2.1 Username and Password.
2.2 Use Restrictions.
2.2.1 General Use Restrictions.
2.2.2 No Competitors.
You cannot access FDC or CC if you are a competitor of Genesis or any of its affiliates. You must not permit or attempt to permit any competitor of Genesis or any unauthorized third party to access, view, interact with, evaluate, or otherwise use FDC or CC, whether on behalf of you or any third party.
“Confidential Information” means all information and data regarding Genesis or FDC and CC that is identified as confidential and proprietary or that you should reasonably know is confidential by the nature of its disclosure. You must not disclose Confidential Information to third parties and must protect any Confidential Information with the same degree of care as you use to protect your own confidential information, but in no event less than a reasonable degree of care. You represent and warrant that you will not use, reveal, relay, expose, make known, or provide any Confidential Information you receive through FDC or CC to any third parties (even to those third parties who already have access to the Confidential Information) for any purpose, including but not limited to leveraging lower prices from suppliers.
Certain links provided on this site will launch Internet sites that are not under the control of Genesis. Genesis provides these outside links solely as a convenience to its users and the provision of any such link is not an endorsement by Genesis of that site or any of the contents, products, or services contained or offered therein. Accordingly, Genesis makes no representations or warranties whatsoever concerning availability of or content, including sub-links, found on those sites.
4.1 Data Ownership.
4.2 Feedback and Output.
From time-to-time, Genesis may seek or you may offer comments, input, or ideas regarding your use of FDC and CC or FDC and CC’s features and functionality generally (“Feedback”). In addition, you will likely develop some output using FDC or CC, including but not limited to creating custom reports (“Output”). Genesis welcomes your Feedback regarding FDC and CC and encourage you to use all the functions available in FDC and CC to create Output. Any Feedback that you give to us (either oral or written) or any Output that you develop using FDC and CC is Genesis’ exclusive property. Your submission of any Feedback or development of any Output constitutes an assignment to Genesis of all rights, title, and interest in all copyrights or intellectual property rights in the Feedback or Output. Genesis may use, distribute, manipulate, disclose, publish, or reproduce any Feedback or Output related to your use of FDC or CC, without notice or compensation to you.
4.3 Navigational Data.
From time-to-time, Genesis may use technical methods to track and analyze traffic patterns on FDC or CC, such as the frequency with which you and other users are visiting various parts of the application. Genesis may also use tools to measure and collect session information, including page response time, download errors, length of visits, etc. Genesis may use this information or employ a third party to help Genesis analyze this information to measure site activity, develop new ideas for improving FDC and CC, and for its business purposes.
You must not remove, alter, deface, obscure, or otherwise modify any of Genesis’ Marks that are displayed on FDC and CC or any Output, whether those Genesis Marks are displayed or otherwise rendered by software or on printed media. In addition, you must not adopt or otherwise use any Marks containing confusingly similar names, designs, or other indicia to Genesis’ Marks nor dilute Genesis’ Marks in any manner. “Marks” means all proprietary indicia, trademarks, trade names, symbols, logos, or brand names Genesis adopts to identify Genesis, its products, or any related parties.
4.5 IP Rights.
Genesis retains title and all other ownership and proprietary rights in and to its IP Rights, and any and all derivative works based on the IP Rights. This ownership and IP Rights include any and all rights in and to patents, trademarks, copyrights, and trade secret rights. The IP Rights are not “work made for hire” within the meaning of U.S. Copyright Act 17 U.S.C. Section 101. You must not copy or reproduce all or any part of the IP Rights, whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of data, presentation, style, or organization. “IP Rights” mean FDC and CC and all source code, object code, documentation (whether electronic, printed, written or otherwise), working papers, non-client data, programs, diagrams, models, drawings, flow charts, and research (whether in tangible or intangible form or in written or machine-readable form), and all techniques, processes, inventions, knowledge, know-how, trade secrets (whether in tangible or intangible form or in written or machine-readable form), developed or provided by Genesis.
5.1 Security Protections.
FDC and CC’s security controls and practices are designed to protect the confidentiality, integrity, and availability of data that is hosted. These practices are aligned with the ISO/IEC 27002 Code of Practice for information security controls, from which a comprehensive set of controls are selected. Your access to FDC and CC is through a secure communication protocol provided by Genesis.
5.2 Backup Your Content.
You must back up, to your own computer or other device, any data or other content that you input into via FDC and CC. Genesis does not guarantee or warrant that any content you input or access through FDC and CC will not be subject to inadvertent damage, corruption, or loss.
7.1 Genesis’ Right to Terminate.
7.2 Effect of Termination.
Upon termination, Genesis will disable your username and password. You must not attempt to access or use FDC or CC or represent in any form that you have access to FDC and CC.
Genesis may assign any of its rights or obligations under this License. You may not assign any of your rights or obligations under this License without Genesis’ prior written consent, and any purported assignment by you without Genesis’ prior written consent is void. Subject to the previous sentence, this License will be binding upon, enforceable by, and inure to the benefit of the parties and their respective successors and assigns.
FDC AND CC AND ITS CONTENTS ARE PROVIDED “AS IS” AND “WHERE IS”, WITHOUT ANY WARRANTIES OF ANY KIND. GENESIS DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO FDC AND CC OR OTHERWISE REGARDING THIS LICENSE, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BROADLANE DOES NOT GUARANTEE OR WARRANT THE COMPLETENESS, ACCURACY, SUITABILITY, QUALITY, OR CURRENCY OF FDC OR CC OR THAT YOUR USE OF FDC AND CC WILL BE UNINTERRUPTED OR FREE FROM HACKING ATTACKS, VIRUSES, OR OTHER MALFUNCTIONS. USE OF FDC AND CC IS AT YOUR OWN DISCRETION AND YOUR SOLE RISK. GENESIS makes no representation or warranty whatsoever with respect to the compatibility of FDC or CC or any future releases with any computer hardware or software, nor does FDC or CC represent or warrant the continuity of the features provided by or through FDC and CC between various releases.
GENESIS HAS NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR INACCURACIES IN FDC OR CC THAT COULD CAUSE FAILURES, CORRUPTION, OR LOSS OF DATA OR INFORMATION OR ANY OTHER DAMAGE TO YOUR SYSTEMS. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF FDC AND CC, INCLUDING WITHOUT LIMITATION, COSTS INCURRED FOR THE USE OF OR ANY DAMAGE TO YOUR COMPUTERS, EQUIPMENT, DEVICE, PERIPHERALS, SOFTWARE, DATA, OR INFORMATION.
This site is maintained and controlled by Genesis in the State of Illinois United States of America. Genesis makes no representation that materials on this site are appropriate or available for use at other locations outside of the United States and access to this site from territories where this site’s contents are illegal is prohibited. If you access this site from locations outside the United States, you are responsible for compliance with all local laws. The laws of the State of Illinois shall govern the content and use of this site, without giving effect to any of the conflict of law principles or rules thereof. Information contained in this website may be subject to U.S. government export controls. This information is subject to all laws, regulations and administrative acts, now or hereafter in effect of the U.S. government regarding the exportation and/or re-exportation of information. The recipient of this information acknowledges that they will be responsible for compliance as necessary with such laws, regulations and administrative acts. Prior to the disclosure of information presented on this website to any foreign national, the recipient will obtain any such approvals in a manner consistent with the terms and conditions of this agreement.
Sections: 2.5 (Confidentiality), 3 (Content-Specific Terms and Third-Party Content); 4 (Intellectual Property), 10 (Surviving Provisions); and Exhibit A will survive any termination or expiration of this Agreement and continue in full force and effect.
Version Release: 11.21.2018