GHX Community User Guidelines, Terms of Use, Privacy Policy

 

GHX Community Privacy Policy

The GHX Community (the "Site") is operated by Global Healthcare Exchange, LLC and its subsidiaries ('GHX'). GHX is committed to respecting the privacy and security of your personal information. This Privacy Policy describes the information collected on this Site and how it is used and protected. This Privacy Policy applies only to this Site. Please review the privacy policy of any other GHX site you may visit, including our websites.

By using this Site, or by providing your information to us or to our service providers, you consent to the collection, use, and disclosure of your information in accordance with this Privacy Policy and the GHX Community Terms of Use. Please read our GHX Community Terms of Use and GHX Community User Guidelines to understand the general rules about your use of this Site.

Collection and Use of Information

GHX and its service providers collect and process certain personal and other information from you to administer this Site and for other business purposes. The Site is hosted on a third-party platform. When you register to use this Site, you provide GHX and the platform vendor certain personal information, including your name, your employer, your work email address, and other information that will allow us to provide you services. GHX may also receive information from affiliated entities or third party sources that may be used, along with information you have previously provided to GHX, to supplement the information you provide us on the Site.

When you register to use the Site, GHX may use the name you submit in connection with your User Submissions. GHX may in its discretion allow Site users to search for information on the Site, including personal information about other users. GHX may also in its discretion use information you submit on this Site for any lawful purpose, including inclusion in knowledge databases, advertising, or new or improved products or services. Your name and words may be used publicly in connection with such information.

The vendor providing the Site's platform collects non-personal information (i.e., data that does not directly identify you as an individual person) in order to operate and improve the functionality of the Site's platform. The vendor collects this information through a variety of technologies, including cookies, log files, and techniques used to track who is reading a web page or email, when, and from what computer, as discussed below.

Cookies
The Site uses several types of "cookies" to help its operation. A cookie is a small piece of information sent from a web server to a browser to be stored and read back later by the application. Some cookies are set to expire when you end your session on the Site. Others last for longer periods unless you reject or disable them. Some cookies may not be rejected or disabled if you wish to continue using the Site, as described below. The Site uses both browser cookies and flash cookies (also called local shared objects), which differ in that flash cookies can store more data, store different data, and store data in a different place on your browser. The types of cookies used on the Site are described below.

Required Cookies
The Site's platform uses required cookies to identify registered users to the Site and as part of the Site's security features. Each time you log on to the Site, a cookie containing a unique, encrypted identifier tied to your account is placed on your browser to allow you to access the secured Site. The Site also collects your Internet Protocol ('IP') address as part of its security features. Required cookies are essential to operating the Site, and may not be disabled.

Site Performance Cookies
Site performance cookies collect information about how users navigate the Site. These cookies collect only aggregated, anonymous information, and do not collect information that individually identifies users. This information is used to help the Site's performance.

Functionality Cookies
Functionality cookies allow the Site to remember information you have entered (e.g., your user name). These types of cookies can also remember choices you have made to customize your view of parts of Site pages (e.g., text sizes, fonts, etc.).

The Site uses local shared objects, or flash cookies, to personalize your visit by storing your preferences.

Alerts, Options, and Disabling Cookies
You can configure your browser to alert you when a site is attempting to send a cookie to your computer and allow you to accept or refuse the cookie. Please note, however, that you may not opt out of required cookies if you use the Site. You may refuse browser cookies other than required cookies using your browser settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookie settings. You can manage flash cookies using the local settings manager native to your operating system or, for earlier flash player versions, using the online settings manager for the flash player. Please note, however, that disabling or deleting cookies may affect the functionality of some features on the Site.

Web Beacons and Site Analytics
Web beacons, also known as web bugs or pixel tags, are tiny graphic images that are unobtrusively placed on a website or in an email. The Site's platform vendor may use web beacons together with cookies to help analyze your use of the Site. When the code for a web beacon points to the Site to retrieve the image, it simultaneously passes information to the Site's servers about your use of the Site, including the pages you view, the links you click, and other actions taken in connection with the Site. Web beacons can also collect certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times, referring website addresses, and previously-set cookie values.

Location-Enabled Technology
Some electronic devices include location-enabled technology. If you use these devices to access the Site, you may be sending the Site information about your location. Your device may allow you to disable this technology.

