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Modernhealthcare.com and its associated news products, such as Modern Healthcare's Daily Dose and Modern Healthcare Alert, (collectively referred to as "modernhealthcare.com") is a news and information service from Modern Healthcare and Crain Communications Inc ("Modern Healthcare"). By using ModernHealthcare.com, you agree to be bound by all of the terms in this Terms and Conditions agreement.

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.

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COPYRIGHT AND LIMITATIONS ON USE

The information available through modernhealthcare.com is the property of Modern Healthcare and others and is protected by copyright and other intellectual property laws. Information received through modernhealthcare.com may be displayed, reformatted and printed for your personal, noncommercial use only. Except as provided below without the prior written consent of Modern Healthcare, you agree not to:
  • 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

Due to the number of sources from which information on modernhealthcare.com is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such information and modernhealthcare.com. Modernhealthcare.com may include facts, views, opinions and recommendations of individuals and organizations deemed of interest. Modern Healthcare does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations.

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.

USER-CREATED CONTENT

By posting or submitting comments on any message or chat area, you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate this Terms and Conditions Agreement or any laws, and that it will not violate the rights of any person or entity. Modern Healthcare reserves the right to delete or edit any communications at any time, for any reason, but has no obligation to review or remove any such content. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.

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.

MISCELLANEOUS

Through your use of modernhealthcare.com, you may be provided with hyperlinks to other Internet sites or resources, including hyperlinks provided by third-party advertisers to modernhealthcare.com. Modern Healthcare has no control over those sites and resources, or over the advertising material presented by third-party advertisers through modernhealthcare.com. You agree that Modern Healthcare will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such site or resource.

Modern Healthcare may discontinue or change modernhealthcare.com, or its availability to you, at any time without notice. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. The Privacy Policy and this Terms and Conditions Agreement are, together, the complete and entire agreement between you and Modern Healthcare and supersedes any prior agreement, whether oral or written.

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. 512 to the following address:

Crain Communications Inc.
Attn: Legal Counsel
1155 Gratiot Avenue
Detroit, Michigan 48207-2913

Phone Number 313-446-6000

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