Terms Of Use

Healthcare TTU, Inc. (“Healthcare TTU”) and its subsidiaries and affiliated companies welcome you to the healthcarettu.com website (the “Healthcare TTU Web Site”). The Site is owned and operated by Healthcare TTU from its offices in Franklin, Tennessee. Healthcare TTU provides you with access to the Healthcare TTU Site, and the features and services from the Healthcare TTU Web Site such as white papers, press releases, data sheets, frequently asked questions, embedded video, postings, etc., subject to the following Terms of Use (“Terms”). Please read these Terms carefully before using the Healthcare TTU Web Site.

AGREEMENT BETWEEN USER AND HEALTHCARE TTU

The Healthcare TTU Web Site is comprised of various Web pages operated by Healthcare TTU.

The Healthcare TTU Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Healthcare TTU Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Healthcare TTU reserves the right to change the terms, conditions, and notices under which the Healthcare TTU Web Site is offered, including but not limited to the charges associated with the use of the Healthcare TTU Web Site.

LINKS TO THIRD PARTY SITES

The Healthcare TTU Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Healthcare TTU and Healthcare TTU is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Healthcare TTU is not responsible for webcasting or any other form of transmission received from any Linked Site. Healthcare TTU is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Healthcare TTU of the site or any association with its operators.

SCOPE OF USE

The Healthcare TTU Web Site is provided for your personal information and non-commercial use. The commercial use, reproduction, transmission or distribution of any information, software or other material made available through the Healthcare TTU Web Site without the prior written consent of Healthcare TTU is strictly prohibited. You agree to use the Healthcare TTU Web Site only for purposes that are lawful and permitted by the Terms. You specifically agree not to access (or attempt to access), or systematically retrieve data from, any part of the Site through any automated means (including use of scripts, bots or web crawlers). Gathering data from the Site through harvesting or automated means is strictly prohibited.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Healthcare TTU Web Site, you warrant to Healthcare TTU that you will not use the Healthcare TTU Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Healthcare TTU Web Site in any manner which could damage, disable, overburden, or impair the Healthcare TTU Web Site or interfere with any other party's use and enjoyment of the Healthcare TTU Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Healthcare TTU Web Site.

USE OF COMMUNICATION SERVICES

The Healthcare TTU Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Healthcare TTU has no obligation to monitor the Communication Services. However, Healthcare TTU reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Healthcare TTU reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Healthcare TTU reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Healthcare TTU's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Healthcare TTU does not control or endorse the content, messages or information found in any Communication Service and, therefore, Healthcare TTU specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Healthcare TTU spokespersons, and their views do not necessarily reflect those of Healthcare TTU.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO HEALTHCARE TTU OR POSTED AT ANY HEALTHCARE TTU WEB SITE

Healthcare TTU does not claim ownership of the materials you provide to Healthcare TTU (including feedback and suggestions) or post, upload, input or submit to any Healthcare TTU Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Healthcare TTU, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Healthcare TTU is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Healthcare TTU's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HEALTHCARE TTU WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HEALTHCARE TTU AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HEALTHCARE TTU WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE HEALTHCARE TTU WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

HEALTHCARE TTU AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE HEALTHCARE TTU WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HEALTHCARE TTU AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEALTHCARE TTU AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HEALTHCARE TTU WEB SITE, WITH THE DELAY OR INABILITY TO USE THE HEALTHCARE TTU WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HEALTHCARE TTU WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HEALTHCARE TTU WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEALTHCARE TTU OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HEALTHCARE TTU WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Healthcare TTU WEB SITE.

SERVICE CONTACT : PTALBERT@HEALTHCARETTU.COM

INDEMNIFICATION

You agree to indemnify and hold Healthcare TTU, its subsidiaries and affiliates, and each of their respective trustees, officers, employees, agents, contractors, partners, content providers and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (A) content you submit, post, transmit, modify or otherwise make available through the Healthcare TTU Site; (B) your use of the Healthcare TTU Web Site; (C) your violation of these Terms; or (D) your violation of any rights of another.

TERMINATION/ACCESS RESTRICTION

Healthcare TTU may terminate, limit or suspend your access to the Healthcare TTU Web Site at any time without notice to you. Grounds for such termination, limitation of access or suspension include without limitation: (A) breaches or violations of these Terms; (B) requests by law enforcement or other government agencies; (C) discontinuance or material modification to the Healthcare TTU Web Site (or any part thereof); (D) unexpected technical or security issues or problems; and/or (E) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Healthcare TTU’s sole discretion and that Healthcare TTU shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Healthcare TTU Web Site.

INTELLECTUAL PROPERTY

You acknowledge that the Healthcare TTU Web Site contains text, software, logos, slogans, photos, video, graphics, music and sound, and other content (collectively “Content”) that is protected by copyright, trademark, trade dress, patent, trade secret and/or other intellectual or proprietary rights. The Content and all rights therein is the exclusive property of Healthcare TTU or its licensors. Without limiting the generality of the foregoing, Healthcare TTU owns copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in some or all of the content original to it. You may not copy, modify, decompile, reverse engineer, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content in whole or in part without the express permission of Healthcare TTU and its licensors or as otherwise expressly permitted by applicable law. You acknowledge that you do not acquire any ownership rights in the Content by use of the Healthcare TTU Site.

You agree that all of Healthcare TTU’s and its subsidiaries’ and affiliates’ trademarks, certification marks, trade names, service marks and other Healthcare TTU logos and brand features (collectively, “Healthcare TTU Marks”) are the exclusive property of Healthcare TTU or its subsidiaries or affiliates. Without Healthcare TTU’s prior written permission, you agree not to display or use the Healthcare TTU Marks in any manner. Without limiting the generality of the foregoing, nothing herein shall be construed as granting you any rights to use any Healthcare TTU certification marks.

COPYRIGHT

Healthcare TTU respects the rights of all copyright holders and will terminate, in appropriate circumstances, users who infringe the rights of copyright holders. If you believe that your work has been copied or used in a way that constitutes copyright infringement, please provide Healthcare TTU the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act please contact Healthcare TTU at: amy.calton@healthcarettu.com

MISCELLANEOUS

a.Governing Law and Jurisdiction.

You and Healthcare TTU each agree that these Terms and the relationship between the parties shall be governed by the laws of the state of Tennessee, USA without regard to any conflict of law provisions or rules and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and Healthcare TTU, shall be brought exclusively in the courts located in Davidson County or the U.S. District Court for the Middle District of Tennessee. You and Healthcare TTU each agree to submit to the exclusive personal jurisdiction of the courts located within Davidson County or the Middle District of Tennessee, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

b. Entire Agreement.

These Terms constitute the entire agreement between you and Healthcare TTU and governs your use of the Healthcare TTU Site, superseding any prior version of these Terms between you and Healthcare TTU with respect to the Site. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.

c. Separate Agreements.

You may have other agreements with Healthcare TTU or its affiliates or subsidiaries. Those agreements are separate and in addition to these Terms. These Terms do not modify, revise or amend the terms of any other agreements you may have with Healthcare TTU.

d. No Professional Advice.

The information available on the Site is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. Use of the information on this Site is at your own risk.

e. Statute of Limitations.

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 the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

f. Waiver and Severability of Terms.

The failure of Healthcare TTU to exercise or enforce any right or provision of these Terms shall 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 the Terms remain in full force and effect.