Terms of Service
Last Updated on September 21, 2019. These Terms of Service are effective September 21, 2019 for all users.
Rate A Hospital helps consumers research, rate, and review
institutions primarily engaged in providing, by or under the supervision of
physicians, inpatient diagnostic, therapeutic, or rehabilitation services (collectively, “Hospitals”). These Terms of Service
(which, together with the Business Terms below, constitute the “Terms”) are effective for users accessing or using the
Service or registering Accounts. The Terms govern your access to and use of our
products and services, including those offered through our websites and mobile
applications (collectively, the “Service”). "Rate A Hospital” refer
to: The SafeCare Group, LLC, a limited liability company with its headquarters
in Lexington, Kentucky. Do not access or use the Service if you are
unwilling or unable to be bound by the Terms.
BY USING OR OTHERWISE ACCESSING THE SERVICE AND/OR BY CREATING
AN ACCOUNT WITH US, YOU AGREE TO THE TERMS, INCLUDING THE INFORMATION PRACTICES
DISCLOSED IN OUR PRIVACY POLICY. WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALTHCARE
JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE,
PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID
OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HOSPITAL, UNDER ANY
CIRCUMSTANCE. DO NOT USE THE SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU
EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND
911. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR
POSTED ON THE SERVICE OR AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND
MUST NOT BE TAKEN TO BE, THE PROVISION OF MEDICAL CARE. YOU ACKNOWLEDGE THAT THE SERVICE DOES NOT CONSTITUTE MEDICAL
OPINION, MEDICAL ADVICE, OR DIAGNOSIS OR TREATMENT.
WE DO NOT RECOMMEND OR ENDORSE ANY PARTICULAR
HOSPITAL WHOSE INFORMATION,
REVIEWS, OR RATINGS APPEAR ON THE SERVICE. WE DO NOT RECOMMEND OR ENDORSE ANY
SPECIFIC TESTS, PROCEDURES, OPINIONS THAT MAY SUBMITTED TO, THROUGH, OR IN
CONNECTION WITH THE SERVICE. IF YOU RELY ON CONTENT, YOU DO SO SOLEY AT YOUR
OWN RISK. YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HOSPITAL, INCLUDING WITHOUT
LIMITATION, DETERMINING WHETHER THE APPLICABLE HOSPITAL IS SUITABLE FOR YOUR
HEALTHCARE NEEDS BASED ON QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND
CIRCUMSTANCES THAT COULD IMPACT YOUR CARE. IF YOU DO NOT AGREE WITH THESE
TERMS, YOU CANNOT USE THE SERVICE.
TABLE
OF CONTENTS
1. DEFINITIONS
2. NOT MEDICAL ADVICE
3. CONTINUED USE DEEMED ACCEPTANCE
4.
USE OF THE SERVICE
5.
CONTENT
6.
YOUR PERSONAL
INFORMATION
7.
HOSPITALS
8.
PROCEDURES/PRODUCTS/SERVICES
9.
REPRESENTATIONS AND
WARRANTIES
10.
ADDITIONAL POLICIES
AND TERMS
11.
DELAYS AND
ACCESSIBILITY
12.
FEEDBACK
13.
THIRD PARTY CONTENT
AND SERVICES
14.
INDEMNIFICATION
15.
DISCLAIMERS AND
LIMITATIONS OF LIABILITY
16.
JURISDICTION
17.
TERMINATION OF ACCESS
18.
GENERAL TERMS
1. DEFINITIONS
A. Parties. For convenience, the terms "user", "you",
"your" refer to all users of the Service, including, without
limitation, anyone that accesses or visits the Service and view only
publicly-available content; individuals who have signed up to use the Service;
and Hospitals and other providers of healthcare services and persons working on
their behalves who input or post or edit profiles and other content, materials
and information related to them. The terms "us", "we",
"our", refer to Rate A Hospital and its affiliates and
subsidiaries.
