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Terms of Use

As part of our ongoing efforts to enrich the range and value of the content that we provide to our members, we must ask you to assent to the following Terms of Use in order to access the client-only areas of this website, including the HASC Labor Resource Library and HASC Compensation Surveys. (Recently-revised text appears in bold.) If you have any questions, please call us at (213) 538-0705 during business hours.

Terms of Use: Revised September 1, 2008

YOU MUST READ THESE TERMS OF USE BECAUSE THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

The Hospital Association of Southern California ("HASC," "us" or "we") presents the HealthcareHRsource website (the "Site" or "Service"), a California Hospital Association members-only site that offers a library of compensation survey material, reports, white papers, labor research information, background screening services and educational programs. By accessing or using the Site or by clicking the "I Agree" button, you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement").

The date at the top of this page indicates the date these Terms of Use were last revised. HASC may change, modify, add or delete portions of these Terms of Use at any time by posting such revised Terms of Use on the Site. In such an event, we will send a notice to you at the email address you supplied to us during the creation of your account. It is your responsibility to update your email address in our records should it change. By continuing to use the Site or by clicking the "I Agree" button after we post revised Terms of Use, you signify that you have read, understand and agree to the revised version of the Terms of Use. You can indicate your refusal to these Terms of Use (or any revised Terms of Use) by not using the Site or by clicking the "I Do Not Agree" button. Please check this page regularly for revisions to these Terms of Use.

Description of Service

The Site provides Members and Subscribing Systems (as such terms are defined below) with access to our compensation surveys and the HASC Labor Resource Library. The compensation surveys ("Compensation Surveys") provide hospitals and healthcare systems information concerning compensation earned by executives, management and non-management employees in participating hospitals and healthcare systems throughout California. Other Compensation Surveys and reports include surveys concerning difficult-to-fill, market-sensitive hospital jobs, reports providing data on vacancy, workforce planning and human resources metrics and reports concerning turnover and vacancy trends in the California health care industry. Where possible, the information collected by HASC for these surveys and reports is collected and distributed in aggregate form. The Site also collects information related to and provides access to the HASC Labor Resource Library, an online information source concerning labor activity in California's health care industry, including specific information about unions and union locals, union leadership and the outcomes of elections and negotiations. Other services include providing employee background screening services, white papers concerning healthcare human resource topics and educational programs.

Eligibility

You may only use the Service if you are 18 years of age or older. Certain features of the Site are only available to registered users of the Site. The information you supply during the registration process must be complete and accurate and it is your obligation to keep such information current. Additionally, our Compensation Surveys and the HASC Labor Resource Library are only available to users with valid subscriptions to such services.

Executives of the California Hospital Association, the Hospital Council of Northern California, the Hospital Council of Central California, the Hospital Association of San Diego and Imperial Counties and the Hospital Association of Southern California (each of the forgoing collectively, "Members"), may access the Site. Individual subscribing hospitals or healthcare systems ("Subscribing Systems") can provide Site access to any number of executives if such executives are affiliated with the subscribing hospital or system.

HASC Content and Limited License

Except as otherwise indicated in these Terms of Service, HASC owns all right, title and interest (including all intellectual property rights) in and to the content on the Site including without limitation the text, graphics, images, logos, button icons, software, code, scripts, the Site's "look and feel" and other HASC content (the "HASC Content"). HASC grants you a limited, nonexclusive, nontransferable, nonsublicensable right to use the Site and to view the HASC Content in your browser window and to use such content for the internal, noncommercial purposes of the Member or Subscribing System to which you belong. In all cases you must retain all copyright, trademark, service mark and other proprietary notices contained in the original HASC Content on any copy you make of the HASC Content. Except as expressly provided in these Terms of Use, you may not sell or modify the HASC Content or reproduce, display, publicly perform, distribute, decompile, reverse engineer or otherwise attempt to discover any source code associated with the site, or otherwise use the HASC Content in any way for any public or commercial purpose or in any manner that is likely to cause confusion among consumers, that disparages or discredits HASC, that dilutes the strength of HASC's Trademarks (as defined below), or that otherwise infringes HASC's intellectual property rights.

