DecisionHealth - About Us - Terms and Conditions

DecisonHealth, a division of HCPro LLC (“DecisionHealth”), may change these Terms & Conditions at any time without notice. Changes will be posted at www.decisionheatlh.com under “Terms & Conditions”.

By accessing and using the DecisionHealth website, www.decisionhealth.com (the “website”), you are agreeing to be legally bound by these Terms & Conditions. The terms “you” and “User” refer to anyone who accesses the DecisionHealth website.

As you browse through the website you may access other websites that are subject to different terms of use. When you use those sites, you will be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms & Conditions and the other terms and conditions, the other terms & conditions will govern with respect to use of such pages.

Your use of the website after any changes have been posted will constitute your agreement to the modified Terms & Conditions and all of the changes. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of these Terms & Conditions as modified by the posted changes.

[DecisionHealth’s Privacy Policy is posted at www.decisionhealth.com/privacy.aspx.]

USE OF THE DECISIONHEALTH WEBSITE

DecisionHealth hereby grants you a non-exclusive, non-transferable, limited license to access and use the website under the terms set forth below.

The website and the content, including, but not limited to, text, data, reports, opinions, images, photos, graphics, graphs, charts, animations and video (the “Content”), displayed on the website, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms & Conditions, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the website or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of DecisionHealth.

You agree to use the website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the website.

The Content is the exclusive property of DecisionHealth or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the website may be registered or unregistered marks of DecisionHealth or others. Nothing contained on this website should be construed as granting any license or right to use any of the Marks displayed on the website without the express written permission of DecisionHealth or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. To request permission to use any Content or other DecisionHealth material, please contact DecisionHealth at webmaster@DecisionHealth.com.

You shall honor all reasonable requests by DecisionHealth to protect DecisionHealth’s proprietary interests in the DecisionHealth website.

DISCLAIMER

THE CONTENT AND THE WEBSITE ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. NEITHER DECISIONHEALTH NOR UCG MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE DECISIONHEALTH WEBSITE, THE DECISIONHEALTH WEBSITE’S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE DECISIONHEALTH WEBSITE. DECISIONHEALTH HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT. NEITHER DECISIONHEALTH NOR UCG SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FORANY DAMAGES RESULTING THEREFROM.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DECISIONHEALTH AND/OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DECISIONHEALTH WEBSITE, WITH THE DELAY OR INABILITY TO USE THE DECISIONHEALTH WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DECISIONHEALTH WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE DECISIONHEALTH WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DECISIONHEALTH (OR ANY OF ITS AFFILIATES) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL UCG, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEBSITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DECISIONHEALTH WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DECISIONHEALTH WEBSITE.

USER’S CONTENT

Where the User is invited to submit any contribution to the website (including without limitation any text, graphics, video or audio) (the “Other Content”) you are required by such submission to grant DecisionHealth a perpetual, royalty-free, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content[, consistent with privacy restrictions set forth in DecisionHealth’s Privacy Policy]. If you do not wish to grant such rights to DecisionHealth, you should not submit your contribution to the website. By submitting your contribution to the website site, you also:

Warrant that such contribution is your own original work and that you have the right to make it available to DecisionHealth for all the purposes specified above;
Indemnify DecisionHealth against all legal fees, damages and other expenses that may be incurred by a result of your breach of the above warranty; and
Agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the website and the other purposes specified above.

Users entering material into the website are responsible for the Other Content. DecisionHealth has no responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the DecisionHealth website. However, DecisionHealth retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that DecisionHealth deems to be illegal, offensive, or otherwise inappropriate.

You may not input or distribute any material through the DecisionHealth website that is promotional in nature, including solicitations for funds or business, without the prior written authorization of DecisionHealth.

The User agrees to indemnify DecisionHealth, UCG, their affiliates and agents from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that DecisionHealth, UCG, their affiliates and agents may incur as a result of either: (i) User’s use of the website; or (ii) the User’s breach of this Agreement.

LINKS TO OTHER WEBSITES

You may, through hypertext or other computer links, gain access to websites operated by persons other than DecisionHealth. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such websites’ owners. You agree that DecisionHealth is not responsible for the content or operation of such websites, and that DecisionHealth shall have no liability to you or any other person or entity for the use of third party websites. Except as described below, a hyperlink from this website to another website does not imply or mean that DecisionHealth endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites to which you link from the DecisionHealth website.

