THESE TERMS OF USE (“Terms of Use”) GOVERN YOUR (“You” or “Your”) USE OF THIS GE HEALTHCARE WEBSITE (“Website”) THAT IS PROVIDED BY DNH MEDICAL MANAGEMENT, INC., A GE HEALTHCARE BUSINESS, (“GE Healthcare,” “We” or “Our”). YOUR USE OF THE WEBSITE CONFIRMS YOUR ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY GE HEALTHCARE AT ANY TIME IN ITS DISCRETION. YOUR USE OF THE WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONFIRMS YOUR ACCEPTANCE OF THE CHANGES.
1. Scope. The purpose of the Website is to provide You information regarding the GE HealthCare Command Center offerings and a forum to communicate with other users of the tiles. Access to certain portions of the Website, is available only to users who have registered with the Website by completing the appropriate registration process and accepting GE HealthCare’s Registration Agreement. These Terms of Use are incorporated by reference into the Registration Agreement. These Terms of Use also govern the “public” parts of the Website that are available to users who have not registered with the Website.
2. Privacy Policy. For further information on how We use information that We collect, please refer to Our Privacy Policy, You promise that all information that You provide will be accurate. It is up to You to determine whether or not to participate in the Website.
3. Permitted Use. GE HealthCare grants You a nonexclusive, nontransferable, limited, revocable right to use the Website solely for Your internal business purposes. The Website is not intended for consumer or household purposes. You will not use the Website for any other purpose that is inconsistent with the intended purpose. You will not interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service. You will not intentionally or unintentionally violate any applicable local, state, national or international law. Your access to the Website may be terminated at any time and for any reason. You will not and will not authorize any other party to (i) Co-brand the Website, (ii) frame the Website, (iii) hyper-link to the Website or (iv) run any third party ad server software while viewing the Website, without the express prior written permission of an authorized representative of GE HealthCare. In these Terms of Use, “co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in a manner that is reasonably likely to give the impression that such other party has the right to display, publish or distribute the Website or content accessible within the Website, “framing” means to display the Website on the same screen with a portion of another website and “third party ad server software” means software from a third party that causes advertisements to appear while You are viewing the Website. You agree to cooperate with GE HealthCare in causing any unauthorized co-branding, framing or linking to immediately cease and to disable any third party ad server software while viewing the Website. Operators of other websites may not maintain links to this Website without GE HealthCare’s prior written consent. GE HealthCare reserves the right to prohibit other websites from linking to this Website.
4. Proprietary Information. The content accessible within the Website (the “Content”) is the proprietary information of GE HealthCare or the party that provided the Content to GE HealthCare, and GE HealthCare or the party that provided the Content to GE HealthCare retain all right, title and interest in the Content. Accordingly, You will not reproduce, transmit, publish or distribute such Content without the express written consent of GE HealthCare, except that You may print out a copy of Content solely for Your personal use. In doing so, You will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark or any other proprietary notice or legend appearing on any of the Content.
5. Links. The Website will provide You with access to a variety of sources of content through the Internet, including links that will take You from the Website to other websites, including without limitation other blogging websites. The linked websites, including any blogging websites, are not under the control of GE HealthCare, and We are not responsible for the content of any linked website or any webcasting or other links associated with such linked websites. GE HealthCare is providing these links “as is-where is” without warranty of any kind, and the inclusion of the links does not imply endorsement by GE HealthCare of the linked website or the content thereof. GE HealthCare has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, GE HealthCare will have no liability or responsibility whatsoever for any content contained within any such sources. This shall include any messages, comments, or listings on any blogging website. You acknowledge and agree that You access, use and rely upon such content at Your own risk.
6. Disclaimers. You understand that GE HealthCare cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection, viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. GE HealthCare does not assume any responsibility or risk for Your use of the Internet. All of the information in the Website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Website, and GE HealthCare does not undertake any obligation to update such information after it is posted or to remove such information from the Website if it is not, or is no longer, accurate or complete.
THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GE HEALTHCARE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IN CONNECTION WITH YOUR USE OF ANY PRODUCTS OR SERVICES, AND INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. GE HEALTHCARE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GE HEALTHCARE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND GE HEALTHCARE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT GE HEALTHCARE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE OR ITS CONTENT. GE HEALTHCARE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
7.Limitation on Liability. GE HEALTHCARE AND ITS AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND CONTRACTORS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GE HEALTHCARE AND ITS AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND CONTRACTORS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE SUM OF $100.00. YOU HEREBY AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED.
8. Indemnity. YOU WILL INDEMNIFY AND HOLD GE HEALTHCARE AND ITS AFFILIATES, PARTNERS, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND CONTRACTORS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY CLAIMS ARISING FROM (a) ANY BREACH OF THESE TERMS OF USE OR A REGISTRATION AGREEMENT (IF APPLICABLE) BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE, (b) YOUR USE OF THE WEBSITE OR ANY INFORMATION ACCESSED FROM THE WEBSITE AND (c) YOUR PARTICIPATION ON THE WEBSITE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH MATTER, AND AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSSES, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH.
