Effective 3/24/2022

The Stanford University (“Stanford” or “University”) School of Medicine’s California Maternal Quality Care Collaborative / California Perinatal Quality Care Collaborative (collectively, “Stanford CPQCC,” “we,” “us,” or “our”) appreciates your visit to our website.

These Terms of Use (“Terms”) set forth the basic terms and conditions that govern your visit to and use of Stanford CPQCC sites, including the sites and URLs listed below, and including all content, data, features, functionality, programs, applications, or services provided on or through the same (the “Content” and such sites, the “Sites”).  In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.

General

Please read these Terms carefully before accessing Content or participating in any chatroom, newsgroup, bulletin board, mailing list, website, transaction or other on-line forum available at the Sites. By using and participating in these Sites, you signify that you have read these terms and agree to be bound by and comply with them. If you do not agree to be bound by these terms, please promptly exit all sites. Stanford CPQCC reserves the right to modify these terms at any time and will publish notice of any such modifications on-line at this site or elsewhere on-line. By continuing to access a site after notice of such modifications has been published, you signify your agreement to be bound by them.

By accessing or using the Sites, you accept and agree to be bound and abide by these Terms and the Online Privacy Policy available at https://www.cpqcc.org/privacy, incorporated herein by reference, as applicable to you, us and the Sites. If you do not accept these you may not access, browse or use Content or the Site.

While accessing or using the Sites, you agree to comply with all applicable laws, rules and regulations, these Terms, and any other terms that govern the use of the applicable Site and any Content contained therein. In particular, but without limitation, you acknowledge and agree that use of the “NICU Data Center” sites is subject to your compliance with any applicable Participation Agreement, Business Associate Agreement, related services agreement, or other agreement entered into between us or our affiliates or partners, on the one hand, and you or your hospital, on the other hand (such agreement(s), “Participation Agreements”) which govern the use of certain protected or otherwise sensitive data or other Content on such Sites (such Content, “Participant Data”), and that in the event of any conflict between these Terms and such Participation Agreement(s), such Participation Agreement(s) shall govern.

In addition, some pages within a Site may contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these Terms and incorporated herein by reference. In particular, but without limitation, you acknowledge and agree that use of “Listserv” (as set forth above) is subject to your compliance with any applicable terms of use of certain Content on such Site required by third party host Discourse.org, and that use of https://ndc-ed.cpqcc.org/ (as set forth above) may contain supplemental terms and conditions and additional disclosure and disclaimers from third party host Coassemble.

Disclaimer

Sites may include unmoderated forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of these Sites, nor the links to other web sites, are screened, approved, reviewed or endorsed by Stanford University, the Stanford Alumni Association or any Stanford-affiliated entity. Stanford is not a publisher of any of the content of the unmoderated Sites, or of any content that may be available through links to and from them, and is acting solely as an internet service provider. 47 U.S.C. § 230(c)(1).

The text and other material on these unmoderated Sites are the opinion of the specific author and are not statements of advice, opinion, or information of Stanford. If you feel you might be offended by the content of the Sites, you should not continue.

Rules for Online Conduct

Stanford CPQCC has the right to remove material from the Sites, block access, or take other action with respect to the Content in its sole discretion, although Stanford CPQCC is under no obligation to do so. Your access to and use of the Sites is conditioned upon your compliance with the rules of conduct set forth in this section. Your failure to comply with any such rule may result in termination of your access to or use of the Sites (or any part thereof). You agree to use the Sites in accordance with all applicable laws. Because Stanford is a nonprofit, tax-exempt organization, you agree that you will not use the Sites for organized partisan political activities. You further agree that you will not e-mail or post any of the following content anywhere on the Site, or on any other Stanford computing resources:

  • Content that defames or threatens others
  • Harassing statements or content that violates federal or state law
  • Content that discusses illegal activities with the intent to commit them
  • Content that infringes another’s intellectual property, including, but not limited to, copyrights, trademarks or trade secrets
  • Material that contains obscene (i.e. pornographic) language or images
  • Advertising or any form of commercial solicitation
  • Content that is otherwise unlawful

Proprietary Rights

The Sites and Content are the property of Stanford or its affiliates, licensors or partners and are protected by intellectual property rights, including United States and international copyright, trademark patent and/or other proprietary rights and laws.  All trademarks and logos appearing on the Sites are the property of their respective owners.  We reserve all of our intellectual property rights in the Sites and Content, and do not grant you any license or right in or to any trademarks, logos or other intellectual property rights.  Except as expressly authorized in advance by us, you agree not to reproduce, copy, modify, republish, sell, transmit, distribute or create derivative works based on, all or any part of the Sites, Content or any materials made available through the Site or the intellectual property rights contained therein.

Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.

Stanford students using this Site are expected to abide by the Fundamental Standard which has set the standard of conduct for students at Stanford since 1896 and which provides:

Students at Stanford are expected to show both within and without the University such respect for order, morality, personal honor and the rights of others as is demanded of good citizens. Failure to do this will be sufficient cause for removal from the University. Stanford employees using this Site are expected to abide by the University Code of Conduct, Administrative Guide Memo 1.

Although Stanford does not routinely screen or monitor content posted by users to the Site, Stanford reserves the right to remove content which violates the above rules of which it becomes aware, but is under no obligation to do so. Finally, you agree that you will not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Sites.

