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This Agreement was last updated on May 8, 2014.
1. No Recommendations or Medical Advice
The Safety Score is not a referral service and does not recommend or endorse any particular hospital. Rather, the Safety Score is only an intermediary that provides selected information about hospitals. We do not offer advice regarding the quality or suitability of any particular hospital for specific treatments or health conditions, and no information on this website should be construed as health or medical advice. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific hospital.
You are solely responsible for any and all decisions or actions with respect to your medical treatment. The contents of the Safety Score, such as text, graphics, images, information, and other material contained on the website are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Neither Leapfrog nor its affiliates are responsible for the quality of the medical treatment that you receive from any hospital, whether or not you obtained information about such hospital on or through this website. Never disregard, avoid or delay in obtaining medical advice from your doctor or other healthcare professional because of something you have read on the website. By using the website, you accept all responsibility for the exercise of your informed judgment in your use of or reliance upon the website and the information contained therein. Leapfrog does not recommend or endorse any specific hospitals, physicians, tests, products, procedures, opinions or other information that may be discussed or identified on the website. Leapfrog and its licensors, suppliers and 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 hospital or other healthcare provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.
2. Safety Score and Conduct
a. This website provides you, among other things, with access to the results of the Safety Score. You agree to use the website and its contents solely in accordance with this Agreement, and if applicable, in accordance with a Marketing License (defined below) entered into with Leapfrog. You agree not to interrupt, or attempt to interrupt, the operation of the website or any part of it in any way.
3. Intellectual Property Rights
a. As between you and Leapfrog, the Safety Score and all Intellectual Property Rights (defined below) therein are owned by Leapfrog. You acknowledge that Leapfrog selected, compiled, arranged and adjusted data and information regarding Healthcare Providers and the Ratings are original compilations (as defined by the 1976 Copyright Act, 17 U.S.C. § 101) containing material wholly and exclusively original to Leapfrog. You must not reproduce, republish, distribute, modify, reverse engineer or otherwise exploit the Safety Score or this website in whole or in part, in any manner not expressly permitted by this Agreement and must not remove or modify any copyright or trademark notice, or other notice of ownership. As between you and Leapfrog, Leapfrog will retain exclusive ownership of the Safety Score and the ideas embodied therein, and if you make any modification of the Safety Score in violation of this Agreement, you will, and hereby do, assign to Leapfrog all of your rights, title, and interests in and to such modifications and all Intellectual Property Rights therein. You acknowledge that the Safety Score constitutes the proprietary trade secrets of Leapfrog. You may not allow anyone other than yourself to access or use the Safety Score and must not repost, retransmit or otherwise distribute the Safety Score, in whole or in part, to any party, except as expressly permitted herein.
b. You understand and agree that, due to the nature of Leapfrog’s products and services, any unauthorized citation, reproduction or re-publication of the Safety Score and use of any of the Safety Score is likely to be deceptive and cause confusion in the marketplace, suggest non-existent sponsorship or endorsement by Leapfrog, misappropriate Leapfrog’s reputation, goodwill, business opportunities and revenues, or otherwise misappropriate the cachet of Leapfrog’s products and/or services; thus, you agree not to cite (orally, in writing or otherwise), reproduce or re-publish the Safety Score without the prior written permission of Leapfrog and you hereby waive any right to assert any "nominative fair use" or "nominative use" defense in any trademark infringement action brought against you in the event that you do cite, reproduce or re-publish the Safety Score without the prior written permission of Leapfrog.
c. All rights not explicitly granted to you and licensees under this Agreement will remain with Leapfrog. Unless explicitly stated herein, nothing in this Agreement will be construed as conferring any license to Intellectual Property Rights of Leapfrog, whether by estoppel, implication, or otherwise. Please be aware that we actively and aggressively enforce our intellectual property rights to the fullest extent of the law. Please send an email to email@example.com to receive additional information.
d. “Intellectual Property Rights” means all intellectual property rights of any kind or nature however denominated throughout the world, including, without limitation all copyrights, patents, patent applications, trade secrets, inventions, proprietary know-how, registered and unregistered trademarks, registered and unregistered service marks, domain names, registered and unregistered trade names, rights of privacy and publicity, moral rights, and database rights.
e. In partial consideration of Leapfrog providing this website, you agree that all Intellectual Property Rights and all ownership of any ideas, modifications, enhancements, improvements, inventions, works of authorship, or any other suggestions you or any of your personnel provides to Leapfrog relating to this website or the Safety Score will be, and are hereby, assigned to Leapfrog and shall be the sole and exclusive property of Leapfrog.
