Terms of Use

Effective Date: October 23, 2018

The following governs your use of all the web pages hosted by ZuRock Health LLC, a Delaware Limited Liability Company, and any affiliates or partners owned or managed by ZuRock Health, LLC (collectively referred to as “ZuRock Health”, “we” or the “Site”). By accessing or using the Site, you expressly agree and consent to the following terms and conditions. If you do not accept the following terms and conditions, then do not use this Site.

1. WHO DOES THIS APPLY TO? This Agreement is applicable to any User who enters the Site. The definition of a “User” is an end user who either creates a registration on our Site in order to research a hospital information, content, materials or documents (referred to throughout as “Site Content”), whether published by ZuRock Health or created by the User, or makes use of any of the Site’s services. A User also includes anyone who uses any of our products or tools without registering on our Site. These Terms of Use apply to all Site Content and services made available through the Site at any time, including those not available as of the “Effective Date” above.

2. WHAT IS YOUR OBLIGATION AS A USER?

You represent that you are at least 18 years of age and are not prohibited from receiving services under the laws of the applicable jurisdiction. You agree to provide accurate and complete information on the Site’s registration form. You acknowledge that ZuRock Health owns your account and that you have no ownership rights to your account. You agree to abide by the following rules:

You agree not to disseminate your user name or password and that you are responsible for maintaining the confidentiality of your user name and password to protect your personal information. Whether you authorize it or not, you are responsible for any and all uses of your registration.
You agree to notify ZuRock Health immediately of any unauthorized use of your registration and password.
You agree not to present ZuRock Health Site Content (or permit Site Content to be presented) in such a way that it appears to be available from a third-party Web site.
You agree not to delete or revise any material posted by others.
You agree not to breach or attempt to breach the security measures incorporated in the Site or access data not intended for your use.
You agree not to log into a server or account which you are not authorized to use.
You agree that you will not use the Site to advertise or offer to sell or buy any goods or services.
You agree not to use the Site for any unlawful purpose or in any manner that would violate international, federal or local laws or regulations.
You agree not to interfere with the service to any User, host or network.
You agree not to modify, reverse engineer, decompile, translate or disassemble any portion of the Site.
You agree not to forge any TCP/IP packet header or any part of the header information in any e-mail or posting.
You agree to access the Site only through the interfaces provided by the Site or by navigating to https://www.Zurockhealth.com/ using a web browser.
You agree not to use software, devices, script robots, other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other services contained in or on the Site.
You agree not to use or copy information, content or any data you view on and/or obtain from the Site to provide any service that is competitive with the Site.
You agree to report inappropriate postings or conduct to ZuRock Health.
You agree not to print out or create an electronic version of any part of the Site or its contents for the use in any litigation or arbitration matter whatsoever under any circumstances.
You agree not to (i) copy, print (except for the express limited purpose permitted), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Site Content retrieved there from without ZuRock Health ‘s express written permission; (ii) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system,database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism. To the extent you use or obtain Hospital information or other Site Content from ZuRock Health its licensors or the Site, all such information is intended by ZuRock Health for personal use by individual consumers only.

3. PENALTIES FOR IMPROPER USE.

Your violation of any of these Rules may result in civil or criminal liability. ZuRock Health will investigate occurrences relating to such violations and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such violations. If ZuRock Health determines you misled ZuRock Health or violated these rules or the Terms of Use, we reserve the right to terminate this Agreement and your use of the Site. ZuRock Health is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported. It is your responsibility to ensure that your use of the Site complies with these Terms of Use and all applicable laws.

4. LICENSE OF SITE CONTENT.

ZuRock Health grants you a non-exclusive, non-transferable, revocable license to:

access and use the Site strictly in accordance with this Agreement;
use the Site solely for personal, non-commercial uses;
share your content with friends, relatives and trusted advisors for the purpose of assisting you with your personal requirement
Print information from the Site solely for personal, non-commercial purposes maintaining all copyright and other policies contained therein.

5. DATA:

Our data is obtained from the U.S government site for Medicare as well the Centers for Medicare and Medicaid Services; Analysis and hospital evaluation is based on standard deviation from the average performance of hospitals across all states within the database. State and national averages do not include Veterans Health Administration (VHA) hospital. Data for VHA hospitals are calculated separately from data for other inpatient acute-care hospitals.

