The Massachusetts Health & Hospital Association, Inc.
Please read this agreement carefully before
using a web site affiliated with the Massachusetts Health & Hospital
Association, Inc. (MHA, Inc.). By accessing an MHA, Inc. web site, you
agree to be bound by all of the terms and conditions below in their
current or modified version. If you do not wish to be bound by these
terms and conditions, you should not access or use an MHA, Inc. web
site. MHA, Inc. reserves the right to change these terms and conditions
at any time, without notice to you, and you must consult the most recent
view an MHA, Inc. Web site.
The Massachusetts Health & Hospital Association (MHA), the MHA Insurance Agency (MHAIA, doing business as MHA Solutions), the MHA Research and Education Association, Inc (MHREA), and PatientCareLink (PCL) are registered service marks of the Massachusetts Health & Hospital Association, Inc. (MHA). In addition, MHA also provides services through related named entities that include the MA Hospital Careers, MHA Conference Center, and H Speakers that can be accessed through their respective web site.
The information presented on this web site is offered as a service to our members and other Internet users. While the information on this site may contain, but not be limited to, legal, medical, or health care operational issues, it is not intended to provide legal, medical or health care operations guidance and/or advice. Moreover, due to the rapidly changing nature of the law and advances in clinical practices and research, we make no warranty or guarantee concerning the accuracy or reliability of the content at this site or other sites to which we link. Any unauthorized downloading and distribution of any copyrighted material from this site or sites to which we link, without the copyright owner's permission, is strictly prohibited.
No Service Warranties
This Web site and the information, software and other material available on or accessible from this Web site is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. Neither MHA nor our affiliated organizations or contributing authors warrant that the Web site service will be uninterrupted or error free or that any information, software or other material available on or accessible through the Web site is free of malware or other harmful elements.
Under no circumstances shall the MHA or our affiliated organizations or contributing authors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use of or inability to use the Web site or your reliance on or use of information, services or merchandise provided on or accessible through the Web site, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
You agree to defend, indemnify and hold the MHA, our trustees, our members, and any author of information posted to this website harmless from any and all liabilities, costs and expenses, including reasonable attorney's fees, related to any violation of these terms and conditions by you.
Listserve and/or other MHA Social Media Sites Policy and Terms of
Non-Moderated Listserve and/or other MHA Social Media Sites
The following are the rules and conditions of participation in a listserve and/or other social media sites that is owned and operated by the Massachusetts Health & Hospital Association, Inc, and any of its subsidiaries. By participating in an MHA listserve and/or other MHA social media sites, users hereby acknowledge and agree to be bound by as well as warrant maintaining compliance with the following terms of participation.
MHA listserves and/or other MHA social media sites are a service provided by the Massachusetts Health & Hospital Association, Inc. (“MHA”) for exclusive use by the employed staff of MHA’s hospital members (in the case of MHA listserves) or for the general public (in the case of registered subscribers or followers of MHA's social media sites). Both MHA Listserves and the MHA Social media sites are to be used for a general discussion of issues pertaining to the hospital community. MHA does not allow any other person, individual, or entity that is not employed by a hospital (including vendors and contractors (and their staff)) to join an MHA listserve. MHA accepts no responsibility for the opinions and information posted on an MHA listserve and/or other MHA social media sites. MHA disclaims all warranties with regard to information posted on an MHA listserve and/or other MHA social media sites, whether posted by MHA or others. In no event shall MHA be liable for any special, indirect or consequential damages, or damages of any kind whatsoever, resulting from loss of use, data or profits, arising out of or in connection with the use or performance of any information posted on an MHA listserve and/or other MHA social media sites.
While MHA does not routinely monitor our listserves for potentially inappropriate postings, we will do so for the MHA social media sites. In addition, MHA does not undertake editorial control of each individual postings onto the listserve. In the event that any inappropriate posting or unauthorized use of the listserve and/or other MHA social media sites is made and identified by MHA during random reviews (or is brought to the attention of MHA), including but not limited to prohibited posting and usage as outlined herein, MHA will take all appropriate action including terminating, without prior notice, the listserve and/or other MHA social media sites access of any user who does not abide by this policy and terms of usage, and/or to take other legal action against violators. MHA shall further take such appropriate steps related to the email conversations, including removing the entire email thread from the archives as appropriate.
By participating in the MHA listserve and/or
other MHA social media sites, the hospital member staff agrees to not
utilize the listserve and/or other MHA social media sites in any manner
that violates federal or state antitrust laws or other laws prohibiting
anticompetitive practices. The antitrust laws generally prohibit any
agreement or understanding inconsistent with the right and obligation of
competitors to exercise independent business judgment in pricing their
products or services, dealing with their customers and suppliers, and
selecting the markets in which to compete, among other business
practices. No express agreement or understanding is required as
one could be inferred from statements or conduct. Participants may
not post any information regarding specific prices or fees charged or
paid, and do not post any information concerning prices, pricing
practices, discounts, or other terms or conditions of sale either
obtained by or offered to another entity. This will include the
posting of any specific or general labor information, including but not
limited to market shares, salaries, wages, costs, and specific union or
employment contractual language (such as the posting of specific
contract language of a negotiated contract or other legal language that
is not publicly available). Participants shall further not use
this listserve and/or other MHA social media sites as a means to recruit
staff form another hospital. Should a participant be aware of any
such communication, including any side conversations that are being made
by Participants using this listserve and/or other MHA social media
sites, they should notify the MHA staff that is managing the enrollment
into this listserve and/or other MHA social media sites. Specific
examples of prohibited activity include:
• Not post any materials that would violate federal or state
antitrust laws or other laws prohibiting anticompetitive practices,
including the posting of wage information and/or employment
• Not post any defamatory, abusive, profane, threatening,
offensive, or illegal information or material, and do not utilize the
listserve and/or other MHA social media sites in any illegal manner;
• Not post any information or other material protected by
copyright without permission of the copyright owner;
• Not use any words, logos or other marks that would infringe
upon the trademark, service mark, certification mark, or other
intellectual property rights of the owners of such marks without the
permission of such owners;
• Not post any confidential information that would infringe
upon the proprietary, privacy or personal rights of others;
• Not post any information or other material that constitutes
or could reasonably be construed as constituting advertising, marketing,
solicitation of business, vending, attempting to sell or promote
products or services, or otherwise engaging in or attempting to
consummate commercial or professional transactions; and
• Not provide information, materials, products, or services
in exchange for compensation of any kind.
Participants agree to grant MHA and the users of an MHA listserve and/or other MHA social media sites a non exclusive, perpetual, irrevocable license to display, copy, publish, distribute, transmit, print, and use such information or material that is displayed and included in an MHA listserve and/or other MHA social media sites in any manner without payment to the posting party.