LAST UPDATED: May 16, 2012
This Agreement is between you, as an individual and on behalf of your company or institution (“you,” “your”) and FAIR Health, Inc. (“the Company,” “FAIR Health,” “we,” “us”) governing your use of FAIR Health’s online websites (together with any successor site(s), the “Site”). By logging onto the Site, you signify your agreement to all of the terms and conditions for using the Site. This Agreement shall have the same binding effect as the same Agreement in paper form signed by you. The term “Company” shall be deemed to include the Company, its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers. All rights in this Site are exclusively reserved to the Company.
1.Acceptance of Terms.
The Site is made available by the Company to you subjectto the terms of this Agreement. We reserve the right to update or make changes tothis Agreement from time to time in our sole discretion, which changes we may provide to you byany reasonable means, including without limitation,by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. When using the Site you agree that you are subject to this Agreement and to any additional posted guidelines, rules, terms and conditions applicable to such use, which are hereby incorporated by reference into this Agreement. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify or discontinue the Site, with or without notice. You agree that neither the Company nor any of our licensors shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
2. Information Submitted Through the Site.
3. Limits on Use.
You are not permitted to modify or download content from the Site (other than page caching), or any portion of it, except with the express written consent of FAIR Health. This license does not authorize or allow any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of FAIR Health. Any unauthorized use terminates the permission or license granted by FAIR Health to use this Site. Your use of the Site is conditioned on your compliance with the limits on useset forth in this section andyour failure to comply with such rules may result in termination of your access to the Site pursuant to Section 14, below, and your research license, if applicable. While using the Site you will comply with all applicable laws, rules and regulations and you will respect the rights and dignity of others.
You agree that you will not:
Use the Site for any fraudulent or unlawful purpose.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks, including without limitation, by posting, transmitting or otherwise making available through or in connection with the Site, any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or may or is intended to, damage or hijack the operation of or to monitor the use of, any hardware, software or equipment.
Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the Siteexcept for hyperlink access to the FAIR Health Consumer Website in accordance with the terms of Section 10.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Frame or mirror any part of the Site without the Company’s express prior written consent.
Create a database by systematically downloading and storing Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “harvest,” "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without the Company’s express prior written consent.
You also acknowledge and agree that you (and not the Company) are responsible for: (i) obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Site and (ii) paying all charges related thereto.
4. FAIR Health Does Not Set Usual and Customary Fees (UCR) or Reimbursement Levels for Out-Of-Network Healthcare Services.
FAIR Health is a 501(c) (3) tax-exempt organization with a mission to enhance the transparency and objectivity of information about provider charges and insurance reimbursement rates for out-of-network care. One of the ways FAIR Health pursues its mission is by licensing data products to researchers and to the healthcare industry. This information provides charges for specific healthcare services, as reported on claims data provided to FAIR Health by payors from all areas of the United States, which are organized by medical, dental and postal codes. FAIR Health does not determine, develop or otherwise set these charges or the reimbursement rates for healthcare services. FAIR Health’s licensees use the licensed data as a tool to help determine their own fees for the out-of-network healthcare services they provide. FAIR Health does not guarantee that service providers will receive the amount that is set as the benchmark charge amounts included in the data products. FAIR Health does not provide advice, legal or otherwise, regarding healthcare insurance or fees related to providing healthcare services.
5. Accuracy of Information.
We attempt to ensure that all information contained on the Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date, and we make no representation or guarantee that the information on the Site is complete, accurate or current.
When you visit the Site or send e-mails to us, you are communicating with us electronically and thereby you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Copyright of FAIR Health and its licensors.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FAIR Health or its content suppliers and is protected by United States copyright laws. The compilation of all content on this Site is the exclusive property of FAIR Health and is protected by U.S. copyright laws. All software used on this Site is the property of FAIR Health or its software suppliers and protected by United States copyright laws. You agree that (i) Current Procedural Terminology Codes (“CPT”) displayed on the Site are owned and copyrighted by the American Medical Association (“AMA”) and licensed to FAIR Health, (ii) Current Dental Terminology codes (“CDT”) displayed on the Site are owned and copyrighted by the American Dental Association (“ADA”) and licensed to FAIR Health, and (iii) ASA content (“ASA Content”) displayed on the Site is owned and copyrighted by the American Society of Anesthesiologists (“ASA”) and licensed to FAIR Health.
