Effective Date: March 31, 2018
GENERAL USE RESTRICTIONS
All information, documents, products, software and services provided on the Site, including trademarks, logos, graphics and images (the "Information") are provided to you by the LO or its licensors. OFM shall own all right, title and interest to the Information contained on the Site. You acknowledge that, except as expressly stated herein, you have no right, title or interest in or to this Information.
The LO grants you the limited right to display the Information on your personal computer, and to copy and download the Information on the Site, provided that both the WA-APCD copyright notice (set forth below) and this permission notice appear along with the Information so displayed, copied or downloaded. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Information in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Information.
ACCURACY OF INFORMATION
The LO, in its role as WA-APCD Administrator, is committed to making timely and accurate claims-based Information on health care utilization, cost, and quality publicly available, but makes no guarantee regarding the accuracy or completeness of the Information provided through the Site. Information available through the Site reflects health care claims data submitted in accordance with state law. No guarantee regarding the completeness of the health care claims data submitted to the WA-APCD, nor its representativeness with respect to the insured population of Washington state, or elsewhere, is either made or implied. The LO is not responsible for any errors, omissions or other discrepancies.
THIRD PARTY CONTENT
Certain materials and content may be provided by third parties (the "Third Party Content" or “Content”) to the LO in its role as WA-APCD Administrator. Such Third Party Content may be, in each case, the copyrighted work of the creator/licensor. THE LO DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. You agree to only
display the Third Party Content on your personal computer solely for your personal or internal business use, unless expressly approved by the LO in writing. You acknowledge and agree that you have no right to download, cache or display any of the Content except as set forth in this Agreement. You further acknowledge and agree that you have no right to reproduce, modify, edit, alter or enhance any of the Third Party Content in any manner.
Without the prior written consent of the LO, you may not use any of WA-APCD’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to: 1) imply affiliation with or endorsement or sponsorship by the LO; 2) cause confusion, mistake, or deception; 3) dilute WA-APCD's trademarks or service marks; or 4) otherwise violate state or federal law.
You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Information or Third Party Content contained on or accessible from the Site on any other server or Internet- based device without the advance written authorization of the LO or its licensors, respectively.
LINKS TO EXTERNAL WEBSITES
You agree not to use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. You further agree not to use automated scripts to collect Information from or otherwise interact with the Site.
You acknowledge that unauthorized use of Information or Third Party Content contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions.
All marks designated as such are trademarks of the WA-APCD in the United States and other countries. All other marks, names, and logos mentioned herein are the property of their respective owners. You may not remove or alter any trademark. You may not use any trademark displayed on the Site without the express prior written permission of the LO, or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel, or otherwise any right to use such trademarks.
All information and screens appearing on the Site including documents, products, software and services, graphics, text elements, website design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole copyrighted property of WA-APCD unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
The LO and OFM respect the intellectual property of others, and we ask Site users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement and appears on our website, please provide WA-APCD’s Copyright Agent the following information in accordance with the Digital Millennium Copyright Act (DMCA):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- 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;
- 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 authorized to act on the copyright owner's behalf.
The WA-APCD's Copyright Agent for notice of claims of copyright infringement on the website is:
Postal Address: CHSE, 3181 S.W. Sam Jackson Park Road, Mail Code MDY-CHSE, Portland, OR 97239
Telephone: (503) 494-1454
MODIFICATION OF AGREEMENT & NOTIFICATION
You agree that the LO may change this Agreement from time to time, at its sole discretion, and without notice. We may place a notice on our website, or in other locations the LO deems reasonable, to alert you to certain changes such as modifications to this Agreement.
CONTINUITY OF SERVICE
The LO, in its role as WA-APCD Administrator, is committed to maintaining the accuracy and timeliness of Information and Third Party Content available through the Site, but makes no promise or warranty to maintain or update this Information or Content. The LO, at its sole discretion, may suspend or discontinue this service at any time, or it may elect to charge a fee for certain types of Site access or use, where not otherwise restricted by law.
ASSUMPTION OF RISK & INDEMNITY
Information and Third Party Content made available through the Site is intended solely for your personal use. Users of information made available through the Site assume all risks of the use or reliance on such information. The LO and OFM, its employees, partners and agents shall not be held liable for any damages for viewing, distributing or copying of the Information or Third Party Content made available to the public on the Site.
You agree to indemnify and hold the LO or OFM, its licensors, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) made by any third party arising out of or in connection with your breach of this Agreement or your violation of any law or the rights of a third party.
DISCLAIMER OF WARRANTIES
You acknowledge and agree that the Site may include certain errors, omissions, or outdated materials which may affect the quality of the Information and the Third Party Content. You acknowledge that neither the Information nor the Third Party Content have been independently verified or authenticated in whole or in part by the LO, and agree that the LO does not warrant the accuracy or timeliness of the Information or the Third Party Content, and further agree that the LO has no liability for any errors or omissions in the Information and the Third Party Content, whether provided by the LO, OFM or its licensors.
THE LO and OFM, FOR ITSELF AND EACH OF ITS LICENSORS, MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR THIRD PARTY CONTENT CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR THIRD PARTY CONTENT CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LO AND OFM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR THIRD PARTY CONTENT CONTAINED ON THE SITE. IN NO EVENT SHALL THE LO or OFM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF THE LO OR OFM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose.
Our failure to exercise or enforce any right or provision of this Agreement, or any failure to act with respect to a breach, shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall strike such provision and the other provisions of this Agreement shall remain in full force and effect.
Section titles in this Agreement are for convenience only and have no legal or contractual effect.
This Agreement sets forth the entire understanding and agreement between you and the LO and OFM with respect to the subject matter herein. Provisions regarding Limitation Liability, Disclaimer of Warranties, and Assumption of Risk & Indemnity shall survive any termination or expiration of this Agreement.