This Agreement governs your access to and use of this Website and the Content and constitutes a binding agreement between you and HealthGrades. Please note that we reserve the right, at our sole discretion, to change this Agreement from time to time. Your continued use of this Website or any Content after any such change takes effect will be deemed to constitute your acceptance of and agreement to the new Agreement. We reserve the right, at any time and for any reason, without notice to you, to (i) deny you access to this Website, any Content, or any portion thereof, (ii) change, remove or discontinue this Website or any portion thereof, or any of the Content available on or through this Website or (iii) terminate this Agreement. In the event of termination, Sections 1, 2, 3, 4, 5, 7, 8, 10, 11, 12, 13, 14, 15, 16 and 18 of this Agreement will survive.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, USING OR BROWSING THIS WEBSITE OR ANY CONTENT. BY SELECTING THE 'ACCEPT' BUTTON, OR BY ACCESSING, USING OR BROWSING THIS WEBSITE OR ANY CONTENT, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE AND CONFIRM THAT: (1) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (2) YOU OR YOUR ENTITY, AS APPLICABLE, AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACKNOWLEDGE THAT THIS AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN HEALTHGRADES AND YOU OR YOUR ENTITY, AS APPLICABLE; AND (3) IF ACCESSING, USING OR BROWSING THIS SITE ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU OR YOUR ENTITY, AS APPLICABLE, ARE NOT WILLING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT AND AGREEMENT, THEN SELECT THE 'DECLINE' BUTTON AT THE BOTTOM OF THIS PAGE, AND DO NOT CONTINUE TO USE THE WEBSITE, AND HEALTHGRADES DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, USE OR BROWSE THE WEBSITE AND/OR VIEW OR USE ANY CONTENT.
1. No Reliance on Information
All information contained on this Website, including information relating to medical and health conditions, products and treatments, is for information purposes only. HealthGrades does not intend for any information contained in this Website to be instructional for medical diagnosis, treatment, prevention, first aid or emergency medical care.
You should not consider the information contained on this Website to be complete, nor should you rely on the information to suggest a diagnosis or a course of treatment for a particular individual. You should not use the information in place of a visit, call, consultation or the advice of your physician or other qualified professional health care provider. Information obtained from this Website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.
HealthGrades compiled the information contained on this Website from a wide variety of sources ranging from reputable medical publications to non-authoritative websites of unclear ownership. It is neither feasible nor practicable to confirm the accuracy of every piece of information compiled from all these varied sources. Information may be written, created, or compiled by people who are not medical experts. Information is not necessarily reviewed for accuracy by medical experts. Information in lists, such as lists of symptoms, complications or treatments, is not necessarily in any particular order with regard to importance, frequency, severity, or relevance.
Neither HealthGrades nor any of its employees, agents or service providers directly or indirectly practice medicine or dispense medical services. You should not construe anything in this Website nor any communication with HealthGrades, its employees, agents or service providers as creating a doctor-patient relationship or of providing medical advice. Our moderators, who are reimbursed for their duties, are not health professionals and will not directly or indirectly practice medicine or dispense medical services.
In addition, HealthGrades does not and cannot review all communications and materials posted or uploaded to this Website and is not responsible for the content of these communications and materials. You should not construe any messages, advice, opinions or other information contained in any discussion area or the like as professional advice or instruction. HealthGrades disclaims all liability for any such content in accordance with paragraph 13 of this Agreement.
2. Symptom Information
This Website provides information about symptoms of medical conditions. You should not rely on any information relating to symptoms contained in this Website.
Not all symptoms may be present for a particular condition. Symptoms listed are not necessarily the most typical for a condition. Symptoms may differ, or be absent, depending on severity of the condition or the particular subtype. Symptoms may differ over time with the progression of the condition. Symptoms may differ at different phases of the condition.
Not all symptoms apply to all patients. Special classes of patients, such as babies, children, pregnant women, elderly, infirm, or those with another serious condition may experience different symptoms. Some symptoms may be hidden, hard to detect, or may only be detectable by a qualified medical expert. Listed symptoms may or may not include symptoms caused by complications, underlying causes, associated diseases, risk factors, or other conditions related or unrelated to the condition.
3. Medical Complication Information
This Website provides information about complications of medical conditions, treatments or drugs. You should not rely on any information relating to complications of medical conditions contained in this Website.
Not all complications may be present for a particular condition. Complications listed are not necessarily the most typical for the condition. Complications may differ depending on severity of the condition or the particular subtype. Complications may differ over time with the progression of the condition. Complications may differ at different phases of the condition.
