Welcome to the HealthTrust Purchasing Group, L.P. (“Healthtrust”) website. The following terms and conditions govern your use of www.healthtrustpg.com (“Site”). Such uses shall include any content and services provided throughout the Site.
Acceptance of Terms
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By accessing and browsing this Site, you acknowledge and agree, to be bound by these terms and conditions of use (the “Terms”). If you do not agree to the Terms, please exit the Site promptly. We reserve the right, at our discretion, to change, alter, modify, add, or remove any of the Terms at any time. Your continued use of the Site following a modification to the terms will signify your acceptance of such modifications.
HealthTrust grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Site. HealthTrust reserves the right to revoke this license grant at any time or deny you access to the Site.
Use of Site
You can download materials from this Site for your noncommercial, personal use, provided that you retain all copyright and other proprietary notices on such materials. No material from this Site, or any other site owned, operated, licensed, or controlled by HealthTrust may be copied, reproduced, republished, posted, transmitted, or distributed in any way, for public or commercial purposes. Use of the materials for any other purpose is a violation of HealthTrust’s intellectual property rights.
The Site uses Google Analytics. Google Analytics may record visits to this Site, including what website you came from to get here, how long you stay for, what kind of computer you’re using, and other simple, anonymous pieces of information about your visit to the Site. To opt out of Google Analytics reporting on any site, install the browser add-on available from Google: https://tools.google.com/dlpage/gaoptout/.
HealthTrustpg.com may access data from Google’s interest-based advertising or 3rd-party audience data (such as age, gender, and interests) with Google Analytics. To opt out of demographic and interest-based information in the Google network, use Google’s Ad Settings page: https://www.google.com/settings/ads
All materials on the Site are copyrighted and owned by HealthTrust and its affiliates, unless otherwise noted. The use, reproduction, and/or re-transmission of the materials without the written permission of HealthTrust is strictly prohibited. HealthTrust neither represents nor warrants that your use of materials displayed on the Site will not infringe upon the rights of third parties not owned by or affiliated with HealthTrust. The names, trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are trademarks and registered trademarks of HealthTrust and third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of HealthTrust or such third party that may own the Trademarks displayed on the Site.
Contributions to Site
HealthTrust may provide areas of the Site or links where you may post any communications, materials, ideas, suggestions, or submissions, including, but not limited to, content, creative suggestions, ideas, notes, drawings, concepts, business proposals, or other information (collectively, the “Communications”). If you transmit Communications, the Communications shall be deemed non-confidential and nonproprietary (even if you mark them “confidential” or “proprietary”). Any such Communications shall become the property of HealthTrust and may be used for any purpose. HealthTrust is free to use any ideas, concepts, know-how, or techniques contained in any Communications you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing commercial products using or based upon such information, without compensation to you. You are responsible for all Communications posted and submitted on the Site. You agree not to post any Communications that (1) you do not own or do not have the permission of the third party to use and post, (2) is unlawful, threatening, libelous, defamatory, obscene, pornographic, or that would violate any law or (3) violates and third party’s intellectual property rights. HealthTrust is not responsible or liable for the Communications posted and submitted by others. HealthTrust may remove Communications submitted for any reason at any time.
While HealthTrust uses reasonable efforts to include accurate and timely information on the Site, HealthTrust makes no representations or warranties as to the accuracy of such information. HealthTrust assumes no liability or responsibility for any errors or omissions in the content of the Site. THE MATERIALS, CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEALTHTRUST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. This section shall not affect any warranties that cannot be excluded or limited under certain jurisdictions. HealthTrust does not represent nor warrant that the Site, content, functions, content or any services obtained through the Site will be accurate, reliable, uninterrupted or error-free, that defects will be corrected, that this Site or the server that makes it available are free of viruses or other harmful components or that the Site will otherwise meet your needs. By use of the Site, you assume the entire cost of all necessary servicing, repair, or correction. HealthTrust assumes no responsibility, and shall not be liable for, any damages to, viruses or destructive code that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in healthtrustpg.com or your downloading of any information, materials, data, text, images, video, or audio from the Site.
Limitation of Liability
IN NO EVENT SHALL HEALTHTRUST, ITS AFFILIATES, SUPPLIERS OR THER THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOS RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE, ANY WEBISTES LINKED TO THIS SITE, SERVICES OBTAINED THROUGH THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT OR ANY OTHER LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HEALTHTRUST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THE SITE.
You hereby agree to indemnify, defend and hold HealthTrust and its affiliated companies, and all officers, directors, owners, agents, affiliates, licensers and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of (1) any breach of these Terms by you, (2) your use of the Site and (3) your contributions to the Site. You shall use your best efforts to cooperate with HealthTrust in the defense of any claim; provided, however, that HealthTrust reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
HealthTrust respects the privacy concerns of the users of this Site. Certain non-personal information may be recorded by the standard operation of this Site, for the purposes of aggregate statistical analysis and Site customization.
These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Nashville, Tennessee. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Unless otherwise specified herein, the information and materials on the Site are presented solely for the purpose of promoting products or services of HealthTrust, which are available in the United States, its territories and possessions. This Site is maintained and operated by HealthTrust from its offices in Nashville, Tennessee of the United States of America. HealthTrust makes no representation that the products or services promoted on the Site are available in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. No software from this site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. By downloading or using software from this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country that is subject to U.S. export restrictions. These Terms are effective until terminated by either party. You may terminate these Terms at any time by destroying all materials obtained from any and all HealthTrust Site(s) and all related documentation and all copies thereof. These terms may be terminated by HealthTrust, in HealthTrust’s sole discretion, at any time and with no notice thereof. Upon notification of such termination, you must destroy all materials obtained from this site or any other HealthTrust Purchasing Group site(s) and all copies thereof. If you would like to contact HealthTrust, please contact Corporate Communications at 155 Franklin Road, Suite 400, Brentwood, Tennessee 37027. Any attempt to violate the security of this Site is strictly prohibited. HealthTrust may assign its rights and duties under these Terms without any notification to you. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties.