All text, graphics, sound files, video files, user interfaces, visual interfaces, photographs, artwork, computer code (including html code), programs, software, products, information and documentation as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement of any content, information, or materials contained on or available through the Site, unless otherwise indicated, are owned, controlled and licensed by Allevion and are protected by law, including United States copyright, trade secret, patent and trademark law, as well as other state, national and international laws and regulations.
Individual visitors of this Site are permitted to download or print one copy of material published on this Site solely for their personal, non-commercial use, provided they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. Allevion does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret laws.
The trademarks, logos, and service marks (collectively referred to as “Trademark(s)”) displayed on this Site are registered and unregistered Trademarks of Allevion and no trademark license either express or implied is granted by Allevion. You do not have any right to use any Trademark displayed on this Site without prior written permission of Allevion.
Any software that is available for download from this Site is the copyrighted property of Allevion and/or its suppliers. Any use or reproductions of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Site, if any, is governed by the terms of the agreement applicable to that product or service.
This Site provides information about and tools to help you understand healthcare markets. In order to provide accurate services to customers who use and/or register to use our Site, we require that you provide true and complete information when so requested to do. It is your responsibility to update your information or otherwise notify us of any changes to your information that could impact the services provided via the Site.
This Site is not intended for diagnosis, treatment, or use in the event of a medical emergency or other urgent healthcare situation. If you think you may be experiencing a medical emergency, seek help immediately by calling your doctor or 911.
Certain restricted information may be available on this Site only to customers of Allevion that are registered to receive information via passwords issued by Allevion. This restricted information is considered confidential and proprietary information of Allevion. If you are a registered customer or a representative of a registered customer, Allevion authorizes you to download, copy, distribute, and use the restricted information on behalf of the registered customer and only for the intended purposes authorized by Allevion. You shall not transfer your password to unauthorized parties. You will immediately notify Allevion of any unauthorized use of your password. You are responsible for use of your password.
You may link to the Site home page, but are not authorized to link to any other page on the Site without the prior express written consent of Allevion, provided that Allevion reserves the right to withdraw this consent at any time in its discretion. You may not use any of Allevion’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 Allevion or Swarm™; 2) cause confusion, mistake, or deception; 3) dilute Allevion’s trademarks, service marks, or trade names; or 4) otherwise violate applicable law.
Site information may refer to products, programs, or services that are not available in your jurisdiction. Consult the Site for information about the products, programs and services that may be available to you.
The Site may contain blogs, message boards, forums, comment areas, ratings, and other interactive features where users can share and display materials, information, and commentary (“Posting(s)”). You agree that you will not post, transmit, or discuss any of the following on or through the Site or its Postings:
You represent that you have all necessary rights, consents, or permissions to make any Posting. You also acknowledge that all Postings are non-confidential and that Allevion has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. In connection with making any Posting, you hereby and automatically grant to Allevion a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit and otherwise use any such content or information for any purpose in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. Allevion assumes no responsibility for the deletion of or failure to store any Posting, content, or information. Allevion is not a publisher of any Posting and is merely functioning as an intermediary to enable you to provide and display a Posting.
You agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials through the Site, including, but not limited to, when you provide information via an online form or via email.
You are responsible for any costs you incur to access the Internet or the Site. You acknowledge and agree that use of the Internet and access to or transmission or communication with the Site is solely at your own risk. While Allevion has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to or from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Allevion is not responsible for the security of any information transmitted to or from the Site.
Certain information available on this Site is provided by other parties, particularly information about such other parties and links to third party content. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials are the sole responsibility of the originating party and that Allevion has no responsibility for such content and does not guarantee the accuracy, integrity, or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party, or a Web link to another party’s website an endorsement of such other party, their products, or their services.
Allevion, in its sole discretion, may post the advertisements or listings of third parties on the Site and/or feature materials and services provided by and/or links to web sites produced by third parties, including surgeons, other health care providers, credit agencies, lending agencies, insurance carriers, insurance brokers, payment enablers, and others. Allevion makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials and services. Your correspondence or any other dealings with third parties found on the Site are solely between you and such third parties. Accordingly, Allevion expressly disclaims any responsibility or liability for all third-party provided materials and services contained on or accessed through the Site, and you agree that Allevion will not be responsible for any loss or damage of any sort incurred as a result of any such dealings with or as the result of the presence of such third parties on the Site.
Allevion and its employees are in constant development of new products, technologies, product enhancements, processes, materials, marketing and promotional plans, and product names. You acknowledge that by submitting your idea to Allevion that Allevion is in no way responsible to review or investigate your submission. You further acknowledge that you and Allevion may have overlapping ideas. In order to avoid any misunderstanding as to ownership, priority, or rights to any particular idea, you agree that any submission to Allevion will be treated as non-confidential and non-proprietary, will automatically become Allevion’s property, and may be used by Allevion and its affiliates for any purpose whatsoever, including without limitation the development and/or provision of products and services. Allevion shall be free to publish, use, modify, publicly perform, publicly display, reproduce, and distribute any submission on and through the Site and any and all other media for any purpose whatsoever without restriction or compensation. You further agree to hold Allevion harmless and not bring any legal action against Allevion for any products Allevion designs, develops, makes, sells, or markets, even if your submitted idea was similar.