4. Confidential and Proprietary Information
This website contains information, materials, and data that Leapfrog considers confidential and proprietary, including the Safety Score (the “Confidential and Proprietary Information”). You agree that you will maintain the Confidential and Proprietary Information as confidential and will not copy, disclose to third parties, nor use the Confidential and Proprietary Information for any purpose other than as explicitly allowed in this Agreement.
5. Term and Access
This Agreement takes effect on the date you first access or use the Safety Score. Leapfrog reserves the right at any time in its sole discretion to terminate this Agreement and your access to, and use of, the Safety Score, with or without notice. Upon such termination for any reason, you will cease access to, or use of, the Safety Score and all of your rights herein will cease and at the request of Leapfrog you will return or destroy all copies of any such content, including Confidential and Proprietary Information, in your possession and certify in writing to Leapfrog that you have done so. Rights and obligations under this Agreement which by their nature are intended to survive the termination of your authorization to use the Safety Score will remain in full effect after such termination, including without limitation those of Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10(b).
If you are an individual or entity to which Leapfrog assigns a Safety Score or its affiliates or related entities, you shall not publish, distribute, display, publicize or otherwise share the Safety Score with others for any purpose, except you may use your own Safety Score as follows: (i) in your internal communications, on your web site, and for your unpaid media relations in accordance with the terms and conditions listed below, or (ii) pursuant to an executed marketing license agreement with Leapfrog, pursuant to which you may be assessed a licensure fee (“Marketing License”). If you have entered into a Marketing License, you may use the Safety Score only as expressly provided in such agreement and for no other purpose. If you are interested in obtaining a Marketing License, please contact us at Scorelicense@leapfroggroup.org . The terms and conditions are as follows:
If you are not such an individual or entity to which Leapfrog assigns a Safety Score, or its affiliates or related entities, you may publish Safety Scores so long as you comply with the following terms and conditions:
You are granted a limited, non-exclusive right to create a text hyperlink to this website for noncommercial purposes, provided such link does not portray Leapfrog, the website, the Safety Score, or any of Leapfrog’s other products and services, in any misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. Leapfrog may revoke this limited right at any time. You may not use a Leapfrog logo or other proprietary graphic of Leapfrog to link to this site without the express written permission of Leapfrog. Further, you may not frame, in-line link, or otherwise utilize framing techniques to enclose any Leapfrog trademark, logo, or other proprietary information, including the content found at this website, without Leapfrog’s express written consent. Except as noted above, you are not granted any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Leapfrog or any third party.
and Hold Harmless
You agree to indemnify and hold each of Leapfrog and any agent appointed by Leapfrog to pursue and enforce its rights and to undertake and fulfill its obligations under this Agreement (“Agent”) and their respective affiliates and all of their respective past, present and future directors, officers, employees, successors and agents and all of their respective successors and assigns, both individually and in their official capacities (collectively “Indemnitees”) harmless from and against any and all liabilities, damages, demands, claims, causes of action, fines or penalties (including, without limitation, court costs and reasonable attorneys’ fees) arising out of or related to the failure of you to fulfill any of your obligations under this Agreement or your use of or access to the Safety Score. You hereby expressly forever release, and discharge Leapfrog, the Agents, and the Indemnitees from, and covenant not to assert against Leapfrog, the Agents, and the Indemnitees any and all causes of action, rights or claims of any type or description, known or unknown, which may arise in the future in any way resulting from, arising out of or in connection with your use of the Safety Score. You agree that you are waiving any right that you may have to obtain or receive any monetary damages or other relief of any kind (including but not limited to settlement proceeds) as a result of any action or proceeding brought by you or by any other person or entity on your behalf regarding your use of the Safety Score, and to the extent permitted by law, you agree that you will not seek or accept any monetary damages or other relief of any kind in any such action or proceeding.
