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Welcome to LMRPdata.com provided to you by HyperCereus
Medical Inc! By using our Web site or data prodcuts you agree to
the following terms of use, which constitute an agreement between
HyperCereus Medical and you. We may change these terms from time
to time.
Scope of These Terms
These terms of use apply to your use of our LMRPdata.com Web site,
affilated Web sites, and data products. We have other Web sites
that are covered by different terms of use. The terms of use for
each of our Web sites are available on the home page of that Web
site. When you leave one of our Web sites and go to another Web
site (whether controlled by us or by a third party), different terms
may apply.
LMRPdata.com and data products are our for physicians,
coding professionals and allied health care professionals.
Our Information
We include a lot of information on LMRPdata.com, including articles,
references, tools, continuing education for medical professionals,
and advertising. Please remember that all of the information on
LMRPdata.com is meant for adults who are licensed healthcare professionals.
While we hope you find it helpful, you should remember that it is
not meant to serve as a substitute for your own clinical judgment
as a healthcare professional. If you are a consumer who chooses
to use the professional-level information on LMRPdata.com, you should
not rely on that information as professional medical advice or use
it to replace any relationship with your physician or other qualified
healthcare professional. For medical concerns, including decisions
about medications and other treatments, consumers should always
consult their physician or, in serious cases, seek immediate assistance
from emergency personnel.
We follow a standard set of editorial procedures
for information that we put on LMRPdata.com. However, we don't offer
you any warranty or guarantee related to our Web sites. We specifically
disclaim any warranties, express or implied, including implied warranties
of merchantability or fitness for a particular purpose. It's your
job to evaluate the information and results from tools we provide.
If you are a healthcare professional, you should exercise your professional
judgment in evaluating any information, and we encourage you to
confirm the information contained on our Web site with other sources
before undertaking any treatment or reimbursement decisions based
on it. If you are a consumer, you should evaluate the information
together with your physician or another qualified healthcare professional.
Some information on our Web site may come from you
or from other users. We are not responsible for that information.
Whether the information comes from us or from you, we're not liable
for any damages resulting from your use of the information on our
Web site.
Although we are selective about the organizations
we link to, we don't assume any responsibility for any Web sites
that are linked to our site or that you browse to after following
a link from our site.
Our Tools and Databases
We include clinical tools and databases intended for the use of
healthcare professionals on our Web site. Our tools don't give professional
healthcare advice or recommend particular products. Physicians and
other healthcare professionals who use our tools or databases should
exercise their own clinical judgment as to the results. Consumers
who use the tools or databases do so at their own risk.
Individuals with any type of medical condition are
specifically cautioned to seek professional medical advice before
beginning any sort of health treatment. For medical concerns, including
decisions about medications and other treatments, users should always
consult their physician or other qualified healthcare professional.
Ownership of LMRPdata.com & Copyrights
CPT© 2006 American Medical Association. 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 registered trademark of the American Medical Association. Applicable
FARS\DFARS Restrictions Apply to Government Use.
U.S. Government Rights. This web site includes CPT
which is commercial technical data and/or computer data bases and/or
commercial computer software and/or commercial computer software
documentation, as applicable which were developed exclusively at
private expense by the American Medical Association, 515 North State
Street, Chicago, Illinois, 60610. U.S. Government rights to use,
modify, reproduce, release, perform, display, or disclose these
technical data and/or computer data bases and/or computer software
and/or computer software documentation are subject to the limited
rights restrictions of DFARS 252.227-7015(b)(2)(June 1995) and/or
subject to the restrictions of DFARS 227.7202-1(a)(June 1995) and
DFARS 227.7202-3(a)June 1995), as applicable for U.S. Department
of Defense procurements and the limited rights restrictions of FAR
52.227-14 (June 1987) and/or subject to the restricted rights provisions
of FAR 52.227-14 (June 1987) and FAR 52.227-19 (June 1987), as applicable,
and any applicable agency FAR Supplements, for non-Department Federal
procurements.
We or our partners own the information on LMRPdata.com.
In fact, the entire contents and design of LMRPdata.com are protected
under U.S. and international copyright laws. You may look at our
Web site online, download individual articles to your personal or
handheld computer for later reading, and even print a reasonable
number of copies of pages for yourself, your family, or friends.
You must not remove any copyright notices from our materials. You
may not download any coding rule data sets in part or whole such
as the National Correct Coding Initiative (NCCI) or Medical Necessity
Crosscodes for use in any private, commercial or public application.