B. Content. “Content” means text, data,
graphics, images, photographs, video, audio, information, suggestions,
guidance, and other materials provided, made available or otherwise found
through the Service. “Your Content” means Content that
you submit or transmit to, through, or in connection with the Service, such as
ratings, reviews, photos, videos, compliments, invitations, votes, friending
and following activity, direct messages, and information that you contribute to
your user profile. “User Content” means
Content that users submit or transmit to, through, or in
connection with the Service e.g. your questions or postings. “Rate A Hospital Content” means Content that we
create and make available in connection with the Service. “Third Party Content” means Content that originates
from parties other than Rate A Hospital or its users, which is made available
in connection with the Service. The “Service Content” means
all of the Content that is made available in connection with the Service,
including Your Content, User Content, Rate A Hospital Content, and Third Party
Content.
C. Accounts. An account means to use the Service located at
www.rateahospital.com and related domains and mobile applications, including
those directed to users outside the United States of America.
2. NOT MEDICAL ADVICE
The Content that you obtain or receive from the Service, its
employees, contractors, partners, sponsors, advertisers, licensors or otherwise
submitted or transmitted to, through, or in connection with the Service, is for
informational purposes only. All medically related information, including,
without limitation, information shared via the Service, answers, and
advertising, comes from independent sources and organizations and is for
informational purposes only.
3. CONTINUED USE DEEMED ACCEPTANCE
We reserve the right, at
our sole discretion, to change, alter, amend or otherwise modify the Terms from
time to time, without additional notice to you. We will post any changes on the
Service (with the effective date of the update near the top of this page). We
encourage you to check back and revisit the Terms for any updates or
modifications. After any such modification becomes effective, we will deem your
continued use of the Service to constitute your acceptance of and agreement to
such modification. You understand and agree that your continued
access to or use of the Service after the effective date of changes to the
Terms represents your acceptance of such changes.
A. Fees. The Service is currently provided to you for free. However, we
reserve the right to begin charging fees at any time upon notice to you.
B.
Eligibility. To access or use the Service,
you must have the requisite power and authority to enter into these Terms. You
may not access or use the Service if you are a competitor of Rate A Hospital or
if we have previously banned you from the Service or closed your Account.
C. Permission to Use the Service. Subject to full compliance with the
Terms, we grant you nonexclusive, nontransferable, nonsublicensable, terminable
license to access and use the Service for your personal use. Your use of the
Service is at your own risk, including the risk that you might be exposed to
Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails
to provide adequate warning about potential risks or hazards, or is otherwise
inappropriate.
D. Service Availability. The Service may be modified, updated,
interrupted, suspended or discontinued at any time without notice or liability.
E. Accounts. We require you to create an Account and provide certain
information about yourself in order to use or access certain features that are
offered through the Service. As a condition of your use of the Service, you
agree to (a) provide us with true, accurate, current and complete information
as prompted by our registration forms, when registering for or using the
Service and (b) update and maintain the truthfulness, accuracy and completeness
of such information. You should keep your Account password private and not share
your password with anyone else. You are also responsible for all activities
that occur in connection with your Account. You agree to notify us immediately
of any unauthorized use of your Account. We reserve the right to close your
Account at any time for any or no reason.
Your Account is for
your personal, non-commercial use only, and you may not create or use a Account
for anyone other than yourself. You may not impersonate someone else, provide
an email address other than your own, or transfer your Account to another
person without Rate A Hospital’s prior approval. While there are limited,
legitimate reasons for creating multiple accounts, creating serial or
overlapping accounts may result in account termination.
F. Communications from Rate A Hospital and
Others. By accessing or
using the Service, you consent to receive communications from other users and
Rate A Hospital through the Service, or through any other means such as emails,
push notifications, text messages (including SMS and MMS), and phone calls.
These communications may promote Rate A Hospital or businesses listed on Rate A
Hospital, and may be initiated by Rate A Hospital, businesses listed on Rate A
Hospital, or other users. You further understand that communications may be
sent using an automatic telephone dialing system, and that you may be charged
by your phone carrier for certain communications such as SMS messages or phone
calls. You agree to notify us immediately if the phone number(s) you have
provided to us have been changed or disconnected. Please note that any
communications, including phone calls, with Rate A Hospital may be monitored
and recorded for quality purposes. You can opt-out of certain communications.
