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or Find A Code, LLC") you agree to be bound by the following terms
of service:
1. LICENSE
FindACode.com licensing is
on a per subscriber basis. A Subscriber is an individual who:
(a) accesses, uses, or manipulates
the Content available on FindACode.com.
(b) accesses, uses, or manipulates
the content to produce or enable an output (data, reports, or the like).
Use of Website. For an individual
subscriber, the Website is made available to and may be used by you only
for your personal, non-commercial use according to these Terms of Service
and the Website documentation. For a business entity subscriber or government
entity subscriber, the Website may be used by you and your employees for
internal use according to these Terms of Service and the Website documentation
(individual, business, and government subscribers are collectively referred
to as "You" herein).
Restrictions. Except where
you have been specifically licensed by FindACode to do so, You may not
use the Website in connection with any products, systems, or applications
installed or otherwise connected to or in communication with other websites
data or other content. In Summary: You may not nor permit others
to a) modify or prepare derivative works of the web pages, b) rent or
lease the website to a third party, c) use the Software in any manner
that infringes on the intellectual property or other rights of another
party, d) subscriber and admin accounts may not be transferred to another
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3. PRIVACY POLICY
As a condition of downloading
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4. PROPRIETARY RIGHTS
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and Information provided through or in conjunction with the Website,
including, without limitation, all Intellectual Property Rights therein
and thereto. "Intellectual Property Rights" means any and
all rights existing from time to time under patent law, copyright law,
trade secret law, trademark law, unfair competition law, and any and
all other proprietary rights, and any and all applications, renewals,
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the security or content usage rules provided, deployed or enforced by
any functionality (including without limitation digital rights management
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copy, transfer, transcode or retransmit content in violation of any
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to or contained within or accessed in conjunction with or through the
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agreement. FindACode and its licensors make no representations or warranties
regarding the accuracy or completeness of this information.
5. AUTOMATIC UPDATES
The FindACode Website will
be updated from time to time to add features such as bug fixes, patches,
enhanced functions, missing plug-ins and new versions (collectively,
"Updates"). These changes will be done by FindACode
Corporate and will require you to do nothing. Occasionally, there
may be website related issues that may require you to update your Internet
browser or browser-based plugins.
6. U.S. GOVERNMENT RESTRICTED
RIGHTS
If the Website is used or accessed
by or on behalf of the United States government, such use or access
is subject to the following provision. The Website and any related documentation
are deemed "commercial computer Website" and "commercial
computer Website documentation," respectively, within the meaning
of the applicable civilian and military Federal acquisition regulations
and any supplement thereto. If the user of the Website is an agency,
department, employee, or other entity of the United States Government,
the use, duplication, reproduction, release, modification, disclosure,
or transfer of the Website, including technical data or manuals, is
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Terms of Service. In accordance with Federal Acquisition Regulation
12.212 for civilian agencies and Defense Federal Acquisition Regulation
Supplement 227.7202 for military agencies, use of the Website is further
restricted by these Terms of Service.
7. EXPORT RESTRICTIONS
The Website is subject to United
States export controls. By using the Website, you agree that you are
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and warrant that you are not a proscribed end-user or utilizing this
Website for a proscribed end use under these regulations.
8. COMPLIANCE WITH LAWS
AND FINDACODE POLICIES
You agree to comply with all
local laws and regulations regarding the download, installation and/or
use of the Website. You agree to comply with any applicable policies
or guidelines that FindACode may make available from time to time in
its sole discretion. By way of example, and not as a limitation, you
agree that when using the Website, you will not:
defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such as rights
of privacy and publicity) of others;
upload, post, email
or transmit or otherwise make available any inappropriate, defamatory,
infringing, obscene, or unlawful content;
upload, post, email
or transmit or otherwise make available any content that infringes any
patent, trademark, copyright, trade secret or other proprietary right
of any party, unless you are the owner of such rights or have the permission
of the owner to post such content;
download any file
posted by another that you know, or reasonably should know, cannot be
legally distributed in such manner;
impersonate another
person or entity, or falsify or delete any author attributions, legal
or other proper notices or proprietary designations or labels of the
origin or source of Website, Content or other material;
restrict or inhibit
any other user from using and enjoying FindACode services;
use FindACode services
for any illegal or unauthorized purpose;
remove any copyright,
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services;
interfere with or
disrupt FindACode services or servers or networks connected to FindACode
services, or disobey any requirements, procedures, policies or regulations
of networks connected to FindACode services;
use any robot, spider,
site search/retrieval application, or other device to retrieve or index
any portion of FindACode services or collect information about users
for any unauthorized purpose;
submit content that
falsely expresses or implies that such content is sponsored or endorsed
by FindACode;
create user accounts
by automated means or under false or fraudulent pretenses;
promote or provide
instructional information about illegal activities or promote physical
harm or injury against any group or individual; or
transmit any viruses,
worms, defects, Trojan horses, or any items of a destructive nature.
