Important Legal Information
Terms of Service for www.Geneia.com
Welcome to the Geneia web site. We are pleased that you’re visiting our web site to learn more about Geneia and our innovative products and services and other information we have listed for you. The following legal information covers the terms and conditions associated with using our web site.
1. INTELLECTUAL PROPERTY
Copyrights: All of the content of this Site, including text, art, graphics, logos, button icons, images, pictures, audio clips, videos and software, is the property of Geneia, our partners, affiliates, content providers or licensors, and is protected by U.S. and international copyright laws. We have designed the content of this Site for your use while you enjoy your experience here. Except as granted in the limited license below, any use other use of this content, including modification, transmission, presentation, distribution or republication, is prohibited without the express prior written consent of Geneia.
Service Marks and Trademarks: Contained in this site are numerous service marks as denoted by the registration indicator ® or the designate sm. All service marks, trademarks, trade names and brand names of Geneia, whether registered or unregistered, are the property of Geneia and are protected by U.S. and international laws. Except as granted in the limited license below, any use of these assets is expressly prohibited without the express prior written consent of Geneia. Please be advised that the service mark owners actively and aggressively pursue their intellectual property rights to the maximum extent allowable by law.
Limited License: Geneia authorizes you to download the material on this Site solely for your personal, non-commercial use. If you violate any provision of these Terms of Service, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Infringements: If you think that any of the information posted to this Site infringes a copyright, trademark, patent or other right of another party, please contact a Geneia Representative by email or call 866.267.9894.
Third Party Licenses: You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant -- or warrant that the owner of such content has expressly granted -- Geneia a royalty-free, perpetual, irrevocable, world-wide exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Geneia may sublicense its rights through multiple tiers of sublicenses.
THIRD PARTY COPYRIGHT NOTICES AND DISCLAIMERS
NCQA COPYRIGHT NOTICE AND DISCLAIMER
The Healthcare Effectiveness Data and Information Set (HEDIS®) is a registered trademark of NCQA.
CAHPS® is a registered trademark of the Agency for Healthcare Research and Quality (AHRQ).
Quality Compass® is a registered trademark of NCQA.
Licensee must include the following language in their Product(s) and any outputs therefrom:
“The source for the data is Quality Compass® [current year] and is used with the permission of the National Committee for Quality Assurance (“NCQA”). Any analysis, interpretation, or conclusion based on these data is solely that of the authors, and NCQA specifically disclaims responsibility for any such analysis, interpretation, or conclusion. Quality Compass is a registered trademark of NCQA.
The HEDIS® measures and specifications were developed by and are owned by the NCQA. The HEDIS measures and specifications are not clinical guidelines and do not establish standards of medical care. NCQA makes no representations, warranties, or endorsement about the quality of any organization or clinician that uses or reports performance measures or any data or rates calculated using the HEDIS measures and specifications and NCQA has no liability to anyone who relies on such measures or specifications.
NCQA holds a copyright in the data and can rescind or alter the data at any time. The data may not be modified by anyone other than NCQA. Anyone desiring to use or reproduce the materials without modification for an internal, non-commercial purpose may do so without obtaining any approval from NCQA. All other uses, including a commercial use and/or external reproduction, distribution, publication must be approved by NCQA and are subject to a license at the discretion of NCQA. ©[applicable year] National Committee for Quality Assurance, all rights reserved.”
2. LEGAL NOTICES
Disclaimers: ALL INFORMATION, PRODUCTS, MATERIALS, SERVICES AND ADVICE CONTAINED ON THIS SITE, OR PROVIDED BY THIS SITE, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, VIDEOS, JAVA SCRIPT AND "COOKIES," ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT ANY CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.TO THE MAXIMUM EXTENT PROVIDED BY LAW, GENEIA AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS STRAINS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. GENEIA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS, SERVICES AND ADVICE PROVIDED ON THIS WEB SITE ARE ACCURATE, RELIABLE, COMPLETE OR CURRENT.
Limitation of Liability: IN NO EVENT SHALL GENEIA, NOR ANY OF ITS MEMBERS, SHAREHOLDERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIAL CONTAINED IN, ACCESSED THROUGH OR PRODUCTS PURCHASED ON, THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GENEIA IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME.YOU ACKNOWLEDGE AND AGREE THAT PAYMENT BY GENEIA, OR RETENTION BY YOU OF DIRECT DAMAGES, AS LIMITED BY THE FOREGOING SENTENCES, IS YOUR SOLE AND EXCLUSIVE REMEDY IN EXHAUSTION OF ALL OTHER REMEDIES UNDER THESE TERMS OF SERVICE, AT LAW OR IN EQUITY, AND THAT SUCH REMEDY IS NOT DEEMED OR ALLEGED BY YOU TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT IS GENEIA LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS.ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THIS WEB SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.WHEN USING THIS SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF GENEIA AND ITS SUPPLIERS. ACCORDINGLY, GENEIA ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THIS SITE.
Certain Jurisdictions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the above disclaimers and limitations may not apply to you if you reside in such a jurisdiction.
3. GENERAL LEGAL PROVISIONS
Governing Law and Jurisdiction: By accessing, transmitting or viewing any information on this Site, you agree to be subject to personal jurisdiction and venue in the Commonwealth of Pennsylvania. Any transaction or occurrence arising out of the accessing, transmitting or viewing any information on this Site shall be judged in accordance with the laws of the Commonwealth, without giving effect to any principles of conflicts of laws.
Third Party Links: Some of the links made available to you through our pages will allow you to leave our Web site. Please be aware that the Internet sites available through these links and the material you may find there are not under the control of Geneia. Therefore, we cannot and do not make any representation to you about these sites or the materials available there, and the fact that we have made these links available to you is not an endorsement or recommendation to you by Geneia of any of these sites or materials found there. Geneia is providing these links as a convenience to you.
Indemnification: You agree to indemnify, defend and hold harmless Geneia, its members, shareholders, trustees, directors, officers, employees, agents, licensors, suppliers, and affiliates from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Service or any activity related to your use of this Site (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing this Site using your service account.
International Laws: Geneia is based in the State of Pennsylvania in the United States of America. Geneia makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Modification: Geneia reserves the right to change these Terms of Service at any time. Any changes or updates will be effective immediately upon posting to the Site. For your information, the date of the last update to these Terms of Service is listed at the top of this page.
Assignment: Geneia may assign its rights and duties under this Terms of Service to any party at any time without notice to you and/or your approval.
Notices: Questions or comments regarding this Site should be directed by email, by telephone at 866.267.9894 or via U.S. mail sent to:
1000 N. Cameron St., Suite 500
Harrisburg, PA 17103
Information about financial ownership is available upon request and may be directed to the above email, telephone number or U. S. mail address.
Thank you for your cooperation.