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IMPORTANT - READ CAREFULLY:
BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE ACCEPTANCE BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE 18 YEARS OF AGE OR OLDER; (ii) ARE, OR ARE AUTHORIZED TO SIGN FOR AND BIND,
THE CONTRACTING PARTY DEFINED BELOW AS "END USER"; AND (iii) HAVE READ, UNDERSTAND AND AGREE ON BEHALF OF END USER TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS ONLINE SUBSCRIPTION AGREEMENT.
each of which may be viewed at selectcoder.decisionhealth.com, govern your subscription to and use of the DecisionHealth,
LLC’s Select Coder website, content and service (collectively, the “Service”). Any purchaser or user of any materials accessible via the Service is an End User for purposes of this Agreement.
The Agreement is a legal and binding instrument entered into as of the date of electronic acceptance by End User
(the "Effective Date"), by and between DecisionHealth, LLC ("DecisionHealth"), and End User, the individual or entity entering into this Agreement. DecisionHealth reserves the right to amend this Agreement from time to time without notice to End User.
TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (the “Terms and Conditions”), and any ordering documents signed by the parties, including any exhibits thereto (“Order” or “Orders” and together with the Terms and Conditions, the “Agreement”) represents the parties’ entire understanding regarding the Customer’s access and use of the website (the “Website”) to which these Terms and Conditions relate, along with the services and Content (as defined below) offered on the Website. The Website, services and Content are collectively referred to herein as the “Application”. The Application is a product of DecisonHealth, LLC (“DecisionHealth”, “we” or “our”).
The term “you” and “your” refer to anyone who accesses the Application including Customer and its Users (as defined below).
TERMS AND CONDITIONS
DecisionHealth may change these Terms and Conditions at any time without notice. Changes will be posted on the Website under “Terms and Conditions”.
Your use of the Application after any changes have been posted will constitute your agreement to the modified Terms and Conditions and all of the changes. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this Application after changes are posted constitutes your acceptance of these Terms and Conditions as modified by the posted changes.
Access to the Application is limited to Customer and, to the extent permitted in any Order, those individuals authorized by Customer or on Customer's behalf, and who are Customer's employees, agents or contractors ("Users"). To subscribe to the Application, Customer may be required to execute a signed copy of a subscription agreement or Order and Customer must accept these Terms and Conditions. Each User must complete the online registration process, including User's electronic acceptance of these Terms and Conditions, and we must then accept such online registration. We may reject an online registration by a potential User in our sole discretion and we are not obligated to provide a reason for our rejection. The Application is available ONLY for the number of designated Users identified in Customer’s Order and may not be shared with other non-designated persons or entities. Unless specifically designated as a multi-user subscription in an Order executed by the Customer, your subscription to the Application is a single-user subscription.
As part of the online registration process, we will collect certain limited information about each User ("Registration Data"). All Registration Data provided by or on behalf of User must be current, complete and accurate, and User is solely responsible for updating such Registration Data as necessary. Subscriptions accessed with individual user name and password are granted a nonexclusive, non-concurrent, nontransferable, limited license to access the Application. We reserve the right to terminate User’s access to the Application immediately in the event any Registration Data is found to be inaccurate, incomplete or not current at any time. Customer shall notify DecisionHealth of the termination of any User registration and any new Users must provide Registration Data prior to accessing the Application.
As part of the online registration process, we will assign a user name to you and you will choose a password. The Customer and each designated User are responsible for the confidentiality and use of the User's name and personal password and all activity and use under the user name and password. User agrees to notify us immediately of any unauthorized use of User’s account or any other breach of security. We shall not be liable for any loss that User may incur as a result of a third party using its password or account, either with or without its knowledge. User may be held liable for losses incurred by us or another party due to a third party using User's account or password.
USE OF THE APPLICATION
DecisionHealth hereby grants you a non-exclusive, non-transferable, limited license to access and use the Application under the terms set forth below.
