BACKGROUND

DSC2U is a website developed by Massachusetts General Hospital ("MGH") intended to help you better access general educational information and tools to assist individuals with Down syndrome who may not have access to specialty clinics. To obtain access to DSC2U you must agree to be bound by these Terms of Use and the DSC2U Website Privacy Policy each of which is incorporated herein by reference. By clicking the "I Agree" button below, you are indicating that you agree to be bound by all of these terms and the DSC2U Website Privacy Policy.

When the terms are changed, MGH will post the updated terms and require you to review and accept the new terms before you continue to use DSC2U. Your continued use of DSC2U after such changes become effective constitutes acceptance of the new terms. If you do not agree to such changed terms, or if at any time you no longer wish to otherwise abide by these Terms of Use, you should not access or use DSC2U. The most current version of these Terms of Use can be accessed at any time by selecting the "DSC2U Terms of Use" link and the most current version of the DSC2U Website Privacy Policy can be accessed at any time by selecting the "DSC2U Website Privacy Policy" link. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Website.

Individually identifiable information that we collect in connection with your use of this website through the registration and submission process is considered “Protected Health Information” as defined under the Health Insurance Portability & Accountability Act and related regulations (collectively referred to as “HIPAA”) and is also subject to the Partners HealthCare Notice of Privacy Practices.

Certain non-individually identifiable information that we may collect from visitors to this website as described in our Website Privacy Policy is not considered “Protected Health Information” as defined under HIPAA and is not subject to the Partners HealthCare Notice of Privacy Practices.

DSC2U ACCESS

Subject to the terms contained herein, MGH hereby grants you a limited revocable license to access and use DSC2U. You agree that you shall use DSC2U only in accordance with the Terms of Use, applicable law, and the rules, policies and procedures established by MGH for use of DSC2U. This license may not be shared with or transferred or sublicensed to any other party. You represent and warrant that all information provided to MGH in connection with this Agreement, including in the process of registration for DSC2U, is true, accurate and complete. You are responsible for installing and maintaining all devices and systems necessary to access DSC2U and for paying all charges related thereto.

SECURITY AND PASSWORDS

Access to DSC2U is enabled by usernames and passwords and additional security measures as may be implemented from time to time by DSC2U. You will choose your username and password when registering for access. You shall maintain your username and password and security questions and answers in strict confidence. In no event shall you share your username or password or security questions and answers with any third party or allow another person to access DSC2U using your username and password or security questions and answers. You shall immediately notify MGH if you have any reason to believe that your username, password or security questions and answers has been lost or compromised or misused in any way. You are fully and solely responsible for any and all use of DSC2U under your username and password.

NON-DISCLOSURE AND CONFIDENTIALITY

In using DSC2U, you will have access to confidential information of MGH and third parties ("Confidential Information") that may include software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, algorithms, ideas, functional specifications, technical materials and information, and related documentation.

During the term of this Agreement and thereafter, you agree not to disclose any Confidential Information to any third party except as permitted by this Agreement and by applicable law. Without limiting the foregoing, you agree to undertake all reasonable measures to ensure the privacy and security of all Confidential Information including without limitation: (i) not to access or use any Confidential Information that you have no legitimate authorization to access or use; (ii) not to access DSC2U or any Confidential Information for any other individual or any unauthorized third party. You acknowledge and agree that all obligations relating to Confidential Information under this Agreement will continue after termination of this Agreement and termination of access rights hereunder.

TERM; TERMINATION

MGH may terminate this Agreement and/or terminate or suspend your license and access to the DSC2U at any time and for any reason. MGH has the right to refuse to provide access to DSC2U to any person, agency or organization, or to prohibit any person, agency or organization from using DSC2U, at any time and for any reason. MGH reserves the right to change, suspend, or discontinue all or part of DSC2U, temporarily or permanently, without prior notice. We reserve the right to deactivate any account at any time, for any reason.