We reserve all our other rights. Among other things, this means
you must not sell our information, rewrite or modify it, redistribute
it, put it on your own Web site, or use it for any commercial purpose
without our prior written permission.
Linking to Us
Usually, we don't mind if you have a simple link from your Web site
to ours. However, you must first ask our permission if you intend
to frame our site or incorporate pieces of it into a different site
or product in a way that is not clear to our users. You aren't allowed
to link to us if you engage in illegal, obscene, or offensive content,
or if the link in any way has a negative impact on our reputation.
We make data, software and accompanying documentation
available from our Web sites. These materials are the copyrighted
work of HyperCereus Medical or companies that have licensed the
software to us. We do not transfer any ownership rights in data,
software or documentation to you when you purchase it; rather, you
are allowed to use the data, software and documentation under the
terms of a license agreement. You must read the license agreement
that accompanies each product and indicate your agreement to those
terms upon ordering and purchasing the materials. You are not authorized
to attempt to recreate or reverse engineer our data or software.
See data product licensing below.
HyperCereus Medical makes no representation that
materials on these Web sites are appropriate or available for use
in other locations, and accessing them from territories where their
contents are illegal is prohibited. Those who choose to access these
sites from other locations do so on their own initiative and are
responsible for compliance with local laws.
Acceptance Procedure
By registering, accessing materials on our Web site or purchasing
our data sets you agree with all the terms and conditions of this
agreement.
We reserve the right, at our sole discretion, to
change the terms and conditions of this Agreement from time to time,
and your continuing use of our Web sites or data prodcuts constitutes
your acceptance of and agreement to any changed terms and conditions.
Privacy Policy
Because we are in the healthcare area, we pay special attention
to privacy issues. The purpose of our privacy policy is to identify
the information we may collect about you, describe the uses we may
make of your information and the security measures we take to protect
it, and discuss your options for controlling your information.
Subscription Policy
Several tools and services may be provided on our web sites for
annual access fees. For our access/uptime policies please see the
Uptime paragraph below. Limitations on access are dictated by the
type of access purchased. Restrictions apply to our Coding and
Compliance toos, where CPT/CPT, ICD-9, and LMRP/CCI queries are
limited to 500 queries per month/per user. Exceeding licensed access
(number of users given access or number of queries) may result is
increased access fees or suspension of service without refund.
Warrenties &
Disclaimers
HyperCereus Medical makes no representation or warranty,
and expressly disclaims any liability with respect to the content
of any information or data on its Web sites, including but not limited
to errors or omissions contained therein, libel, infringement of
rights of publicity, privacy, trademark rights, moral rights, or
the disclosure of confidential information. Except for the express
warranties stated herein, theWeb information and data are provided
on an "as is" basis. Hypercereus Medical disclaims any and all other
warranties, conditions, or representations (express, implied, oral
or written), relating to the Web information or data or any part
thereof, including, without limitation, any and all implied warranties
of quality, performance, merchantability or fitness for a particular
purpose. HyperCereus Medical further expressly disclaims any warranty
or representation to Authorized Users, or to any third party.
The responsibility for the content of any "National
Correct Coding Policy" included on this web site is with the
Centers for Medicare and Medicaid Services and no endorsement by
the AMA is inteneded or should be implied. The AMA disclaims responsibility
for any consequences or liability to or related to any use , nonuse
or interpretation of information contained on this web site.
Uptime
We strive to provide 24X7 access to our tools and
databases. Credits will not be provided to you in the event that
you have no access to our Web Site(s), data or tools resulting from
(i) scheduled maintenance, (ii) your behavior or the performance
or failure of your equipment, facilities or applications, or (iii)
circumstances beyond HyperCereus Medical's reasonable control, including,
without limitation, acts of any governmental body, war, insurrection,
sabotage, embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability of, interruption
or delay in telecommunications or third party services (including
DNS propagation), failure of third party software or hardware.
Data Product Licensing
For data products, Licensee is granted, non-transferable,
non-exclusive use of the Licensed Materials and the right to provide
the Licensed Materials incorporated into "Software Applications"
developed or licensed by the Licensee to Authorized End-Users. Licensee
assumes all responsibility to assure that the Licensed Materials
are appropriate for the systems and uses to which it is put. This
license shall include the right to: (i) copy the Licensed Materials
for use and distribution by Licensee to End-Users, as permitted
by this Agreement; (ii) use the Licensed Materials for internal
purposes in a non-clinical setting for back-up, archival, support,
testing, training and demonstration purposes; (iii) market and demonstrate
the Licensed Materials to End-Users or potential End-Users.
