Terms of Service / Web Site User Agreement
Welcome to the HOSPITAL VALUE INDEX Web Site (“Site”) provided by Data Advantage, LLC (“we” or “Data Advantage”). This Web Site User Agreement (“User Agreement”) constitutes a binding agreement between you and Data Advantage, and governs your access to and use of this Site and the data, information, profiles, materials and other content available on or through this Site, including without limitation Data Advantage’ ratings of hospitals (“Hospitals”) contained in databases (“Databases”) and the Data Advantage rating system (collectively, the “Site Materials”). Please read this User Agreement carefully before using this Site or any Site Materials. By accessing or using this Site or any Site Materials, you automatically agree to be bound by the terms of this User Agreement. If you do not agree to be bound by the terms of this User Agreement, do not continue using our Site.
We reserve the right, at our sole discretion, to change this User Agreement from time to time. Your continued use of this Site or any Site Materials after such changes take effect will be deemed to constitute your acceptance of and agreement to the new User Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS. BY ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS, 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 USER AGREEMENT; (2) 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 DATA ADVANTAGE; 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 USER AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT AND AGREEMENT, DO NOT CONTINUE TO USE OUR SITE.
1. Nature of Service and Limited License
Data Advantage provides ratings of and information about Hospitals based on data and information obtained from a variety of sources. Some of this data and information is adjusted (through the use of proprietary means) by Data Advantage. Other data and information is provided directly by independent Information Providers (“Independent Information Providers”) and is not adjusted or audited by Data Advantage.
2. No Recommendations or Medical Advice
Data Advantage is not a referral service and does not recommend or endorse any particular Hospital. Rather, Data Advantage is only an intermediary that provides selected information about Hospitals. We do not offer advice regarding the quality or suitability of any particular Hospital for specific treatments or health conditions, and no information on this Site should be construed as health or medical advice. The Hospital rating information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific Hospital. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific Hospital.
You assume all responsibility in connection with choosing any Hospital, whether or not you obtained information about such Hospital on or through this Site. Data Advantage and its licensors, suppliers and affiliates, and the directors, officers, agents, and representatives of each, assume no and hereby disclaim all responsibility or liability of any kind, for any advice, treatment or other services rendered by any Hospital, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.
3. Proprietary Rights; Confidentiality
Except as explicitly provided in this User Agreement, all right, title and interest in and to the Site Materials, including without limitation the graphical display of this Site and all Hospital ratings, and all intellectual property rights embodied therein, are the property of Data Advantage. The Site Materials and the Databases are 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. Data Advantage does not claim any rights in unaltered government data.
The Hospital rating information contained in the Databases constitutes confidential and valuable proprietary compilations owned by Data Advantage. You will protect the confidentiality of and not disclose to any person the Hospital rating information contained in the Databases, for three (3) years from the date you accessed such information, 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 the Databases 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 Data Advantage and (b) reasonably cooperate with Data Advantage efforts to contest or limit the scope of such order. Any breach of the foregoing confidentiality obligation will cause Data Advantage irreparable harm for which there is no adequate legal remedy. In the event of any actual or threatened breach of this Agreement, Data Advantage will be entitled to obtain injunctive and all other appropriate relief from a court of competent authority, without being required to: (i) show any actual damage or irreparable harm, (ii) prove the inadequacy of its legal remedies, or (iii) post any bond or other security.
The HOSPITAL VALUE INDEX rating system and methodology and ratings of individual providers are the property of Data Advantage and may not be reproduced, distributed, or otherwise used in any manner without our prior written permission. DATA ADVANTAGE, HOSPITAL VALUE INDEX and DATAVIEWMB are service marks and trademarks of Data Advantage, LLC and may not be used in any manner (including, but not limited to, in connection with re-publication or citation of the Hospital ratings) without the prior written permission of Data Advantage, LLC Other names and logos contained in this Site or in the Site Materials are trademarks and service marks of third parties and may not be used without the permission of the trademark or service mark owner.
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 this Site or any Site Materials (including, but not limited to, any Hospital rankings), 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 Databases or the information contained therein: (i) for any purposes other than your personal, non-commercial evaluation of Hospital; (ii) to compile mailing lists or other lists of Hospitals for commercial purposes; (iii) to establish independent data files or compendiums of statistical information; or (iv) in violation of any applicable laws or regulations. Please contact Data Advantage about the possibility of alternative arrangements regarding the Databases. Further, you may not use any metatags or any other “hidden text” utilizing the DATA ADVANTAGE, HOSPITAL VALUE INDEX or DATAVIEWMB without our prior written permission. Any unauthorized use, disclosure or reproduction of any Site Materials 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.
