Terms of Use

ACCEPTABLE USE POLICY

Effective as of June 2020

Welcome to the online Employer Community ("Employer Community") maintained by Business Group on Health (“BUSINESS GROUP ON HEALTH”). Comments are welcomed on the Employer Community. This Acceptable Use Policy (“AUP”) seeks to encourage prudent use of and applies to all users of the Employer Community.

1.               RESPONSIBILITY FOR USE. At all times, you agree to conduct your on-line activities on the Employer Community in a cordial and friendly manner and in accordance with this AUP and all applicable laws. Any views or opinions expressed by you on the Employer Community are your personal views or opinions and do not reflect the views or opinions of BUSINESS GROUP ON HEALTH. Moreover, no such information available through the Employer Community should constitute professional or legal advice of any kind.

2.               USER OBLIGATIONS. The Employer Community is only available to current employer members of the BUSINESS GROUP ON HEALTH. When you use the Employer Community, you promise to provide true and accurate information. You also understand and agree that use of the Internet and the Employer Community is solely your decision and at your own risk. You are responsible for your own use and any “Comments” (as defined below). BUSINESS GROUP ON HEALTH is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained or presented on the Employer Community, or for the consequences of any reliance on such transmission and/or information. You must make your own determination as to these issues.

3.               RIGHT TO USE. The Employer Community is provided by BUSINESS GROUP ON HEALTH as a resource for you and to further the mission(s) of BUSINESS GROUP ON HEALTH. Access to and use of the Employer Community is therefore limited to your personal use and to BUSINESS GROUP ON HEALTH’s mission-related communications, promotion, and other activities. You do not have any right to distribute further the Employer Community (or any part or content presented on the Employer Community) without BUSINESS GROUP ON HEALTH’s prior written permission.

4.               PROPRIETARY RIGHTS. You have no proprietary interest in the Employer Community, and this AUP provides only a limited license to use its features. You have no right to identify or suggest an affiliation with or endorsement by BUSINESS GROUP ON HEALTH and/or its policies or services. The Employer Community is Copyright © 2015-2020 Business Group on Health [and/or its licensors]. All rights reserved.

5.               ENFORCING SECURITY. BUSINESS GROUP ON HEALTH wishes to keep the Employer Community as a safe and productive resource for all. You therefore may not use the Employer Community or any of BUSINESS GROUP ON HEALTH’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using BUSINESS GROUP ON HEALTH data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a BUSINESS GROUP ON HEALTH system or network, circumventing any BUSINESS GROUP ON HEALTH security or authentication measures, monitoring BUSINESS GROUP ON HEALTH data or traffic, interfering with any BUSINESS GROUP ON HEALTH services, collecting or using from the Employer Community email addresses, screen names, or other identifiers, collecting or using from the Employer Community information, including any “Comment” (as defined below) without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Employer Community to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that it likely to result in retaliation against BUSINESS GROUP ON HEALTH or its data, systems, or network. In order to maintain security, you have no reasonable expectation of privacy while using the Employer Community because BUSINESS GROUP ON HEALTH reserves the right to view, monitor, and/or record activity on the Employer Community and to comply with government or court appointed authorities when necessary. BUSINESS GROUP ON HEALTH also reserves the right at any time when warranted to suspend or terminate operation of or access to the Employer Community or any portion of the Employer Community.

6.               COMMENTS. The Employer Community provides the opportunity to share knowledge and post other helpful or meaningful information. By submitting information of any type (a "Comment") to the Employer Community or by otherwise using the Employer Community to transmit or display information, you hereby represent and warrant that you have all rights necessary to transmit and provide a Comment(s), and you automatically grant BUSINESS GROUP ON HEALTH the royalty-free right to use your Comments for any lawful purpose. You also acknowledge that your Comments are non-confidential within the Business Group Forum, and you represent and warrant that you have all rights and permission necessary to submit, display, or make available any content in your Comment. Moreover, you agree that by using the Employer Community you will not post or transmit any of the following content, information, or materials on the Employer Community:

·        anything that constitutes anti-competitive collaboration and/or an antitrust violation(s), including, without limitation, discussion of competitors, grievances about individual firms or persons with the intent of driving business away from the firm or person, allocation of customers, group boycotts, exclusive dealing agreements, markets, terms of sale, specific R&D, sales, or marketing plans, pricing, fees, or rates, price trends, timing of price changes, costs of common inputs, margins, terms of sale, discounts and rebates, advertised prices, promotional programs, inventory levels, production levels, capacities, new projects, and the like;

·        anything that violates contractual or fiduciary rights, duties, or agreements;

·        anything that is bigoted, hateful, or offensive;

·        anything that encourages criminal conduct or that would give rise to civil liability;

·        anything that violates any law or regulation in any jurisdiction;

·        anything that contains vulgar, obscene, profane, or otherwise objectionable language or images;

·        anything that typically would not be considered socially or professionally responsible or appropriate in person;

·        anything that harms minors or is directed as a means to contact or interact with a minor;

·        anything that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of the BUSINESS GROUP ON HEALTH;

·        anything that misrepresents your affiliation with any entity and/or the BUSINESS GROUP ON HEALTH;

·        anything, which defames, harasses, threatens, or offends;

·        anything that violates or infringes on the rights of others or misappropriates or breaches any confidentiality obligation;

·        anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personally identifiable information of another individual;

·        anything that constitutes a chain letter or pyramid scheme;

·        anything that is false, deceptive, or misleading;

·        anything that constitutes junk mail, spam, or unauthorized advertising or promotional materials;

·        anything that is “off-topic,” irrelevant, or inappropriate for the purposes of the Employer Community;

·        anything that interferes with or disrupts the Employer Community; and

·        anything that contains or distributes malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Employer Community or BUSINESS GROUP ON HEALTH’s data, network, or systems.

