Ensemble Health Partners

Terms of service

Terms of service

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF FEBRUARY 1, 2024.

IMPORTANT NOTICE: YOUR USE OF THE SERVICES IS SUBJECT TO AN ARBITRATION PROVISION, REQUIRING ALL CLAIMS TO BE RESOLVED VIA BINDING ARBITRATION.

Acceptance of terms

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Ensemble Health Partners, also known as Ensemble, located at 11511 Reed Hartman Hwy, Blue Ash, OH 45241, and our subsidiaries and affiliates, in association with the use of the Ensemble website, which includes EnsembleHP.com (the “Site”) and its Services, which shall be defined below.

Description of website services offered

The Site is a news and information website that has the following description:

To describe the business services available from Ensemble Health Partners and provide relevant industry news, (collectively, with the Site, “Services”).

Any and all visitors to our Site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.

The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Ensemble Health Partners. At its discretion, Ensemble Health Partners may offer additional website Services and / or products, or update, modify or revise any current content and Services, and this TOS shall apply to any and all additional Services and / or products and any and all updated, modified or revised Services unless otherwise stipulated. Ensemble Health Partners does hereby reserve the right to cancel and cease offering any of the aforementioned Services and / or products. You, as the end user, acknowledge, accept and agree that Ensemble Health Partners shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and / or modifications shall constitute your acceptance of such updates, changes and / or modifications, and as such, frequent review of this TOS and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.

Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Ensemble Health Partners shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

Privacy policy

The Ensemble Health Partners Privacy Policy describes how we collect and use personal information about you through the Site.

Cautions for global use and export and import compliance

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and / or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations, as well as the sanctions control program of the United States. Furthermore, you state and pledge that you:

  1. are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
  2. agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
  3. agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
  4. agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

Content placed or made available for company services

The Services may include features that allow you to upload, submit, or send content through the website (e.g., the contact form) (“Your Content”). This Section provides the terms and conditions governing your use of such features.

  1. License to Your Content. By submitting Your Content to the Services, you grant Ensemble Health Partners a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, adapt, display, and perform Your Content in all media now known or hereafter created without attribution. You hereby waive all moral rights to Your Content. You represent and warrant that you have the necessary rights to Your Content, including the right to grant a license to your rights in this TOS.
  2. Prohibited Content. You agree that you will not use the Services to send:
  • Any content that is obscene, defamatory, threatening, harassing, abusive, slanderous, racially, or ethnically offensive, hateful, or embarrassing to any other person or entity or that infringes the intellectual property of a third party;
  • Any materials that violate, could cause us or a third party to violate, or encourage us or a third party to violate any applicable law, statute, ordinance, or regulation; or
  • Any content or communications intended to impersonate someone else.

Feedback

Ensemble Health Partners provides an area for our users to contribute feedback to our website. In addition to the license you grant to us, above for Your Content, if you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials (collectively, “Feedback”) to our site, you acknowledge and agree that:

  1. your Feedback does not contain any type of confidential or proprietary information;
  2. Ensemble shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Feedback;
  3. Ensemble shall be entitled to make use of and/or disclose any such Feedback in any such manner as they may see fit;
  4. the contributor’s Feedback shall automatically become the sole property of Ensemble; and
  5. Ensemble is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

Indemnity

To the extent allowed by applicable law, user will defend and indemnify Ensemble Health Partners and its subsidiaries, affiliates, agents, directors, employees, partners and licensors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your use of the Services, violation of the TOS, or violation of law. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs and legal fees.

Commercial reuse of services

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Ensemble’s Services.

Modifications

Ensemble Health Partners shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our Services, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and / or discontinuance of our Services, or any part thereof.

Advertisers

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and / or delivery of such related goods and / or Services, and any such other term, condition, warranty and / or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Ensemble Health Partners shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

Links

Either Ensemble Health Partners or any third parties may provide links to other websites and / or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Ensemble Health Partners shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.

Proprietary rights

You do hereby acknowledge and agree that Ensemble Health Partners’ Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Ensemble Health Partners or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Ensemble Health Partners Services (e.g. content or Software), in whole or part.

Ensemble Health Partners herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and / or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Ensemble Health Partners for use in accessing our Services.

