Dr. Mark Berg, MD

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HealthGrades' Limited License and User Agreement

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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
© Copyright 2009 Health Grades, Inc. All rights reserved.
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
Except as expressly permitted by us in writing, you agree that you will not, directly or indirectly, use any of the Databases or the information contained therein for any purposes other than your personal, non-commercial evaluation of Heath Care Providers. Without limiting the foregoing, you agree that you will not, directly or indirectly, use the Databases (i) to compile mailing lists or other lists of Healthcare Providers for commercial purposes; (ii) to establish independent data files or compendiums of statistical information; or(iii) in violation of any applicable laws or regulations, without our prior written authorization. Other arrangements with respect to the Databases may be available, but only with our express written permission. Please send an e-mail to info@healthgrades.com to receive additional information about the possibility of alternative arrangements regarding the Databases. 5. Password Maintenance and Responsibility
If you wish to access certain areas of this Site or the Site Materials available on or through certain areas of this Site, you must choose a password during your completion of this Site's registration process. By registering, you represent, warrant and covenant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information about yourself during the registration process; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
By logging onto this Site using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You agree to be solely responsible for the confidentiality and use of your password, as well as for any activities conducted on or through this Site using your password. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify us immediately. We reserve the right to delete or change any password at any time and for any reason.
6. Term and Termination
This User Agreement will take effect at the time you click "I Agree". 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 any of the Site Materials or services available on or through this Site; or (iii) to terminate this User Agreement. 7. 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. Any changes to the Privacy Policy will be posted on this Site, and you should periodically consult this Site to stay apprised of any such changes. 8. 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 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. 9. Third Party Content
Some of the Site Materials, including, but not limited to, healthcare information, product reviews, news, data, research, analysis and opinions, are provided by IIPs. As a general matter, we believe that the IIPs obtain such information, materials and other content from sources that they deem to be reliable. However, 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 IIPs. We do not endorse, oppose or edit any opinion or analysis expressed by any of the IIPs. We assume no responsibility or liability for any information, materials or other content provided by any of the IIPs. 10. Permission to Use Your Submissions
Any and all information (other than information given in connection with registration, which shall be treated as set forth in other provisions of this User Agreement), suggestions, feedback, ideas, concepts, comments, illustrations and other materials that you disclose or offer to us on or in connection with this Site or any Site Materials ("Submissions") are submitted without any restrictions or expectation of confidentiality. You hereby assign to us without compensation or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on this Site or elsewhere by us, our assigns or others we have allowed to use your Submissions. You will not assert any proprietary right or moral right of any kind with respect to any Submissions.
11. 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, neither we nor our affiliates are 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. For more private and personalized attention, you can write to us at: Health Grades, Inc. 500 Golden Ridge Road, Suite 100 Golden, Colorado 80401
12. 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 HealthGrades 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 investigate the allegation and determine in our sole discretion whether to remove or request the removal of the same from this Site. Notices to us regarding any alleged copyright infringement on this Site should be directed to the following individual and address: Customer Service
Health Grades, Inc. 500 Golden Ridge Road, Suite 100 Golden, Colorado 80401
13. Events Beyond Our Control
You absolve and release us and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions. 14. 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 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, 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 HEALTHCARE PROVIDER 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 HEALTHCARE PROVIDERS OR WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS SITE, AND YOU AGREE TO LOOK SOLELY TO SUCH HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES. 15. Limitations of Liability
YOU AGREE THAT NEITHER WE NOR OUR AFFILIATES WILL 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, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S). YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE 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. 16. Indemnity
You agree to defend, indemnify, and hold harmless HealthGrades and our affiliates, and our and their respective 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. 17. Governing Law and Selection of Venue
You agree that User Agreement is made in, and will be construed and enforced in accordance with, Colorado law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in Colorado. You agree that 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 Denver, Colorado, U.S.A., 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 Colorado, and such an agreement is an express condition to use of this Site. This Site is controlled and operated by HealthGrades 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. 18. 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 info@healthgrades.com or to the following address: Health Grades, Inc. 500 Golden Ridge Road, Suite 100 Golden, Colorado 80401
19. Miscellaneous
The following provisions will survive the termination of this User Agreement: Sections 2 and 3, the restrictive use provisions of Section 4, and the provisions of Sections 8 through 19. 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. No joint venture, partnership, employment or agency relationship exists between you and HealthGrades 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 HealthGrades. This User Agreement constitutes the entire agreement between you and HealthGrades with respect to your use of this Site and the Site Materials, and supersedes any and all prior understandings or agreements between you and HealthGrades, 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.

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HealthGrades' Limited License and User Agreement

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