GHX and the Site's platform vendor retain and use your information for as long as needed to provide you services, respond to questions or input, comply with legal obligations, resolve disputes, and enforce our agreements. GHX and the Site's platform vendor may save information you provide in order to contact you in the future about GHX products and services. This contact may be in the form of telephone calls, emails, or mailings. You may opt out of these future contacts as described in 'Review, Modify, or Delete Your Information' below. GHX reserves certain rights with respect to information provided through this Site, and requires certain representations about such information, as described in the Terms of Use posted on this Site.

Sharing and Transferring Your Information

The Site is divided into a private section (available only to registered GHX customers) and a public section (available to both registered GHX customers and other registered Site users). GHX may choose to maintain subsections on this Site that are open only to certain groups of users. Please refer to the User Guidelines for further information regarding submission of information and use of the Site by registered users. Any information you choose to share on this Site will be accessible to anyone else with access to the relevant portion of the Site, and may be used by others to send you unsolicited messages. GHX is not responsible for any personal information you may choose to share on the Site, including any access, collection, or use by other registered users.

GHX and its service providers may transfer information between them for business purposes. For example, GHX service providers may handle our data management, email distribution, market research, or information analysis. We furnish our service providers the information they need to perform these and other services, and we work with our service providers to respect and protect your information. We may also provide your information to our wholly-owned companies and affiliates. Some of the entities with which we share information may be outside the United States.

GHX does not sell your personal information to any third party. We may sell or transfer non-individualized information to third parties, including summary or aggregated anonymous information about all or sub-groups of users of the Site, for purposes such as reporting or marketing.

In the event that GHX or some of our assets are sold or transferred or used as security, or to the extent we engage in business negotiations with our business partners, the information collected on this Site may be transferred or shared with third parties as part of that transaction or negotiation. We may also provide information or provide access to information to any of our affiliated businesses or to our business partners.

On rare occasions, we may disclose specific information without your consent and without notice to you as required to comply with laws and regulations, or to comply with court orders, subpoenas, or lawful discovery requests. Information collected from you may also be used to investigate security breaches or otherwise cooperate with authorities. We may also share information with companies assisting in fraud protection or investigation.

Protecting Your Information

GHX and the Site's platform vendor have implemented reasonable physical, technical, and organizational safeguards to help protect your personal information from unauthorized access, acquisition, or disclosure, alteration, or destruction. Although we strive to keep your personal information secure, no security measures are absolute, so you should exercise caution when transferring sensitive information over the Internet.

Links to Other Sites

The Site may contain links to other websites, content, or resources, including links to other sites operated by GHX or other entities. Please note that when you click on one of these links, you will leave this Site and will be subject to the policies and privacy practices of the other site, which may differ significantly. You should review the policies of other sites you visit. GHX is not responsible for the content, technology, or practices of linked sites operated by others, or for your use of linked sites.

Children's Privacy

The Site is not aimed at or intended for children. We do not knowingly collect information from children under the age of thirteen through this Site. If we obtain actual knowledge that we have inadvertently collected personal information relating to a child under the age of thirteen, we will delete that information from our records.

International Transfers

This Site is designed and maintained within the United States, and is intended for visitors from the United States. If you are visiting this Site from a country other than the United States, you should understand that your data submitted through or generated by your use of this Site will be transferred to and processed under the laws of the United States, which may not have the same data protection laws as the country in which you are located. This will necessarily result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to the transfer and processing of your data as set out in this Privacy Policy in the United States subject to the laws of the United States. If you do not consent to having your information used in according with this Privacy Policy, GHX advises you not to provide your personal information.

California Privacy Rights

California Civil Code Section 1798.83, also known as the California 'Shine The Light' law, permits California residents who are users of this Site to request from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us at the address provided below.

Review, Modify, or Delete Your Information

We want to communicate with you only if you want to hear from us. If you prefer not to receive information from us or would like to update or change your personal information or preferences, please follow the instructions below to review, modify, or delete your personal information.

To modify the information you provided during registration, please log in and update your personal settings. To unsubscribe from receiving periodic emails from us, please follow the instructions for unsubscribing that may be found in emails we send you.

