Terms and Conditions
IMPORTANT—READ CAREFULLY: These Terms and Conditions are a legal contract between Business Health Care Group of Southeastern Wisconsin, LLC ("BHCG") and you, a BHCG member organization or entity or an employee thereof ("Member" or "you"), for access to and the use of the “Consumer Education Module Software,” which includes without limitation computer software and, as applicable, associated media, printed materials, and on-line or electronic documentation, and any textual, audio or video content thereto (collectively, the "Software"), which you will be accessing through BHCG'S website (the “Site”).
BY CLICKING THE "I AGREE" ICON BELOW, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE SOFTWARE AND EXIT NOW.
YOU WILL INDEMNIFY AND HOLD HARMLESS BHCG, AND BHCG’S EMPLOYEES, OFFICERS, AND AGENTS, FROM AND AGAINST ALL LOSSES, INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES, RESULTING FROM ACCESS OR USE OF THE SOFTWARE OR SITE BY YOU OR SOMEONE USING YOUR ACCOUNT INCLUDING WITHOUT LIMITATION FOR COPYRIGHT INFRINGEMENT.
THE SOFTWARE AND SITE ARE PROVIDED "AS IS, WHERE IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BHCG BE LIABLE FOR DAMAGES TO YOU FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SOFTWARE OR SERVICES PROVIDED HEREUNDER FOR DAMAGES OF ANY KIND. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT BHCG CORRECT THE MATTER OR, AT BHCG'S OPTION, TO DISCONTINUE USE OF THE SOFTWARE. BHCG DOES NOT WARRANT THAT USE OF THE SOFTWARE OR THE SITE WILL BE FREE OF ERRORS OR POTENTIAL INTERRUPTIONS.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY, SUCH EXCLUSIONS OR LIMITATIONS SHALL APPLY ONLY TO THE EXTENT PERMITTED BY LAW.
The Software is protected by copyright or other intellectual property rights. BHCG grants to you a non-exclusive, limited license to access and use the Software only for your internal purposes and only as necessary to use the Software as intended. You may not do any of the following: (1) take any action that imposes an unreasonable load on the Site's infrastructure; (2) use any device, software or routine to interfere or attempt to interfere with the proper working of the Software or the Site or any activity being conducted through same; (3) decipher, decompile, disassemble or reverse engineer the Software or any parts thereof; (4) frame or link to any of the materials or information within the Software or portions of the Site that are not publicly available; or (5) copy, distribute, modify, publish, publicly perform, publicly display or transmit the Software in any way, form or media, except to the limited extent necessary to use the Software as intended under this Agreement. Any other access to or use of this site or its contents is unauthorized. BHCG reserves all other rights.
Any rights granted to you hereunder terminate as soon as you are no
longer a Member or when BHCG stops offering the Software, whichever
occurs first.
By accessing or otherwise using the Software,
you represent and warrant to BHCG that you either are a member of BHCG
in good standing to whom your user name and password for this Site was
assigned by BHCG or are an employee thereof. Your password and user
I.D. are unique to you and must not be shared with any other person
outside your Member organization. You are responsible for
maintaining the confidentiality of the password and user I.D. assigned
to you.
BHCG reserves the right to deactivate or suspend your use of the
Software for any or no reason. BHCG further reserves the right to
change or modify this Agreement without notice.
You acknowledge
that the Internet is inherently insecure and provides opportunities for
third parties to access any software used or information stored
therein. While BHCG uses commercially reasonable security measures to
prevent unauthorized access by third parties to restricted areas of its
servers, please understand that information submitted via the Site
potentially could be publicly accessible. Important and private
information should be protected by you. BHCG is not liable for
the protection of information transferred through the internet or any
other network provider that you may use.
Using the Software's "Feedback" feature, you will not knowingly
submit to BHCG any of the following: (1) anything that is unlawful,
defamatory, abusive, libelous, harassing, or obscene; (2) anything that
violates the copyrights or other intellectual property rights of any
third party, or (3) any virus or other malware. BHCG reserves the right
to terminate your account, without prior notice, if BHCG determines in
its sole discretion that the information you submit falls within any of
the above categories. BHCG may delete, alter or otherwise dispose
of any such information.
The Software may contain links to,
reference to, or otherwise alert you of third-party websites or
resources. When you click any links to third-party websites, you will
be leaving the BHCG Site. Content on the linked sites is offered by a
variety of health care organizations, government agencies and other
third parties. The content of the linked sites is the responsibility of
the entity offering the site, not BHCG. Also, access to some linked
sites may require you to provided additional login or password
information which is not the same as the account information to the
BHCG site. BHCG accepts no liability for the contents, accuracy or
currency of any such resources linked to, referenced by or accessible
from the Software. BHCG does not endorse any linked or referenced
third-party resource and is not responsible for any transmission or
material received from any linked, linking or referenced resource.
BHCG assumes no responsibility, and shall not be liable, for any viral infection of your computer equipment or software, or any other types of damage in any form, on account of your access, use of or browsing in our Site or any other site, or from any information or materials obtained from any other site. You accept sole responsibility for any use of internet facilities conducted or permitted by you, including without limitation use of the Software and any negligent or illegal act or omission of you or your employees.
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Wisconsin, excluding its laws or principles relating to conflicts of laws.