Terms of Use

Acceptance.  Use of the “Newborn Weight Tool” (“NEWT”) is subject to the terms of use herein (“Terms Of Use”).  By using NEWT, the person or entity making use of NEWT (“You”) hereby agrees to the Terms Of Use.

Restrictions on Use.  The Penn State Research Foundation (“PSRF”) provides NEWT as a resource to the community. You are granted a limited, non-transferable, non-exclusive license to use NEWT solely for personal, non-commercial purposes.  You may not modify, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works of NEWT, nor otherwise make copies of NEWT.  You may not reverse engineer, disassemble, or otherwise attempt to analyze the coding of NEWT.

Retention of Rights; No Other License.  All right, title, and ownership in and to NEWT and any derivatives thereof is retained by PSRF.  Other than the limited license provided herein, no other license, nor any right, title, or interest of any nature whatsoever in or to NEWT is granted, whether express, or by implication, estoppel, reliance, or otherwise.

Privacy. Neither The Pennsylvania State University (“Penn State”) nor Penn State Health collects any personally identifiable information such as name, address, medical records or email from You through Your use of NEWT.  If You choose to contact us online, the contact form asks for personal information to permit a response to Your inquiry.  Penn State’s use of such information is subject to the following privacy policy: pennstatehealth.org/privacy-legal-notices

Other Policy. Use of NEWT is subject to the following policies on accessibility and non-discrimination.

Compliance with Law.  You agree to use NEWT in compliance with all applicable laws and regulations.

Medical and FDA Disclaimer.  NEWT is intended to be used as a general reference aid and educational resource.  NEWT has not been evaluated by the Food and Drug Administration, and is not intended to diagnose, treat, cure, or prevent any disease or indication.  NEWT is not a substitute for professional medical advice, diagnosis or treatment, and may not account for certain individual patient characteristics (e.g., genomic profile, comorbidities, etc.).  Always consult a physician or other qualified healthcare provider with any questions You may have regarding diagnosis and treatment of any and all medical conditions and to obtain answers to health-related questions.  If You think You may have a medical emergency, seek immediate assistance from a medical professional.

Other Disclaimer. NEWT IS PROVIDED “AS IS”.  PSRF, PENN STATE AND PENN STATE HEALTH MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DISCLAIM ANY REPRESENTATION AND WARRANTY, INCLUDING WITH RESPECT TO ANY MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UTILITY, OPERABILITY, ABSENCE OF DEFECTS, COMPATABILITY, ANY OBLIGATION TO PROVIDE UPDATES OR TECHNICAL SUPPORT, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.

Liability and Indemnification. PSRF, Penn State, Penn State Health, and their respective trustees, directors, officers, employees, and affiliates are not liable for, and You assume all liability for, damages, liabilities, judgments, costs, fees (including attorney’s fees), and other losses which may arise from or be related to Your use of NEWT.  You agree to indemnify, defend, and hold harmless PSRF, Penn State, Penn State Health, and their respective trustees, directors, officers, employees, and affiliates from damages, liabilities, judgments, costs, fees (including attorney’s fees), and other losses which may arise from or be related to Your use of NEWT.  IN NO EVENT SHALL PSRF, PENN STATE, PENN STATE HEALTH, AND THEIR RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

Third Party Sites. LINKS PROVIDED IN THE WEBSITE WHICH HOSTS NEWT MAY DIRECT YOU TO WEBSITES CONTROLLED BY THIRD PARTIES (“LINKED SITES”). LINKED SITES ARE NOT UNDER THE CONTROL OF PSRF, PENN STATE, OR PENN STATE HEALTH, AND PSRF, PENN STATE AND PENN STATE HEALTH ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. LINKS ARE PROVIDED TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK TO A LINKED SITE DOES NOT IMPLY ENDORSEMENT BY PSRF, PENN STATE OR PENN STATE HEALTH.

No Use of Name.  You shall not use the names, trademarks, service marks, logos, or images (including any adaptation of the foregoing) of PSRF, Penn State, Penn State Health, or any of their employees, in any advertising, promotion, publicity, or sales literature without prior written consent.

Third Party Beneficiaries.  Penn State and Penn State Health are third party beneficiaries of these Terms Of Use.

Entire Agreement; Modification.  These Terms Of Use constitute the entire understanding and agreement pertaining to use of NEWT, and supersedes any and all prior communications, representations, agreements, or undertakings, whether oral, written, or otherwise.  PSRF may change these Terms Of Use at any time without prior notice to You.

Termination.  PSRF may terminate the granted license to NEWT under these Terms Of Use at its sole discretion at any time, without prior notice to You.  In such event, You must cease any further use of NEWT.

Severability.  If, for any reason, any part of these Terms Of Use are adjudicated invalid, unenforceable, or illegal by a court of competent jurisdiction, such adjudication shall not affect or impair, in whole or in part, the validity, enforceability, or legality of any remaining portions of these Terms Of Use.  All remaining portions shall remain in full force and effect as if the original Terms Of Use had been executed without the invalidated, unenforceable, or illegal part.

No Waiver.  Any failure to insist upon strict performance of any provision of these Terms of Use or to exercise any right arising out of Terms Of Use shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance.  Any waiver of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by the parties hereto.

Equitable Relief. You acknowledge that the remedies at law for a breach or threatened breach of these Terms Of Use would be inadequate and, in recognition of this fact, PSRF, in addition to all other remedies that may be available, shall be entitled to seek equitable relief in the form of a temporary restraining order, a temporary or permanent injunction, or any other equitable remedy in a court of competent jurisdiction that may then be available to preserve the status quo and prevent irreparable harm.

Governance.  These Terms Of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any choice of law or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania.  Any claims or controversies arising under these Terms Of Use shall be adjudicated in the Court of Common Pleas for Centre County, Pennsylvania or the United States District Court for the Middle District of Pennsylvania.