Website Terms of Use

Updated July 2018

Welcome to the KLAS website. Through this website, KLAS provides access to its vendor performance database, reports, blogs, presentations, and forums relating to software, services, and equipment offerings in the field of healthcare. The information and data contained in the website are intended to contribute to but not replace your more complete due diligence in making any business, financial, or other decisions.

Much of the website content is available only to organizations and individuals who have KLAS accounts. Some reports may be purchased individually. Regardless of your access level, your agreement to the following terms is required to use the website. Your use of the website indicates your agreement to the terms.

Copyrights

You should assume that everything you see or read on this website is protected by copyright and may only be used according to these terms of use unless otherwise provided under the U.S. Copyright Act. Your use of website images or text is prohibited unless specifically permitted by these terms of use. Any unauthorized use of the images or text may violate copyright laws, trademark laws, or other laws or regulations.

If you or your organization have a KLAS membership or have purchased individual reports, you may have additional rights to use website content as described in the KLAS’ Data Use Policy, which you may view here

Trademarks

The trademarks, logos, and service marks displayed on this website are the property of KLAS or other parties. You are not permitted to use these marks without the prior written consent of KLAS or any other owner. "KLAS", "Best in KLAS", and the KLAS arch logo are registered trademarks of KLAS Enterprises, LLC.

Links

Links to other websites may appear in this website. The linked websites are not under the control of KLAS, and KLAS is not responsible for the contents of any linked site. KLAS does not endorse companies or products described on any linked website. If you choose to access any third-party sites linked to this website, you do so entirety at your own risk.

User Conduct

You may not in any manner: (i) distribute, use, copy, or otherwise duplicate any materials contained on this website, except as expressly authorized under these terms of use or the KLAS Materials Use Policy; (ii) “frame” or “mirror” the materials or services contained on or accessible from our website on any other server or internet -capable device; or (iii) remove, alter, amend, or otherwise tamper with any titles, trademarks, copyright notices, or other proprietary rights included in the website.

In addition, you may not use the website: (i) to harvest, collect, gather, or assemble any content for any reason beyond the uses permitted in these terms of use or the KLAS Materials Use Policy; (ii) to harvest, collect, gather, or assemble information or data regarding other users without their consent; (iii) to transmit or post any material or information that is unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene, or otherwise objectionable; (iv) to transmit any material that may infringe the intellectual property rights or other rights of third parties, including any patent, trademark, copyright, trade secret, or right of publicity; (v) to attempt to gain unauthorized access to the website, other accounts, computer systems, or networks connected to the website through password mining or any other means; or (vi) to harass or interfere with another user’s utilization and enjoyment of the website.

Your Representations and Warranties

You represent and warrant to KLAS the following:

You are at least eighteen (18) years of age.

You will use only those passwords for the website and for services and facilities hosted on the website that KLAS authorizes you to use, and you will not share such passwords with any person not authorized to use them. You acknowledge that any such unauthorized use of a password may result in termination of your access to the website with no refund of any fees paid, as well as potential liability through any other legal remedies available to KLAS.

Disclaimer

ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. KLAS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KLAS DOES NOT WARRANT THAT THE CONTENT OF THE WEBSITE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

Limitation of Liability

UNLESS OTHERWISE PROVIDED IN A SEPARATE WRITTEN AGREEMENT, KLAS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEBITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KLAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Applicable Laws

KLAS controls and operates this website from its location in the United States. These terms of use are governed by and construed in accordance with the laws of the United States and the State of Utah.

Modifications

KLAS may modify the website and its content from time to time at its sole discretion. KLAS does not make any commitment to you that it will maintain particular website features or materials.

These terms of use may be revised periodically without notice. The most current version of the terms of use can be accessed at any time by clicking on the "Terms of Use" hypertext link at the bottom of each website page. Your use of the website will affirm your consent to the terms of use in effect at the time of such use unless otherwise provided in a written agreement between you and KLAS.

If any portion of these terms of use is invalid or unenforceable, it will be severed, and the remaining terms will remain in full force and effect.

If you do not accept these terms, you are not authorized to access and use this website, and you are required to exit this website immediately.

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