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The Massachusetts Hospital Association, Inc. Web Site Terms and Conditions

Please read this agreement carefully before using a web site affiliated with the Massachusetts 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 version of the Terms of Use (not an older cached version) each time you view an MHA, Inc. Web site.

The Massachusetts Hospital Association (MHA), the MHA Insurance Agency (MHAIA), the MHA Research and Education Association, Inc, the New England Health Care Assembly, PatientCareLink, as well as The Pulse are registered service marks of the Massachusetts Hospital Association, Inc. (MHA, Inc.)

General

The MHA, Inc. presents the information on this web site as a service to our members and other Internet users. While the information on this site may contain legal, medical, or health care operational issues, it is not intended to provide legal, medical or health care operations advice. Moreover, due to the rapidly changing nature of the law and our reliance on information provided by outside sources, 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. The MHA, Inc. does not 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 viruses, worms, Trojan horses or other harmful components.

Under no circumstances shall the MHA, Inc. 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.

Indemnification

You agree to defend, indemnify and hold the MHA, Inc. 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.

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MHA Listserve and/or other MHA Social Media Sites Policy and Terms of Usage
Non-Moderated Listserve and/or other MHA Social Media Sites
September 1, 2010

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 Hospital Association, Inc, and any of its subsidiaries.  By participating in this 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 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 the MHA Listserve 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, contractors, and their staff) to join the listserve.  MHA accepts no responsibility for the opinions and information posted on this listserve and/or other MHA social media sites. MHA disclaims all warranties with regard to information posted on this 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 this listserve and/or other MHA social media sites. 

While MHA does not 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 (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 contracts;
• 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 this 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 the listserve and/or other MHA social media sites in any manner without payment to the posting party.