PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By using the content in this site, on behalf of yourself or your entity, you agree to the terms and conditions below. If you do not agree, you are prohibited from using this site. Your use of this site acknowledges and confirms that:
- You have read and understand all of the terms and conditions of this User Agreement;
- You agree to be bound by all of the terms and conditions of this User Agreement and acknowledge that this User Agreement is the legal equivalent of a signed, written contract between you and MPIRICA Health Analytics, Inc. (MPIRICA);
- If you are accessing this site on behalf of an entity, you have full authority to bind your entity to all of the terms and conditions of this User Agreement. If you are unwilling to be bound by all the terms and conditions of this Agreement, including without limitation the preceding acknowledgement, do not continue to attempt to access this site.
RESTRICTIONS ON USE
Access to hospital and health system (hereinafter "provider") quality evaluations from www.mpirica.com is intended solely for individual consumer use and may not be used for commercial applications by providers, purchasers, or other organizations without express written consent or license by MPIRICA.
All content relating to MPIRICA quality evaluations including, but not limited to, scores, ratings, and rankings are protected by U.S. and international copyright laws. Public reference to provider evaluations contained in the aforementioned sites, whether oral or written is strictly prohibited without express written consent of MPIRICA.
Except as expressly permitted in this User Agreement or otherwise permitted by us in writing, you will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, disclose, publicly perform, publicly display, mirror, frame, create derivative works of, reverse engineer, decompile or disassemble, or use any aspect of these sites or any site content (including, but not limited to, any provider evaluations), in whole or in part, in any form or by any means. Without limiting the foregoing, except as expressly permitted by us in writing, you will not, directly or indirectly, use any of the site content: (a) for any purposes other than your personal, non-commercial evaluation of providers; (b) to compile lists of providers for commercial purposes; (c) to establish independent data files or compendiums of statistical information; or (d) in violation of any applicable laws or regulations. Please send an e-mail to firstname.lastname@example.org to receive additional information about the possibility of alternative arrangements regarding the site content. Further, you may not use any meta-tags or any other "hidden text" utilizing the name "MPIRICA Quality Score" or "MPIRICA" or “ValueQuad” without our prior written permission. Any unauthorized use, disclosure or reproduction of any site content may violate copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights, or other laws or regulations. Please be advised that MPIRICA actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
NO MEDICAL ADVICE OR RECOMMENDATIONS
MPIRICA is not a provider referral service and does not recommend or endorse any particular provider. Instead, MPIRICA is an independent intermediary that provides selected information about providers. We do not offer advice regarding the quality or suitability of any particular provider for specific treatments or health conditions, and no information contained in our sites or service should be construed as medical advice. The provider quality rating information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific provider. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific provider.
Hence, you assume all responsibility in connection with choosing a provider, whether or not you obtained information about such providers on or through our site or service. MPIRICA and its licensors, suppliers and affiliates (collectively, the "Affiliates"), and the directors, officers, agents, and representatives of each, assume no (and hereby disclaims all) responsibility or liability of any kind, for any advice, treatment or other services rendered by any provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.
The material in this site could include technical inaccuracies or typographical errors. MPIRICA may make changes or improvements at any time. THE CONTENT IN THESE SITES IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. MPIRICA DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR USE. MPIRICA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MPIRICA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THESE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
This site contains downloadable content as well as links to external sites. MPIRICA is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that MPIRICA cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through these sites, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
RESTRICTION OF LIABILITY
MPIRICA will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. MPIRICA will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the content in this site, even if there is negligence or MPIRICA or an authorized representative has been advised of the possibility of such damages, or both.
You will defend, indemnify, and hold harmless MPIRICA and our Affiliates, and our and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (a) your use of our site, any site content, or any products or services obtained on or through our site, (b) any arrangements you make based on information obtained on or through our site, or (c) any breach by you of this User Agreement.
PROPRIETARY RIGHTS AND CONFIDENTIALITY
Except as explicitly provided in this User Agreement, all right, title and interest in and to the site content, including without limitation the graphical display of these sites and all provider scores, ratings, rankings and all intellectual property rights embodied therein, are the property of MPIRICA and/or our Affiliates. Content contained in our site is protected by law, including, but not limited to, United States and international copyright law and trademark law, trade secret law, as well as other state, federal, and international laws and regulations.
