Terms of Use

Effective as of July 2020

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as "you" or "user" or with "your") AND BUSINESS GROUP ON HEALTH (referenced herein as "BUSINESS GROUP") THAT APPLIES EACH TIME YOU USE OR ACCESS THE [http://www.businessgrouphealth.org] WEBSITE (referenced herein as the "BUSINESS GROUP Site"). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT ("TOU") AS THEY GOVERN YOUR USE OF THE BUSINESS GROUP SITE. IF YOU DO NOT AGREE TO THIS TOU, YOU ARE NOT PERMITTED TO USE OR OTHERWISE ACCESS THE BUSINESS GROUP SITE.

  • 1 | LICENSE GRANT. The BUSINESS GROUP Site is made available by the BUSINESS GROUP, and this TOU provides to you a personal, revocable, limited, non-exclusive, nontransferable, and nonsublicensable license to use the BUSINESS GROUP Site conditioned on your continued compliance with this TOU. You may print and download materials and information from the BUSINESS GROUP Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the BUSINESS GROUP Site or any materials through the BUSINESS GROUP Site for any commercial or unauthorized purposes. If you wish to make use of the BUSINESS GROUP Site other than as set out herein, you may contact the BUSINESS GROUP using the contact information set forth below.
  • 2 | LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale. The BUSINESS GROUP transfers no ownership or intellectual property interest or title in and to the BUSINESS GROUP Site to you or anyone else. Further, the BUSINESS GROUP reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the BUSINESS GROUP Site.
  • 3 | USER OBLIGATIONS. By accessing or using the BUSINESS GROUP Site, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the BUSINESS GROUP Site, including, without limitation, when you provide information via a BUSINESS GROUP Site registration or submission form. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the BUSINESS GROUP Site only with the involvement and acceptance of this TOU by a parent or legal guardian. If you are accessing or otherwise using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this TOU. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the BUSINESS GROUP Site. You also acknowledge and agree that use of the Internet and the BUSINESS GROUP Site is solely at your own risk.
  • 4 | ACCOUNT. Registration for access to and use of member areas or tools of the BUSINESS GROUP Site may require access credentials, such as a user name and password, or adherence to other particular access requirements as designated by the BUSINESS GROUP in its sole discretion from time to time. You hereby agree to consider and maintain your access credentials as the confidential information of the BUSINESS GROUP. You shall immediately notify the BUSINESS GROUP if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials.
  • 5 |  ACCEPTABLE USE POLICY. Please see the BUSINESS GROUP’s Acceptable Use Policy for the terms and conditions governing use of any discussion forum made available through the BUSINESS GROUP Site.
  • 6 | USER CONTRIBUTIONS.  The BUSINESS GROUP Site provides access to communication and other interactive features and functionality where you can share and exchange information or content (with such shared or exchanged information or content referenced collectively as “User Contribution(s)”). You agree that by using the BUSINESS GROUP Site you will not upload, post, display, or transmit any of the following:
  • 7 |  PERMISSION TO USE USER CONTRIBUTIONS. By submitting any type of a User Contribution(s), you automatically and hereby grant to the BUSINESS GROUP a perpetual, royalty-free, transferable, sublicensable, and non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such User Contribution, without additional approval or consideration, in furtherance of and in connection with the operation of the BUSINESS GROUP Site, and you hereby waive any claim to the contrary. You represent that you have all necessary rights to make a User Contribution(s) available to the BUSINESS GROUP, and you also acknowledge that the BUSINESS GROUP has no control over the extent to which any idea or information (in a User Contribution) may be used by any party or person once it's posted or displayed.
  • 8 |  NO PRE-SCREENING OF USER CONTRIBUTIONS. The BUSINESS GROUP is not responsible for pre-screening or editing your or any other user’s User Contributions and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any User Contributions. Moreover, the BUSINESS GROUP does not endorse, oppose, or edit any opinion or information provided by you or another user (unless separately and expressly provided by the BUSINESS GROUP) and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any User Contribution displayed, uploaded, or distributed by you or any other user. Nevertheless, the BUSINESS GROUP reserves the right to monitor, delete, access, read, preserve, disclose, or take other action with respect to User Contributions that the BUSINESS GROUP believes in good faith violates this TOU and/or is, or potentially, unlawful or harmful to the BUSINESS GROUP, its services, or goodwill. If you violate this TOU, the BUSINESS GROUP may, in its sole discretion, delete the unacceptable content from your User Contribution, remove or delete the User Contribution in its entirety, issue you a warning, and/or terminate your use of this BUSINESS GROUP Site.
  • 9 |  DMCA TAKEDOWN POLICY. It is the BUSINESS GROUP’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). The BUSINESS GROUP 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 the BUSINESS GROUP may contact the BUSINESS GROUP through their authorized agent and request that the infringing material be removed or access to it blocked. The BUSINESS GROUP's designated “Agents for Notice” of claims of copyright infringement can be reached as follows: Martha Shannon and Brenna Shebel; privacy@businessgrouphealth.org; 202-558-3000.
  • 10 |  PROPRIETARY RIGHTS. The BUSINESS GROUP Site is owned by Business Group on Health. Copyright 2015-2020 © Business Group on Health and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the BUSINESS GROUP Site, unless otherwise indicated, are owned by the BUSINESS GROUP and/or its licensors. The BUSINESS GROUP, the BUSINESS GROUP logo, and all other names, logos, and icons identifying the BUSINESS GROUP and its software, solutions, products, and services are proprietary trademarks of the BUSINESS GROUP, and any use of such marks without the express written permission of the BUSINESS GROUP is strictly prohibited. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