Allevion may run contests, sweepstakes, or giveaways (collectively “Giveaway(s)”) of various types from time to time. Such Giveaways may be promoted or described on this Site, or may include use of the Site as part of the operation of the Giveaway. All such Giveaways are subject to the complete and official rules of the Giveaway even if those rules are not found on this Site, and are void where prohibited, taxed, or regulated. Mention of such a Giveaway on this Site is not an offer to participate in the Giveaway, and does not trigger any obligation to participate or change the odds of winning in any way. Unless otherwise stated on the Site, the following rules govern any prizes given away on the Site:
Submission of a user’s name, photograph, likeness, statements, biographical information, voice and address (city and state) as part of any Giveaway shall give Allevion permission to use such information in all forms of media, in perpetuity, without notice or further compensation.
Allevion may allow consumers to use coupons, promotional codes, or run sales (“Promotions”) in connection with the Site. All Promotions are subject to all of the rules and regulations stated therewith and on the portions of the Site relating thereto, and all Promotions are void where taxed, regulated, or restricted. No coupons, promotional codes, or other redeemable instrument may be transferred or reproduced in any way. Attempts to circumvent or violate the limitations on any Promotion voids the coupon, promotional code, redeemable instrument, or offer contained therein.
Without limiting the foregoing, everything on the Site is provided to you AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF THE INFORMATION, AND THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ADDITIONALLY, WE DO NOT WARRANT THAT THE SITE OR THE SERVERS MAKING THE SITE AVAILABLE ARE VIRUS FREE.
It is up to you to take precautions to ensure that your method of accessing the Site for your use is free of items such as viruses, worms, Trojan horses, and other items of a destructive nature. We do not warrant that access to the Site or use of the Site will be uninterrupted or error free or that defects will be corrected. Released Parties, as defined below, do not warrant or make any representations regarding the use or the result of the use of the materials in this Site in terms of their correctness, accuracy, reliability, or otherwise.
Neither Allevion nor any of its related companies, affiliates, or suppliers, or its or their officers, directors, employees, agents, representatives, or subcontractors (“Released Parties”), shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes beyond the reasonable control of Allevion. Allevion shall have no responsibility to provide access to this Site while the interruption of this Site due to any such cause shall continue. Allevion may discontinue providing access to this Site at any time.
Released Parties make no representations or promises to develop, provide, or market any software, service, or product discussed on this Site, and you shall not rely on the information provided or the prospect of availability of any software, service, or product currently in development or currently anticipated to be made available in the future.
You may be charged a fee associated with certain services provided via the Site. You understand and agree that the entire cost of services provided via the Site is your personal financial responsibility. Allevion makes no representation regarding coverage, reimbursement, or other payment of these or other fees by Medicaid, Medicare, Tricare, managed care plans, health insurance carriers, employers, unions, third-party administrators, governments, advocacy groups, or any other third party.
IN NO EVENT WILL ANY MEMBER OF Released Parties BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM Personal injury/wrongful death, LOST PROFITS, LOST DATA, LOST REVENUE, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THE SITE OR ANY SITE LINKED TO THE SITE. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF Released Parties SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS SITE OR ANY SITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LAW OR CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your access and use of the Site. Allevion makes no representation that the Site is appropriate or available for use in any particular location, and access to the Site from states, territories, or nations where any aspect of the Site is illegal is prohibited. You access the Site on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Site. You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Site or any content therein except in full compliance with all United States, foreign, and other applicable laws and regulations. You agree to assume all responsibility related to or in connection with your access or use of the Site.
U.S. GOVERNMENT RESTRICTED RIGHTS. UNPUBLISHED -- RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. Use, duplication, or disclosure by the U.S. Government of any Site information (all technical data is “Limited Rights Data”) or any Site software (all of which is “Commercial Computer Software”) downloaded from this Site is subject to restrictions set forth in FAR Section 52.227-14 Alt. III (g)(3), FAR Section 52.227-19, DFARS 252.227-7014 (b) or DFARS 227.7202, as amended from time to time. Contractor/Manufacturer is Allevion. Any contract notices should be sent to Allevion.
Allevion prohibits the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. In particular, if you are a copyright owner or an agent thereof and believe that any submission of information on this Site or other content infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
Our designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 18, your DMCA notice may not be valid.
If you believe that any material you submitted that was removed or to which access has been disabled is not infringing, or that you have the authorization of the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the material, then you may send a counter-notice containing the following information to the Copyright Agent:
You may also contact us by mail at Allevion, Inc., 20900 NE 30th Street, Suite 207, Aventura, FL 33180, USA.
By submitting a valid notice of infringement, you agree that we may provide your request to the user who posted the material addressed in your notice. Upon receipt of a valid notice of intellectual property infringement, Allevion may remove or disable access to the allegedly infringing content in its sole discretion. Allevion may terminate the accounts of repeat infringers under appropriate circumstances.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.