Effective April 25, 2018
1.1 Agreement. This User Agreement constitutes the agreement between H3.Group, a division of Simplify Compliance LLC ("H3.Group"), and you as a user ("user," "you," or "your") of our family of Internet sites and services under our DecisionHealth, HCPro, HealthLeaders Media and other brands ("Service" or "Services"). You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Services, and your use of the Services constitutes your agreement to abide by these provisions.
1.2 Passwords. Sharing or distributing your user name and password to others for access to the Services is prohibited and may result in termination of your account. H3.Group makes multi-user and site licenses available for organizations needing broader access.
1.3 Changes. H3.Group reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. H3.Group will make the current Agreement available at this URL, as well as from a link at the bottom of each Service's home page. The Agreement in effect at the time you use the Service shall govern your use, and your use of the Service after the effective date of any changes to this Agreement will be deemed your acceptance of the changes. For your convenience, substantive changes to the Agreement will be noted in this "Changes" section for at least one month after a change becomes effective. Any change will be effective immediately, however, and need not be noted in the "Changes" section to be binding upon all subsequent visitors to the site.
1.4 Changes to Services. H3.Group is constantly changing, updating, and improving its Services. H3.Group reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, tool, or feature that is a part of the Services.
1.5 Restrictions, suspensions. H3.Group further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Services based on H3.Group’s belief that your use of the Services violates that permitted by this Agreement or applicable law.
IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES.
2. Rights in Service Content and the Service
2.1 Copyright. The Services, together with all content and tools provided by H3.Group on the Services, are protected by copyright, and are owned or licensed by H3.Group, a division of Simplify Compliance LLC. As a User, you are granted a non-exclusive, non-transferable, limited license to access and use the free areas of the Services and the premium areas of the Services to which you are an authorized member or subscriber, subject to the limitations below.
2.2 Personal use. You may search, retrieve, display, download, and print content from the Services solely for your personal research and reference purposes only (either for the benefit of yourself or for the benefit of your employer).You shall make no other use of the content without the express written permission of H3.Group. If you wish to add users within your organization, multiple-user accounts and site licenses can be obtained by calling 800-650-6787.
2.3 Prohibited uses. Without express written permission of H3.Group, you shall not publish, distribute, transmit, sell, display, store, transfer, create derivative works, or in any way exploit other than as set forth herein, any of the content or tools found on the Services. Further, you shall not engage in systematic downloading or other activity that would create any electronic database or archive containing such content. Without the express prior written consent of the H3.Group, you shall not employ scrapers, frames, crawlers, bots, spiders, or other automated tools that programmatically access and extract content in order to repurpose, reformat, or resell the Services’ content.
2.4 Third party use. Consultants, associations, and similar entities may not distribute any of these materials to their clients or members without an Enhanced Use License or other written permission from H3.Group. To obtain such permission and information about associated pricing, please call 800-650-6787.
2.5 Trademarks. The names, trademarks, service marks and logos of H3.Group brands, sites, and services appearing on the sites may not be used in any advertising or publicity, or otherwise to indicate H3.Group sponsorship of or affiliation with any product or service, without H3.Group’s prior express written permission. Other trademarks appearing on the Services are the property of their respective owners.
3. User Activities and Privacy of User Information on the Service
3.1 Lawful uses. You will use the Services and any tools, content, material, or information found on the Services solely for lawful purposes. You shall not upload to, distribute to or through, or otherwise disseminate through the Service any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any privacy or other rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
3.2 Rights in submissions. You warrant that any material or information that you make available through the Services, including, for example, postings to forums and documents you may post to your work area, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Services. You will be solely responsible for the content of any material or information that you make available through the Services. You will also be liable for any damage resulting from your making any material or information available through the Services.
3.3 License. Except as set forth below, by making any material or information available through the Services, for example, in postings to chat areas and forums, you automatically grant to H3.Group a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Services, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user's personal, internal use. H3.Group shall acquire no rights to personal documents that you or authorized parties post to your work area.
3.4 Review of submissions. H3.Group has no obligation to, and does not and cannot, review every item of material or information that you and users other than you make available through the Services, and H3.Group is not responsible for any content of this material or information. However, H3.Group reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any privacy or other rights of any person or entity. Further, H3.Group reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
3.5 Copyright, DMCA, takedown claims. If you believe that content posted on or through the website has been used in a manner that constitutes copyright infringement, please provide H3.Group’s Copyright Agent with a written notice to the email or mailing address indicated below that includes the following information:
· an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
· identification of the copyrighted work claimed to have been infringed;
· a description of where the material that you claim is infringing is located on the site;
· your address, telephone number, and e-mail address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
H3.Group's Copyright Agent for notice of claims of copyright infringement is: Brad Forrister, VP Legal, by email at firstname.lastname@example.org or by mail to H3.Group, 100 Winners Circle, Suite 300, Brentwood, TN 37027.
