Terms of Service
Last Updated on January 2, 2020. These Terms of Service are effective January 2, 2020 for all users.
100 SafeCare Hospitals help consumers research institutions primarily engaged in providing, by or under the supervision of physicians, inpatient diagnostic, therapeutic, or rehabilitation services (collectively, “Hospitals”). These Terms of Service (which, together with the Business Terms below, constitute the “Terms”) are effective for users accessing or using the Service or registering Accounts. The Terms govern your access to and use of our products and services, including those offered through our websites and mobile applications (collectively, the “Service”). "100 SafeCare Hospitals” refer to: The SafeCare Group, LLC, a limited liability company with its headquarters in Lexington, Kentucky. Do not access or use the Service if you are unwilling or unable to be bound by the Terms.
BY USING OR OTHERWISE ACCESSING THE SERVICE AND/OR BY CREATING AN ACCOUNT WITH US, YOU AGREE TO THE TERMS, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY. WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HOSPITAL, UNDER ANY CIRCUMSTANCE. DO NOT USE THE SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SERVICE OR AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PROVISION OF MEDICAL CARE.YOU ACKNOWLEDGE THAT THE SERVICE DOES NOT CONSTITUTE MEDICAL OPINION, MEDICAL ADVICE, OR DIAGNOSIS OR TREATMENT.
WE DO NOT RECOMMEND OR ENDORSE ANY PARTICULAR HOSPITAL WHOSE INFORMATION, REVIEWS, OR RATINGS APPEAR ON THE SERVICE. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PROCEDURES, OPINIONS THAT MAY SUBMITTED TO, THROUGH, OR IN CONNECTION WITH THE SERVICE. IF YOU RELY ON CONTENT, YOU DO SO SOLEY AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HOSPITAL, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE HOSPITAL IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU CANNOT USE THE SERVICE.
TABLE OF CONTENTS
1. DEFINITIONS
2. NOT MEDICAL ADVICE
3. CONTINUED USE DEEMED ACCEPTANCE
4. USE OF THE SERVICE
5. CONTENT
6. YOUR PERSONAL INFORMATION
7. HOSPITALS
8. PROCEDURES/PRODUCTS/SERVICES
9. REPRESENTATIONS AND WARRANTIES
10.ADDITIONAL POLICIES AND TERMS
11.DELAYS AND ACCESSIBILITY
12.FEEDBACK
13.THIRD PARTY CONTENT AND SERVICES
14.INDEMNIFICATION
15.DISCLAIMERS AND LIMITATIONS OF LIABILITY
16.JURISDICTION
17.TERMINATION OF ACCESS
18.GENERAL TERMS
1. DEFINITIONS
A. Parties. For convenience, the terms "user", "you", "your" refer to all users of the Service, including, without limitation, anyone that accesses or visits the Service and view only publicly-available content; individuals who have signed up to use the Service; and Hospitals and other providers of healthcare services and persons working on their behalves who input or post or edit profiles and other content, materials and information related to them. The terms "us", "we", "our", refer to 100 SafeCare Hospitals and its affiliates and subsidiaries.
B. Content. “Content” means text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Service. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations, votes, friending and following activity, direct messages, and information that you contribute to your user profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Service e.g. your questions or postings. “100 SafeCare Hospitals Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than 100 SafeCare Hospitals or its users, which is made available in connection with the Service. The “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, 100 SafeCare Hospitals Content, and Third Party Content.
C. Accounts. An account means to use the Service located at www.100safecarehospitals.com and related domains and mobile applications, including those directed to users outside the United States of America.
2. NOT MEDICAL ADVICE
The Content that you obtain or receive from the Service, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise submitted or transmitted to, through, or in connection with the Service, is for informational purposes only. All medically related information, including, without limitation, information shared via the Service, answers, and advertising, comes from independent sources and organizations and is for informational purposes only. It is not the purpose of this site to provide information as to suitability of management of a particular disease or physical ailment. You should never ignore or neglect medical, psychiatric, psychological, or behavioral health care advice because of something you have read on this site. If you have any concerns about specific information that appears on this site, please contact your personal physician or other healthcare provider promptly regarding its effect on your individual health.
