License Agreement

LICENSE AND LEGAL TERMS OF SERVICE

This License and Legal Terms of Service ("Terms of Service" or "Agreement") apply to the quickhit.healthinfotechincs.com website (the "Web Site") owned and operated by Health Infotechnics LLC ("HIT"). Whenever these Terms of Service refer to "we", "our", or "us", they are referring to HIT.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE YOU AND THE COMPANY ON WHOSE BEHALF YOU ARE USING THIS WEB SITE BECOME LEGALLY BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEB SITE.

HIT reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these Terms of Service when you visit this Web Site for changes. Your continued use of this Web Site following the posting of changes to these Terms of Service will mean you accept those changes and the most recent version of these Terms of Service. We will notify you of any material changes.

If you access the Web Site from outside the United States, you do so solely at your own risk, and you are responsible for your compliance with the laws of the jurisdiction from which you access the Web Site. You may see information on this Web Site about products not available or authorized in your country.

PRIVACY STATEMENT

Use of the Web Site is subject to the terms of the HIT Privacy Policy [insert link], which privacy policy is incorporated by reference into these Terms of Service.

YOUR USE OF THE WEB SITEM

You represent and warrant that you are 18 years of age or older and that you have the right and ability to enter into these Terms of Service.

You agree to comply with these Terms of Service. You will not use the Web Site in any unlawful manner or for any unlawful purpose. You shall not send any electronic communications to other parties through this Web Site for any purpose other than personal communication, including to advertise or sell goods or services, or as a mass distribution medium to communicate any unsolicited messages. You agree not to post or transmit a message (i) under a false name; (ii) that is libelous, defamatory, obscene, fraudulent, false or contrary to any person's intellectual property or proprietary rights; or (iii) that contains any virus, worm, trojan horse or other malicious code.

Users of a this Web Site may be subject to international, federal, state and local laws, including but not limited to laws regulating the privacy and security of health information, professional licensure, and the practice of medicine (collectively, "Laws"). As a User you are solely responsible for your use of this Web Site being in compliance with all applicable Laws. HIT takes no responsibility for, and makes no representations or warranties concerning, the privacy, confidentiality, or security or the accuracy of any information entered, disclosed, or transmitted to third parties through this Web Site by a User. HIT makes no representation about the compliance of the Web Site, or your use of the Web Site, with any Laws.

You are fully responsible for protecting the confidentiality of your user ID and password and you promise not to disclose these to any party not authorized to use the Site on behalf of your company.

LICENSE TO USE QUICKHIT REPORTS

The QuickHit reports ("Reports") available on this Web Site may be downloaded and printed for the Fees indicated on the Site. Upon payment for and selection of one or more Reports, HIT grants you a non-exclusive, revocable, restricted license to copy and use the Reports solely for your own internal business use (i.e., within your company only) without the right to sublicense the reports or transfer your rights to any third party except for contractors performing services for you, and then only if those contractors agree to use the Reports solely for the purpose of performing services for you and for no other purpose and to be bound by the terms of this Agreement regarding their use of the Reports ("License"). You acknowledge that (i) this Agreement does not transfer any interest in the ownership or title of any portion of the Reports; and (ii) you do not own any portion of the Reports. Without limiting the generality of the foregoing, you shall not, or knowingly permit any third party to, (a) copy, modify, market, reproduce, sell or distribute the Reports other than in strict accordance with this Agreement; (b) modify or create derivative works based upon the Reports; (c) sell, distribute, rent, lease, grant a security interest in, or otherwise transfer or attempt to transfer any rights in or to the Reports; or (d) remove, alter or deface any legends, restrictions, product identification, copyright, trademark or other proprietary notices from the Reports. YOU SHALL (A) NOTIFY HIT PROMPTLY IF AND WHEN IT BECOMES AWARE OF ANY USE OR DISCLOSURE OF ALL OR PART OF THE REPORTS NOT AUTHORIZED BY THIS AGREEMENT, AND (B) BE RESPONSIBLE FOR ALL THE COST AND ALL LIABILITY OR RISK OF LOSS ASSOCIATED WITH THE USE BY YOU OF THE REPORTS OTHER THAN AS CONTEMPLATED BY AND IN ACCORDANCE WITH THIS AGREEMENT. THE RIGHTS SET FORTH IN THIS SECTION REPRESENT YOUR ONLY RIGHTS WITH RESPECT TO THE USE OF ALL OR ANY PORTION OF THE REPORTS. ANY USE OF ALL OR ANY PORTION OF THE REPORTS OUTSIDE THE SCOPE OF SUCH RIGHTS IS STRICTLY PROHIBITED.

