LOINC Website Terms of Service
- License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Sites conditioned on your continued acceptance of, and compliance with, these Terms of Service and, as applicable for downloaded materials, the LOINC® License. You may use the Sites and the LOINC® Content (as defined below, Section 8) for your noncommercial use (including use within your own organization) and for no other purpose. Regenstrief reserves the right to bar, restrict or suspend any user's access to the Sites, and/or to terminate this license at any time for any reason. Regenstrief reserves any rights not explicitly granted in these Terms of Service.
- License Restrictions. Unless otherwise expressly stated in these Terms of Service, the LOINC® License or you receive Regenstrief's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Sites, any LOINC® Content, or any portion thereof. Further, you may not (i) copy the Site and translate it into a different language to host that linguistic version of LOINC ®; (ii) use the Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Sites, including LOINC® Content; (iii) interfere with the proper working of the Sites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iv) interfere with any other person's use and enjoyment of the Sites.
- Your Acceptance; Revisions to Terms of Service. The Sites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Service constitute a legally binding agreement between you and Regenstrief regarding your use and access to the Sites. By using the Sites you agree to the then current Terms of Service.
Regenstrief reserves the right to revise these Terms of Service at any time in its sole discretion by posting revised Terms of Service.
- Click-Through Agreements. Before using certain areas of the Sites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Service and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
- Personal Login Information. Certain features and areas of the Sites are available only with registration, login. If you are required to register and you must select a unique login and password ("Personal Login Information"), and you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality. To create a login account, you must be a human. Accounts registered by “bots” or other automated means are not permitted. Your Personal Login Information is personal to you (not to your organization) and you may not allow any third party (including co-workers) to use it under any circumstances. As many people in your organization as desired can create individual accounts. Regenstrief is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact Regenstrief immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information.
- User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Sites and not interfere with the use and enjoyment of the Sites by other users or with 's operation and management of the Sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including, without limitation, information required to be provided through a LOINC® Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, Regenstrief reserves the right to terminate your access and use of the Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the Sites.
- Proprietary Rights. The content of the Sites includes, without limitation, (i) the LOINC® trademark, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "LOINC® Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "LOINC® Content"). LOINC® Content is the property of Regenstrief and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any LOINC® Content by you, or by you through any other person or entity, is prohibited unless permitted by the LOINC® License or express written consent is separately obtained from Regenstrief. Any use of the LOINC® Marks other than as permitted by the LOINC® License or with Regenstrief's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the LOINC® Content, including any such notices appearing on any LOINC® Content you are permitted to download, transmit, display, print, or reproduce from the Sites.
- Responsibility for Use of the Internet and Websites. Use of the Internet and the Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other communication network. Regenstrief shall not be obligated to correct or update the Sites or the LOINC® Content.
- International Use of Websites and Content. If you use or access the Sites or the LOINC® Content internationally, you do so at your own risk and are responsible for compliance with the laws and regulations of your location as well as these Terms of Service.
- Links to Third Party Websites. The Sites may provide links to other sites for your convenience. These other sites are maintained by third parties over which Regenstrief exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Sites, you do so entirely at your own risk.
- Links to Websites, Content, Sharing of Content. Links posted by third parties to the Sites and/or LOINC® Content may not use the LOINC® trademark or logo without written approval from Regenstrief and shall not suggest that LOINC®/Regenstrief promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the Sites shall be the responsibility of the linking party. Regenstrief reserves the right to require any linking party to disable or remove any link that violates Regenstrief’s policies, rights or causes interruption or deterioration of LOINC® Content.
- Warranties Disclaimed. THE WEBSITES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER REGENSTRIEF NOR THE LOINC COMMITTEE, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, CONTRACTORS, OR LICENSORS (COLLECTIVELY "LOINC® PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE SITES OR LOINC® CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR (iv) LOINC® CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
- Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 12 AND 13 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND THE LOINC PARTIES' LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the LOINC® Parties from and against all claims arising from or in any way related to your use of the Sites and/or LOINC® Content, a violation by you of these Terms of Service or the LOINC® License, or any other actions connected with your use of the Sites and/or LOINC® Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. Regenstrief will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the LOINC® Parties other than under this Section.
- Term and Termination. These Terms of Service will take effect at the time you begin using the Sites. Regenstrief reserves the right, with or without notice, at any time and for any reason to deny you access to the Sites or to any portion thereof, and to terminate these Terms of Service. If you fail to comply with the Terms of Service, the license granted in Section 1 for your use of the Site is automatically revoked, and you must stop using the Site immediately.
- Governing Law. These Terms of Service and all matters regarding your use of the Sites shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable to contracts made and executed and wholly performed in the State of Indiana, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Jurisdiction and venue shall be in the state or federal courts located in Marion County, Indiana.
- Waiver and Severability. The failure of Regenstrief to exercise or enforce any right or provision in these Terms of Service does not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
- Complete Agreement. These Terms of Service, together with any revision, the LOINC® License, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the Regenstriefrelating to the Sites and its use by you, and supersedes any previous written or oral communication regarding use of the Sites.
- Contact Information. If you have any questions or concerns regarding these Terms of Service or the Sites, please visit our contact page.
- Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.