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1. Consent to Use

The following terms and conditions (“Terms of Use”) govern the use of all services provided by Medication for Addiction Treatment & Electronic Referrals, as a division of University Emergency Medical Services, Inc. (“MATTERS”), through all modes including but not limited to the MATTERS platform, website, and mobile application (the “Platforms”). A person or entity using the Platforms and the Services (defined below) is known as the User. By accessing, viewing, or using the Platforms, there is an understanding and intention for these Terms of Use to be the legal equivalent of a signed, written, and equally binding contract. That means the User accepts such Terms of Use and agrees to be legally bound by them. If User is not in agreement with these Terms of Use, User should not use the Platforms. MATTERS reserves the right to terminate access to the Platforms in the event that the Terms of Use are violated, or for any reason whatever.

2. Code of Conduct (Disengagement Policy)

At all times when utilizing the Platforms or interacting with MATTERS staff, partners, affiliates, business associates, or other patients, conduct must be respectful, ethical, and pose no safety risk. Any behavior that is perceived by MATTERS as disrespectful, abusive, or threatening will not be tolerated and may result in the permanent or temporary discontinuation of Services (defined below), communication, or both via the Platforms or any other method (e.g. phone).

3. Proprietary Rights

All material contained in the Platforms is protected by law, including but not limited to, United States copyright law. MATTERS is the copyright owner of all of its content (including images, text and look and feel attributes) of mattersnetwork.org, mattersgetlinked.org, mattersgetlinked.com, mattersnetwork.com, and newyorkmatters.org, and reserves all rights in that regard. Any commercial use of the Platforms’ content is prohibited without the prior written consent of MATTERS. Except as indicated, MATTERS owns all trademarks, service marks, or other logos featured on the Platforms. Use or misuse of these trademarks, service marks, or logos is expressly prohibited and may violate federal and state law.

4. Privacy Statement

All personal information that you provide on the Platforms is handled and protected as set forth in MATTERS’ Privacy Policy.

5. No Medical Services or Advice

Except as set forth in Section 14 below, nothing contained, expressed or implied in the Platforms is intended as nor shall be construed as medical advice. No doctor-patient relationship is established by reason of use of the Platforms.

Separate from MATTERS, University Emergency Medical Services, Inc. (“UEMS”), through its other divisions (e.g. Telemedicine), provides health care. When UEMS provides such services to User, a doctor-patient relationship is established.

6. Corrections and Changes

The Platforms may be interrupted, suspended, terminated or otherwise unavailable from time to time for any reason including, without limitation, routine maintenance. MATTERS cannot assume responsibility for any errors or omissions in the Platforms. MATTERS further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Platforms. MATTERS may make changes to the Platforms including products or Services (defined below) at any time without notice and makes no commitment to update the information contained herein.

7. Use of the Internet

Use of the Internet is solely at the User’s risk and is subject to all applicable state, national and international laws and regulations. Neither MATTERS nor its partners and affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other connectivity problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

8. Communications

MATTERS provides Users with the opportunity to interact with it through different types of communication methods including but not limited to phone, text (SMS/MMS), email, facsimile, and mail (“Communications”), for the purposes of linkage to treatment, post-referral engagement, harm reduction supplies distribution and services, training and education, research, and general marketing (“Services”). Notifications may include protected health information (“PHI”) required to provide Services or for voluntary testimonials.

  • User-specific communications and outreach for Services. By utilizing the Platforms the User expressly agrees to receive Services-related personalized Communications from MATTERS staff, partners, and business associates. Communication may include but is not limited to appointment reminders, post-referral engagement, quality assurance/improvement efforts (e.g. satisfaction surveys), and voluntary testimonials. If the User choses to provide another person’s contact information in place of their own for whatever reason, the User understands that MATTERS will still only communicate with them but that automated Communications, which may contain PHI, will be sent to the contact provided. Communication will be sent to the number provided even if that number is on the Do Not Call Registry. For all Communications, the User agrees to be bound by these Terms of Use and the MATTERS Privacy Policy.
  • General marketing. By utilizing the Platforms the User expressly agrees to receive Communications that may be automated or promotional in nature. If the User chooses to provide another person’s contact information in place of their own for whatever reason, they acknowledge Communications will be sent to the contact provided. Communication will be sent to the number provided even if that number is on the Do Not Call Registry. For all Communications, the User agrees to be bound by these Terms of Use and the MATTERS Privacy Policy.

9. User Generated Content

By posting or submitting content into the Platforms (“User Generated Content”), the User expressly agrees not to submit User Generated Content which: (i) is harmful, inaccurate, threatening, abusive, harassing, tortious, deceptive, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy or other rights, hateful or otherwise objectionable; (ii) violates any law, regulation or right of any third party, including without limitation, copyright, trademark, patent, privacy or publicity rights or any other proprietary rights; and/or (iii) contains malware, commercial solicitations, political campaigning, mass mailings or “spam” of any kind. The User acknowledges and agrees that MATTERS has the right to do any or all of the following at any time: (i) monitor User Generated Content; (ii) remove or refuse to publish any User Generated Content; and/or (iii) disclose User Generated Content to any third party, and the circumstances surrounding submission.

