| Overview
DoctorHospitalData.com (the 'Site') is a website that offers certain data services (the 'Services') offered by Doctor Hospital Data, LLC ('Doctor Hospital Data'). Use of the Site and Doctor Hospital Data's Services is governed by the terms and conditions of this agreement ('Terms and Conditions' or 'Agreement'). Throughout this Agreement, Doctor Hospital Data is referred to as 'we' or 'us.' We may revise and update these Conditions of Use at any time. Your use of this Site will mean you accept those changes.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE OR USING THE SERVICES.
General Terms and Conditions
All Users must be 18 years of age or older.
By accessing, browsing, or using the Site, you acknowledge that you have read and understood these Terms and Conditions without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment. Your access and use of the Site and the Services bind you to this Agreement. If you do not agree to the Terms and Conditions for the Site and the Services, you may not use the Site or the Services.
Doctor Hospital Data is not responsible for data quality or timeliness of changes to the data or frequency in which the data is updated. Doctor Hospital Data may add columns to normalize the data and to accommodate derived descriptions.
Doctor Hospital Data may, without notice to you, at any time revise these Terms of Conditions and any other information contained in this Site by updating this posting. Doctor Hospital Data may also make improvements or changes in the products, services, data, or programs described in this site at any time without notice.
This Site contains proprietary notices and copyright information, the terms of which must be observed and followed.
This Site and all content in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Doctor Hospital Data's prior written consent, except that Doctor Hospital Data grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.
Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Doctor Hospital Data does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another web site or in any other media.
Confidential Information
Doctor Hospital Data does not want to receive confidential or proprietary information from you through our Site. Please note that any information or material sent to Doctor Hospital Data will be deemed NOT to be confidential. By sending Doctor Hospital Data any information or material, you grant Doctor Hospital Data an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Doctor Hospital Data is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Doctor Hospital Data for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled Privacy for information regarding Doctor Hospital Data's privacy policies.
Global Availability
Information Doctor Hospital Data publishes on the World Wide Web may contain references or cross references to Doctor Hospital Data products, programs, data and services that are not announced or available in your country. Such references do not imply that Doctor Hospital Data intends to announce or make available such products, programs, data or services in your country. Please consult your local Doctor Hospital Data business contact for information regarding the products, programs, and services that may be available to you.
Linking To This Site
All links to this Site must be approved in writing by Doctor Hospital Data, except that Doctor Hospital Data consents to links in which the link and the pages that are activated by the link do not: (1) create frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (2) misrepresent your relationship with Doctor Hospital Data; (3) imply that Doctor Hospital Data approves or endorses you, your web site, or your service or product offerings; and (4) present false or misleading impressions about Doctor Hospital Data or otherwise damage the goodwill associated with the Doctor Hospital Data name or trademarks. As a further condition to being permitted to link to this site, you agree that Doctor Hospital Data may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Site and to cease using any Doctor Hospital Data trademark.
Advertising Services Advertising Agreement
In addition to this Agreement, the Advertising Agreement and those documents which it references applies to your use of this Site.
Affiliate Program Terms and Conditions
General Terms
The purpose of the Program is to allow the Affiliate to place graphical or textual advertisements for Doctor Hospital Data, LLC Products on the Affiliate Site, or to promote the Products in non-spam emails; and thus to earn commissions for sales that result directly from the Affiliate's efforts.
Definitions
1. "Program" is the Doctor Hospital Data, LLC affiliate program.
2. "Company" is Doctor Hospital Data, LLC, with website DoctorHospitalData.com.
3. "Affiliate" is you, the person or company enrolling in the Program.
4. "Affiliate Site" is your website, where you will place graphical or textual advertisements for Doctor Hospital Data, LLC Products.
5. "Affiliate Link" is a special link assigned to you that identifies a customer coming to DoctorHospitalData.com as having been referred by you, the Affiliate.
6. "Products" or "Doctor Hospital Data Products" are the data files/lists sold directly on DoctorHospitalData.com. Items displayed on DoctorHospitalData.com but not sold directly by the Company (e.g., books, other third-party products) are not included.
7. "Commission" is the fee paid by the Company to the Affiliate for sales that result.