6. ZUROCK HEALTH DOES NOT PROVIDE MEDICAL ADVICE.

ZuRock Health is not a healthcare institution. By using this Site, you acknowledge and agree that ZuRock Health and its affiliates are not providing medical advice or acting as your physician, and you assume full responsibility for any consequences and costs associated with your use of this Site and as it relates to your health. ZuRock Health strives to keep its hospital information documents accurate, current and up-to-date and is solely dependent on hospital information collected by the Centers for Medicaid and Medicare Services and the United States Government site for Medicare. Please refer to the individual websites: CMS.gov and Medicare.gov for more detailed explanation and methodology for the data. Your health is a personal matter, and no general information on a hospital like the kind provided on ZuRock Health website can fit every circumstance. Furthermore, the medical information contained on the Site or downloadable documentation is not medical advice and is not guaranteed to be comprehensive, complete or up-to-date. Therefore, if you need medical advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed physician in your area. If, prior to my using this site, I believe that ZuRock Health, is giving me any medical advice, opinion or recommendation about my health condition, remedies, defenses, options, selection of hospital or therapy, I will not use this site and any information obtained from this website will be null and void. Use of the site does not constitute medical advice, joint venture or partnership between ZuRock Health and any User or third party.

7. THIRD PARTIES.

Third parties may offer or provide materials through the pages on our Site. You also may obtain access to other sites on the Internet through the pages on our Site. By providing this service, ZuRock Health is not undertaking any responsibility or liability for information or publications of third parties on the Internet even if you access them through these pages. Your dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that third party. You agree that ZuRock Health shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties’ links and/or ads on the Site and ZuRock Health expressly disclaims any responsibility or liability for any material communicated by third parties through these pages or for any claims, damages or losses resulting from the use thereof. We and/or third-parties may make available through the Site message boards, chat functionality and comment features to which you are able to post information and materials (each, a “Forum”). Please be aware that such forums may be provided by a third party and may be subject to the terms and conditions of such third party as well as this agreement.

8. LIABILITY DISCLAIMER.

You expressly understand and agree that ZuRock Health and its parent, subsidiaries, affiliates, officers, employees, agents, partners and licensors or anyone else who has been involved in the creation, production, or delivery of these pages, services, and site content shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data (including, without limitation, any hospital or health information, and any other user information provided in connection therewith) or other intangible losses (even if ZuRock Health has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the site; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the site; or (e) any other matter relating to the site or the site content. ZuRock Health reserves the right at any time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice. you agree that ZuRock Health shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site. if any limitations are held inapplicable or unenforceable for any reason, then ZuRock Health’s maximum liability to you for any non-direct type of damages shall be limited to USD $5.00 in the aggregate. in no event shall ZuRock Health (its parent, subsidiaries, affiliates, officers, employees, agents, partners and licensors or anyone else who has been involved in the creation, production, or delivery of these pages), be liable for any direct damages in excess in the aggregate of USD $5.00. if any part of the exclusions of damages or limitations of liability set forth herein is unenforceable under applicable law, ZuRock Health aggregate liability related thereto will be limited to the maximum extent permitted by law, even if any remedy fails its essential purpose. ZuRock Health cannot and does not check each user’s identity. we are not involved in user-to-user dealings nor do we control the behaviour of participants on any site. therefore, in the event that you have a dispute with one or more users, you release ZuRock health (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. if you are a California resident, you waive California civil code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

