Terms of Use

Health Systems

Health Systems

Staffing Agencies

Staffing Agencies

Terms of Use

Date of last revision: August 16, 2010

These Terms of Use set forth the terms and conditions that govern your access to and use of this website (the “API Healthcare Website”). API Healthcare Corporation (“API Healthcare”) provides the API Healthcare Website to you, your employees, agents, and any other entity on whose behalf you accept these Terms of Use (collectively, “You” or “you”). These Terms of Use are entered into by and between you and API Healthcare, and you hereby accept these Terms of Use by accessing and using the API Healthcare Website. These Terms of Use apply to all Internet web pages of the API Healthcare Website.

YOU MUST READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT USE THE API HEALTHCARE WEBSITE.

PRODUCTS AND SERVICES AVAILABILITY
The API Healthcare Website can be accessed from countries around the world and may contain references to API Healthcare services, programs and products that have not been announced or are not available in such country. These references do not imply that API Healthcare intends to announce or make available such services, programs, or products in such country.

EXPORT
The export and re-export of certain Website content may be controlled by the United States Export Administration Regulations and such content may not be exported or re-exported to any country to which the United States embargoes goods. In addition, such content may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading or using any such content you are certifying that you are not a national of any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. The information on export control laws provided herein is not necessarily complete. For more information on export control laws, please refer to 15 C.F.R. §§736, 738, 744, 746, or telephone the United States Commerce Department, Bureau of Export Administration at (408) 998-7402, (202) 482-2440, or (202) 482-4811.

U.S. GOVERNMENT RESTRICTED RIGHTS
Any software which is downloaded from this web site for or on behalf of the United States of America, its agencies and/or instrumentalities, is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is API Healthcare Corporation and its affiliates, 1550 Innovation Way, Hartford, WI 53027 USA.

PROPERTY RIGHTS
Unless stated otherwise, all materials (e.g., text, files, documentation, video, audio, images, graphics) contained on the API Healthcare Website are the property of API Healthcare, its affiliates or its business partners, and are protected by copyright law. You may download and print material from the API Healthcare Website for your personal/noncommercial use so long as you do not remove or modify any copyright, trademark, or other proprietary notices that appear on the material. The trademarks, logos, designs, and service marks (collectively, the "Trademarks") displayed on the API Healthcare Website, are registered and unregistered Trademarks of API Healthcare and other third parties. Nothing contained on the API Healthcare Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use, copy, publish, transmit, or modify any Trademark displayed on the API Healthcare Website without the prior written authorization of API Healthcare, or the third party owner of such Trademark. You are advised that API Healthcare will aggressively enforce its intellectual property rights to the fullest extent of the law.

LINKS TO THIRD PARTY WEB SITES
The API Healthcare Website may contain hyperlinks to third party Internet websites or resources. API Healthcare does not control the third party websites or resources and you acknowledge and agree that API Healthcare is not responsible or liable for the availability of such third party websites or resources, for any content, advertisement, products, or other materials on or available from such websites or resources. API Healthcare will not be responsible or liable for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, advertisement, goods, or services available on or through any such third party website or resource. API Healthcare is providing these hyperlinks to you only as a convenience, and the inclusion of any hyperlink does not imply endorsement by API Healthcare of any third party website or resource or any association with its operators. API Healthcare strongly encourages you to review the terms of use and privacy practices of such websites and resources.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the API Healthcare Website, you warrant to API Healthcare that you will not use the API Healthcare Website for any purpose that is unlawful or prohibited by these Terms of Use. You warrant that you will not use the API Healthcare Website to: (a) transmit spam, bulk or unsolicited e-mail or other communications; (b) misrepresent your affiliation with any person or entity; (c) disable, overburden, damage or impair the API Healthcare Website; (d) collect data or information about other users of the API Healthcare Website unless specifically authorized in writing by such users; (e) interfere with any other party’s use and enjoyment of the API Healthcare Website; (f) upload viruses or other malicious code; (g) solicit login information or access an account belonging to another user; (h) do anything unlawful, misleading, malicious, defamatory or discriminatory; or (i) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the API Healthcare Website.

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.

SUBMITTED CONSIDERATIONS
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.

PRIVACY
Use of the API Healthcare Website is also governed by API Healthcare’s Privacy Policy, which is incorporated into these Terms of Use by this reference.

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.

INDEMNIFICATION
You agree to indemnify and hold API Healthcare (and its officers, directors, employees, agents, and representatives) harmless from and against any loss, liability, claim, action or demand, including, without limitation, expenses, damages, costs, and attorneys’ fees, due to or arising out of any material, content, data, information and communication you place, disclose or submit on the API Healthcare Website, your use of or connection to the API Healthcare Website, your violation of these Terms of Use, and your violation of any rights of other users.

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.

CHANGES TO THESE TERMS OF USE
API Healthcare reserves the right, in its sole discretion, to change, modify, add or remove these Terms of Use, in whole or in part, at any time, with or without notice, by posting new Terms of Use at this location (and each such modification shall be effective upon posting on the API Healthcare Website). Your continued use of the API Healthcare Website following any such modification constitutes your acceptance. You are responsible for regularly reviewing these Terms of Use.

CONTACT INFORMATION
You can send e-mail to API Healthcare with any questions relating to these Terms of Use at webmaster@apihealthcare.com.

GENERAL
Governing Law and Venue. Wisconsin law solely and exclusively governs any action related to these Terms of Use, API Healthcare’s Privacy Policy, and your use of the API Healthcare Website, without regard to conflict of law provisions. Your use of the API Healthcare Website hereby acknowledges your consent to the personal and exclusive jurisdiction and venue of the courts located in the State of Wisconsin, United States of America, in all disputes arising out of or relating to the use of the API Healthcare Website.

Captions. The captions of the paragraphs in these Terms of Use and in API Healthcare’s Privacy Policy are included only for your convenience and shall not affect the meaning, construction, or effect hereof.

Survival. Rights and obligations under these Terms of Use and API Healthcare’s Privacy Policy which by their nature should survive will remain in full force and effect after termination or expiration.

Waiver. Any waiver or failure of API Healthcare to exercise promptly any right under these Terms of Use will not create a continuing waiver or any expectation of non-enforcement.

Severability. If any provision, clause or part, or the application of a provision, clause or part of these Terms of Use or API Healthcare’s Privacy Policy is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision, clause or part, may be reduced in scope by the court to the extent it deems necessary to render it reasonable and enforceable. The remainder of these Terms of Use and the API Healthcare Privacy Policy shall not be affected.

Entire Agreement. These Terms of Use and API Healthcare’s Privacy Policy constitute the entire agreement between you and API Healthcare relating to the API Healthcare Website, and no changes or modifications shall be effective unless in writing and signed by API Healthcare.