Terms of Service
Date of Last Revision: October 21, 2014
Genesis Health Outcomes Research Corp (“GENESIS,” “we,” “us,” or “our”) provides its services to you through its website located at http://www.genesishealthoutcomes.com/ (the “Site”).
These Terms of Service (the “Terms”) govern your access to and use of our Site. The Terms are a legal contract between you and GENESIS, so it is important that you review them carefully before using our Site.
Your use of our Site indicates that you agree to follow and be bound by the Terms.
Changes to the Terms
We reserve the right, at our sole discretion, to change the Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will notify you of material changes, either through our Site, in an email notification, or through other reasonable means. Your continued use of our Site after the date any such changes become effective constitutes your acceptance of the new Terms.
Please note that when using certain services, you will be subject to any additional terms applicable to such services that may be posted on our Site or otherwise made available through our Site from time to time.
Access and Use of Our Site
Modifications to Site: GENESIS reserves the right to modify or discontinue, temporarily or permanently, our Site (or any part thereof) with or without notice.
Mobile Site: Our Site may include certain services that are available via a mobile device, including (i) the ability to upload content to our Site via a mobile device and (ii) the ability to browse our Site from a mobile device (collectively, the “Mobile Site”). To the extent you access our Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Site may be prohibited or restricted by your carrier, and not all aspects of the Mobile Site may work with all carriers or devices. By using the Mobile Site, you agree that we may communicate with you regarding GENESIS by electronic means and that certain information about your usage of the Mobile Site may be communicated to us.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that you upload, post, publish, transmit (including by email), or display (collectively, “Upload”) via our Site or otherwise Upload to GENESIS. The following are examples of the kind of Content and/or use that is illegal or prohibited by GENESIS. You agree to not use our Site to:
(a) Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, reflects animus towards any race, ethnicity, gender or sexual orientation, or is otherwise objectionable; or (vii) in the sole judgment of GENESIS, is objectionable or which restricts or inhibits any other person from using or enjoying our Site, or which may expose GENESIS or its users to any harm or liability of any type; (b) interfere with or disrupt our Site or servers or networks connected to our Site, or disobey any requirements, procedures, policies or regulations of networks connected to our Site; (c) violate any applicable local, state, national or international law, or any regulations having the force of law; (d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) solicit personal information from anyone under the age of 18; (f) harvest or collect email addresses or other contact information of other users from our Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; (h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or (i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through our Site.
Commercial Use: Our Site is for your personal and non-commercial use. Unless otherwise expressly authorized in these Terms or otherwise authorized in writing by us, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of our Site, use of our Site, or access to our Site, including in each case any content contained therein, other than your own Feedback (as defined below) that you legally upload to our Site.
GENESIS reserves the right to investigate and take appropriate legal action against anyone who, in GENESIS’s sole discretion, violates these Terms, including without limitation, removing the offending content from our Site, suspending or terminating the access of such violators to our Site and reporting violations to the law enforcement authorities.
Intellectual Property Rights
Site Content, Software and Trademarks: You acknowledge and agree that our Site may contain content or features (“Service Content”) protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by GENESIS, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our Site or any Service Content, in whole or in part, except that the foregoing does not apply to your own Feedback (as defined below) that you legally upload to our Site. You may not access our Site through robots, scraping tools or similar data-gathering or extraction methods.
The technology and software underlying our Site or distributed in connection with them is the property of GENESIS, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by GENESIS.
The GENESIS name and logos are trademarks and service marks of GENESIS (collectively the “GENESIS Trademarks”). Other company, product, and service names and logos used and displayed via our Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to GENESIS. Nothing in these Terms or our Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of GENESIS Trademarks displayed through our Site, without our prior written permission in each instance. All goodwill generated from the use of GENESIS Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will GENESIS be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that GENESIS does not have a duty to pre-screen content, but that GENESIS and its designees will have the right in their sole discretion to refuse or remove any content that is available via our Site. This includes the right to remove any content that violates these Terms or is deemed by GENESIS, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Feedback Transmitted Through Our Site:
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information about our Site (“Feedback”), provided by you to GENESIS is non-confidential, and GENESIS will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that GENESIS may preserve content and may also disclose Feedback or content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of GENESIS, its users and the public. You understand that the technical processing and transmission of our Site, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: GENESIS respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, on our Site or otherwise within our Site, you should notify GENESIS of your infringement claim by using the contact information set forth below.
Third Party Websites
Our Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet. GENESIS has no control over such sites and resources and GENESIS is not responsible for and does not endorse such sites and resources.
Special Notice for International Use; Export Controls: Any software available in connection with our Site and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded as part of our Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of our Site, including as it concerns online conduct and acceptable content.
Indemnity and Release
You agree to release, indemnify, and hold harmless GENESIS, and its officers, employees, directors, members, and agents from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of our Site, any Content, your connection to our Site, your violation of these Terms, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GENESIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GENESIS MAKES NO WARRANTY THAT (I) OUR SITE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GENESIS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GENESIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SITE OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; OR (V) ANY OTHER MATTER RELATING TO OUR SITE OR CONTENT. IN NO EVENT WILL GENESIS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GENESIS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US$100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITE.
At GENESIS’s or your election, all disputes, claims, or controversies arising out of or relating to these Terms or our Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in New York City before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in these Terms. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
GENESIS may terminate these Terms for any reason at any time. GENESIS reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of our Site, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination.
These Terms constitute the entire agreement between you and GENESIS and govern your use of our Site, superseding any prior agreements between you and GENESIS with respect to our Site. These Terms will be governed by the laws of the State of New York without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and GENESIS agree to submit to the personal and exclusive jurisdiction of the local and federal courts located within Manhattan, New York City.
The failure of GENESIS to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
GENESIS may assign or transfer this Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. We may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on our Site.
Questions? Concerns? Suggestions?
Please contact us through our “Contact Us” page to report any violations of these Terms or with questions regarding the Terms or our Site.