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Use of HCPro.com and its respective Web Sites constitutes agreement with the following:
1. Copyright statement: All non-government content on this site is copyright protected by HCPro,a division of BLR. No information may be copied, reproduced or distributed without prior written permission from HCPro.
2. Variations of content: HCPro.com offers its visitors two variations of content--"free" and "premium."
"Free" content is that which is accessible to all visitors of hcpro.com at no charge. However, certain "free" content may require a visitor to create an hcpro.com account with a username and password to access this information. "Free" content is that which is usually culled from our free e-mail newsletters, ask the expert and tip of the week columns.
"Premium" content (electronic versions of newsletters; e-mail newsletters; and all other paid content) requires either a paid subscription or a pay-per-view transaction to access. Subscribers to the publication source may access this content by logging in with their username and password. For example, an active subscriber to our newsletter Briefings on JCAHO, will be able to read all stories related to Briefings on JCAHO once he/she signs onto the site.
Visitors who are not active paid subscribers, but wish to view "premium" content, may do so by purchasing one-time access to read the story. Visitors will be prompted to purchase a "pay-per-view" once they try to access a "premium" piece of content. Most stories on hcpro.com cost $10 per view and $30 per newsletter issue. Pay-per-views and pay-per-issue transactions must be made via a credit card.
HCPro, Inc. agrees to grant an active paid subscriber of premium content, a nonexclusive, nontransferable, limited license to access their paid publications.
HCPro's premium content is for Internal Use Only. HCPro's premium content may be used only for Subscriber's internal business use. Subscriber may not process information or data for the benefit of other parties. Subscriber agrees to keep HCPro's premium content confidential and to take all reasonable precautions to ensure that no unauthorized persons have access to HCPro's premium content.
3. Limitations on License. The license granted by this Agreement authorizes access to HCPro.com to the subscriber listed in the Enrollment Information. HCPro’s premium content may not be used by any person or entity that is not a subscriber or who has not paid for access. The Subscriber to HCPro’s premium content will have a unique access code allowing the subscriber to access such content. Visitor/Subscriber shall ensure that he/she will keep his/her access code confidential and shall notify HCPro of any violation of these rules or threat to system security.
4. Intellectual and Written Property Rights. All rights, including but not limited to user guides, educational material on HCPro.com, search routines, title, and interest in HCPro.com, including all copyrights and other intellectual property rights in HCPro.com belong to HCPro. Visitor/Subscriber acquires no proprietary interest in HCPro.com; the information contained therein, or copies thereof. Visitor/Subscriber is prohibited from using HCPro.com in any fashion that infringes the copyrights or proprietary interest of HCPro. Subscriber may not remove or obscure any copyright notice or other notice contained on materials retrieved from HCPro.com.
5. Prohibited Uses. Visitor/Subscriber is prohibited from using information derived from HCPro.com for commercial purposes.
6. Amendments. From time to time HCPro may amend the terms and conditions of the Agreement. Subscriber's continued use of the Services following notice to Subscriber of a change in terms and conditions will constitute Visitor's/Subscriber's acceptance of the change.
7. Warning on Use. The information in HCPro.com is subject to human error. HCPro is not responsible for errors derived from government reports or government offices or from other reporting services. In some cases, government documents may be incorrect and the Visitor/Subscriber should recognize this fact in deciding how to use the information or advice obtained from HCPro's Online Library. Visitor/Subscriber should verify information obtained from HCPro.com before acting on it.
8. Limitations on Liability and Waiver of Liability. By executing this agreement, Visitor/Subscriber waives any and all claims relating to age of the material or information obtained through HCPro.com. HCPro disclaims any and all warranties, expressed or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose. The maximum liability of HCPro to any Visitor/Subscriber for any and all loss, claim, damage, or liability of any kind shall consist of a duty to refund amounts paid for HCPro.com by Visitor/Subscriber during the year preceding such loss, claim, damage, or liability. In no event shall HCPro be liable for any incidental or consequential damages. HCPro, and its officers, directors, employees, subcontractors, agents, successors, assigns, third-party suppliers of materials shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from HCPro.com or any materials available or not included therein, (b) the unavailability or interruption of HCPro.com or any features thereof or any materials available therein, (c)Visitor's/Subscriber's use of the services (regardless of whether Visitor/Subscriber received any assistance from HCPro employees), (d) the content of materials included in the Services, or (e) any delay or failure in performance.
9. Reverse Engineering. Visitor/Subscriber may not decompile, disassemble, or reverse engineer HCPro.com.
10. Termination. It is agreed that either party may terminate this Agreement immediately upon written notice (via email) to the other party. HCPro may terminate this Agreement in the event Visitor/Subscriber fails to make payments required under this Agreement; commits a material breach of any of its obligations concerning scope of use or the protection of HCPro.com or the intellectual property of HCPro; or materially breaches any of its other obligations under any provision of the Agreement, which breach is not remedied within thirty (30) days after notice thereof by HCPro to Visitor/Subscriber. Upon termination of this Agreement, Visitor's/Subscriber's license to use HCPro.com shall terminate and Visitor/Subscriber shall pay HCPro all fees due through the effective date of such termination. Unless otherwise specified herein or otherwise agreed in writing, all fees collected or accrued prior to the date of such termination shall be retained by HCPro without any pro-rate refund to Visitor/Subscriber. The termination of this Agreement shall not extinguish any rights or obligations of the parties relating to the protection of HCPro's intellectual property.
11. Assignment. Visitor/Subscriber may not sell, pledge, assign, sub-license, or otherwise transfer or share its rights to delegate its obligations under this Agreement without the prior consent of HCPro, which HCPro may withhold in its sole discretion. Any attempted sale, pledge, assignment, sub-license or other transfer in violation hereof shall be void and of no force or effect. HCPro may assign its rights and delegate its duties hereunder at any time without the consent of Subscriber.
12. Modification. This Agreement may be modified or from time to time by HCPro and such revisions will be posted on the site. Visitor's/Subscriber's continued use of the site will constitute acceptance of the revisions to this Agreement.
13. Notices. Except as otherwise provided herein, all notices and other communications under this Agreement shall be in writing (via email). Publication of information in HCPro.com shall constitute written notification. Notices to HCPro shall be sent to HCPro, 200 Hoods Lane, Marblehead, MA 01945.
14. No Waiver. The failure of either party to exercise any right or the waiver by either party of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of the Agreement.
15. Entire Agreement. This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter hereof and supersedes any prior oral or written promises or agreements. There are no promises, covenants or undertakings other than those expressly set forth in this Agreement.
16. Applicable Law and Exclusive Jurisdiction and Venue. This agreement shall be construed pursuant to substantive law of the Commonwealth of Massachusetts. Any cause or action arising out of or related to this Agreement may only be brought in the courts of applicable jurisdiction in Massachusetts, and the parties hereby submit to the jurisdiction and venue of such courts.
17. Severability. In the even any term or condition of this Agreement is declared illegal or otherwise unenforceable, it will be severed from this Agreement and the remainder of this Agreement shall be valid and enforceable.
18. Notice and Disclaimers. The Subscriber and all authorized users are to review and understand the "Disclaimer" and copyright pages on this site. On occasion additional notices, disclaimers, warnings, or amendments thereof may be displayed on HCPro.com.
19. Disclaimer: The information contained in this Web site is provided as a service to our subscribers and prospective subscribers and does not constitute legal advice. We try to provide accurate information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the government documents or annotations contained in or linked from this web site. As advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.