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).
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.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
6. Modification to Terms Without Notice
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.