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For Provider Synergies, LLC Web Site
SITE ACCESS AND USE TERMS - PRIVACY TERMS
Thank you for visiting the Provider Synergies, L.L.C. ("Provider") Web Site (the "Site"). In light of the complexities governing the use and operation of web sites, we have set forth below a series of Access and Use Terms ("SATS") that apply to your access to and use of the Site. Compliance with and acceptance of the SATS are required in order for you to have access to and use of the Site. Please read the SATS very carefully. We hope that you will understand that, in the complex legal world of the internet, access and use terms are required. We have also included below, as part of the SATS, an identification of Provider's agent for receipt of notice regarding copyright claims and other communications regarding the Site. If you do not agree with or do not accept any of the SATS, please immediately exit the Site and refrain from further access.
Thank you for your understanding. We hope that you enjoy the Site and find it useful. Also, please keep in mind that information provided on this site and via linked sites is not for the purposes of seeking or encouraging investment unless specifically designated as such. Also, the Site Contents do not comprise medical advice or the provision of medical services, nor are they intended to be substitutes for independent medical evaluations or research.
1. LIMITED LICENSE
As described below, your compliance with the SATS provides a limited, terminable license regarding access to and use of the Site Contents. "Site Contents" or "Contents" means images, text, information, sounds, interactive features, links, and other features of the Site. "Site Code" means any and all underlying elements of the Site, including, but not limited to source code, object code, and other sets of statements or instructions that relate to the operation or functions of the Site.
2. OWNERSHIP OF TRADEMARKS, COPYRIGHTS AND OTHER PROPRIETARY RIGHTS
All trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in or associated with the Site, the Site Contents, and Site Code are the properties of Provider, its owner(s) or its licensors. Nothing in these SATS or any Site Contents shall convey an ownership interest or a non-terminable license in any trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in or associated with the Site, the Site Contents, and Site Code.
3. SUBMISSIONS AND USER GRANT OF LICENSE
Provider is pleased to hear from its customers and Site users. We welcome your input. However, due to legal requirements, we cannot provide compensation for, agree to consider, or agree in advance to keep confidential, any submission of creative ideas, disclosures of inventions, other disclosures of potentially useful information, or submissions of any other content. In order to avoid confusion and unmanageable situations, all content submitted by you via the Site or through any contact information provided in the Site (e.g., addresses, e-mail addresses, telephone numbers, links) is provided with a paid-up, perpetual, non-exclusive license, effective everywhere, to Provider to consider, retain, copy, use, publish, modify, disclose and otherwise exploit the expression, concepts, and information in the content, at Provider's sole discretion. Provider does not, however, engage in the practice of selling Site users' identifying information to third parties. Provider may, in its sole discretion, determine that the submission and its contents should be kept confidential. Any or all of these license rights can be assigned and sublicensed by Provider and they apply to all manner of copying, display, distribution, transmission, storage, recording or other media or means of exploitation now known or hereafter invented. If any applicable law, judicial decision or regulatory requirement restricts or limits the provisions of this paragraph, Provider's liability, if any, will be limited in accordance with THE LIMITATION OF LIABILITY terms in Section 7 of these SATS.
4. FORWARD-LOOKING STATEMENTS
Some of the statements contained on this website constitute forward-looking statements. These statements relate to future events or our future financial performance and involve known and unknown risks, uncertainties and other factors that may cause our businesses or our industry's actual results, levels of activity, performance or achievements to be materially different from those expressed or implied by any forward-looking statements. Such statements include, in particular, statements about our plans, strategies, prospects, changes and trends in our business and the markets in which we operate. In some cases, you can identify forward-looking statements by terminology such as "may," "will," "could," "would," "should," "expect," "plan," "anticipate," "intend," "believe," "estimate," "forecast," "predict," "propose," "potential," "continue" or the negative of those terms or other comparable terminology. These statements are only predictions. Factors that may cause our actual results to differ materially from those expressed or implied by the forward-looking statements include, among others: risks associated with our indebtedness and debt service; performance of our business and future operating results; risks related to our acquisition strategy and integration of acquired businesses;
You should not place undue reliance on these forward-looking statements, which speak only as of the date of such statements. We disclaim any obligation to update or revise these forward-looking statements to reflect events or circumstances after the date of such statements or to reflect the occurrence of unanticipated events, except as may be required by law.
5. PUBLIC COMMUNICATIONS, FORUMS AND INTERACTIVE FEATURES
As a convenience to visitors of the Site, Provider may provide from time to time, at its sole discretion, one or more chat areas, message boards, e-mail functions, contact information, polls, surveys, and other features for use by visitors to the Site. Such features are referred to herein as "Visitor Features."
