Date of last revision: August 16, 2010
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LINKS TO THIRD PARTY WEB SITES
NO UNLAWFUL OR PROHIBITED USE
USE OF COMMUNICATION FORUMS
The “Client Connections” page of the API Healthcare Website contains discussion and message boards, networking areas, client forums, knowledge base search boards, support forums, surveys, blogs, and/or other message and communication services designed to enable you to communicate and share content and information with a particular group (collectively, referred to as “Communication Forums”). The Communication Forums have either a “Public” or “Private” designation. Any material, content, data, information, or postings that you choose to submit in “Public” designated Communication Forums or in your user profile are public to, and accessible by, all users of the Client Connections page of the API Healthcare Website and API Healthcare (i.e., you are voluntarily and publicly disclosing this information). API Healthcare is not responsible or liable for any submissions, postings, or disclosures made by you (or for the confidentiality thereof) in any “Public” designated Communication Forums. Any material, content, data, information, or postings that you choose to submit in “Private” designated Communication Forums are only accessible by those users of your facility/company, other users who you grant such access to, and API Healthcare. You understand and agree that you are solely responsible for the content you submit, communicate and share through the Communication Forums of the API Healthcare Website and for any consequences thereof, and unless stated otherwise, any such content shared or disclosed by you shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit any such material, content, data, and information and agree that you will not submit or disclose such unless you are legally entitled to do so.
Prohibited use of Communication Forums include, but is not limited to: (a) publishing, posting, disseminating, or distributing any inappropriate, profane, vulgar, defamatory, infringing, obscene, pornographic, lewd, sexually explicit, indecent, violent, or unlawful topics, material or information; (b) defaming, harassing, threatening, bullying or otherwise violating the legal rights of others; (c) advertising, marketing, licensing, or selling goods or services; (d) collecting information about other users, including e-mail addresses, without their prior written consent; or (e) violating any applicable laws or regulations.
Your use of Communication Forums and the API Healthcare Website may be edited, censored, restricted, or controlled by API Healthcare, however API Healthcare is under no obligation to monitor such. API Healthcare reserves the right to delete and remove any message and content from any Communication Forums at any time, without notice, and for any reason whatsoever. API Healthcare reserves the right to terminate your access to any and all Communication Forums at any time, without notice, and for any reason whatsoever. API Healthcare reserves complete and sole discretion with respect to the operation of the API Healthcare Website.
The API Healthcare Website allows client users to submit design considerations, functionality considerations, enhancement requests, ideas, concepts, comments, input, feedback, and the like (collectively, referred to as “Submitted Considerations”) for API Healthcare products and services (e.g., changes in data entry, enhancements, calculations, value modification, text modification, changes in functionality, error messages, search methodology, reports) through the “Client Connections Enhancement Request” page.
By accessing and using the API Healthcare Website, you agree that: (a) your Submitted Considerations are non-confidential and non-proprietary; (b) your Submitted Considerations will automatically become the property of API Healthcare and you assign all rights in all such Submitted Considerations to API Healthcare without any expectation of compensation; (c) API Healthcare has no obligation of any kind with respect to such Submitted Considerations; and (d) API Healthcare can use, copy, develop, distribute, and disclose the Submitted Considerations for any purpose and in any way, without any payment to you, including developing, manufacturing, marketing, and selling products incorporating such Submitted Considerations.
UNSOLICITED IDEA SUBMISSION POLICY
Except as set forth in the Submitted Considerations section above, API Healthcare and its employees, agents, and representatives, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works to API Healthcare. The sole purpose of this policy is to avoid potential misunderstandings or disputes when API Healthcare’s products or marketing strategies seem similar to unsolicited ideas submitted to API Healthcare. Please do not send your unsolicited ideas to API Healthcare or anyone at API Healthcare. If, despite our request to not send us your ideas and work, you still send them, please understand that API Healthcare makes no assurances that your ideas and/or work will be treated as confidential or proprietary, and the above terms will apply to your submission regardless of what your transmission states.
ACCOUNT AND PASSWORD
You are solely responsible for maintaining the confidentiality of any account or password issued to you relating to the API Healthcare Website. Furthermore, you are solely responsible for any and all activities that occur under your account and user profile. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify API Healthcare immediately of any unauthorized use of your account or user profile. API Healthcare will not be liable for any loss or damage that you may incur as a result of someone else using your account, user profile, or password, either with or without your knowledge. However, you may be liable for losses incurred by API Healthcare or another party due to someone else using your account, user profile, or password.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR USE OF THE API HEALTHCARE WEBSITE IS AT YOUR OWN RISK. THE API HEALTHCARE WEBSITE, INCLUDING ANY AND ALL INFORMATION, MATERIAL, DATA, GRAPHICS, SERVICES AND CONTENT THEREIN, IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. API HEALTHCARE DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. API HEALTHCARE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY, OR COMPLETENESS OF THE API HEALTHCARE WEBSITE.
API HEALTHCARE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT: (A) THE API HEALTHCARE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS OR ERROR FREE; (B) THE CONTENT, MATERIAL, DATA, INFORMATION, RESULTS, ANSWERS OR RESPONSES THAT MAY BE OBTAINED FROM THE USE OF THE API HEALTHCARE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) ANY ERRORS IN THE API HEALTHCARE WEBSITE WILL BE CORRECTED OR FIXED; OR (D) THE QUALITY OF ANY INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE API HEALTHCARE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ASSUME ALL RISK FROM ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING FROM USING THE API HEALTHCARE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, API HEALTHCARE (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, WEBSITE OWNER AND PUBLISHER) WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR DAMAGES RESULTING IN LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONIC SUBMISSIONS, OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF OR IN CONNECTION WITH THE API HEALTHCARE WEBSITE, EVEN IF API HEALTHCARE HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, OR IN TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (A) THE USE OF OR INABILITY TO USE THE API HEALTHCARE WEBSITE; (B) STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR USER ON THE API HEALTHCARE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (C) MATERIAL, CONTENT OR INFORMATION YOU MAY OBTAIN, USE, MODIFY, OR DISTRIBUTE.
RESTRICTION AND TERMINATION OF ACCESS
API Healthcare reserves the right, in its sole discretion, to change, suspend or discontinue any aspect of the API Healthcare Website at any time without notice or liability, including the availability of any API Healthcare Website feature, database, or content. API Healthcare also reserves the right, in its sole discretion, to restrict and/or terminate your access to parts or all of the API Healthcare Website without notice or liability.