Terms of Use

The Terms of Use for Medicarefind.com (“Site”) constitute a legal agreement between you and HCPro, Inc. (“Agreement”). We reserve the right to amend this Agreement at any time, without prior notice, which amendment(s) are to be fully effective upon posting on the Site. By accessing the content and services made available on this Site (collectively “Services”), you are agreeing to all the terms and conditions of the Agreement, whether or not you register as a member of the Services (“Member”). Using the Services means you accept this Agreement as it appears at the time of your access. We want and encourage you to review our Terms of Use and other policies on a regular basis. These Terms of Use are incorporated into and are subject to the Medicarefind.com Privacy Policy.

IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR NOT ABLE TO ENTER INTO LEGAL AGREEMENTS UNDER APPLICABLE LAW, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN CAREFULLY READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON YOUR BEHALF. HCPRO MAY REFUSE ACCESS TO THE SERVICES FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

Opinions expressed throughout this site are not necessarily those of HCPro, owner of Medicarefind.com, hcpro.com, and blogs.hcpro.com. Mention of products and services does not constitute endorsement. Advice given is general, and users should consult professional counsel for specific legal, ethical, or clinical questions.

Legal

We do not intend to give legal advice, nor do we allege any legal expertise. Instead, we offer observations of legal-related areas so that users will be mindful of the need to consult attorneys who are experts in these matters. Note that many legal issues are based upon state - not federal - laws and are relatively esoteric. Users must be sure to consult attorneys who are familiar with the health laws of their states.

Products and Services

Throughout the site, we mention organizations, products, and services that might interest users. This does not signify our endorsement of them. The fact that a certain organization, product, or service is not listed on our site may simply mean that we are not aware of its existence. Please let us know of any missing products or services by e-mailing us.

REGISTRATION DATA; ACCOUNT SECURITY

In consideration of your use of the Services, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to HCPro, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

USER CONDUCT

Please be considerate of others. You are solely responsible for your interactions with other users of the Services and HCPro reserves the right, but has no obligation, to monitor disputes between you and other users.

You agree not to use the Service or the Site to:

Harvest or collect email addresses or other contact information of other users from the Services or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Use automated scripts to collect information from or otherwise interact with the Service or the Site;
Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity; or
Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.

CONTRIBUTIONS

HCPro may now, or in the future, invite you to post and/or submit stories, advice, videos, photographs, and other information to HCPro. Any contribution to HCPro, including without limitation, any and all content in all forms and media now known or hereafter developed, that you upload to or distribute through the Services, or otherwise provide to HCPro (collectively “Contributions”), are your sole responsibility. HCPro may delete any Contribution that, in the sole judgment of HCPro, violates this Agreement or is offensive, illegal, violates the rights, harms, or threatens the safety of any person, or is otherwise inappropriate. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Contributions you post or store on the Site or provide to HCPro. All rights in and to Contributions not expressly granted to HCPro in this Agreement are reserved by you.

Your Contributions may not:

be false, inaccurate, misleading, or fraudulent;
infringe anyone’s copyright, trademark, trade secret, patent, or other proprietary rights or rights of publicity or privacy;
violate any law, statute, ordinance, or regulation;
be obscene, defamatory, libelous, threatening, abusive, or harassing, or encourage any of the foregoing;
advertise to, or solicit, any other users of the Services to buy or sell any products or services;
contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs, or other computer programming routines that may damage, detrimentally interfere with, intercept, or use any system, data or personal information in an unauthorized way; or
create liability for HCPro or cause it to lose (in whole or in part) the services of its ISPs or other suppliers.

GRANT OF RIGHTS

Contributions. Subject to the terms of the Privacy Policy posted on the Site, HCPro may wish to use and/or publish your Contributions on the Site and elsewhere. In order to enable HCPro to make such use of your Contributions, you grant HCPro a nonexclusive, worldwide, perpetual, irrevocable, transferable, royalty-free, license to do the following with your Contributions:

reproduce, use, publish, publicly perform, publicly display, transmit, sell, and/or otherwise exploit your Contributions, and
create derivative works based upon your Contributions and secure copyright protection in the same.

The rights under this license apply to HCPro and its affiliates, successors, assigns, end-users, licensees, and sublicensees.

Fees and Royalties. You expressly and irrevocably waive any rights to any fees or royalties of any kind (including without limitation public performance and/or mechanical royalties if applicable, and any share of advertising and/or subscription revenue of any kind received by HCPro in connection with the Services or otherwise), for use of Contributions as set forth in this Agreement.