Provider may, in its sole discretion without advanced notice, discontinue provision of any Visitor Features to any or all Site visitors and may, in its sole discretion, remove any content provided by a Site visitor. Users of Visitor Features are bound by and must comply with the SATS, and must agree not to do the following:
Provider hopes that all of those who use and have access to the Site will follow the SATS and otherwise conduct themselves properly. However, Provider cannot be responsible for monitoring, verifying or substantiating content or code provided by third-party users of the Site. Therefore, you agree that Provider shall not be liable for any breach of the SATS by third parties or for other injurious behavior engaged in by third parties who use or gain access to the Site.
Unless expressly stated otherwise by Provider, Provider does not necessarily control sites that may be linked to or from the Site. Provider cannot monitor or otherwise evaluate such sites, and Provider is not responsible for any of their contents, features, codes, underlying materials, terms of access or privacy policies. Even if you are linked to a web page other than the front page of the linked site, you are responsible for checking that site's terms and conditions of access and use, as well as the site's privacy policies. Materials on other sites may be subject to proprietary rights and other restrictions. LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY AND THEIR USE IS AT YOUR SOLE DISCRETION AND RISK.
All links to the Site require the prior express written consent of Provider, except that Provider consents to external links in circumstances in which: (a) the link is text-only and contains only the name "Provider Synergies, L.L.C."; (b) the link directs the internet browser to the main page of the Site and not to other web site pages within this Site; (c) the link when in use with any browser displays the entire Site full screen without frames and does not utilize banner advertisement or pop-up advertisements or otherwise obscure, hide, modify or minimize any page contained in the Site; (d) the appearance, display or formatting of any page on the Site is not juxtaposed, associated with, positioned with, or otherwise related to any other activity, product, entity or person such as to create a false impression that Provider has a relationship with any such activity, individual, entity or product or that Provider endorses, sponsors or is associated with such activity, individual, entity or product when it is not; and (e) does not damage, disparage or deplete the goodwill associated with any trade name, trademark or service mark belonging to or associated with Provider. At any time and for any reason, Provider in its sole discretion and without any liability to you may revoke this consent to link to the Site.
7. WARRANTY DISCLAIMERS, INVESTMENT INFORMATION, DAMAGE LIMITATION, INDEMNIFICATION
THE SITE, OPERATION OF THE SITE CODE, SITE CONTENTS (INCLUDING BUT NOT LIMITED TO LINKED SITE CONTENTS), AS WELL AS THE OPERATION OF AND EFFECTS OF ACCESS TO THIS SITE AND LINKED SITES, ARE PROVIDED "AS IS." PROVIDER, ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, SUPPLIERS, AGENTS, AND CONTRACTORS SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY, EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF: (1) SUITABILITY FOR ANY PARTICULAR PURPOSE, (2) MERCHANTABILITY, (3) COMPLETENESS, (4) ACCURACY, (5) NON-INFRINGEMENT, AND (6) FREEDOM FROM TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES, AND OTHER HARMFUL COMPONENTS.
IRRESPECTIVE OF WHETHER A CLAIM IS BASED UPON CONTRACT, NEGLIGENCE, TORT OR OTHER PRINCIPLES, AND IRRESPECTIVE OF WHETHER THEY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, PROVIDER, ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, SUPPLIERS, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, OR DAMAGES FOR BUSINESS DISRUPTION OR LOSS OF INFORMATION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY.
TERMS REGARDING THE DEMONSTRATION, SALE, LICENSE OR USE OF PROVIDER'S PRODUCTS AND SERVICES MAY CONTAIN ADDITIONAL PROVISIONS AND DISCLAIMERS. PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
You agree to indemnify, defend and hold harmless Provider, its predecessors, owners, directors, officers, personnel, suppliers, agents, and contractors from any and all claims and causes of actions arising from or related to any violation of the SATS by you or by others that gain access to the Site through your system or to whom you have provided access to Site Contents. Provider reserves the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Provider in asserting any available defenses. You shall be responsible for any damages or fines assessed due to violation of the SATS by you or others that gain access to the Site through your system or to whom you have provided access to Site Contents.
8. PRODUCTS AND SERVICES
9. CHANGES TO SITE OR TERMS OF ACCESS AND USE
Provider reserves the right, at its sole discretion, without advance notice, to change, modify, add or remove all or any portion of the Site or the SATS. Changes to the SATS shall be immediately effective when posted. You agree to review the SATS periodically to be aware of any changes. Your access to and continued use of the Site after the changes are posted shall constitute acceptance of those changes. Also, events may occur that result in disruption or discontinuation of access to the Site, removal of specific Site Contents or corruption of Site Code. Therefore, Provider reserves the right, without liability, to: (1) discontinue provision of access to the Site to any and all users without notice; and (2) remove or modify any Site Content.