USE OF OTHER CONTENT

HIT has used reasonable efforts in collecting, preparing, and providing quality content and material in addition to the Reports ("Content"), but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to the Web Site. Users of content from the Web Site or its links do so solely at their own risk.

HIT authorizes you to view or download a single copy of the Content solely for your internal noncommercial use if you include this copyright notice: "Copyright © ____ - 2005, HIT. All Rights Reserved," as well as any and all other copyright and proprietary rights notices contained in the material. Otherwise, no Contents may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

The Content is protected under U.S. and foreign copyright laws, with title to the Content remaining with HIT and/or its licensors. Any unauthorized use of the Content constitutes a breach of these Terms of Service. Modification of the Content or use of the Content for any other purpose is a violation of HIT's intellectual property and other proprietary rights. The use of any Content on any other web site or networked computer environment is expressly prohibited. The Content is subject to change without notice at HIT's discretion. Any and all rights that are not expressly granted hereunder are reserved to HIT and its licensors.

The names of HIT's products and services listed on this Web Site are protected by United States and foreign trademark laws and are owned by HIT.

If you violate any of these Terms of Service, you are violating your Agreement with HIT and may be violating intellectual property, unfair competition and other Laws. In the event you violate any of these Terms of Service, HIT hereby automatically revokes and terminates your permission to use the Contents and this Web Site immediately, and requires you to immediately destroy any copies you have of any portion of the Contents.

LINKING TO THIS WEB SITE

Unless you have a written agreement in effect with HIT which states otherwise, you may only provide a hypertext link to the Web Site on another web site, provided that (a) the link must be a text-only link clearly marked "www.[quickhit url].com Home Page" or "www.quickhit.com", (b) the link must "point" to the URL and not to other pages within the Web Site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with HIT's name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by HIT, (e) the link, when activated by a user, must display the Web Site full-screen and not within a "frame" on the linking website, (f) the link will not be used in connection with or appear on a web site that a reasonable person may consider offensive, obscene, defamatory or otherwise malicious, and (g) HIT reserves the right to revoke its consent to the link at any time in its sole discretion. If HIT revokes such consent, you agree to immediately remove and disable any and all of your links to the Web Site.

FORUMS AND PUBLIC COMMUNICATION

"Forum" means a discussion group, chat area, question and answer forum, bulletin board, news groups, letters to the editors, webmaster(s) or employees, or e-mail function offered as part of this Web Site, and includes any portion of the Web Site or posting to which other users have access. You shall not upload to, distribute through, or otherwise publish through a Forum on this Web Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.

As a User you are solely responsible for your use of any Forum, including for your own communications of any information, including images, the consequences of posting those Communications or requesting Communications from other Users, and your reliance on any Communications found or accessed through use of the Web Site. HIT provides users access to the Forums as a convenience and a forum for the exchange of ideas or information only. Forums are not intended to provide professional advice or counseling or to establish any privileged, confidential, professional or fiduciary relationship. HIT does not endorse, and is not responsible or liable for, the accuracy or reliability of any Communication. HIT provides no representations or warranties regarding the competence or professional credentials of any User. It is the sole and exclusive responsibility of each User to evaluate the accuracy and/or completeness of any Communications and the credentials of any other User. Under no circumstances will the HIT be liable for any loss or damage caused by a User's reliance on any Communication.

In consideration of being allowed to use any Forum, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

Using the Forum for any purpose in violation of any Laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by HIT in its sole discretion;
Posting advertisements or solicitations of business;
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying this Tool, or which, in the judgment of HIT, exposes HIT or any of its customers or suppliers to any liability or detriment of any type.

HIT reserves the right (but is not obligated) to do any or all of the following:

Record all Communications.
Investigate an allegation that a Communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the Communication(s).
Remove Communications which are, in the sole discretion of HIT, abusive, illegal, dangerous, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a User's access to this Tool upon any breach of these Terms and Conditions.

HIT has no liability or responsibility to Users for performance or nonperformance of the foregoing activities

The Forums shall be used only in a noncommercial manner. You may not, without the express approval of HIT, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of this Web Site to join or become members of any commercial online or offline service or other organization is expressly prohibited. Any messages, suggestions, ideas, Forum postings or concepts that are submitted to HIT via this Web Site shall become, and remain the property of HIT. Furthermore, HIT is not responsible for the confidentiality of any information communicated to this Web Site and such information will be considered non-personal, non-confidential and non-proprietary. By communicating material to any Forum on the Web Site, you agree that HIT has the right to publish the material in products or publications for any purpose, including, but not limited to, advertising and promotional purposes. You agree not to take action against HIT or any of its officers, employees or managers in relation to material that you submit to any Forum.