9. Events Beyond Our Control
You absolve and release us and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions, and disclosure of your private health information that you have provided to third parties through links on our Site.
10. Disclaimer of Warranties
THIS WEBSITE AND THE SAFETY SCORES ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE SAFETY SCORES MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. NEITHER LEAPFROG NOR ITS AGENT WILL HAVE ANY RESPONSIBILITY AND WILL BEAR NO LIABILITY WHATSOEVER WITH REGARD TO REPLACING, UPLOADING, OR CORRECTING ANY SAFETY SCORE ONCE RELEASED. YOU ACKNOWLEDGE AND AGREE THAT, SINCE THE SAFETY SCORES ARE BASED ON INFORMATION PROVIDED BY THIRD PARTIES, IT IS REASONABLE THAT THE SAFETY SCORES, AND ANY SERVICES PROVIDED UNDER THIS AGREEMENT BE, AND THEY ARE, “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” LEAPFROG AND ITS AGENT DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR ARISING OUT OF ANY COURSE OF DEALING.
11. Limitation of Liability
TO THE FULL EXTENT PERMITTED BY LAW, NEITHER LEAPFROG NOR ITS AFFILIATES WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS WEBSITE, ANY SAFETY SCORES, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE, ANY SAFETY SCORES, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS WEBSITE, YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S). LEAPFROG IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ANY DAMAGES FOR LOSS OF BUSINESS, REVENUE, OR PROFIT) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SAFETY SCORE, EVEN IF LEAPFROG HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN CONTRACT, TORT, WARRANTY OR ANY OTHER LEGAL THEORY.
To the extent that any jurisdiction does not allow the exclusion or limitation of indirect, punitive, special, incidental, consequential or exemplary damages, portions of the above limitation or exclusion may not apply.
12. General Terms
a. Any express waiver or failure to exercise promptly any right under this Agreement in any particular circumstance does not constitute a waiver of its right to enforce this Agreement in any other circumstance, in any similar circumstance, or in any continuation or repetition of the circumstance in connection with which it has not previously enforced its right. If any part, term, or provision of this Agreement will be held void, illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions will not be affected hereby.
b. This Agreement, the rights and obligations hereunder, and any claims or disputes relating thereto, will be governed by and construed in accordance with the laws of the District of Columbia without regard to the principles of conflicts of laws. Any claim, suit or action arising under or relating to this Agreement must be brought and maintained exclusively in courts located within the District of Columbia. The parties hereby agree that such courts will have exclusive personal and subject matter jurisdiction over any such claim, suit, or action. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION TO ENFORCE OR DEFEND ANY RIGHT UNDER THIS AGREEMENT OR ANY AMENDMENT, INSTRUMENT, DOCUMENT OR AGREEMENT DELIVERED OR TO BE DELIVERED IN CONNECTION WITH THIS AGREEMENT OR ARISING FROM ANY RELATIONSHIP EXISTING IN CONNECTION WITH THIS AGREEMENT, AND AGREE THAT ANY ACTION WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
c. This Agreement constitutes the entire agreement between you and Leapfrog relating to this subject matter, and cancels and supersedes any prior versions of this Agreement. No modification to this Agreement will be binding against Leapfrog, unless in writing and signed by an authorized Leapfrog representative. You may not assign, sublicense, delegate or otherwise transfer this Agreement or any right granted hereunder.
You acknowledge that it will be impossible to measure the damages that would be suffered by Leapfrog if you fail to comply with this Agreement and that in the event of any such failure, Leapfrog will not have an adequate remedy at law. Leapfrog shall, therefore, be entitled in addition to any other rights and remedies to obtain specific performance of your obligations hereunder and to obtain immediate injunctive relief without having to post a bond. You shall not urge, as a defense to any proceeding for such specific performance or injunctive relief, that Leapfrog has an adequate remedy at law.