Terms & Conditions

Terms & Conditions

Introduction. This Agreement between you and DEKAYE CONSULTING, Inc. consists of these PFS PowerRankings Terms and Conditions ("Terms and Conditions"), and the PFS Power Ranking Frequently Asked Questions (FAQ), which may be revised periodically. "You" means the entity identified in the enrollment form, and/or any organization, facility, hospital, agency, association, company or individual acting on its behalf, which shall also be bound by the terms of this Agreement. Please read very carefully these Terms and Conditions and the Program Frequently Asked Questions (the "FAQs").

PFS FAQs. The FAQs contain many important policies and procedures. DEKAYE Consulting, Inc. may modify the FAQs at any time upon notice published on PFS Power Ranking' s Web Site.

Parties' Responsibilities. You are responsible for knowing the contents of the FAQs. You are solely responsible for the submission of all data and questionnaires and for the honesty of questionnaires. DEKAYE Consulting, Inc. is not responsible for anything regarding your submissions, and not limited to, reliability of reporting, timeliness of reporting, or accuracy of reporting. You are responsible for the security of your PFS ID and Password. Information concerning your Password and/ ID outside of You and your listed Secondary Contacts on your Enrollment form is strictly prohibited. Upon changes in personnel, requests for password and Power Rank ID's changes will be made.

Termination; Cancellation. DEKAYE Consulting, Inc. may at any time, at its sole discretion, terminate the PFS Power Rankings, terminate this Agreement, or cancel the submissions of the monthly questionnaire. DEKAYE Consulting, Inc. will notify you via email of any such termination or cancellation, which shall be effective immediately. Termination of your account shall be effective when DEKAYE Consulting, Inc. sends notice to You via email. Should You wish to terminate this Agreement for any reason, you shall remain liable for the amount due through your month of cancellation. Refunds will be made on a pro rata basis for the remainder of your subscriber balance. There are no refunds, credits or extensions when hospital submitters who fail to submit data in the time frames set out elsewhere. No refund will be made DEKAYE Consulting, Inc. terminates a subscription for any improper use of the web site, violation of rules, unauthorized access, or other reasons that compromise the integrity of the information or functions of the Power Rankings.

Confidentiality. Each party agrees not to disclose the identity of the hospital, facility, individual, agency, corporation, association company without prior written consent except as provided herein. "Confidential Information" includes names, addresses, telephone numbers, or disclosure of proprietary data. It does not include information that has become publicly known through no breach by a party, or has been (i) independently developed without access to the other party's Confidential Information; (ii) rightfully received from a third party; or (iii) required to be disclosed by law or by a governmental authority.

Non-Submitter Access: Those facilities, agencies, companies, agencies, associations, hospitals, or individuals who subscribe as non-submitters are only granted access to national, regional and bed size rankings.

Limitations of Liability. In no event shall DEKAYE Consulting, Inc. be liable for any act or omission, or any event directly or indirectly resulting from any act or omission of You or any third parties (if any). EXCEPT FOR THE PARTIES' INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and network, ISP and power failures.

Payment. Payment for annual subscription is due at the time of enrollment under this Agreement, and DEKAYE Consulting, Inc. may change its annual subscription pricing at any time, as reflected on its website or notice by mail or email. There are no pro rata refunds and/or credits for those facilities, hospitals, etc. failing to submit their monthly data questionnaire, as reflected in the FAQs. Charges shall be calculated solely based on records maintained by DEKAYE Consulting, Inc. No other measurements or statistics of any kind shall be accepted by DEKAYE Consulting, Inc. or have any effect under this Agreement. Annual payment are due on or before the annual expiration date. DEKAYE Consulting, Inc. will, at its discretion, terminate a subscription for non-payment of services.

Representations and Warranties. You represent and warrant that (a) all of the information provided by you to DEKAYE Consulting, Inc. to enroll in the PFS Power Rankings is correct and current; (b) that the questionnaire you submit to PFS Power Rankings is based on data that is accurate and not false or misleading.

Your Obligation to Indemnify. You agree to indemnify, defend and hold DEKAYE Consulting, Inc. its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against DEKAYE Consulting, Inc., arising out of, related to or which may arise from your use of PFS Power Rankings and the web site and/or your breach of any term of this Agreement. DEKAYE Consulting, Inc. is not responsible for any investment, interpretation of other use of the data presented in the rankings or web site, or from any disclosure about identities of subscribers made by others.

Miscellaneous. DEKAYE Consulting, Inc. at its sole discretion will address any client problems arising from its subscription to the PFS Power Ranking. Any decision made by DEKAYE Consulting, Inc. under this Agreement shall be final. DEKAYE Consulting, Inc. shall have no liability for any such decision. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by DEKAYE Consulting, Inc. in collecting unpaid amounts under this Agreement. This Agreement shall be governed by the laws of New York, except for its conflicts of law principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Nassau County, New York. This constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. Subscriber may not resell, assign, or transfer any of its rights hereunder. Any such attempt may result in termination of this Agreement, without liability to DEKAYE Consulting, Inc.

2003 DEKAYE Consulting, Inc.. All Rights Reserved.
No part of this web site, or the contents, and images contained herein may be used or reproduced
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231 Oakview Avenue, Oceanside, NY 11572 Phone: (516) 678-2754 Fax: (516) 825-4458
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