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Welcome to the Healthgrades Web site (this "Site") provided by Health Grades, Inc. ("Healthgrades," "we" or "us"). Healthgrades collects data and other information regarding hospitals, physicians, long-term care facilities and other providers of healthcare services (collectively, "Healthcare Providers") from a variety of sources. Healthgrades uses proprietary processes and algorithms to select, compile and adjust certain data to generate ratings of the Healthcare Providers ("Ratings"). On this Site, Healthgrades makes available Ratings and other information, profiles and materials regarding Healthcare Providers (collectively with the Ratings, the "Site Materials").
This user agreement ("User Agreement") governs your access to and use of this Site and the Site Materials and constitutes a binding agreement between you and Healthgrades. Please note that 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 any such change takes effect will be deemed to constitute your acceptance of and agreement to the new User Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS. BY CLICKING ON "I AGREE," OR 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: (A) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT; (B) YOU OR YOUR ENTITY, AS APPLICABLE, 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 HEALTHGRADES AND YOU OR YOUR ENTITY, AS APPLICABLE; AND (C) 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 OR YOUR ENTITY, AS APPLICABLE, 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 SELECT THE 'I AGREE' BUTTON ASSOCIATED WITH THIS USER AGREEMENT AND DO NOT ACCESS, USE OR BROWSE OUR SITE; HEALTHGRADES DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, USE OR BROWSE THIS SITE OR THE SITE MATERIALS.
1. 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 or medical advice. The Ratings and Healthcare Provider 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 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. Healthgrades and its licensors, suppliers and affiliates (collectively, the "Affiliates"), and the directors, officers, agents, and representatives of each, assume no (and hereby disclaims all) responsibility or liability of any kind, 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.
Upon clicking "I Accept," Healthgrades grants you a revocable, non-exclusive, non-transferable, limited 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. All rights not expressly granted to you herein are reserved by Healthgrades; there are no implied licenses under this Agreement. The license granted to you in this User Agreement is expressly conditioned on your continued compliance with this User Agreement. Please note that Healthgrades, in its sole discretion, may change this User Agreement from time to time and your continued use of this Site or any Site Materials after any such change takes effect will be deemed to constitute your acceptance of and agreement to the changed User Agreement.
3. Ownership; Confidentiality
As between you and Healthgrades, all right, title and interest in and to the Site and the Site Materials, including without limitation the Ratings, and the 1-3-5 star rating system and methodology, together with all intellectual property rights embodied therein, are the property of Healthgrades or Healthgrades' Affiliates. The Site and Site Materials are protected by law, including but not limited to U.S. and international copyright law, trademark law, trade secret law, as well as other state, federal, and international laws, regulations and treaties (collectively, "IP Laws"). Healthgrades does not claim any rights in unaltered government data.
You agree not to engage in any activity that would constitute copyright infringement with respect to the Site Materials, including without limitation the Ratings, and/or the 1-3-5 star rating system and methodology. You acknowledge that Healthgrades selected, compiled, arranged and adjusted data and information regarding Healthcare Providers and the Ratings are original compilations (as defined by the 1976 Copyright Act, 17 U.S.C. § 101) containing material wholly and exclusively original to Healthgrades. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Site Materials or any portion thereof without Healthgrades' prior written consent. By way of illustration but not limitation, except as expressly permitted in this User Agreement or otherwise permitted by us in writing, you may not, directly or indirectly, transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of this Site or any Site Materials (including, but not limited to, any Ratings), in whole or in part, in any form or by any means. Also by way of illustration but not limitation, except as expressly permitted in this User Agreement or otherwise permitted by us in writing, you may not, directly or indirectly, use any of the Ratings for any purposes other than your personal, non-commercial evaluation of Healthcare Providers, to compile mailing lists or other lists of Healthcare Providers for commercial purposes, to establish independent data files or compendiums of statistical information or in violation of any applicable laws or regulations. Additionally, you may not use any metatags or any other "hidden text" utilizing the name "Healthgrades" without our prior written permission.
Further, you agree not to engage in any activity that would constitute unfair competition or trademark infringement in connection with the Site Materials, including without limitation the Ratings. You acknowledge that Healthgrades®, Healthgrades.com™, the CHECKMARK DESIGN AND FIVE STAR RATING LOGO®, GUIDING AMERICA TO BETTER HEALTHCARE®, GUIDING AMERICANS TO THEIR BEST HEALTH™, THE HEALTHCARE RATING EXPERTS™, THE HEALTHCARE QUALITY EXPERTS™, HEALTHGRADES CONNECTING POINT™, HEALTHGRADES FOCAL POINT™, HEALTHGRADES PATIENT DIRECT CONNECT™, DISTINGUISHED HOSPITAL AWARD™, DISTINGUISHED HOSPITAL AWARD FOR CLINICAL EXCELLENCE™, DISTINGUISHED HOSPITAL AWARD FOR PATIENT SAFETY™, SPECIALTY EXCELLENC