The Joint Commission and Other Accreditors

The Joint Commission is one of the preeminent organizations in health care quality, of which credentialing and privileging are important elements. One must be familiar with The Joint Commission’s standards and policies to fully understand and be effective in the credentialing and privileging of healthcare professionals.

An important point: We do not represent The Joint Commission or any other accreditor. Statements such as “The Joint Commission requires” are based on careful readings of The Joint Commissions standards, exposure to The Joint Commission’s surveyor training, and frequent observation of The Joint Commission survey teams at work. We attempt to provide users with the best predictions and interpretations of current Joint Commission requirements, but caution users that advice given is general, and users should consult professional counsel for specific instruction.

Federal and state law can differ from those of The Joint Commission or other accrediting organizations. These requirements can be stated in licensing laws or regulations or in a contract or contract-like document (e.g., Medicare Conditions of Participation).

The American Medical Association

The American Medical Association (“AMA”) is a not for profit corporation with trademark rights and copyrights to the coding work of nomenclature and codes for reporting of healthcare services often referred to as Current Procedural Terminology or CPT. HCPro does not represent the AMA, nor are we affiliated in any manner. We providing CPT content which is the property of the AMA.

CPT Codes

CPT is a registered trademark of the American Medical Association. All rights reserved. The content as contained in the Product, including any content provided by the AMA is provided “as is” without any liability to HCPro or 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 the End User’s requirements, and that HCPro and AMA’s sole responsibility is to make available to the User replacement copies if the data is not intact; and that the HCPro and AMA disclaims any liability for any consequences due to use, misuse, or interpretation of information contained or not contained in the Product.

User is prohibited from publishing, distributing via the Internet or other public computer based information system, creating derivative works (including translating), transferring, selling, leasing, licensing or otherwise making available to any unauthorized party any of the Product or any portion of the Product (including but not limited to that portion of the Product licensed by the AMA). Provision of updated content in the Product is dependent on the continuing contractual relationship between HCPro and the AMA.

Contact Us

HCPro has made every effort to ensure that the information contained in this site is accurate. If you find information that you feel is not accurate or complete, please e-mail us.

SERVICES

Information Control. HCPro does not control the content provided by other parties that is made available through the Services and asks that you use caution and common sense when using the Services. By using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, or content that may be inaccurate, or deceptive. Your use of the Services is at your sole risk and HCPro shall have no liability to you of any kind for content whether that of HCPro or third parties, that may be found to be offensive, indecent, or objectionable, inaccurate, outdated, untimely, or deceptive, in any manner. HCPro assumes no responsibility for monitoring the Services for inappropriate or improper content or conduct. If at any time HCPro chooses, in its sole discretion, to monitor the Services, HCPro nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

PROPRIETARY MATERIALS

In addition to CPT Codes, the Services contain other copyrighted material, trademarks, service marks, and other proprietary information, which may include without limitation text, software, photographs, video, graphics, images, music, and sound (collectively “Proprietary Material”). As this Proprietary Material is not your property, you agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, reverse engineer, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, or authorize, encourage, or allow any third party to do so, except that you may copy Proprietary Material for your personal, non-commercial use, or as may otherwise be indicated on specific sections of the Service.

COPYRIGHT INFRINGEMENT CLAIMS PROCEDURE

HCPro is concerned about protecting the copyright and other intellectual property rights of others. You may notify HCPro by providing the following information to our designated agent, as required by 17 U.S.C. § 512, if you believe you have a copyright infringement claim based on material posted on this Site: (i) a physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and if available, your electronic mail address; (v) a statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Please provide your notification to our designated agent who may be contacted as follows:

Designated Agent: Amy Johnson
Address: HCPro, Inc. 200 Hoods Lane, Marblehead, MA 01945
Telephone: 781-639-1872
Fax: 781-631-8401
Email: Copyright Claims

LINKED SITES

For your convenience, HCPro may make available a variety of links to other websites through hypertext (“Linked Sites”). HCPro may not be affiliated with the Linked Sites, and in such case has no control over, and is not responsible for, their content. You access the unaffiliated Linked Sites at your own risk.

