By clicking “I Agree” below,
you are agreeing, to comply with and be bound by the terms and conditions set
forth in this Acceptance Agreement (“Agreement”) with respect to your access
and use of
our proprietary Data Solutions Platform (the “DSP”). You further
agree to comply with and be bound with any other applicable terms and
conditions, including, without limitation, our Terms of Use (http://www.ahcancal.org/about_ahca/Pages/TermsandConditions.aspx)
and Privacy Policy (http://www.ahcancal.org/about_ahca/Pages/PrivacyPolicy.aspx),
both of which are accessible on each of our Websites and are incorporated
herein by reference. We reserve the
right to revoke or deny access to the DSP to anyone who has violated our Terms
of Use, Privacy Policy, and/or this Agreement.
Capitalized terms that are not defined below shall have the definitions
ascribed to them in the Terms of Use.
Any discrepancies between the terms below and those set forth in the
Terms of Use shall be decided in favor of the Agreement. We, the American Health Care Association,
may be referred to herein as “AHCA”, “we”, “us” or “our”, while you, the user,
shall be referred to herein as “you”.
1. Use of the DSP is
available only to individuals or entities that can enter into legally binding
contracts under applicable law. By
accessing and using the DSP, you represent and warrant that you are of the
legal age of majority in your jurisdiction of residence.
2. As a user of the DSP, you are granted a non-exclusive,
non-transferable, revocable and limited license to access and use the DSP and
the associated data, information, features, functions, and content on the DSP that
we make available to you (collectively, “DSP Content”) in accordance with this
Agreement. AHCA may terminate this
license at any time for any reason. No
part of the DSP or any DSP Content or appurtenant thereto may be reproduced by
you in any form or incorporated into any other data collection or
reporting/benchmarking tool or any other competing or similar product,
including, without limitation, a data collection and information retrieval
system, whether electronic or mechanical.
Unless using all or any portion of the DSP or DSP Content for an AHCA or
an AHCA state affiliate-sponsored activity, you may not use, copy, emulate,
clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or
transfer all or any portion of the DSP or DSP Content without our express prior
written consent. You may not use any
device, software or routine to interfere or attempt to interfere with the
proper working of the DSP, and you may not take any action that imposes an
unreasonable or disproportionately large load on AHCA’s infrastructure. Unless using all or any portion of the DSP or
DSP Content for an AHCA or an AHCA state affiliate-sponsored activity, your
right to use the DSP and DSP Content is not transferable. You expressly represent and warrant that you
will not attempt to re-identify or connect any DSP Content or any other information
or data you access on the DSP which may be in the aggregate, non-identifiable
or anonymized form to an identifiable individual.
3. Access to the DSP is controlled and monitored by us through
the use of authorized user accounts and passwords as generated by LTC Trend
Tracker registration. If you are not
currently registered, you will be prompted to create a user account and
designate a password in order to utilize these areas. You will also be required to designate, in
writing, an account administrator to be responsible for your account, including
the assignment of privileges and reporting of unauthorized users. Your account
administrator shall be required to keep user information current and accurate,
and shall also have control over the creation and termination of user
accounts/access. If you or your account
administrator suspects fraud, a breach of the terms and conditions herein or
any other wrongdoing in connection with the DSP, you and/or the account
administrator shall be required to immediately notify AHCA. You acknowledge and agree that you are
entering into this Agreement on behalf of your individually-owned member facility organization / multi-facility member
organization. You represent and warrant that
you have the authority to enter into this Agreement on behalf of your individually-owned member facility organization /
multi-facility member organization.
4. The DSP and the products it hosts are the sole and exclusive
property of AHCA and/or its licensors and
is protected under the intellectual property laws of the
United States, as well as any foreign laws, regulations and international
treaties that apply.
5. You
may not alter, delete, obscure or conceal any copyright or other notices applicable to the DSP impair or
attempt to circumvent or alter any digital rights management or other
technology, nor use the DSP in violation of this Agreement or any laws or
regulations.
6. You
may not engage in any activity that: could or does constitute criminal or tortuous
activity or otherwise violates the law or the rights of another; is or
could be defamatory, inaccurate, abusive, obscene, profane, offensive,
sexually oriented or explicit, threatening,
harassing, or illegal or that infringes or violates
another’s rights (e.g., intellectual property rights; rights of privacy or
publicity); interferes with or disrupts the DSP, including any digital rights
management, intellectual property, advertisements, promotions or security; or
results in the dissemination of any software virus, program or code, file or
material designed interrupt, disrupt, destroy or limit any features, functions
or operations of our or anyone else’s equipment, programs, communication or
other resources or facilities.
7. You are prohibited from submitting any Member Data, in the
form of a posting or otherwise, on any portion of the DSP, which includes or
discloses personally identifiable information, including patient-identifiable
information. We may, however, use and
make available to other users and member organizations Member Data for research
and general-informational purposes, as described above. AHCA reserves the right, in its sole discretion, to
require you and each of its other member organization, as applicable, to
execute business associate agreements, if such instruments become necessary for
AHCA’s compliance with applicable laws.
Your failure to enter into such agreement may result in AHCA suspending
and/or terminating your access to the DSP.
8. The DSP is provided on an “as is” and “as
available” basis. All warranties,
whether express or implied are disclaimed to the fullest extent permissible
pursuant to applicable law (including, but not
limited to, the disclaimer of any warranties of merchantability,
non-infringement of intellectual property and/or fitness for a particular
purpose).
9. We hereby disclaim
any and all liability for harm resulting from downloading or accessing any DSP Content including, without limitation, harm caused by viruses,
worms, Trojan horses or other harmful code, to the extent permissible pursuant
to applicable law. In addition, we
disclaim any and all liability that may arise in connection with your use,
submission or reliance upon AHCA analytic products, DSP content, or Member Data.
We make no warranties that defects or
errors in the DSP Content or Member Data will be corrected. In addition, there are no third party
beneficiaries hereto. No advice or
information, whether oral or written, obtained by you from AHCA or through or
from the DSP shall create any warranty
not expressly stated herein. AHCA does
not and cannot control the performance of third parties, or any possible
impairment or disruption of its DSP caused by such third parties.
10. If you have a dispute
with us or are dissatisfied with the DSP, termination of your use thereof is
your sole right and exclusive remedy, even if that right or remedy is deemed to
fail of its essential purpose. You agree
we have no other obligation, liability or responsibility to you or any other
party arising from your use of the DSP.
Under no circumstances do we have any obligation to refund any monies
you paid us.
11. The DSP
may provide
links to other Internet websites and/or resources. Because AHCA has no control over such
third-party websites and/or resources, you hereby acknowledge and agree that
AHCA is not responsible for the availability of such third party websites
and/or resources. Furthermore, AHCA does
not endorse, and is not responsible or liable for, any terms and conditions,
privacy policies, content, advertising, services, products and/or other
materials at or available from such third party websites or resources, or for
any damages and/or losses arising therefrom.
YOU ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.