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Ovation Healthcare
WEBSITE TERMS OF USE
Last Modified: March 1, 2023
These Website Terms of Use (together with any documents referenced and incorporated herein, “Terms of Use”) form an agreement between you and Ovation Healthcare (“Ovation,” “we,” “our,” or “us”) regarding your access to and use of our website, located at https://ovationhc.com, including any content, functionality, and services offered on or through https://ovationhc.com (the “Website”), whether you are a guest or a customer. Ovation’s Website is intended for access and use by residents of the United States and nowhere else.
Please read these Terms of Use carefully before you start to use the Website. By using the Website or by placing an order for our classroom, webinar, virtual session, or other services on the Website (the “Services”), you accept and agree to be bound and to abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
If you make a purchase on the Website, your purchase will also be governed by the Terms and Conditions of our third-party platform, Absorb Software Inc. (“Absorb”), which are incorporated herein by reference. For more information about online purchases, see the Online Purchases and Other Terms and Conditions section.
This Website is offered and available to users who are able to enter into an enforceable agreement with Ovation, and by using this Website, you represent and warrant that you are of legal age to form a binding contract with us.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time and each time you make a purchase so that you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend this Website, and any service or product we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms of Use, the Privacy Policy, and the Terms and Conditions.
To access the Website or some of the resources it offers, you may be asked to set up an account and you may be required to provide certain information in order to set up that account. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use, the Privacy Policy, and the Terms and Conditions.
The Website and all content, features, and functionality on the Website (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Ovation, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except for purposes of:
Placing an order with Ovation for the Services; or
Using this Website as a resource, provided you do not modify the Website and that you retain, without modification, all copyright and other proprietary notices contained on the Website.
This permission terminates automatically if you violate these Terms of Use or our Privacy Policy. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Ovation. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Ovation’s name, the terms Ovation, the company logos associated with Ovation, and all related names, logos, product and service names, designs, and slogans are trademarks of Ovation or its respective affiliates or licensors. You must not use such marks without the prior written permission of Ovation. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners
Ovation grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
You agree not to record, download, or otherwise copy any materials on the Website, including, but not limited to, any of the materials provided as part of the Services, any blog posts, press releases, case studies, or other resources offered on the Website, unless we explicitly grant you permission to do so (such as by providing a link to download the material). However, the content on the Website may be displayed, reformatted, or printed on the user’s printer for use as personal reference.
You also agree not reverse engineer or break into the Website, or use any of our materials, products, or Services in violation of any law. Your use of this Website is at the sole discretion of Ovation, and Ovation may terminate your use of this Website at any time and for any reason.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Ovation or any of its affiliates, an employee of Ovation or any of its affiliates, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Ovation or users of the Website, or expose Ovation or any third party to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
We have the right to:
Remove any material on the Website at any time, without notice to you, for any or no reason, in our sole discretion.
Suspend, delete, or revoke access to your account at any time, for any or no reason, including without limitation, any violation of these Terms of Use.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Website. YOU WAIVE AND HOLD HARMLESS OVATION AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
If you believe that any materials on the Website (“Materials”) violate your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact use using the contact information provided in the Contact Us section below and provide the following information:
1. A clear statement identifying the works or marks that you believe to be infringed by the Materials.
2. A statement from the owner, or authorized representative of the owner, of the works or marks that you believe to be infringed and not authorized by the owner.
3. Sufficient information about the location of the allegedly infringing Materials so that we can find and verify their existence.
4. Your name, telephone number, and email address.
5. A statement from you under penalty of perjury that the information supplied is accurate, and that you are the owner or authorized to act on the owner’s behalf.
6. A signature or the electronic equivalent from the owner or authorized representative of the owner.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Ovation, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Ovation. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but we do not guarantee that all content is complete or up-to-date at any given time. You should carefully review items in your shopping cart for accuracy before submitting an order request.
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Certain Services, including our classroom, webinar, and virtual sessions, our offered to you using our third-party platform, Absorb. All purchases of such Services are governed by Absorb’s Terms and Conditions. Your purchase of any of such Services constitutes your agreement to be bound and to abide by Absorb’s Terms and Conditions, which are subject to change at Absorb’s discretion. For more information regarding Absorb’s Terms and Conditions, visit https://www.absorblms.com/legal.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links to sites such as LinkedIn, Twitter, Workday, and other third-party websites. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
While Ovation endeavors to keep the Website accurate and up to date, and we update the content on the Website from time to time, we do not assume the responsibility to keep the content updated at all times, and we do not warrant that the materials on the Website are accurate, complete, or up-to-date at any given time. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Ovation provides this Website from within the United States. Access to the Website may not be legal by certain persons or in certain countries.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OVATION NOR ANY PERSON ASSOCIATED WITH OVATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER OVATION NOR ANYONE ASSOCIATED WITH OVATION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER/CLOUD THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, OVATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OVATION, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Ovation, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule.
By accessing or using the Website, you agree that any past, present, or future claim, controversy, or dispute of any description (the “Dispute”) that you have arising out of, relating to, or in connection with this Website or Ovation (including its respective predecessors, successors, affiliates, subsidiaries, parent companies, agents, employees, representatives, directors, managers, officers, shareholders, assigns, associates, attorneys, distributors, and all other persons acting on its behalf) (“Ovation”) will be settled using the following steps of action, and only as a course of last resort.
All disputes between you or your representative and Ovation shall be resolved by first submitting them to mediation. The mediation will occur in the County of Williamson, Tennessee.
If the Dispute is not resolved through mediation, then the matter shall be submitted to legally binding arbitration in accordance with the applicable Rules and Procedure of the American Arbitration Association (or “AAA”), except the AAA Rules on class arbitration shall not apply. Notwithstanding any Rule or Procedure of the AAA, you agree that the arbitrator shall be restricted to resolving only the Dispute between you and Ovation and will not be allowed to conduct any consolidated or class-wide arbitration proceedings. You waive any right to represent others in a class action or to participate as a class member in any class action.
You agree that the arbitrator selected to resolve the Dispute shall also have exclusive authority to resolve all gateway issues of arbitrability, including without limitation all issues of his/her own jurisdiction; all issues about the formation, interpretation, applicability, validity, or enforceability of this arbitration provision; all issues about what claims or disputes or parties are covered by this arbitration provision; and all substantive or procedural defenses to enforcement of this arbitration provision. You understand that these methods shall be the sole remedy to resolve any controversy or claim arising from or related to the Dispute, and expressly waive your right to file a lawsuit in any civil court against Ovation, except to enforce an arbitration decision or to compel arbitration. Ovation is equally bound by this Mediation and Arbitration provision.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
THE FOREGOING DOES NOT AFFECT ANY STATUTE OF LIMITATIONS THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
No waiver by Ovation of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ovation to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a legally valid tribunal to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use, our Privacy Policy, and the Terms and Conditions constitute the sole and entire agreement between you and Ovation regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
This website is operated by Ovation Healthcare.
If you have any feedback, comments, requests for technical support, requests for the removal of copyrighted or trademarked materials, and other communications relating to the Website, contact:
Customer Service
1573 Mallory Lane, Suite 200
Suite 200
Brentwood, TN 37027
Phone: 615-371-7979
Email: info@ovationhc.com
Learn how we can help solve the unique challenges of your hospital or health system.
Learn how we can help solve the unique challenges of your hospital or health system.
1573 Mallory Lane
Suite 200
Brentwood, TN 37027
615-371-7979
info@ovationhc.com