These terms of use (the “Terms”) govern your access to and use of this website of Healthcare Data Analytics, Inc., an Indiana corporation (“HDA”), and any other HDA website that links to or references these Terms (“Site”). By accessing or using the Site, you are acknowledging that you have read and understand these Terms and you are agreeing to be legally bound by them. Do not access or use the Site if you are unwilling or unable to be bound by the Terms. If you do not agree to the Terms, you may not create an account with HDA or access or use any site or any part of HDA services.
HDA reserves the right, in its sole and absolute discretion, to modify or update these Terms at any time. Please check the Terms each time you visit the Site for the most current information. These Terms apply to the Site and to all content contained herein, whether you access such content on this Site or you download such content from this Site. If these Terms are not consistent with the express terms that apply to the any information, products, or services (collectively, the “Services”) offered by HDA through this Site, then the express terms that apply to the Services will apply. If you decide to purchase products or services that are offered now or in the future from this Site, such order or purchase will additionally be governed by the applicable service agreement.
HDA may change these Terms or the features of this Site, including eliminating or discontinuing any services, products, content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted. All changes shall be effective immediately upon posting of such notice. If you use the Site and/or your account after HDA has changed these Terms you agree to be bound by all of the changes. You are expected to review the Site periodically to ensure familiarity with any posted modification.
If any portion of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible. Any rights not expressly granted herein are reserved.
ACCOUNT
You may be required to create an account in order to use some features of the Site or the Services. To create an HDA account, you must use a valid email address registered to you. You may not impersonate any person or entity, or otherwise mislead as to the origin of the content you share with HDA when you register. Unless otherwise expressly stated, communications between HDA and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and HDA electronically shall satisfy any legal requirements that such communications be in writing. By creating an account, you represent and warrant to HDA that (i) you are over the age of eighteen (18) and have the power and authority to enter into and perform the obligations under these Terms of Use, and (ii) all information provided by you to HDA through the Site is accurate and complete. You are solely responsible for maintaining the confidentiality of any password you use to access your account.
CONTENT; OWNERSHIP OF MATERIALS
This Site and the content contained herein are protected by U.S. and international copyright laws. This Site and the subject matter contained herein is HDA’s proprietary information and, if such subject matter is on a password protected portion of this Site or labeled confidential, then it is confidential information, and may not be shared or used for any purposes other than the purpose for which it was provided by HDA, without the express written permission of HDA. Articles, videos, infographics, blogs, services documentation, information, text, graphics, website design (and its selection, assembly and arrangement) and other materials found on this Site or other websites owned or maintained by HDA and its subsidiaries and affiliates (such materials, “HDA Content”) are solely the property of HDA or the applicable subsidiary or affiliate. If you access HDA Content on a password-protected portion of this Site, then no part of any HDA Content (including individual elements or documents) contained therein may be reproduced or distributed in any form or by any means, electronic or otherwise, now known or hereafter developed, including, but not limited to, the Internet, without the express prior written consent of HDA. Further, such HDA Content located on a password-protected portion of this Site may only be used for the express purpose that it is provided for, and for no other reason whatsoever. Except as provided in the preceding sentence, none of HDA Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of HDA or the owner of HDA Content.
TRADEMARK RIGHTS
Healthcare Data Analytics and other trademarks, service marks, and logos (the “Trademarks”) used on this Site or in its publications or HDA Content contained herein are registered or unregistered Trademarks of HDA or their respective owners. The Trademark owner has exclusive rights to the Trademarks. Any unauthorized use of the Trademarks is strictly prohibited. You may not display or use the Trademarks for any purpose without the express written permission of Trademark owner.
RESTRICTIONS ON USE; SUSPENSION AND TERMINATION
By using this Site, you are agreeing that you will not attempt, directly or indirectly, to reverse engineer, decompile, or disassemble any HDA Content, HDA services or service information, any confidential or proprietary criteria developed or used by HDA relating to services you receive from HDA, or any of HDA confidential and proprietary information contained herein. The entire right, title and interest in and to this Site, HDA Content, HDA services and HDA service documentation, and all copyrights, patents, trade secrets, trademarks, trade names, and all other intellectual property rights associated with any and all ideas, concepts, techniques, inventions, processes, or works of authorship including, but not limited to, all materials in written or other tangible form developed or created by HDA, shall at all times vest exclusively in HDA. You acknowledge that any misuse, misappropriation or threatened misappropriation of HDA’s intellectual property rights or confidential information, or any breach or threatened breach of the foregoing restrictions, may cause immediate and irreparable injury to HDA, and in such event, HDA shall be entitled to seek injunctive relief. Nothing stated herein will be construed to limit any other remedies available to HDA including, but not limited to suspension and/or termination of the services provided to you.