Not all complications apply to all patients. Special classes of patients, such as babies, children, pregnant women, elderly, infirm, or those with another serious condition may experience different complications. Some complications may be hidden, hard to detect, or may only be detectable by a qualified medical expert. A list of complications may or may not include further complications caused by the complications themselves, underlying causes, associated diseases, risk factors, or other conditions related to the condition.
4. Treatment Information
This Website provides Information about treatment of medical conditions. You should not rely on any information relating to treatment methods contained in this Website.
Always seek professional qualified medical advice about all treatments. Treatments often have side effects, contraindications, interactions, complications, and associated risks. Treatments are not always effective. Treatments are not necessarily approved by the relevant government bodies.
Treatments may be research-only treatments or be otherwise unavailable. Treatments may be outdated, superseded, banned, or otherwise no longer used for the condition. Treatments may be non-mainstream or alternative treatments.
Treatments may interact adversely with other treatments, medications (prescription or over-the-counter), supplements, or alternative treatments. Treatments may adversely affect other medical conditions. Treatments are not necessarily appropriate for all patients. Treatments may only be appropriate at certain phases of the condition.
Treatments may be inappropriate for certain special patients such as newborns, infants, children, adolescents, pregnant women, elderly, infirm, immune-compromised patients, or patients with another condition. Some treatments may be mentioned only because they were tried and failed to be successful.
Treatments may need to be varied over the course of the condition or according to the severity of the condition. Treatments may be relevant to the complications, symptoms, or other associated conditions, rather than for the condition itself.
Treatments discussed have been mentioned in book, journal, or internet sources as associated with the treatment of a condition. As it is impractical to confirm every source, treatment information may sometimes be erroneous, inappropriate, or even harmful and contraindicated for the condition or its associated complications, symptoms, or other conditions. Some treatments may need to be combined with other treatments. Some treatments may be inappropriate to combine with other treatments.
5. Medical Emergencies; Healthcare Questions
If you think you might have a medical emergency, then call your doctor or emergency service provider immediately. Information provided by this Website is not intended to be instructional for first aid or emergency medical care.
HealthGrades does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on this Website.
Should you have any health care related questions, please call or see your physician or other professional qualified health care provider promptly. Always consult with your physician or other qualified professional health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on this Website.
6. License Granted by HealthGrades
The material on this Website, the software, design, text and graphics comprised in this Website and the selection and layout of this Website are owned, licensed or compiled by HealthGrades and protected by copyright law under the laws of the United States and international copyright laws and treaties.
Except as expressly permitted by us in writing, your right to access and use the Content is limited solely to a revocable, non-exclusive, non-transferable license to access and view this Website and the Content, and to copy, download, store and/or print a single copy of any Content, solely for your non-commercial, personal use and not for resale, disclosure or distribution to anyone else. With respect to any permitted copy of the Content, you will reproduce and include, and not alter or obfuscate, all copyright, confidentiality and other proprietary notices included in such Content on any such copy. The license granted to you in this Agreement is expressly conditioned on your continued compliance with this Agreement, as it may be amended from time to time by HealthGrades in our sole discretion.
Any unauthorized use, disclosure or reproduction of any Content may violate copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights, or other laws or regulations. Please be aware that we actively and aggressively enforce our intellectual property rights to the fullest extent of the law.
7. Your Obligations
You must use this Website in a respectful, honest and responsible manner.
You must not:
(a) use this Website for any activities in any manners, or post or transmit via this Website any information or materials, that violate any laws or regulations, infringe any third party's rights, defames, harasses, threatens, menaces, offends or restricts any person, including without limitation, sexually explicit material, or are contrary to any relevant standard or codes;
(b) use or access this Website to post or transmit any material that interferes with other users;
(c) use this Website to send unsolicited e-mail messages;
(d) in any way tamper with, hinder or modify this Website;
(e) knowingly transmit any viruses or other disabling features to this Website or via this Website;
(f) behave in any manner other than with respect and honesty in your use of this Website;
(g) post any form of advertising, solicitation, or other "spam" messages on this Website, including without limitation any type of commercial messages, messages promoting commercial or non-commercial issues, indiscriminant posting, non-relevant posting, and any other similar messages (and you acknowledge and agree that HealthGrades may decide in its sole discretion and without notice to you whether messages constitute prohibited advertising, solicitations and "spam");
(h) impersonate other users or post information using an identity other than your own;
(i) post any messages relating to any pending or actual legal matters;
(j) post your name, phone number, email address, or any other personally identifiable information about yourself, or choose a user name that is personally identifiable to you, unless you wish all such information to be available to the public;
(k) attempt any of the above acts or facilitate or assist another person to do any of the above acts.
