TERMS AND CONDITIONS
Please read these terms and conditions of use carefully before using the Clinical Resource Center (“CRC”) website.
By using this site, you (meaning your employer, or the entity or institution on behalf of which you are accessing the CRC website’s content) signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this Site.
Hill-Rom may revise and update these Terms and Conditions at any time. Your continued usage of the CRC website (“website” or “Site) will mean you accept those changes.
The Site Does Not Provide Medical Advice. The Site is for informational and educational purposes only and is not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Each facility is responsible for the development, adoption and implementation of its own protocols. Always follow protocols and rules adopted by your facility.
2. USE OF THE SITE
You are required to comply with all applicable laws and regulations, including local, state, national, foreign, or international statutes, regulations, rules, orders, treaties, or other laws, in connection with your access to and use of the Site and such further limitations as may be set forth in any notice from us. As a condition of your access and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Terms and Conditions.
Use of the Site may trigger reportable activity under the U.S. Physician Payments Sunshine Act or similar state laws. Your continued use of the Site indicates your understanding that Hill-Rom may disclose any information required by applicable federal or state law or industry policy or guideline.
We may restrict, suspend, or terminate your access to the Site without notice to you if we believe that you have violated any law or these Terms and Conditions.
You further agree that you will only access the Site through the interfaces we provide and that you will not violate or attempt to violate the security of the Site.
You further agree that, if you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws.
Violations of system or network security may result in civil or criminal liability. In accordance with these Terms and Conditions, we will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
3. SUBMISSION OF DATA
You agree that you are submitting data or other information (hereinafter “information”) to Hill-Rom on a non-confidential basis, irrespective of any markings on information submitted or any other statements made to Hill-Rom. Other than the source of the information (i.e., your identity), no other confidential relationship or obligation of secrecy or nonuse is created or implied by your use of the Site or information provided to the Site.
You agree not to provide any information that could be considered Protected Health Information by federal privacy laws.
You agree to adhere to data collection guidelines/requirements and implement processes to collect and submit reliable data for Hill-Rom’s use.
Hill-Rom will not disclose your identity nor the source of any information received through this site to any third party without your prior, written consent. However, Hill-Rom has the unrestricted right to use, reproduce, and disclose any information received from you otherwise. Hill-Rom shall have no other obligation whatsoever with regard to the contents of the information, the secrecy or reproduction thereof, or the use for any purpose (including without limitation for developing, manufacturing and/or marketing goods or services.). All rights and remedies regarding ownership, confidentiality, trade secret, and copyright are hereby waived by you.
You represent and warrant that you have the unlimited right to disclose the entirety of the information to Hill-Rom, and that such disclosure does not violate any obligation of confidentiality that you may have to any third party or any third party intellectual property rights.
Hill-Rom is under no obligation to review or use the information. Hill-Rom is under no obligation to return any information or any material submitted by you, or to reveal to you what if anything it has done in connection with the information or content therein.
4. REGISTRATION, ACCOUNT SECURITY, AND ELIGIBILITY
Access to the Programs and Continuing Education portions of the Site is restricted to Authorized Users to whom we issue usernames and passwords. You are not authorized to access these portions of the Site unless you have received a password from us. In particular, you may not use another person's password to access these portions of the Site, but you may access these portions of the Site using a password issued to your employer if your employer has authorized you to use its password.
You are responsible for maintaining the confidentiality of your password, and you agree not to share your password with anyone or allow anyone to use your account. You also agree to take full responsibility for any activity that occurs through the use of your account. If you become aware that any other person has accessed your account or has obtained your password, you agree to notify us immediately. Even if you notify us, you will be responsible for any damage caused by the breach of security, both before and after the notification.
5. ACCURACY, PRIVACY, AND USE OF PERSONAL INFORMATION
Whenever we ask you to identify yourself, or for other personal information, you agree to provide truthful, accurate, current, and complete information, and to keep this information current and accurate throughout the time you remain a user of the Site. You also represent and warrant that you have obtained all necessary consents, approvals and authorizations to provide the information to us, and that you are not violating any laws, rules or regulations or the rights of any individual or entity, by providing such personal information.
