TERMS OF SERVICE

  1. Acceptance Of Terms.

    The following agreement outlines your obligations when using the Quality Reviews, Inc. websites available at www.q-reviews.com or www.ratemyhospital.com (the "Sites"), and/or the software applications RateMyHospital®, Q-ReviewsSM, Q-RoundingSM, Q-RemindersSM, Q-PROMSSM for mobile devices (the "Applications") (together the Sites and the Applications are referred to herein as the "Solution"). The Solution is owned and operated by Quality Reviews, Inc. ("Quality Reviews"), and is accessed by you under the terms and conditions of use described below ("Terms of Service"). Please read these Terms of Service carefully before using or otherwise accessing the Solution. By accessing the Solution, or any content on the Site and Application, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service, then you do not have permission to access the Solution or use the content or any services in either the Site or Application. Quality Reviews' acceptance of your use of the Solution is expressly conditioned upon your assent and agreement in full to these Terms of Service, exclusive of any other terms, conditions or modifications.

  2. Modifications Of Terms Of Service.

    Quality Reviews reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the modifications constitute a material change to the Terms of Service, Quality Reviews will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at Quality Reviews' sole discretion, in good faith and using common sense and reasonable judgment. You are responsible for reviewing and familiarizing yourself with any such modifications. Use of the Site or Application by you following such notification constitutes your acceptance of the Terms of Service as modified.

  3. Privacy.

    Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use the Solution to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy and use it to help make informed decisions about what information you share through the Solution. The terms and conditions of Quality Reviews' Privacy Policy is incorporated herein by reference in its entirety.

  4. Intellectual Property And Usage Rights.

    Quality Reviews shall retain all worldwide right, title and interest in the intellectual property of the Solution, and any content contained therein, to the maximum extent permitted by law, including, but not limited to, the trademarks, "look and feel," color combinations, layout, and all other graphical elements of the Solution, and the copyright in and to the original content of the Solution. You should assume that everything you read or see on the Solution is copyrighted or otherwise protected and owned by Quality Reviews, or a third party who licensed the right to use such content to Quality Reviews. Unless otherwise expressly noted, nothing that you read or see on the Solution or other Solution content, or any of the source code or HTML code that Quality Reviews uses to generate the Solution may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Quality Reviews, except as expressly provided in the Terms of Service or otherwise permitted by relevant law. You shall use the Solution solely for your own use and shall not assign, transfer or sublicense your rights to the Solution or otherwise allow others to use the any password-protected part of the Solution under or through your account. You may not use any information found on the Solution for commercial resale or exploitation without the prior written consent of Quality Reviews. You shall not, directly or indirectly, disassemble, decompile, modify, reverse engineer, reproduce, or copy any part of the Solution or any service, software or solution provided through the Solution, including any computer code, or otherwise attempt to determine any software code. You shall not introduce, or permit the introduction of, any viruses, spyware, malware, adware, worms, or other rogue software or routines into any part of the Solution or any computer code contained therein. You shall not, directly or indirectly, create any derivative works or improvements, or otherwise attempt to create or obtain any intellectual property rights, with respect to any part of the Solution.

  5. Customer Data.

    You represent and warrant that you have the right to provide all information you make available to Quality Reviews, and to grant the licenses provided in this Section 5. You are and shall continue to be the sole and exclusive owner of all proprietary customer data, including any "Protected Health Information (as defined in 45 CFR § 160.103 ), that you share via the Solution ("Customer Data"). Notwithstanding the foregoing, you hereby grant to Quality Reviews a nonexclusive, royalty free, perpetual, irrevocable, worldwide, and sub-licensable right and license to aggregate, compile, decompile, manipulate, reproduce, modify, supplement, adapt, translate, create derivative works from, distribute, publish, disclose and otherwise use de-identified Customer Data for all purposes, including, without limitation, commercial purposes; provided, however, to the extent any Customer Data constitutes Protected Health Information, the license and right granted herein shall be subject to the terms and conditions of a business associate addendum and applicable laws where applicable.