3. CONTINUED USE DEEMED ACCEPTANCE
We reserve the right, at our sole discretion, to change, alter, amend or otherwise modify the Terms from time to time, without additional notice to you. We will post any changes on the Service (with the effective date of the update near the top of this page). We encourage you to check back and revisit the Terms for any updates or modifications. After any such modification becomes effective, we will deem your continued use of the Service to constitute your acceptance of and agreement to such modification. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.
A. Fees. The Service is currently provided to you for free. However, we reserve the right to begin charging fees at any time upon notice to you.
B. Eligibility. To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of 100 SafeCare Hospitals or if we have previously banned you from the Service or closed your Account.
C. Permission to Use the Service. Subject to full compliance with the Terms, we grant you nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Service for your personal use. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.
D. Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
E. Accounts. We require you to create an Account and provide certain information about yourself in order to use or access certain features that are offered through the Service. As a condition of your use of the Service, you agree to (a) provide us with true, accurate, current and complete information as prompted by our registration forms, when registering for or using the Service and (b) update and maintain the truthfulness, accuracy and completeness of such information. You should keep your Account password private and not share your password with anyone else. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.
Your Account is for your personal, non-commercial use only, and you may not create or use a Account for anyone other than yourself. You may not impersonate someone else, provide an email address other than your own, or transfer your Account to another person without 100 SafeCare Hospitals’ prior approval. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination.
F. Communications from 100 SafeCare Hospitals and Others. By accessing or using the Service, you consent to receive communications from other users and 100 SafeCare Hospitals through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote 100 SafeCare Hospitals or businesses listed on 100 SafeCare Hospitals, and may be initiated by 100 SafeCare Hospitals, businesses listed on 100 SafeCare Hospitals, or other users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with 100 SafeCare Hospitals may be monitored and recorded for quality purposes. You can opt-out of certain communications.
5. CONTENT
A. Responsibility for Your Content. You will have the opportunity to Your Content regarding your experiences with Hospitals. It is important that you act responsibly when providing Your Content, as once posted to 100 SafeCare Hospitals, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have secured all legal rights necessary for Your Content submitted by you to be used by you, 100 SafeCare Hospitals, and others as described and otherwise contemplated in these Terms. You may not imply that Your Content is in any way sponsored or endorsed by 100 SafeCare Hospitals.
Your name and report information may be made available to the public and to the Hospitals on which you report. You represent and warrant that each person identified, depicted, or shown in Your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of Your Content consistent with these Terms; You are solely responsible for your reviews and ratings; You will not submit any reviews that may be considered to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable. 100 SafeCare Hospitals may, in its sole discretion, choose to remove or not to remove reviews and ratings once published.
B. Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As a condition of submitting any Content, you hereby grant us irrevocable, world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against 100 SafeCare Hospitals and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, duplicate, publicly display, reproduce, distribute, adapt, edit. modify, translate, remove, analyze, commercialize, and create derivative works of Your Content.
C. Ownership. As between you and 100 SafeCare Hospitals, we own the 100 SafeCare Hospitals Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, and arrangement of User Content and other Service Content), computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the 100 SafeCare Hospitals Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the 100 SafeCare Hospitals Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the 100 SafeCare Hospitals Content are retained by us.
D. Advertising. 100 SafeCare Hospitals and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
E. Marketing. You agree not publish or use the Service Content and 100 SafeCare Hospitals Content in any Hospital signage, through broadcast and radio advertisements, in paid print and online advertisements, and through marketing materials without a marketing agreement and the express written consent of 100 SafeCare Hospitals. You represent, warrant and covenant that you will not market “100 SafeCare Hospitals” without a marketing agreement, and have read our Marketing Guidelines. Hospitals agree not to quote, reproduce or re-publish Service Content without the express written permission of 100 SafeCare Hospitals and hereby waive any right to assert any "nominative fair use" or "nominative use" defense in any trademark infringement action brought against Hospital in the event that it quote, reproduce or re-publish the listing without express written permission of 100 SafeCare Hospitals.
F. Other. User Content (including any that may have been created by users employed or contracted by 100 SafeCare Hospitals) does not necessarily reflect the opinion of 100 SafeCare Hospitals. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove content if we believe it violates our Content Guidelines. Except as described in 100 SafeCare Hospitals’ Privacy Policy or otherwise required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content.
