Dr. Kimberly Fairley, MD

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HealthGrades' Limited License and User Agreement

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Sanction History
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Welcome to the HealthGrades Web site (this "Site") provided by Health Grades, Inc. ("we" or "HealthGrades"). The following Limited License and User Agreement ("User Agreement") governs your access to and use of this Site and the information, profiles, materials and other content available on or through this Site ("Site Materials"). Please read this User Agreement carefully before using this Site or any Site Materials. 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. BY CLICKING ON "I AGREE," OR BY ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS USER AGREEMENT, AND THAT YOU UNDERSTAND AND INTEND THIS USER AGREEMENT TO BE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND HEALTHGRADES, AND EQUALLY BINDING. IF YOU DO NOT AGREE WITH THIS USER AGREEMENT, YOU ARE NOT AND WILL NOT BE GRANTED PERMISSION BY HEALTHGRADES TO ACCESS HEALTHGRADES' SITE MATERIALS. 1. Nature of Service and Limited License
HealthGrades is the leading Web-based health information resource for the distribution of healthcare provider ratings and information. Among other things, we provide objective ratings of and information about hospitals, physicians, long-term care facilities, and other providers of healthcare services (collectively, "Healthcare Providers") based on data and information obtained from a variety of sources. Some of this data and information is severity adjusted (through the use of proprietary algorithms) by HealthGrades. Other data and information is provided directly by independent information providers ("IIP's") and is not adjusted or audited by HealthGrades. You agree by using this Site that the data and information here, including HealthGrades' rating system and HealthGrades' ratings of individual providers, are and remain the sole property of HealthGrades. You agree that your license to access and use this information is limited solely to a personal, revocable, nonexclusive, non-transferable license to access and view this Site and the Site Materials, and to copy, download, store and/or print a single copy of any Site Materials, solely for your non-commercial use and not for resale or distribution to anyone else. You further agree that an express condition on your license is that you will not otherwise transmit or use the Site Materials, and your continued compliance with this User Agreement. Except as expressly permitted by us in writing, you agree not to copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, mirror, frame, create derivative works of, reverse engineer, decompile or disassemble any aspect of this Site or any Site Materials (including, but not limited to, any Healthcare Provider rankings), in whole or in part, in any form or by any means, without our prior written permission. Further, you may not use any metatags or any other "hidden text" utilizing the name "HealthGrades" without our prior written permission.
2. No Recommendations or Medical Advice
HealthGrades is not a referral service and does not recommend or endorse any particular Healthcare Provider. Rather, HealthGrades is only an intermediary that provides selected information about Healthcare Providers. We do not offer advice regarding the quality or suitability of any particular Healthcare Provider for specific treatments or health conditions, and no information on this Site should be construed as health advice. The Healthcare Provider rating information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific Healthcare Provider. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific Healthcare Provider. You agree to assume all responsibility in connection with choosing any Healthcare Provider, whether or not you obtained information about such Healthcare Provider on or through this Site. We assume no responsibility or liability for any advice, treatment or other services rendered by any Healthcare Provider, 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
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All of the Site Materials, including the graphical display of this Site and all Healthcare Provider ratings, are the property of HealthGrades or our licensors, suppliers or affiliates. The Healthcare Provider rating information is contained in databases ("Databases") which constitute valuable proprietary compilations owned by HealthGrades. The Site Materials and the Databases are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations. HealthGrades owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site Materials. HealthGrades does not claim any rights in unaltered government data. The 1-3-5 Star rating system and methodology, and ratings of individual providers, are the property of HealthGrades and may not be reproduced in any manner without our prior written permission. HealthGrades®, HealthGrades.com™, the CHECKMARK DESIGN, the FIVE STAR RATING LOGO, GUIDING AMERICA TO BETTER HEALTHCARE®, THE HEALTHCARE RATINGS EXPERTS®, THE HEALTHCARE QUALITY EXPERTS®, DISTINGUISHED HOSPITAL AWARD™, DISTINGUISHED HOSPITAL AWARD FOR CLINICAL EXCELLENCE™, SPECIALTY EXCELLENCE AWARD™, PATIENT SAFETY EXCELLENCE AWARD™
OUTSTANDING PATIENT EXPERIENCE AWARD™, OSPITAL REPORT CARDS™, PHYSICIAN REPORT CARDS™, NURSING HOME REPORT CARDS™, HOME HEALTH REPORT CARDS™, HOME HEALTH QUALITY GUIDE™, HOSPITAL QUALITY GUIDE™, PHYSICIAN QUALITY GUIDE™, NURSING HOME QUALITY GUIDE™, QUALITY RATINGS SUITE™, COMPAREYOURCARE™, and SMARTCHOICE™ are service marks and trademarks of Health Grades, Inc. and may not be used in any manner (including, but not limited to, in connection with republication or citation of the Healthcare Provider ratings) without the prior written permission of Health Grades, Inc. 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 provided in this User Agreement, we do not grant you any rights under any copyrights or trademarks. Accordingly, unauthorized use or reproduction of any Site Materials may violate copyright laws, trademark 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
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