Welcome to the OPENCOMMONS Web site. We hope you enjoy your experience. The Web sites at [[1]] and [[2]] (the “Sites”) are owned and operated by OPENCOMMONS Accessing these Sites, in any manner, whether automated or otherwise, constitutes use of these Sites, and your agreement to be bound by these Terms of Service. By using these Sites, you agree to use these Sites in accordance with these Terms of Service, the OPENCOMMONS Privacy Policy, and any additional terms and conditions that may apply to specific sections of these Sites or to products and services available on or through these Sites.

OPENCOMMONS is organized for the purpose of promoting such common interests of its members as may qualify it as exempt from Federal income tax under Section 501(c)(6) of the Internal Revenue Code of 1986, as amended (hereinafter referred to as the “Code” or the corresponding provision of any subsequent Federal tax laws); and within such limits to create a transparent community for the creation, evolution, promotion and support of vendor-neutral, open source electronic health record software by cultivating both an open source community and an ecosystem of complementary products, capabilities and services.

We reserve the right to amend, supplement or modify these Terms of Service at any time, in which case the revised Terms of Service will appear on these Sites. Continued use of these Sites after we post any such changes will constitute your acceptance of the Terms of Service, as amended, supplemented and/or modified.

Intellectual Property Rights

Grant of Limited License. This Sites and all the materials contained on it are the property of OPENCOMMONS, and are protected by copyright, trademark, and other intellectual property laws. You may only use these Sites and the materials on it as authorized by OPENCOMMONS You may not use these Site or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to OPENCOMMONS or a third party. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use these Sites (or any portion of these Sites) for violation (whether repeated or not) of intellectual property rights or any other rights belonging to us or a third party. The content provided on this Web site is provided under the terms and conditions of a Creative Commons Attribution 3.0 License and those additional terms, conditions and notices referenced therein. Information about permission to reproduce or distribute materials from these Sites can be obtained by e-mailing admin@opencommons.org.

Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, these Sites are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You acknowledge that OPENCOMMONS does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of these Sites. You understand that by using these Sites, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is OPENCOMMONS liable in any way for any Content or Claims (as defined below) as a result therefrom, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via these Sites.

Licenses Associated With Content on these Sites

OPENCOMMONS Content: All Content (other than computer software) owned by OPENCOMMONS and made available by OPENCOMMONS on these Sites is licensed under the Creative Commons Attribution 3.0 license, unless marked otherwise.

Your Content: You retain the copyright in your Content that you provide on these Sites. You hereby agree that all Content you voluntarily provide to OPENCOMMONS on or through these Sites is licensed under a Creative Commons Attribution 3.0 license, is not copyrightable, or is in the public domain. When you post your Content, you designate OPENCOMMONS (including the relevant project) as the “Attribution Party” for the purposes of the Creative Commons Attribution 3.0 license, as defined therein, and grant permission for these Sites to be associated with your Content for purposes of that license. If Content you provide is protected by copyright, then if it is not licensed under a Commons Attribution 3.0 license, you must not provide it to OPENCOMMONS For the avoidance of doubt, you may otherwise license your Content on any terms or no terms at all, but upon uploading or supplying Content protected by copyright to OPENCOMMONS on these Sites, you are licensing such Content under a Creative Commons Attribution 3.0 license in addition to any such other license that may apply to your Content, and designating OPENCOMMONS (and any relevant OPENCOMMONS project) as the Attribution Party for purposes of that license.

Third Party Content: these Sites may contain links to websites not controlled by OPENCOMMONS (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than OPENCOMMONS (“Third Party Content”). Third Party Content and Third Party Websites that OPENCOMMONS links to or embeds in these Sites, including but not limited to blogs and news feeds, are subject to the license terms accompanying such Content. For Third Party Content and Third Party Websites that OPENCOMMONS supplies, as a courtesy OPENCOMMONS will take reasonable steps to clearly mark any such Third Party Content or Third Party Websites that are not licensed under a Creative Commons Attribution 3.0 license; provided, however, that OPENCOMMONS cannot and does not make any guarantee or warranty whatsoever about the license terms of Third Party Content or Third Party Websites and provides all such information AS-IS. We encourage you to always verify the license of any such Content before use.

