www.safecaremagazine.com (the “Website") is an Internet service owned and operated by SafeCare Magazine (“SafeCare"). SafeCare is dedicated to providing visitors to the Website with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms of Service to govern your use of the Website, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. Your use of the Website tells us you have read and agreed to these Terms of Service. Please read them carefully. These Terms of Service are a binding contract between you and SafeCare, regarding your use of the Website. If you do not agree with any of these terms, please exit the Website, as you continue use at your own risk.
Proprietary Rights
1.1 All of the information, content, services and software displayed on, transmitted through, or used in connection with the Website, including, for example, advertising, directories, guides, articles, opinions, reviews, text, audio clips, photographs, illustrations, images, graphics, other visuals, video, copy, text, software, data, titles, Shockwave files, video, html, source and object code, and all other matters related to this website, including without limitation, the selection and arrangement of the aforementioned and the "look and feel" of this website (collectively, the "Content"), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property, database, moral) rights and are the intellectual property of SafeCare, and its affiliated companies, licensors and suppliers. SafeCare actively protects its rights to the Content to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of any such matters or any part of the Website, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site.
Trademarks
2.1 The trademarks, logos, service marks and trade names (collectively the "Marks") displayed on the Website or on content available through the Website are our registered and unregistered Marks and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Marks not owned by us that appear on the Website or on or through the Website's services, if any, are the property of their respective owners. No Marks may be used in any manner unless approved in advance, in writing by SafeCare.
2.2 SafeCare retains all copyrights in the individual pages, and their components, and collective works available at the Site. The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without SafeCare’s prior written permission. SafeCare, the SafeCare logo and 100 SafeCare Hospitals, SafeCare Hospital Spotlight, SafeCare Healthcare Leaders, SafeCare Physician Leaders, SafeCare Nursing Leaders are trademarks and the property of SafeCare. All other names and trademarks are the property of their respective holders. SafeCare and its Materials and services are covered by one or more pending US and foreign patent applications.
Limited License
3.1 You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted unless otherwise expressly permitted by SafeCare. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache or store the Content in electronic form on your computer or mobile device unless otherwise expressly permitted by SafeCare. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without securing the prior written consent of SafeCare.
3.2 Requests to use the Content for any purpose other than as permitted in this paragraph should be submitted as directed on the Website.
3.3 Free access to the content made available to you on the Website is possible due to the paid advertising that appears on the Website. Without this advertising, we would not be able to provide you with this content for free. In exchange for your free access to this content, you agree that you will not, and will not permit any third party to, remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Website.
Prohibited Use
4.1 Unless otherwise specifically indicated in these Terms and Conditions or on the Website, any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) impersonating any person or entity or misrepresent your affiliation with any other person or entity; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "mailbombing" or "crashing", or (d) engaging in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website. Violations of system or network security may result in civil or criminal liability. SafeCare will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
4.2 You may not (a) insert your own or a third party's advertising, branding or other promotional content into any of the Website's content, materials or services (for example, without limitation, in an Embedded Video (as defined herein), RSS feed or a podcast received from us or otherwise through the Website), or, except as otherwise specifically authorized in these Terms and Conditions or on the Website use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (b) attempt to gain unauthorized access to other computer systems through the Website; (c) use the Website or the Website's services in violation of any applicable law.
4.3 You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Website without our express written consent. You may not alter or modify in any way, the Website including but not limited to using any software to suppress or alter the display of advertising on the pages of the Website. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Website.
Membership and Registration
5.1 Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of the Website. When you register or become a member of the Website or provide information to the Website in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited. You agree that SafeCare may use the information you provide to us according to the Privacy Policy on the Website.
Login Credentials
6.1 If you become a member of the Website, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. It remains your responsibility to ensure your login credentials (e-mail and password) are kept confidential. SafeCare will not be liable for any unauthorized use of your account, which includes unauthorized use of your email address and password. SafeCare reserves the right to terminate membership and deny access to the Website to any person who violates these Terms of Service.