The reports contained in the HASC Labor Resource Library ("Library Reports") are the property of PTI Labor Research. You may use the data contained in such Library Reports provided that such use is in connection with or on behalf of Members and Subscribing Systems and further provided that you do not archive such data for future use. In other words, you may not save, archive or store copies of the Library Reports. You may only use the most current versions of the Library Reports.

The Library Reports and the Compensation Surveys are confidential and proprietary. You may not distribute such reports and surveys to anyone except individual or entities affiliated with Members or Subscribing Systems. As a condition of receiving these Library Reports and the Compensation Surveys, you agree that you will not reproduce or copy such reports and surveys in whole or in part (except as expressly permitted in these Terms of Service) and that you will not distribute, adapt, provide or publish in any manner such reports and surveys to any other person or entity without the express written permission of HASC.

Trademarks

The Hospital Association of Southern California trademark, the Hospital Association of Southern California logo and the trade dress "look and feel" of the Site (collectively, the "HASC Trademarks ") are trademarks of the Hospital Association of Southern California. You may not use the HASC Trademarks without the express written consent of HASC.

The trademarks and logos of the California Hospital Association, the Hospital Council of Northern California, the Hospital Council of Central California and the Hospital Association of San Diego and Imperial Counties and the Hospital Association of Southern California are trademarks and logos of those entities. Any use of such trademarks and logos on the Site is not meant to imply any sponsorship or affiliation between such entities and this Site.

Privacy Policy

The information and data you provide to us, including the data collected via your use of the Site, is subject to our privacy policy. As a condition of your use of the Site, you must read and agree to the terms of our privacy policy. You hereby consent to the collection, use, disclosure and storage of your information as set forth in the privacy policy.

Account Security

Each person that accesses the Site must separately register for the Site and maintain their own username and password. In order to have a valid account, you must supply your name, email address, phone number, physical address, the name of the Member or Subscribing System you are affiliated with and your title within such entity. It is your responsibility to update the foregoing information in our records. You may not share your username or password with any other party and you may not provide access to the Site to any third party using your username and password. You agree to immediately notify us of any unauthorized use of your username and password.

Framing, In-Line Linking and Crawling

The framing and in-line linking of the Site or any HASC Content, Compensation Surveys or Library Reports is expressly prohibited. Search engines may crawl the Site provided that they observe the limitations imposed by the Site's robots.txt file and any related restrictions in the meta-tags of the Site.

Representations and Warranties

You represent and warrant (a) that you are 18 years of age or older; (b) that you have all necessary right, power and authority to enter into this Agreement; (c) that these Terms of Service constitute a legal, valid, binding and enforceable agreement; (d) that you have read and understood the HASC privacy policy; and (e) that you will use the Site in a manner consistent with any and all applicable laws and regulations. If you are a representative of a Member of Subscribing System, you further represent and warrant that the Member or Subscribing System has provided its executives, staff and employees all necessary notices and obtained from such executives, staff and employees all necessary consents, permissions and rights for HASC to use, access, store and disclose the information provided by you or your Member or Subscribing System in connection with HASC's creation, development, use, sale, licensing and disclosure of the Compensation Surveys or Library Reports.

Indemnification

You agree to indemnify, defend and hold harmless HASC and its directors, officers, employees and agents and its and their respective successors, heirs and assigns (collectively, the "HASC Parties ") against any liability, damage, loss or expense (including reasonable attorneys' fees and expenses of litigation) (collectively, "Losses ") incurred by or imposed upon the HASC Parties or any one of them in connection with any third-party claim, suit, action, demand or judgment ( "Claims ") relating to your use of the Site in violation of this Agreement or any breach by you of any obligation, representation or warranty under this Agreement. HASC will provide you with written notice of such Claim.

