CDM FOCUS

CDM FOCUS User Agreement

This User Agreement governs your relationship with Innovative Health Solutions. "IHS" and protects the proprietary products and services offered on this website. It describes the terms and conditions applicable to your use of these products and services. All users of the CDM FOCUS website must accept these terms and conditions as a condition to use of the website's services. 1. Acceptance of Terms and Conditions. Your use of any of the products and services on the website constitutes acceptance of the terms and conditions of this User Agreement. If you do not accept these terms and conditions or have any questions about this User Agreement, please email us at support@ihsinfo.com. All end users must indicate their acceptance of the terms of this user agreement by checking the box labeled “I Accept the Terms of this User Agreement” at the bottom of this page and clicking the “Continue” button. 2. Amendments. We may amend this User Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective when they are posted on our site. 3. Innovative Health Solutions’ Intellectual Property Rights. IHS owns all right, title and interest in all (a) tangible and intangible rights associated with works of authorship, including without limitation copyrights and mask works, (b) trademark and trade name and logo rights, (c) trade secret rights, (d) patents, (e) designs, (f) algorithms, (g) registration, application, renewal, extension and continuation rights, (h) HTML files, Java files, graphics files, animation files and data files, scripts and programs, both in object code and source code form and all documentation related thereto and (i) website content (collectively, "Intellectual Property Rights"), which are included in or made available on and/or used in the CDM FOCUS website. You agree to maintain the confidentiality of such Intellectual Property Rights and not to disclose them to third parties and that you will use the foregoing Intellectual Property Rights only for your own private purposes in utilizing the products and services provided by IHS and not for any commercial purpose without IHS’ prior written consent. 4. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the IHS site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose to or share your password with any third parties or use your password for any unauthorized purpose. 5. Breach. We may terminate your subscription or bar your access to the products, services and content of our website immediately if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. 6. Privacy. We promise to maintain the privacy and confidentiality of any information you provide to us. You agree to permit us to use such information in order to process your account and to provide the services to you that we provide to our subscribers. We will maintain a database of our subscribers and a mailing list, which will include your name and the information you supplied us. Your information will not be made generally available to the public or to our other subscribers. 7. No Warranty. WE AND OUR SUPPLIERS PROVIDE THE CDM FOCUS WEBSITE AND OUR PRODUCTS AND SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. 8. Limit of Liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. CDM FOCUS is provided "as is" without any liability to Innovative Health Solutions (IHS) or the American Medical Association (AMA), including, without limitation, no liability for consequential or special damages or lost profits for sequence, accuracy or completeness of data, or that it will meet end user's requirements. The sole responsibility of Innovative Health Solutions and the American Medical Association is to use reasonable efforts to correct defects in the system. 9. General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our services. 10. No Agency. You and IHS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. 11. Notices. Except as explicitly stated otherwise, any notices shall be given by email to support@ihsinfo.com (in the case of IHS) or to the email address you provide to IHS during the registration process (in your case), or such other address as the party shall specify by e-mail or in writing. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to IHS during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 12. Use of CPT Information. CPT Codes, descriptions, and material only are copyright 2004 American Medical Association (AMA). All Rights Reserved. No fee schedules, basic units, relative values or related listings are included in CPT. AMA does not directly or indirectly practice medicine or dispense medical services. AMA assumes no liability for data contained or not contained herein. CPT is a trademark of the American Medical Association. The AMA disclaims any liability for any consequences due to use, misuse or interpretation of information contained or not contained in CPT. The provision of an updated version of CPT in CDM FOCUS is dependent upon Innovative Health Solutions’ continuing contractual relations with the AMA. CPT or other information contained in CDM FOCUS and obtained by the subscriber may not be used in any public electronic bulletin board, or public computer based information system outside of its use in CDM FOCUS. Subscriber may not create derivative works based on CPT or sell, lease or license it or otherwise make CPT information or any portion thereof available to any unauthorized party. Subscriber will ensure that anyone who has authorized access to CDM FOCUS will comply with the provisions of this Agreement. 13. General. This Agreement shall be governed in all respects by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely within the State of New Jersey between New Jersey residents. Both parties submit to jurisdiction in New Jersey and further agree that any cause of action arising under this Agreement shall be brought exclusively in a state or federal court in the State of New Jersey We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. Moreover, we may from time to time interrupt service on our site to perform maintenance or upgrade operations and you agree that we shall be permitted to make such interruptions as necessary to perform such operations. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.