Protecting your privacy and keeping your information secure are among our biggest priorities. Our Privacy Policy details how we may use, share, and maintain the information that you voluntarily share with the Service.
A. Hospital Information. The Service is an informational and educational resource for consumers and Hospitals. Information about Hospitals is intended for general reference purposes only. Hospitals information may be provided by the Hospitals and/or collected from multiple other data sources that may not be confirmed by the Hospitals. The Service selected, compiled, arranged and adjusted data and information regarding Hospitals and the listings are original compilations (as defined by the 1976 Copyright Act, 17 U.S.C. § 101) containing material wholly and exclusively original to 100 SafeCare Hospitals. The information and materials of 100 SafeCare Hospitals are copyrighted and constitute the proprietary trade secrets of The SafeCare Group, and may not be reproduced, duplicated, copied, downloaded, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of The SafeCare Group. The information and materials of 100 SafeCare Hospitals include all unpatented, technical and other information or data (research or otherwise) which is not in the public domain including, without limitation, ideas, concepts, inventions, discoveries, data, formulae, specifications, listings and information relating to 100 SafeCare Hospitals. Star ratings are limited in scope to the data sources they are derived from. Unless otherwise noted, all data used to produce the 100 SafeCare Hospitals ratings and rankings were available from public sources, primarily the U.S. government’s release of data. All available and latest data were included; no statistical sampling was employed. Such information can change frequently and may become out of date, incomplete or inaccurate. We will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such information. Hospitals with insufficient or no domain data to calculate an overall score (Hospitals missing data for timeliness, infections, complications, readmissions, or deaths) carry no overall Star Ratings, and are represented by "Not Rated", even though individual domain Star Rating(s) may be present.
B. Hospital Profile Reviews. The Service makes no representations or warranties expressed or implied, and the ratings and rankings are statements of opinion and not statements of fact or recommendations to utilize any Hospital. Note that the Service (a) does not recommend or endorse any Hospitals, (b) does not make any representations or warranties with respect to these Hospitals or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Hospitals for higher or better placement on lists through the Service. Note, however, to the extent that you use the Service, we may provide lists and/or profile previews based on information that you provide to us, past selections by and/or ratings of Hospitals by you or by other users, and past experience of users with Hospitals. We may show you advertisements or sponsored results on the Service, including above the search results. Sponsored Results shown through the Service are not, and should not be considered, an endorsement or recommendation by 100 SafeCare Hospitals of the Hospitals. Your dealings with, or participation in promotions of any Hospital (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Hospital. 100 SafeCare Hospitals assumes no liability for any care, treatment, or services rendered by any hospital featured on the “100 SafeCare Hospitals”, “Top 1% Hospitals”, and “Top 2% Hospitals” list.
C. Hospital Acknowledgement. You understand and acknowledge that the Service allows consumers to post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that the Service employs automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently. You understand and acknowledge that while we use automated software to identify potentially less helpful reviews, the automated software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. You understand and acknowledge that any purchase of advertising or other paid features from 100 SafeCare Hospitals will not influence or otherwise allow or enable you, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on the Service.
D. Hospital Warranty. You represent, warrant and covenant that you will not use the Service, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations. You represent, warrant and covenant that you will not pay or induce any third party to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent the automated software.
E. Hospital Represent. You represent, warrant and covenant that you will not use any Service trademarks in any manner without prior written consent. You represent, warrant and covenant not use “100 SafeCare Hospitals” in any defense against litigation involving malpractice claims, or in any other legal claims. You represent, warrant and covenant that 100 SafeCare Hospitals shall not be liable with respect to any individual patient’s potential harm or actual outcome as a result of receiving services performed at any of the listed hospitals.
8. Procedures/Products/Services
Procedures, products, services and devices discussed and/or marketed through the Service are not applicable to all individuals, patients or all clinical situations. Any procedures, products, services or devices represented through the Service by advertisers, sponsors, and other participants of the Service, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.
