Terms of Use – TSG Website

Updated: December 18, 2018
The Sullivan Group ("TSG") operates this website ("Site"). Use of The Sullivan Group’s products and services is governed by your individual customer terms of service. The Sullivan Group reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth above.

Contents

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Site; and
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Permitted Use of The Site

You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about The Sullivan Group’s products and services, and solely in compliance with these Terms of Use.

Prohibited Use of The Site

By accessing the Site, you agree that you will not:

  • Use the Site in violation of these Terms of Use;
  • Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
  • Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
  • Use the Site in any manner that damages, disables, overburdens, or impairs the site or interferes with any other party's use and enjoyment of the Site;
  • Mirror or frame the Site or any part of it on any other web site or web page.
  • Attempt to gain unauthorized access to the Site;
  • Access the Site by any means other than through the interface that is provided by The Sullivan Group for use in accessing the Site;
  • Use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement.
  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate The Sullivan Group, a TSG employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); and
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm The Sullivan Group or users of the Site or expose them to liability.

Additionally, you agree not to:
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Site;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and
  • Otherwise attempt to interfere with the proper working of the Site.

Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.

Intellectual Property Rights

Except for information covered by our Privacy Policy, any communication or materials you transmit to or through the Site, including data, comments, questions, suggestions, ideas, concepts, know-how, techniques, or the like, shall become the property of The Sullivan Group. The Sullivan Group shall be free to use, disclose, reproduce, or distribute any such communications or materials without limitation of any kind. All trademarks, logos, designs, slogans, and trade dress appearing on this Site, whether or not appearing in large print, italics, or with the trademark symbol, are owned by The Sullivan Group or its affiliate companies, or are used under license. This Site may also contain or reference patents, proprietary information, technologies, products, processes, or other proprietary rights of The Sullivan Group and/or other parties. No license to, or right in, any such trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of The Sullivan Group and/or other parties is granted to, or conferred upon, you.

You may not distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio, or video, without the written permission of The Sullivan Group. You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used, except as provided in the Terms of Use or in the text on the Site, without the written permission of The Sullivan Group. The Sullivan Group neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by, or affiliated with, The Sullivan Group.

Monitoring and Enforcement; Account Termination

The Sullivan Group reserves the right to:

  • Remove or refuse to post any user content for any or no reason in our sole discretion;
  • Take any action with respect to any user content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for The Sullivan Group;
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. You waive and hold harmless The Sullivan Group and its affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.

However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Med-IQ, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Med-IQ. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Privacy Policy

Your use of this Site is subject to The Sullivan Group’s Privacy Policy, available here.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or any services or items obtained through the Site or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Site, its content and any services or items obtained through the Site is at your own risk. The Site, its content and any services or items obtained through the Site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither The Sullivan Group nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Site. Without limiting the foregoing, neither The Sullivan Group nor anyone associated with the us represents or warrants that the Site, its content or any services or items obtained through the Site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Site or the server that makes it available are free of viruses or other harmful components or that the Site or any services or items obtained through the Site will otherwise meet your needs or expectations.

The Sullivan Group hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation of Liability

In no event will The Sullivan Group, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites or any services or items obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify and hold harmless The Sullivan Group, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

Governing Law and Jurisdiction

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and The Sullivan Group with respect to the Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Site shall be in the state or federal courts located in the State of Illinois. You agree to submit to the jurisdiction of such courts.

Waiver and Severability; Entire Agreement

No waiver by The Sullivan Group of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Sullivan Group to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and The Sullivan Group with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Contact Information

If you have any questions or comments about these Terms of Use, please do not hesitate to contact us: