Honoring Choices Massachusetts Terms of Use

 

The Honoring Choices Massachusetts, (“Honoring Choices”) website, materials, documents and programs are maintained and offered exclusively for informational purposes. Using the information on the website, materials, documents and programs is purely voluntary. We are not responsible for any consequences arising from your or other person’s reliance on the content posted on the website, materials, and documents and using or participating in the programs.

The information contained in the website, materials, documents and programs does not constitute legal advice, nor is it a substitute for legal advice. Users of the website, materials documents and programs who suspect or have a legal problem or have a legal question about their rights and responsibilities should always consult an attorney for legal advice to your specific problem. Viewing or using the information in the website, documents, material and programs does not intend to and does not create an attorney-client relationship.

The information contained in the website, materials, documents and programs does not constitute medical advice, nor is it a substitute for medical advice. Users of the website, materials, documents and programs who suspect or have a medical problem or have a medical related question should always consult their doctor for medical advice to your specific problem. Honoring Choices under no circumstances recommends a particular treatment, test, facility or medical provider or course of action for specific individuals.

Honoring Choices under no circumstances requires a course of action for a competent adult, health care agent or guardian in making choices or preferences about health care decisions. We fully recognize an individual’s right to choose to use or not use advance care and current planning documents, and an individual’s right to accept and refuse medical treatment according to the laws in the Commonwealth of Massachusetts. We recognize every competent adult’s right to explore their medical care options and make individual decisions and a personal health care plan that reflects their rights, values, choices and preferences. Any community groups, care professionals, health care organizations and other Honoring Choices Community Partners who do not support the rights of an adult in accordance with Massachusetts law will immediately cease to be an Honoring Choices Community Partner.

We provide the Honoring Choices website, materials, documents and programs “as-is,” “with all faults” and “as available”. We do not guarantee the accuracy of the information available or that the three step planning process will guarantee or warrant the delivery of quality, person centered care. The information in the website materials, documents and programs may not indicate the current state of the law, as the law will change or be revised periodically. Honoring Choices does not promise the information on its website, materials, documents or programs will be error-free and is not liable for the use or interpretation of information, and expressly disclaims all liability for any actions taken by any person using the Honoring Choices website, materials, documents or programs. All express or implied warranties are disclaimed with respect to the availability, functionality or accuracy of the website, materials, documents and programs. The information on this web site is consistent with Massachusetts law.

The Honoring Choices Health Care Proxy Instructions and Form in the English language is a simple legal document drafted in accordance with Massachusetts G.L. ch 201D. Its use is purely voluntary.  Honoring Choices does not promise the information is error-free and is not liable for any consequences arising from an individual’s reliance on the content or the use or interpretation of information, and expressly disclaims all liability for any actions taken by any person using the Honoring Choices Massachusetts documents. The Honoring Choices Health Care Proxy Instructions and Form is translated into Spanish, Vietnamese, Brazilian Portuguese, Russian, Chinese, Khmer, Arabic, Haitian Creole, and Albanian language, originally published in English and drafted to be consistent with the requirements as set forth in GL ch. 201D.  Use of the documents is purely voluntary. While every effort has been made to provide an accurate translation to the best of our ability, Honoring Choices Massachusetts does not promise the information is error-free and is not liable for any consequences arising from an individual’s reliance on the content or the use or interpretation of information, and expressly disclaims all liability for any actions taken by any person using the Honoring Choices Massachusetts documents.

Honoring Choices offers the Health Care Proxy Instructions and Form in all languages at no cost to the consumers, the Community and Alliance Partners, and the general public. These documents may not be resold. Honoring Choices grants permission to download and print and reproduce each document in its entirety, so long as the source and footnotes are shown. Users who access the website, materials, documents and programs are responsible for complying with their local laws and regulations in their jurisdictions or countries.