Disclaimer of Warranty

HASC DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE HASC CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HASC IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITES AND HASC CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. HASC, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. HASC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE HASC CONTENT, LIBRARY REPORTS, COMPENSATION SURVEYS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.

No Legal Advice

Nothing in the Site or any Compensation Survey or Library Report constitutes legal advice and HASC assumes no responsibility (legal or otherwise) for the outcome of decisions, contracts, commitments or other obligations or outcomes made on the basis of such information. HASC also assumes no responsibility for the use or misuse of this Site or any Compensation Survey or Library Report by anyone, including without limitation Members, Subscribing Systems or other parties or individuals who obtain such information.

Disclaimer of Consequential Damages

IN NO EVENT SHALL HASC, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON ANY HASC SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, THE HASC CONTENT, THE COMPENSATION SURVEYS OR LIBRARY REPORTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HASC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability

HASC'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE HASC CONTENT, THE COMPENSATION SURVEYS OR LIBRARY REPORTS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

Links to Third Party Sites

The Site contains links to third party websites. HASC provides these links solely for informational purposes. HASC is not responsible for the content, policies or operation of these third-party sites. If you decide to access the third-party websites linked to on the Site, you do so at your own risk.

In particular, the Site contains links to Pre-employ.com, a company that provides background checks and screening services. If you fill out the Pre-employ.com order form or if you contact the Pre-employ.com directly, you understand and agree that Pre-employ.com's privacy policy and other terms and conditions apply to any services you receive from Pre-employ.com and to the collection, use, disclosure and storage of any information you disclose to Pre-employ.com.

Choice of Law and Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of laws or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Los Angeles County, California, and you consent to the exclusive personal jurisdiction of such courts.

Termination and Cancellation

You may terminate this Agreement with or without cause at any time by providing written notice to HASC at the address provided below. HASC may at any time and for any reason terminate, disable or suspend access to the Site or terminate this Agreement. In the event of termination, you will not be able to access the password protected sections of the Site and any licenses granted under this Agreement shall immediately terminate (including your right to use the Site). The following provisions of these Terms of Service shall survive the termination or expiration of this Agreement for any reason: Representations and Warranties, Indemnification, Disclaimer of Warranties, No Legal Advice, Disclaimer of Consequential Damages, Limitation on Liability, Choice of Law and Jurisdiction, Termination and Cancellation, Entire Agreement, Time-Limited Claims and Assignment and Delegation.

Entire Agreement

These Terms of Use constitute the entire agreement between you and HASC and supersede any prior agreements between you and HASC with respect to the Site.

Time-Limited Claims

Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to the Site, Compensation Surveys, Library Reports or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

Assignment and Delegation

You may not assign, transfer, delegate, sell or otherwise disposed of this Agreement, including without limitation by operation of law. HASC may assign, transfer, delegate, sell or otherwise dispose of this Agreement in its entirety. In addition, HASC may delegate its performance under this Agreement to one or more affiliates, provided that HASC will remain liable and responsible for any performance or obligation so delegated.

Questions About this Agreement

If you have questions about this Agreement, please contact us at Hospital Association of Southern California, ATTN: Legal Department, 515 South Figueroa Street, Suite 1300 Los Angeles, CA. Our email address for purposes of these Terms of Use and our Privacy Policy is legal@healthcarehrsource.com.

Notices

In the event that HASC in its sole discretion change, modify, add or delete portions of its Terms of Use or its privacy policy, HASC will send a notice to the email address you provided in connection with your account. It is your responsibility to keep this email address current in our records. You agree that any notice sent to you in connection with these Terms of Service or the privacy policy shall be deemed given when sent to the current-most email address you have given us in connection with your account.

     
Hospital Association of Southern California
© 2005-18 by the Hospital Association of Southern California
515 South Figueroa Street, Suite 1300 / Los Angeles, CA 90071
Phone: (213) 538-0726 / Fax: (213) 482-8537