If you request that your registration information be deleted or if you unsubscribe from communications, we may maintain information about your transactions or service inquiries for future service and record keeping purposes.

If you wish to otherwise view or correct the information GHX has collected about you through this Site, or if you wish to be removed from our contact lists, please contact us using the information at the end of this Privacy Policy.

Updates to this Privacy Policy

GHX may update this Privacy Policy and our Site at any time without prior notice to reflect material changes in how we collect, use, share, or store your information, to satisfy legal requirements, or for other business purposes. You should review this Privacy Policy when you visit the Site to understand our current practices. The date below shows when this Privacy Policy was last updated.

We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current practices. You consent to any changes we make to this Privacy Policy if you continue to use the Site after receiving a notice of the change or upon our posting of the new Privacy Policy on this Site.

Contact Us

If you have questions or comments about this Privacy Policy or the Site, please contact us using the information below.
Email: ghxcommunity@ghx.com

Global Healthcare Exchange
Attn: Corporate Communications
1315 W. Century Dr, Suite 100
Louisville, Colorado 80027
USA
Phone: 1.720.887.7000
Fax: 1.720.887.7200

Last updated: May 09, 2013

 

GHX Community Terms of Use

The GHX Community (the 'Site') is operated by Global Healthcare Exchange, LLC and its subsidiaries ('GHX). GHX offers this Site to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms of Use, the GHX Community Privacy Policy, and GHX Community User Guidelines, all of which are hereby incorporated into these Terms of Use by reference. By registering on the Site or using the Site, you are stating that you have read and understand, and agree to be bound by, these Terms of Use.

'You' (and all derivations thereof) means you individually, and if you are accepting these Terms of Use on behalf of a company or other legal entity, such legal entity. If you are entering into these Term of Use on behalf of a legal entity, you represent and warrant that you have the authority to bind such legal entity. If you do not have such authority or do not agree to these Terms of Use, neither you nor any such legal entity is permitted to use the Site.

Grant of Rights

GHX provides the Site as a forum for GHX customers to discuss GHX products and services, share knowledge, access shared resources, and promote best practices with respect to GHX's products and services. Subject to your compliance with these Terms of Use, GHX hereby grants you a nonexclusive, nontransferable, revocable, worldwide license, without right of sub license, to access and use the Site and to use the information and content on the Site solely for your individual use for the foregoing purposes. You may not make use of the Site other than as set forth in these Terms of Use, including the User Guidelines.

This Site and all of its content, including without limitation all information and content submitted by any party to the Site ('User Submissions'),is protected individually and as a compilation by copyright, trademark, and other applicable laws of the United States and other countries. All trademarks, service marks, and logos on the Site ('Marks') are the property of their respective owners. You are not authorized to use any such Marks. Ownership of all Marks and the goodwill associated therewith remains with their respective owners. As between you and GHX, GHX owns and retains all right, title, and interest in the Site, including without limitation all intellectual property rights therein, and reserves all rights not expressly granted to you in these Terms of Use.

Information on the Site

You understand that when using the Site, you will be able to view information from a variety of sources, including information from other users of the Site, and you rely on the content on the Site at your own risk. GHX makes no express or implied representation or warranty about the accuracy, completeness, reliability, or timeliness of ANY information OR CONTENT provided on the Site. GHX is not responsible for examining or evaluating any information or content contained on the Site, including without limitation the accuracy of any User Submissions, and does not prescreen User Submissions. You should not use or rely on the information and content on the Site as the sole basis for making decisions. Instead, you should consult primary sources of information that are more accurate, complete, reliable, and timely. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GHX AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY ACTIVITIES, GOODS, SERVICES, CONTENT, ACTIONS, OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY OF THE Site's USERS.

Changes to the Site

GHX reserves the right to monitor, modify, or discontinue the Site, and to block, modify, publicly comment on, or delete any information and content posted to the Site by any party, at any time without notice in its sole discretion; provided however, that GHX has no obligation to update, store, maintain, or correct any information and content on the Site.