4. Fees and Payments; Account Management; Free Trial Use
4.1 Payment terms. If you become a paid or trial subscriber of any of the Services, you will be bound by the payment terms set forth herein. Access to premium areas of the Services requires payment. If you subscribe, you must provide accurate, complete and updated subscriber information. You acknowledge that you will pay H3.Group all such fees, charges, and applicable taxes for the Services where enrollment in the Services has been made using your credit card or other means, whether made by you personally or by someone else in your household or organization on your behalf. If you enroll in the Services using a credit card, you certify to H3.Group that you are at least 18 years of age and that you are the cardholder of the credit card, or that you are expressly authorized by the cardholder to enroll in the Services. In any event, you expressly certify and represent that you are not under the age of 13.
4.2 Use of Service. You further acknowledge that your obligation to pay H3.Group all such fees, charges, and applicable taxes for the Service does not depend on usage of the Service, and that you remain obligated to pay H3.Group for the Service regardless of whether the Service is used or not. Unless you enroll as part of a free trial, your obligation to pay for the Service begins on the date of your enrollment in the Service, not the date of your first use of the Service. If made available, free trial or free access periods to use the Service also begin on the date of your enrollment in the free trial for the Service, and not the date of your first use of it.
4.3 Cancellation. You may cancel your monthly or yearly account for the Service during any free trial period or the first 90 days of the subscription period without charge. You may cancel your account for the Service by calling the customer service number located in the customer service area of the Services. General e-mails and other means of notification, including notifying your credit card company or bank that you no longer wish to be a subscriber, will not serve as valid means of cancellation.
4.4 Prices, renewals. The price you pay for a Service is stipulated at the time you enroll in such Service, and are valid for your initial subscription period. H3.Group reserves the right to change the price after the initial period. Unless other arrangements have been made directly with H3.Group,
4.5 Trial subscriptions. Trial subscribers will have access to the Service for their specified trial period, at no charge, and may cancel at any time before the end of the trial period and avoid all charges. Otherwise, if you entered credit card information, your credit card will be charged at the end of the trial period to cover 12 months of subscription, and the premium (if applicable) will be sent to you once your subscription has been paid. Only one free trial subscription will be granted to the same organization in any 12-month period. H3.Group reserves the right to limit trial subscribers' ability to access certain portions of the Services or to download certain resources. H3.Group also reserves the right to cancel any trial subscription at any time during the trial.
5. Disclaimer of Warranties & Limitation of Liability
5.1 Reference; legal advice. The H3.Group sites are intended to provide useful information for members, consumers and other interested persons. Although we make every reasonable effort to ensure that the content and tools provided at these sites are useful, accurate, and current, we cannot guarantee that they will be error-free. They are not intended to constitute legal or other professional advice. The subjects we address often involve complex decisions requiring the services of competent, licensed professionals; we urge you to obtain such services before making decisions with legal and other professional implications. By using one or more of these sites, you assume all responsibility for and risk arising from your use of and reliance upon its contents, and you expressly waive any right of action that you may have against the H3.Group arising out of such use.
5.2 Your risk. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. H3.GROUP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SERVICES, OR ANY LINKS TO OTHER SITES OR SERVICES MADE AVAILABLE ON THE SERVICES.
5.3 As is. THE SERVICES, ALL TOOLS, CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5.4 Consequential damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL H3.GROUP (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, THIRD PARTY PROVIDERS, OR LICENSORS)(“H3 PARTIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, ON THE SERVICES, OR THE SERVICES THEMSELVES. IN NO EVENT SHALL THE TOTAL LIABILITY OF H3.GROUP TO YOU EXCEED THE AMOUNT PAID BY YOU TO H3.GROUP DURING THE TWELVE (12) MONTHS PRIOR TO ANY CLAIM OF INJURY OR DAMAGE.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless H3.Group (and any of its parents, subsidiaries, affiliates, directors, officers, employees, agents, distributors, Third Party Providers, and licensors (and their respective directors, officers, employees, and agents)) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. H3.Group reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
7. Third Party Content, Third-Party Providers, Advertising and Links
The Services include a number of third party providers of content, technology and other features, including the opportunity for users of the Services to purchase goods or services from third parties ("Third Party Providers"). These are provided for your convenience and are not endorsements by H3.Group. Neither H3.Group nor such Third Party Providers make any warranty concerning content, technology, goods or services provided by such Third Party Providers. You agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party providers directly, not from H3.Group.
