User Agreement

Updated Effective February 17, 2013

Welcome to the User Agreement for the Sg2 Web Site. This Agreement describes the terms under which you may access and use the Sg2 Web Site. In order to become an Sg2 Web Site User, you must read and accept all of the terms and conditions of this Agreement and the Privacy Policy. In the event of any inconsistency between the Sg2 Web Site Privacy Policy and this User Agreement, the User Agreement shall control. Nothing in this Agreement shall be deemed to confer any third party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access the Sg2 Web Site.

We reserve the right to modify this Agreement at any time and for any purpose without prior notice. Non-material changes and clarifications will take effect immediately; we will post the new policy and indicate at the top of this page the new policy’s effective date. If we make material changes to this Agreement, we will notify Users here, by email, or through notice on our home page. We encourage you to refer to this Agreement on an ongoing basis so that you understand our current User Agreement. Unless stated otherwise, our User Agreement applies to all activities on the Sg2 Web Site. Your continued use of the Sg2 Web Site indicates your acceptance of the amended User Agreement.

Description of Service

The Sg2 Web Site is a resource library made available to all associates of Sg2 member organizations. The Sg2 web site is your portal to Sg2 publications, analytics (both national and localized), expert Insights, calculators, event registration, archived webinars and video, resources kits, and more. Members who register for the Sg2 web site provide basic contact information as part of their profile and from the profile page can manage their password and email preferences. Members can print information from the website or share resources via the “email a colleague” function with others at the member organization.

Membership Eligibility

The Sg2 Web Site is not available to minors under the age of 18 or to any users suspended or removed from the system by Sg2 for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading or otherwise transferring their Sg2 Web Site account to another party. If you do not qualify, you may not use the Sg2 Web Site.

Use of Service

Your use of the Sg2 Web Site is governed by this User Agreement. Sg2 reserves the right to refuse service without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Sg2 of any unauthorized use of your password or account or any other breach of security. Sg2 cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Please note that as the member user you and only you can change your password; the Sg2 Member Center or any other Sg2 staff is not authorized or able to do so. Resetting your password is quick and easy at the Sg2.com website.

Termination

You agree that Sg2 may, with or without cause, immediately terminate your Sg2 Web Site account and access to the Sg2 Web Site without prior notice. Without limiting the foregoing, the following will lead to a termination by Sg2 of a User’s use of the Sg2 Web Site: 1) breaches or violations of this User Agreement or other incorporated agreements or guidelines; 2) requests by law enforcement or other government agencies; 3) a request by you (self-initiated account deletions) or your organization; 4) unexpected technical issues or problems; and 5) extended periods of inactivity. Termination of your Sg2 Web Site account includes removal of access to all offerings within the Sg2 Web Site and may also bar you from further use of the Sg2 Web Site. Furthermore, you agree that all terminations shall be made at Sg2’s sole discretion and that Sg2 shall not be liable to you nor any third party for any termination of your account or access to the Sg2 Web Site.

User Conduct

You understand and agree not to use the Sg2 Web Site to:

  • Conduct any illegal activities, including but not limited to conspiring to violate laws.
  • Falsely state, impersonate or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
  • Email or otherwise transmit or use Sg2 resources (intelligence or analytics) without proper credit/citation to Sg2. This includes slides created by Sg2, proprietary analytics and benchmarks such as the Impact of Change forecast or the Sg2 Value Index, or information from Sg2 publications, webinars, conferences or Expert Insights.
  • Transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
  • Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
  • Interfere with or disrupt the Sg2 Web Site or servers or networks connected to the Sg2 Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Sg2 Web Site.

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Access to Service

Use of manual or automated software, devices or other processes to “crawl” or “spider” any Web pages contained in the Sg2 Web site is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our Web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this Web site. Furthermore, you agree not to take any action that interferes with the proper working of the Sg2 Web Site or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Sg2 Web Site Communications

In the course of providing you services, Sg2 may need to communicate with you via email. (See our Privacy Policy to learn more about communications.) You agree to receive emails that are specific to your account and necessary for the normal functioning of the Sg2 Web Site. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Sg2 Web Site.

Fees

Signing up for a basic Sg2 Web Site account is free for associates of member organizations. Sg2 reserves the right to charge for the Sg2 Web Site or any portion or products thereof, modify the pricing of, add to, or discontinue the Sg2 Web Site or any portion thereof without prior notice.

Proprietary Rights in Web Site Content; Limited License

All content on the Sg2 Web Site and available through the Sg2 Web Site, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (“Web Site Content”), is the proprietary property of Sg2 or its licensors with all rights reserved. No Web Site Content may be modified, distributed, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Sg2’s prior written permission. Provided that you are eligible for use of the Sg2 Web Site, you are granted a limited license to access and use the Sg2 Web Site and the Web Site Content and to download or print a copy of any portion of the Web Site Content to which you have properly gained access solely for commercial benefit of a Member, provided that you keep all copyright, trademarks, disclaimers of liability or other proprietary notices intact. You may not upload or republish Web Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Web Site Content is strictly prohibited without Sg2’s written permission. Such license is subject to this User Agreement and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Web Site or the Web Site Content other than as specifically authorized herein, without the prior written permission of Sg2, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this User Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Sg2 Web Site any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement we promptly remove or disable access to the allegedly infringing material in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Web Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to us.

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless SG-2, LLC, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from: 1) your use of the Sg2 Web Site; or 2) any other matter relating to the Sg2 Web Site. Any business transactions which may arise between Users from their use of the Sg2 Web Site are the sole responsibility of the Users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that the Sg2 Web Site may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property or safety of the Sg2 Web Site, its users and the public.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE SG2 WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT SG2 DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION. SG2 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.

SG2 MAKES NO WARRANTY THAT: 1) THE SG2 WEB SITE WILL MEET YOUR REQUIREMENTS; 2) THE SG2 WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; 3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SG2 WEB SITE WILL BE ACCURATE OR RELIABLE; 4) THE QUALITY OF ANY PRODUCTS, WEB SITES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SG2 WEB SITE WILL MEET YOUR EXPECTATIONS; AND 5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SG2 WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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 THE SG2 WEB SITE OR THROUGH OR FROM THE SG2 WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

USERS SHOULD APPLY FINDINGS TO THEIR OWN MARKET AND BUSINESS CIRCUMSTANCES TO DETERMINE THE APPLICABILITY OF THE INFORMATION CONTAINED ON THE SG2 WEB SITE. WITH RESPECT TO CLINICAL MATTERS AND PATIENT TREATMENT PRACTICES, USERS SHOULD CONSULT WITH THEIR MEDICAL STAFF PROFESSIONALS PRIOR TO ADOPTING OR APPLYING ANY SUCH PLANS OR PROCEDURES. SG2 DISCLAIMS ANY LIABILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCUSSED HEREIN AND SHALL NOT BE LIABLE FOR DAMAGE OF ANY KIND.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Agreement

The User Agreement constitutes the entire agreement between you and Sg2, governing your use of the Sg2 Web Site.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SG2 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 SG2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL SG2’S TOTAL CUMULATIVE DAMAGES EXCEED US $100.

Governing Law

The User Agreement between you and SG-2®, LLC will be governed by and construed in accordance with the laws of the State of ILLINOIS without regard to conflict of laws principles.

General Information

The Sg2 Web Site, the Sg2 Community logo, and other Sg2 logos and names are trademarks of SG-2, LLC. You agree not to display or use these trademarks in any manner without Sg2’s prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to:

Sg2 Attn: User Agreement Issues 5250 Old Orchard Rd Skokie, IL 60077

All content Copyright © 2013, SG-2, LLC