Updated as of June 13, 2016
By indicating your acceptance of this Acceptable Usage Policy, either by clicking on the “I Agree” button below or by accessing the Service, you agree that you have read and accept the terms and conditions contained herein.
Our employees and employees of our affiliates (“employees”) may use our Services if they access or use the Services using a personal device not provided by us or our affiliates and if such access is for personal use and not for work purposes. Employees may not use the Services from a device provided by us or our affiliates or for employment purposes, unless approved in advance by our management for a specific business requirement. If management approves the employee’s use of the Services, the employee has the responsibility to use the Service only for the approved business purposes, and in a professional, ethical, and lawful manner in accordance with our Code of Conduct. Violations of our Internet policies, standards, or guidelines could result in disciplinary action, including, without limitation, employee termination.
As a condition of your use of the Service, you agree to all of the following:
We use reasonable efforts to provide technical support for the Service Monday through Friday from 8 a.m. to 5 p.m. (CST), excluding holidays. You understand that you are not guaranteed the right to receive technical support.
WE PROVIDE THE SERVICES ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES RELATED TO THE SERVICE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, ACCESSIBILITY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION RECEIVED THROUGH USE OF THE SERVICE OR WITH RESPECT TO THE AVAILABILITY OF THE SERVICE OR SPECIFIC RATES OF SPEED. WE DO NOT WARRANT THAT THE SERVICE WILL BE OPERATIONAL, SECURE, ERROR-FREE, VIRUS FREE OR TAMPER-PROOF. YOU USE THE SERVICE AND ALL INFORMATION AND MATERIALS OBTAINED THROUGH THE SERVICE AT YOUR OWN RISK.
You shall indemnify, defend and hold us and our affiliates and our respective officers, directors, employees, shareholders, members or agents harmless from all damages, liabilities and expenses (including but not limited to all costs, including attorneys’ fees, court costs, expenses and settlements resulting from any action or claim) arising out of, connected with or resulting from any violation of this Agreement by you and/or your use of the Service.
YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL WE OR OUR AFFILIATES OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS OR AGENTS BE LIABLE FOR ANY DAMAGES OR PENALTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STATUTE, REGULATION, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR PENALTIES. IN THE EVENT THAT ANY PORTION OF THE FOREGOING PROVISION IS FOUND FOR ANY REASON TO BE UNENFORCEABLE, THEN YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF US, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS AND AGENTS, REGARDLESS OF THE FORM OF CLAIM OR ACTION, EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00).
You understand that neither we nor our affiliates will be held liable for any damage, undesired resource usage, or detrimental effects that may occur to your device and software while you use the Service. You hereby release us and our affiliates from liability for any loss, damage, security infringement, or injury which you may sustain as a result using the Service. You agree to be solely responsible for any such loss, infringement, damage, or injury. If the Service is or becomes unacceptable to you, your sole remedy shall be to stop using the Service.
The Services may change from time to time. You understand that we reserve the right to change the Services or any feature of the Services offered without notice. We also may revise, amend, or modify these terms and conditions and any other policies and agreements at any time and in any manner. Your continued use of the Services shall be your acceptance of such revised, amended or modified terms and conditions, which will be effective immediately upon posting such revised, amended, or modified terms and conditions to the Website. You are responsible for reviewing these terms and conditions from time to time to ensure that you are aware of any changes.
You understand and agree that we may terminate the Service or your access to the Service at any time, with or without reason or notification.
You agree that all disputes arising from your use of the Services shall be construed, governed and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). You agree to negotiate any disputes in good faith. If no resolution is achieved within thirty (6) days after such negotiation, then either you, us, or our affiliates may submit the dispute to non-binding mediation. You will bear your own costs and expenses of participating in the mediation (including without limitation, attorneys’ fees), which shall take place in Davidson County, Tennessee and you shall bear one-half (1/2) of the costs and expenses of the mediator. The matters discussed or revealed in the mediation session shall not be revealed in any subsequent litigation. In the event the matter is not resolved in the mediation, suit may be brought. Nothing in this section shall be deemed to limit a party’s access to the court system to pursue a remedy that is limited to injunctive relief.
If any term herein is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect.
No waiver of any breach of a provision of these terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing.
You agree that all agreements and transactions between you and Facility and HCA can be conducted electronically. You may print a paper copy of this Agreement to retain for your records.
If you are a copyright owner or such owner’s agent and believe that Facility’s Service have been used to infringe your copyrights, you may submit a notification to email@example.com containing: an identification of the copyright claimed to have been infringed and the material that is claimed to be infringing; information reasonably sufficient to permit Facility and HCA to locate the material; your contact information; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized and that you are authorized to act on behalf of the owner.