The Application and the content, including, but not limited to, text, data, reports, opinions, images, photos, audio, graphics, graphs, analysis, charts, search engine, third-party content, animations and video (the “Content”), displayed in the Application are subject to copyright, database protection, and other rights of DecisionHealth under the laws of the United States and the country of use. Customer acknowledges that it has no claim to ownership by reason of its use of or access to the Application. Except as otherwise permitted under these Terms and Conditions, neither Customer nor any User may resell, distribute, post on the internet or on any intranet, or otherwise use the Application, on a timeshare or service bureau basis for purposes of reselling the Application or any Content thereon. Neither the Application nor any Content may be copied, reproduced, modified, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted or distributed in whole or in part, directly or indirectly, bundled or unbundled for purposes of reselling the Application or related Content or otherwise charging others to use the Application or Content. Except as otherwise permitted herein, neither Customer nor any User may redistribute, reproduce, retransmit, disseminate, sell, publish, broadcast, or circulate the information contained in the Application to any third party without our express written consent. A User may access and use the Application solely for the purpose of performing services for the Customer or for use in such User’s capacity as an employee of Customer. Users are strictly prohibited from accessing or using the Application for the benefit of any party other than Customer. Other than as may be required to comply with laws and regulations to which you may be subject (and then, only with the prior written consent of DecisionHealth), it is strictly prohibited for Customer or any User to download copies of the Application or any Content related thereto for archival use. No other distribution of the Application or any Content related thereto by Customer or any User including, but not limited to, distribution via site licensing, on-line distribution, off-line downloading, FTP site, tapes, discs, CD-ROM, optical media, thumb drive, hard copy formats, or print publication shall be permitted without our express written permission. Customer specifically agrees and understands that no rights to sub-license to any third party are being granted to you under this Agreement. Except for the limited license specifically provided herein, this Agreement shall not transfer to you any right to, or interest in, the Application or in any Content, or in any copyright or trademark pertaining thereto. Each of Customer and any User acknowledge that they have no claim to ownership of the Application or any Content related thereto simply by reason of use of or access to the Service.
You agree to use the Application only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Application.
The Application and Content are each the exclusive property of DecisionHealth or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos in the Application and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed in the Application may be registered or unregistered marks of DecisionHealth or others. Nothing contained in this Application should be construed as granting any license or right to use any of the Marks displayed in the Application without the express written permission of DecisionHealth or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. To request permission to use any Content or other DecisionHealth material, please contact DecisionHealth at customerservice@DecisionHealth.com.
You shall honor all reasonable requests by DecisionHealth to protect DecisionHealth's proprietary interests in the Application and Content.
DecisionHealth reserves the right to monitor your use of the Application to ensure compliance with this Agreement and prevent fraudulent use. You acknowledge that such monitoring of use may include determining whether or not the Application is accessed under the account from multiple IP addresses, as well as noting excessive downloads or a disproportionate number of Users. Systematic access or extraction of content from the Application, including, but not limited to, the use of "bots" or "spiders," is prohibited. If such monitoring indicates you are not in compliance with this Agreement or if fraudulent activity is suspected, DecisionHealth reserves the right to take such action as it deems necessary, including, but not limited to, assessing additional charges for Users or downloaded records in excess of the number authorized, or suspension or termination of the account.
Customer shall be solely responsible for obtaining and maintaining appropriate equipment and ancillary services needed to connect to, access or otherwise use the Application, including, without limitation, computers, computer operating system and web browser (collectively, "Equipment"). Customer shall ensure that Equipment complies with all configurations and specifications set forth in DecisionHealth’s published documentation.
THE CONTENT AND THE WEB SITE ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. DECISIONHEALTH DOES NOT MAKE ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE APPLICATION, THE APPLICATION'S CONTENT, THE OTHER CONTENT, OR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE APPLICATION. DECISIONHEALTH HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT. DECISIONHEALTH SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FORANY DAMAGES RESULTING THEREFROM.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DECISIONHEALTH AND/OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APPLICATION, WITH THE DELAY OR INABILITY TO USE THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DECISIONHEALTH (OR ANY OF ITS AFFILIATES) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL DECISIONHEALTH, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.
You agree to indemnify and hold harmless DecisionHealth, its affiliates and agents, from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against DecisionHealth related to or in any way connected with any use of the Application by you or any failure by you to perform your obligations in relation to the Terms and Conditions.
Users entering material into the Application are responsible for the Other Content. DecisionHealth has no responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Website. However, DecisionHealth retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that DecisionHealth deems to be illegal, offensive, or otherwise inappropriate.
You may not input or distribute any material through the Application that is promotional in nature, including solicitations for funds or business, without the prior written authorization of DecisionHealth.
PROTECTED HEALTH INFORMATION
For purposes of these Terms and Conditions the term “Protected Health Information” or “PHI” shall have the meaning given to such term by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) regulations on patient privacy, confidentiality, security, transactions and unique identifiers, including 45 C.F.R. Parts 160 through 164, as revised and amended from time to time.
The Application is not intended to be utilized by Customer or any User for purposes of inputting, displaying or storing Protected Health Information. You are specifically directed to refrain from entering Protected Health Information into the Application.