MPIRICA's provider quality evaluations contained in this site constitute confidential and valuable proprietary compilations owned by MPIRICA. You will protect the confidentiality of (and not disclose to any person) the provider quality evaluations derived by this site by using at least the same degree of care as you use to protect your own confidential information, but no less than a reasonable degree of care. Your disclosure of information contained in this site pursuant to a judicial or administrative order will not be deemed to be a breach of this User Agreement, provided you (a) provide timely written notice of such order to MPIRICA and (b) reasonably cooperate with MPIRICA's efforts to contest or limit the scope of such order. Any breach of the foregoing confidentiality obligation will cause MPIRICA irreparable harm for which there is no adequate legal remedy. In the event of any actual or threatened breach of this Agreement, MPIRICA will be entitled to obtain injunctive and all other appropriate relief from a court of competent authority, without being required to: (a) show any actual damage or irreparable harm, (b) prove the inadequacy of its legal remedies, or (c) post any bond or other security.
The MPIRICA Quality Scoring scale (100-800), ValueQuad and attendant methodologies, as well as individual scores, ratings, and rankings of providers, are the property of MPIRICA and may not be reproduced, distributed, or otherwise used in any manner without our express written consent. MPIRICA, MPIRICA Logo, MPIRICA Quality Score, MPIRICA Quality Score shield, MPIRICA Quality Score badge, MPIRICA.com, ValueQuad, ValueQuad logo, When Quality Matters Most, are all service marks and trademarks of MPIRICA and may not be used in any manner (including, but not limited to, connection with re-publication or citation of provider quality evaluations) without the prior written permission of MPIRICA. Other names and logos contained in these sites or in the site content are trademarks and service marks of third parties and may not be used without the permission of the trademark or service mark owner.
PERMISSION TO USE RECOMMENDATIONS
Any and all information, suggestions, feedback, ideas, concepts, comments, illustrations and other materials that you disclose or offer to us on or in connection with our sites or any site content (hereinafter "Recommendations") are submitted without any restrictions or expectation of confidentiality. You hereby assign to us without compensation or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Recommendations. You further agree that your Recommendations may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Recommendations on our sites or elsewhere by us, our assigns or others we have allowed to use your Recommendations. You will not assert any proprietary right or moral right of any kind with respect to any Recommendations.
Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While MPIRICA has endeavored to create secure and reliable sites, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither we nor our Affiliates are responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on our sites, or for the consequences of any reliance on such information. You must make your own determination as to these matters.
MPIRICA reserves the right to view, monitor and record activity on our sites without notice to or permission from you. We may disclose any records, electronic communications, information, materials or other content of any kind (a) if we believe in good faith that the law or legal process requires it; (b) if such disclosure is necessary or appropriate to operate our sites; or (b) to protect our rights or property or the rights or property of our users and business partners. However, we are not responsible for screening, policing, editing or monitoring our sites.
MPIRICA is committed to complying with copyright and related laws, and expects all users of our sites to comply with these laws as well. Using our sites to transmit any content or to engage in any activity that infringes any copyright or any other right of a third party violates this User Agreement. You represent and warrant to MPIRICA that you own, or are otherwise lawfully authorized to use, any information, materials or other content that you transmit to or through our sites, and that the use of the same does not violate copyright or related laws and will not cause injury to any person or entity.
If notified of an allegation that our sites contain infringing, defamatory, damaging, illegal or offensive records, electronic communications, information, materials or other content, we may, but have no obligation to, investigate the allegation and determine in our sole discretion whether to remove or request the removal of the same from our sites. Notices to us regarding any alleged copyright infringement on our sites should be directed to MPIRICA at the following e-mail address: email@example.com.
Except as described otherwise, all content in MPIRICA's sites are made available only to provide information about MPIRICA and its healthcare information services. MPIRICA controls and operates this site from its headquarters in the United States of America and makes no representation that this content is appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department's Specially Designated Nationals list, or (c) the US Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.
TERM AND TERMINATION
This User Agreement will take effect at the time you access, use or browse this site or any site content. We reserve the right, at any time and for any reason, without notice to you, (a) to deny you access to this site, any site content, or any portion thereof; (b) to change, remove or discontinue the site or any portion thereof, or any of the site contents or services available on or through this site; or (c) to terminate this User Agreement.
These Terms and Conditions will be governed and interpreted pursuant to the laws of the State of Washington, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of our sites for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of our sites. MPIRICA can revise these Terms and Conditions at any time by updating this posting. Our site may be linked to other sites which are not maintained by MPIRICA. We are not responsible for the content of these sites. The inclusion of any link to such sites does not imply endorsement by MPIRICA of the sites.
If you have any questions about this User Agreement you may contact MPIRICA at firstname.lastname@example.org.