Information and Content You Submit

Submission of personal information to GHX and use of that information by GHX are subject to the GHX Community Privacy Policy. As between GHX and you, you own all rights to your User Submissions. You hereby grant to GHX and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, assignable, worldwide license, with the right to sub license through multiple tiers, to use, publicly display, publish, reproduce, modify, adapt, translate, distribute, create derivative works from, and publicly perform your User Submissions (in whole or in part) in any format or medium now known or later developed. You further agree that GHX and its affiliates are free to use disclose, reproduce, license, or otherwise distribute or exploit, in their sole discretion, any ideas, concepts, or know-how ("Feedback") that you or individuals acting on your behalf post on the Site without any obligations or restrictions of any kind, including any intellectual property rights or licensing obligations. You understand and agree that the incorporation by GHX or its affiliates of Feedback into any of their products or services does not grant you any proprietary rights therein.

The Site offers various forums and other means for you to post User Submissions, including observations, comments, and other information. You acknowledge that all of your User Submissions may be seen and used by others. Therefore, do not post any ideas or information that you wish to keep confidential, or that is subject to a third party's rights that may be infringed if you share it. GHX IS NOT RESPONSIBLE FOR ANY MISUSE OR MISAPPROPRIATION OF ANY USER SUBMISSIONS YOU POST ON THE SITE.

You are solely responsible for all of your User Submissions. With respect to each of your User Submissions, you represent and warrant that (i) it is accurate; (ii) you own or otherwise control all the rights to it; (iii) it does not contain any party's confidential information; (iv) it does not violate any provision of these Terms of Use, including the User Guidelines; and (iv) use of such User Submissions as permitted under these Terms of Use does not and will not infringe the rights of any third party (including, without limitation, any intellectual property rights, rights of privacy or publicity, or any other legal or moral rights) and will not cause injury to any person or entity.

If you initiate a support request to GHX for a GHX product or service through the Site, you acknowledge and agree that the terms and conditions of your agreement with GHX with respect to such product or service shall govern such request.

Passwords and Access

If you register on the Site, you are responsible for maintaining the confidentiality of your account password and for all activities that occur through your account. You agree to immediately notify GHX of any breach or unauthorized use of your account. GHX reserves the right to require you to alter your password. You agree that you will be solely responsible for any loss or damage you suffer as a result of your failure to adequately safeguard account information and that you may also be liable for the losses of GHX or others due to such failure.

You acknowledge that the Site is accessed via the Internet and on mobile devices. You are responsible for providing all hardware, system software, access devices, networks, and telecommunications or other connections required for you to access the Site and paying all telephony, data transmission, and other costs associated with such access.

Links

GHX may, from time to time, post links to sites that are not owned or controlled by GHX ('Linked Sites'). GHX does not screen Linked Sites and GHX is not responsible for the content, security, operation, or use of any Linked Sites operated by others or the products or services that may be offered or obtained through those sites. Inclusion of links to other sites is for your convenience only and is not a recommendation, approval, or endorsement of those sites or their content by GHX. If you access a Linked Site, you do so at your own risk. You expressly relieve GHX from any and all loss, damages, or other liabilities you incur as a result of your use of any Linked Site. GHX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY LINKED SITE, OR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED SITE.

Disclaimers and Limitation of Liability

YOUR USE OF THE SITE AND ALL INFORMATION AND CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION, USER SUBMISSIONS, IS AT YOUR SOLE RISK. THE SITE AND ALL INFORMATION AND CONTENT PROVIDED THROUGH THE SITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, GHX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) ANY WARRANTIES REGARDING TITLE AND NON INFRINGEMENT; AND (III) ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. GHX MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE SITE OR ANY TECHNOLOGY ASSOCIATED WITH IT WILL BE SECURE OR FREE FROM MALWARE; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (C) USE OF INFORMATION OR MATERIALS ON THE SITE WILL BE ADEQUATE, USEFUL, RELIABLE, OR SUITABLE FOR ANY PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GHX NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY OR LOSS OF MONEY, REVENUES, PROFITS, GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SITE, ANY INFORMATION YOU ACCESS THROUGH THE SITE OR ANY LINKED SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, GHX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF INFORMATION OR CONTENT ON THE SITE, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF THE Site's SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION, DELAY, OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (5) ANY MALWARE, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED OR HARMED BY THE SITE OR ANYTHING RELATED TO THE SITE, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THESE TERMS OF USE AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

IF, NOTWITHSTANDING THESE TERMS OF USE, GHX IS FOUND TO BE LIABLE, LIABILITY OF GHX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU OR TO ANY THIRD PARTY IS LIMITED TO $1,000 U.S. DOLLARS.

SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND the scope and duration of GHX'S warranties and the extent of GHX'S liability will be the minimum permitted under such applicable law.

Indemnification

You shall indemnify, defend, and hold harmless GHX and its affiliates and their directors, officers, employees, and agents from and against any and all losses, liabilities, expenses, damages, costs, and fees (including reasonable attorneys fees, costs of investigation and court costs) arising or resulting from (i) your (or anyone using your account's) violation of these Terms of Use; (ii) your use of and access to the Site; (iii) your actual or alleged violation of any third party right, including without limitation, any intellectual property right or privacy right, or violation of applicable law; or (iv) any claim that any of your User Submissions caused damage to a third party. GHX reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with GHX in the defense of such matter. This defense and indemnification obligation will survive the termination of these Terms of Use and your use of the Site.

Jurisdiction and Applicable Law

These Terms of Use and your use of the Site are governed by the laws of the United States and the State of Colorado, without regard to its conflicts of law provisions and expressly excluding the U.N. Convention on the International Sale of Goods. You agree that: (i) the Site will be deemed solely based in Colorado; and (ii) the Site will be deemed a passive service that does not give rise to personal jurisdiction over GHX, either specific or general, in jurisdictions other than Colorado. All lawsuits arising from or relating to these Terms of Use or your use of the Site will be brought in the Federal courts for the District of Colorado and the 10th Judicial Circuit or the state courts located in the City and County of Denver, Colorado, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. 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 the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The Site is controlled and offered by GHX from its facilities in the United States of America and data related to the Site is hosted in the United States. If you access or use the Site from other jurisdictions, you do so at your own risk. GHX makes no representations that the Site is appropriate or available for use in other locations. You are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of the Site or any of the Site's content, you are not permitted to use the Site.

Changes to Terms of Use

GHX reserves the right, at any time and in its sole discretion, to change these Terms of Use, including the Privacy Policy and User Guidelines, in whole or in part, by posting revised versions of such items on the Site. GHX shall provide you with notice regarding changes to the Terms of Use and other service messages with respect to the Site via notices on the Site or emails to your email address registered to your account. You are responsible for reviewing and complying with the Terms of Use, including the Privacy Policy and User Guidelines in effect at the time you use the Site. You acknowledge that you will be bound by the revised Terms of Use, including the Privacy Policy and User Guidelines, as of their effective date set forth therein and your continued use of the Site constitutes acceptance of them. The date below shows when these Terms of Use were last updated.

Entire Agreement, Admissibility, and Severability

These Terms of Use, including the Privacy Policy and User Guidelines, and any policies or operating rules posted on the Site, constitute the entire agreement and understanding between GHX and you with respect to the subject matter thereof and supersede all prior or contemporaneous oral or written communications or proposals between GHX and you with respect to such subject matter, except as otherwise set forth in these Terms of Use. You agree and acknowledge that your use of the Site does not make GHX your agent for any purpose, and that no agency, partnership, joint venture, or similar relationship exists, or is intended to exist, between you and GHX by virtue of your use of the Site. You agree that, except as expressly provided in these Terms of Use, there are no third-party beneficiaries hereto. If any provision of these Terms of Use is determined by a competent court with jurisdiction in the matter to be invalid, unenforceable, or void pursuant to applicable law, that determination shall not invalidate or void the remainder of these Terms of Use, and the parties agree and intend that these Terms of Use shall be amended by changing the offending provision only as far as is necessary to make it valid, legal, and enforceable while preserving its intention or, if such modification is not possible, the parties will substitute another provision that is valid, legal, and enforceable to achieve, as far as possible, the same results between the parties.

Termination or Restriction of Access

Without limiting its other remedies, GHX reserves the right to remove or bar you from the Site, terminate or suspend your account, remove your User Submissions, and prevent you from downloading or uploading information and content from or to the Site, at any time without notice and in GHXís sole discretion. You may discontinue your participation in and access to the Site at any time.

No Waiver

You agree that GHX's failure to enforce any provision of these Terms of Use or respond to your breach does not in any way waive GHX's right to enforce subsequently any provision of these Terms of Use.