Security
7.1 This Site is intended by SafeCare to require a valid, working e-mail address and password to access and use the Materials and other features on the Site. Certain other Materials or functionalities on the Site may require additional access codes. You are solely responsible for (1) maintaining the strict confidentiality of the e-mail address, passwords and codes (collectively, "ID(s)") assigned to you, (2) not allowing another person to use your IDs to access the Site, (3) any damages or losses that may be incurred or suffered as a result of You or Your failure to maintain the strict confidentiality of Your ID, and (4) promptly informing SafeCare in writing of any need to deactivate an ID due to potential or actual security concerns. SafeCare is not liable for any harm related to the theft of Your ID, Your disclosure of Your ID, or Your authorization to allow another person or entity to access and use the Site using Your ID. You agree to immediately notify SafeCare in writing of any unauthorized use of Your ID.
Resource links disclaimer
8.1 SafeCare provides these links to other Web sites solely as a convenient service for users of the Website. SafeCare does not exercise control over the content of these sites or any succeeding links, other than those established and maintained on behalf of SafeCare. The listing of these sites reflects neither an endorsement nor recommendation by SafeCare of any information or opinions that may be found within them. The Website is not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by SafeCare. Pursuant to 47 U.S.C.§ 230, SafeCare is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors or omissions in such content. Given the volume of information posted by such providers, the Website cannot and does not monitor all of the information posted to the Website and assumes no duty to monitor the Website for inappropriate or inaccurate content. Neither SafeCare nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such content. Notwithstanding the foregoing, SafeCare reserves the right to remove information provided by other information content providers at any time in its sole discretion. SafeCare urges users to exercise diligence before following any guidance or recommendations obtained online.
Public Forum
9.1 The Website's interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgment when submitting information to the Website. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you in public areas of the Website. The Website reserves the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
9.2 By placing material on, or communicating with, the Website, including for example by posting a comment to a SafeCare story, you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You grant SafeCare, its affiliates and related entities, including the Website, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us in any public area of the Website, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize SafeCare to include the information you provide in a searchable format that may be accessed by users of the Website and other The SafeCare Group’s websites. You also grant SafeCare and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant SafeCare the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
9.3 Please note that SafeCare does not accept unsolicited materials or ideas for use or publication. SafeCare is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to SafeCare.
SafeCare Survey
10.1You may receive survey requests for SafeCare Survey and/or from traditional market research surveys. All participation in SafeCare Survey and any other survey is optional. SAFECARE SURVEY IS NOT CONSIDERED OR TREATED AS TRADITIONAL MARKET RESEARCH.
Posting Rules
11.1 We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Website. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Website, any materials which: (1)contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; (2) is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;(3) violates any right of SafeCare or any third party;(4) discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; (5) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation; (6) unfairly interferes with any third party's uninterrupted use and enjoyment of the Website; (7) advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; (8) discloses sensitive, embarrassing, or confidential information; (9) uploads copyrighted or other proprietary material of any kind on the Website without the express permission of the owner of that material; (10) uses or attempts to use another's account, password, service or system except as expressly permitted by these Terms of Service; (11) includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;(12) uploads or transmits viruses or other harmful, disruptive or destructive files;(13) disrupts, interferes with, or otherwise harms or violates the security of the Website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked sites;(14) "inflames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects;(15) is unrelated to the specific interactive area or the interactive area's topic; (16) disguises the origin of the post;(17) collects or stores other users' personal data.
You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities. A violation of certain of posting rules may be referred to law enforcement authorities. SafeCare reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
Third Parties
12.1 Your dealings or communications through the Website with any party other than the Website are solely between you and that third party. For example, certain areas of the Website may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will SafeCare be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
Orders for Products and Services
13.1 We may make certain products available to visitors and registrants of the Website. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download.
Copyright
14.1 SafeCare respects the intellectual property of others, and require that the people who use the Website, or the services or features made available on or through the Website, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Website, please contact our designated copyright agent, in writing, either by email at support@safecaremagazine.com or by regular mail at SafeCare, 1890 Star Shoot Parkway, Suite 170, Lexington, KY 40509, USA, Attn: Legal Department, Copyright Agent, DMCA Complaints, and provide the designated copyright agent with the following information consistent with the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyright work claimed to have been infringed; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material; (4) Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address; (5) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that attachments cannot be accepted at the e-mail address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Non-copyright inquiries will not be addressed by the copyright agent.