You acknowledge and agree that HealthGrades may deny you access to this Website or any portion thereof, remove any posts, ban any accounts, or take any other appropriate action, should you violate any of these obligations or breach any terms of this Agreement in general.
8. Submissions of Materials
You agree that you will not upload or transmit any communications or material of any type that infringe or violate any laws or the rights of any party.
By submitting communications, suggestions, feedback, ideas, concepts, comments, illustrations and any other materials (other than information given in connection with registration, which shall be treated as set forth in other provisions of this Agreement) that you disclose or offer to us in connection with this Website or any Content ("Submission"), you agree that such Submission is non-confidential for all purposes. If you make any such Submission, you automatically grant (without compensation or further obligation) and warrant that the owner of such information has expressly granted (without compensation or further obligation) HealthGrades a royalty-free, perpetual, irrevocable, world-wide non-exclusive license in the copyright to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or developed in the future.
You agree that HealthGrades may sublicense, sell, distribute or transfer its rights to the Submission and you hereby waive your moral rights in any such Submission, and you hereby warrant that any such Submission are original to you, or that you have the right to submit such Submissions.
You grant HealthGrades unrestricted use of your Submission for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to publish on this Website or elsewhere. You agree that you shall have no recourse against HealthGrades for any alleged or actual infringement or misappropriation of any proprietary right in your Submission.
9. Password Maintenance and Responsibility
If you wish to access certain areas of this Website or the Content available on or through certain areas of this Website, you must choose a password during your completion of this Website's registration process. By registering, you represent, warrant and covenant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information about yourself during the registration process; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
By logging onto this Website using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You are solely responsible for the confidentiality and use of your password, as well as for any activities conducted on or through this Website using your password. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify us immediately. We reserve the right to delete or change any password at any time and for any reason.
11. Advertising, Third Party Websites, Third Party Content
HealthGrades may receive fees and/or commissions from the third parties for advertising goods and services displayed on this Website or made available via HealthGrades. You acknowledge and agree that HealthGrades has informed you regarding HealthGrades' receipt of these fees.
The Website contains hyperlinks and other pointers to internet websites operated by third parties. HealthGrades does not control these linked websites and is not responsible for the content of any linked website or any hyperlink contained in a linked website. HealthGrades provides the linked websites solely for your convenience and does not indicate, expressly or impliedly, any endorsement by HealthGrades of the linked website or the products, services or information provided at those linked websites. We expressly disclaim any responsibility for the content, policies and practices of these other linked websites 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 linked websites. You link to any such website entirely at your own risk. The Website also contains products and services offered for sale or advertised. Much of the information provided on this Website concerning the products or services is information from third parties. HealthGrades is not responsible for the accuracy of this information or the suitability or quality of the products and services of the third parties. You should contact the relevant third party supplier directly to inquire on that information prior to entering into a transaction in relation to the third party products and services depicted in this Website. You should also inquire with the third party supplier regarding the presence of any additional charges or relevant terms. HealthGrades does not provide or endorse the third party products, services and information, and your legal relationship is with the third party supplier. All prices displayed and products and services offered to be supplied on this Website are subject to change without notice. When leaving this Website, 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 website.
12. Confidentiality on the Internet
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 we have endeavored to create a secure and reliable site, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, we are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Website, or for the consequences of any reliance on such information. You must make your own determination as to these matters.
13. Electronic Communications with HealthGrades
Should you elect to send or receive e-mail communications of any kind to or from HealthGrades, you represent and warrant to HealthGrades that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions. You further agree that the material (including any Content) in any e-mail or other electronic communication you receive from HealthGrades is subject to the provisions of this Agreement.
By entering into this Website, you agree to defend, indemnify, and hold harmless HealthGrades and our respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against all actions, claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (i) your use of this Website, any Content, or any products or services obtained on or through this Website, (ii) any arrangements you make based on information obtained on or through this Website, or (iii) any breach by you of this Agreement.
Some consumer protection laws and regulations may confer you with rights and remedies relating to the provision of goods or services to you by HealthGrades via this Website which cannot be excluded, restricted or modified (your '"Statutory Rights"). HealthGrades excludes all conditions and warranties implied by custom, law or statute save for your Statutory Rights.
