Terms of Service: User Agreement for Accessing and Using the Navigating the Health Care System Curriculum
The Nemours Foundation is the owner of “Navigating the Health Care System.” Navigating the Health Care System (Curriculum) is a four-module health literacy curriculum designed by Nemours Children’s Health System for use with high-school-aged adolescents in classroom and community settings. It is designed to prepare students to be responsible for managing their own health care as they transition into adulthood.
Inspired by the Curriculum’s strong evaluation outcomes, Nemours is seeking expansion partners to help bring the Curriculum to adolescents across the nation. The Nemours National Office of Policy & Prevention will serve as the COMPANY’s primary point of contact related to the work of this user agreement. Nemours is willing to grant you a non-exclusive license, at no cost, to use the Curriculum in the United States of America on the following terms and conditions:
This Agreement shall commence on the date you click to confirm you are accepting the terms and conditions of this Agreement. Either party may be terminated this Use Agreement at any time. Upon termination you will have no other rights to the Curriculum.
Nemours grants to you a non-exclusive, non-transferable, revocable, right and license to use the Curriculum, at no cost, in the United States of America. Your license will terminate upon the termination of this Agreement.
You acknowledge that Nemours is the sole owner of all rights in the Curriculum.
You agree that Nemours may use your email address to send updates and information related to the curriculum.
You are responsible for identifying sites, instructors and participants/students to use of the Curriculum; you are responsible for ensuring that all presenters have been trained using Nemours-provided training materials; and you are responsible for coordinating any presentations of Curriculum sessions with sites and instructors.
The following acknowledgement should be used as part of all publications and presentations related to use of Navigating the Health Care System Curriculum:
“Navigating the Health Care System is a four-module adolescent health literacy curriculum created by the Nemours Children’s Health System to be responsible for managing their own health care as they transition into adulthood. For more information please email NTHCS@nemours.org.”
You have the right to modify Navigating the Health Care System training and presentation materials. Given that Navigating the Health Care System is an evidence-based, research informed curriculum, should users modify content they are strongly encouraged to ensure that modifications are reflect current research and best practice. Users recognize that the positive results of Nemours’ evaluation were generated through use of the curriculum as provided, and that modification may result in different outcomes.
If modifications have been made Navigating the Health Care System training or presentation materials, all publications and presentations should clearly and consistently indicate that a modified version of the curriculum was utilized.
Each party shall indemnify the other party, and its officers, directors, employees and agents, from and against any and all losses and liabilities that may be claimed against or incurred by either party arising out of the other party’s performance or failure to perform under this Agreement.
NEMOURS SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES AS A RESULT OF THE BREACH OR CLAIMED BREACH OF THIS AGREEMENT, OR ANY WARRANTY, REPRESENTATION, COVENANT, OR OBLIGATION CONTAINED
Nothing in this Agreement shall be deemed to create an agency, partnership, or joint venture between you and Nemours.
This Agreement shall be enforced, governed by and construed in accordance with the law of the State of Delaware without regard to its conflict of law and choice of law rules. Each party hereby agrees to submit to jurisdiction of the state or federal courts situated in the State of Delaware.
All notices should be sent to the Office of Contract Administration at oca@nemours.org.
Neither Party shall be in breach or default for any delay or failure in performance under this Agreement where such delay or failure arises by reason of any natural disaster, power/electrical failure, acts of terror, labor disputes and similar events and occurrences beyond the reasonable control of the Parties.
It is not the purpose, nor is it a requirement of this Agreement or any other agreement between the parties to offer or receive any remuneration or inducement to encourage the referral of any patient.
Nemours is authorized to:
- Provide access to training and presentation materials to partners in an electronic format.
- Provide reasonable support to user community. Users with questions should email NTHCS@nemours.org for assistance.
- Make periodic upgrades to content and process based on feedback from the user community.
- Send periodic emails to the user community to share information related to Navigating the Health Care System. (User community emails will not be shared or used for purposes other than relating information related to Navigating the Health Care System.)
- Periodically invite members of the user community to share data and/or anecdotes related to their use of the curriculum.
- Nemours has the right to include user-submitted data and anecdotes in reports summarizing curriculum usage by expansion partners.
- Users must register on a Nemours-associated website to access the curriculum materials. Nemours has the right to include user-submitted registration data and anecdotes in reports summarizing curriculum usage by expansion partners. (Registration data includes: Username for Website, First Name, Last Name, Email, Organization, and State.)
- Nemours will comply with FERPA and COPA to the extent it applies.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. In the event there is a conflict between the terms of this Agreement and any attachments, the terms of this Agreement will control. This Agreement supersedes any and all other agreements, either oral or in writing, between Contractor and Nemours with respect to the subject matter herein. Nothing other than an express written amendment signed by all parties may modify any term of this Agreement. If your organization has a separate Memorandum of Understanding with The Nemours Foundation, any conflicts between this Use Agreement and the Memorandum of Understanding will be controlled by the Memorandum of Understanding.
By clicking the “Please indicate that you agree to the Terms of Service” box on the registration webpage, https://www.movinghealthcareupstream.org/sign-in-or-register/, I confirm that I have the authority to bind my organization, that I have read and understand the User Agreement, and that I agree to be bound by the Navigating the Health Care System Use Agreement.