The public content on this Site may not be used for any commercial purpose or copied, distributed, displayed, modified, or reverse engineered without HDA’s prior written permission. You may print or download portions of the public material from the Site solely for your own noncommercial use, and you will not change or delete any copyright or proprietary notices from the materials.
DISCLAIMER
You expressly agree that use of the Services is at your sole risk. HDA shall not be liable for any loss, liability, cost or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the Site, including any content including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all reviews, opinions, advice, services and other content provided on the Site. HDA does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services, or as to the accuracy or reliability of any information, service, or materials provided through the Services. You understand and agree that any alerts provided to you through any Services may be delayed or prevented by a variety of factors. HDA does not guarantee the delivery or accuracy of the content of any alert. You also agree that HDA shall not be liable for any delays, failure to deliver or misdirected delivery of any alert, for any errors in the content of an alert or for any actions taken or not taken by you or any third-party in reliance on an alert. You acknowledge that HDA collects data from public records and other sources for use in the Services and that this data may contain errors and omissions. The information, products, and services available on this Site may include technical inaccuracies or typographical errors. HDA does not guarantee the correctness or completeness of the Services and HDA will not be liable for any loss or injury caused, in whole or part, either by its negligence or circumstances beyond its control in procuring, compiling, collecting, interpreting or making available the Services. You understand that not all information is available for all states and that HDA does not have access to some information that may be available to other parties. You also understand there may be a period of time between receipt of certain information by HDA and its inclusion of such information into the Services. You recognize that HDA’s sole obligation in the case of erroneous data, when notified in writing by you of such erroneous data, is correction of the record in question.
NO WARRANTIES AND LIABILITY
THE SITE, INCLUDING ALL CONTENT, PRODUCTS, SERVICES AND HDA CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU “AS IS”, WITH NO WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. NEITHER HDA NOR ITS SUBSIDIARIES OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (A) AS TO THE CONTENT, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH OUR SITE, (B) THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, PRODUCTS OR SERVICES, OR (C) THAT THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, HDA AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER HDA, ITS SUBSIDIARIES, NOR ITS AFFILIATES HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF HDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF THE SERVICES. IF APPLICABLE LAW IN YOUR STATE DOES NOT ALLOW THE LIMITATION OR EXECLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIN OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF HDA OR ITS SUBSIDIARIES OR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHR IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILIT) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY SERVICES OR THIS WEBSITE.
POLICY ON LINKS TO THIRD PARTY WEBSITES
This Site may contain links to third-party websites. HDA does not represent, guarantee, or endorse any third-party website that you may access from this website. In addition, if we provide a link to a third-party website, we do not represent, guarantee, or endorse the company or any of its offerings. Links contained on this Site are provided solely as a convenience to you. When you access a third-party website, please understand that the linked site and its content are not under HDA’s control. HDA is not responsible for webcasting or any other form of transmission received from any linked sites. You are responsible for protecting your system from viruses and other invasive items.
UNSOLICITED IDEA SUBMISSION POLICY
When you provide HDA with comments, suggestions, or ideas (collectively “Feedback”), such Feedback is not considered confidential and becomes the property of HDA. HDA not obligated to you if you provide such Feedback. HDA is free to use, copy, or distribute the Feedback to others for any purpose.
INTERNATIONAL USE
Because you can access this website internationally, you agree to follow all local rules about the Internet, data, email, and privacy. Specifically, you agree to follow all laws that apply to transmitting technical data exported from the United States or the country of your residence. You understand that you are on a Site maintained, hosted and offered from HDA, a United States-based company, and that international laws, including international privacy laws may not apply to your use of this Site.
APPLICABLE LAW
The materials in this Site are designed for use by residents of the United States and its territories and possessions. The laws applicable to the interpretation of these terms and conditions shall be the laws of the State of Indiana without regard to any conflict of law provisions. If you choose to access this Site from outside the United States, you do so on your own initiative and you are solely responsible for your compliance with local laws. You agree that any and all disputes arising under this Agreement or out of our provision of services to you, if submitted to a court of law, shall be submitted to the state and federal courts located in La Porte County, Indiana, USA
INDEMNIFICATION
You agree to reimburse HDA, its officers, employees, agents, and partners for all losses, damages, and costs, including reasonable attorney’s fees, resulting from your violation of these Terms or any other posted HDA policy.
NOTICES
You should send any notices or other communications regarding the Site, products or services to:
Healthcare Data Analytics, Inc
Attention: General Counsel
722 Franklin Street
Michigan City, IN 46360
Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any email or postal address that we believe is your address. If you wish to update your registration information, please log in to your account and visit the “Your Account” section from the main menu
MISCELLANEOUS
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.