Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
You must click the "I Agree" button to continue using this site.
By using the content in this site, you agree to the terms and conditions below. If you do not agree, you are prohibited from using this site. By clicking the "I Agree" button you, on behalf of yourself or your entity, as applicable, acknowledge and confirm that:
- You have read and understand all of the terms and conditions of this User Agreement;
- You agree to be bound by all of the terms and conditions of this User Agreement and acknowledge that this User Agreement is the legal equivalent of a signed, written contract between you and Comparion® Medical Analytics, Inc.;
- If you are accessing this site on behalf of an entity, you have full authority to bind your entity to all of the terms and conditions of this User Agreement. If you are unwilling to be bound by all the terms and conditions of this Agreement, including without limitation the preceding acknowledgement, do not select the "I Agree" button and do not continue to attempt to access this site.
RESTRICTIONS ON USE
Access to hospital and health system (hereinafter "provider") quality evaluations from www.carechex.com or www.ComparionAnalytics.com is intended solely for individual consumer use and may not be used for commercial applications by providers, purchasers, or other organizations without licensure of Comparion's CareChex® Media CareKit™.
All content relating to Comparion Medical Analytics, Inc.'s CareChex quality evaluations including, but not limited to, scores, ratings, and rankings are protected by U.S. and international copyright laws. Public reference to provider evaluations contained in the aforementioned sites, whether oral or written is strictly prohibited without express written consent of Comparion Medical Analytics, Inc.
Except as expressly permitted in this User Agreement or otherwise permitted by us in writing, you will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, disclose, publicly perform, publicly display, mirror, frame, create derivative works of, reverse engineer, decompile or disassemble, or use any aspect of these sites or any site content (including, but not limited to, any provider evaluations), in whole or in part, in any form or by any means. Without limiting the foregoing, except as expressly permitted by us in writing, you will not, directly or indirectly, use any of the site content: (a) for any purposes other than your personal, non-commercial evaluation of providers; (b) to compile lists of providers for commercial purposes; (c) to establish independent data files or compendiums of statistical information; or (d) in violation of any applicable laws or regulations. Please send an e-mail to info@ComparionAnalytics.com to receive additional information about the possibility of alternative arrangements regarding the site content. Further, you may not use any meta-tags or any other "hidden text" utilizing the name "Comparion Medical Analytics" or "CareChex" without our prior written permission. Any unauthorized use, disclosure or reproduction of any site content may violate copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights, or other laws or regulations. Please be advised that Comparion Medical Analytics, Inc. actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
NO MEDICAL ADVICE OR RECOMMENDATIONS
Comparion Medical Analytics, Inc. is not a provider referral service and does not recommend or endorse any particular provider. Instead, Comparion Medical Analytics, Inc. is an independent intermediary that provides selected information about providers. We do not offer advice regarding the quality or suitability of any particular provider for specific treatments or health conditions, and no information contained in these sites should be construed as medical advice. The provider quality rating information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific provider. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific provider.
Hence, you assume all responsibility in connection with choosing a provider, whether or not you obtained information about such providers on or through these sites. Comparion Medical Analytics, Inc. and its licensors, suppliers and affiliates (collectively, the "Affiliates"), and the directors, officers, agents, and representatives of each, assume no (and hereby disclaims all) responsibility or liability of any kind, for any advice, treatment or other services rendered by any provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.
The material in these sites could include technical inaccuracies or typographical errors. COMPARION MEDICAL ANALYTICS, INC. may make changes or improvements at any time. THE CONTENT IN THESE SITES IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. COMPARION MEDICAL ANALYTICS, INC. DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR USE. COMPARION MEDICAL ANALYTICS, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPARION MEDICAL ANALYTICS, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THESE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
These sites contain downloadable content as well as links to external sites. Comparion Medical Analytics, Inc. is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that Comparion Medical Analytics, Inc. cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through these sites, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
RESTRICTION OF LIABILITY
Comparion Medical Analytics, Inc. will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Comparion Medical Analytics, Inc. will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the content in these sites, even if there is negligence or Comparion Medical Analytics, Inc. or an authorized representative has been advised of the possibility of such damages, or both.
You will defend, indemnify, and hold harmless Comparion Medical Analytics, Inc. and our Affiliates, and our and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (a) your use of our sites, any site content, or any products or services obtained on or through our sites, (b) any arrangements you make based on information obtained on or through our sites, or (c) any breach by you of this User Agreement.
PROPRIETARY RIGHTS AND CONFIDENTIALITY
Except as explicitly provided in this User Agreement, all right, title and interest in and to the site content, including without limitation the graphical display of these sites and all provider scores, ratings, rankings and all intellectual property rights embodied therein, are the property of Comparion Medical Analytics, Inc. and/or our Affiliates. Content contained in our sites is protected by law, including, but not limited to, United States and international copyright law and trademark law, trade secret law, as well as other state, federal, and international laws and regulations.