9. PROPRIETARY RIGHTS.

The Site and all rights, title and interest in and to the Site are the sole property of ZuRock Health and/or its Affiliates or licensors, and are protected by U.S. copyright and international treaties. ” ZuRock Health” and the ZuRock Health design logo are registered service or trademarks. All related products and service names, design marks and slogans are also the service marks or trademarks of ZuRock Health. In addition, the “look” and “feel” of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are protected by ZuRock Health’s trademarks, service marks and copyrights. Each Hospital or Insurance company (also “Users”) retains ownership of any materials submitted through the Site (each, a “Submission”). However, in order to make Submissions available on the Site and to best provide you with services tailored to such Submissions, ZuRock Health requires certain rights to User Submissions. By submitting materials to our Site, including Documents, the User grants to ZuRock Health and its designees a worldwide, non-exclusive, transferable, royalty-free, fully-paid up, perpetual, irrevocable right and license, without compensation or further notice to you: (i) to use, reproduce, distribute, adapt, edit, modify, create derivative works of, publicly display and publicly perform such Submission, and the contents of such Submission, in any media now known or hereafter developed, for ZuRock Health’s business, marketing and promotional purposes and (ii) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law; By way of further explanation, ZuRock Health would not be able to perform many of the services we offer without your granting ZuRock Health these rights. For example, without the right to “adapt,” we would be unable to make the necessary changes to the Submissions so that the Submissions meet our technical criteria; without the right to reproduce, we would be unable to make copies of Submissions on our servers to post the Submissions. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses as set forth in this section and that such Submission through the Site complies with all applicable laws, rules and regulations. You acknowledge that you are solely responsible for verifying any and all information contained in any Submission, including, without limitation, confirming your own data, terms or language, and that ZuRock Health is not responsible for correcting any information provided to any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. If you have a good faith belief that materials available on the Site infringe your copyright, send ZuRock Health a notice requesting that we remove the material or block access to it and we will investigate the claim and inform you of the results.

10. FITNESS FOR USE.

ZuRock Health makes no representation as to appropriateness or availability for use of any of its Site Content in any particular location. Those who choose to access these pages do so at their own initiative and are solely responsible for compliance with local laws.

11. BINDING ARBITRATION.

This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. If any dispute arises, you must first contact ZuRock Health by email at Admin@zurockhealth.com, so that we can endeavor to resolve the issue. In the event that we cannot resolve a dispute within sixty (60) days of notification, then all disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) as it may be amended from time to time.

12. GENERAL TERMS.

Entire Agreement: This Terms of Use Agreement constitutes the full agreement between you and ZuRock Health and governs your use of the Site, superseding any prior agreements between you and ZuRock Health with respect to the Site.
User Remedies: You acknowledge that, except as expressly provided elsewhere in this Agreement, your only right with respect to any dissatisfaction with any modification or discontinuation of service made by ZuRock Health or any policies or practices in providing this Site or our products, including without limitation any change in content or any change in the amount or type of fees or charges associated with our products, is to cancel your subscription or user account, as applicable. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the ZuRock Health’ services.
Choice of Law and Forum: The Terms of Use and the relationship between you and ZuRock Health shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and ZuRock Health agree to submit to the personal and exclusive jurisdiction of the courts located within Delaware.
You agree to defend, indemnify, and hold harmless ZuRock Health (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site.
Waiver and Sever ability of Terms. The failure of ZuRock Health to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.
Statute of Limitations. 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 the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
ZuRock Health reserves the right to update or amend these Terms of Use at any time without notice.
Term and Termination. This Agreement is effective until terminated. ZuRock Health, at its sole discretion, may terminate your access to or use of the Site, at any time and for any reason. Such termination, including deactivation or deletion of your password and user name, and all related information and files associated with it may happen without prior notice. ZuRock Health is not liable to you or any third party for any termination of your access to the Site or to any such information or files and shall not be required to make such information or files available to you.
For purposes of service messages and notices about the services to you, notice shall consist of an email from ZuRock Health to the email address associated with your account, regardless of any other information we may have. ZuRock Health shall have no liability associated with your failure to maintain accurate contact information.
Customer Service. No customer service representatives used by ZuRock Health are permitted to bind the company or contravene this Terms of Use Agreement. In addition, ZuRock Health expressly disclaims any liability for information provided by its customer service representatives to the extent the information is inconsistent with information set forth herein.
Section Titles. Section titles in this Terms of Use Agreement are for convenience only and have no legal effect.
Privacy Information. Please review our complete Privacy Policy which is fully incorporated by reference into this Terms of Use Agreement.If you have questions about any of the provisions described above,please contact us at Admin@zurockhealth.com