International Users
15.1 The Website is controlled, operated and administered by SafeCare from its offices within the United States. SafeCare makes no representation that materials or the Content available through the Website are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the Content in violation of U.S. export laws and regulations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws.
Modification
16.1 SafeCare shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of the Website shall constitute your acceptance of any changes. SafeCare shall have the right at any time to change or discontinue any aspect of the Website, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
Disclaimer
17.1 ALL MATERIALS AND SERVICES ON THE WEBSITE AND THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. SAFECARE IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE WEBSITE. BECAUSE SAFECARE HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT SAFECARE IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT SAFECARE DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SAFECARE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES.THE CONTENT PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEBSITE. SAFECARE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF SERVICE. THE WEBSITE OFFERS A SEARCH FEATURE WITHIN THE SITE. SAFECARE EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. SAFECARE ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. SAFECARE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WEBSITE AND/OR THE CONTENT CONTAINED THEREIN. SAFECARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USERS COMPUTER AND OTHER EQUIPMENT.
Indemnity/Limitation of Liability
18.1 AS A CONDITION OF USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, SAFECARE AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE WEBSITE; (B) SAFECARE’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS OF SERVICE BY YOU. If you are dissatisfied with any SafeCare material, or with any of SafeCare’s terms and conditions, your sole and exclusive remedy is to discontinue using the Website.
18.2 Under no circumstances, including, but not limited to, negligence, shall SafeCare, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that SafeCare is not liable for any conduct of any user.
General
19.1 These Terms of Service shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Service, the terms of these Terms of Service shall control.
19.2 These Terms of Service have been made in and shall be construed and enforced in accordance with the laws of the State of Kentucky. Any action to enforce this agreement shall be brought and in and you agree to submit to the exclusive jurisdiction of the federal or state courts located in the State of Kentucky. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure of SafeCare to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms of Service for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to SafeCare, and all other provisions for which survival is equitable or appropriate. SafeCare may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree with any of these terms, please exit the Website. Use of this Website is at your own risk.
Any rights not expressly granted herein are reserved.
© 2015 SafeCare
Proprietary Rights
1.1 All of the information, content, services and software displayed on, transmitted through, or used in connection with the Website, including, for example, advertising, directories, guides, articles, opinions, reviews, text, audio clips, photographs, illustrations, images, graphics, other visuals, video, copy, text, software, data, titles, Shockwave files, video, html, source and object code, and all other matters related to this website, including without limitation, the selection and arrangement of the aforementioned and the "look and feel" of this website (collectively, the "Content"), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property, database, moral) rights and are the intellectual property of SafeCare, and its affiliated companies, licensors and suppliers. SafeCare actively protects its rights to the Content to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of any such matters or any part of the Website, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site.
Trademarks
2.1 The trademarks, logos, service marks and trade names (collectively the "Marks") displayed on the Website or on content available through the Website are our registered and unregistered Marks and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Marks not owned by us that appear on the Website or on or through the Website's services, if any, are the property of their respective owners. No Marks may be used in any manner unless approved in advance, in writing by SafeCare.
2.2 SafeCare retains all copyrights in the individual pages, and their components, and collective works available at the Site. The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without SafeCare’s prior written permission. SafeCare, the SafeCare logo and 100 SafeCare Hospitals, SafeCare Hospital Spotlight, SafeCare Healthcare Leaders, SafeCare Physician Leaders, SafeCare Nursing Leaders are trademarks and the property of SafeCare. All other names and trademarks are the property of their respective holders. SafeCare and its Materials and services are covered by one or more pending US and foreign patent applications.
Limited License
3.1 You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted unless otherwise expressly permitted by SafeCare. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache or store the Content in electronic form on your computer or mobile device unless otherwise expressly permitted by SafeCare. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without securing the prior written consent of SafeCare.
3.2 Requests to use the Content for any purpose other than as permitted in this paragraph should be submitted as directed on the Website.