5. CONTENT
A. Responsibility for Your Content. You will have the opportunity to Your
Content regarding your experiences with Hospitals. It is important that you act
responsibly when providing Your Content, as once posted to Rate A Hospital, it
cannot always be withdrawn. You assume all risks associated with Your Content,
including anyone’s reliance on its quality, accuracy, or reliability, and any
risks associated with personal information you disclose. You represent that you
own or have secured all legal rights necessary for Your Content submitted by
you to be used by you, Rate A Hospital, and others as described and otherwise
contemplated in these Terms. You may not imply that Your Content is in any way
sponsored or endorsed by Rate A Hospital.
Your name and report
information may be made available to the public and to the Hospitals on which
you report. You represent and warrant that each person identified, depicted, or
shown in Your Content, if any, (and if a minor, the parent or guardian of the
minor) has provided consent to the use of Your Content consistent with these
Terms; You are solely responsible for your reviews and ratings; You will not
submit any reviews that may be considered to be infringing, harassing,
libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful,
vulgar, distasteful, defamatory, or otherwise violates any relevant law or
right of any other party, or racially, ethnically or otherwise objectionable.
Rate A Hospital may, in its sole discretion, choose to remove or not to remove
reviews and ratings once published.
B. Our Right to Use Your Content. We may use Your Content in a number of
different ways, including by publicly displaying it, reformatting it,
incorporating it into advertisements and other works, creating derivative works
from it, promoting it, distributing it, and allowing others to do the same in
connection with their own websites and media platforms (“Other Media”). As a condition of submitting any
Content, you hereby grant us irrevocable, world-wide, perpetual, non-exclusive,
royalty-free, assignable, sublicensable, transferable rights to use Your
Content for any purpose. Please note that you also irrevocably grant the users
of the Service and any Other Media the right to access Your Content in
connection with their use of the Service and any Other Media. Finally, you
irrevocably waive, and cause to be waived, against Rate A Hospital and its
users any claims and assertions of moral rights or attribution with respect to
Your Content. By “use” we mean use, copy, duplicate,
publicly display, reproduce, distribute, adapt, edit. modify, translate,
remove, analyze, commercialize, and create derivative works of Your Content.
C. Ownership. As between you and Rate A Hospital, you own Your Content.
We own the Rate A Hospital Content, including but not limited to visual
interfaces, interactive features, graphics, design, compilation (including, but
not limited to, our selection, coordination, and arrangement of User Content
and other Service Content), computer code, products, software, aggregate user
review ratings, and all other elements and components of the Service excluding
Your Content, User Content and Third Party Content. We also own the copyrights,
trademarks, service marks, trade names, trade secrets, and other intellectual
and proprietary rights throughout the world associated with the Rate A Hospital
Content and the Service, which are protected by copyright, trade dress, patent,
trademark, and trade secret laws and all other applicable intellectual and
proprietary rights and laws. As such, you may not sell, license, copy, publish,
modify, reproduce, distribute, create derivative works or adaptations of,
publicly display or in any way use or exploit any of the Rate A Hospital
Content in whole or in part except as expressly authorized by us. Except as
expressly and unambiguously provided herein, we do not grant you any express or
implied rights, and all rights in and to the Service and the Rate A Hospital
Content are retained by us.
D. Advertising. Rate A Hospital and its licensees may publicly display
advertisements, paid content, and other information nearby or in association
with Your Content. You are not entitled to any compensation for such
advertisements. The manner, mode and extent of such advertising are subject to
change without specific notice to you.
E. Other. User Content (including any that may have been created by
users employed or contracted by Rate A Hospital) does not necessarily reflect
the opinion of Rate A Hospital. We reserve the right to remove, screen, edit,
or reinstate User Content at our sole discretion for any reason or no reason,
and without notice to you. For example, we may remove a review if we believe it
violates our Content Guidelines. Except as described in Rate A Hospital’s
Privacy Policy or otherwise required by law, we have no obligation to
retain or provide you with copies of Your Content, and we do not guarantee any
confidentiality with respect to Your Content.
Protecting patient
privacy and keeping your information secure are among our biggest priorities.
Our Privacy Policy details how we may use, share, and maintain the information
that you voluntarily share with the Service.