9. REPRESENTATIONS AND WARRANTIES
Weare under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
A. You represent, warrant and covenant that:
i. You have read and understood our Marketing Guidelines.
ii. You have read and understood our Privacy Policy.
iii. You have read and understood our Advertising Policy.
iv. If you use the Service outside of the United States of America, you consent to having your personal data transferred to and processed in the United States of America; and
B. You represent, warrant and covenant that you should obtain any additional information necessary to make an informed decision prior to selecting and using any specific Hospital.
i. Violate our Terms, Privacy Policy, Advertising Policy and Marketing Guidelines;
ii. Violate any applicable local, state, or federal law, and any rules and regulations having the force of law;
iii. Violate any third party’s rights, including publicity rights, contractual rights, fiduciary rights, intellectual property rights;
iv. Impersonate another person;
v. Allow unauthorized individuals to use “100 SafeCare Hospitals”;
vi. Express or imply that any statements Hospitals make are endorsed by 100 SafeCare Hospitals, its affiliates or its members;
vii. Convey or otherwise transfer any title, license and ownership interest of any kind of 100 SafeCare Hospitals;
viii. Modify, customize or enhance the “100 SafeCare Hospitals” logo
ix. Sell, share, or otherwise transfer your Account username, password, other information, or your rights or obligations under these Terms;
x. Establish independent data files or otherwise amass statistical information thereof or therefrom;
xi. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content, except as expressly authorized by 100 SafeCare Hospitals;
xii. Access, download, monitor, or copy any information contained on the Service through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Service;
xiii. Reverse engineer any portion of the Service, unless applicable law prohibits this restriction, in which case you agree to provide us with 30 days’ prior written notice;
xiv. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
xv. Attempt to obtain or ascertain or obtain or ascertain any other Account by recording, processing, or mining information about users;
xvi. Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of Hospital reviews;
xvii. Reformat or frame any portion of the Service;
xviii. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on 100 SafeCare Hospitals’ technology infrastructure or otherwise make excessive traffic demands of the Service;
xix. Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
xx. Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, worms, timebombs, malicious code, spyware, malware or other items of a destructive or harmful nature;
xxi. Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
xxii. Use the Service to violate the security of any computer network, mine passwords or hack security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
xxiii. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.
10.ADDITIONAL POLICIES AND TERMS
A. Copyright And Trademark Disputes. All content on the Service and all Intellectual Property Rights are owned by 100 SafeCare Hospitals. 100 SafeCare Hospitals selected, compiled, arranged and adjusted data and information regarding Hospitals and the listings are original compilations (as defined by the 1976 Copyright Act, 17 U.S.C. § 101) containing material wholly and exclusively original to the Service. The information and materials on the Service are copyrighted and constitute the proprietary trade secrets of 100 SafeCare Hospitals, and may not be reproduced, duplicated, copied, downloaded, distributed, sold, resold, visited, marketed or otherwise exploited for any commercial purpose without the express written consent of 100 SafeCare Hospitals. Unauthorized marketing, citation, reproduction or re-publication of “100 SafeCare Hospitals”, “Top 1% Hospitals”, “Top 2% Hospitals” may cause confusion in the marketplace, suggest non-existent sponsorship or endorsement by 100 SafeCare Hospitals, misappropriate 100 SafeCare Hospitals’ reputation, goodwill, business opportunities and revenues, or otherwise misappropriate the cachet of 100 SafeCare Hospitals’ products and/or services. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), the Service will respond promptly to claims of copyright or trademark infringement that are reported to us. You may contact us concerning copyright issues, or write to us at the following address:
100 SafeCare Hospitals,
Attn: Compliance
1890 Star Shoot Parkway, Suite 170
Lexington, KY 40509
B. Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Service (the “Additional Terms”).
11.DELAYS AND ACCESSIBILITY
The Service may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. 100 SafeCare Hospitals is not responsible for any delays, failures or other damage resulting from such problems.
100 SafeCare Hospitals appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Service. By submitting proposals, remarks, emails, complaints, suggestions, improvements, ideas, graphics, edits, concepts, comments, illustrations and other materials (“Feedback”), you agree that:
i. your Feedback does not contain any third party confidential or proprietary information;
ii. we are under no obligation of confidentiality, express or implied, with respect to the Feedback;
iii. we may have something similar to the Feedback already under consideration or in development;
iv. we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback; and
v. you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against 100 SafeCare Hospitals and its users any claims and assertions of any moral rights contained in such Feedback.