8. "Customer" is anyone who makes a purchase at DoctorHospitalData.com. Doctor Hospital Data, LLC deems anyone who makes a purchase as a result of an Affiliate link to be a customer of the Company, and all of our policies concerning pricing, customer support and like matters will apply to these Customers.
Affiliate and Affiliate Site
1. If the Affiliate is an individual, you must be 18 years of age or older to participate in the Program.
2.The Affiliate is an independent contractor, not an employee of the Company.
3. The Affiliate shall be responsible for his or her own taxes and shall provide the Company with the information necessary for the proper reporting of income earned from the Program.
4. The Affiliate Site must be owned by the individual registering for the Program
5. The Affiliate Site’s content should focus primarily on the health care industry.
6. The Affiliate Site and emails sent by the Affiliate mentioning Doctor Hospital Data may not:
- Display or promote pornographic or sexually explicit material;
- Display or promote violence or violent content;
- Display or promote any hateful content;
- Display or promote any libelous or defamatory content or materials;
- Promote or engage in any illegal activity;
- Promote or engage in any discriminatory practice, including but not limited to those based on race, religion, sex, sexual orientation, nationality, age, or disability;
- Promote or engage in fraudulent activity (e.g., "Ponzi" or pyramid schemes);
- Violate any intellectual property rights;
- Violate any trademark rights;
- Engage in spamming or in providing false or exaggerated information about Doctor Hospital Data Products;
- Display false or negative comments about companies or products that compete with Doctor Hospital Data.
7. Any text-based mention of Doctor Hospital Data on the Affiliate Site or in emails must note that Doctor Hospital Data is a registered trademark of Doctor Hospital Data, LLC.
8. The Affiliate may not use his or her affiliate links to purchase Products for his or her personal use.
9. The Company may make graphical banners and badges available to the Affiliate for use on the Affiliate Site, as well as samples of text for text links or email to opt-in recipients. The Affiliate may also create original banners and other marketing materials.
Commission Earnings and Payment
1. The Company will provide the Affiliate with a special link that the Affiliate must use to link any graphics or text in an email or on the Affiliate site to DoctorHospitalData.com. Tracking and crediting sales to you as an Affiliate requires the use of this link. It is your responsibility to ensure that all links between your Affiliate Site and the Company's site, DoctorHospitalData.com, are typed and implemented correctly. The Company will not be liable for Commission on sales except for those that originate though a valid and active Affiliate link.
2. The sale of a Product will earn a Commission (20% of the product purchased price) if your customer reaches DoctorHospitalData.com and makes a purchase by clicking on a graphic or text link that uses your properly implemented Affiliate link.
3. If the Customer leaves the Company site, DoctorHospitalData.com, without making a purchase and returns to our site at a later date via some other path (e.g., a different browser or computer) that is not linked to the Affiliate link, then we cannot identify that Customer as referred by you and you will not earn a Commission.
4. The Company will pay Commissions approximately every 30-45 days, provided the amount due to the Affiliate is $100 or more. If the amount due is less than $100, it will be left to accumulate until such payment date as the amount due exceeds the $100 threshold. If the amount due never crosses the $100 threshold, the Company will not be liable for payment.
5. The Company will pay Commissions only by PayPal, not by check or by any other means. You must have a PayPal account in order to receive your Commissions.
Terms of Agreement
1. This Agreement will begin upon our acceptance of your application to participate in this Affiliate Program. Either party may terminate this Agreement at any time with or without cause, upon written notification to the other party.
2. Upon termination, the Affiliate will remove all links to the Company Site, and all Company graphics, logos and trademarks.
3. If the Company terminates this Agreement because the Affiliate has violated the terms of this Agreement, then any Commission anticipated or due to the Affiliate shall be forfeited.
4. The Company reserves the right to modify or cancel our Affiliate Program at any time. Your continued use of this service after modifications have been made constitutes an acceptance of the updated terms. If you do not agree with the updated terms, your only recourse is to stop utilizing our services and to terminate your agreement with us.