  • 11 |  OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to survey participation, payment, or participation in a program or event. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and other notices, terms, and conditions posted to the BUSINESS GROUP Site, the BUSINESS GROUP shall resolve any conflict in good faith in our sole discretion, but the latter terms shall generally control with respect to such payment or participation.
  • 12 |  FEEDBACK. The BUSINESS GROUP welcomes your feedback and suggestions about the BUSINESS GROUP’s mission, services, tools, or with respect to how to improve the BUSINESS GROUP Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to the BUSINESS GROUP, you represent and warrant that you own all rights to such Feedback and the Feedback does not infringe the rights of any third party. In addition, the submission of Feedback will include an irrevocable, perpetual, royalty-free license for the BUSINESS GROUP to use such Feedback in any manner, for any purpose in furtherance of the BUSINESS GROUP’s mission, and in any medium.
  • 13 |  PRIVACY POLICY. Please see the BUSINESS GROUP’s Privacy Policy for a summary of the BUSINESS GROUP’s personally identifiable information collection and use practices. You further agree that any such notices, agreements, disclosures, or other communications that the BUSINESS GROUP sends you electronically (using the contact information you provide through the BUSINESS GROUP Site) will satisfy any legal communication requirements.
  • 14 |  LINKS TO OTHER SITES. The BUSINESS GROUP may provide links, in its sole discretion, to other third-party websites and/or provide access to social media platforms. Such other sites, including social media platforms, are maintained by third parties over which the BUSINESS GROUP exercises no control. These links do not imply an endorsement with respect to any third party or the information, products, or services provided by any third party unless the BUSINESS GROUP expressly states otherwise.
  • 15 |  DISCLAIMER. THE BUSINESS GROUP SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. THE BUSINESS GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE BUSINESS GROUP ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION OR SERVICES PROVIDED BY OR AVAILABLE THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION ACCESS TO OUR USE OF ANY THIRD-PARTY CONTENT OR SITES.
  • 16 |  LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE THE BUSINESS GROUP FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND THE BUSINESS GROUP’S CONTROL. MOREOVER, IN NO EVENT SHALL THE BUSINESS GROUP BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE BUSINESS GROUP SITE OR WITH THE DELAY OR INABILITY TO USE THE BUSINESS GROUP SITE, EVEN IF THE BUSINESS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF THE BUSINESS GROUP FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE BUSINESS GROUP SITE AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE BUSINESS GROUP SITE WHATSOEVER FOR AN AMOUNT NOT EXCEEDING ONE HUNDRED ($100) DOLLARS.
  • 17 |  ENFORCING SECURITY. The BUSINESS GROUP wishes to keep the BUSINESS GROUP Site as a safe and productive resource. You therefore may not use the Site or any of the BUSINESS GROUP’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. The BUSINESS GROUP reserves the right to view, monitor, and/or record activity on the BUSINESS GROUP Site in order to maintain security of the Site. Such recorded activity is subject to review by law enforcement organizations. The BUSINESS GROUP will also comply with all court orders or subpoenas involving requests for information. The BUSINESS GROUP reserves the right at any time to suspend or terminate operation of or access to the Site or any portion of the Site.
  • 18 |  INJUNCTIVE RELIEF. You agree that the BUSINESS GROUP shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that the BUSINESS GROUP post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to the BUSINESS GROUP to enforce any provision of this TOU.
  • 19 |  TERM AND TERMINATION. This TOU will take effect (or re-take effect) at the moment you check the box certifying that You have read, understand, and agree to abide by the terms and conditions of the BUSINESS GROUP Site, register, respond through the BUSINESS GROUP Site to a request for information, and/or begin downloading, accessing, or using the BUSINESS GROUP Site, whichever is earliest. The BUSINESS GROUP reserves the right at any time and on reasonable grounds to deny your access to the BUSINESS GROUP Site or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the BUSINESS GROUP Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the BUSINESS GROUP Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the BUSINESS GROUP Site in your possession. The provisions concerning the BUSINESS GROUP’s proprietary rights, Feedback, disclaimers (of warranty), limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason
  • 20 |  GOVERNING LAW. The BUSINESS GROUP Site is controlled and operated by the BUSINESS GROUP from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of District of Columbia as applied to agreements entered into and completely performed in the District of Columbia. Any action to enforce this TOU will be brought in the courts presiding in the District of Columbia, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Access to the BUSINESS GROUP Site may not be legal by certain persons or in certain countries. If you access the BUSINESS GROUP Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings.
  • 21 |  WAIVER and SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by the BUSINESS GROUP of any right under this TOU 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. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
  • 22 |  ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and the BUSINESS GROUP as a result of this TOU or your utilization of the BUSINESS GROUP Site. This TOU represents the entire agreement between you and the BUSINESS GROUP with respect to use of the BUSINESS GROUP Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the BUSINESS GROUP with respect to the BUSINESS GROUP Site. You may not assign or transfer any rights under this TOU without the prior written consent of the BUSINESS GROUP. Please note that the BUSINESS GROUP reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, the BUSINESS GROUP may add, modify, or delete any aspect, program, or feature of the BUSINESS GROUP Site, but the BUSINESS GROUP is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the BUSINESS GROUP Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.
  • 23 |  CONTACT INFORMATION. If you have questions regarding the BUSINESS GROUP Site or if you are interested in obtaining more information concerning the BUSINESS GROUP, please contact the BUSINESS GROUP ON HEALTH, 20 F Street NW, Washington, DC 20001, (202) 558-3000 (phone), or privacy@businessgrouphealth.org (e-mail).