INDEMNITY

You agree to indemnify, defend and hold harmless HCPro, its affiliates, suppliers, and each of its and their employees, officers, directors, successors, licensees, assigns, and advisors (collectively the “HCPro Parties”) from and against any and all claims, damages, demands, or liabilities, including but not limited to attorneys fees and costs arising out of any claim that Contributions and any other content of any kind that you upload in any way, infringes upon or misappropriates, violates, or infringes any party’s personal or proprietary rights of any kind.

DISCLAIMER OF WARRANTIES

THE SERVICES, AND LINKED SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HCPRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. HCPRO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN LINKED SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR OTHERWISE.

HCPRO DOES NOT WARRANT OR GUARANTEE THAT (1) THE SERVICES ARE COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (2) THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (3) ALL CONTENT WILL BE ACCURATE, COMPLETE OR UP TO DATE; (4) ANY INFORMATION OR OTHER CONTENT CONTAINED WITHIN THE SERVICES WILL NOT CONTAIN DEFAMATORY MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (5) THE FUNCTIONS OR SERVICES HCPRO PERFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HCPRO IS NOT RESPONSIBLE FOR THE CONTENT DISTRIBUTED ON OR THROUGH THE SERVICES, AND IT ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THESE SERVICES.

Some states do not allow the disclaimer of implied warranties, so some or all of the above disclaimers may not apply to you.

LIMITATION OF LIABILITY

Regardless of the form of action (whether in contract, tort, breach of warranty, or otherwise), and except as otherwise expressly provided herein, IN NO EVENT WILL THE HCPRO PARTIES (AS DEFINED IN THE INDEMNITY SECTION ABOVE) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE HCPRO PARTIES WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT WILL THE DAMAGES OR LIABILITY EXCEED US$50. Some states do not allow the exclusion or limitation of incidental or consequential damages under certain circumstances and the above exclusion or limitation may not apply to you.

GENERAL TERMS AND CONDITIONS

Termination of Access. Without limiting other remedies, HCPro may without liability and at its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the Services if: (a) you breach this Agreement; (b) HCPro is unable to verify or authenticate any information you provide to it; or (c) HCPro believes that your actions may cause legal liability to any person or entity.

Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Services.

Governing Law; Venue. This Agreement and its validity, construction, and performance will be governed in all respects by the laws, and in the state and federal courts of the Commonwealth of Massachusetts, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue, of such courts.

Changes and Cancellation. HCPro may at any time, without notice or liability, change or eliminate the Services or the content contained therein, or restrict use of any portion of the Services, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. HCPro may at any time, in its sole discretion, cancel or suspend the Services for any reason, including without limitation the existence of viruses, bugs, or other causes beyond its control that corrupt the administration, security, or proper function of the Services.

Amendment. The Internet is an evolving medium. HCPro may amend this Agreement from time to time. HCPro will provide notice of any amendments by posting on the Service, via e-mail, or any other reasonable means. Such amendments will become effective upon such notice. Your continued use of the Services will constitute your binding acceptance of any such amendments.

General. This Agreement contains the entire understanding of the parties relating to its subject matter and supersedes any prior written or oral agreement or understandings between the parties with respect to its subject matter. The provisions of this Agreement are to be interpreted in a reasonable manner to effect the purpose of the parties, and this Agreement is not to be interpreted or construed against HCPro because it participated in the drafting of this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. HCPro may assign or transfer this Agreement, in whole or in part, to any party without notice. This Agreement shall endure throughout your use of the Services, and terminate immediately thereafter. All terms and conditions of this Agreement which by their nature are meant to survive the termination of this Agreement will survive termination, including but not limited to the GRANT OF RIGHTS, INDEMNITY, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, and GOVERNING LAW; VENUE sections.

Updated: April 15, 2009

HCPro's Online Interaction Guidelines

HCPro and its subsidiaries embrace online social networking and interactivity and recognize it as a crucial channel to keep in touch with healthcare professionals and the important issues that they face.

HCPro is continuously exploring how online social media can better connect the company to its customers and other healthcare professionals in order to meet the company's mission to assist our customers with their mission of healing, and continuous improvement of healthcare, through superior education, unparalleled service, and practical tools and guidance. HCPro believes in the importance of open exchange and learning. It is the company's intent to use online social media as a means to stay better-connected and become more aware of the important issues and needs in healthcare.

It is HCPro's intent to not censure, interfere or influence content or subject matter on blogs posted on its sites in order to preserve the true nature of this media. HCPro will also not censure, modify or delete comments and product reviews posted by its online visitors provided that these comments and reviews meet HCPro's professionalism standards listed below.