6. INTELLECTUAL PROPERTY
Hill-Rom Services, Inc. hereby grants you the nonexclusive right to use, download, and view each of the Programs and Continuing Education portions of the Site (the “Modules”). You may not distribute any copy of any Module to any other person or entity outside of your institution. Each copy of each Module must include all copyright, trademark, and other legal notices. All title and copyrights in and to each Module (including, without limitation, any images, photographs, trademarks, and text incorporated into the Module), any accompanying media and printed materials, and any copies of the Modules are owned by Hill-Rom Services, Inc. The Modules are protected by copyright laws and international treaty provisions. Therefore, you must treat the Modules like any other copyrighted material, subject to the provisions of this Agreement. You acknowledge that the Modules and related materials are the sole and exclusive property of Hill-Rom Services, Inc. and, thereby, accepting this license, you do not become the owner, but do have the right to use the Modules as outlined and as limited by this Agreement. You will not reproduce, publish, disclose, or distribute any Module or any portion of a Module outside of your institution, and you will use your best effort and take all reasonable steps to protect the Modules from all other unauthorized reproduction, publication, disclosure, or distribution. You agree that Hill-Rom Services, Inc. has the right to terminate this license at its sole discretion, at any time, without providing you with advance notice of the termination. You agree that upon termination of this license, you will return to Hill-Rom Services, Inc. each copy in your possession of each Module, or certify to Hill-Rom Services, Inc. in writing that each copy of each Module in your possession was destroyed.
7. NO PROFESSIONAL ADVICE
Any information supplied by any employee or agent of Hill-Rom, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance, and does not constitute legal, tax, medical, accounting, or other professional advice. In addition, the content provided on the Site, or the information generated by Hill-Rom from the User information, is intended as general educational information, not specific professional advice. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any content, including data and materials generated from this Site or Hill-Rom generated materials from the User information obtain through this Site.
8. DISCLAIMER OF WARRANTIES
Our products and services, including the Site, any User information, and any links from the Site to any third-party websites, are provided AS IS, and we make NO REPRESENTATION OR WARRANTY OF ANY KIND with respect to them.
WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY HILL-ROM; AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY HILL-ROM OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
9. LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION ARISING UNDER THESE TERMS OF SERVICE IS YOUR RIGHT TO TERMINATE YOUR USE OF THE SITE. YOU AGREE THAT WE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY'S FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES GENERATED BY HILL-ROM FROM USER INFORMATION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, OR STRICT LIABILITY. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law, but the provisions of this section shall in any case be interpreted to limit our liability to the greatest extent permitted by law.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, YOU RELEASE HILL-ROM FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD HILL-ROM HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.
YOU AGREE TO INDEMNIFY HILL-ROM, AND OUR OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, PARTNERS, AND LICENSORS (THE "HILL-ROM PARTIES") AGAINST, AND HOLD THE HILL-ROM PARTIES HARMLESS FROM, CLAIMS, LIABILITY, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE.
11. MODIFICATION OF THE SITE
We reserve the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof), with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.
We reserve the right, in our sole discretion, to terminate, suspend, or limit your access to the Site, or any portion thereof, at any time without notice to you. If we do so, the provisions of these Terms and Conditions will survive such termination, except that you will not be permitted to use the Site to the extent that we terminate, suspend, or limit your access. You may also discontinue your own access to the Site by contacting us in writing to request that your account be terminated.
13. GOVERNING LAW AND INTEGRATION
You agree that any dispute between you and Hill-Rom will be governed by the law of the State of Illinois without regard to its conflict of law provisions, and that any legal action brought by one party against the other will be brought in the courts of Cook County, Illinois. You agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and Hill-Rom with respect to your use of the Site and any materials or information generated by Hill-Rom from the User information obtained on the Site, superseding any prior or contemporaneous communications and proposals in any form between you and Hill-Rom.