Permission to Use Materials

In consideration for your agreement to the terms and conditions contained here, Stanford grants you a personal, non-exclusive, non-transferable license to access and use the Sites. User may download material from the Sites only for User’s own organizational, internal use. User may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. The burden of determining that use of any information, software or any other content on the Site is permissible rests with User. Notwithstanding the foregoing or anything to the contrary herein, you acknowledge that the applicable Participant Agreement between your organization and Stanford CPQCC solely governs use, rights and access to the Participant Data.

Limitation of Use

You may use Sites for legal purposes only. Furthermore, you agree that, if a third party claims that any material you have contributed to a Site is unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although Stanford does not monitor the content of the Sites, Stanford has the right to remove material from the Sites, block access, or take other action with respect to the Material in its sole discretion, although Stanford is under no obligation to do so. You may not use Stanford computing resources or Sites to disseminate unsolicited advertising or promotional material of any kind.

Links to Other Sites / Third Party Content

The Sites may contain links to websites and content owned, maintained or operated by third parties.  Stanford CPQCC is providing these links to you only as a convenience.  The Sites may include hyperlinks to websites maintained or controlled by others. Stanford CPQCC is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites. The inclusion of any link does not imply that Stanford CPQCC endorses any third-party website, content or third-party company or product.  You acknowledge that Stanford CPQCC does not have any control over the content of such third-party websites and assumes no responsibility whatsoever for the functionality of such websites or for the accuracy, integrity, quality, legality, usefulness or safety of any information presented at such other websites.  We have no obligation to monitor third party content, and we may, in our sole discretion, block or disable access to any third party content (in whole or part) via this Site at any time.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access other companies’ websites you do so at your own risk.

Sites may also include unmoderated forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Such Content are the opinion of the specific author and are not statements of advice, opinion, or information of Stanford CPQCC. If you feel you might be offended by such Content, you should not continue.

Choice of Law/Forum Selection/International Use

Sites are hosted by Stanford on computing resources located on the Stanford campus or elsewhere in the United States or, in the case of the education and list serv platforms, by third parties utilizing United States-based servers. You agree that any dispute arising out of or relating to these Terms or any content posted to a Site, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Santa Clara County, California as the legal forum for any such dispute.

Because the Sites may be accessible internationally, you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Sites. The information on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Stanford to any registration requirement within such jurisdiction or country.

Disclaimer of Warranty/Limitation of Liability

THESE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

Stanford does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of any Site, information obtained from a Site, or link to a Site. Stanford does not warrant that Sites will operate in an uninterrupted or error-free manner or that Sites are free of viruses or other harmful components. Use of information obtained from or through these Sites is at your own risk.

YOU AGREE THAT STANFORD WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE A SITE, OR TO YOUR PLACEMENT OF CONTENT ON A SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITE. IN PARTICULAR, STANFORD WILL HAVE NO LIABILTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE A SITE, OR ANY PURCHASES ON THIS SITE, OR YOUR PLACEMENT OF CONTENT ON A SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

STANFORD’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OF USE SHALL NOT EXCEED THE GREATER OF (I) $1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US FOR THIS SITE, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.

Stanford makes no representation regarding your ability to transmit and receive information from or through the Sites and you agree and acknowledge that your ability to access the Sites may be impaired. Stanford disclaims any and all liability resulting from or related to such events.

Trademarks

The logo, name and all graphics on the Sites of Stanford, Stanford Alumni Association (“SAA”), the Stanford Athletic Department, Stanford Hospital & Clinics and Lucile Packard Children’s Hospital at Stanford or any of their affiliates, are trademarks of Stanford or its affiliates. Use, reproduction, copying or redistribution of trademarks, without the written permission of Stanford or its affiliates, is prohibited. All other trademarks or service marks appearing on the Site are the marks of their respective owners.

Indemnification

You agree to indemnify and hold Stanford harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms, your use of a Site or your placement of any content onto a Site, and to fully cooperate in Stanford’s defense against any such claims.

Your Account

Certain of the Sites may require an account and password for access to Content.  If you use such a Site, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may purchase products or services only through a parent or guardian. You agree that billing and registration information you provide on the Sites will be accurate and complete. Stanford and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Termination

These Terms are effective unless and until terminated.  You may terminate these Terms at any time, provided that you discontinue any further use of the Sites.  We also may terminate these Terms, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Sites.  Termination shall not affect the respective rights and obligations of you or Stanford CPQCC arising before the date of termination.

Miscellaneous

You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our consent.  These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party.  These Terms, together with the Online Privacy Policy, Participation Agreement and Business Associate Agreement, contain the entire understanding of the parties with respect to the transactions and matters contemplated herein and supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement or written consents provided by us.  The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.  If any part of these Terms is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Change to these Terms

Stanford CPQCC reserves the right to change these Terms from time to time for any reason in our sole discretion and without prior notice. All changes are effective immediately when we post them to the Site and your continued use of the Site following the posting of revised Terms mean that you accept and agree to the changes; provided that any such changes shall only apply to your use of the Site after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through, signed agreement or otherwise.

Other

The Sites may contain errors and omissions relating to product description, pricing and availability. We reserve the right to correct errors or omissions without prior notice. We also reserve the right to cancel any offered product or service in the event of an error or omission in the description, including price, unavailability or other reason.

General

These Terms, together with the Online Privacy Policy, Participation Agreement and Business Associate Agreement, constitute the entire agreement between you and Stanford and its affiliates with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.

Copyright Complaints

Stanford respects the intellectual property rights of others. If you believe your copyright has been violated on a Stanford site, please give notice as stated under Reporting of Alleged Copyright Infringement.