The Healthcare Blue Book Terms of Use


Effective Date January 1, 2009

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms of Use and you agree to all of the Terms and Conditions included here in and as updated. If you do not agree to all of these Terms and Conditions of use, do not use this site!

CareOperative, LLC ("CareOperative") may revise and update these Terms and Conditions at any time in its sole discretion. Your continued usage of the CareOperative website located at www.healthcarebluebook.com ("Site,") will mean you accept those changes.

We Do Not Provide Medical Advice

THE SITE MAY OFFER HEALTH, FITNESS, AND NUTRITIONAL INFORMATION, BUT ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NOTHING AVAILABLE THROUGH ANY SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH CARE PROVIDER BECAUSE OF INFORMATION YOU RECEIVE THROUGH THE SITE. THE USE OF ANY INFORMATION PROVIDED THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.

Your use of the Site does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers or distributors. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may be provided through the Site. If you rely on any of the information provided through the Site or by our employees, employees of our suppliers or distributors, or people who contribute to the Site, you do so solely at your own risk.

Limitation on Use of Content

CareOperative authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2007, CareOperative, LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use o f certain software and other items accessible on the CareOperative Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with CareOperative or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of CareOperative. All rights not expressly granted herein are reserved to CareOperative and its licensors.

By using the Site, you agree not to reverse engineer or collect the Site’s data, databases, information formatting or other attributes of the Site content. You further agree that you will not reproduce any pricing information or other Site content in any format (electronic, printed, or other formats) for commercial or non-commercial uses.

If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Limitation of Liability

WE, OUR SUPPLIERS, AND OUR DISTRIBUTORS SHALL NOT BE LIABLE TO YOU, YOUR DEPENDENTS, YOUR AGENTS, ANYONE USING YOUR CREDENTIALS, OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR SIMILAR DAMAGES ARISING OUT OF THE SITE, INCLUDING YOUR INABILITY TO USE THE SITE. WE, OUR SUPPLIERS, AND OUR DISTRIBUTORS ALSO WILL NOT BE LIABLE FOR THE PROCUREMENT OF SUBSTITUTE SERVICES. IN NO EVENT SHALL OUR, OUR SUPPLIERS’, OR OUR DISTRIBUTORS’ CUMULATIVE LIABILITY TO YOU, YOUR DEPENDENTS, YOUR AGENTS, ANYONE USING YOUR CREDENTIALS, OR TO ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF SITE FEES, IF ANY, THAT YOU PAID DURING THE PRIOR THREE MONTHS FOR THE SERVICE AT ISSUE.

THESE EXCLUSIONS AND LIMITATIONS APPLY TO CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, UNDER ANY THEORY OF LAW, INCLUDING CONTRACT OR TORT, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR ANY DAMAGES THAT ARE NOT LIMITED BY THIS PARAGRAPH, THE SOLE AND EXCLUSIVE REMEDY FOR YOU OR YOUR DEPENDENTS FOR ANY DISPUTE WITH US, OUR SUPPLIERS, OR OUR DISTRIBUTORS IS THE CANCELLATION OF YOUR USE OF THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUPPLIERS, AND DISTRIBUTORS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

User Submissions

The personal information you submit to the Site is governed by the Site Privacy Policy. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern.

International Use

The Site is designed for and intended for United States residents using the Site within the fifty states and the District of Columbia. We make no representation that the Site is applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site from territories where the content is illegal is prohibited. If you choose to access the Site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

Advertisements, Searches, and Links to Other Sites

We may provide links to third-party websites or affiliated websites. We also may select certain sites as priority responses to search terms you enter and we may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend and do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any products advertised on the Site.

Indemnity

You agree to defend, indemnify, and hold CareOperative, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Jurisdiction

You agree that the laws of the State of Tennessee govern this contract and any claim or dispute that you may have against us, our suppliers, or our distributors, without regard to Tennessee’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us, our suppliers, or our distributors will be resolved by a court located in Williamson County, Tennessee.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF TENNESSEE OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SITE, THE SERVICE OR THIS AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF TENNESSEE FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Assignment

We may assign this contract at any time as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site if you do not wish to continue to use the Site under the new ownership. You may not assign this contract to any one else.

Trademarks

All trademarks appearing on the Site are the property of their respective owners, including, without limitation, CareOperative, LLC. No right, license or interest to such trademarks is granted by this Agreement.

Procedures for Making Claims of Copyright Infringement

We respect the intellectual property of others, and we ask our suppliers and those posting to the Site to do the same. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

  1. A description of the work that you claim has been infringed.
  2. Identification of the location where the original or an authorized copy of the copyrighted work exists. For example, the URL of the website where it is posted or the name of the book in which it has been published.
  3. Identification of the URL or other specific location on the Site where the material that you claim is infringing is located. You must include enough information to allow us to locate the material.
  4. Your name, address, telephone number, and email address.
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
  7. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.

Send notice to: info@healthcarebluebook.com
or to: Healthcare Blue Book, 330 Franklin Road Suite 135A-428, Brentwood, TN 37027

Complete Agreement

Except as expressly provided in a particular "legal notice" on the Site, these Terms of Use and the Privacy Policy constitute the entire agreement between you and CareOperative with respect to the use of the Site and Content.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Limitation of Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

About The Terms of Use

This Terms Of Use agreement was created by CareOperative, LLC the owner of the Healthcare Blue Book. It applies to the Site, www.healthcarebluebook.com, and to CareOperative, LLC.

Further Questions?

The Healthcare Blue Book welcomes questions or comments Users may have regarding this Terms of Use agreement. Please send any questions or comments to us at the following e-mail address, info@healthcarebluebook.com.