  6. Warranty Disclaimers; Limitation of Liability.

    Quality Reviews makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of any information found on the Solution and assumes no responsibility for any errors or omissions therein. You access the Platform at your own risk. THE PLATFORM IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE BY LAW. Neither Quality Reviews nor its affiliates, employees, agents or third party content providers shall be liable for any loss resulting from the use or unavailability of information or content on this Solution, including but not limited to any lost profits, loss or damage to data, or any indirect, special, consequential or other such damages. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF QUALITY REVIEWS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. Quality Reviews shall not be liable for criminal, tortuous, or negligent actions or omissions of third parties that affect the Solution. In no event will Quality Reviews or its affiliates, employees, agents or third party content providers be held liable for any damage to equipment or hardware or other property, or personal injury that arises in connection with the use of, or inability to use, the Solution, or any content included in or otherwise made available to through the Solution. THE MAXIMUM LIABILITY OF QUALITY REVIEWS TO YOU ARISING OUT OF OR RELATED TO THE PLATFORM OR ANY SERVICE,OR PLATFORM PROVIDED THROUGH THE PLATFORM OR OTHERWISE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED IN THE AGGREGATE THE ANNUAL SUBSCRIPTION FEES (IF ANY) PAID TO QUALITY REVIEWS FOR THE MOST RECENT ANNUAL PERIOD WITH RESPECT TO SUCH SERVICE OR PLATFORM.

  7. Special Notice Regarding Mental Health Patients.

    If you enter into a RateMyHospital or Quality Reviews Solutions Subscription Agreement with Quality Reviews (a "Subscription Agreement") and have requested Quality Reviews to provide surveys to patients receiving mental health services from you or your facility, you acknowledge and agree to assume all risks and liabilities associated with non-compliance with all state and federal laws associated with the protection of mental health records and patient privacy, including all penalties, fines and costs associated with investigations, regulatory actions, violations and breach notification requirements.

  8. Indemnity.

    You agree to indemnify and hold Quality Reviews and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including attorneys' fees, due to or arising out of your use of the Solution, breach of the Terms of Service or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party. Quality Reviews reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. The indemnification obligation and Quality Reviews' right to exclusive defense provided for herein shall survive this Terms of Service and your use of the Solution.

  9. Quality Reviews Publicity and Press Policy.

    If you enter into a Subscription Agreement, you agree that Quality Reviews may issue a press release announcing that you have established a relationship with Quality Reviews and are utilizing the services provided through the Solution. If you enter into a Subscription Agreement, Quality Reviews may use your name as a Quality Reviews customer on the Quality Reviews website, in Quality Reviews corporate presentations and materials, advertising, press releases, and in conversations with prospective customers and may prepare and distribute a case study describing your experience with Quality Reviews with your prior approval, which approval will not be unreasonably withheld or delayed. If requested by Quality Reviews, you agree to complete a project survey regarding each service Quality Reviews is providing to you, and Quality Reviews may share the contents of such survey with its customers and prospects.

  10. HIPAA and Regulatory Matters.

    In connection with your use of the Solution and the services and content provided thereon, you may disclose, or cause to be disclosed, to Quality Reviews certain Customer Data that constitutes Protected Health Information (as such term is defined under the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA")). In addition, if you are using the Solution as a Covered Entity (as such term is defined in HIPAA) and have entered into a Subscription Agreement with Quality Reviews, you may receive access to certain Customer Data that constitutes Protected Health Information. In such case you, agree that you will comply with all provisions of HIPAA relating to the use and disclosure of Protected Health Information, and comply with the terms of the applicable business associate agreement or addendum (each, a "BAA") which you have executed with Quality Reviews. You further agree that you will cooperate in good faith to take any such future steps as are necessary to confirm or establish compliance, including the execution or modification of business associate agreements to comply with HIPAA. In the event of a conflict between these Terms of Service and a BAA relating to your Protected Health Information, the terms of the applicable BAA shall control. If either party terminates a BAA in accordance with its terms, any agreement, including these Terms of Service, pursuant to which Quality Reviews provides to you a corresponding service, solution or software that requires the receipt, use or disclosure of Protected Health Information will co-terminate with such BAA. Each party's rights and obligations with respect to Protected Health Information, in the event of termination of the BAA or any other agreement with Quality Reviews, shall be governed by the terms of the BAA.