3.3 Free access to the content made available to you on the Website is possible due to the paid advertising that appears on the Website. Without this advertising, we would not be able to provide you with this content for free. In exchange for your free access to this content, you agree that you will not, and will not permit any third party to, remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Website.
Prohibited Use
4.1 Unless otherwise specifically indicated in these Terms and Conditions or on the Website, any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) impersonating any person or entity or misrepresent your affiliation with any other person or entity; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "mailbombing" or "crashing", or (d) engaging in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website. Violations of system or network security may result in civil or criminal liability. SafeCare will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
4.2 You may not (a) insert your own or a third party's advertising, branding or other promotional content into any of the Website's content, materials or services (for example, without limitation, in an Embedded Video (as defined herein), RSS feed or a podcast received from us or otherwise through the Website), or, except as otherwise specifically authorized in these Terms and Conditions or on the Website use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (b) attempt to gain unauthorized access to other computer systems through the Website; (c) use the Website or the Website's services in violation of any applicable law.
4.3 You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Website without our express written consent. You may not alter or modify in any way, the Website including but not limited to using any software to suppress or alter the display of advertising on the pages of the Website. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Website.
Membership and Registration
5.1 Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of the Website. When you register or become a member of the Website or provide information to the Website in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited. You agree that SafeCare may use the information you provide to us according to the Privacy Policy on the Website.
Login Credentials
6.1 If you become a member of the Website, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. It remains your responsibility to ensure your login credentials (e-mail and password) are kept confidential. SafeCare will not be liable for any unauthorized use of your account, which includes unauthorized use of your email address and password. SafeCare reserves the right to terminate membership and deny access to the Website to any person who violates these Terms of Service.
Security
7.1 This Site is intended by SafeCare to require a valid, working e-mail address and password to access and use the Materials and other features on the Site. Certain other Materials or functionalities on the Site may require additional access codes. You are solely responsible for (1) maintaining the strict confidentiality of the e-mail address, passwords and codes (collectively, "ID(s)") assigned to you, (2) not allowing another person to use your IDs to access the Site, (3) any damages or losses that may be incurred or suffered as a result of You or Your failure to maintain the strict confidentiality of Your ID, and (4) promptly informing SafeCare in writing of any need to deactivate an ID due to potential or actual security concerns. SafeCare is not liable for any harm related to the theft of Your ID, Your disclosure of Your ID, or Your authorization to allow another person or entity to access and use the Site using Your ID. You agree to immediately notify SafeCare in writing of any unauthorized use of Your ID.
Resource links disclaimer
8.1 SafeCare provides these links to other Web sites solely as a convenient service for users of the Website. SafeCare does not exercise control over the content of these sites or any succeeding links, other than those established and maintained on behalf of SafeCare. The listing of these sites reflects neither an endorsement nor recommendation by SafeCare of any information or opinions that may be found within them. The Website is not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by SafeCare. Pursuant to 47 U.S.C.§ 230, SafeCare is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors or omissions in such content. Given the volume of information posted by such providers, the Website cannot and does not monitor all of the information posted to the Website and assumes no duty to monitor the Website for inappropriate or inaccurate content. Neither SafeCare nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such content. Notwithstanding the foregoing, SafeCare reserves the right to remove information provided by other information content providers at any time in its sole discretion. SafeCare urges users to exercise diligence before following any guidance or recommendations obtained online.
Public Forum
9.1 The Website's interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgment when submitting information to the Website. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you in public areas of the Website. The Website reserves the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
9.2 By placing material on, or communicating with, the Website, including for example by posting a comment to a SafeCare story, you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You grant SafeCare, its affiliates and related entities, including the Website, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us in any public area of the Website, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize SafeCare to include the information you provide in a searchable format that may be accessed by users of the Website and other The SafeCare Group’s websites. You also grant SafeCare and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant SafeCare the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
9.3 Please note that SafeCare does not accept unsolicited materials or ideas for use or publication. SafeCare is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to SafeCare.