Search Results: OPENCOMMONS may provide website search tools as a service on these Sites. Those search tools may return Content that is not licensed under a Creative Commons license. OPENCOMMONS will make reasonable efforts to clearly mark whether such Content is licensed under a Creative Commons license based on any license information our search tools are able to locate and interpret. As stated above, you should independently verify the terms of the license attached to any Content you intend to use.

Content You Provide. You may only submit Content to these Sites that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms of Service. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. OPENCOMMONS may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that Creative Commons determines violates the Terms of Service or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. OPENCOMMONS does not endorse or support any Content posted by you or any other third party on or through these Sites. You alone are responsible for creating backup copies and replacing any Content you post on these Sites, and you authorize OPENCOMMONS to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on these Sites. You may request the removal of your Content from these Sites at any time, and we will take reasonable steps to promptly remove such Content; provided, however, that we can remove any such Content only from our Site and cannot remove Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers, such as Content you may have sent to others in an email posted to a OPENCOMMONS email list. If you choose to remove your Content, the Creative Commons Attribution 3.0 license you granted when submitting such Content will remain in full force and effect in accordance with its terms.

Use of Content on these Sites. You may use the Content you find on these Sites in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with the Content. You represent and warrant to OPENCOMMONS that you will use any and all Content on our Site in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do. By using these Sites, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on these Sites without your own independent evaluation of that Content. OPENCOMMONS does not guarantee that Content made available on these Sites does not infringe the rights of any third party.

Software

All software and any downloads are provided under the terms and conditions by OPENCOMMONS pursuant to an Apache License Version 2.0 unless otherwise specified.

Notice of Alleged Copyright Infringement on these Sites – Designated Copyright Agent Information. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via these Sites in a manner that constitutes copyright infringement, please report the matter to admin@opencommons.org. Please note that the contact information provided in this paragraph should only be used for reporting suspected copyright infringement. Contact information for all other matters is provided elsewhere in these Terms of Service or on these Sites.

OPENCOMMONS abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by OPENCOMMONS (such as www.opencommons.org) that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.

OPENCOMMONS does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with OPENCOMMONS’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

Please include the following information in your written notice:

a detailed description of the allegations with specificity, including without limitation the copyrighted work that is allegedly infringed;
a description of the location and use of the allegedly infringing material on these Sites;
your contact information, including your address, telephone number, and, if available, e-mail address;
your certification that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or applicable law;
your certification, made under penalty of perjury, affirming that the information in your written notice is accurate and complete and that you are authorized to act on the copyright owner’s behalf with respect to this matter; and
an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the certification.

Restrictions on Use: Attribution, Framing and Linking. You may establish a hypertext link to these Sites, provided that the link does not state or imply any sponsorship of your site by OPENCOMMONS However, you may not frame or inline link to any of the content of these Sites, or incorporate in any manner all or a portion into another Web site or other service any of our material or intellectual property without the prior written permission of OPENCOMMONS

User Features

This Site may include certain interactive features, including, but not limited to, blogs, message boards, web logs, e-mail services, and areas that allow uploading of user-generated content (the “User Features”). You are solely responsible for any material that you post on any message boards or provide through any other User Features on these Sites. We do not control the messages, information, or files that you or others may provide through these Sites. This Site, including its User Features, shall be used for lawful purposes only; you shall not:

Engage in any conduct that, in our sole judgment, restricts or inhibits any other user of these Sites from using or enjoying these Sites.
Post or transmit any material that violates our rights or the rights of others, including, without limitation, applicable law, intellectual property rights, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right.
Use these Sites to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide these Sites or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide these Sites.
Use these Sites in an unlawful, threatening, or abusive manner, including without limitation, to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.
Gain unauthorized access to these Sites, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.
Obtain or attempt to obtain any materials or information not intentionally made available through this Site.
Use these Sites to post or transmit any vulgar, obscene, indecent or otherwise objectionable information of any kind, including without limitation, any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.
Use these Sites to post or transmit any information, software, or other material that contains a virus or other harmful component.
Use these Sites to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on these Sites, without our prior written consent.
Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of these Sites.