  11. Hyperlink Policy.

    The Solution may contain links to third party websites that are not owned, operated or controlled by Quality Reviews. Any such link is provided only as a convenience. The inclusion of any link does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Quality Reviews of any information contained in any third party website. In no event shall Quality Reviews be responsible for the information contained on that website or your use of or inability to use such website. You should also be aware that the terms and conditions of such website and the website's privacy policy may be different from those applicable to your use of the Solution. Quality Reviews does not object to links on third-party sites to the homepage of the Solution in an appropriate context. However, "framing" or "mirroring" the Solution or any of its content is prohibited without the prior written consent of Quality Reviews.

  12. Trademarks And Trade Names.

    Quality Reviews, graphics, logos, designs, page headers, button icons, scripts, and other service names are the trademarks and trade names of Quality Reviews. Quality Reviews' trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

  13. Electronic Communications.

    We use reasonable security measures and take reasonable system, process and administrative precautions to protect the security and integrity of email and other electronic communications that you may send to us. Despite all these precautions, no method of transmission over the Internet is entirely secure and we cannot guarantee the confidentiality or security of your electronic communications or its contents. You transmit such information at your own risk and you should decide very carefully which information you want to send us via any electronic communication.

  14. Security.

    Users are prohibited from violating or attempting to violate the security of the Solution. Quality Reviews will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

  15. Miscellaneous.

    Excluding the terms and conditions of any Subscription Agreement, BAA and/or other client agreement you may have entered into with Quality Reviews, the Terms of Service constitutes the entire agreement between you and Quality Reviews regarding the subject matter hereof. You may not assign the Terms of Service or any of your rights or obligations under the Terms of Service without Quality Reviews' express written consent. If you breach any term of the Terms of Service, Quality Reviews may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Quality Reviews' remedies are cumulative and not exclusive. Failure of Quality Reviews to exercise any remedy or enforce any portion of the Terms of Service at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. In the event that any provision or any portion of any provision of the Terms of Service shall be held to be void or unenforceable, the remaining provisions of the Terms of Service (and the balance of any provisions held void or unenforceable in part only) shall continue in full force and effect. Users of the Solution are responsible for compliance with all applicable regulations and laws. In the event of a conflict between these Terms of Service and any other document or agreement, these Terms of Service shall control, except as specifically set forth otherwise in these Terms. You agree to resolve any claim, cause of action or dispute (together a "claim") you have with Quality Reviews arising out of or relating to the Solution or the Terms of Service exclusively in a state or federal court located in New York County, New York. The laws of the State of New York will govern the Terms of Service, as well as any claim that may arise between you and Quality Reviews, without regard to conflict of law principles. You agree to submit to the exclusive personal jurisdiction of the courts of the State of New York, located in New York County, for the purpose of litigating all such claims. In any dispute arising under the Terms of Service, the prevailing party will be entitled to reasonable attorneys' fees and expenses. Any dispute arising hereunder or related to your use of the Solution shall be solely between you and Quality Reviews, and to the fullest extent permitted by law, no dispute or proceeding shall be joined with any other or decided on a class-action basis.

Twilio Short Code Terms of Service

  1. You can cancel the SMS service at any time. Just text "STOP" to 74153. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to start receiving SMS messages again, just text the word "START" to 74153.

  2. If at any time you forget what keywords are supported, just text “HELP” to 74153.

  3. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

  4. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

  5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive {message frequency}. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to info@q-reviews.com.

  6. If you have any questions regarding privacy, please read our Privacy Policy