 

As the Employer Community is generally to BUSINESS GROUP ON HEALTH members, the user experience is enhanced if you follow these guidelines. Please also use netiquette. Please be succinct and on-topic. Please remember to respect others and their opinions. BUSINESS GROUP ON HEALTH encourages open and sincere communication but urges all users to remember that Employer Community is intended to be a resource for BUSINESS GROUP ON HEALTH members.

 

7.               NO PRE-SCREENING OF YOUR COMMENTS. BUSINESS GROUP ON HEALTH is not responsible for monitoring or moderating the Employer Community to the extent BUSINESS GROUP ON HEALTH itself does not post or display the information through its authorized channels and processes. BUSINESS GROUP ON HEALTH therefore encourages you to use reasonable discretion in using the Employer Community. BUSINESS GROUP ON HEALTH also does not endorse, oppose, or edit any opinion or information provided by you or another person or entity on the Employer Community. Any views expressed on the Employer Community do not necessarily reflect the views of BUSINESS GROUP ON HEALTH. Nevertheless, BUSINESS GROUP ON HEALTH reserves the right at any time to delete, edit, or take other appropriate action with respect to the Employer Community (or parts thereof), including, without limitation, deleting any Comment or terminating your access or use, in the event that BUSINESS GROUP ON HEALTH believes in good faith that your actions or Comments violate this AUP and/or are potentially unlawful or harmful to BUSINESS GROUP ON HEALTH and/or other persons or entities.

8.               DMCA TAKEDOWN POLICY. It is BUSINESS GROUP ON HEALTH’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). BUSINESS GROUP ON HEALTH respects the intellectual property of others. Copyright owners who believe that their intellectual property rights have been infringed through the on-line services provided by BUSINESS GROUP ON HEALTH may contact BUSINESS GROUP ON HEALTH through their authorized agent and request that the infringing material be removed or access to it blocked. BUSINESS GROUP ON HEALTH's designated “Agent for Notice” of claims of copyright infringement can be reached as follows: Martha Shannon and Brenna Shebel; privacy@businessgrouphealth.org; 202-558-3000.

Proper notification of copyright infringement must be sent to BUSINESS GROUP ON HEALTH’s Agent for Notice (as designated above) and must include the following information:

 

·        A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

·        Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

·        Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BUSINESS GROUP ON HEALTH to locate the material;

·        Information reasonably sufficient to permit BUSINESS GROUP ON HEALTH to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;

·        A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

·        A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Please place the following label, “Notice of Infringement,” in the subject line of all such communications to BUSINESS GROUP ON HEALTH. BUSINESS GROUP ON HEALTH will promptly remove or disable access to materials that are the subject of a proper DMCA notification and notify the user responsible for the material about said removal.

9.               LINKS TO OTHER SITES. If links to other sites on the World Wide Web are provided or made available through the Employer Community, please note that these sites have not necessarily been reviewed by BUSINESS GROUP ON HEALTH and are maintained by third parties over which BUSINESS GROUP ON HEALTH exercises no control and for which BUSINESS GROUP ON HEALTH will not be responsible. Please also note that these links do not imply an endorsement by BUSINESS GROUP ON HEALTH of any other site, product, service, person, cause, campaign, or information.

10.            DISCLAIMER. THE EMPLOYER COMMUNITY IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.

11.            LIMITATION OF LIABILITY. BUSINESS GROUP ON HEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE EMPLOYER COMMUNITY. BUSINESS GROUP ON HEALTH’S MAXIMUM LIABILITY FOR ANY REASON SHALL BE LIMITED TO $100.

12.            GOVERNING LAW. This AUP has been made in and will be construed and enforced in accordance with the laws of the District of Columbia as applied to agreements entered into and completely performed in the District of Columbia. A printed version of this AUP and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings.

13.            CHANGES. Please note that BUSINESS GROUP ON HEALTH reserves the right to change the Employer Community and/or its features (although BUSINESS GROUP ON HEALTH does not have any obligation to do so) as well as the terms and conditions of this AUP. Your continued use of the Employer Community following any announced change will mean that you have accepted any change to the Employer Community and/or to this AUP. Therefore, we encourage you to review this AUP on a periodic basis.

14.            CONTACT INFORMATION. If you have questions regarding this AUP and/or the Employer Community, including, without limitation, any requests to use any blog entry for other purposes, please contact privacy@businessgrouphealth.org.