Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. If you do not agree to these terms of use, do not use this Web Site.
By using this web site, you acknowledge that you have read and understand the following agreement, and you agree to be bound by those terms. Any subsequent access to this web site shall constitute a reaffirmation and agreement to the following terms and to any modifications or amendments thereto by Ratchet Software LLC.
1. Use of Web Site
Except as otherwise expressly set forth herein, we grant You a non-exclusive, non-transferable license to use the Web Site and the information contained in, or generated by, it for Your internal business purposes only. Such information shall not be collected, reconstituted, compiled, or otherwise used by You, whether in whole or in part, for the purpose of reselling or making such data and information publicly accessible, or for any other business purpose not intended for the internal use of Your business. This prohibition on use does not include Your accessing, using, and sharing such information in the capacity of a researcher or consultant when such use is intended for the internal business use of a specific customer or client. You agree to restrict your login and password so that only the person specified during registration uses it to gain access to the Web Site.
2. Copyright and Limitations on Use
The images and content accessed through the Web Site are protected by United States and international laws, including, without limitation, copyright laws, intellectual property laws, and treaties. Except for the specific rights licensed to you hereunder. We reserve all of our rights to the Web Site, its design, and content. By using the Web Site, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, print or circulate any of the contents of this Web Site to anyone unless expressly authorized herein this Agreement, or otherwise expressly approved by us in a writing signed by us. You also agree not to access or download databases or information associated with the Web Site by unauthorized electronic means (i.e. hacking or automated scripts).
3. Indemnification
You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, members, managers, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of this Agreement or by any person making use of your chosen user name (whether authorized or unauthorized). You shall use your best efforts to cooperate with Us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
4. Disclaimer of Representations and Warranties
You agree and acknowledge that the data and information contained in this Web Site is intended to serve only as a guide and basis for general comparisons and evaluations of nursing facilities.
THE WEB SITE AND ITS DATA AND CONTENT ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE INFORMATION CONTAINED IN THIS WEB SITE WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR THE OPERATION OF THE WEB SITE OR ANY DATA, CONTENT, OR IMAGES ACCESSIBLE THROUGH THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE OTHER SITES OF OURS (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY DATA OR INFORMATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE INFORMATION ON THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE THE INFORMATION ON THIS SITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR BY ANY AUTHORIZED REPRESENTATIVE OF OURS SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
5. Limitation of Liability.
TO THE EXTENT PERMITED BY LAW, WE SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR NEGLIGENCE, OMISSION, LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT, EQUITY, OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE DATA, INFORMATION, IMAGES, OR FUNCTIONS AVAILABLE THROUGH THE WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE OR ITS CONTENTS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], EQUITY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US FOR USE OF, AND ACCESS TO, THE WEBSITE FOR YOUR MOST RECENT SUBSCRIPTION PERIOD, IF ANY, OR $50, WHICHEVER IS LESS.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
6. Modification to Terms Without Notice
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the terms of this Agreement at any time and without advanced notice TO YOU. Please check the terms of the Agreement on this Web Site periodically for changes. Your continued use of this website following the posting of changes to these terms OF USE will mean you accept those changes.
7. Termination
Your rights to access this Web Site will be terminated in the event of default under the Agreement. Subscription periods run as expressly indicated at the time of Your Subscription. We have no obligations whatsoever to maintain the Web Site or provide support to You or any other party that is not a paid subscriber. The rights of non-paid subscribers to use this Web Site may be terminated by Us at any time and without notice.
8. Miscellaneous
These Terms of Use shall be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Richland County, South Carolina, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between You and Us relating to the subject matter herein and shall be modified only by Us as expressly provided for herein.
