Terms and Conditions

These Terms of Use and Conditions (“Terms”) govern your (“you” and “your”) use of the Evidence for Healthcare Improvement d/b/a Institute for Clinical and Economic Review (“ICER”, “our”, “us” or “our”) website(s) available at https://analytics.icer.org/, https://icer-review.org/; and https://icer.org/ (each, a “Site” and collectively, the “Sites”) and all features, modalities, applications, programs, and other materials accessible through or in connection with the Sites (collectively, the “Services”). Please read the terms in full before using our Site. By accepting these Terms, or by accessing or using this Site, you agree to be legally bound by these Terms and our Privacy Policy. If you do not agree to these terms, please do not use our Site. We reserve the right to modify these Terms at any time without prior notice, and your use of the Site binds you to the changes made. We do occasionally update these Terms so please refer to them in the future.

Access to Site
You will be able to access our Site without having to register any details with us, however some functions available on the Site may require you to disclose certain personal information.

Use of Site
Our Site, the Services, and any images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided and the collection and compilation and assembly thereof are the exclusive property of ICER or its affiliates or licensors, and are protected by U.S. and international copyright laws. Certain Services may be subject to additional terms and conditions (collectively, the “Additional Terms”) as may be set forth herein, on the relevant Sites, or in connection with your use of the Services. Your use of such Services constitutes your agreement to the applicable Additional Terms and such Additional Terms are hereby incorporated into these Terms.

Conditioned upon your compliance with these Terms, the contents of our Site and our Services may be used for your personal, informational, non-commercial purposes only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly forbidden. Please note the foregoing license is non-exclusive, non-transferable, and non-sublicensable, and is revocable by ICER at any time for any or no reason.

Any trademarks or service marks appearing anywhere on our Site are the property of their respective owners. A product name or logo not appearing with a trademark designation (™, ®) does not constitute a waiver of any intellectual property rights that the Institute for Clinical and Economic Review, its affiliates or its licensors have established in any of their products, services, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works of, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Site or Services for commercial profit or gain or for academic research or use, unless expressly authorized to do so by ICER. Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity, including us. We hold or have licensed all rights to the content on this Site.

We welcome your comments and feedback regarding our Site, products, and services. We do not, however, accept confidential or proprietary information. Thus, all comments (whether public or private), feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to us using the Site or otherwise (collectively, “Communications”) are not confidential and will become and remain our property. The disclosure, submission, or offer of any Communications will constitute an assignment to ICER of all worldwide rights, titles, and interests, and goodwill in any and all media now known or hereafter devised in perpetuity, in and to the Communications without payment of any compensation. Additionally, Communications submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material. If your Communications violate these Terms, you may bear legal responsibility for such Communications, and shall indemnify, defend and hold harmless ICER, its affiliates and their licensors for any third party liability associated therewith.

As a condition of your use of the Site, you will not use the Site, or any contents or services, for any purpose that is unlawful in any jurisdiction where our Site is being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section. You may not use the Site’s contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Site, or any contents or services. You may not attempt to gain access to any portion of the Site, or any of its contents or services, other than those for which you are authorized.

While every effort is made to ensure the timeliness and accuracy of the Site content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use.

We make no representation or warranty, express or implied, with respect to the content of the Site, or links to other sites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. We make no representation or warranty regarding the merchantability, fitness for a particular purpose or use or non-infringement of third party rights with respect to any content or services whatsoever that may be accessed through this Site, or the results to be obtained from using the Site. We make no representation or warranty that the Site or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and sites.

While every effort is made to ensure that all content provided on the Site does not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer and you should ensure that you have a complete and current backup of the applicable items on your computer. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site. While every effort is made to ensure smooth and continuous operation, we do not warrant the Site will operate error-free.

Site Uptime
We take all reasonable steps to ensure that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time.

Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we may try to give our users advance warning of maintenance issues, but shall not be obliged to do so.