Restrictions on use of services

In addition to complying with other terms and conditions applicable to your use of the Services, you agree that when using the Services, you will not:

  • Delete, modify, or attempt to change or alter any of the content or notices on the Services;
  • Introduce into the Services any virus, rogue program, time bomb, drop dead device, back door, trojan horse, worm or other malicious or destructive code, software routines, denial of service attack, or equipment components designed to permit unauthorized access to the Services, or to otherwise harm other users or any third parties, or perform any such actions;
  • Use the Services to commit fraud or conduct other unlawful activities;
  • Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Services for any reason;
  • Use any content made available through the Services in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
  • Decrypt, transfer, frame, display, or translate (except translations for personal use) any part of the Site; or
  • Connect to or access any Ensemble Health Partners computer system or network without authorization.

Warranty disclaimers

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  1. THE USE OF ENSEMBLE HEALTH PARTNERS SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. ENSEMBLE HEALTH PARTNERS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. ENSEMBLE HEALTH PARTNERS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) ENSEMBLE HEALTH PARTNERS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) ENSEMBLE HEALTH PARTNERS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ENSEMBLE HEALTH PARTNERS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
  3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF ENSEMBLE HEALTH PARTNERS SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
  4. NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM ENSEMBLE HEALTH PARTNERS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  5. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Limitation of liability

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ENSEMBLE HEALTH PARTNERS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

  1. THE USE OR INABILITY TO USE OUR SERVICE;
  2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
  3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
  5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

IN ANY EVENT, THE MAXIMUM TOTAL LIABILITY OF ENSEMBLE HEALTH PARTNERS, FOR ANY CLAIM WHATSOEVER RELATING IN ANY WAY TO THIS TOS OR YOUR USE OF THE SERVICES OR PURCHASE OF A PRODUCT THROUGH THE SERVICES, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND YOUR SOLE REMEDY, SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00 USD).

STATE LAW WAIVER: IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE), INCLUDING SECTION 1542 OF THE CALIFORNIA CIVIL CODE IF APPLICABLE, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

Exclusions and limitations

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.  IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS CONTAINED IN THIS TOS SHALL BE DETERMINED BY A COURT OR ARBITRATOR TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS FROM THE DATE OF PURCHASE OR ACCESS, AS APPLICABLE.

Third-party beneficiaries

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be third-party beneficiaries to this TOS.

Notice

Ensemble Health Partners may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

Trademark information

You herein acknowledge, understand and agree that all of the Ensemble Health Partners trademarks, copyright, trade name, service marks and other Ensemble Health Partners logos and any brand features, and / or product and service names are trademarks and as such, are and shall remain the property of Ensemble Health Partners. You herein agree not to display and / or use in any manner the Ensemble Health Partners logo or marks.

Copyright or intellectual property infringement claims notice and procedures

Ensemble Health Partners will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Ensemble Health Partners may disable and / or terminate the accounts of any user who repeatedly violates our TOS and / or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

  1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
  3. A description of the location of the site which you allege has been infringing upon your work;
  4. The physical address, telephone number, and email address;
  5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
  6. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

The Ensemble Health Partners Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Ensemble Health Partners 
11511 Reed Hartman Hwy.
Blue Ash, OH 45241
Telephone: 704-765-3715
Email: [email protected]

Closed captioning

BE IT KNOWN, that Ensemble Health Partners complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at EnsembleHP.com.

Entire agreement

This TOS constitutes the entire agreement between you and Ensemble Health Partners and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Ensemble Health Partners Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Ensemble Health Partners Services, affiliate Services, third-party content or third-party software.

Agreement to arbitrate

Choice of Law.  The validity, construction, and effect of this TOS will be governed by the laws of the U.S. State of Ohio, without giving effect to that state’s conflict of laws rules.

Arbitration Procedure. All disputes arising out of, or relating to, this TOS (including formation, performance, breach, enforceability, and validity of this TOS) or our operation of Services shall be resolved by final and binding arbitration to be held in the English language in Hamilton County, Ohio or another mutually agreed upon location pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this TOS, including any claim that all or any part of this TOS is void or voidable.

Waiver of Class Actions; Jury Trials. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

Injunctive Relief.  Without prejudice to the agreement to resolve disputes in binding arbitration set forth in the previous paragraph, either party to this TOS may obtain preliminary injunctive relief in a court of competent jurisdiction, for the purpose of enforcing any of the terms of this TOS pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.

Waiver and severability of terms

At any time, should Ensemble Health Partners fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of limitations

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year after said claim or cause of action arose or shall be forever barred.

No assignments and transfers

No rights or obligations under this TOS may be assigned or transferred by you, either voluntarily or by operation of law, without our express prior written consent and in our sole discretion.

Violations

Please report any and all violations of this TOS to Ensemble Health Partners as follows:

Mailing Address:
Ensemble Health Partners
11511 Reed Hartman Hwy
Blue Ash, OH 45241

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