Corathers Health Consulting
Medical Market Insight Initiatives ● Provider Perception Research ● B2B Services

 

Terms Of Use

WEBSITE TERMS OF USE

Corathers Health Consulting, LLC

Posted Date: September 27, 2016

This website terms of use agreement is a web page that represents a legal document for the Corathers Health Consulting website. By using our Website, you agree to fully comply with and be bound by this agreement each time you use our Website. Please read carefully this agreement and our Website Privacy Policy. If you do not agree to the Website Terms of Use and Website Privacy Policy, you must immediately terminate your use of our Website.

Definitions

The terms “us”, “we”, and “our” refer to Corathers Health Consulting, LLC (“Company”).

Corathers Health Consulting is the owner of the website: www.corathers.com (“Website”).

All text, information, graphics, design, and data offered through our Website, are collectively known as “Content”.

Acceptance of Agreement

This agreement is between you and our Company.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, BROWSING, OR ANY COMBINATION THEREOF, OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BEING BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, BROWSE, OR ANY COMBINATION THEREOF, OUR WEBSITE FURTHER.

Except as otherwise noted, this agreement constitutes the entire and only agreement between you and our Company and supersedes all other agreements, representations, warranties, and understandings with respect to our Website and the subject matter contained herein.  However, in order for you to use our Website you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this agreement unless otherwise stated.

Privacy Policy

Our Website Privacy Policy is considered part of this agreement and available on our Website. You must review our Website Privacy Policy.  If you do not accept and agree to being bound by all of the terms of this agreement, including the Website Privacy Policy, do not use our Website.

Arbitration

Any legal controversy or claim arising from or relating to this Agreement, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, or our business activities, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration will be conducted in Morgantown, West Virginia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Morgantown, West Virginia necessary to protect the rights or property of you and us pending the completion of arbitration. Each party will bear a half of the arbitration fees and costs.

Choice of Law and Jurisdiction

This Agreement will be treated as if it were executed and performed in Morgantown, West Virginia and will be governed by and construed in accordance with the laws of the state of West Virginia without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Limited License

Our Company grants you a nonexclusive, nontransferable, revocable license to access and use our Website strictly in accordance with this agreement. Your use of our Website are solely for internal, personal, noncommercial purposes, unless otherwise provided in this agreement. No printout or electronic version of any part of our Website may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website and Content .

Our Relationship to You

This agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and our Company.

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of our Company.

Content, as found within our Website, is protected under United States and foreign copyrights. Copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website does not grant you any ownership rights to our Content.

Content Disclaimer

The Content is not intended to malign any religion, ethnic group, club, organization, company, individual, belief, idea, or object. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. We reserve the right to make alterations or deletions to the Content at any time without notice.

Errors, Corrections, and Changes

We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or Content of our Website at any time. We reserve the right in our sole discretion to edit or remove any documents, information, or other Content appearing on our Website.

Financial, Legal, and Other Advice Disclaimer

You hereby acknowledge that nothing contained in our Website constitutes any financial, investment, legal, or other professional advice.  You hereby agree that you will not make any financial, investment, legal, or other decision based in whole or in part on anything contained in our Website. Nothing contained in our Website creates a professional relationship of any kind between you and our Company.

Warranty Disclaimer

Our Company is not responsible for the online or offline conduct including commenting, postings, adaptions, alterations, or annotations on our Website or in connection with our Website or Company by any user of our Website.

Our Website may be temporarily unavailable from time to time for maintenance or other reasons. Our Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of any content.

Our Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, or any combination thereof, including injury or damage to users or to any other person’s computer, mobile phone, or other hardware or software related to or resulting from using or downloading materials in connection with our Website, including without limitation any software provided through our Website.

Under no circumstances will our Company be responsible for any loss or damage, including any loss or damage or personal injury or death resulting from anyone’s use of our Website, or any interactions between users of our Website, whether online or offline.

Our Company reserves the right to change any Content, software, and other items used or contained in our Website at any time without notice. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply any endorsement or recommendation by or sponsorship or affiliation with, our Website, third parties, or any of the equipment or programming associated with or utilized by our Website or Company.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

OUR COMPANY, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE. OUR COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE OR SERVICES. OUR COMPANY DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO, RELATED SERVICES AND SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO, RELATED SERVICES AND SOFTWARE IS DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OF OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OUR COMPANY. OUR WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

Our Company, as well as all our affiliates, will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website, (d) your use of our Website or our Content, (e) the Content contained on our Website, or (f) any delay or failure in performance of our Website beyond our control.

IN NO EVENT WILL OUR COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO, RELATED SERVICES AND SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE, EVEN IF OUR COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR OUR WEBSITE ACCESSED DURING THE MONTH PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website in any manner consistent with our Website Privacy Policy.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses, and traffic information.

Links to Other Websites

Our Website may from time to time contain links to third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the any or all services, information, content, or data of such third party websites.
Our Company has no control over the legal documents and privacy practices of third party websites; you access any third party websites at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this agreement or use of our Website.

Severability and Survival

Should any part of this agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this agreement, this agreement will take precedence. Our failure to enforce any provision of this agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this agreement will survive any termination of this agreement.

Changes to Our Website Terms and Conditions

We reserve the right to change our Website Terms and Conditions at any time. We will provide notice of such changes and post our changed Website Terms and Conditions on our Website. Your continued use of our Website after any change to this agreement will constitute your acceptance of such change. If you do not agree with the changes to our Website Terms and Conditions, you can choose to discontinue the use of our Website.

Questions about Our Website Terms and Conditions

If you have any questions about our Website Terms and Conditions, please contact us using our contact information found on this website.  (Corathers Health Consulting, LLC, 119 Northwoods Drive, Morgantown, WV 26508).

Copyright © 2016 Corathers Health Consulting.  Licensed portions of the Website Terms and Conditions Copyright © Orion Systems. This document nor any portion may not be copied or duplicated without
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