Save for your Statutory Rights, in respect of this Website:
(a) This website and the content are provided to you "as Is" and without warranties of any kind, either express or implied and whether oral or written;
(b) HealthGrades expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability, fitness for a particular purpose AND TITLE AND NON-INFRINGEMENT;
(c) HealthGrades does not warrant that the functions contained in any Content on this Website or your access to this Website will be uninterrupted or error free, that any defects will be corrected or that this Website or the server which stores and transmits material to you are free of viruses or any other harmful components;
(d) HealthGrades does not warrant or make any representation regarding your access to, or the results of your access to, this Website including its correctness, accuracy, timeliness, completeness, reliability, currency or otherwise;
(e) HealthGrades does not warrant or make any representation that the Content on this Website is appropriate to your particular situation or health care issues or the information is written, created, compiled or reviewed by medical experts; and
(f) You solely assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content contained on this Website.
To the FULLEST extent permitted by law, including but not limited to any act or omission on the part of HealthGrades, HealthGrades will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, this Website.
16. Limitations of Liability
To the fullest extent permitted by law, HealthGrades' liability for breach of any implied warranty or condition which cannot be excluded by the Agreement is limited, at the option of HealthGrades, to one or more of the following:
(a) In the case of services supplied or offered by HealthGrades:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
(b) In the case of goods supplied by or offered by HealthGrades:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the costs of replacing the goods or acquiring equivalent goods;
(iv) the payment of the costs of having the goods repaired.
UNDER NO CIRCUMSTANCES WILL WE, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF THIS WEBSITE, ANY CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS WEBSITE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS WEBSITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you.
17. Site Monitoring
We reserve the right to view, monitor, and record activity on this Website without notice to or permission from you. We may disclose any records, electronic communications, information, materials or other content of any kind (i) if we believe in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate this Website; or (iii) 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 this Website.
We are committed to complying with copyright and related laws, and expect all users of this Website to comply with such laws as well. Using this Website to transmit any content or to engage in any activity that infringes any copyright or any other right of a third party violates this Agreement.
If notified of an allegation that this Website contains 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 this Website. Notices to us regarding any alleged copyright infringement on this Website should be directed to HealthGrades at the following email address: email@example.com.
Regardless of the jurisdiction in which you work or reside, this Agreement is made in the State of Colorado, and will be construed and enforced in accordance with Colorado law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in Colorado, and except and to the extent that the Health Insurance Portability and Accountability Act ("HIPPA") Privacy Rule applies to any health-related information you provided to HealthGrades (In which case such HIPPA Privacy Rule governs), the privacy laws of Colorado will govern.
ANY ACTION ARISING OUT OF THE CONTENT OF THIS WEBSITE, YOUR USE OF THE CONTENT OR YOUR UNAUTHORIZED CITATION, REPRODUCTION OR RE-PUBLICATION OF ANY HEALTHGRADES' TRADEMARKS OR SERVICE MARKS, OR ANY ACTION TO ENFORCE THIS AGREEMENT, WILL BE BROUGHT ONLY IN THE FEDERAL OR STATE COURTS PRESIDING IN DENVER, COLORADO, U.S.A., AND YOU EXPRESSLY AGREE TO BE SUBJECT TO THE JURISDICTION OF SUCH COURTS. USE OF THIS WEBSITE IS LIMITED SOLELY TO PERSONS WHO AGREE TO RESOLVE ANY AND ALL DISPUTES PERTAINING TO THIS WEBSITE IN THE FEDERAL AND STATE COURTS OF COLORADO, AND SUCH AN AGREEMENTS IS AN EXPRESS CONDITION TO USE OF THIS WEBSITE.
HealthGrades does not make any claims that the Content is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in this Website may not be legal by certain persons or in certain countries. If you access this Website you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
If any provision of the Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the remainder of the Agreement which will continue in full force and effect and the parties will promptly substitute for the invalid provision and enforceable provision which resembles the invalid provision as closely as possible in intent and economic effect.
All rights not expressly granted herein are reserved by HealthGrades.
If HealthGrades does not act in relation to a breach of the Agreement by you, this does not waive HealthGrades' rights to act with respect to subsequent or similar breaches of the Agreement by you. No waiver of any provision of this Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties.
No joint venture, partnership, employment or agency relationship exists between you and HealthGrades as a result of this Agreement or your use of this Website or any Content.
This Agreement constitutes the entire agreement between you and HealthGrades with respect to your use of this Website and the Content, and supersedes any and all prior understandings or agreements between you and HealthGrades, whether written or oral. You acknowledge that, in providing you access to and use of this Website and the Content, we have relied on your acceptance of this Agreement.
All notices to you will be sent to the e-mail address that you provide to us when you register. Such notice will be deemed given one business day after the e-mail is sent. Except as expressly stated otherwise, all notices to us must be sent to firstname.lastname@example.org or to the following address:
Health Grades, Inc.
500 Golden Ridge Road, Suite 100
Golden, Colorado 80401
Agreement last updated: 31st July 2009
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