Disclaimer
THIS AFFILIATE PROGRAM IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REPSPECT TO THE AFFILIATE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM; INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND WITHOUT WARRANTIES OF FREEDOM FROM ERROR, UNINTERRUPTED SERVICE, ACCURACY, LOSS OF PROFITS, LOSS OF REVENUE, OR LOSS OF DATA. IT IS UNDERSTOOD THAT DOCTOR HOSPITAL DATA IS NOT ENGAGED IN RENDERING PROFESSIONAL, LEGAL, OR TAX ADVICE.
Governing Law
This Agreement is governed by the laws of the United States of America and the State of Florida.
CERTAIN DISCLAIMERS
THE SERVICES AND ANY INFORMATION CONTAINED ON THE SITE OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN 'AS IS' BASIS.
INFORMATION ON THIS SITE IS NOT PROMISED OR GUARANTEED TO BE CORRECT, CURRENT, OR COMPLETE, AND THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. DOCTOR HOSPITAL DATA ASSUMES NO RESPONSIBILITY (AND EXPRESSLY DISCLAIMS RESPONSIBILITY) FOR UPDATING THIS SITE TO KEEP INFORMATION CURRENT OR TO ENSURE THE ACCURACY OR COMPLETENESS OF ANY POSTED INFORMATION. ACCORDINGLY, YOU SHOULD CONFIRM THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY DECISION RELATED TO ANY SERVICES, PRODUCTS, OR OTHER MATTERS DESCRIBED IN THIS SITE.
DOCTOR HOSPITAL DATA PROVIDES NO ASSURANCES THAT ANY REPORTED PROBLEMS WILL BE RESOLVED BY DOCTOR HOSPITAL DATA, EVEN IF DOCTOR HOSPITAL DATA ELECTS TO PROVIDE INFORMATION WITH THE GOAL OF ADDRESSING A PROBLEM. WE RESERVE THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE OR ITS SERVICES, OR ANY PART THEREOF, WITH OR WITHOUT NOTICE.
Disclaimer Of Warranty
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, DATA, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED AS IS, WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. DOCTOR HOSPITAL DATA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, DOCTOR HOSPITAL DATA MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, DATA, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation Of Liability
IN NO EVENT WILL DOCTOR HOSPITAL DATA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE OR ANY USE OF THIS SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, DATA, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF DOCTOR HOSPITAL DATA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
ADDITIONAL OR DIFFERENT TERMS, CONDITIONS, AND NOTICES MAY APPLY TO SPECIFIC MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, DATA, AND SERVICES OFFERED THROUGH THIS SITE. IN THE EVENT OF ANY CONFLICT, SUCH ADDITIONAL OR DIFFERENT TERMS, CONDITIONS, AND NOTICES WILL PREVAIL OVER THESE TERMS OF CONDITIONS.
WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN DOCTOR HOSPITAL DATA'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
USERS' AGREEMENT
By registering to use this Site, you will be given the opportunity to create a personal profile account which will be used to access the Services offered by Doctor Hospital Data.
You are solely responsible for the payment of all fees and charges of any Provider and will hold Doctor Hospital Data harmless for any and all amounts owed by you to any Provider or other third party.
All sales are final. No refunds are permitted.
Data is rented to Customer for one time use only unless specifically approved otherwise in writing on a specific order. However once an individual responds to a solicitation, this limitation no longer applies to that individual record.
You agree to maintain the security of all user identification, password and other confidential information relating to the use of their Services account.
You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.
You will not use this Site or its Services for any purpose in violation of local, state, national or international laws.
You will not impersonate another person or create any false account information or record for themselves or others.
You will not hold Doctor Hospital Data, or any of our affiliates, subsidiaries or parent company, or their respective officers, directors, and employees, liable for damages including (but not limited to) loss of wages, revenue or business because of any Services related to or provided by this Site. The sole and exclusive remedy for dissatisfaction with the Services or with this Site will be to stop using the Services.
Doctor Hospital Data's maximum liability for errors or omissions cannot exceed the cost of the data and services purchased from Doctor Hospital Data. You may be required to supply Doctor Hospital Data with a copy of a sample mail piece, telephone script or html prior to the supply of data by Doctor Hospital Data. Doctor Hospital Data reserves the right to refuse an order for any reason.