We shall have the right, but no obligation, to monitor the content of the message boards or other User Features to determine compliance with these Terms of Use and any other operating rules of these Sites established by OPENCOMMONS We shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the message boards or other User Features of these Sites. Notwithstanding this right, Site users shall remain solely responsible for the content of their messages. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on the message boards or other interactive User Features of these Sites, whether it is provided by us, our employees, or a third party. Under no circumstances will we be liable for any Claims (defined below) of any kind caused by reliance on information obtained through postings on the message boards or other User Features of these Sites. We are not responsible for any offensive, defamatory, or obscene posting made on the message boards or other User Features of these Sites. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable or in violation of these Terms of Service. We also reserve the right to deny access to these Sites or any features of these Sites to anyone who violates these Terms of Service, or who, in our sole judgment, interferes with the ability of others to enjoy our Web site or infringes the rights of others. Neither we nor any third-party content provider shall assume or have any liability whatsoever for any action or inaction by us or any third-party content provider with respect to any conduct, communication, or posting on the message boards or other User Features of these Sites.

Registration on these Sites

To access certain sections and/or features of these Sites, we may ask you to provide personally identifiable and/or member information. You will provide true, accurate, current, and complete information on any registration form or login required associated with these Sites. If we suspect that information you provide is untrue, inaccurate, or incomplete, we may, in our sole discretion, suspend or terminate your access, account and refuse all current or future use of these Sites. Our use of any user information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

You may need member information, username and/or password to use certain features of these Sites. By registering on these Sites, you agree that you will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person or member; (ii) use a user name or e-mail address subject to the rights of any person or member without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member or other name that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of any member information, password and/or account, and are responsible for all activities (whether by you or by others) that occur under your member account, password or other account. You will notify us immediately of any unauthorized use of your member information, password and/or account or any other breach of security. We assume no liability for any Claims (defined below) whatsoever arising from any unauthorized use of your member information, password or account by a third party.

Use of Directories

The information contained in any directories that may be provided on these Sites is provided for visitor information only and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. Neither we, nor our suppliers, will be liable in any way with regard to such information.

Disclaimers

These Sites may provide links to other Web sites maintained by third parties. Any software, information, products, or services provided on or through third-party sites are controlled by the operators of such sites. When you access these third-party sites, you do so solely at your own risk.

THE SOFTWARE, INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THESE SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR THE USAGE OF TRADE ARE HEREBY EXPRESSLY DISCLAIMED.

WE DO NOT WARRANT THAT THESE SITES OR ANY OF ITS FUNCTIONS, INCLUDING USER FUNCTIONS WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING MESSAGE BOARDS, OR THE SERVERS THAT MAKE THESE SITES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES, LOSSES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER OF THIS SITE SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS, MEMBERS OR OTHER USERS OF THE MESSAGE BOARDS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SITE OR THIRD-PARTY SITES. USE OF ANY SOFTWARE AVAILABLE THROUGH THIS SITE OR INFORMATION ON THESE SITES OR THIRD-PARTY SITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY AND ALL LOSSES, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES, EXPERT FEES, AND COURT COSTS) ARISING THEREFROM (COLLECTIVELY “CLAIMS”) CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THESE SITES.

You must provide and are solely responsible for all hardware and/or software necessary to access these Sites. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OPENCOMMONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESE SITES, INCLUDING ITS MATERIALS, SOFTWARE, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THESE SITES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OPENCOMMONS’S LIABILITY IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.)

IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THESE SITES OR RELATED ONLINE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MESSAGE BOARDS OR OTHER INTERACTIVE USER FEATURES, OR OUT OF THE BREACH OF ANY WARRANTY.

IF YOU ARE DISSATISFIED WITH THESE SITES, ANY MATERIALS, PRODUCTS, OR SERVICES ON THESE SITES, OR WITH ANY OF THESE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THESE SITES.

Termination

We may, at any time and without notice, suspend, cancel, or terminate your right to use these Sites (or any portion of these Sites). In the event of suspension (whole or part), cancellation, or termination, you are no longer authorized to access the part of these Sites affected by such suspension (whole or part), cancellation, or termination. In the event of any suspension (whole or part), cancellation, or termination, the restrictions imposed on you with respect to material downloaded from these Sites, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive indefinitely. Miscellaneous

This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written and/or oral. You also may be subject to additional terms and conditions that may apply when you purchase and/or use the products or services of a third party that are provided on or through these Sites. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any principles of conflicts of law. If any provision of this agreement shall be found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The foregoing provisions of these Terms of Service are for our benefit, and we shall have the right to assert and enforce such provisions.

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