A. Hospital Information. The Service is an informational and
educational resource for consumers and
Hospitals. Information about Hospitals is intended
for general reference purposes only. Hospitals information may be provided by
the Hospitals and/or collected from multiple other data sources that may not be
confirmed by the Hospitals. Such information can change frequently and may
become out of date, incomplete or inaccurate. We will not be responsible or
liable for any errors or omissions in, or for the results obtained from the use
of, such information.
B. Hospital Profile
Reviews. Note that the Service (a) does not recommend
or endorse any Hospitals, (b) does not make any representations or warranties
with respect to these Hospitals or the quality of the healthcare services they
may provide, and (c) does not receive any additional fees from Hospitals for
higher or better placement on lists through the Service. Note, however, to the
extent that you use the Service, we may provide lists and/or profile previews
based on information that you provide to us, past selections by and/or ratings
of Hospitals by you or by other users, and past experience of users with Hospitals.
We may show you advertisements or sponsored results on the Service, including
above the search results. Sponsored Results shown through the Service are not,
and should not be considered, an endorsement or recommendation by Rate A
Hospital of the Hospitals. Your dealings with, or participation in promotions
of any Hospital (which includes, but is not limited to, health care and
wellness providers), and any other terms, conditions, representations or
warranties associated with such dealings, are between you and such Hospital.
C.
Hospital
Acknowledgement. You understand and
acknowledge that the Service allows consumers to post Content about your
Business, including photos, ratings, and reviews. You understand and
acknowledge that the Service employs automated software in
an effort to showcase the most reliable and useful reviews while displaying
other reviews less prominently. You understand and acknowledge that while we
use automated software to identify potentially less helpful reviews, the automated software may sometimes suppress
legitimate reviews or fail to detect illegitimate reviews. You understand and
acknowledge that any purchase of advertising or other paid features from Rate A
Hospital will not influence or otherwise allow or enable you, directly or
indirectly, to alter reviews or impact whether, where, or how reviews appear on
the Service.
D.
Hospital
Warranty. You represent, warrant and
covenant that you will not use the Service, directly or indirectly, to engage
in any anti-competitive, deceptive or unfair practices, or otherwise violate
applicable antitrust, competition or consumer protection laws, or regulations.
You represent, warrant and covenant that you will not pay or induce any third
party to post, refrain from posting, or remove reviews, or otherwise attempt to
circumvent the automated software. You also represent, warrant and covenant
that you will not use any Service trademarks in any manner without prior
written consent.
8. Procedures/Products/Services
Procedures, products,
services and devices discussed and/or marketed through
the Service are not applicable to all individuals, patients or all clinical
situations. Any procedures, products, services or devices represented through
the Service by advertisers, sponsors, and other participants of the Service,
either paid or unpaid, are presented for your awareness and do not necessarily
imply, and we make no claims as to, safety or appropriateness for any
particular individual or prediction of effectiveness, outcome or success.
9. REPRESENTATIONS AND WARRANTIES
We
are under no
obligation to enforce the Terms on your behalf against another user. While we
encourage you to let us know if you believe another user has violated the
Terms, we reserve the right to investigate and take appropriate action at our
sole discretion.
A. You represent, warrant and covenant that:
i.
You have read and
understood our Content Guidelines.
ii.
You have read and
understood our Privacy Policy.
iii.
You have read and
understood our Infringement Policy.
iv.
If you use the Service
outside of the United States of America, you consent to having your personal
data transferred to and processed in the United States of America; and
B.
You represent, warrant
and covenant that you should
obtain any additional information necessary to make an informed decision prior
to selecting and using any specific Hospital.
i.
Violate our Terms,
Privacy Policy, Infringement Policy and Content Guidelines;
ii.
Violate any applicable
local, state, or federal law, and any rules and regulations having the force of
law;
iii.
Violate any third
party’s rights, including publicity rights, contractual rights, fiduciary
rights, intellectual property rights;
iv.
Impersonate another
person;
v.
Submit any bogus,
intentionally misleading or defamatory review, trade reviews with others, or
compensate someone or be compensated to post, refrain from posting, or remove a
review;
vi.
Post the same note
more than once or "spamming" or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
vii.
Libel, defame,
disparage or invade the privacy of any third party;
viii.
Post harmful,
threatening, offensive, abusive, harassing, vulgar, false or inaccurate,
racially, sexually, ethnically or are otherwise objectionable Content;
ix.