LINKS TO OTHER WEB SITES
You may, through hypertext or other computer links, gain access to web sites operated by persons other than DecisionHealth. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites' owners. You agree that DecisionHealth is not responsible for the content or operation of such web sites, and that DecisionHealth shall have no liability to you or any other person or entity for the use of third party web sites. Except as described below, a hyperlink from the Website to another web site does not imply or mean that DecisionHealth endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from the Website and you shall be subject to the terms and conditions of such other web sites.
Data obtained from use of the Application may contain Current Procedural Technology Codes ("CPT") owned by the American Medical Association ("AMA") and licensed to DecisionHealth. The terms of this section apply only to CPT codes and related content.
CROSSWALK, REVERSE CROSSWALK AND / OR RELATIVE VALUE GUIDE
Data obtained from use of the Application may contain CROSSWALK editorial content (“CROSSWALK”), Reverse CROSSWALK editorial content (“Reverse CROSSWALK”) and Relative Value Guide editorial ("Relative Value Guide”) owned by the American Society of Anesthesiologists ("ASA") and licensed to DecisionHealth. The terms of this section apply only to CROSSWALK, Reverse CROSSWALK and Relative Value Guide and related content (collectively, the “ASA Content”).
You expressly agree not to use the Application in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Application. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions could be subject to criminal or civil penalties.
You are entirely liable for activities conducted by you in connection with your browsing and use of the Application. If you are dissatisfied with the Application or with these Terms and Conditions, your sole and exclusive remedy is to stop using the Application. If these Terms and Conditions are not acceptable, you must notify DecisionHealth prior to accepting the Terms and Conditions and DecisionHealth will refund any amounts paid by Customer. After acceptance of these Terms and Conditions you will be bound by the terms of your Agreement. DecisionHealth will not pay you any damages in connection with your browsing or use of the Application.
These Terms and Conditions are effective until terminated by DecisionHealth. DecisionHealth may terminate these Terms and Conditions with respect to you or any other third party without notice at any time for any reason. Upon termination all rights granted in these Terms and Conditions shall immediately cease to exist and you must promptly discontinue all use of the Application and destroy all copies of the Content downloaded by you. In addition, in the event that we determine, in our sole discretion, that you have breached any of our Terms and Conditions, we reserve the right to terminate access to the Application and take any other action which we, in our sole discretion, deem to be appropriate. All terms that by their nature should survive termination of the Agreement will survive.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice. You agree that we shall not be liable to you or your clients or to any third party for any modification, suspension or discontinuance of the Application, subject to refund of any prepaid fees.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Application are: Copyright 2000 - 2014 by DecisionHealth and/or its affiliates. All rights reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to DecisionHealth's designated contact referenced at the end of these Terms and Conditions. ALL INQUIRIES NOT SUBMITTED ACCORDING TO THIS PROCEDURE WILL RECEIVE NO RESPONSE.
This Application is controlled by DecisionHealth from its offices within the State of Maryland, United States of America. DecisionHealth makes no representation that the Application is appropriate for use in other locations. Any claim relating to the Application will be governed by the laws of the State of Maryland, notwithstanding any conflicts of law principles, and the United States of America. You and DecisionHealth agree that and hereby submit to the exclusive personal jurisdiction and venue of the State and Federal Courts located in Montgomery County, Maryland with respect to any such claim. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Application and these Terms and Conditions must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. Any part of these Terms and Conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions. All waivers must be in writing. Any waiver or failure to enforce these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. DecisionHealth may without prior written consent of Customer assign its rights and obligations hereunder to the surviving entity in a merger or consolidation in which it participates or to a purchaser of all or substantially all of its assets. You may not assign your rights or obligations granted under these Terms and Conditions without the prior written consent of DecisionHealth. Any attempted assignment or transfer without such prior written consent from DecisionHealth shall be null and void. The headings of sections of these Terms and Conditions are for convenience only and are not to be used in interpreting these Terms and Conditions. In the event DecisionHealth is required to initiate legal proceedings to enforce any provision of these Terms and Conditions or you initiate any legal proceedings relating to these Terms and Conditions, the prevailing party shall be entitled to recover all reasonable attorneys' fees from the other party. These Terms and Conditions, along with any subscription agreement, end user agreement or order form between the parties, constitute the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. These Terms and Conditions may only be modified by DecisionHealth in writing.
All requests for further information or for permission to reproduce any portions of the Content or Application should be directed to: DecisionHealth, LLC, 9737 Washingtonian Blvd, Suite 200, Gaithersburg, MD 20878, PHONE: 301-287-2266; FAX: 301-287-2761. Attention: General Counsel
These Terms and Conditions were last updated on February 11, 2014.
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