Terms of Use
The Terms of Use set forth in this document apply to all of Children's Hospital of Philadelphia's (CHOP) web sites, social media platforms, mobile applications, and all digital assets contained or offered therein (collectively, our “Services”). Use of the Services is governed by the terms and conditions of these Terms of Use. Please read these Terms of Use carefully before accessing or using the Services. Throughout this Agreement, Children’s Hospital of Philadelphia is referred to as "CHOP," "we," or "us." By accessing or using the Services, you agree to be bound by these Terms of Use. These Terms of Use are intended to be fully effective and binding on you and on us. These Terms of Use are integrated into our Privacy Policy. BY USING THE SERVICES, YOU ACCEPT THESE TERMS OF USE.
No Medical Advice Given
CHOP offers the Services for general informational and educational purposes only. Nothing related to the Services is intended as medical professional advice nor should be used for diagnosis or treatment apart from consultation with a qualified healthcare professional. The Services are not intended to create any health care professional-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional. If you have questions or concerns about your health, please contact your healthcare professional. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
EVERY HEALTHCARE SERVICE PROVIDER IS RESPONSIBLE FOR HIS OR HER OWN ACTIONS AND THE USE OF THIS INFORMATION IS NOT INTENDED TO REPLACE THE CLINICAL JUDGMENT OF THE USER. IT IS THE RESPONSIBILITY OF THE PROVIDER OF HEALTHCARE SERVICES TO CHECK AND DETERMINE ALL DIAGNOSIS AND THE INDICATIONS, CONTRAINDICATIONS, AND DOSAGES OF ANY MEDICATIONS AND/OR TREATMENTS PRESCRIBED OR UNDERTAKEN.
Non-Exclusive, Non-Transferable License to Use our Services
We grant you a limited, revocable, non-exclusive, non-transferable license to review and in some instances print content from our Services (e.g., our website) for your personal and educational purposes as long as they do not violate any aspect of these Terms of Use or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. We reserve the right to terminate or limit your access to our Services and/or the licenses granted for any reason (or no reason) and in our sole discretion.
We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and, for any reason, including performing maintenance, repairs, or upgrades. We will endeavor to provide notice before any scheduled upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
Copyright & Intellectual Property
Copyright 1996-2024 by The Children’s Hospital of Philadelphia. ALL RIGHTS RESERVED.
All material included in the Services, including the files associated with it, are protected by U.S. and international copyright laws. The marks "Children’s Hospital of Philadelphia," "CHOP," "CHOP Connection," the CH logo and the tumbler logos are marks of CHOP and may not be copied, imitated, or used in whole or in part without our prior written permission.
The materials on the Services are copyrighted by us and/or by other applicable rights holders. You may download and reprint a single copy of the materials from the Services for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
Linking and Third-Party Links
You may not create a link to any page of our Services without our prior written consent. If you do create a link to a page of our Services, you do so at your own risk.
Our Services might include links to other websites, mobile applications, or social media platforms. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites or other platforms. Please review carefully other party’s website notices, policies, and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.
Accuracy
Our Services, including our website and application, may contain typographical errors, inaccuracies, or omissions that may relate to company offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders or programs if any information about the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.).
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Services or its related content:
- for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information;
- to solicit others to perform or participate in any unlawful or prohibited acts;
- to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content;
- to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information or otherwise attempt to mislead or impersonate another;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Services including our website (or related website, other websites, or the Internet) or Services;
- to collect or track the Personal Information of others;
- to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware;
- for any damaging, obscene or immoral purpose;
- to interfere with or circumvent the security features of the website (or related website, other websites, or the Internet) and/or Services, including those to prevent copying of content or that limit use;
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
- to systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- to make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- to use a buying agent or purchasing agent to make purchases on the website;
- to use the Services to advertise or offer to sell goods and services;
- to engage in unauthorized framing of or linking to the Services;
- to engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- to interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Services;
- to sell or otherwise transfer your profile;
- to use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise;
- to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website;
- to copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
- to upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
- to upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software; or
- in any way that may be deemed a breach or violation of any of our Terms of Use or Privacy Policy. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
Warranty Disclaimer and Limitations of Damages and Liability
THE INFORMATION IS PROVIDED “AS IS,” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR OTHERWISE. CHOP MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION PROVIDED ON OR THROUGH THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR SECURE. CHOP SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, DURABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, CHOP MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED ON OR THROUGH THE SERVICES, OR YOUR USE OF THE INFORMATION, WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT OF ANY OTHER PERSON.
