HCI³' Limited License and User Agreement
Welcome to the HCI³ Inquirehealthcare Application (this "App") provided by Health Care Incentives Improvement Institute, Inc. ("HCI³," "we" or "us"). HCI³ collects data and other information regarding hospitals, physicians, and other providers of healthcare services (collectively, " Healthcare Providers") from a variety of sources. HCI³ uses proprietary processes and algorithms to select, compile and adjust certain data to generate recognitions of the Healthcare Providers ("Recognitions"). Through this App, HCI³ makes available Recognitions and other information, profiles and materials regarding Healthcare Providers (collectively the " App Materials").
This user agreement ("User Agreement") governs your access to and use of this App and the App Materials and constitutes a binding agreement between you and HCI³. 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 App or any App 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 APP OR ANY APP MATERIALS. BY CLICKING ON "I AGREE," OR BY ACCESSING, USING OR BROWSING THIS APP OR ANY APP MATERIALS, YOU, ACKNOWLEDGE AND CONFIRM THAT: (A) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND (B) YOU 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 HCI³ AND YOU. IF YOU 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 APP; HCI³ DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, USE OR BROWSE THIS APP OR THE APP MATERIALS.
1. No Recommendations or Medical Advice
HCI³ is not a referral service and does not recommend or endorse any particular Healthcare Provider. Physicians and other healthcare providers, recognized by HCI³ criteria are not, by virtue of the recognition, deemed superior to providers not so recognized. Recognition in any given area is based on self reporting by Physicians, and while that self reporting is subject to audit, no guaranty or warranty of quality is expressed or implied. 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 App 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 App. HCI³ 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," HCI³ grants you a revocable, non-exclusive, non-transferable, limited license to access and view this App and the App Materials, and to copy, download, store and/or print only a single copy of any App 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 App Materials, you will reproduce and include all copyright, confidentiality and other proprietary notices included in such App Materials on any such copy. All rights not expressly granted to you herein are reserved by HCI³; 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 HCI³, in its sole discretion, may change this User Agreement from time to time and your continued use of this App or any App Materials after any such change takes effect will be deemed to constitute your acceptance of and agreement to the changed User Agreement.
3. Links to Other Apps
This App may contain links to other apps on the World Wide Web for the convenience of our users. These other apps 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, policies and practices of these other apps 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 apps. Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any other app or app owner, or any information, products or services provided by any third party. When leaving this App, 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 app.
4. Third Party Content and Privacy Information Delivered to Third Parties
Some of the App Materials, including but not limited to, certain healthcare information, product reviews, news, data, research, analysis and opinions, are provided by independent information providers ("IIPs"). 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. Moreover, any private information you deliver to third parties accessed through a link at the App will be held subject to the privacy policies of that third party, and not HCI³.
The use of the App by any entity or individual to verify the credentials of physicians is prohibited. The database of physician information which drives the App does not contain sufficient information with which to verify physician credentials under the standards of the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), National Committee for Quality Assurance (NCQA) of the Utilization Review Accreditation Committee (URAC).
5. 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 app, 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 App, or for the consequences of any reliance on such information. You must make your own determination as to these matters.
6. 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, and disclosure of your private health information that you have provided to third parties through links on our App.
THIS APP AND THE APP 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 APP MATERIALS MAY CONTAIN TECHNICAL OR OTHER 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: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS APP, THE APP MATERIALS, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THIS APP; AND (B) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS APP OR ANY APP MATERIALS WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS APP 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 APP AND THE APP 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 APP, AND YOU WILL 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.
8. Limitations of Liability
NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS APP, ANY APP MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS APP. IN THE EVENT OF ANY PROBLEM WITH THIS APP, ANY APP MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS APP, YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S).
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 APP, ANY APP MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS APP, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS APP, 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.
9. Governing Law and Selection of Venue
Regardless of the jurisdiction in which you work or reside, this User Agreement is made in the State of Connecticut, and will be construed and enforced in accordance with Connecticut law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in Connecticut, and except and to the extent that the Health Insurance Portability and Accountability Act ("HIPAA") Privacy Rule applies to any health-related information you provide to HCI³ (in which case such HIPAA Privacy Rule governs), the privacy laws of the State of Connecticut will govern.
ANY ACTION ARISING OUT OF THE CONTENT OF THIS APP, YOUR USE OF THE APP MATERIALS OR YOUR UNAUTHORIZED CITATION, REPRODUCTION OR RE-PUBLICATION OF ANY HEALTHCARE PROVIDER RATINGS OR USE OF ANY HCI³ MARKS, OR ANY ACTION TO ENFORCE THIS USER AGREEMENT WILL BE BROUGHT ONLY IN THE FEDERAL OR STATE COURTS PRESIDING IN FAIRFIELD COUNTY, CONNECTICUT, U.S.A., AND YOU EXPRESSLY AGREE TO BE SUBJECT TO THE JURISDICTION OF SUCH COURTS. USE OF THIS APP IS LIMITED SOLELY TO PERSONS WHO AGREE TO RESOLVE ANY AND ALL DISPUTES PERTAINING TO THIS APP IN THE FEDERAL AND STATE COURTS OF CONNECTICUT, AND SUCH AN AGREEMENT IS AN EXPRESS CONDITION TO USE OF THIS APP.
This App is controlled and operated by HCI³ from its offices within the United States. We make no representation that this App or the App Materials are appropriate or available for use outside of the United States, and access to this App or the App Materials from territories where their contents are illegal is prohibited. Those who choose to access this App or the App Materials from locations outside of the United States do so of their own volition and are responsible for compliance with applicable local laws.
10. Notices; Contacting HCI ³
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.
If you have any questions about this User Agreement, the App or the App Materials, or if you need to notify us, then contact us at email@example.com or at the following address:
Health Care Incentives Improvement Institute, Inc.
13 Sugar Street
Newtown, Connecticut 06470
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, and the parties will promptly substitute for the invalid provision an enforceable provision which resembles the invalid provision as closely as possible in intent and economic effect. No joint venture, partnership, employment or agency relationship exists between you and HCI³ as a result of this User Agreement or your use of this App or any App Materials. This User Agreement constitutes the entire agreement between you and HCI³ with respect to your use of this App and the App Materials, and supersedes any and all prior understandings or agreements between you and HCI³, whether written or oral. You acknowledge that, in providing you access to and use of this App and the App Materials, we have relied on your acceptance of this User Agreement.
Date Last Updated: March 1, 2013