Promote or advertise
any person, Hospital, product or service, political or religious ideology, or
solicit funds;
x.
Compile mailing lists,
emails, surveys, or other lists of Hospitals, whether commercial in nature or
not;
xi.
Post chain letters or
pyramid schemes;
xii.
Solicit personal
information from minors, or submit or transmit pornography;
xiii.
Sell, share, or
otherwise transfer your Account username, password, other information, or your
rights or obligations under these Terms;
xiv.
Establish independent
data files or otherwise amass statistical information thereof or therefrom;
xv.
Modify, adapt,
appropriate, reproduce, distribute, translate, create derivative works or
adaptations of, publicly display, sell, trade, or in any way exploit the
Service or Service Content (other than Your Content), except as expressly
authorized by Rate A Hospital;
xvi.
Access, download,
monitor, or copy any information contained on the Service through artificial
means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’,
‘spider’ or other automatic device, program, algorithm or methodology, or any
similar or equivalent automatic or manual process, or in any way reproduce or
circumvent the navigational structure or presentation of the Service to obtain
or attempt to obtain any Content, materials, documents or information through
any means not purposely made available through the Service;
xvii.
Reverse engineer any
portion of the Service, unless applicable law prohibits this restriction, in
which case you agree to provide us with 30 days’ prior written notice;
xviii.
Remove or modify any
copyright, trademark or other proprietary rights notice that appears on any
portion of the Service or on any materials printed or copied from the Service;
xix.
Attempt to obtain or
ascertain or obtain or ascertain any other Account by recording, processing, or
mining information about users;
xx.
Access, retrieve or
index any portion of the Service for purposes of constructing or populating a
searchable database of business reviews;
xxi.
Reformat or frame any
portion of the Service;
xxii.
Take any action that
imposes, or may impose, in our sole discretion, an unreasonable or
disproportionately large load on Rate A Hospital’s technology infrastructure or
otherwise make excessive traffic demands of the Service;
xxiii.
Attempt to gain
unauthorized access to the Service, Accounts, computer systems or networks
connected to the Service through hacking, password mining or any other means;
xxiv.
Use the Service or any
Service Content to transmit any computer viruses, worms, defects, Trojan
horses, worms, timebombs, malicious code, spyware, malware or other items of a
destructive or harmful nature;
xxv.
Use any device,
software or routine that interferes with the proper working of the Service, or otherwise
attempt to interfere with the proper working of the Service;
xxvi.
Use the Service to
violate the security of any computer network, mine passwords or hack security
encryption codes; disrupt or interfere with the security of, or otherwise cause
harm to, the Service or Service Content; or
xxvii.
Remove, circumvent,
disable, damage or otherwise interfere with any security-related features of
the Service, features that prevent or restrict the use or copying of Service
Content, or features that enforce limitations on the use of the Service.
10. ADDITIONAL POLICIES AND TERMS
A. Copyright And Trademark Disputes. You agree to follow our Infringement
Policy in notifying us about copyright and trademark disputes concerning
User Content. You agree we may forward any notification sent pursuant to our
Infringement Policy to the user who submitted the User Content at issue. In accordance with the Digital Millennium Copyright Act of 1998,
Title 17 of the United States Code, Section 512 (“DMCA”), the Service will
respond promptly to claims of copyright or trademark infringement that are
reported to us. You may contact us concerning copyright issues, or write to us
at the following address:
Rate A Hospital,
Attn: Compliance
1890 Star Shoot Parkway, Suite 170
Lexington, KY 40509
B. Additional Terms. Your use of the Service is subject to
any and all additional terms, policies, rules, or guidelines that we may post
on or link to from the Service (the “Additional Terms”).
11. DELAYS AND ACCESSIBILITY
The Service may be subject to limitations, delays,
failure, and other problems inherent in the use of the Internet and electronic
communications. Rate A Hospital is not responsible for any delays, failures or
other damage resulting from such problems.