Customer asserts familiarity with CAN-SPAM, and shall deploy emails strictly according to same. Customer agrees not to use the name "Doctor Hospital Data" in its advertising, and acknowledges that Doctor Hospital Data does not guarantee email delivery by Customer or Customer`s 3rd party service provider. Many third party email deployment services do not permit you to deploy purchased emails. Inform yourself prior to purchasing email data.
By agreeing to these terms you and your company accept full responsibility for the legal and proper use of private telephone numbers that may be appended to files provided to Doctor Hospital Data or a data supplier supplied by Doctor Hospital Data, or by one of its vendors at your request, on behalf of your company and its clients.
For Cell Phone Data Only: It is unlawful to use cell phone numbers for auto-dialed and/or pre-recorded calls or texts without prior express written consent from the recipient.
For Fax Data Only: It is a violation of federal and state law to send unsolicited advertisements to a fax machine (See United States Code Title 47, Section 227). Anyone violating those laws may be subject to civil and criminal penalties, which may exceed $500 for each transmission of an unsolicited fax. Doctor Hospital Data provides business data for lawful purposes only and expressly forbids the use of its business data in any unlawful manner.
You agree to comply with all user responsibilities and obligations as stated in these Terms and Conditions.
Doctor Hospital Data grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use this Site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement. While you may make limited copies of your related documents, you agree not to modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, data, or services obtained from this Site.
In addition, whether or not you have a commercial purpose, you agree not to: i. access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Doctor Hospital Data; ii. violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site; iii. take any action that imposes, or may impose, in the discretion of Doctor Hospital Data, an unreasonable or disproportionately large load on the Doctor Hospital Data infrastructure; iv. deep-link to any portion of this Site for any purpose. v. deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this Site, or any postings which advocate illegal activity; vi. deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable; vii. deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; viii. deliver or provide links to, any postings containing defamatory, false or libelous material. ix. deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity; x. deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships; xi. manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver; xii. use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment; xiii. attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means; or xiv. obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.
You may only use this Site to make legitimate requests for services offered (each, a 'Request') and shall not use this Site to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to provide correct and true information in connection with your use of this Site and you agree to promptly update your account information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Doctor Hospital Data reserves the right to reject any other transaction that it reasonably believes to have been fraudulently made including, by unauthorized use of a credit or debit card.
Accounts, Security, Passwords
You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. As part of the registration process, you will be asked to choose a security question. It is entirely your responsibility to maintain the confidentiality of your security question and your account. You agree to notify Doctor Hospital Data immediately of any unauthorized use of your account. Doctor Hospital Data is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
Privacy Policy
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Minors
Persons under the age of 18 are not eligible to use any services on our Site.
Indemnification
You agree to defend and indemnify Doctor Hospital Data and the Covered Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (i) by you or on your behalf in excess of the liability described above; or (ii) by third parties as a result of:
a. your breach of this Agreement b. your violation of any law or the rights of a third party; or c. your use of this Site in violation of this Agreement.
Third Parties
If you use this Site to submit Requests or to secure Services for or on behalf of a third-party ('Third-party'), such as an organization, you represent that the Third-party has authorized you to represent the Third-party in this transaction and that you are responsible for any error in the accuracy of information provided in connection with such use; including, but not limited to, the billing address and phone number of the credit card holder. These should match what is on file with their financial institution. In addition, you must inform the Third-party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any Request submitted including for total charges and performance obligations.
User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to Doctor Hospital Data in connection with your use of this Site (collectively, 'Comments'), shall be and remain the exclusive property of Doctor Hospital Data and may be used by Doctor Hospital Data in any medium in accordance with our Privacy Policy and you agree to execute any documents that may be necessary for such an assignment of rights. By providing your Comments to Doctor Hospital Data, you are indicating your consent to Doctor Hospital Data's use of your Comments. For example, your Comments could be used on this Site and in radio, television, and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. The information and opinions expressed in Comments on this Site are not necessarily those of Doctor Hospital Data or its content providers, advertisers, sponsors, affiliated or related entities, and Doctor Hospital Data makes no representations or warranties regarding any Comment. Doctor Hospital Data does not represent or guarantee the truthfulness, accuracy, or reliability of any Comments or determine whether the Comments violate the rights of others. You acknowledge that any reliance on material posted by other Users will be at your own risk. Doctor Hospital Data is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any Comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree that you are solely responsible for the content of any Comments you make.