10. CHANGES IN SITE OR RIGHTS OWNERSHIP
You agree that these SATS and Provider's interests, rights, and obligations hereunder, can be transferred by Provider to a subsequent owner of an interest in this Site.
11. PRIVACY TERMS AND ACCESS FROM OUTSIDE OF THE UNITED STATES
We appreciate that you have visited our Site. Our privacy terms are meant to ensure that the Site can operate efficiently and be used as a tool to provide services. Sites that link to, or are linked from, this Site may have different privacy terms.
As with many other web sites, when you visit this Site, our web server or system may automatically recognize and store information. Examples of such information might include identification of the type of internet browser used, the type of operating system your computer has, the name of the internet service provider, the user's "click path," the advertisement or link used to gain access to the Site, and the exit link or path from the Site. This type of non-personal information helps us to evaluate the features of our Site and to determine the best ways to provide our services. At times, we will share such information with our affiliates or parties that are helping with our Site or working with us. If you provide personal information, such as a name and address, we may use that information to communicate with you, or our affiliates or parties working with us may use the information to communicate with you. If any personal information is incorrect or objectionable, please contact the Provider agent identified in Section 12 of these SATS.
When you visit the Site, we may use the widely-used technology called "cookies". Cookies are bits of data sent to your browser so that we can enhance or tailor your use of the Site. Most internet browsers will allow you to erase cookies from your computer's hard drive, block acceptance of cookies, or receive a warning that a cookie is stored. Please note, however, that if you block cookies, some portions of the Site may not function properly. Your computer user's manual or help screen may contain more information on how to eliminate or control the use or storage of cookies.
By providing personal information to our Site, all users, including, but not limited to, users in the European Union, fully understand and consent to the collection and processing of such information in the United States of America.
This Site is operated from a location in the State of Ohio, United States of America. Provider makes no representation that the Site, the Site Contents, links, or the Site Code are appropriate for use in countries other than the United States.
12. COMMUNICATIONS REGARDING COPYRIGHT AND OTHER MATTERS
If you believe that any Site Code, or Contents in a linked site or in this Site, including but not limited to content provided by third parties via Visitor Features, infringes a copyright or other proprietary right, please forward the following information to our Copyright Agent at the address specified below:
Our Copyright Agent and recipient for other communications regarding the Site is:
Provider Synergies, L.L.C.
Attn: Director of Marketing Communications
5181 Natorp Boulevard
Mason, Ohio 45040
13. JURISDICTION, DISPUTE RESOLUTION, INTERPRETATION, SEVERABILITY AND MERGER
These SATS, and all disputes arising from or related to them, their interpretation, or their subject matters (including but not limited to Site Contents) shall be governed by, resolved and remedied in accordance with the laws of the State of Ohio, USA (without resort to conflict of law principles) as it applies to agreements entered into and to be performed entirely within such State and to acts or omissions occurring wholly within the State. Any claims arising from or related to the SATS or their subject matters shall be brought and resolved only in the appropriate State or Federal Courts located in Ohio and you expressly consent to the jurisdiction and exclusive venue of said courts. However, Provider, at its sole discretion, can also institute or convert any action (no matter which party initiates it) to an arbitration under the applicable rules of the American Arbitration Association, said arbitration to: (1) apply the choice of law specified above; and (2) take place in Mason, Ohio.
If otherwise applicable hereto, the Uniform Computer Information Transactions Act (as adopted by any State) and the United Nations Convention for the International Sale of Goods are hereby agreed not to be applicable to these SATS and their subject matters. In addition, all disclaimable or waivable local and international provisions related to choice of law or dispute resolution are waived or disclaimed by you in favor of the above choice of Ohio law, jurisdiction and forums for dispute resolution.
You agree and represent that you have carefully considered the SATS and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of Provider.
If any provision(s) of the SATS are deemed unenforceable in a determination by a body with proper jurisdiction, the Parties agree (without waiving rights of appeal) that the unenforceable provision(s) shall be: (1) reconstituted to approximate as closely as lawfully possible the evident intent of the original provision(s); or (2) if option (1), above, cannot be implemented, the unenforceable provision(s) shall be excised from the SATS and the Parties shall negotiate in good faith with respect to their modification. If the Parties cannot agree to a modification, the SATS shall be enforced, without the unenforceable provision, in a fair manner and without undue prejudice to either Party.
These SATs comprise the entire agreement between the Parties relating to the matters contained herein and shall not be modified except in writing supplied by Provider.