By clicking "I Agree" below, you are agreeing, on
behalf of your individually-owned member facility organization /
multi-facility member organization, to comply with and be bound by the
terms and conditions set forth in this Acceptance Agreement
("Agreement") with respect to your access and use of our
proprietary LTC TREND TRACKER™ data collection and
reporting/benchmarking tool (the "LTCTT"). You further
agree to comply with and be bound with any other applicable terms and
conditions, including, without limitation, our Terms of Use
(http://www.ahcancal.org/about_ahca/Pages/TermsandConditions.aspx) and
Privacy Policy
(http://www.ahcancal.org/about_ahca/Pages/PrivacyPolicy.aspx), both of
which are accessible on each of our Websites and are incorporated
herein by reference. We reserve the right to revoke or deny access to
the LTCTT to anyone who has violated our Terms of Use, Privacy Policy,
and/or this Agreement. Capitalized terms that are not defined below
shall have the definitions ascribed to them in the Terms of Use. Any
discrepancies between the terms below and those set forth in the Terms
of Use shall be decided in favor of the Agreement. We, the American
Health Care Association, may be referred to herein as
"AHCA", "we", "us" or
"our", while you, the user, shall be referred to herein
as "you".
1. Use of the LTCTT is available only to individuals or entities
that can enter into legally binding contracts under applicable law. By
accessing and using the LTCTT, you represent and warrant that you are
of the legal age of majority in your jurisdiction of residence.
2. As a user of the LTCTT, you are granted a non-exclusive,
non-transferable, revocable and limited license to access and use the
LTCTT and the associated data, information, features, functions, and
content on the LTCTT that we make available to you (collectively,
"LTCTT Content") in accordance with this Agreement. AHCA
may terminate this license at any time for any reason. No part of the
LTCTT or any LTCTT Content or appurtenant thereto may be reproduced by
you in any form or incorporated into any other data collection or
reporting/benchmarking tool or any other competing or similar product,
including, without limitation, a data collection and information
retrieval system, whether electronic or mechanical. Unless using all
or any portion of the LTCTT or LTCTT Content for an AHCA or an AHCA
state affiliate-sponsored activity, you may not use, copy, emulate,
clone, rent, lease, sell, modify, decompile, disassemble, reverse
engineer or transfer all or any portion of the LTCTT or LTCTT Content
without our express prior written consent. You may not use any device,
software or routine to interfere or attempt to interfere with the
proper working of the LTCTT, and you may not take any action that
imposes an unreasonable or disproportionately large load on
AHCA's infrastructure. Unless using all or any portion of the
LTCTT or LTCTT Content for an AHCA or an AHCA state
affiliate-sponsored activity, your right to use the LTCTT and LTCTT
Content is not transferable. You expressly represent and warrant that
you will not attempt to re-identify or connect any LTCTT Content or
any other information or data you access on the LTCTT which may be in
the aggregate, non-identifiable or anonymized form to an identifiable
individual.
3. Access to the LTCTT is controlled and monitored by us through
the use of authorized user accounts and passwords. You will be
prompted to create a user account and designate a password in order to
utilize these areas. You will also be required to designate, in
writing, an account administrator to be responsible for your account,
including the assignment of privileges and reporting of unauthorized
users. Your account administrator shall be required to keep user
information current and accurate, and shall also have control over the
creation and termination of user accounts/access. If you or your
account administrator suspects fraud, a breach of the terms and
conditions herein or any other wrongdoing in connection with the
LTCTT, you and/or the account administrator shall be required to
immediately notify AHCA. You acknowledge and agree that you are
entering into this Agreement on behalf of your individually-owned
member facility organization / multi-facility member organization. You
represent and warrant that you have the authority to enter into this
Agreement on behalf of your individually-owned member facility
organization / multi-facility member organization.
4. You agree and acknowledge that your member
organization's right to use the LTCTT is contingent on its
regular submissions of the specified data that is described in the
LTCTT (e.g., facility-level monthly Medicare days by RUG category)
("Member Data"), the specifications of which may change
from time to time. You represent to us that Member Data submitted to
the LTCTT will, at all times, be current, accurate and complete, and
you will immediately notify us in writing upon discovery of any
errors associated with such materials. Regular monthly submission of
the specified Member Data is a condition to your ongoing use of the
LTCTT and other features within the LTCTT. Member organizations that
fall behind in their submission of Member Data by more than 90 days
may have their access suspended and/or terminated by AHCA.