COPYRIGHT AND PROPRIETARY RIGHTS

You acknowledge and agree that DSC2U and the Confidential Information is the property of MGH or its licensors and are protected by United States and international copyright law, trademark law, and trade secret law, as well as other state, federal and international laws and regulations. Except as expressly provided in this Agreement, MGH does not grant any rights to you under any patents, copyrights, trademarks or trade secret information. Accordingly, unauthorized use of DSC2U or the Confidential Information may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights or other laws or regulations. The copying, redistribution, use or publication by you of any part of DSC2U or the Confidential Information is strictly prohibited; provided, that you may print, copy electronically, or download information from the Website for personal, non-commercial use only, provided you identify the source of the material and include a statement that the materials are protected by copyright law.

MGH shall have the right to use and incorporate into DSC2U any feedback and input provided by you, for any purpose, including the improvement of DSC2U and other research, educational and patient care purposes.

THIRD PARTY CONTENT

DSC2U may contain links to third party materials and third-party websites for your information and convenience. MGH is not responsible for the availability, accuracy, or content of any of those third-party materials or websites nor does it endorse them.

Certain information contained within or accessible through DSC2U may be provided by third parties. Prior to accessing this information, you may be asked to agree to additional terms and conditions provided by such third parties which govern access to and use of those materials.

RESEARCH AND LUMIND

We can share de-identified health information about you and your family member for research that is approved by a Partners Research Committee or its designee when written permission is not required by federal or state law. This also may include preparing for research or telling you about research studies in which you might be interested.

You may also from time to time receive communications through DSC2U alerting you to general research opportunities and specific research studies and other Partners programs and opportunities that may be of interest to you. Research is a key pillar of the Partners and MGH mission and is essential to providing our patients with innovative treatments and the best, most compassionate care available. Research-related communications are thoroughly vetted and approved by the relevant hospital committee that reviews all research involving patients, including how patients will be contacted and who may contact patients.

MGH has received support for the DSC2U program from the LuMind IDSC Down Syndrome Foundation (“LuMind”). Users of the DSC2U application who wish to receive additional information about LuMind and its programs will be presented with the option of sharing their contact information (name and email address) with LuMind. In addition, MGH may share de-identified DSC2U data with LuMind for the purposes of research, approved by a Partners Research Committee, or ideation of research topics as described above.

DISCLAIMERS

USE OF THE DSC2U WEBSITE DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP. DSC2U AND THE INFORMATION CONTAINED WITHIN THE WEBSITE IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT OF HEALTH CARE PROFESSIONALS IN DIAGNOSING AND TREATING PATIENTS. MGH DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY (INCLUDING DEATH) TO ANY PERSONS OR PROPERTY ARISING FROM ANY USE OF OR RELIANCE UPON ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION PROVIDED BY OR ACCESSED THROUGH DSC2U. MGH MAKES DSC2U AVAILABLE AS A HEALTH INFORMATION RESOURCE TO BE ACCESSED AT YOUR CONVENIENCE. DSC2U IS NOT TO BE USED IN EMERGENCY SITUATIONS. YOU SHOULD NOT RELY UPON DSC2U IF YOU HAVE IMMEDIATE HEALTH CONCERNS OR QUESTIONS. FOR ALL URGENT MEDICAL MATTERS, VISIT THE NEAREST EMERGENCY ROM OR DIAL 911 IMMEDIATELY.

ACCESS TO DSC2U AND THE INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MGH DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

MGH DOES NOT CONTROL THE DEVICES OR COMPUTERS OR THE WIRELESS NETWORK OR THE INTERNET OVER WHICH YOU MAY CHOOSE TO ENTER CONFIDENTIAL OR PERSONAL INFORMATION AND CANNOT, THEREFORE, PREVENT INTERCEPTIONS OR COMPROMISES TO YOUR INFORMATION WHILE IN TRANSIT TO PARTNERS. MGH MAKES NO GUARANTEE AS TO THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED TO OR FROM DSC2U.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL MGH OR ANY MGH AFFILIATE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF DSC2U, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MISCELLANEOUS

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its rules on conflicts or choice of law. You hereby consent to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts for the resolution of any dispute based upon or relating to this Agreement. This Agreement constitutes the sole agreement between you and MGH relating to your use and our provision of DSC2U and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or MGH. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by MGH of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties' respective successors and permitted assigns. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in a writing signed by the parties.

A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.