HCPro views public comment and product reviews as an opportunity to improve products and services and stay better-connected with the healthcare industry. The company views its sites as a way to encourage networking with peers and HCPro in an open forum setting.

However, in order to maintain a level professional service to its online readers, HCPro enforces the following guidelines. Content placed by online visitors that does not follow these guidelines may be subject to removal.

Be relevant to other readers. When making comments on blog posts or articles or writing product reviews, please stay on topic about that particular blog post, article or product review. Provide information that you think will benefit other readers like yourself. While it isn't the intent of HCPro to censure or dictate public content, HCPro does want to ensure that the content is relevant to its Web site visitors.
Be professional. Don't use obscene or profane language, ethnic slurs, personal insults or act in an unprofessional manner or manner that would not be acceptable in your own professional setting. HCPro reserves the right to remove any content (complete or in part) on its sites that is deemed objectionable as described in the online interaction guidelines.
Be mindful of subject matters that may be offensive or inflammatory. Topics such as religion and/or politics may be sensitive areas to other readers. Please use your comments to assist your peers with their healthcare issues, not use them to promote your own political or religious beliefs.
Don't infringe on copyright laws or plagiarize from other publications, sites, postings or other types of content. Please do not post content to which you are not the original creator, owner, or do not have permission for its use.
Contribute. Make your comments important and provide information that will have an impact other readers. If you disagree with an expert's column, we encourage you to let other readers know, but tell them why you disagree. If you like a particular HCPro product we encourage you to tell us the reasons why. Conversely, if a particular product didn't meet your needs, we want to know.
Terms of Use: Your use of this site indicates your acceptance of the HCPro Terms of Use and these guidelines.
Please note that blogs on this site and other sites owned by HCPro are being provided as a forum for public discussion about issues relating to healthcare and safety. HCPro encourages frank and open discussion among members and visitors. However, it is critical that the blog be used responsibly, and that individuals posting and reading messages understand and adhere to a few basic rules:
1. HCPro has no direct control over content posted on blogs by members and visitors and therefore cannot take responsibility for the accuracy of any information contained in posts, including the identity or expertise of the individuals who submit them. The views expressed in posts may not necessarily reflect the views of HCPro.
2. Nothing on the blogs should be interpreted as medical or legal advice, or the rendering of medical, legal or other professional services. If you are in need of such services, please consult a professional, who can provide advice and care tailored to your specific situation.
3. Individuals posting on HCPro blogs are responsible for ensuring that posts comply with all applicable laws (such as those regarding copyright, defamation, etc.), and do not include inappropriate statements, such as racial slurs, obscenities, etc. Individuals submitting posts are responsible for ensuring that all content is original to them, or that they have any required permission to post it. In addition, individuals should not include the names of other individuals or institutions (such as doctors, nurses, hospitals, etc.); the intent of HCPro blogs is to provide a venue for people to share their own experiences generally, not to call out others for praise or criticism.
4. This is a public forum, and it is understood that blog posts may be read widely. In addition to appearing on its blogs, HCPro may use posts (including their content and the submitted name and institution of the poster) on other parts of this web site, in printed promotional material, or otherwise, without further permission or any compensation. The posts on HCPro blogs are for your own non-commercial use only; they may not be reprinted, distributed or compiled without the express written permission of HCPro.
5. This is not a place to solicit services or promote the sale of any goods, whether or not related to healthcare or accreditation. For example, we ask that you do not submit posts that relate to provision of healthcare consulting services.
6. Individuals submitting posts to blogs agree to hold HCPro, its agents, employees, officers and directors harmless from any loss, claim or damage arising from your use of any of the information and ideas contained on the site, including following suggestions or advice posted on the blogs.
7. HCPro may remove any posts that, in its sole discretion, fail to comply with these rules or with its Privacy Policy or Terms of Use.

HCPro welcomes members of the healthcare community to participate in its online forums, blogs and other interactive areas. We want to thank you for being an important contributor to the success of the company's sites and for keeping our sites as professional resources for you and your peers.

If you have any questions about HCPro's interaction guidelines or want to alert us to public content that you find objectionable, please call our Customer Service Center at 877/727-1728 Monday through Friday, 8:30 a.m. to 6 p.m. Eastern Standard Time or by email at customerservice@hcpro.com.

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