Response to Requests
While Doctor Hospital Data will use its good faith efforts to respond to Requests within the time periods indicated on this Site, no guarantee is made that the status of your Request will be made available to you within the stated processing time. Doctor Hospital Data is not responsible for any errors or delays in responding to a Request including, without limitation, error or delays in responding to a Request caused by an incorrect e-mail address or other data provided by you or other technical problems beyond their control.
Modification/Termination of Usage
Doctor Hospital Data reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, Account password, or use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Doctor Hospital Data shall not be liable to you or any third-party for any termination of your access to this Site.
Electronic Notification
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site or electronic mail.
International Use
Accessing materials on this Site by certain persons in certain countries may not be lawful, and Doctor Hospital Data makes no representation that materials on this Site are appropriate or available for use in locations outside of the United States. You agree to comply with federal, state and all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Jurisdiction
Because of the designated purpose of this Site and the Services it provides, you agree that this Site does not constitute a service that targets any one community, user group, business or industry. You also agree that it does not constitute 'doing business' in any specific jurisdiction or soliciting business for us or any of our affiliated companies, subsidiaries or our parent company or establishing 'minimum contacts' with any jurisdiction outside of the State of Florida.
Conflict Resolution
You agree that this Agreement is entered into between you and Doctor Hospital Data in the State of Florida, and is performed within the State of Florida and governed by and shall be construed in all respects under the laws of the State of Florida, exclusive of its choice of law or conflict of law provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Services, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Broward County, Florida, or if such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States Court for the District of Florida, and whichever of those two courts has jurisdiction, you and we each waive any jurisdictional, venue or inconvenient forum objections to such court.
If any of the provisions of this Agreement are held to be unenforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
Termination of Services
If you violate these Terms and Conditions, your use of this Site will terminate. We may notify you that you have breached the Agreement and your account is being terminated. We may, in our sole discretion, terminate your access to this Site, or any portion thereof, or discontinue providing the Site, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.
Miscellaneous
The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.
This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and us regarding your use of this Site and supersede any prior statements, representations, or prior versions of these Terms and Conditions relating to the use of the Site that were displayed on this Site before. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of this Site will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this Site, which will be adequately brought to your attention. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
We do not guarantee continuous, uninterrupted or secure access to the Services, and operation of this Site may be interfered with by numerous factors outside of our control. You agree that these Terms and Conditions and all incorporated agreements between us and you may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation.
Our failure to act with respect to a breach by you or others of these Terms and Conditions does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us and any Site user with respect to the Site, its uses and services.
Collection of Personal Information and Confidentiality
We collect personal information that you choose to share with us when you register. This information may include your e-mail address and answers to certain questions we may ask when you register on this Site. We use this information to tailor our services to the data you entered. Information from registration is saved to our database. This enables you to use the personalized features on our Site on a recurring basis. This saved information is collected only with your permission and may be updated or deleted by you at any time. If you choose to not provide the information required for registration, you may not register with the Site and you will not be able to personalize the Site.
We try our best to ensure confidentiality and protect your privacy when you communicate with us on the Site. We will not disclose this information to third parties without your permission except in the following circumstances: i) to protect ourselves from liability; or ii) to respond to a legal process or comply with the law, including cooperation with law enforcement authorities in prosecuting any user that is not qualified to provide services and/or provides misleading or inaccurate information.
Complete Agreement
Except as expressly provided in a particular 'legal notice' on the Site, these Terms and Conditions constitute the entire agreement between you and Doctor Hospital Data with respect to the use of the Site and content.
Amendment
Doctor Hospital Data may modify, amend, and/or alter this Agreement at any time and from time to time with or without notice.
Acceptance
Electronic acceptance via the Site or facsimile signatures and electronic signatures will have the same legal effect as original signatures and are binding on the parties. If this Agreement is accepted electronically, by checking the 'Terms & Conditions' box, you have agreed to be bound by all of the terms and conditions of this Agreement.
Contact Information
We hope you find the Site helpful and convenient to use! Questions or comments regarding the Site should be directed by electronic mail to info@DoctorHospitalData.com.
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