This Agreement sets forth the terms and conditions that govern your access and use of the individual Web Sites and related Internet media properties owned or operated by PDM Productive Data Management (hereinafter "PDM") and its affiliates and subsidiaries, (collectively the "Site"). All content uploaded or added in any way to the PDM website is owned by PDM
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. PDM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
This Agreement includes PDM's Privacy Policy and any specific terms on individual PD< Web sites owned and operated by PDM, each of which is incorporated into this Agreement in its entirety by reference, to which you are indicating your agreement and acceptance to be bound by the provisions thereof, by way of your use of the Site.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are PDM, its affiliates and subsidiaries or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR e-SOFTWARE.
Subject to more specific terms on individual PDM Web sites, you may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials (certain areas require paid license fee prior to downloading any material). Any material printed or downloaded by you from this Site, including, without limitation, any text, files, images, software, and data accompanying the foregoing is licensed to you by PDM. Printing or downloading the material does not transfer title to the material, or any intellectual property rights therein, to you. You may not redistribute or sell the material.
Subject to more specific terms on PDM, you may post and submit certain information and content to the Site. You agree to grant to PDM a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to PDM by all means and in any media now known or hereafter developed. You also grant to PDM the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against PDM for any alleged or actual infringement or misappropriation of any proprietary right in your communications to PDM.
PDM may use the information it obtains as a result of your registration with the Site, including but not limited to your IP address, name, mailing address, and email address for its internal business and marketing purposes and may disclose the information to third parties for such purpose pursuant to PDM's Privacy Policy.
2. Trademarks.
PDM powerpoint presentations, videos, seminars, e-conferences, events, trade shows, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of PDM, including the "look" and "feel" of the Site, PDM's color combinations, layout, and all other graphical elements. Any use of PDM's trademarks is strictly prohibited without the express permission from PDM. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
3. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by PDM, PDM does not operate, control or endorse any information, products or services on the Internet in any way. Except for PDM identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with PDM. You also understand that PDM cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
PDM offers a search feature within the Site. PDM explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. PDM also disclaims any responsibility for the completeness or accuracy of any directory or search result.
All data uploaded by Customer remains the sole property of Customer that is subject to the other terms of this Agreement. Customer grants PDM a non-exclusive term license to use, modify, copy and prepare derivate words. Customer may at any time download its Customer Data from the Services. PDM may use during and after this Agreement all aggregate non-identifiable information and data for purposes of enhancing the Services, technical support and other business purposes, all in compliance with the HIPAA Privacy Standards, including without limitation the limited data set and de-identification of information regulations.
Customer may allow its (a) employees and contractors to access the Services in compliance with the terms of this Agreement, which access must be for the sole benefit of Customer, and (b) clients (only if acting as a service provider to them) access to the Service as part of providing medical billing, accounts receivable management, transcription, coding, or other medical office support services to such clients (Service Provider).
Customer is responsible for the compliance with this Agreement by its employees, contractors and clients, as the case may be.
Each employee, contractor and client, as the case may be, must agree to PDM’s end user license agreement before using the e-software.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, an official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any PDM product or service if you are not expressly authorized by such party to do so.
m) Register as a competitor and steal or otherwise copy any information contained in the site including the design or materials copyrighted in the site. Failure to comply will result in immediate legislative action.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. PDM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND PDM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE ANY SUCH MERCHANDISE, INFORMATION, SERVICE OR TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK.PDM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL PDM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF PDM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, TRANSACTION AND/OR MATERIALS PROVIDED OR DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, PDM'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The aggregate liability for the Company to you for all claims arising from your use of the Site is limited to $100.
4. Equipment.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.
5. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless PDM, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you, your use and access of the Site whether by you or activity undertaken under the auspices of your account.
PDM reserves the right to release current or past member or Web site user information if PDM believes that a member's account is being used to commit unlawful acts, if the information is subpoenaed and/or if PDM deems it necessary and/or appropriate.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of PDM and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7. Term & Termination.
Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement. PDM reserves the right to terminate this Agreement without notice if, in PDM's sole discretion, you fail to comply with any of the terms of this Agreement. Upon termination, you must destroy all materials obtained from the Site, copies, and related documentation.
PDM may immediately suspend the Services and remove applicable Customer Data if it in good faith believes that, as part of using the Services, Customer may have violated a law. PDM may try to contact Customer in advance, but it is not required to do so.
8. Special Terms for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Software or other goods from the Site is subject to United States export controls. No software or other goods from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software or other goods from the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that PDM shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
10. Links & Licensed Documentation.
The Site may provide, or third parties may provide, links to non- PDM Internet Web sites or resources as a convenience to you ("Third-Party Sites"). Because PDM has no control over such sites and resources, you acknowledge and agree that PDM is not responsible for the availability of such Third-Party Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Links to Third-Party Sites are not endorsements by PDM of such Third-Party Sites. You further acknowledge and agree that PDM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third Party Site or resource.
Content from the American Medical Academy (AMA), the Centers for Medicare & Medicaid Services (CMS), or any licensed content is accessible from the PDM site. User is granted a non-exclusive right to access the material and use material for internal purposes only. AMA content includes nomenclature of codes for health care services as prescribed in the most current edition of the Current Procedural Terminology. Customers agree not to transfer, sell, lease, license or otherwise make available the AMA Content, or a portion or copy of such content, except as expressly provided in this Agreement. This sublicense is limited to one user for each active provider associated with Customer’s account. Customer is responsible for seeking additional user licenses directly from the American Medical Association if it requires more than one user license per active provider. CPT is a copyright and a registered trademark, of the American Medical Association.
11. Web Site Security Rules.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "mailbombing" or "crashing", or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. PDM will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
IP Addresses are automatically reported by your browser each time you view a web page or use our service. Your IP address is not permanently stored in a way that is identified with your personal information. IP addresses may be used for tracking of malicious activity associated with a specific IP address.
User is advised that cookies are used on our website. A cookie, also known as an HTTP cookie, web cookie, or browser cookie, is used for an origin website to send state information to a user's browser and for the browser to return the state information to the origin site.The state information can be used for authentication, identification of a user session, user's preferences, or anything else that can be accomplished through storing text data on the user's computer. Cookies are not software. They cannot be programmed, cannot carry viruses, and cannot install malware on the host computer.
We have cookies on our site but the data is only collected in the aggregate. We use a third-party tracking services that uses cookies and other tracking technologies to track non-personally identifiable information about visitors to our site in the aggregate.
12. Protected Health Information (PHI)
Membership to this site allows access to WE Practice e-software. User is advised that WE Practice is for learning purposes only and private health information should not be entered into the e-software nor will the site share any PHI with anyone. User should also be advised that the database associated with the software is deleted at 12:01am Pacific Standard Time.
13. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of the State of California, United States applicable to agreements made and to be performed in the State of California, United States. You agree that any legal action or proceeding between PDM and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Los Angeles, State of California, United States and you hereby expressly consent to the exclusive personal jurisdiction of these courts. This Agreement contains the entire understanding of the parties hereto relating to the use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement.
Users are responsible for all applicable fees and taxes based in which the state the user's business resides in and where the user is engaging in business transactions, as well as any Federal Tax Laws associated with the business transactions on PDM.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. PDM's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. PDM may assign its rights and duties under this Agreement to any party at any time without notice to you.
Neither party may assign or transfer this Agreement or an order to a third party, except that this Agreement with all orders may be assigned as part of a merger, or sale of all or substantially all of the business or assets, of a party.
PDM may use customer's name and logo in customer lists and related promotional materials describing customer as a customer of PDM, which use must be in accordance with Customer’s trademark guidelines and policies.
PDM reserves the right to delete members without valid email addresses.
Any rights not expressly granted herein are reserved.