User Conduct
Any material you send or post to our Site shall be considered non-proprietary and non-confidential. We do not collect or store any personally identifiable information about you while using our Site but please do not send any such information to us. See also our Privacy Policy and Notice of Privacy Practices, which can be found here.
When using our Site, you shall not post or send to or from the Site:

  • content for which you have not obtained all necessary consents;
  • content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy obligations, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site is being used; or
  • content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

ICER expects all users to respect ICER’s and third parties’ intellectual property. As such, you agree that:

  1. No material from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download certain downloadable materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.
  2. You may not use the Site or Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or material in violation of third-party privacy or other rights, or code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs, and Trojan horses.

iii.        You may not interfere with or disrupt the integrity or performance of the Site or Services or third-party data contained therein; attempt to gain unauthorized access to the Site or Services or its related systems or networks; copy the Services or any part, feature, function or user interface thereof unless expressly permitted hereunder.

  1. You may not modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of the Site or Services.
  2. You may not access the Site or Services in order to build a competitive product or service, or for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
  3. You may not “harvest” or collect information from the Site or Services (including information about other users of the Site or Services or offerings, products or services available on the Site or Services) using an automated software tool or manually on a mass basis.

vii.       You may not reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Site or Services or any component thereof, in whole or in part, except as and only to the extent such restriction is permitted by any applicable federal, state, or local laws, codes, rules, regulations, or orders of any governmental authority (“Law”).

viii.      You may not integrate or link to any open source software or freeware with the Site or Services.

  1. You may not remove any proprietary notices, labels or marks from the Site or Services.
  2. You may not sell, resell, license, sublicense, distribute, rent, or lease the Services, include the Site or Services in a service bureau or outsourcing offering, or otherwise access or use the Site or Services other than as expressly permitted hereunder.
  3. You may not permit third parties to do any of the foregoing.
  4. You represent, warrant, and covenant that (i) you are of the legal age of majority in your jurisdiction and/or are an authorized representative of your company with the full power and authority to enter into the Terms; (ii) you will comply at all times with all relevant and applicable Laws; and (iii) to the extent you share with ICER any personal data of any third party for any purpose, you have the authority (including any necessary consents), as required under applicable Law, to provide ICER with such personal data, and allow ICER to use such personal data for the purposes for which you shared it.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of this Section.

You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.

Links to and from Third Party Websites
Any links furnished on our Site may allow you to leave our Site (each a “Linked Site”). These Linked Sites are not under our control and we disclaim any responsibility for the contents of such Linked Sites or any link(s) contained therein or any changes or updates thereto. We further disclaim any responsibility for any form of transmission received from any linked third party website or advertising. If we provide these links to you, it is done simply as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the site(s).

If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, any page of our Site, and subject to the following conditions:

  • you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
  • you do not misrepresent your relationship with us or present any false information about us;
  • you do not link from a website that is not owned by you; and
  • your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the applicable laws.

If you choose to link our Site in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimers
All information on our Site is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. The documents and any related graphics published on this Site could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our Site. We may make improvements and/or changes to any of the products or services depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or reliance on the information from it.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

Limitation of Liability
YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU OR ANY THIRD PARTY MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE PRODUCTS AND SERVICES DESCRIBED THEREIN, THE INFORMATION CONTAINED ON THE SITE, OR SERVICES ACTUALLY PROVIDED BY US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification
You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

Applicable Law
We make no representations that the content or the Site are appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.

Our Site is created and controlled in the Commonwealth of Massachusetts, United States of America. The Site, and its contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the Commonwealth of Massachusetts, and applicable United States federal laws. Use of our Site constitutes agreement of the user to the exclusive jurisdiction of the state and federal courts located therein.

Our Site is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import any data on our Site, as may be required.

General
These Terms, together with the Privacy Policy and Notice of Privacy Practices, and any legal notices published by us on the Site, shall constitute the entire agreement between us concerning use of the Site except to the extent we have agreed otherwise in writing. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Our Contact Information
Institute for Clinical and Economic Review
Two Liberty Square, Ninth Floor
Boston, MA 02109
(617) 528-4013
info@icer-review.org