The Honoring Choices Personal Directive Instructions and Form is a simple personal document drafted in accordance with the laws of Massachusetts. Its use is purely voluntary.  Honoring Choices does not promise the information is error-free and is not liable for any consequences arising from an individual’s reliance on the content or the use or interpretation of information, and expressly disclaims all liability for any actions taken by any person using the Honoring Choices documents. Honoring Choices offers the Personal Directive Instructions and Form at no cost to the consumer, our Partners, and the general public. This document may not be resold. Honoring Choices grants permission to download and print and reproduce the document in its entirety, so long as the source and footnotes are shown.  Users who access the website, materials, documents and programs are responsible for complying with their local laws and regulations in their jurisdictions or countries.

Honoring Choices Massachusetts partners with community groups, professionals and health care providers, and others referred to as Honoring Choices Community Partners (“Community Partners”).  Community Partners are bound by the terms and conditions contained in the Honoring Choices Community Partner Agreement. Honoring Choices co-brands original copyrighted documents and materials with Community Partners by supplying a co-branded pdf copy containing the Community Partner’s logo. Honoring Choices grants Community Partners a non-exclusive royalty free license to use the pdf co-branded documents and materials on condition that they are used “as is” in their entirety showing the source and footer information. Any changes to the co-branded documents and materials must have prior written approval from Honoring Choices. A Community Partner has no right to sub-license the documents and materials. If the Community Partner ceases to be a Partner, this license automatically terminates.

Honoring Choices Massachusetts does not recommend, refer to, or endorse a contributing third party, Community Partner or Collaborating Member. The third party websites, Community Partners, Collaborating Member’s websites, and information from contributors and their business or organizations appear on the website, materials and programs solely as an informational resource. The listing of the third party, Community Partner, Collaborating Member and contributor’s website does not imply a referral recommendation, or endorsement of the firm, group, agency or organization.  Visitors and users of the Honoring Choices Massachusetts website, materials or programs must contact a third party website, Community Partner, Collaborating Member, or contributors to determine whether their information or service is appropriate for the individual visitor or user. Honoring Choices Massachusetts has no control over a third party, Community Partner, Collaborating Members or contributor’s website’s information or content, may not share its opinions, and is not responsible or liable for its content. Honoring Choices Massachusetts does not endorse or warrant programs and devices that connect with us social media such as Facebook or Twitter.

Users contributing content, photos, personal stories, blog or any other submissions to the website, material and programs agree to grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post on or in connection with our website, materials and programs. If you share content on the website that infringes on the privacy or publicity rights of other individuals you are in breach this contract. You represent and warrant that you have all the rights necessary to provide content, photos, personal stories and blog or any other submission to the website. You represent and warrant that you have the written consent of any individual who is part of your content, photo or any submission prior to posting it on our website. We reserve the right to cancel your content, photos or any submission at any time if you breach this contract or for other reasons in our sole discretion.

NEITHER HONORING CHOICES MASSACHUSETTS NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, MATERIALS, DOCUMENTS, AND PROGRAMS SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USERS’ ACCESS, USE, OR INABILITY TO USE THE SITE, MATERIALS AND PROGRAMS OR ANY WEBSITES LINKED TO THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE, MATERIALS AND PROGRAMS IS TO CEASE TO USE THE SITE, MATERIALS AND PROGRAMS. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. SOME OR ALL OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IF YOUR STATE, PROVINCE, OR COUNTRY DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES.

The Honoring Choices Massachusetts website, materials, documents and programs and these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the laws of the Commonwealth of Massachusetts without giving effect to any principles of conflicts of laws. We make no representation that the website, materials and programs are appropriate or available for use outside of the Commonwealth of Massachusetts. Venue with respect to any dispute (not subject to arbitration as provided below) between you and Honoring Choices Massachusetts will rest exclusively in the state or federal courts located in Massachusetts, unless such venue would deprive you of any remedy, at law or in equity, which would otherwise be available in your state of residence. You shall first contact us at info@honoringchoicesmass.com regarding any claim or controversy arising out of or relating to these Terms of Use, except such claims or controversies for which injunctive relief is available, that cannot be resolved by mediation within 30 days shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree that, by accepting these Terms of Use, you and Honoring Choices Massachusetts are each waiving the right to a trial by jury or to participate in a class action. These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.

Effective Date: September 9, 2013