Constasis Website & Software Terms and Conditions Agreement
1. Agreement. This Website & Software Terms and Conditions Agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of Constasis, LLC’s website and software (collectively, the “Website”) and describe the terms and conditions applicable to your access of and use of the Website. This Agreement may be modified at any time by Constasis, LLC upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of this Agreement at any time at constasis.com. Each use or access of the Website by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Protection of Intellectual Rights and License; Compliance with Laws
By accessing the Website and paying any applicable fee, you (hereinafter “you” or “Consumer”) are granted a limited, revocable, nonexclusive, non-sub-licensable license to use the Website solely for your own personal use, and you acknowledge that content available through or on this Website, including, without limitation, content in the form of graphics, texts and software (collectively, the “Intellectual Property”) is solely the property of Constasis, LLC and is protected by copyright law, trademark law, patent law, and/or other state and federal proprietary rights and laws. For purposes of these Terms and Conditions, “Consumer” shall include every individual that accesses the Website, regardless of whether the individual makes use of Constasis, LLC’s services or materials.
Except as expressly authorized by Constasis, LLC herein, you are prohibited from and agree not to copy, modify, rent, lease, transfer or sell, distribute, license, reverse engineer, download, transmit, reprint, reproduce, modify, create derivative works from, publicly display, or publicly perform content retrieved from or viewed on the Website, for any public or commercial use or provide it to any commercial source, including other websites, regardless of whether or not you receive compensation, without prior written permission of Constasis, LLC.
Furthermore, no materials contained on this Website (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any other language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of Constasis, LLC.
For further information regarding permission to use material or data found on or accessed through the Website, please contact Constasis, LLC at firstname.lastname@example.org.
Except as otherwise noted, all content posted on this Website is:
Copyright © 2020 Constasis, LLC All Rights Reserved
In addition to the above, by accessing the Website, you agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
4. Limitations of Liability
Under no circumstances will Constasis, LLC be liable for any loss, cost, or damage of any kind, including special, incidental, punitive, indirect or consequential damages, including without limitation, any loss of use, loss of profits, or loss of goodwill, whether arising in contract, tort, or otherwise, which may arise as a result of a consumer’s use of, or inability to use, the Website or the information contained thereon (including any third-party website to which the Website is linked).
Constasis, LLC’s aggregate liability to users of the Website, whether for negligence, breach of contract, misrepresentation, or otherwise will, in respect of a single occurrence of a series of occurrences, be limited to direct damages and will in no circumstances exceed, in the aggregate, the fees paid to Constasis, LLC by the user in respect of the Website.
Except for actions for breach of Constasis, LLC’s proprietary rights in the Website, no action, regardless of form, arising out of this Agreement, may be brought by either party more than one (1) year after the cause of action has arisen.
5. Disclaimer of Warranties With Respect to Use of Website
The information provided on this Website is provided on an “As Is” basis. You agree that use of this Website is at your sole risk. Constasis, LLC disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the Website shall be to discontinue using the Website.
Constasis, LLC makes every commercially practicable effort to ensure the accuracy, quality and reliability of all information on this Website, and makes no warranties as to the results that may be obtained from the use of this Website or as to the accuracy, quality or reliability of any information obtained through this Website. Constasis, LLC makes no warranties as to the quality of the professionals contained in its listing, but rather provides a platform to share publicly reported data to advance transparency in the professionals’ sector to support informed consumer decision making.
Constasis, LLC does not endorse and is not responsible for any content created by consumers. Constasis, LLC reserves the right to screen, remove or edit consumer content at its sole discretion for any reason and without notice. We may remove an individual ranking review if it exceeds historic ranking trend for a professional or if the ranking review violates our ranking review policy.
7. Ranking Review Policy
- Published consumer rankings generally reflect the most recent three months prior in order to allow a practice to demonstrate current performance and reflect improved performance over time.
Performance Periods are:
Quarter 1: January 1 through March 31
Quarter 2: April 1 through June 30
Quarter 3: July 1 through September 30
Quarter 4: October 1 through December 31
1.1 Historic performance rankings are not removed from the published scoring if no member reviews were entered for the most recent performance period for a practice. For example, if ABC Practice has no member reports for the current period, but member reports for the period prior, Constasis will continue to publish the most recent performance.
1.2 For “Number of Patients who Received Behavioral Assessments from the Practice but no Therapies Began” and “Average Number of Billing Issues” categories, performance is included for one full performance or calendar year from the time an adverse ranking under this performance metric is reported.
2. A consumer may rank a practice from which they have received services. Evidence of a ranking from a consumer who has not received services from the practice may cause the ranking to be excluded or removed by Constasis, LLC.
3. Rankings may take up to and in some cases exceed 48 business hours to publish online.
4. For Behavioral Therapists, consumer members may rank the “Average Wait Time to Begin Services” for each practice one time.
5. A practice may have their rankings adjusted in the event the practice submits evidence that demonstrate the published rankings are inaccurate. All payor-deidentified evidence must be submitted through our secure portal in order to have rankings adjusted. Edits initiated by practices may or may not be publicly disclosed on the Website by Constasis, LLC, at our sole discretion.
You agree to indemnify and hold harmless Constasis, LLC, its directors, officers, employees, agents, co-branders, subsidiaries, parents, affiliates, successors and assigns from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, whether arising in contract, tort, or otherwise, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Website; content you submit, post, or transmit through the Website; your breach of this Agreement; or your connection to the Website.
9. Applicable Law. You agree that the laws of the state of South Carolina, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Constasis, LLC.
10. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
11. Waiver. The failure of Constasis, LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Constasis, LLC must be in writing and signed by an authorized representative of Constasis, LLC.
12. Termination. Constasis, LLC may terminate this Agreement at any time, with or without notice, for any reason.
13. Relationship of the Parties. Nothing contained in this Agreement or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such, and each party shall remain responsible for its own actions. The parties are not agents or legal representatives of each other, and no relationship of agent, master to servant, employer to employee, or franchisor to franchisee is established hereby between the parties. Neither party has the authority to bind the other or incur any obligation on behalf of the other party.
15. Contact Information.
1605 Central Ave., Ste. 6, #192
Summerville, SC 29483