The User is responsible for ensuring they have the rights to grant the license described in these Terms of Use and for MATTERS to post the User Generated Content, including, but not limited to, any copyright rights to images or other content, and the right to publish the images of people, landscapes and/or other creative works within the User Generated Content. When User Generated Content is posted or submitted, the User grants to MATTERS a non-exclusive, fully paid-up, perpetual, worldwide, irrevocable, royalty-free, transferable and sub-licensable right and license to use, display, disclose, perform, reproduce, transmit, copy, modify, delete, adapt, publish, translate, creative derivative works from, sell and distribute such User Generated Content and to incorporate the User Generated Content into any form, product, marketing, medium or technology, now known or hereafter developed, throughout the world, all without compensation to the User. To the extent that a photo, name, username, nickname, or other personal identifiable information is submitted along with the User Generated Content, the User represents it is an accurate representation and grants MATTERS the right to use such personal identifiable information, or portion thereof, with such User Generated Content. The User agrees to indemnify MATTERS for any claims arising out of their breach of the Terms of Use or in connection with User Generated Content.

MATTERS does not endorse or take responsibility for the opinions, advice, information or statements made by third-party visitors to its Platforms, whether through User Generated Content or otherwise.

10. Prohibitions of Use

When using the Platforms or content contained on the Platforms, the User agrees NOT to do any of following: (i) access, tamper with, or use any non-public areas of the Platforms or MATTERS’ computer systems, (ii) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures, (iii) attempt to access or search the Platforms or content with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by MATTERS or other generally available third party web browsers, (iv) send unsolicited email, junk mail, “spam,” promotional or advertising for products or services, or chain letter, (v) use the Platforms or content to send altered, deceptive or false source-identifying information, (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platforms or content, (vii) interfere with, or attempt to interfere with, the access of any User, host or network, including without limitation sending a virus, overloading, flooding, spamming, or mail-bombing the site, or (viii) use the Platforms or content in any way that violates any applicable law, statute, ordinance or regulation (including but not limited to those pertaining to consumer protection, unfair competition, anti-discrimination, false advertising or export control).

11. Restrictions on Use of Platform Content

MATTERS’ content on the Platforms may be accessed, downloaded, or printed for non-commercial, educational use only. Notwithstanding the above, organizations that refer patients to treatment organizations, and treatment organizations, may access the Platforms for the purpose of referring and treating patients, including any User. The User agrees not to change or delete any copyright or proprietary notice from materials downloaded from the Platforms or any site accessible through the Platforms. Without the prior written permission of MATTERS, the User may not publish, copy, reproduce, distribute, transfer, upload, post, transmit, or otherwise use any content contained on this site, or any content accessible through the Platforms, in whole or in part.

12. Links to Other Websites

The Platforms may, from time to time, contain links to other internet websites for the convenience of Users in locating information and services that may be of interest. Platform Users acknowledge that these third-party sites are maintained by persons or organizations over which MATTERS exercises no control, and MATTERS expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. MATTERS does not control, endorse, promote, or have any affiliation with any other website unless expressly stated in the Platforms, and the User is subject to the privacy practices of those third parties when using their services.

13. Indemnification

The User agrees to defend, indemnify, and hold harmless MATTERS, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from the use of the Platforms and any breach of these Terms of Use.

14. General Disclaimer

Nothing on the Platforms is intended to be used for medical diagnosis or treatment by MATTERS. The User, if an individual, should not disregard medical advice from a qualified medical professional because of something read on the Platforms. The Platforms and its health-related information and resources are not intended, and must not be taken, to be the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care, provided. However, separate from MATTERS, UEMS, through its other divisions (e.g. Telemedicine), may provide medical diagnosis and treatment for the User, if an individual.

IN THE CASE OF A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. IN THE CASE OF A MENTAL HAELTH CRISIS, CALL 988 IMMEDIATELY.

15. Disclaimer of Warranty and Liability

USE OF THE PLATFORMS IS ENTIRELY AT THE USER’S OWN RISK. NEITHER MATTERS NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MATTERS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF MATTERS TO YOU EXCEED THE PRICE PAID FOR USE OF THE SITE.

16. Cancellation

The User may opt out of participation in Services at any time by submitting a request through the “Contact Us” section of mattersnetwork.org or by calling 765-MATTERS (765-628-8377).

17. Notices and Consents

Any notices or submissions to MATTERS that are required by these Terms of Use shall be submitted to the “Contact Us” section of mattersnetwork.org or by calling 765-MATTERS (765-628-8377).

18. Governing Law and Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without reference to its choice of law rules. By accessing, viewing, or using the content on the Platforms, you consent to the jurisdiction of the federal and state courts presiding in Erie County, New York, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

18. Summary

These Terms of Use, along with the MATTERS Expectations (see Exhibit A), constitute the entire agreement between the User and MATTERS with respect to use of the Platforms. If any part of these Terms of Use is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. The User acknowledges that, in providing access to and use of the Platforms, MATTERS has relied on the User’s agreement to be legally bound by these Terms of Use.