9. Interactive Features. Information posted on or accessible through links (to other websites) made available on the Website is supplied by third parties and other users unless GE HealthCare or its authorized representative identifies itself as the Content provider. Any opinions, advice, statements, services, offers or other information or Content expressed or made available by third parties, including without limitation any other user, are those of the respective authors and not of GE HealthCare, and GE HealthCare shall have no liability therefore. You will not post, send, submit, publish or transmit in connection with the Website any material that:
• is defamatory or libelous;
• You do not have the right to post, including the proprietary material of any third party;
• does not pertain directly to the Website;
• infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
• violates any law, regulation, or may be considered to violate any law or regulation, including all applicable health care laws dealing with patient health information;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners and/or soliciting goods or services) except as may be specifically authorized on the Website;
• includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• disobeys any policy or regulations established from time to time regarding use of the Website or any networks connected to the Website; or
• contains hyper-links to other websites that contain content that falls within the descriptions set forth above.
GE HealthCare reserves the right to monitor use of the Website to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, You remain solely responsible for the content of Your submissions. You acknowledge and agree that neither GE HealthCare nor any third party content provider will assume or have any liability for any action or inaction by GE HealthCare or any third party content provider with respect to any submission. You will not (i) select or use a user name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that GE Healthcare, in its sole discretion, deems offensive.
Further, You hereby grant to GE HealthCare the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any submission (in whole or in part) worldwide or to incorporate any submission in other works in any form, media or technology now known or later developed. Except as otherwise provided in GE HealthCare’ Privacy Policy Privacy Policy GE HealthCare will not be required to treat any submission as confidential, and may use any submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future GE Healthcare operations.
10. Information. Any information posted by third parties on this website, including but not limited to any white papers, “Ask the Expert” features, or Frequently Asked Questions posted, is for informational purposes only. Although care has been taken to provide accurate and current information, the general principles and information presented at this website may differ depending on local, state, and federal laws and regulations. You are encouraged to consult professional advice for any specific problem.
11. Trademarks. GE HealthCare is a division of the General Electric Company, and all of its trademarks and logos are the property of GE HealthCare and the General Electric Company. Other trademarks, service marks and logos appearing in the Website are the property of the applicable GE HealthCare content providers. GE Healthcare and its content providers retain all rights with respect to any of their respective trademarks, service marks or logos appearing in the Website.
12. Security. Any passwords used for the Website are for individual use only. You will be responsible for the security of Your password (if any). GE HealthCare will be entitled to monitor Your password and, at its discretion, require You to change it. If You use a password that GE HealthCare considers insecure, GE Healthcare will be entitled to require the password to be changed and/or terminate Your account. You are prohibited from using any services or facilities provided in connection with the Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, GE HealthCare reserves the right to release Your details to system administrators at other sites in order to assist them in resolving security incidents. GE HealthCare reserves the right to investigate suspected violations of these Terms of Use.
GE HealthCare reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing GE HealthCare to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. YOU WAIVE AND HOLD HARMLESS GE HEALTHCARE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GE HEALTHCARE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GE HEALTHCARE OR LAW ENFORCEMENT AUTHORITIES.
13. Miscellaneous.
(a) Headings. The headings of Sections of these Terms of Use are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any Section hereof.
(b) Severability. If any Section or provision of these Terms of Use be held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such Section or provision of these Terms of Use shall be deemed severed from these Terms of Use and the validity of the remainder of these Terms of Use shall not be affected thereby.
(c) Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and to be enforced wholly within such state, notwithstanding any principles of conflicts of law.
(d) Arbitration. Any dispute or disagreement arising between the parties under these Terms of Use or pertaining to the subject matter hereof shall be resolved by binding arbitration under the Commercial Rules of the American Arbitration Association (“AAA”). Such arbitration shall be held in New York City, New York before an arbitral panel selected according to the rules of the AAA. EACH PARTY EXPRESSLY WAIVES ALL RIGHTS TO A TRIAL BY JURY.
(e) Submission to Jurisdiction. Subject to (d) above, You specifically consent to personal jurisdiction in New York in connection with any dispute between the parties arising out of this Agreement or pertaining to the subject matter hereof.
(f) Waivers and Amendments. The waiver by either party of any provision of these Terms of Use on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of this Agreement on any other occasion or upon any other circumstances. This Agreement may be waived or amended only in a writing signed by both parties.
(g) Entire Agreement. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on the Website (including without limitation a Registration Agreement) will govern the items to which they pertain. GE HealthCare may revise these Terms of Use at any time by updating this posting.