Terms and Conditions

 

Effective Date: May 21, 2017

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS HOSTED SOLUTION

By using this solution, you signify your assent to these Terms and Conditions in favor of GuideRight Assessments, LLC ("GuideRight").  If you do not agree to all of these Terms and Conditions, do not use this Hosted Solution. GuideRight may revise and update these Terms and Conditions at any time. Your continued usage of the GuideRight hosted solution ("Hosted Solution") will mean you accept those changes.

  1. The Hosted Solution Does Not Provide Medical Advice

The contents of the Hosted Solution, such as text, graphics, images, information obtained from GuideRight’s licensors, and other material contained on the Hosted Solution ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Hosted Solution. GuideRight does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Hosted Solution. Reliance on any information provided by GuideRight or others accessing the Hosted Solution is solely at your own risk.

GUIDERIGHT HAS NO LIABILITY OR RESPONSIBILITY TO USERS OF THE HOSTED SOLUTION OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE HOSTED SOLUTION AND ANY PERFORMANCE OR NONPERFORMANCE OF ACTIVITIES BY MEDICAL PROFESSIONALS.

  1. User Submissions

The personal information you submit to GuideRight is governed by the GuideRight Privacy Policy. To the extent there is an inconsistency between this Agreement and the GuideRight Privacy Policy, this Agreement shall govern. You agree that you will not upload or transmit any communications or content of any type to the Hosted Solution that infringe or violate any rights of any party. You understand that the Hosted Solution, through GuideRight’s third party provider, Amazon Web Services, is configured to receive and store personal health information (“PHI”), as that term is defined under the Health Insurance Portability and Accountability Act (“HIPAA”) and that GuideRight is a “Business Associate,” as that term is defined in HIPAA, of your medical professional.  

It is strictly prohibited to upload submissions of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions

  1. Use of Materials

All materials posted on the Hosted Solution are protected by the copyright laws in the United States and in foreign countries. GuideRight authorizes you to view the material on the Hosted Solution solely for your personal, noncommercial use. Any special rules for the use of certain software and other items accessible on the Hosted Solution may be included elsewhere within the Hosted Solution and are incorporated into these Terms and Conditions by reference.

Title to the materials remains with GuideRight or its licensors. Any use of the materials 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 GuideRight. All rights not expressly granted herein are reserved to GuideRight and its licensors. 

If you violate any of these Terms and Conditions, your permission to use the materials automatically terminates.

  1. Warranty Disclaimers and Limitation of Liability of GuideRight 

The use of the Hosted Solution and the Content is at your own risk.

When using the Hosted Solution, information will be transmitted over a medium, which may or may not be secure, that is beyond the control and jurisdiction of GuideRight and its suppliers. Accordingly, GuideRight assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Hosted Solution. The Hosted Solution may be subject to limitations or issues inherent in the use of the internet and electronic communications and GuideRight is not responsible for any problems or other damage resulting from such limitations or issues.

THE HOSTED SOLUTION AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. GUIDERIGHT, ITS LICENSORS, AND ITS SUBSCRIBERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, GuideRight, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, or communications provided on or through the use of the Hosted Solution or GuideRight.

  2. The satisfaction of any government regulations requiring disclosure of information on products or the approval or compliance of any software tools with regard to the Content contained on the Hosted Solution.

IN NO EVENT SHALL GUIDERIGHT, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE HOSTED SOLUTION BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE HOSTED SOLUTION OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GUIDERIGHT, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE HOSTED SOLUTION ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GUIDERIGHT, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE HOSTED SOLUTION SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED A MAXIMUM AGGREGATE CAP OF ONE HUNDRED U.S. DOLLARS ($100). GUIDERIGHT, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE HOSTED SOLUTION ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE HOSTED SOLUTION, CONTENT, OR PUBLIC AREAS (AS DEFINED BELOW). REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.

  1. Passwords

GuideRight has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your GuideRight passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your GuideRight account and password; (3) promptly inform GuideRight if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links located at the bottom of every page of our Hosted Solution. You grant GuideRight and all other persons or entities involved in the operation of the Hosted Solution the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Hosted Solution. GuideRight cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using GuideRight tools and services.

  1. Advertisements, Searches, and Links to Other Hosted Solutions

GuideRight may provide links to third-party websites and GuideRight may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. GuideRight does not recommend and does not endorse the content on any third-party websites. GuideRight is not responsible for the content of linked third-party sites, sites framed within the Hosted Solution, third-party sites provided as search results, or third-party advertisements, and does 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. GuideRight does not endorse any product, service, or treatment advertised on the Hosted Solution. 

  1. Indemnity

You agree to defend, indemnify, and hold GuideRight, 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 and Conditions.

  1. Governing Law; Jurisdiction and Venue

These Terms and Conditions are governed by the internal substantive laws of the State of Missouri, without respect to its conflict of laws principles. You expressly and irrevocably agree to submit to exclusive jurisdiction and venue of the state courts located in St. Louis County, Missouri or United States District Court for the Eastern District of Missouri expressly consent to the exercise of personal jurisdiction therein in connection with any such dispute including any claim involving GuideRight or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

  1. Severability

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

  1. Complete Agreement

These Terms and Conditions and the GuideRight Privacy Policy constitute the entire agreement between you and GuideRight with respect to the use of the Hosted Solution, and Content.

Thank you for your cooperation. We hope you find the Hosted Solution helpful. Questions or comments regarding this Hosted Solution should be submitted via U.S. mail to: GuideRight, LLC, 10854 Midwest Industrial Blvd, St. Louis, Missouri  63132