We make no representations regarding the presence on the Web Site of viruses, Trojan horses, worms, or other harmful, disruptive, or destructive files. While we will make reasonable efforts to prevent such files from appearing on the Web site and to remove any such files that do appear, we can make no assurances that such files may not be present or appear and we explicitly disclaim any responsibility for any such files and for any damage or effects caused by such files by reason of access to the Web site.
YOUR USE OF THE INFORMATION PROVIDED ON OR THROUGH THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY OF CHOP, OR ITS TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, OR MEDICAL STAFF BE LIABLE TO YOU OR ANY OTHER USER OF THE INFORMATION FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE, OR BUSINESS LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE INFORMATION PROVIDED ON OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION YOUR USE OR INABILITY TO USE THE INFORMATION, WHETHER OR NOT YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE INFORMATION IS TO STOP USING THE INFORMATION.
Indemnification
To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, disbursements, and costs, made by any third party due to or arising out of your breach of these Terms of Use, our Privacy Policy, or the documents they incorporate by reference, or your violation of any law or rights of a third party.
You agree to defend, indemnify, and hold harmless CHOP and its directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors, or other representatives and all their successors and assigns with respect to claims, costs (including attorneys’ fees and costs), damages, liability and expenses or obligations of any kind arising out of or in connection with your access to or misuse of the Services.
CHOP reserves the right to assume the exclusive defense and control of any claim subject to indemnification, and in such case, you agree to cooperate with us to defend such claim. You shall not settle any actions or claims on our behalf without our prior written consent.
Personal Information & Privacy
Please refer to our Privacy Policy on our website for information about the types of Personal Information we collect, how we use it, how you can control the use and disclosure of it, and how you may access and update information about you provided to us. You understand that your Personal Information may be transferred over various networks, and there may be changes to such information to confirm and adapt to technical requirements of connecting networks or devices.
General
CHOP is located in Philadelphia, Pennsylvania, in the United States of America. CHOP makes no claims that the Services are appropriate or may be downloaded outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Jurisdiction
You expressly and irrevocably agree that exclusive jurisdiction for any dispute with CHOP, or in any way relating to your use of the Services resides in the courts of the Commonwealth of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Pennsylvania in connection with any such dispute including any claim involving CHOP, or CHOP’s parent corporation, affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
You agree that any legal proceeding against CHOP related to the Services shall be filed and tried only in the Court of Common Pleas for Philadelphia County, Pennsylvania, United States of America. Both parties hereby expressly waive any right to a jury trial in any such proceeding.
These Terms of Use are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws or choice of laws principles. If any provision of these Terms of Use is found to be invalid by any court having jurisdiction, then the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Severability
To the extent that any provision of these Terms of Use is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
These Terms of Use are effective until terminated. We may terminate this agreement at any time without notice to you and may deny you access to our Services.
No Third-Party Beneficiaries
There are no third-party beneficiaries to the Terms of Use. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms of Use to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.
Accessibility
Please see our Accessibility page if you experience any difficulty accessing any of the Services.
Changes to these Terms of Use
We reserve the right to change, modify, or amend these Terms of Use at any time. If we modify our Terms of Use, such changes will be effective upon posting. It is your obligation to check our current Terms of Use for any changes. These Terms of Use may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.
HOW TO CONTACT US
If you have any questions about the Terms of Use, please Contact Us.
Email: reply@chop.edu
Address: 2716 South Street, 7th Floor
Philadelphia, PA 19146
Last Updated: November 21, 2024