Rate A Hospital
appreciates hearing from you, as well as our other users, and welcomes your
comments regarding the Service. By submitting proposals, remarks, emails,
complaints, suggestions, improvements, ideas, graphics, edits, concepts,
comments, illustrations and other materials (“Feedback”), you
agree that:
i.
your Feedback does not
contain any third party confidential or proprietary information;
ii.
we are under no
obligation of confidentiality, express or implied, with respect to the
Feedback;
iii.
we may have something
similar to the Feedback already under consideration or in development;
iv.
we have no obligation
to review, consider, or implement the Feedback, or to return to you all or part
of the Feedback; and
v.
you grant us an
irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable,
sublicensable, transferable license to use, modify, prepare derivative works
of, publish, distribute and sublicense the Feedback, and you irrevocably waive,
and cause to be waived, against Rate A Hospital and its users any claims and
assertions of any moral rights contained in such Feedback.
13. THIRD PARTY CONTENT AND SERVICES
The Service may host
Third Party Content, or include links to other websites or applications (each,
a “Third Party Service”). The Service has no control over,
and assumes no responsibility for, the content, accuracy, privacy policies, or
practices of, or opinions expressed by any Third Party Content or Third Party
Service. Your use of and reliance on any Third Party Content or Third Party
Service is at your own risk. Some of the services made available through the
Service and Third Party Services may be subject to additional third party terms
of service, privacy policies, licensing terms and disclosures, and other terms,
conditions, and policies, including without limitation the ones posted here. It
is your responsibility to familiarize yourself with any such applicable third
party terms.
14. INDEMNIFICATION
You agree to
indemnify, defend, and hold harmless Rate A Hospital, its parents,
subsidiaries, affiliates, any related companies, suppliers, licensors and
partners, and the officers, directors, employees, agents, contractors and
representatives of each of them (collectively, “The SafeCare Group Entities”)
from and against any and all third party claims, actions, demands, losses, damages,
costs, liabilities and expenses (including but not limited to attorneys’ fees
and court costs) arising out of or relating to:
i.
your access to or use
of the Service, including Your Content;
ii.
your violation of the
Terms;
iii.
your breach of your
representations and warranties provided under these Terms;
iv.
any products or
services purchased or obtained by you in connection with the Service;
v.
your products or
services, or the marketing or provision thereof to end users;
vi.
the infringement by
you, or any third party using your Account, of any intellectual property or
other right of any person or entity.
Rate A Hospital
reserves the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us and you agree
to cooperate with our defense of these claims. You agree not to settle any such
matter without the prior written consent of Rate A Hospital. Rate A Hospital
will use reasonable efforts to notify you of any such claim, action or
proceeding upon becoming aware of it.
15. DISCLAIMERS AND LIMITATIONS OF
LIABILITY
PLEASE READ THIS SECTION
CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE RATE A HOSPITAL ENTITIES TO YOU.
EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED
UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY
HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU
REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING
THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE
TERMS.
A. YOU ACCESS AND USE THE SERVICE AT YOUR OWN
DISCRETION AND RISK. THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU
ON AN “AS IS, AS AVAILABLE” BASIS AND WITHOUT WARRANTIES, “WITH ALL FAULTS”,
WITH THE EXPRESS UNDERSTANDING THAT THE RATE A HOSPITAL ENTITIES MAY NOT
MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT.
B. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE
TERMS, RATE A HOSPITAL DOES NOT REPRESENT OR WARRANT THAT:
i.
THE SERVICE WILL MEET
YOUR REQUIREMENTS;
ii.
THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
iii.
THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
iv.
THE QUALITY OF ANY
CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND;
v.
ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
C. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE
THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME,
WITHOUT NOTICE TO YOU. ACCORDINGLY, RATE A HOSPITAL IS NOT LIABLE TO YOU FOR
ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE
SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF
DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY
VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY
OF THE HOSPITAL LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION
OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR
MADE AVAILABLE THROUGH THE SERVICE.
D. ANY MATERIAL ACCESSED, DOWNLOADED, OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM RATE A HOSPITAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TERMS.
E. THE RATE A HOSPITAL ENTITIES MAKE NO CLAIMS OR
PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE HOSPITALS OR ADVERTISERS
LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR
THE SERVICE’S USERS. ACCORDINGLY, RATE A HOSPITAL IS NOT LIABLE TO YOU FOR ANY
PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S
ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR HOSPITAL
MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A
NEGATIVE EXPERIENCE WITH ONE OF THE HOSPITALS OR ADVERTISERS LISTED OR FEATURED
ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD
PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
F. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN
CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER
GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF
THE SERVICE.