Comparion Medical Analytics, Inc.'s provider quality evaluations contained in these sites constitute confidential and valuable proprietary compilations owned by Comparion Medical Analytics, Inc. You will protect the confidentiality of (and not disclose to any person) the provider quality evaluations derived by these sites by using at least the same degree of care as you use to protect your own confidential information, but no less than a reasonable degree of care. Your disclosure of information contained in these sites pursuant to a judicial or administrative order will not be deemed to be a breach of this User Agreement, provided you (a) provide timely written notice of such order to Comparion Medical Analytics, Inc. and (b) reasonably cooperate with Comparion Medical Analytics, Inc.'s efforts to contest or limit the scope of such order. Any breach of the foregoing confidentiality obligation will cause Comparion Medical Analytics, Inc. irreparable harm for which there is no adequate legal remedy. In the event of any actual or threatened breach of this Agreement, Comparion Medical Analytics, Inc. will be entitled to obtain injunctive and all other appropriate relief from a court of competent authority, without being required to: (a) show any actual damage or irreparable harm, (b) prove the inadequacy of its legal remedies, or (c) post any bond or other security.
The checkmark rating system (√++, √+, √, √-, √--) and attendant methodologies, as well as individual scores, ratings, and rankings of providers, are the property of Comparion Medical Analytics, Inc. and may not be reproduced, distributed, or otherwise used in any manner without our express written consent. Comparion® Medical Analytics, Inc., Comparion® Medical Analytics Logo, Promoting Excellence in Medical Care™, ComparionAnalytics.com, carechex.com™, the checkmark design and CareChex® Logo, America's Top Quality Providers™, CareChex® Medical Excellence Award™, CareChex® Patient Safety Award™, CareChex® Patient Satisfaction Award™, Hospital Quality Rating Analysis™, Physician Quality Rating Analysis™, and CareChex® Quality Rating System are service marks and trademarks of Comparion Medical Analytics, Inc. and may not be used in any manner (including, but not limited to, connection with re-publication or citation of provider quality evaluations) without the prior written permission of Comparion Medical Analytics, Inc. Other names and logos contained in these sites or in the site content are trademarks and service marks of third parties and may not be used without the permission of the trademark or service mark owner.
PERMISSION TO USE RECOMMENDATIONS
Any and all information, suggestions, feedback, ideas, concepts, comments, illustrations and other materials that you disclose or offer to us on or in connection with our sites or any site content (hereinafter "Recommendations") are submitted without any restrictions or expectation of confidentiality. You hereby assign to us without compensation or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Recommendations. You further agree that your Recommendations may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Recommendations on our sites or elsewhere by us, our assigns or others we have allowed to use your Recommendations. You will not assert any proprietary right or moral right of any kind with respect to any Recommendations.
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 Comparion Medical Analytics, 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.
Comparion Medical Analytics, Inc. reserves the right to view, monitor and record activity on our sites without notice to or permission from you. We may disclose any records, electronic communications, information, materials or other content of any kind (a) if we believe in good faith that the law or legal process requires it; (b) if such disclosure is necessary or appropriate to operate our sites; or (b) to protect our rights or property or the rights or property of our users and business partners. However, we are not responsible for screening, policing, editing or monitoring our sites.
Comparion Medical Analytics, Inc. is committed to complying with copyright and related laws, and expects all users of our sites to comply with these laws as well. Using our sites to transmit any content or to engage in any activity that infringes any copyright or any other right of a third party violates this User Agreement. You represent and warrant to Comparion Medical Analytics, Inc. that you own, or are otherwise lawfully authorized to use, any information, materials or other content that you transmit to or through our sites, and that the use of the same does not violate copyright or related laws and will not cause injury to any person or entity.
If notified of an allegation that our sites contain infringing, defamatory, damaging, illegal or offensive records, electronic communications, information, materials or other content, we may, but have no obligation to, investigate the allegation and determine in our sole discretion whether to remove or request the removal of the same from our sites. Notices to us regarding any alleged copyright infringement on our sites should be directed to Comparion Medical Analytics, Inc. at the following e-mail address: info@ComparionAnalytics.com.
Except as described otherwise, all content in Comparion Medical Analytics, Inc.'s sites are made available only to provide information about Comparion Medical Analytics, Inc. and its healthcare information services. Comparion Medical Analytics, Inc. controls and operates these sites from its headquarters in the United States of America and makes no representation that this content is appropriate or available for use in other locations. If you use these sites from other locations you are responsible for compliance with applicable local laws. Some software from these sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of ) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department's Specially Designated Nationals list, or (c) the US Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.
TERM AND TERMINATION
This User Agreement will take effect at the time you click "I Agree" 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.
These Terms and Conditions will be governed and interpreted pursuant to the laws of the State of South Carolina, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of our sites for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of our sites. Comparion Medical Analytics, Inc. can revise these Terms and Conditions at any time by updating this posting. Our sites may be linked to other sites which are not maintained by Comparion Medical Analytics, Inc. We are not responsible for the content of these sites. The inclusion of any link to such sites does not imply endorsement by Comparion Medical Analytics, Inc. of the sites.
If you have any questions about this User Agreement you may contact Comparion Medical Analytics, Inc. at info@ComparionAnalytics.com.
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