Website Terms of Use

KLAS Enterprises, L.L.C. ("KLAS") Updated February 2018

Welcome to the KLAS website ("Website"). Through the Website, KLAS provides access to its Vendor performance database (“Database”), certain reports (“Reports”), and other information, research, blogs, presentations, and forums related to software, services, and equipment offerings in the field of healthcare and to their respective vendors ("Vendors"). The Database, Reports, and other items listed in the previous sentence are referred to collectively in these Terms of Use ("TOU") as "Materials". The Database and Reports are compilations of data and opinions gathered from interviews with appropriate individuals at healthcare provider organizations. The information and data contained in the Website and Materials are intended to contribute to, but not to replace, your more complete due diligence in making any business, financial, or other decision.

Healthcare providers and employees of provider organizations may be given access to the Website and Materials at no cost or at a significantly discounted cost, depending on their participation in KLAS research and level of access.

Non-healthcare providers (vendors, consultants, investment professionals, and all others, including individual healthcare providers employed by non-healthcare organizations) are required to pay KLAS for an account with access to the Materials.

Your agreement to the following terms and conditions is partial consideration for KLAS's providing you with access to the Materials. If you do not accept these terms and conditions, you are not authorized to access the Materials.

  1. ABIDE BY KLAS’ RULES AIMED AT FAIRNESS AND TRANSPARENCY. Your use of Website features and the Materials is subject to the TOU and to KLAS’ Data Use Policy as described in Exhibit A and KLAS’ Privacy Policy as described in Exhibit B below. These TOU with Exhibit A and Exhibit B may be revised periodically without notice to you. The most current version of the TOU 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 TOU in effect at the time of such use unless otherwise provided in a written agreement between you and KLAS. Any rights not expressly granted herein are reserved by KLAS.

    You acknowledge and agree that the Website and Materials may change from time to time and at KLAS’ sole discretion. KLAS does not make any commitment to you that it will maintain particular Website features or Materials.

  2. PROTECT MATERIAL CONTEXT. You may view online those Materials to which KLAS gives you access. Should you choose to reference KLAS Materials outside your organization, you agree to comply with KLAS’ Data Use Policy. KLAS's trade names, service names and logos are trademarks, service marks (together, "Marks") of KLAS in the United States and other countries. Other trademarks and service marks displayed on or through the Website are the property of their respective owners. KLAS's Marks and trade dress may not be used to brand or endorse any product or service that is not a KLAS product or service and may not be used in any manner that is likely to confuse the public as to the source of any good or service.
  3. YOUR REPRESENTATIONS AND WARRANTIES. You represent and warrant to KLAS as follows:
    1. You are at least eighteen (18) years of age.
    2. You will use only those passwords for the Website, and for services and facilities hosted on the Website, that you are authorized by KLAS 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.
  4. DON’T MISUSE THE WEBSITE. Excessive use or abuse of Website resources by one user may have a negative impact on all other users. Misuse of Website resources in a manner that impairs Website performance may result in termination of your access to the Website.
  5. WHILE KLAS’ GOAL IS ACCURACY, KNOW THIS. THE WEBSITE, MATERIALS, AND ALL OTHER SERVICES AND FACILITIES HOSTED ON THE WEBSITE ARE PROVIDED “AS IS”, AND KLAS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. KLAS does not warrant that the Website or Materials are or will be error-free. KLAS disclaims any liability for damages caused by the contents of the Website, Materials, or your reliance thereon. KLAS’ TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE MATERIALS OR ANY OTHER SERVICE OR FACILITY HOSTED ON THE WEBSITE WILL BE LIMITED TO DIRECT DAMAGES, WHICH WILL NOT EXCEED THE FEES YOU PAID TO KLAS DURING THE 12 MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL KLAS BE LIABLE FOR LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, MATERIALS, OR ANY OTHER SERVICES OR FACILITIES HOSTED ON THE WEBSITE, REGARDLESS OF WHETHER KLAS HAS NOTICE OF THE POTENTIAL FOR SUCH LOSS OR DAMAGE.
  6. KLAS IS HEADQUARTERED IN UTAH; IF YOU HAVE A CONCERN, CONTACT US. The terms of this Agreement and all rights and obligations of you and KLAS are governed by the laws of Utah, irrespective of any conflict of law provisions, except as Utah law may be preempted or superseded by the laws of the United States. Should any dispute arise between the parties out of or relating in any way to your use of the Website, the Materials, or any other services or facilities hosted on the Website, you agree that any legal action or suit regarding such dispute will be submitted exclusively to the state court located in Utah County, Utah or to the federal court located in Salt Lake City, Utah. Each party hereby consents and stipulates to be subject to the jurisdiction and venue of such courts.
  7. COMPLY WITH APPLICABLE LAWS. You may not use the Materials or any other services or facilities hosted on the Website if you are the subject of US sanctions prohibiting such use or of sanctions consistent with US law imposed by the governments of the country where you are using the Website. You must comply with all US laws and the laws of all other applicable jurisdictions when using the Website, Materials, and any other services or facilities hosted on the Website.
  8. IN CASE A PROVISON IS NOT ENFORCEABLE. If any term of this Agreement is invalid or unenforceable, it will be severed, and the remaining terms of this Agreement will remain in full force and effect.

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