4. Use of this Site, the Site Materials and the Databases
Except as expressly permitted by us in writing, your right to access and use the Site Materials is limited solely to a revocable, nonexclusive, non-transferable license to access and view this Site and the Site Materials, and to copy, download, store and/or print only a single copy of any Site Materials, 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 Site Materials, you will reproduce and include all copyright, confidentiality and other proprietary notices included in such Site Materials on any such copy. The license granted to you in this User Agreement is expressly conditioned on your continued compliance with this User Agreement, as it may be amended from time to time by Data Advantage in our sole discretion.
5. Term and Termination
This User Agreement will take effect at the time you access, use or browse this Site or any Site Materials. We reserve the right, at any time and for any reason, without notice to you, (i) to deny you access to this Site, any Site Materials, or any portion thereof; (ii) to change, remove or discontinue the Site or any portion thereof, or any of the Site Materials or services available on or through this Site; or (iii) to terminate this User Agreement.
6. Our Privacy Policy
We consider the protection of our users’ personal data to be important. Therefore, we have adopted a privacy policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use personal information from users of this Site. By agreeing to the terms of this User Agreement, you are automatically agreeing to our privacy policy, which is incorporated herein.
7. 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.
8. Third Party Content and Privacy Information Delivered to Third Parties
Some of the Site Materials, including but not limited to, certain healthcare information, product reviews, news, data, research, analysis and opinions, are provided by Independent Information Providers. We make no representations with respect to, nor do we guarantee or endorse the availability, accuracy, reliability, completeness, currency, quality, performance, suitability, or correct sequencing of any information, materials or other content provided by any of the Independent Information Providers. We do not endorse, oppose or edit any opinion or analysis expressed by any of the Independent Information Providers. We assume no responsibility or liability for any information, materials or other content provided by any of the Independent Information Providers. Moreover, any private information you deliver to third parties accessed through a link at the Site will be held subject to the privacy policies of that third party, and not Data Advantage.
9. 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 Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters.
10. Site Monitoring
We reserve the right to view, monitor and record activity on this Site 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 Site; 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 Site.
We are committed to complying with copyright and related laws, and expect all users of this Site to comply with such laws as well. Using this Site 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 Data Advantage that you own, or are otherwise lawfully authorized to use, any information, materials or other content that you transmit to or through this Site, 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 this Site 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 Site.
11. Disclaimers
THIS SITE AND THE SITE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE SITE MATERIALS AND DATABASES 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: (I) 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 (II) 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 HOSPITAL 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 HOSPITALS OR WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS SITE, AND YOU WILL LOOK SOLELY TO SUCH HOSPITALS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.
12. Limitations of Liability
WE WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S).
UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR 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 SITE, ANY SITE MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS SITE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, 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.
13. Indemnity
You will defend, indemnify, and hold harmless Data Advantage and our 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 (i) your use of this Site, any Site Materials, or any products or services obtained on or through this Site, (ii) any arrangements you make based on information obtained on or through this Site, or (iii) any breach by you of this User Agreement.
14. Governing Law and Selection of Venue
Regardless of the jurisdiction in which you work or reside, this User Agreement is made in the State of Tennessee, and will be construed and enforced in accordance with Tennessee law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in Tennessee, and except and to the extent that the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule applies to any health-related information you provide to Data Advantage (in which case such HIPAA Privacy Rule governs), the privacy laws of the State of Tennessee will govern. Any action arising out of the content of this Site, your use of the Site Materials, or any action to enforce this User Agreement will be brought only in the federal or state courts presiding in Nashville, Tennessee and you expressly agree to be subject to the jurisdiction of such courts. Use of this Site is limited solely to persons who agree to resolve any and all disputes pertaining to this Site in the federal and state courts of Tennessee, and such an agreement is an express condition to use of this Site. This Site is controlled and operated by Data Advantage from its offices within the United States. We make no representation that this Site or the Site Materials are appropriate or available for use outside of the United States, and access to this Site or the Site Materials from territories where their contents are illegal is prohibited. Those who choose to access this Site or the Site Materials from locations outside of the United States do so of their own volition and are responsible for compliance with applicable local laws.
15. Notices
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 the following address:
Data Advantage, LLC
3322 West End Ave.
Suite 100
Nashville, TN 37203
16. Miscellaneous
Failure to insist on strict performance of any provisions of this User Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver of any provision of this User Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of this User Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect, and the parties will promptly substitute for the invalid provision an enforceable provision which resembles the invalid provision as closely as possible in intent and economic effect. No joint venture, partnership, employment or agency relationship exists between you and Data Advantage as a result of this User Agreement or your use of this Site or any Site Materials. Any rights not expressly granted herein are reserved by Data Advantage. This User Agreement constitutes the entire agreement between you and Data Advantage with respect to your use of this Site and the Site Materials, and supersedes any and all prior understandings or agreements between you and Data Advantage, whether written or oral. You acknowledge that, in providing you access to and use of this Site and the Site Materials, we have relied on your acceptance of this User Agreement.