Terms of Use
Welcome to the rater8.com (“rater8.com”, “rater8”, “we”, or “us”) websites, including this rater8.com website and any affiliated websites (including, without limitation, rater8.com, together collectively referred to as the “Website”).
Please review the following terms and conditions (“Terms”) concerning your use of and access to the Website. By accessing, using and/or downloading any materials or content from the Website, you agree to follow and be bound by these Terms. If you do not agree with these Terms, you may not use the Website.
Any user under the age of 18 must have their parent or guardian create their account on the Website, and have their parent or guardian’s consent with regard to use of the Website.
rater8 provides the services on the Website as method for its users to provide feedback to rater8 clients with whom they interact regarding such client’s associated services. rater8 is not a medical provider and does not provide, review the accuracy of, endorse or otherwise affect the substance of any medical information. rater8.com has no control over the information provided by users on the Website.
Users should consult directly with their physicians or other medical representatives for any health questions or concerns. Your use of the Website, and any all information and material contained therein, including but not limited to the materials, content and submissions, is solely at your own risk. You should always seek the advice of qualified, professional medical providers with regard to any medical problem, condition, or situation you may have.
General Provisions
Content, Specifications and Accuracy of Information: The information on the Website may be inaccurate, incomplete or out of date. We make no representation that any information on the Website is complete, accurate, or current.
All features, content, specifications, products, and services described or depicted on the Website are subject to change at any time without notice.
Use of Website Content: All materials provided on the Website by rater8, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials”), are provided either by rater8 or by third party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of rater8 and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of rater8 and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Materials contained on the Website on any other server without rater8’s prior express written permission.
Except where expressly provided otherwise by rater8, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of rater8’s intellectual property rights, whether by estoppel, implication, or otherwise. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by rater8. rater8 does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by rater8.
Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information. You agree to accept responsibility for all activities that occur under your account or password.
Termination: You or we may suspend or terminate your account or your use of the Website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Website at any time without notice.
Authorized Agents
If you are using the Website on behalf of another person (“Person”), you (“Authorized Agent”) are subject to these Terms, and you agree: (1) that the information you provide on the Person’s behalf will be accurate and thorough, (2) that the Person has agreed to allow you to use the Website on the Person’s behalf and has provided you with all the necessary verbal or written consent to permit you to use the Website on his or her behalf, (3) that you will use the Website solely on behalf of, and for the benefit of the Person, (4) that you will periodically review and update the information as necessary to provide complete and accurate information on behalf of the Person, (5) that you will immediately remove any information entered on the Person’s behalf when instructed to do so by the Person, and (6) that the Person understands these Terms and agrees to them.
Links to Third-Party Sites
The Website may contain links or have references to websites controlled by parties other than rater8, whether for clinical content or specifically for advertising purposes. rater8 is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. rater8 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by rater8 of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by rater8. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
Submissions
Except where expressly provided otherwise by rater8, all comments, feedback, information and data submitted by users to rater8.com through, in association with, or in regard to the Website and/or any other rater8 goods or services (“Submissions”) shall be considered non-confidential and rater8’s property. This may not include copyright ownership of images, including but not limited to photographs and videos which you may upload, but does include an express license to use said images in any method rater8 sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly stated in the preceding sentence, by providing such Submissions to rater8, you agree to assign to rater8 as consideration in exchange for the use of the Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant rater8 these rights. rater8 shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not rater8, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) otherwise harms or can reasonably be expected to harm any person or entity; or, (e) contains PHI.
rater8 reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any rater8.com site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including any rater8.com site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, rater8 reserves the right to cancel or suspend your account. Furthermore, rater8 reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using rater8 for improper purposes, or any purpose inconsistent with its business.
Limitation of Liability
To the extent allowed by law, in no event shall the aggregate liability of rater8 exceed the amount paid to rater8 in the immediately preceding twelve months. In no event shall rater8 or the third party providers be liable to anyone for any indirect, punitive, special, exemplary, incidental, or consequential damages, or for any damages to your computer, telecommunication equipment, or other property and/or for loss of data, content, images, revenue, profits, use or other economic advantage, arising out of, or in any way connected with these terms, including but not limited to the accessing or use of, or inability to use, the website and the services associated therewith including but not limited to the downloading of any materials, regardless of cause, whether in an action in contract or negligence or other tortious action, even if the party from which damages are being sought or the third party provider have been previously advised of the possibility of such damages. The limitation of liability set forth in this section shall not apply in the event of user’s breach, or related to its indemnity obligations. This paragraph shall not affect the rights listed below in the section titled “indemnities”.
Licenses From rater8.com
You are being granted only a revocable, limited license, in compliance with these terms.
Licenses From You
You grant to rater8 and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, content or other materials, provided to rater8 by you in the course of accessing and/or using the Website. Notwithstanding the foregoing, rater8’s obligations regarding identification and other information concerning your personal information shall be governed by the terms of the Privacy Policy. The terms of the Privacy Policy are expressly incorporated herein as though set forth in full.
Representations and Warranties
Each party represents and warrants that it has the power and authority to agree to these Terms. rater8 warrants that it will provide the Website and all goods and services in a manner consistent with its business practices, as rater8, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual other than yourself, you represent and warrant that you have the proper authority to agree to these Terms their behalf.
Disclaimer of Warranties
Except where expressly provided otherwise by rater8, the Website and Materials on the Website are provided “as is,” and are for use as stated herein. Except for the express warranties set forth herein, rater8 and its third party providers hereby disclaim all express or implied representations, warranties, guaranties, and conditions with regard to the Website, the Materials, and the goods and services associated therewith including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and quality of goods and services except to the extent that such disclaimers are held to be legally invalid. rater8 and its Third Party Providers make no representations, guaranties or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the Website and the goods, services and/or Materials associated with the Website, or the results you may obtain by accessing or using the Website and/or the goods, services and/or Materials associated therewith. Without limiting the generality of the foregoing, rater8 and its Third Party Providers do not represent or warrant that (a) the operation or use of the Website or Materials will be timely, secure, uninterrupted or error-free; (b) the quality of any products, services, information, or other material you purchase or obtain through the Website will meet your requirements; or (c) the goods, services, Materials, or the systems that make the services and Website available are free of viruses or other harmful components. You acknowledge that neither rater8 nor its Third Party Providers control the transfer of data over communications facilities, including the internet, and that the Website and services and/or Materials associated therewith may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. rater8 is not responsible for any delays, delivery failures, or other damage resulting from such problems. Except where expressly provided otherwise by rater8, the Website and the goods, services and/or Materials associated therewith are provided to you on an “as is” basis. rater8 expressly disclaims any warranty related to the quality of goods and/or services and the persons or businesses referenced on the Website. You use Third Party providers and affiliated services at your peril and assume all risks related to use of said Third Party Providers and services.
Indemnities
You shall defend and indemnify rater8 and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) finally awarded against rater8 or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you and your use of the Website and/or the goods, services or Materials associated with the Website any Submissions made by you to the Website. rater8 shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website and/or the goods, services or Materials associated with the Website; (b) the combination of the Website and/or the goods, services or Materials associated with the Website with any other products, services, or Materials; or (c) any third party products, services, or Materials.
Your Responsibilities
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which rater8 controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.
Notices
rater8 may give notice by means of a general notice on the Website, or by electronic mail to your e-mail address if on record in rater8’s account information. You may give notice to rater8 at any time by letter sent by confirmed facsimile to rater8 by letter delivered by registered mail with return receipt to: rater8, LLC, 160 West 66th Street, New York, NY 10023. All notices shall be deemed to have been given four days after mailing or 36 hours after email transmission or posting to the Website.
Miscellaneous Provisions
Any action related to these Terms will be governed by New York law and controlling U.S. Federal law. No choice of law rules of any jurisdiction will apply. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms or the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in New York, and to arbitration as stated herein. At the request of rater8, any controversy or claim related to these Terms (“Claim”) may be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”). In the case of arbitration, the Act will apply even though these Terms provide that they are governed by the laws of New York. Arbitration proceedings will be determined in accordance with the Act. This paragraph does not limit the right of rater8 to exercise any and all legal, judicial, or self-help remedies, including without limitation, injunctive relief or additional or supplementary remedies.
These Terms, together with the applicable Privacy Policy, represent the parties’ entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. rater8 reserves the right to change these Terms or its policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between rater8.com and you as a result of these Terms or use of the Website. You may not assign these Terms without the prior written approval of rater8. Any purported assignment in violation of this section shall be void. rater8 reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or Materials associated therewith. The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by rater8.
Intellectual Property Notices
Elements of the Website are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by rater8.
Medical Offices and Protected Health Information
The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) as modified and amended by the Health Information Technology for Economic and Clinical Health (“HITECH”) Act of 2009 contains provisions regarding the use and disclosure of Protected Health Information (“PHI”). PHI includes any information about health status, provision of health care, or payment for health care that can be linked to a specific individual and any part of a patient’s medical record or payment history.
You are prohibited from submitting or posting PHI to the Website and rater8 hereby expressly disclaims any responsibility for any such action by you.
rater8 has no ability to control and is not responsible or liable for the use or disclosure of your Protected Health Information by anyone when your Protected Health Information is part of the content of a submission to the Website, even if inadvertent; and rater8 has no ability to control and is not responsible or liable for any download, sharing, publishing, or further distribution or dissemination of such Protected Health Information by others after receipt of the communication.
rater8 has no ability to control and is not responsible or liable for the use or disclosure of your Protected Health Information by a recipient of any communication made by you or on your behalf by an Authorized Agent when your Personal Health Information is included in a communication, even if inadvertent, and rater8 has no ability to control and is not responsible or liable for any further distribution or dissemination of such Protected Health Information by the recipient or any further distribution or dissemination of such Protected Health Information after receipt, whether authorized by the recipient or not.