Notice of Copyright Infringement

If you are a copyright owner or an agent thereof and believe in good faith that any User Submission or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing (see 17 U.S.C. 512(c)(3) for further detail) to GHX's Copyright Agent at the address below: (i) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit GHX to locate the material; (iii) information reasonably sufficient to permit GHX to contact you, such as an address, telephone number, and, if available, an electronic mail address; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (vi) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of the copyright and submit the statement.

Global Healthcare Exchange
Attn: General Counsel
1315 W. Century Dr, Suite 100
Louisville, Colorado 80027
USA
Phone: 1.720.887.7000
Fax: 1.720.887.7200
Email: ghxcommunity@ghx.com

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Ability to Accept Terms of Use

You affirm that you (i) are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use; (ii) shall abide by and comply with these Terms of Use; and (iii) have full power and authority to enter into these Terms of Use without violating any other agreement to which you are a party. If you do not meet the foregoing requirements, you are not permitted to use or access the Site.

Contact Us

If you have any questions or comments about these Terms of Use or the Site, you may contact us using any of the following methods:

Global Healthcare Exchange
Attn: Corporate Communications
1315 W. Century Dr, Suite 100
Louisville, Colorado 80027
USA
Phone: 1.720.887.7000
Fax: 1.720.887.7200
Email: ghxcommunity@ghx.com

Last updated: May 9, 2013

 

GHX Community User Guidelines

By registering to use the GHX Community Site (the 'Site'),

I agree to:

  • conduct myself professionally while using the Site;
  • review and comply with GHX's Community Terms of Use, Community Privacy Policy, and these User Guidelines, and any revisions to them;
  • comply with all applicable laws;
  • provide, maintain, and update information about myself on the Site to keep it true, accurate, current, and complete at all times; and
  • access and use the Site only for my internal business purposes.

I agree that I will not, and will not instruct, permit, allow, or induce any person, directly or indirectly,

  • to use or access the Site to:
    • submit any User Submission (as defined in the Terms of Use) or engage in any behavior that is fraudulent, misleading, libelous, illegal, pornographic, obscene, offensive (racially, ethnically, or otherwise), harassing, disparaging, harmful, anticompetitive, or in violation of anyone's rights, including their privacy or proprietary rights;
    • impersonate any person or entity, or otherwise misrepresent my affiliation with a person or entity;
    • submit any confidential or proprietary information of others, including protected health information under HIPAA;
    • transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
    • transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
    • copy, publish, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer information found on the Site, excluding my own User Submissions;
  • submit any User Submission relating to or engage in any discussion regarding my company's or any other company's business practices, conduct in the marketplace, or customers or suppliers including but not limited to any of the following:
    • prices (past, present, or future), pricing policies, or price related contract terms;
    • any other terms or conditions of sale (e.g., margins, returns, incentives, or credit);
    • promotions or marketing programs or strategies;
    • costs;
    • production, inventory, or utilization levels;
    • purchase quantities or sales quantities;
    • strategic plans or product development;
    • dealings with customers or suppliers or other business partners (past, present or future);
    • identification of trading partners or others with whom my company does business;
    • conduct of competitors;
    • refusals to do business with any other parties (customers, competitors, distributors, or suppliers); and
    • any other proprietary or competitively sensitive information;
  • include any links to any other sites in User Submissions;
  • remove any copyright, trademark, or other proprietary rights notices contained in or on the Site or on any content that appears on the Site;
  • frame. mirror, or otherwise simulate the appearance or function of the Site or any content on the Site;
  • rent, lease, loan, trade, sell/re-sell, or otherwise charge any party for access to the Site or any content on the Site;
  • decompile, disassemble, or otherwise reverse engineer the Site or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Site, except to the extent required to be permitted by law;
  • use any of the Site's content or any Marks (as defined in the Terms of Use) as meta tags;
  • access the Site or use any information or content on the Site for purposes competitive to GHX, as determined by GHX in its sole discretion;
  • use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to GHX's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; or
  • attempt to gain unauthorized access to or use of the Site or damage, disrupt, or impede the operation of the Site or GHX's other services or systems.

Last updated: May 9, 2013