H3.Group may terminate this Agreement and your use of the Services, or discontinue the Services, at any time. H3.Group shall have the right immediately upon notice to you to terminate your use of the Services in the event of any conduct by you which H3.Group, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.
9. Governing Law
This Agreement and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of Tennessee, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Tennessee in any and all actions, disputes, or controversies relating to this Agreement.
10. General Terms
Unless you have entered into a written contract with H3.Group or one of its divisions, this Agreement and any policies and rules posted on the Services by H3.Group constitute the complete expression of the agreement of the parties with respect to the subject matter hereof. No waiver by either H3.Group or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of H3.Group and its successors and assigns. H3.Group may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by H3.Group does not relieve you of your obligations under this Agreement.
H3.Group recognizes the importance of protecting the privacy of information provided to us. Accordingly, we strive for compliance with all federal and state privacy laws and follow industry best practices in order to best serve our community. We consider all members, subscribers, customers, registrants, conference attendees and speakers part of the H3.Group community. The following guidelines have been created to demonstrate our commitment to privacy.
11.1 Collected Information
The information we collect is gathered from several sources. These include, but are not limited to: our applications, memberships, conferences, webinars, online learning, forms/registrations, publications, subscriptions, and other electronic sources. From these sources we may collect postal addresses, e-mail addresses, telephone numbers, and/or demographic information for those individuals that volunteer such information. For each visitor to our websites, our web server automatically collects the visitor’s domain name and collect IP addresses and web site usage information from you when you visit our web sites. This information helps us evaluate how our visitors and subscribers use and navigate our web sites on an aggregated basis, including the number and frequency of visitors to each web page, and the length of their visits.
11.2 How We Use Collected Information
As part of a membership, purchase, subscription or registration agreement, members and registrants will be contacted by us through mail, e-mail, and/or phone to communicate with them about their subscription and/or registration. They will be contacted for renewal, surveys, updates concerning their account profile and special offers related to their subscription and/or registration.
We also use the information to contact them for marketing purposes and share this information with other reputable organizations to allow them to contact our subscribers and registrants. We share both individual contact and demographic information and aggregate statistics about our members with advertisers and reputable third party vendors for marketing and promotional purposes, unless otherwise specified when the information is collected. Certain information — such as your password and credit card number — is never disclosed in any form whatsoever to any outside party.
We may also collect information about you that is not personally identifiable. Examples of this type of information may include your age, gender, interests and preferences, the type of Internet browser you are using, the type of computer operating system you are using, and the domain name of the company or organizational Web site from which you were referred. This data is used to customize H3.Group’s content and advertising and to deliver better experience to our members and users.
11.3 Sharing information
We share aggregate demographic and transaction information and statistics with advertisers and other interested parties. To the extent required to provide our services, share personally identifiable information with any merchants that may offer their products and services through our online stores. For events, we on occasion share contact and demographic information with exhibitors, corporate supporters and sponsors. In some cases, a registrant can opt-out from receiving communications from these third party vendors.
We disclose information to third parties when there is reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) H3.Groups’s rights or property, other members or users of H3.Group websites or anyone else that could be harmed by such activities; and disclose that information to third parties when we believe in good faith that the disclosure is required by law or a court of competent jurisdiction; and as H3.Group continues to develop its business, we may sell or buy other businesses or assets. A buyer or successor will have access to our customer lists as this information is considered a transferable business asset.
Except as stated in this Policy, or as otherwise stated at the time that the personally identifiable information is gathered, we will not provide personally identifiable information to third parties.
H3.Group takes every precaution to protect your information from unauthorized use. When you submit sensitive information via our websites, the information is protected both online and offline. When our registration/subscription form asks for a credit card number or other sensitive information, that information is encrypted and protected with the best encryption software in the industry — SSL.
11.7 Shopping Online Stores
H3.Group is not directed to individuals under 13 years of age, and H3.Group does not intend to collect any personally identifiable information from such individuals.
11.9 Your Privacy Rights (CA Residents)
Under California’s “Shine the Light” law, CA residents have the right to request the names and addresses of any external companies with which H3.Group has shared their customer information over the past year. If you are a CA resident and wish to make a request, please contact email@example.com. You will receive a response within 30 days, as granted under the law.
11.10 Your Privacy Rights (European Residents)
H3.Group complies with the European Union’s General Data Protection Regulation (GDPR). If you wish to remove some or all of your personal data, please contact customer service 100 Winners Circle, Suite 300, Brentwood, TN 37027 800-727-5257 or via email at customerservice@H3.Group
11.11 Your Acceptance of These Terms