Website Terms of Use

This website and its contents are the property of the Health Industry Distributors Association (“HIDA”). This web page states the "Terms of Use" for the use of the www.hida.org, www.hidaams.org, www.hidashc.org and www.streamlininghealthcare.org websites (collectively the “Website”). Please also review our Privacy Statement. By using the Website, you agree to be bound by these Terms of Use. HIDA may revise these Terms of Use at any time by updating this posting.  The terms "You" and "User" are used to refer to anyone who is accessing the Website. If you are using the Website on behalf of a company or other legal entity, such entity may have a separate agreement with HIDA, but you are nevertheless individually bound by these Terms of Use.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

Ownership of Copyrights, Trademarks and Other Intellectual Property

The entire contents of the Website, including the text, graphics, images, logos, button icons, HTML code, and other "material" are copyrighted by HIDA under the copyright laws of the United States. User agrees not to remove or obscure copyright notices appearing on the Website. HIDA grants no copyright or ownership interests to User for any of the material and proprietary information referred to herein belonging to HIDA; limited use of the materials is permitted only as expressly stated in these Terms of Use  Permission to the Website content may be granted in special circumstances on a case-by-case basis. Please direct any request to use content to webteam@hida.org.

Below are selected permitted and prohibited uses of HIDA material that is posted at the Website.

Permitted Uses of Materials

  1. Anyone who is doing personal, noncommercial research may view, print material, and temporarily store materials from the Website, provided that HIDA's copyright notices are not removed and that the reuse of material does not conflict with any of the prohibited uses below.
  2. Any use other than as described in paragraph 1 above requires prior written permission from HIDA. Please direct any request by email to webteam@hida.org.
  3. User’s Link: you may link or post the link of the Website to any document or location. HIDA does not have any control over link(s) made to such document or location, and is not responsible for any of the content therein.

Prohibited Uses of Materials

  1. Except for the permitted uses above, User agrees not to reproduce, distribute, transmit (via print, fax, electronic, or other means), modify, alter, or create derivative works of the materials contained in the Website without prior written permission from HIDA.
  2. User agrees that materials may not be commercially exploited or sold to third parties without prior written authorization from HIDA.
  3. User agrees that materials may not be systematically stored on a server so as to substitute for the purchase of a subscription and/or license agreement to/for the materials.

Name and Logo

User agrees not to use the name of HIDA or its logos, including the Accredited in Medical Sales (AMS) logo for any promotional or commercial purpose or any other purpose without the prior written consent of HIDA. Upon request and subject to HIDA’s approval HIDA members in good standing and participants of the AMS program may use the HIDA logo and AMS logo.  Please direct any request to use HIDA’s logos by email to webteam@hida.org

Prohibited Uses of Website

User agrees not to post any false or inaccurate biographical information, delete or change any information posted by another person, and share User's password with any third-party. 

User agrees not to post material that is copyrighted without first obtaining proper written consent from the copyright owner.

Website Security

Interference with Website operation: User agrees to not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. User agrees to not attempt to interfere in any way with the operation of the Website, that User will not transmit any virus or worm to the Website, that User will not use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Website. User further agrees that User will not attempt to access data that is not intended for your use, that User will not attempt to log on to a server or account that User is not authorized to access, and that User will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

Alteration of Website content:  None of the material contained on the Website (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of HIDA.

Violation of Website security: Users are prohibited from violating or attempting to violate the security of the Website. This site has security measures in place to protect the loss, misuse, and alteration of the information under our control.  Please see our Privacy Statement for further details concerning the Website’s privacy practices.

Compliance: User agrees to comply with all applicable laws, as well as with these Terms of Use.  User agrees not to engage in any unlawful or commercial activity on the Website.

User Submissions
By voluntarily posting or providing information on the Website, User must grant, and User actually grants by agreeing to these Terms of Use, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up, and royalty-free right to HIDA the right to use and commercialize, in any way now known or in the future discovered, anything that you submit to HIDA, without further consent, notice and/or compensation to User or any third parties. In addition, by posting information on the Website, User grants any other user the right to access, display, view, store, and reproduce this material solely for their personal use.

By submitting any information to HIDA, you represent and warrant that the submission is accurate to your best knowledge, not confidential, and not in violation of any contractual restrictions or other third party rights. HIDA does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorses any opinions expressed by users.  User acknowledges that any reliance on material posted by other users will be at your own risk. HIDA is under no obligation to exercise control over any content you or others submit when using the website.

Registration and Password
Users are responsible for maintaining the confidentiality of their information and password. User is responsible for all use associated with User's registration and the compliance with all Terms of Use.  User agrees to immediately notify HIDA of any unauthorized use of your password or account or any other breach of security.

HIDA Membership Directory & Buyer’s Guide  

By using HIDA’s Membership Directory & Buyer’s Guide (Membership Directory), you hereby accept and agree to be bound by the following terms and conditions:  The HIDA Membership Directory and all content are proprietary to HIDA. The content of the Membership Directory may not, in whole or in part, be reproduced, republished, duplicated, disseminated, downloaded, entered into a computer database, used as part of or in connection with the preparation, revision, or confirmation of a commercial mailing, database, telephone, fax, email, or other marketing list, or otherwise utilized, in any form or manner or by any means, except for the user’s individual personal or professional use, or upon prior written permission by HIDA on a limited case-by-case basis. The presence of information about HIDA members in this Directory represents only that these individuals are members in good standing of the HIDA; it does not represent their consent to allow any other professional, personal, or commercial use of the Membership Directory information by third parties, or to receive any marketing or related communications, except that inquiries to obtain professional translation or interpretation services from potential customers or the public may be made directly to the members.

