSIONAL SERVICES.
YOU ASSUME FULL RESPONSIBILITY FOR USING THIS INFORMATION AND AGREE TO EXERCISE YOUR OWN INDEPENDENT MEDICAL PROFESSIONAL JUDGMENT AT ALL TIMES IN ACCORDANCE WITH THE FOREGOING. YOU AGREE AND ACKNOWLEDGE THAT SPAULDING IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS AND DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CLAIM, LOSS, DAMAGE OR INJURY (INCLUDING DEATH) TO ANY PERSONS OR PROPERTY ARISING FROM ANY USE OF OR RELIANCE UPON ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION PROVIDED BY OR ACCESSED THROUGH THE APPLICATION. SPAULDING MAKES THE APPLICATION AVAILABLE AS A HEALTH INFORMATION RESOURCE TO BE ACCESSED AT YOUR CONVENIENCE. THE APPLICATION IS NOT MEANT TO REPLACE COMPETENT CLINICAL JUDGEMENT OR BE RELIED UPON IN EMERGENCY SITUATIONS, AND ALL HEALTHCARE PROVIDERS SHOULD EXERCISE INDEPENDENT CLINICAL JUDGMENT. YOU AGREE NOT TO RELY UPON THE APPLICATION FOR ANY IMMEDIATE OR EMERGENCY HEALTH CONCERNS OR QUESTIONS.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU HEREBY EXPRESSLY WAIVE ANY AND ALL CLAIMS THAT YOU (AND/OR YOUR HEIRS, SUCCESSORS, OR ASSIGNS) MAY HAVE, NOW OR IN THE FUTURE, AGAINST SPAULDING, MGH, BU, AND PHOENIX (THE “RELEASED PARTIES”) BASED UPON YOUR USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO HEALTH, ILLNESS, AND/OR ANY ADVERSE CONSEQUENCES, THAT YOU OR ANY THIRD PARTY MAY INCUR OR SUFFER AS A RESULT OF YOUR USE OF THE APPLICATION (“CLAIMS”), AND YOU (AND/OR YOUR HEIRS, SUCCESSORS, OR ASSIGNS) HEREBY FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL OF SUCH CLAIMS. NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED IN THIS AGREEMENT AND WITHOUT LIMITING THE FOREGOING, SPAULDING HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY BASED UPON OR ARISING OUT OF MEDICAL ADVICE OR TREATMENT (INCLUDING, WITHOUT LIMITATION, THE FAILURE TO PROVIDE ANY MEDICAL ADVICE OR TREATMENT AND/OR MEDICAL OR PHYSICIAN/HEALTH CARE PROVIDER MALPRACTICE OR ANY ALLEGED PROFESSIONAL LIABILITY).
THE APPLICATION AND ALL DATA, INFORMATION, MATERIALS, CONTENT, SERVICES, AND REFERENCE SITES CONTAINED OR MADE AVAILABLE THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SPAULDING DOES NOT WARRANT ANY INFORMATION OR MATERIAL CONTAINED IN OR MADE AVAILABLE THROUGH THE APPLICATION REGARDING COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPAULDING DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SPAULDING DOES NOT CONTROL THE DEVICES OR COMPUTERS OR THE WIRELESS NETWORK OR THE INTERNET OVER WHICH YOU MAY CHOOSE TO ENTER CONFIDENTIAL OR PERSONAL INFORMATION AND CANNOT, THEREFORE, PREVENT INTERCEPTIONS OR COMPROMISES TO YOUR INFORMATION WHILE IN TRANSIT TO SPAULDING. SPAULDING MAKES NO GUARANTEE AS TO THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED TO, FROM, OR THROUGH THE APPLICATION. SPAULDING DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION AND ITS CONTENT WILL BE AVAILABLE FREE OF VIRUSES, OTHER HARMFUL COMPONENTS, OR DEFECTS.
UNDER NO CIRCUMSTANCES SHALL SPAULDING OR MGH OR BU OR PHOENIX, OR ANY OF THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS, MEDICAL AND PROFESSIONAL STAFF, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING FROM THIS TERMS OF USE OR IN CONNECTION WITH YOUR USE OF THE APPLICATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You shall indemnify, defend, and hold harmless Spaulding, MGH, BU, and Phoenix and their respective affiliates and their respective trustees, directors, officers, medical and professional staff, fellows, governing board members, employees, and agents and their respective successors, heirs and assigns (the “Indemnitees”) from and against any and all losses, claims, actions, damages, liabilities, and costs (including, without limitation, reasonable attorneys’ fees and expenses) incurred by or imposed upon the Indemnitees or any one of them in connection with your access to and use of the Application or any content or material contained therein, which shall include without limitation your use, reproduction, and display of any the Application’s material, and out of your violation or noncompliance with these Terms of Use, including without limitation any actions related to professional liability or HIPAA incidents. You shall immediately notify Spaulding of any such claim. You further acknowledge that, in no event, shall either Google or Apple be responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Application infringes that third party’s intellectual property rights.
You shall, at your own expense, defend or settle any indemnified claim brought against any Indemnitee, whether or not such action is rightfully brought.
You agree, at your own expense, to provide attorneys reasonably acceptable to the Spaulding to defend against any actions brought or filed against any party indemnified hereunder with respect to the subject of indemnity contained herein, whether or not such actions are rightfully brought; provided, however, that any Indemnitees shall have the right to retain its own counsel, at your expense, if representation of such Indemnitees by counsel retained by you would be inappropriate because of actual or potential differences in the interests of such Indemnitees and any other party represented by such counsel. You agree to keep Spaulding informed of the progress in the defense and disposition of such claim and to obtain Spaulding’s consent prior to any proposed settlement, not to be unreasonably witheld. This Section shall survive expiration or termination of this Terms of Use.
You shall comply with all applicable laws, including, without limitation, all applicable export control laws and regulations, in its use of the Application. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You shall properly attribute and acknowledge the developers of the LIBRE Profile in presentations and written publications involving the survey. You agree that any publication of results obtained through the use of the Application will include the following acknowledgement – “Kazis LE, Marino M, Ni P, Soley Bori M, Amaya F, et al. Development of the Life Impact Burn Recovery Evaluation (LIBRE) profile: assessing burn survivors' social participation. Qual Life Res. 2017 May 10;PubMed PMID: 28493205.”
You hereby acknowledge and agree that BU, MGH, Phoenix, Google and Apple, and their subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Google and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its rules on conflicts or choice of law. You hereby consent to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts for the resolution of any dispute based upon or relating to this Agreement. This Agreement constitutes the sole agreement between you and Spaulding relating to your use and our provision of the Application and the subject matter hereof, and no representations, statements, or inducements, oral or written, not contained in this Agreement shall bind either you or Spaulding. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by Spaulding of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer, or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in a writing signed by the parties.
A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Individual questions and complaints should be directed to the following: Jeffrey C. Schneider, MD, Co-Director of the Rehabilitation Outcomes Center at Spaulding (ROCS), 300 1st Ave (2nd Floor), Boston, MA 02129, or call to 617-952-5299, or email to SRNOutcomesCenter@partners.org.