SafeCare Survey
10.1You may receive survey requests for SafeCare Survey and/or from traditional market research surveys. All participation in SafeCare Survey and any other survey is optional. SAFECARE SURVEY IS NOT CONSIDERED OR TREATED AS TRADITIONAL MARKET RESEARCH.
Posting Rules
11.1 We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Website. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Website, any materials which: (1)contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; (2) is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;(3) violates any right of SafeCare or any third party;(4) discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; (5) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation; (6) unfairly interferes with any third party's uninterrupted use and enjoyment of the Website; (7) advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; (8) discloses sensitive, embarrassing, or confidential information; (9) uploads copyrighted or other proprietary material of any kind on the Website without the express permission of the owner of that material; (10) uses or attempts to use another's account, password, service or system except as expressly permitted by these Terms of Service; (11) includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;(12) uploads or transmits viruses or other harmful, disruptive or destructive files;(13) disrupts, interferes with, or otherwise harms or violates the security of the Website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked sites;(14) "inflames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects;(15) is unrelated to the specific interactive area or the interactive area's topic; (16) disguises the origin of the post;(17) collects or stores other users' personal data.
You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities. A violation of certain of posting rules may be referred to law enforcement authorities. SafeCare reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
Third Parties
12.1 Your dealings or communications through the Website with any party other than the Website are solely between you and that third party. For example, certain areas of the Website may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will SafeCare be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
Orders for Products and Services
13.1 We may make certain products available to visitors and registrants of the Website. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download.
Copyright
14.1 SafeCare respects the intellectual property of others, and require that the people who use the Website, or the services or features made available on or through the Website, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Website, please contact our designated copyright agent, in writing, either by email at support@safecaremagazine.com or by regular mail at SafeCare, 1890 Star Shoot Parkway, Suite 170, Lexington, KY 40509, USA, Attn: Legal Department, Copyright Agent, DMCA Complaints, and provide the designated copyright agent with the following information consistent with the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyright work claimed to have been infringed; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material; (4) Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address; (5) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that attachments cannot be accepted at the e-mail address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Non-copyright inquiries will not be addressed by the copyright agent.
International Users
15.1 The Website is controlled, operated and administered by SafeCare from its offices within the United States. SafeCare makes no representation that materials or the Content available through the Website are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the Content in violation of U.S. export laws and regulations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws.
Modification
16.1 SafeCare shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of the Website shall constitute your acceptance of any changes. SafeCare shall have the right at any time to change or discontinue any aspect of the Website, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
Disclaimer
17.1 ALL MATERIALS AND SERVICES ON THE WEBSITE AND THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. SAFECARE IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE WEBSITE. BECAUSE SAFECARE HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT SAFECARE IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT SAFECARE DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SAFECARE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES.THE CONTENT PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEBSITE. SAFECARE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF SERVICE. THE WEBSITE OFFERS A SEARCH FEATURE WITHIN THE SITE. SAFECARE EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. SAFECARE ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. SAFECARE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WEBSITE AND/OR THE CONTENT CONTAINED THEREIN. SAFECARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USERS COMPUTER AND OTHER EQUIPMENT.
Indemnity/Limitation of Liability
18.1 AS A CONDITION OF USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, SAFECARE AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE WEBSITE; (B) SAFECARE’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS OF SERVICE BY YOU. If you are dissatisfied with any SafeCare material, or with any of SafeCare’s terms and conditions, your sole and exclusive remedy is to discontinue using the Website.
18.2 Under no circumstances, including, but not limited to, negligence, shall SafeCare, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that SafeCare is not liable for any conduct of any user.
General
19.1 These Terms of Service shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Service, the terms of these Terms of Service shall control.
19.2 These Terms of Service have been made in and shall be construed and enforced in accordance with the laws of the State of Kentucky. Any action to enforce this agreement shall be brought and in and you agree to submit to the exclusive jurisdiction of the federal or state courts located in the State of Kentucky. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure of SafeCare to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms of Service for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to SafeCare, and all other provisions for which survival is equitable or appropriate. SafeCare may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree with any of these terms, please exit the Website. Use of this Website is at your own risk.
Any rights not expressly granted herein are reserved.
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