Termination of Account
HIDA reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to deletion of User's postings from the Website and immediate termination of User's registration with the Website or ability to access the Website and/or any other service provided to User by HIDA, upon any breach by User of these Terms of Use or if HIDA is unable to verify or authenticate any information User submits to the Website for registration.  HIDA shall not be liable to User nor any third party for any termination of User’s account or access to the Website.

Waiver of Liability
HIDA does not screen or censor User-generated content made available on the website. HIDA is NOT LIABLE for any content posted on the website. User assumes all risks associated with dealing with other users with whom User comes in contact through the Website.  Should a dispute arise between User and another user, User hereby agrees to release HIDA from all claims, demand, and damages associated with such a dispute.

IN NO EVENT SHALL HIDA OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HIDA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Warranties
THE CONTENT THAT IS POSTED ON THE WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.  HIDA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, THE MATERIAL OR OTHER POSTED CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  HIDA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF COPYRIGHT TO THE FULLEST EXTENT PERMITTED BY LAW. 

HIDA DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.  IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HIDA IS NOT RESPONSIBLE FOR THOSE COSTS.

Links to Other Sites
The Website may contain links to third-party websites.  These links are provided solely as a convenience to User and not as an endorsement by HIDA of the third-party or the contents of such third-party websites.  Because we do not have any control over such third-party websites, HIDA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites.  Linking to third-party websites is performed at User’s own risk.

 

Indemnity
User agrees to defend, indemnify, and hold harmless HIDA, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, resulting from your use of the Website or your breach of the Terms of Use, including, without limitation, your submission of content that violates third party rights or applicable law.  HIDA shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User's expense, in defending any such claim, suit or proceeding.

Foreign Access
If User accesses this website from outside the United States, User does so at User's own risk.  User agrees to comply with all applicable local rules and laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Governing Law
These Terms of Use are governed by laws of the Commonwealth of Virginia.  Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state or federal courts within the Commonwealth of Virginia.  If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

Please see our Privacy Statement for further details concerning the Website’s privacy practices.


Social Media Posting Guidelines


Thank you for following the Health Industry Distributors Association (“HIDA”) through our social media platforms. While visiting our LinkedIn, Twitter, Facebook, YouTube or Blog, please keep the following guidelines in mind:

HIDA Social Media Posting Guidelines

The creation of HIDA-labeled social media channels on third party social media websites, and any postings and comments therein, shall not contain or link to language or illustrations that:

  • Are libelous, defamatory, obscene, threatening, offensive, demeaning, derogatory, abusive, ad hominem, or off-topic;
  • Contain content that is confidential or proprietary to HIDA, its contributors, or affiliates;
  • Violate the Sherman Act or any other anti-trust laws;
  • Violate HIDA’s Antitrust Guidelines;
  • Are solely for commercial purposes;
  • Endorse any candidate or office holder or partisan political position;
  • Include spam or chain letters;
  • Violate third party’s right to privacy or any other applicable local, state, national, or international law; or
  • Degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification.

In addition, participants should keep the following in mind:

  • Don’t attack others. The discussions on the HIDA social media platforms are meant to stimulate conversation not to create contention. Let others have their say, just as you may.
  • Don't post commercial messages. Contact people directly with product and service information if you believe it would help them.
  • Use caution when discussing products. Information posted on any platform is available for all to see, and comments are subject to libel, slander, and antitrust laws.
  • Do not post anything that you would not want the world to see or that you would not want anyone to know came from you.
  • Please note carefully all items listed in the disclaimer and legal rules below, particularly regarding the copyright ownership of information posted to the HIDA community.
  • Remember that HIDA and other participants have the right to reproduce postings.
  • Send your message only to the most appropriate platforms. Do not spam several tools with the same message.

Keep in mind that information posted on these social media channels is available for all to see, and comments are subject to defamation, antitrust, and other laws. In addition, you agree that HIDA and other participants may reproduce your postings.

Authors who create, post and/or comment on HIDA-labeled social media channels shall:

  • Represent that they have the legal right to reproduce, adapt, display and distribute the material and that it does not infringe the copyright, trademark, patent trade secret or other intellectual property or proprietary rights of any other person or entity.
  • Include their name in the creation of social media channels and with each post or comment; anonymous activity is not permitted.
  • Certify that they are of legal age (18 or older).

The Legal Stuff

The opinions of HIDA social media channel creators, moderators, posters and commentators are their own, and not necessarily that of HIDA or its affiliates.

By posting material to HIDA-labeled social media, you grant to HIDA and the members of this community the nonexclusive, world-wide, transferable right and license to display, copy, publish, distribute, transmit, print, and use such information or other material in any way and in any medium, including but not limited to print or electronic form.

HIDA is not responsible for the content of third party social media websites and does not make any representations regarding the content or accuracy of materials on them.

Before posting on HIDA-labeled social media channels, please review and abide by the terms of use and privacy policy of the specific social media website.  HIDA will not be held liable for any injury resulting from such statements.  Violators of these guidelines will be removed as followers without notification. In the event that any inappropriate posting is brought to HIDA’s attention, HIDA will take all appropriate action. In addition, HIDA reserves the right to block any users who do not abide by these guidelines.

With these rules and guidelines in mind, happy posting!

Effective date: December 2017