Use of our data prodcuts requires semiannual reporting
of new, renewed and updated users. Licensee will provide to the
Licensor, a report of the number of new, renewed and updated users
for each semiannual period, due on June 30 and December 30 of each
year. A copy of the semiannual CPT royalty statement provided to
the AMA shall also be provided to the Licensor on a semiannual period.
Authorized End-Users are defined as product end-users
(individuals or groups involved in the delivery of healthcare) accessing
the Licensed Materials within the Licensee's Software Applications.
Except as specifically provided elsewhere in this
agreement, Licensee shall not knowingly permit anyone other than
Authorized End-Users to use the Licensed Materials. Licensee may
not remove, obscure or modify any copyright or other notices included
in the Licensed Materials. Licensee and Authorized End-Users may
not alter, modify, merge, reproduce, reverse engineer, decompile,
disassemble or create derivative works of the data or documentation.
Data and documentation which are incorporated into software or applications
products, hard copy, and/or digital materials shall continue to
be subject to the terms and conditions of this Agreement. Licensee
shall not be permitted to resell, sublicense, or distribute, the
Licensed Materials or any updates to Non-Authorized Users. Except
as specifically permitted in this Agreement, Licensee may not use
the Licensed Materials for commercial purposes, including but not
limited to the sale of the Licensed Materials or bulk reproduction
or distribution of the Licensed Materials in any form without the
prior written permission of Licensor and payment of licensing fees.
Licensee is responsible for all third-party license
fees for software and data necessary to run the Licensed Materials
except those that are provided as part of the Licensed Materials.
For the CPT, which requires sublicensing,, the Licensee will be
responsible for all requirements established by the AMA
All materials that reference the relationship between
Licensee and HyperCereus Medical, whether developed by either party,
including marketing, distribution, press releases, public relations,
and promotion of the relationship shall be submitted to the other
party for approval, which approval shall not be unreasonably withheld
or delayed. (However, the simple mention of either company's name
and the nature of the relationship as a Licensee or supplier of
the other shall not require approval).
Neither party shall be liable for any indirect,
special, incidental, punitive or consequential damages, including
but not limited to loss of data, business interruption, or loss
of profits, arising out of the use of or the inability to use the
Licensed Materials. Licensor makes no representation or warranty,
and expressly disclaims any liability with respect to the content
of any Licensed Materials, including but not limited to errors or
omissions contained therein, libel, infringement of rights of publicity,
privacy, trademark rights, moral rights, or the disclosure of confidential
information. Except for the express warranties stated herein, the
Licensed Materials are provided on an "as is" basis, and Licensor
disclaims any and all other warranties, conditions, or representations
(express, implied, oral or written), relating to the Licensed Materials
or any part thereof, including, without limitation, any and all
implied warranties of quality, performance, merchantability or fitness
for a particular purpose. Licensor makes no warranties respecting
any harm that may be caused by the transmission of a computer virus,
worm, time bomb, logic bomb or other such computer program. Licensor
further expressly disclaims any warranty or representation to Authorized
Users, or to any third party.
Each party shall indemnify and hold the other harmless
for any losses, claims, damages, awards, penalties, or injuries
incurred by any third party, including reasonable attorney's fees,
which arise from any alleged breach of such indemnifying party's
representations and warranties made under this Agreement, provided
that the indemnifying party is promptly notified of any such claims.
The indemnifying party shall have the sole right to defend such
claims at its own expense. The other party shall provide, at the
indemnifying party's expense, such assistance in investigating and
defending such claims as the indemnifying party may reasonably request.
This indemnity shall survive the termination of this Agreement.
Consequences
If you don't comply with these terms, we have the right to suspend
or eliminate your account, and remove any information you have placed
on our site. We may also take any legal action we think is appropriate.
If your violation of this agreement causes harm to others, you agree
to hold HyperCereus Medical harmless against any liability for that
harm. If there is any dispute between us concerning this agreement
or your use of our Web site or data products, we both agree to submit
the dispute to non-binding mediation, followed by binding arbitration.
Both the mediation and the arbitration will be governed under the
rules of the American Arbitration Association, and the venue for
the arbitration will be in Arizona.
Questions or Concerns about Our Terms of Use
For questions or concerns about these terms of use, please send
an email to info@cereusmed.com.
Revision date: These terms of use were last updated
on Dec 01, 2006.
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