9. Trademarks and Other Proprietary Rights.
The information, content and materials on the Site, including but not limited to logos, headers, text and graphics, are and shall remain the property of the Company and its licensors and suppliers, and are protected by copyright, trademark, patent and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by the Company to access and use the Site, you may make one (1) copy of any content on the Site to which we provide you access hereunder on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by the Company in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site. Trade names, trademarks and service marks of the Company include without limitation, “FAIR Health,” “FH,” “FH Fee Estimator” and any associated logos. All trademarks and service marks on the Site not owned by the Company are the property of their respective owners. The trade names, trademarks and service marks owned by the Company, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion, or in any manner that disparages or discredits FAIR Health. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Company’s trade names, trademarks or service marks without our express prior written consent.
10. Hyperlink Use and Disclaimer.
If you or your company has accessed the FAIR Health Consumer Site through the use of a hyperlink, you agree and acknowledge that you will follow the rules set forth below:
a. All links shall link only to the FAIR Health Consumer site home page currently located at www.fairhealthconsumer.org
b. You shall not attempt to modify, alter or frame any content on the Consumer Site. We reserve the right to review your website at any time to ensure that the link is being used appropriately.
c. FAIR Health is a New York not-for-profit corporation qualifying under section 501(c) (3) of the Internal Revenue Code. Your use of a hyperlink shall not be construed to imply sponsorship or endorsement by FAIR Health of you, your website or your products.
d. We do not necessarily review or approve of the content displayed on all websites that have linked to the Consumer Site.
e. Your website shall not include any description of FAIR Health or its products without the prior written consent of FAIR Health.
f. You agree that all FAIR Health proprietary trademarks, service marks and logos (collectively, “Marks”), belong exclusively to FAIR Health and when you use these Marks on your website, you must comply with FAIR Health’s standards. Any such use must be approved in writing by FAIR Health.
g. If we object to the link between your website and the Consumer Site for any reason in our sole discretion, you agree to remove it within twenty-four (24) hours of receiving notice from us.
h. Your use of a hyperlink linking your website with the Consumer Site is at your own risk.
11. DISCLAIMER OF WARRANTIES.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, DATA PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE COMPANY TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS,WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE OR LICENSED THROUGH THE SITE, INCLUDING THE DATA PRODUCTS. THE COMPANY DISCLAIMSALL WARRANTIES WITH RESPECT TO THE SITE INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT AND TITLE.
FAIR HEALTH DOES NOT WARRANT THAT THIS SITE; THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THE SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM FAIR HEALTH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAIR HEALTH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED BY FAIR HEALTH IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. Limitation of Liability.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Company WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER legal THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE OR DATA OR FOR LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, Company WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY Company OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF Company FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO the Company TO ACCESS AND USE THE SITE, AND IN ANY CASE SHALL NOT EXCEED $100.00.
You agree to defend, indemnify and hold harmless Company from and against all claims, losses, costs and expenses (including attorneys’fees) arising out of (a) your use of or activities in connection with, the Site; or (b) any violation of this Agreement by you.
This Agreement is effective until terminated. The Company, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if the Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice. You agree that Company shall not be liable to you or any third party for any termination of your access to the Site.
15. Governing Law and Jurisdiction.
This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law. TheCompany does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Any dispute arising under or relating to this Agreement shall be subject to the exclusive jurisdiction of a state or federal court located in the County of New York in the State of New York, and you agree to submit to the personal and exclusive jurisdiction and venue of such courts.
In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all federal, state and local laws, rules and regulations. If you license any data products, you also are subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. This, together with all policies referred to herein, is the entire Agreement between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail or by regular mail, in the Company's discretion. The Site may provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.
18. Research Portal Users.
You can visit the FAIR Health Research Support Program website (hereinafter the “Site”). If you are an individual acting either on your own behalf or on behalf of an institution,you can apply through the Site to license certain data products for research purposes. FAIR Health grants approved researchers a limited license to access and use the Site solely for internal research activities and for no other purpose. Under the terms of that research license, licensees not granted any rights to publish any results or information revealing CPT, CDT or ASA Content without the express written consent of FAIR Health.
19. Contact Us.
If you have any questions regarding the meaning or application of this Agreement, please direct such questions to firstname.lastname@example.org
. Please note that e-mail communications will not necessarily be secure.
Copyright © 2012 FAIR Health, Inc. unless otherwise noted. All Rights Reserved.