If you do not fully agree with this Terms and Conditions Agreement, do not use modernhealthcare.com. Your failure to follow this Terms and Conditions Agreement may result in termination of your access to modernhealthcare.com by Modern Healthcare, without notice and in addition to any other remedies available to Modern Healthcare.
Modern Healthcare may change the terms in this Agreement at any time. When the terms are changed, Modern Healthcare will notify you by posting a notice on modernhealthcare.com, and the changes will appear in this document. By using modernhealthcare.com after any change in the Agreement is posted, you agree to be bound by all of the changes as well.
COPYRIGHT AND LIMITATIONS ON USE
- Store, post or otherwise archive the articles or other materials from modernhealthcare.com on a personal computer, local or wide area networks, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled;
- Reproduce, retransmit, distribute, sell, publicly display, publish, post to newsgroups or electronic bulletin boards, or broadcast the information received through modernhealthcare.com to anyone, including to others in the same company or organization;
- Use any news, information, works or materials available through modernhealthcare.com (the “Content”) in competition with Modern Healthcare (whether or not such use would constitute a fair use under 17 U.S.C. § 107 or is substantially similar to the Content), including without limitation by using such Content as a principal source of a work distributed or displayed in connection with a commercial print- or web-based information source;
- Create abstracts from, scrape or display headlines from modernhealthcare.com for use on another web site or service; or
- Frame, or use other means of redirecting, modernhealthcare.com content.
You may, on an occasional basis, include insubstantial portions of information from modernhealthcare.com in memoranda, reports and presentations, but only if such memoranda, reports and presentations are distributed in paper form, for a noncommercial purpose, to a limited number of individuals. You must include in all such memoranda, reports and presentations the phrase "Reprinted with permission from Crain Communications Inc., Copyright [year of article]"
Additionally, you agree to pay and authorize Modern Healthcare to assess you licensing fees at Modern Healthcare's standard reprint pricing for your use of the Content in violation of the Copyright and Limitations of Use restrictions above.
DISCLAIMER OF WARRANTIES AND LIABILITY
Modern Healthcare AND ITS AGENTS AND LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE NEWS AND INFORMATION AVAILABLE THROUGH MODERNHEALTHCARE.COM. NEITHER Modern Healthcare, NOR ANY OF ITS AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING MODERNHEALTHCARE.COM AND ANY NEWS AND INFORMATION THROUGH MODERNHEALTHCARE.COM. IN NO EVENT WILL Modern Healthcare, ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF Modern Healthcare, ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH MODERNHEALTHCARE.COM OR THE INFORMATION IN MODERNHEALTHCARE.COM SHALL NOT EXCEED THE AMOUNT YOU PAID TO Modern Healthcare FOR USE OF MODERNHEALTHCARE.COM.
You agree to not post material that contains vulgar, profane, abusive or hateful language, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; is defamatory, threatening, false, misleading, fraudulent, unfair, contains gross exaggeration or unsubstantiated claims, or violates the privacy rights of any third party; violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation; unfairly interferes with the uninterrupted use and enjoyment of modernhealthcare.com; advertises or offers to trade any goods or services, except in areas specifically designated for such purpose; uploads copyrighted or other proprietary material of any kind without the express permission of the owner of that material; or uploads or transmits viruses or other harmful, disruptive or destructive files.
This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of Illinois governing contracts wholly entered into and wholly performed within Illinois and any action to enforce this Terms and Conditions agreement or in any manner related to modernhealthcare.com shall be brought exclusively in the federal or state courts located in Chicago, Illinois, and you agree to submit to the jurisdiction of such courts.
You shall reimburse to Modern Healthcare all of its costs, expenses and fees (including all attorney's fees) that arise from or relate to any action arising from or relating to your breach of this Agreement in which Modern Healthcare is a prevailing party.
If you believe that your work has been copied and is accessible through modernhealthcare.com in a way that constitutes copyright infringement, or that modernhealthcare.com contains a link or other reference to another online location that contains materials or activity that infringes on your copyright rights, you may notify Crain Communications Inc. by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. º 512 to the following address:
Crain Communications Inc.
Attn: Legal Counsel
1155 Gratiot Avenue
Detroit, Michigan 48207-2913
Phone Number 313-446-6000