G. RATE A HOSPITAL WILL NOT BE LIABLE FOR ANY:
i.
INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES;
ii.
LOSS OF PROFITS OR
REVENUE;
iii.
LOSS OR DAMAGE TO
DATA;
iv.
HOSPITAL INTERRUPTION;
v.
REPUTATIONAL HARM;
vi.
LIABILITY WITH RESPECT
TO A CONSUMER ALERT POSTED ON THE SERVICE FOR YOUR HOSPITAL.
H. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR
INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF RATE A HOSPITAL, COMPUTER VIRUS
OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR
USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS.
I. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY
NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, RATE A HOSPITAL LIABILITY SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW.
J. ARBITRATION NOTICE AND CLASS ACTION WAIVER:
YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING,
INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS
OR COLLECTIVE ACTION LAWSUIT, OR CLASS OR COLLECTIVE ARBITRATION.
Except as set forth otherwise herein, the Service operates from the
United States of America and makes no representation that the Content is
appropriate or available for use outside the United States of America.
i.
Kentucky law will
govern these Terms, as well as any claim, cause of action or dispute that might
arise between you and Rate A Hospital (a “Claim”), without
regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY,
YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN,
AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN FAYETTE
COUNTY, KENTUCKY.
ii.
You agree that any
subpoena, third-party discovery request, or other third-party process directed
to Rate A Hospital must issue from, or be domesticated by, the state or federal
courts located within Fayette County, Kentucky and you agree to submit to the
personal jurisdiction of each of these courts for any related proceedings.
iii.
Attorneys’ fees and
costs may be awarded against any party that pursues any Claim or Third Party
Process in a manner contrary to this Section, provided that party does not
promptly withdraw the Claim or Third Party Process once this Section is brought
to its attention.
17. TERMINATION OF ACCESS
A. You may terminate the Terms at any time by
closing your Account, discontinuing any access to or use of the Service, and
providing Rate A Hospital with a notice of termination.
B. We may terminate, suspend and/or deactivate
your Account immediately, without notice, if there has been a violation of the
Terms by you or by someone using your Account. We may also terminate, suspend
or deactivate your account for any other reason, including inactivity for an
extended period and without notice or liability of any kind. Any such action
could prevent you from accessing your Account, the Service, Your Content,
Service Content, or any other related information.
C. In the event of any termination of these Terms,
whether by you or us, Sections 1, 5, 9, 13–17 of the Terms will continue in
full force and effect.
18. GENERAL TERMS
A. We reserve the right to modify, update, or
discontinue the Service at our sole discretion, at any time, for any or no
reason, and without notice or liability.
B. Except as otherwise stated in Section 13
above, nothing herein is intended, nor will be deemed, to confer rights or
remedies upon any third party.
C. The Terms contain the entire agreement between
you and us regarding the use of the Service, and supersede any prior agreement
between you and us on such subject matter. The parties acknowledge that no
reliance is placed on any representation made but not expressly contained in
these Terms.
D. Any failure on Rate A Hospital’s part to
exercise or enforce any right or provision of the Terms does not constitute a
waiver of such right or provision. The failure of either party to exercise in
any respect any right provided for herein shall not be deemed a waiver of any
further rights hereunder. The Terms may not be waived, except pursuant to a
writing executed by Rate A Hospital.
E. If any provision of the Terms is found to be
unenforceable or invalid by a court of competent jurisdiction, then only that
provision shall be modified to reflect the parties’ intention or eliminated to
the minimum extent necessary so that the Terms shall otherwise remain in full
force and effect and enforceable.
F. The Terms, and any rights or obligations
hereunder, are not assignable, transferable or sublicensable by you except with
Rate A Hospital’s prior written consent, but may be assigned or transferred by
us without restriction. Any attempted assignment by you shall violate these
Terms and be void.
G. You agree that no joint venture, partnership,
employment, agency, special or fiduciary relationship exists between you and
Rate A Hospital as a result of these Terms or your use of the Service.
H. The section titles in the Terms are for convenience only and have no legal or contractual effect.