5. AHCA does not claim any ownership rights in the Member Data
submitted by a member organization. Notwithstanding the foregoing, by
uploading or submitting Member Data, you (on behalf of your
organization) grant LTCTT the right to use Member Data for any
purpose, including, without limitation, research, commercial or
otherwise, in any media now known or later invented, in perpetuity,
without any further notification, right of approval, or compensation
being given to you (or your organization, as applicable). This
includes, without limitation, publishing Member Data in current and
future LTCTT reports, conducting policy analysis and development
initiatives in connection with the AHCA's advocacy and lobbying
efforts in the area of long term care, providing customer support and
security, and sharing the Member Data with third party consultants for
technical support and maintenance purposes. If you wish to have your
Member Data removed from LTCTT, you may request the removal by
contacting us at help@ltctrendtracker.com. Please note that removal of
your Member Data from LTCTT may impact your ability to access LTCTT
(including prohibiting your access unless and until you submit the
specified Member Data).
6. The LTCTT is the sole and exclusive property of AHCA and/or
its licensors and is protected under the intellectual property laws of
the United States, as well as any foreign laws, regulations and
international treaties that apply.
7. You may not alter, delete, obscure or conceal any copyright
or other notices applicable to the LTCTT impair or attempt to
circumvent or alter any digital rights management or other technology,
nor use the LTCTT in violation of this Agreement or any laws or
regulations.
8. You may not engage in any activity that: could or does
constitute criminal or tortuous activity or otherwise violates the law
or the rights of another; is or could be defamatory, inaccurate,
abusive, obscene, profane, offensive, sexually oriented or explicit,
threatening, harassing, or illegal or that infringes or violates
another"s rights (e.g., intellectual property rights; rights of
privacy or publicity); interferes with or disrupts the LTCTT,
including any digital rights management, intellectual property,
advertisements, promotions or security; or results in the
dissemination of any software virus, program or code, file or material
designed interrupt, disrupt, destroy or limit any features, functions
or operations of our or anyone else"s equipment, programs,
communication or other resources or facilities.
9. You are prohibited from submitting any Member Data, in the
form of a posting or otherwise, on any portion of the LTCTT, which
includes or discloses personally identifiable information, including
patient-identifiable information. We may, however, use and make
available to other users and member organizations Member Data for
research and general-informational purposes, as described above. AHCA
reserves the right, in its sole discretion, to require you and each of
its other member organization, as applicable, to execute business
associate agreements, if such instruments become necessary for
AHCA"s compliance with applicable laws. Your failure to enter
into such agreement may result in AHCA suspending and/or terminating
your access to the LTCTT.
10. The LTCTT is provided on an "as is" and
"as available" basis. All warranties, whether express
or implied are disclaimed to the fullest extent permissible pursuant
to applicable law (including, but not limited to, the disclaimer of
any warranties of merchantability, non-infringement of intellectual
property and/or fitness for a particular purpose).
11. We hereby disclaim any and all liability for harm resulting
from downloading or accessing any LTCTT Content including, without
limitation, harm caused by viruses, worms, Trojan horses or other
harmful code, to the extent permissible pursuant to applicable law.
In addition, we disclaim any and all liability that may arise in
connection with your use, submission or reliance upon Member Data. We
make no warranties that defects or errors in the LTCTT Content or
Member Data will be corrected. In addition, there are no third party
beneficiaries hereto. No advice or information, whether oral or
written, obtained by you from AHCA or through or from the LTCTT shall
create any warranty not expressly stated herein. AHCA does not and
cannot control the performance of third parties, or any possible
impairment or disruption of its LTCTT caused by such third parties.
12. If you have a dispute with us or are dissatisfied with the
LTCTT, termination of your use thereof is your sole right and
exclusive remedy, even if that right or remedy is deemed to fail of
its essential purpose. You agree we have no other obligation,
liability or responsibility to you or any other party arising from
your use of the LTCTT. Under no circumstances do we have any
obligation to refund any monies you paid us.
13. The LTCTT may provide links to other Internet websites
and/or resources. Because AHCA has no control over such third-party
websites and/or resources, you hereby acknowledge and agree that AHCA
is not responsible for the availability of such third party websites
and/or resources. Furthermore, AHCA does not endorse, and is not
responsible or liable for, any terms and conditions, privacy policies,
content, advertising, services, products and/or other materials at or
available from such third party websites or resources, or for any
damages and/or losses arising therefrom.
BY CLICKING ON THE "I ACCEPT" BUTTON BELOW YOU ACCEPT
THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.