Terms of Use.
PLEASE REVIEW THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND CONTAIN A MANDATORY ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION REMEDIES.
These Terms of Use (these “Terms”) form a binding legal agreement between Rebel Health Inc. d/b/a ARCHANGELS and The Joint Commission together (the “Partners”), and you regarding the use of the Care Badge website (the “Website”). By registering an account or otherwise accessing or using the Website, you agree to be bound by these Terms. We may update these Terms from time to time in our discretion. By using the Website after a new version of these Terms have been posted, you agree to the terms and conditions of such version of these Terms. If you do not agree to these Terms, you must immediately cease your use of the Website.
Content; Ownership and License
“Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials or content that are displayed, used, or otherwise incorporate into the Website. All Content is owned by the Partners or our third-party licensors and is protected by applicable copyright, trademark, and/or other intellectual property laws. Nothing contained on the Website should be construed as granting any license or right to use any of the Content without the Partners written permission. Subject to your continued compliance with these Terms, the Partners hereby grant you a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Website and Content for your personal use. Any use of the Content (including Partners names, logos, and trademarks) will inure to the Partners benefit.
If you provide feedback, suggestions, improvements, or requests for additional functionality (collectively, “Feedback”), you grant us an unrestricted, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, display, perform, modify, transmit, distribute, and create derivative works of such Feedback in any way we deem reasonable, without any attribution or accounting to you. This paragraph will survive any termination or expiration of these Terms.
Third Party Content/Websites
Information and services may be provided outside this website as a benefit and service in furtherance of the Partners' mission. The Partners make no warranties or representations about the suitability of this information and these services for any particular purpose.
There are links and pointers to third party websites or content contained within the websites. These sites or content referenced or linked from the websites may not be under the Partners control. The Partners do not assume any responsibility or liability for any information, communications or materials available at such linked sites or content, or at any link contained in a linked site or third party content. Each individual site has its own set of policies with regard to information contained within the site. You assume sole responsibility for use of third party content, links, and pointers.
Although this site includes links providing direct access to other internet sites, the Partners have not participated in their development and do not monitor or exert any editorial control over these sites. Further, any such linkages do not constitute an endorsement by Partners of products and services appearing on other websites.
By accessing links or references within the websites, you assume all risks associated with the use of this site, including any risk to user's computer, software or data being damaged by virus or malware, software, or any other file which might be transmitted or activated via the websites or your access to it. The Partners shall not in any event be liable for any direct, indirect, punitive, special, incidental, or consequential damages, including, without limitation, lost revenues, or lost profits, arising out of or in any way connected with the use or misuse of the information or lack of information on the Partners websites or with the delay or inability to use this web site, or from any information, documents, services, software, or other material obtained through this web site, or otherwise arising out of the use of the websites, whether based on contract, tort, strict liability or otherwise, even if the Partners and/or any of its employees/affiliates has been advised of the possibility of damages. The Partners shall not be liable for any loss or injury caused in whole, or in part, by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user's decision, or action taken or not taken in reliance upon information furnished.
Disclaimers
Services and products offered through the Website are provided independently and without consideration of Joint Commission accreditation or certification services or any efforts by an organization to attain or retain such accreditation or certification. This Website and the offerings provided through the Website are not an official Joint Commission standards based certification product and does not serve as a substitute for your responsibilities to patients, visitors, and staff. The Partners make no representations about the effect the Care Badge has, if any, on the quality of care and treatment of individuals or the actual outcomes of patient care provided by you and is based on your assertions and information provided by you. Should you misinform or mislead the Partners then your license to use the Content will be revoked at the sole discretion of the Partners.
You agree that the Care Badge does not create a warranty of compliance with any obligations you have as a healthcare provider and is not a substitute for any applicable professional license maintenance, self-monitoring, training, continuing education, and/or other required assessments of the quality and safety of care provided by you. Unless indemnification is prohibited by law, you agree to indemnify and hold harmless [INSERT TERM], its Commissioners, officers, agents, employees and member organizations from any and all professional liability claims of third parties arising for damages incurred during related to the the Content. [ES1]
YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PARTNERS AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THE CONTENT WILL BE COMPLETE OR ACCURATE. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY ELECTRONIC NETWORK OR LINES, SERVERS, SOFTWARE, OR FAILURE OF TRANSMISSION AS A RESULT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON'S COMPUTER RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE, CONTENT, OR FROM THE CONDUCT OF ANY USERS OF THE WEBSITE OR OTHER THIRD PARTIES. SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE PARTNERS, THEIR COMMISSIONERS, OFFICERS, AGENTS, EMPLOYEES AND MEMBER ORGANIZATIONS NOR THEIR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE, UNDER ANY LEGAL THEORY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE). TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE PARTNERS, THEIR COMMISSIONERS, OFFICERS, AGENTS, EMPLOYEES AND MEMBER ORGANIZATIONS NOR THEIR LICENSORS WILL BE LIABLE TO YOU FOR AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF $100 USD OR THE AMOUNTS PAID BY YOU TO THE PARTNERS IN THE PAST THREE MONTHS. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE WEBSITE IS TO DISCONTINUE YOUR USE THEREOF.
Termination
The Partners reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice. Your right to use the Website and Content will automatically terminate if you breach these Terms. Termination will not relieve either party from any obligations incurred or arising prior to such termination, and those sections of these Terms which are by their nature intended to survive termination (including, without limitation, the disclaimers, limitation of liability, indemnity, and general clauses) shall so survive.
Dispute Resolution; Mandatory Arbitration, Waiver of Jury Trial and Class Action
THE PARTIES AGREE THAT ANY DISPUTES ARISING IN CONNECTION WITH THE WEBSITE OR THESE TERMS WILL BE EXCLUSIVELY RESOLVED IN BINDING ARBITRATION USING THE DISPUTE RESOLUTION PROCEDURES CHOSEN BY THE PARTNERS. NOTWITHSTANDING THE FOREGOING OBLIGATION TO ARBITRATE DISPUTES, EACH PARTY SHALL HAVE THE RIGHT TO PURSUE INJUNCTIVE OR OTHER EQUITABLE RELIEF AT ANY TIME, FROM ANY COURT OF COMPETENT JURISDICTION.
THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN CLASS-ACTION PROCEEDINGS.
Force Majeure
We will not be responsible or liable for any delays or failures to perform due to causes beyond our reasonable control, which may include natural disasters, terrorist attacks, criminal activity, failure of internet or communications networks, health emergencies including pandemics or similar serious outbreaks of disease, or other force majeure events.
General
Some of the Website’s features and services may be limited or unavailable to users who are not residents and/or citizens of the United States. You may not assign these Terms or these rights and obligations without our prior written consent; any purported assignment in violation of these Terms will be null and void. If any provision of these Terms is determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms shall not be affected thereby and shall remain in force and effect. These Terms and any policies referenced herein constitute the entire agreement between the parties regarding the subject matter thereof and supersede any prior or contemporaneous agreements with regards to such subject matter. A party's failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. You must provide notice to us by emailing us at info@archangels.me. We may provide notice to you by email or regular mail at the address listed in your account profile, or through messages displayed or sent via the Website.