Use of Web Site

During the applicable subscription period, Cost Report Data Resources, LLC grants to you a non-exclusive, non-transferable license to use the web site and the information and reports available from, or generated by, the web site for your internal business purposes.  You agree to restrict access to your login and password so that no person other than you uses it to gain access to the web site.

You hereby agree to indemnify and hold harmless Cost Report Data Resources, LLC and its officers, managers, employees, members, agents and content providers from and against all costs, claims, sanctions, liability and/or proceedings (including attorney fees and other legal costs) arising from a breach of these terms and conditions by you or any person using your login (whether or not they are authorized to use your login).

Disclaimer of Representations and Warranties

You agree and acknowledge that the information contained in this web site is intended to serve only as a guide and basis for general comparisons and evaluations, but not as the sole basis upon which any specific conduct will be recommended or taken.

THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. COST REPORT DATA RESOURCES, LLC, WHICH OWNS AND OPERATES THE WEB SITE, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THIS WEB SITE AND ANY INFORMATION CONTAINED HEREIN, INCLUDING ANY WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE DATA, COMPILATIONS, INTERPRETATIONS, ANALYSES, REPORTS AND ANY OTHER INFORMATION AVAILABLE THROUGH THIS WEB SITE, OR THE WEB SITE ITSELF. CHANGES TO THE MATERIALS AT THIS SITE MAY BE MADE AT ANY TIME WITHOUT NOTICE. THE MATERIALS AT THIS SITE MAY BE OUT OF DATE AND COST REPORT DATA RESOURCES, LLC MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS SITE.

HCRIS Data Disclaimer

Certain information on or accessible through this web site was obtained from the Centers for Medicare & Medicaid Services (CMS). CMS has stated to us that it has made a reasonable effort to ensure that the provided data/records/reports are up-to-date, accurate, complete, and comprehensive at the time of disclosure. This information from CMS reflects data as reported to the Healthcare Cost Report Information System (HCRIS) by Medicare fiscal intermediaries. CMS represents that these reports are a true and accurate representation of the data on file at CMS. Authenticated information is only accurate as of the point in time of validation and verification by CMS. CMS is not responsible for data that is misrepresented, misinterpreted or altered in any way. Derived conclusions and analysis generated from this data are not to be considered attributable to CMS or HCRIS.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, COST REPORT DATA RESOURCES, LLC SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, BY ITS CONSTRUCTION AND PUBLICATION OF THIS WEB SITE OR FOR ANY DECISION MADE, OR ACTION TAKEN, IN RELIANCE ON THE CONTENTS HEREOF.  IN NO EVENT SHALL COST REPORT DATA RESOURCES, LLC HAVE ANY LIABILITY FOR LOST PROFITS OR FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LIABILITY TO ANY THIRD PARTY, EVEN IF IT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT ANY LIABILITY OF COST REPORT DATA RESOURCES, LLC RELATED TO THIS WEB SITE AND ITS CONTENTS SHALL NOT EXCEED THE AMOUNT THAT YOU HAVE PAID TO IT FOR USE OF THIS SITE.  IN NO EVENT WILL COST REPORT DATA RESOURCES, LLC, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES.

Links and Third-Party Information

Links to third-party websites on this site are provided solely as a convenience to you. If you use these links you will leave this site. Cost Report Data Resources, LLC has not reviewed any of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, Cost Report Data Resources, LLC does not endorse or make any representations about them or any information or product or materials found therein. If you decide to access any of the third-party sites linked to this site, you do so entirely at your own risk.

Governing Law

Use of this web site shall be deemed to have occurred in the Commonwealth of Kentucky. The validity, construction and effect of the disclaimer, notice and agreement and any actions taken under or relating to this disclaimer, notice and agreement shall be determined in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of law principles, and applicable United States Federal law. For purposes of litigating any dispute that arises under this Agreement the User agrees to submit to and consent to the jurisdiction of the Commonwealth of Kentucky, agrees that any litigation shall be conducted in the courts of Jefferson County, Kentucky, or the federal courts for the United States for the Western District of Kentucky in Jefferson County, Kentucky. The User waives any claim or defense that forum is not convenient or proper. AHD and the User agrees that any such court shall have in personam jurisdiction over it and consents to service of process in any manner authorized by Kentucky law.

U.S. Government Rights

U.S. Government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (June 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (June 1987) and/or subject to the restricted rights provisions of FAR 52.227-14 (June 1987) and FAR 52.227-19 (June 1987), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.

Copyright and Limitations on Use

This web site, including, without limitation, the images and information contained herein, are the property of Cost Report Data Resources, LLC and are protected by copyright and other intellectual property laws. By using this site, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, print or circulate any of the contents of this web site to anyone without the express, prior written consent of Cost Report Data Resources, LLC You also agree not to access or download databases associated with this site by unauthorized electronic means (i.e. hacking or automated scripts).

THIS AGREEMENT IS NONTRANSFERABLE, NONEXCLUSIVE, AND FOR THE SOLE PURPOSE OF YOUR INTERNAL BUSINESS USE.

Severability

If any provision of this Agreement shall be held or deemed to be invalid, illegal, or unenforceable for any reason, the invalidity of that provision shall not have the effect of rendering any other provisions in this Agreement unenforceable.

Termination

Your rights to access this web site will be terminated in the event of default under the Agreement. In the event that a provision of the Agreement is determined to violate any law or is unenforceable the remainder of the Agreement shall remain in full force and effect.

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