Best Hospital Advisor (BHA) January 2016.
1. Ratings and Conduct
a. This website provides you, among other things, with access to the results of the BHA Ratings and “Data, which have been derived from BHA Resources. You will be granted with access to this information as a user. You agree to use the website and its contents solely in accordance with this Agreement. You agree not to interrupt, or attempt to interrupt, the operation of the website or any part of it in any way.
b. You further agree that you will not (a) “frame” or “mirror” any part of the website without BHA’s prior written authorization or distribute any part of the website through an RSS or similar feed; (b) use the information on the website to engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any governmental regulations; (c) express or imply that any statements you make are endorsed by BHA, its affiliates or its members; (d) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents; or (e) harvest or collect information about website visitors.
2. Intellectual Property Rights
a. As between you and BHA, the Ratings, Data, and all Intellectual Property Rights (defined below) therein are owned by BHA. Users must not reproduce, republish, distribute, modify, reverse engineer or otherwise exploit the Ratings or Data in whole or in part, in any manner not expressly permitted by this Agreement o and must not remove or modify any copyright or trademark notice, or other notice of ownership. As between you and BHA, BHA will retain exclusive ownership of the Ratings, Data, and the ideas embodied therein, and if as a consumer you make any modification of the Ratings or Data in violation of this Agreement, you will, and hereby do, assign to BHA all of your rights, title, and interest in and to such modifications and all Intellectual Property Rights therein. You acknowledge that the Ratings and Data constitute the proprietary trade secrets of BHA. Users may not allow anyone other than themselves to access or use the Ratings and must not repost, retransmit or otherwise distribute the Ratings to any party. Licensees may not allow anyone other than primary users and replacements for primary users to access or use the Data.
b. All rights not explicitly granted to Users and licensees under this Agreement will remain with BHA. Unless explicitly stated herein, nothing in this Agreement will be construed as conferring any license to Intellectual Property Rights of BHA, whether by estoppel, implication, or otherwise.
c. “Intellectual Property Rights” means all intellectual property rights of any kind or nature however denominated throughout the world, including, without limitation all copyrights, patents, patent applications, trade secrets, inventions, proprietary know-how, registered and unregistered trademarks, registered and unregistered service marks, domain names, registered and unregistered trade names, rights of privacy and publicity, moral rights, and database rights.
3. Confidential and Proprietary Information
This website may disclose information, materials, and data that BHA considers confidential or proprietary. Such information, materials, and data include, but are not limited to, the Ratings, Data, any other data held to be confidential or proprietary (the “Confidential and Proprietary Information”). “Confidential and Proprietary Information” does not include any information that you can show through documentary evidence that (i) was generally available to the public from a source other than BHA; (ii) becomes known to you through a third party under no obligation of confidentiality; and/or (iii) is required to be disclosed by law, or court or government order. You agree that you will maintain the Confidential and Proprietary Information as confidential and will not copy, disclose to third parties, nor use the Confidential and Proprietary Information for any purpose other than as explicitly allowed in this Agreement.
4. Term and Access
This Agreement takes effect on the date you first access or use the Ratings. BHA reserves the right at any time in its sole discretion to terminate your access to the Ratings, with or without notice. Upon such termination for any reason, you will cease access to the Ratings and all of your rights herein will cease and at the request of BHA you will return or destroy all copies of any such content, including Confidential and Proprietary Information, in your possession and certify in writing to BHA that you have done so. Rights and obligations under this Agreement which by their nature are intended to survive the termination of your authorization to use the Ratings will remain in full effect after such termination, including without limitation those of Sections 2, 4, 6, 8, and 9.
You agree to defend and indemnify Best Hospital Advisor and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(i) your breach of this Agreement or the documents referenced herein;
(ii) your violation of any law or the rights of a third party; or
(iii) your use of this Website.
6. Disclaimer of Warranties
BHA WARRANTS THAT HOSPITAL DATA IS PROVIDED AND/OR COLLECTED VIA INTERNET AND SECURE WEB-BASED SURVEYS WITH THE KNOWLEDGE THAT THE DATA AND RATINGS WILL BE SHARED WITH THIRD PARTIES AND THAT THERE IS A FEE ASSOCIATED WITH THE USE OF THE DATA BY LICENSEES. NEITHER BHA NOR ITS AGENTS WILL HAVE ANY RESPONSIBILITY AND WILL BEAR NO LIABILITY WHATSOEVER WITH REGARD TO REPLACING, UPLOADING, OR CORRECTING ANY DATA OR RATINGS ONCE RELEASED. YOU ACKNOWLEDGE AND AGREE THAT, SINCE THE DATA AND RATINGS ARE BASED ON INFORMATION PROVIDED BY THIRD PARTIES, IT IS REASONABLE THAT THE DATA, RATINGS, AND ANY SERVICES PROVIDED UNDER THIS AGREEMENT MAY CONTAIN TECHNICAL OR OTHER INNACURACIES AND SHOULD BE USED FOR INFORMATIONAL PURPOSES ONLY. THE SITE MATERIALS MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THIS SITE; AND (B) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS SITE OR ANY SITE MATERIALS WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SITE MATERIALS IS ENTIRELY AT YOUR OWN RISK.
FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH HEALTHCARE PROVIDERS OR WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS SITE, AND YOU WILL LOOK SOLELY TO SUCH HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.
The Data and Ratings are not intended to be the only or primary means for your evaluation of the quality of hospitals and are not intended to be a substitute for professional medical advice, diagnosis or treatment, nor are they intended to be relied upon as advice or a recommendation, or an endorsement about which hospitals to use. Users are solely responsible for any and all decisions or actions with respect to your medical treatment. Neither BHA nor its affiliates are responsible for the quality of the medical treatment that users receive from any healthcare provider. Never disregard, avoid or delay in obtaining medical advice from your doctor or other healthcare professional because of something you have read on the website.
7. Limitation of Liability
TO THE FULL EXTENT PERMITTED BY LAW, BHA IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, OR PROFIT) ARISING OUT OF OR IN CONNECTION WITH A CONSUMER’S USE OF THE RATINGS, EVEN IF BHA HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN CONTRACT OR IN TORT.
To the extent that any jurisdiction does not allow the exclusion or limitation of indirect, incidental or consequential damages, portions of the above limitation or exclusion may not apply.
8. General Terms
a. Any express waiver or failure to exercise promptly any right under this Agreement in any particular circumstance does not constitute a waiver of its right to enforce this Agreement in any other circumstance, in any similar circumstance, or in any continuation or repetition of the circumstance in connection with which it has not previously enforced its right. If any part, term, or provision of this Agreement will be held void, illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions will not be affected hereby.
b. This Agreement, the rights and obligations hereunder, and any claims or disputes relating thereto, will be governed by and construed in accordance with the laws of the State of California without regard to the principles of conflicts of laws. Any claim, suit or action arising under or relating to this Agreement may be brought only in courts located within the State of California. The parties hereby agree that such courts will have exclusive personal and subject matter jurisdiction over any such claim, suit, or action. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION TO ENFORCE OR DEFEND ANY RIGHT UNDER THIS AGREEMENT OR ANY AMENDMENT, INSTRUMENT, DOCUMENT OR AGREEMENT DELIVERED OR TO BE DELIVERED IN CONNECTION WITH THIS AGREEMENT OR ARISING FROM ANY RELATIONSHIP EXISTING IN CONNECTION WITH THIS AGREEMENT, AND AGREE THAT ANY ACTION WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
c. This Agreement constitutes the entire agreement between you and BHA relating to this subject matter, and cancels and supersedes any prior versions of this Agreement. No modification to this Agreement will be binding, unless in writing and signed by an authorized BHA representative. You may not assign, sublicense, delegate or otherwise transfer this Agreement or any right granted hereunder.
9. Internet Confidentiality
Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While Crowd Ventures Inc. has endeavored to create secure and reliable sites, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither we nor our Affiliates are responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on our sites, or for the consequences of any reliance on such information. You must make your own determination as to these matters.
10. Links to Other Sites
This Site may contain links to other sites on the World Wide Web for the convenience of our users. These other sites have not been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, policies and practices of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other sites. Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any other site or site owner, or any information, products or services provided by any third party. When leaving this Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked site.
11. Term and Termination
This Agreement will take effect at the time you click "Register" or access, use or browse these sites or any site content. We reserve the right, at any time and for any reason, without notice to you, (a) to deny you access to these sites, any site content, or any portion thereof; (b) to change, remove or discontinue the sites or any portion thereof, or any of the site contents or services available on or through these sites; or (c) to terminate this User Agreement.
12. Google’s Terms of Service
By using Best Hospital Advisor, users are bound by Google’s Terms of Service.
13. Our Promise to You
We have made every effort to insure accuracy and fairness. If you see a mistake, let us know as soon as you can. We will make every effort to correct mistakes quickly. This Site should in no way be construed as offering medical advice. Our stated mission is to bring transparency to the health-care marketplace. Your decisions about treatment, providers and anything else belong strictly to you.