DECISIONHEALTH PRODUCTS AND SERVICES

You become an authorized user and licensee of specifically ordered DecisionHealth data, information and/or software products and services (“DecisionHealth Product(s)”) by accessing, downloading (even on a temporary basis) and/or using any DecisionHealth Products. For certain DecisionHealth Products, you may be required to register by (1) completing the registration process; and (2) agreeing to all the provisions of the Terms & Conditions together with any terms and conditions and / or license agreement that are product specific.

ANTI-HACKING PROVISION

You expressly agree not to use this website in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:

use the website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the website or any data or content found on or accessed through the website without prior express written consent;
obtain or attempt to obtain through any means any materials or information on the website that have not been intentionally made publicly available either by their public display on the website or through their accessibility by a visible link on the website;
in any way bypass or circumvent any other measure employed to limit or prevent access to the website or its content;
violate the security of the website or attempt to gain unauthorized access to the website, data, materials, information, computer systems or networks connected to any server associated with this website, through hacking, password mining or any other means;
interfere or attempt to interfere with the proper working of the website or any activities conducted on or through the website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the website; or
take or attempt any action that, in the sole discretion of this website’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the website or such operation’s infrastructure.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the website. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions could be subject to criminal or civil penalties.

You are entirely liable for activities conducted by you in connection with your browsing and use of the website. If you are dissatisfied with the Content or the website or with these Terms & Conditions, your sole and exclusive remedy is to stop using the Content and the website. DecisionHealth will not pay you any damages in connection with your browsing or use of the website.

TERM; TERMINATION

These Terms and Conditions are effective until terminated by DecisionHealth. DecisionHealth may terminate these Terms and Conditions with respect to you or any other third party without notice at any time for any reason. Upon termination all rights granted in these Terms and Conditions shall immediately cease to exist and you must promptly discontinue all use of the Content and the website and destroy all copies of the Content downloaded by you. In addition, in the event that we determine, in our sole discretion, that you have breached any of our Terms and Conditions, we reserve the right to terminate access to the website and take any other action which we, in our sole discretion, deem to be appropriate. All terms that by their nature should survive termination of these Terms and Conditions will survive.

COPYRIGHT AND TRADEMARK NOTICES

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to DecisionHealth’s designated contact referenced at the end of these Terms and Conditions. ALL INQUIRIES NOT SUBMITTED ACCORDING TO THIS PROCEDURE WILL RECEIVE NO RESPONSE.

GENERAL

This website is controlled by DecisionHealth from its offices within the State of Maryland, United States of America. DecisionHealth makes no representation that the Content is appropriate for use in other locations. Any claim relating to the Content will be governed by the laws of the State of Maryland, notwithstanding any conflicts of law principles, and the United States of America. You and DecisionHealth agree that and hereby submit to the exclusive personal jurisdiction and venue of the State and Federal Courts located in Montgomery County, Maryland with respect to any such claim. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Site and these Terms and Conditions must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. Any part of these Terms and Conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions. All waivers must be in writing. Any waiver or failure to enforce these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign your rights or obligations granted under these Terms and Conditions without the prior written consent of DecisionHealth. Any attempted assignment or transfer without such prior written consent from DecisionHealth shall be null and void. The headings of sections of these Terms and Conditions are for convenience only and are not to be used in interpreting these Terms and Conditions. In the event DecisionHealth is required to initiate legal proceedings to enforce any provision of these Terms and Conditions or you initiate any legal proceedings relating to these Terms and Conditions, the prevailing party shall be entitled to recover all reasonable attorneys’ fees from the other party. These Terms and Conditions constitute the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. These Terms and Conditions may only be modified by DecisionHealth in writing.

Contact Information

All requests for further information or for permission to reproduce any portions of the Content or website should be directed to: General Counsel, DecisonHealth, 233 N. Michigan Ave., 21st Floor | Chicago, IL 60601-5809, PHONE: 800-650-6787.

These Terms of Conditions were last updated on February 28, 2011.