Disclaimer

YOUR USE OF THE BEDAVAILABILITY.COM WEB SITE OR SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

BEDAVAILABILITY.COM, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FORGOING, BEDAVAILABILITY.COM, INC. DOES NOT WARRANT THE QUALITY OF ANY CARE PROVIDED BY CARE FACILITIES BUT IS MERELY PROVIDING A DATABASE OF FACILITIES MEETING CERTAIN SEARCH CRITERION.

BEDAVAILABILITY.COM, INC. DOES NOT APPROVE, MONITOR OR OTHERWISE SCREEN ANY FACILITY PROFILE INFORMATION AND SHALL NOT BE HELD LIABLE FOR ANY MISREPRESENTATIONS OR OFFENSIVE MATERIAL THAT MAY BE CONTAINED THEREIN.

BEDAVAILABILITY.COM, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, NOR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

BEDAVAILABILITY.COM, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BEDAVAILABILITY.COM, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEDAVAILABILITY.COM, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SUBSCRIPTION CONTRACT

Terms of Use

IMPORTANT - PLEASE READ THESE PAGES CAREFULLY: These Terms of Use (the “TOU”) governs your use of the BedAvailablity.com, Inc. (BedAvailability.com) Web Site which may be updated by us from time to time without notice to you. You can review the most current version of the TOU at any time on this page.  When using the BedAvailability.com services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.  Subscribers are also subject to the terms and conditions of the BedAvailability.com Service Contract, the terms and conditions are hereby incorporated by reference.  In the case of an inconsistency between the two, the Service Contract shall take precedence.

BedAvailability.com provides access to an interactive web site (the “Web Site”) to facility owners, hospitals, the public and others, designed to provide daily information on the facility(ies) bed availability (the “Services”).  All information on the Web Site whether created by BedAvailability.com, or a subscriber or general user, is referred to herein as the “Content” or “Documents.” 
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BedAvailability.com, are entirely responsible for all Content that you upload, download, post, e-mail, transmit, rely upon, or otherwise make available via the Web Site.

BedAvailability.com does not control, nor pre-screen, the Content posted via the BedAvailability.com service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BedAvailability.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service which you view or rely upon.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Web Site service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BedAvailability.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.

You are responsible for obtaining access to the BedAvailaibility.com Web Site service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.  You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
If registration is requested, you agree to provide true, accurate, current and complete information about yourself and maintain and promptly update the information to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or BedAvailability.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BedAvailability.com has the right to suspend or terminate your ability to use the Web Site (or any portion thereof).
Use of the BedAvailaibility.com service is subject to our Privacy Policy which appears on the BedAvailability.com Website.

You agree to not use the Service to:

• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
• Upload, post, e-mail, transmit or otherwise make available any Content that is, objectionable;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, a BedAvailability.com officer, director, employee, salesperson or other staff;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• Upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
• Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
• Restrict or inhibit any other user from using and enjoying the use of the Web Site.
• Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
• Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)
  Modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
• Use any engine, software, routine, tool, agent or other device or mechanism to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this Web Site, including taking any action which imposes an unreasonable or disproportionately large load on the server hosting the Web Site;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site;
• Modify or remove any copyright, trademark or any other proprietary notices, appearing on the Web Site, in the Content, or in the Documents, nor may you modify, reproduce, remove, distribute, broadcast, publish or transmit the Content or the Documents, nor may the User add elements, participate in the transfer or sale of the Content or Documents, or exploit in any way, the Content or Documents.
• Violate any HIPAA laws or regulations.  Any posting of personal information of a potential resident is done so at the posting party’s own risk.  HIPAA laws may govern the posing of any inquiry information.  A link to a handbook on HIPAA laws is provided on the Website for your reference.  BedAvailability.com shall not be responsible for any HIPAA violations and the user hereby indemnifies BedAvailability.com, its officers and directors from any liability thereto and shall defend and hold BedAvailability.com harmless form any claims arising out of any HIPAA violation by the user of the Website.

Notwithstanding the previous clauses, you are hereby granted a non-exclusive, non-transferable, limited license to view and download a single copy of the Content and/or Documents available on the Web Site, and to reproduce, print, and distribute portions of the Content (exclusive of the Web Site’s design and structure and underlying HTML code) and/or Documents retrieved from this Web Site, provided: (a) it is used only for the purposes intended by the BedAvailaibilty.com Web Site and you do not alter or modify the Web Site, its Content or the Documents in any way;

Without limiting the foregoing, BedAvailability.com and its designees shall have the right to remove any Content that violates the TOU, or is otherwise objectionable, or deemed to violate any laws or regulations. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.   You acknowledge and agree that BedAvailability.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BedAvailability.com, its users and the public.

BedAvailability.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site Service (or any part thereof) with or without notice. You agree that BedAvailability.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

The Web Site service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BedAvailability.com has no control over such sites and resources, you acknowledge and agree that BedAvailability.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BedAvailability.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

The TOU does not transfer to you any right or interest in the services, or the Web Site, including any information, data, application, image, video, graphics, or other materials made available through the Services, or with respect to any modification, translation, or subsequent broadcasting of said information.

BedAvailability.com trademarks and service marks, and other BedAvailability.com logos and product and service names are trademarks of BedAvailability.com, Inc., a California Corporation.  Without prior permission from BedAvailability.com, you agree not to display or use in any manner, the BedAvailability.com Marks or property.

You agree to indemnify, defend, and hold harmless BedAvailability.com, its employees, partners, agents, contractors, officers and directors and owners from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the Web-Site and Service provided by BedAvailability.com which damages either you, BedAvailability.com, or any other party or parties without limitation or exception.

BedAvailability.com, Inc. is a California Corporation.  All references to BedAvailability.com also apply to BedAvailability.com, Inc.  BedAvailability.com, Inc. may assign all obligations and benefits of this agreement to a new entity at any time without your consent.  This agreement is not assignable by you without the prior written consent of BedAvailability.com, Inc.