LIABILITY OF HIT AND ITS LICENSORS

USE OF THE WEB SITE AND ITS CONTENTS IS AT YOUR OWN RISK. HIT ASSUMES NO LIABILITY FOR OR RELATING TO ANY DELAYS, FAILURES, INTERRUPTIONS, OR CORRUPTION OF ANY DATA OR OTHER MATERIAL OR INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE WEB SITE. THE WEB SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS.

HIT, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

HIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HIT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

IN NO EVENT SHALL HIT, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, OR DAMAGES ARISING OUT OF THE LOSS OF DATA OR BUSINESS INTERRUPTIONS) RESULTING FROM THE USE OF OR INABILITY TO USE THE WEB SITE AND RELATED CONTENTS, BASED ON ANY LEGAL THEORY, AND WHETHER OR NOT ANY OF THE AFOREMENTIONED PARTIES ARE INFORMED OR ADVISED OF THE POSSIBILITY OR REALITY OF SUCH DAMAGES. HIT, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE HIT WEB SITE, ARE NOT LIABLE FOR ANY PERSONAL INJURIES, INCLUDING DEATH, THAT MAY ARISE FROM YOUR USE OR MISUSE OF THE WEB SITE OR ITS CONTENTS (INCLUDING, WITHOUT LIMITATION, ANY WEBSITE LINKED TO THE WEB SITE), OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF.

HIT MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT:

If you believe any materials accessible on or from the Web Site infringe your copyright or the copyright of someone on whose behalf you are authorized to act, you may request removal of those materials (or access thereto) from this Web Site by contacting our copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

Our agent for copyright issues relating to this Web Site is as follows:
[Web Site Address and contact info]\

Or call: [number]

In an effort to protect the rights of copyright owners, this Web Site maintains a policy for the termination, in appropriate circumstances, of subscribers and registered users of the Web Site who are repeat infringers.

ADVERTISEMENTS AND LINKS TO OTHER WEBSITES

HIT may provide links to third-party web sites, including a link to the "PayPal" web site for purposes of your payment for Reports. HIT also may select certain sites as priority responses to search terms you enter and HIT may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. HIT does not recommend or endorse, and is not responsible for nor makes any representations regarding the accuracy of, the content of any third-party websites, advertisements, and/or sponsored content appearing on or linked from the Web Site. Any reference made by the Web Site to any specific commercial product, process, or service (or provider of such product, process, or service) other than of HIT by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by HIT. Your use of any third-party web sites linked, products advertised, or sponsored content is solely at your own risk.

For the convenience of its users, the Web Site may contain links to web sites not owned or operated by HIT. HIT does not review, control or monitor any other web sites or their contents. These other web sites may contain information about uses of HIT products or services that have not been approved in the United States. HIT does not endorse this type of information, and is not responsible for the performance of those web sites or your interactions or dealings with them. Your use of those web sites are not governed by these Terms of Service.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, AND/OR DEMANDS, DAMAGES, LIABILITIES, AND SETTLEMENTS, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO HAVE RESULTED FROM, YOUR VIOLATION OF ANY AND/OR ALL OF THESE TERMS OF USE.

JURISDICTION AND GOVERNING LAW

Exclusive jurisdiction for any dispute with HIT, or in any way related to your use of the Web Site, resides in the courts of the State of Tennessee. Further, you expressly agree and consent to the exercise of personal jurisdiction in the courts of State of Tennessee in connection with any such dispute, including any claim, action, or demand involving HIT or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms of Service are governed by the laws of the State of Tennessee, without regard to any principles of conflicts of laws.

MISCELLANEOUS

If any court having competent jurisdiction finds any provision of these Terms of Service to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall constitute a further or continuing waiver of that term or condition, or any other term or condition. These Terms of Service constitute the entire agreement between you and HIT with respect to your use of the Web Site and its Contents. If any provision of these Terms of Service is found to be invalid by any court of competent jurisdiction, the validity of the remaining provisions shall not be affected and shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The following terms survive the expiration or termination for any reason of this Agreement: Liability of HIT and Its Licensors, Indemnification, Jurisdiction and Governing Law, and Miscellaneous.