Terms and Conditions
NOTE: The laws and rules discussed here are based on Federal laws. Your state laws may vary and in some instances are more restrictive. Consult your healthcare attorney regarding these differences.
Warranties Disclaimed. THE HRRS WEB SITES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER HRRS, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "HRRS PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE HRRS WEB SITES OR HRRS CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE HRRS WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE HRRS WEB SITES WILL MEET YOUR EXPECTATIONS; OR (iv) HRRS CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE HRRS WEB SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Limitation of Liability. THE HRRS PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE HRRS WEB SITES AND/OR ANY HRRS CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE HRRS WEB SITES AND/OR HRRS CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE HRRS WEB SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE HRRS WEB SITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE HRRS WEB SITES; (vii) FROM ANY DELAY OR FAILURE OF THE HRRS WEB SITES ARISING OUT OF CAUSES BEYOND HRRS'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE HRRS CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE HRRS WEB SITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEB SITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE HRRS WEB SITES OR HRRS CONTENT.
In the event you are dissatisfied with or dispute these Terms of Use, the HRRS Web sites and/or the HRRS Content, your sole right and exclusive remedy is to terminate your use of the HRRS Web sites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that HRRS has no other obligation, liability or responsibility to you or any other party.
Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND HRRS'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the HRRS Parties from and against all claims arising from or in any way related to your use of the HRRS Web sites and/or HRRS Content, a violation by you of these Terms of Use, or any other actions connected with your use of the HRRS Web sites and/or HRRS Content, including any liability or expense, losses, DAMAGES (actual and consequential), suits, judgments, litigation costs and attorneys fees. HRRS will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the HRRS Parties other than under this Section.
Term and Termination. These Terms of Use will take effect at the time you begin accessing the HRRS Web sites. HRRS reserves the right, with or without notice, at any time and for any reason to deny you access to the HRRS Web sites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the HRRS Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the HRRS Web sites, including any HRRS Content, in your possession.
Arbitration; Venue. Any controversy or claim you have arising out of or relating to these Terms of Use shall be brought solely by you as an individual and not as part of, or as a representative of, a class. To the fullest extent permitted by law, any controversy or claim you have shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. The arbitration shall be held in Fort Lauderdale, Florida. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator's award shall be final and binding. The courts of the State of Florida and/or the United States District Court for the Southern District of Florida shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any controversy or claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. HRRS reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.
Governing Law. These Terms of Use and all matters regarding your use of the HRRS Web sites shall be governed by, construed in accordance with, and enforced under the laws of the State of Florida applicable to contracts made and executed and wholly performed in the State of Florida, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods applies and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
Waiver and Severability. The failure of HRRS to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect. Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitute the entire agreement between you and HRRS relating to the HRRS Web sites and its use by you, and supersedes any previous written or oral communication regarding use of the HRRS Web sites. The HRRS Web sites are intended to be consistent with and in furtherance of HRRS's policies adopted by HRRS.
Contact Information. If you have any questions or concerns regarding these Terms of Use or the HRRS Web sites, please visit our "Contact Us" page.
Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the HRRS Web sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Use of HRRS Web sites and HRRS Content outside of the United States. HRRS makes no claims regarding access or use of the HRRS Web sites or the HRRS Content outside of the United States. If you use or access the HRRS Web sites or the HRRS Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