13.THIRD PARTY CONTENT AND SERVICES
The Service may host Third Party Content, or include links to other websites or applications (each, a “Third Party Service”). The Service has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed by any Third Party Content or Third Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk. Some of the services made available through the Service and Third Party Services may be subject to additional third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including without limitation the ones posted here. It is your responsibility to familiarize yourself with any such applicable third party terms.
14.INDEMNIFICATION
You agree to indemnify, defend, and hold harmless 100 SafeCare Hospitals, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, “The SafeCare Group Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to:
i. your access to or use of the Service, including 100 SafeCare Hospitals Content;
ii. your violation of the Terms;
iii. your breach of your representations and warranties provided under these Terms;
iv. any products or services purchased or obtained by you in connection with the Service;
v. your products or services, or the marketing or provision thereof to end users;
vi. the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.
100 SafeCare Hospitals reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of 100 SafeCare Hospitals. 100 SafeCare Hospitals will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
15.DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE 100 SAFECARE HOSPITALS ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
A. YOU ACCESS AND USE THE SERVICE AT YOUR OWN DISCRETION AND RISK. THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS AND WITHOUT WARRANTIES, “WITH ALL FAULTS”, WITH THE EXPRESS UNDERSTANDING THAT THE 100 SAFECARE HOSPITALS ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT.
B. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, 100 SAFECARE HOSPITALS DOES NOT REPRESENT OR WARRANT THAT:
i. THE SERVICE WILL MEET YOUR REQUIREMENTS;
ii. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
iii. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
iv. THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND;
v. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. ACCORDINGLY, 100 SAFECARE HOSPITALS IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE HOSPITAL LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.
D. ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 100 SAFECARE HOSPITALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
E. THE 100 SAFECARE HOSPITALS ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE HOSPITALS OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, 100 SAFECARE HOSPITALS IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE HOSPITALS OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
F. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
G. 100 SAFECARE HOSPITALS WILL NOT BE LIABLE FOR ANY:
i. INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES;
ii. LOSS OF PROFITS OR REVENUE;
iii. LOSS OR DAMAGE TO DATA;
iv. HOSPITAL INTERRUPTION;
v. REPUTATIONAL HARM;
vi. LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON THE SERVICE FOR YOUR HOSPITAL.
H. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF 100 SAFECARE HOSPITALS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS.
I. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, 100 SAFECARE HOSPITALS LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
J. ARBITRATION NOTICE AND CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, OR CLASS OR COLLECTIVE ARBITRATION.
Except as set forth otherwise herein, the Service operates from the United States of America and makes no representation that the Content is appropriate or available for use outside the United States of America.
i. Kentucky law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and 100 SafeCare Hospitals (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN FAYETTE COUNTY, KENTUCKY.
ii. You agree that any subpoena, third-party discovery request, or other third-party process directed to 100 SafeCare Hospitals must issue from, or be domesticated by, the state or federal courts located within Fayette County, Kentucky and you agree to submit to the personal jurisdiction of each of these courts for any related proceedings.
iii. Attorneys’ fees and costs may be awarded against any party that pursues any Claim or Third Party Process in a manner contrary to this Section, provided that party does not promptly withdraw the Claim or Third Party Process once this Section is brought to its attention.
17.TERMINATION OF ACCESS
A. You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing 100 SafeCare Hospitals with a notice of termination.
B. We may terminate, suspend and/or deactivate your Account immediately, without notice, if there has been a violation of the Terms by you or by someone using your Account. We may also terminate, suspend or deactivate your account for any other reason, including inactivity for an extended period and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.
C. In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 9, 13–17 of the Terms will continue in full force and effect.
18.GENERAL TERMS
A. We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
B. Except as otherwise stated in Section 13 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
C. The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
D. Any failure on 100 SafeCare Hospitals’ part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by 100 SafeCare Hospitals.
E. If any provision of the Terms is found to be unenforceable or invalid by a court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
F. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with 100 SafeCare Hospitals’ prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
G. You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and 100 SafeCare Hospitals as a result of these Terms or your use of the Service.
H. The section titles in the Terms are for convenience only and have no legal or contractual effect.
