By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
Total Benchmark Solution, LLC, Inc. ("Total Benchmark Solution, LLC") may revise and update these Terms and Conditions at any time. Your continued usage of the Total Benchmark Solution, LLC website ("Total Benchmark Solution, LLC Site," or the "Site,") will mean you accept those changes.
The contents of the Total Benchmark Solution, LLC Site, such as text, graphics, images, information obtained from Total Benchmark Solution, LLC's licensors, and other material contained on the Total Benchmark Solution, LLC Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Total Benchmark Solution, LLC Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. Total Benchmark Solution, LLC does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Total Benchmark Solution, LLC, Total Benchmark Solution, LLC employees, others appearing on the Site at the invitation of Total Benchmark Solution, LLC, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Total Benchmark Solution, LLC authorizes you to view or download a single copy of the material on the Total Benchmark Solution, LLC Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2003 - 2007, Total Benchmark Solution, LLC, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Total Benchmark Solution, LLC Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Total Benchmark Solution, LLC or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Total Benchmark Solution, LLC. All rights not expressly granted herein are reserved to Total Benchmark Solution, LLC and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
The use of the Total Benchmark Solution, LLC Site and the Content is at your own risk.
When using the Total Benchmark Solution, LLC Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Total Benchmark Solution, LLC and its suppliers. Accordingly, Total Benchmark Solution, LLC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Total Benchmark Solution, LLC Site.
The Total Benchmark Solution, LLC Site and the content are provided on an "as is" basis. TOTAL BENCHMARK SOLUTION, LLC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Total Benchmark Solution, LLC, its licensors, and its suppliers make no representations or warranties about the following:
In no event shall Total Benchmark Solution, LLC, its licensors, its suppliers, or any third parties mentioned on the Total Benchmark Solution, LLC Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Total Benchmark Solution, LLC Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Total Benchmark Solution, LLC, its licensors, its suppliers, or any third parties mentioned on the Total Benchmark Solution, LLC Site are advised of the possibility of such damages. Total Benchmark Solution, LLC, its licensors, its suppliers, or any third parties mentioned on the Total Benchmark Solution, LLC Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1 (one dollar). Total Benchmark Solution, LLC, its licensors, its suppliers, or any third parties mentioned on the Total Benchmark Solution, LLC Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
The personal information you submit to Total Benchmark Solution, LLC is governed by the Total Benchmark Solution, LLC Privacy Policy. To the extent there is an inconsistency between this Agreement and the Total Benchmark Solution, LLC Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, Ask TBS postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission You agree that you will not send or transmit to Total Benchmark Solution, LLC by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Total Benchmark Solution, LLC by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Total Benchmark Solution, LLC by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Total Benchmark Solution, LLC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Total Benchmark Solution, LLC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Total Benchmark Solution, LLC by email. We try to answer every email in a timely manner, but are not always able to do so.
Total Benchmark Solution, LLC has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Total Benchmark Solution, LLC passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Total Benchmark Solution, LLC account and password; (3) promptly inform Total Benchmark Solution, LLC of any need to deactivate a password. You grant Total Benchmark Solution, LLC and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Total Benchmark Solution, LLC cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Total Benchmark Solution, LLC tools and services.
If you choose to subscribe to one of Total Benchmark Solution, LLC's subscription services, such as the Total Benchmark Solution, LLC Quality Report Card, Best Care, etc. (collectively, the "Subscription Services"), the following additional terms and conditions will apply depending on which service you choose.
INFORMATION YOU SUBMIT: You are using the Subscription Services at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.
CHARGES AND BILLING: You are responsible for providing a valid credit card number at the time you register for a Subscription Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying Total Benchmark Solution, LLC of such charges. You agree that Total Benchmark Solution, LLC may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Subscription Service. All Subscription Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. Total Benchmark Solution, LLC reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time with at least thirty (30) days' notice.
If you use a Public Area, such as a chat room, bulletin board or community Ask TBS posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Total Benchmark Solution, LLC and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Total Benchmark Solution, LLC reserves the right (but is not obligated) to do any or all of the following:
Total Benchmark Solution, LLC or its licensors have no liability or responsibility to users of the Total Benchmark Solution, LLC Site or any other person or entity for performance or nonperformance of the aforementioned activities
Total Benchmark Solution, LLC may provide links to third-party web sites. Total Benchmark Solution, LLC also may select certain sites as priority responses to search terms you enter and Total Benchmark Solution, LLC may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Total Benchmark Solution, LLC does not recommend and does not endorse the content on any third-party websites. Total Benchmark Solution, LLC is not responsible for the content of linked third-party sites, sites framed within the Total Benchmark Solution, LLC Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Total Benchmark Solution, LLC does not endorse any product advertised on the Total Benchmark Solution, LLC Site.
You agree to defend, indemnify, and hold Total Benchmark Solution, LLC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Total Benchmark Solution, LLC is based in Steamboat Springs, Colorado, in the United States of America with offices in South Bend, Indiana and Steamboat Springs, Colorado. Total Benchmark Solution, LLC makes no claims that Total Benchmark Solution, LLC, and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Total Benchmark Solution, LLC Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with Total Benchmark Solution, LLC, or in any way relating to your use of the Total Benchmark Solution, LLC Site, resides in the courts of the State of Colorado, Routt County, Steamboat Springs and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute including any claim involving Total Benchmark Solution, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Total Benchmark Solution, LLC's copyright agent (identified below) and providing the following information:
Total Benchmark Solution, LLC's agent for copyright issues relating to this web site is as follows:
Total Benchmark Solution, LLC, Inc.
Attn: Office of Privacy
PO Box 772968
Steamboat Springs, Colorado 80487
copyright@totalbenchmarksolution.com
Or call: 970.870.6232
In an effort to protect the rights of copyright owners, Total Benchmark Solution, LLC maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Except as expressly provided in a particular "legal notice" on the Total Benchmark Solution, LLC Site, these Terms and Conditions and the Total Benchmark Solution, LLC Privacy Policy and Agreement constitute the entire agreement between you and Total Benchmark Solution, LLC with respect to the use of the Total Benchmark Solution, LLC Site, and Content.
Thank you for your cooperation. We hope you find the Total Benchmark Solution, LLC Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our email address inforequest@totalbenchmarksolution.com or via U.S. mail to Total Benchmark Solution, LLC. We try to answer every email in a timely manner but are not always able to do so.
© 2007 Total Benchmark Solution, LLC Inc. All rights reserved.