9. FINDACODE SERVICES,
THIRD PARTY PRODUCTS AND SERVICES
FindACode.com is designed to
be used in conjunction with FindACode's search and other services. Accordingly,
each time you use the Website you agree to be bound by FindACode's Terms
of Service located at http://www.FindACode.com/aboutus/terms-of-use.html
10. ADDITIONAL AMA CPT LICENSING RESTRICTIONS:
You may not
and you may not permit others to (a) use this software or any information
contained herein (including CPT) in any public electronic bulletin board
or public computer-based information system (including the Internet
and World Wide Web), (b) publish, translate, or transfer possession
of the Software or copy a portion of it, (c) create derivative works
based on CPT and the Software and selling, leasing or licensing it or
otherwise making the Electronic Media or any portion thereof available
to any unauthorized party.
The User should
ensure that anyone who has authorized access to the Software complies
with the provisions of the complete license agreement.
CPT is copyright
by the AMA. All notices of proprietary rights, including trademark and
copyright in CPT must appear on all permitted back-up or archival copies.
An updated
version of CPT in the Software is dependent upon continuing contractual
relations with the AMA.
CPT copyright
2007 American Medical Association. All rights reserved.
Fee schedules,
relative value units, conversion factors and/or related components are
not assigned by the AMA, are not part of CPT, and the AMA is not recommending
their use. The AMA does not directly or indirectly practice medicine
or dispense medical services. The AMA assumes no liability for
data contained or not contained herein.
CPT is a registered
trademark of the American Medical Association
The responsibility
for the content of any “National Correct Coding Policy” included
in this product is with the Centers for Medicare and Medicaid Services
and no endorsement by the AMA is intended or should be implied.
The AMA disclaims responsibility for any consequences or liability attributable
to or related to any use, non-use or interpretation of information contained
in this product.
licensing is
on a per user basis: A “user” is an individual who:
a) accesses,
uses, or manipulates CPT Editorial Content contained in the Electronic
Licensed Product: or
b) accesses,
uses, or manipulates the Electronic Licensed Product to produce or enable
an output (data, reports, or the like) that could not have been created
without the CPT embedded in the Electronic Licensed Product even though
CPT Editorial Content may not be visible or directly accessible: or
c) makes use
of an output of the Electronic Licensed Product that relies on or could
not have been created without the CPT Editorial Content embedded in
the Electronic Licensed Product even though CPT Editorial Content may
not be visible or directly accessible.
U.S. Government
Rights:
This product
includes CPT and/or CPT Assistant 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 227.7201-1(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 of Defense Federal procurements.
11. TERMINATION
You may terminate these Terms
of Service at any time by contacting
and request cancelation of your account.
Your rights automatically and immediately terminate without notice from
FindACode if you fail to comply with any provision of these Terms of
Service. To the maximum extent permitted by law, FindACode
reserves the right to terminate this agreement and your use of the Website
at any time and for any reason.
12. SURVIVAL
The provisions of Sections
4, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 shall survive any
termination or expiration of these Terms and Conditions.
13. INDEMNITY
YOU AGREE TO HOLD HARMLESS
AND INDEMNIFY FINDACODE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
AGENTS, AND EMPLOYEES FROM AND AGAINST ANY CLAIM, SUIT OR ACTION ARISING
FROM OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE OR YOUR VIOLATION
OF THESE TERMS OF SERVICE, INCLUDING ANY LIABILITY OR EXPENSE ARISING
FROM ALL CLAIMS, LOSSES, DAMAGES, SUITS, JUDGMENTS, LITIGATION COSTS
AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE. IN SUCH A CASE, FINDACODE
WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
FINDACODE.COM LLC., DISCLAIMS ALL OTHER WARRENTIES, EXPRESSED OR IMPLIED,
INCLUDING THE IMPLIED WARRENTIES OF THE MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. FINDACODE.COM, LLC. SHALL NOT BE LIABLE
FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RESULTING FROM
YOUR POSSESSION OR USE OF THE FILES (INCLUDING DATA LOSS OR CORRUPTION),
REGARDLESS OF WETHER SUCH LIABILITY IS BASED ON TORT, CONTRACT OR OTHERWISE.
IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCABLE, IF FINDACODE,
LLC'S MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE LICENSE
FEES PAID BY YOU FOR THE FILES. THE REMEDIES AVAILABLE TO YOU AGAINST
FINDACODE, LLC'S, UNDER THIS AGREEMENT ARE EXCLUSIVE. SOME STATES DO
NOT ALLOW THE LIMITATION OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. INDEMNIFY, HOLD HARMLESS
AND DEFEND “FINDACODE LLC” FROM AND AGAINST ANY LIABILITIES, OBLIGATIONS,
DAMAGES, LOSSES, CLAIMS, DEMANDS, RECOVERIES, SETTLEMENTS, DEFICIENCIES,
COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’
FEES AND EXPENSES) WHICH FINDACODE LLC MAY SUFFER OR INCUR IN CONNECTION
WITH, RESULTING FROM OR ARISING OUT OF FINDACODE; A) BREACH OF ANY OF
IT’S REPRESENTATIONS, WARRANTIES, COVENANTS AND OBLIGATIONS CONTAINED
IN THIS AGREEMENT AND ALL PREVIOUS AND FUTURE AGREEMENTS FINDACODE
MAY HAVE IN FORCE WITH ANY PARTY INCLUDING, BUT NOT LIMITED TO, CLIENTS,
PARTNERS, SUBSIDIARIES, EMPLOYEES OR ASSOCIATES; B) NON COMPLIANCE WITH
ANY APPLICABLE FEDERAL, STATE, OR LOCAL LAWS OR REGULATIONS; C) WILLFUL
MISCONDUCT OR GROSS NEGLIGENCE.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT: a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE
IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY
KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINDACODE AND ITS LICENSORS
EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b) FINDACODE AND ITS LICENSORS MAKES NO WARRANTY (I) THAT THE WEBSITE
WILL MEET YOUR REQUIREMENTS, (II) THAT THE WEBSITE WILL BE ERROR-FREE
OR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS,
OR PERFORMANCE OF THE WEBSITE, AND (IV) THAT ANY ERRORS IN THE WEBSITE
WILL BE CORRECTED.
c) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
CONTENT OR MATERIAL.
d) NONE OF THE WEBSITE IS INTENDED FOR USE IN THE OPERATION OF NUCLEAR
FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR
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FROM FINDACODE OR ANY THIRD PARTY OR THROUGH THE WEBSITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
15. LIMITATION OF LIABILITY
FOR A PERIOD
OF 30 DAYS YOU ARE ABLE TO USE THE FINDACODE.COM. YOU NEED TO
CANCEL WITHIN THE FIRST 30 DAYS TO AVOID BEING CHARGED THE MONTHLY SUBSCRIPTION
RATE. THE SOFTWARE IS LICENSED TO YOU ON AN “AS IS” BASIS
WITHOUT ANY WARRANTY OF ANY NATURE. YOU EXPRESSLY UNDERSTAND AND AGREE
THAT FINDACODE AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FINDACODE OR ITS LICENSORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
(I) THE USE OR THE INABILITY TO USE THE WEBSITE OR TO ACCESS CONTENT
OR DATA; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE. THE FOREGOING
LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER
NO CIRCUMSTANCES SHALL FINDACODE OR ANY THIRD PARTY WHO MAKES ITS WEBSITE
OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE BE LIABLE
TO YOU OR ANY USER ON ACCOUNT OF YOUR USE OR MISUSE OF THE WEBSITE OR
SUCH THIRD PARTY WEBSITE OR CONTENT. SUCH LIMITATION OF LIABILITY SHALL
APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED
ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN
IF FINDACODE AND/OR A THIRD PARTY WEBSITE OR CONTENT PROVIDER HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY
SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF, INABILITY
TO USE, OR RELIANCE ON THE WEBSITE AND ALL THIRD PARTY WEBSITE OR CONTENT
MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE AND ANY THIRD
PARTY WEBSITE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH
THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH
LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
16. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS
INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY
WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS
THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
17. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise
expressly provided in these Terms of Service, there shall be no third
party beneficiaries to these Terms and Conditions.
18. MISCELLANEOUS PROVISIONS
a)The first 30 days of service are intended to be a demonstration period.
Actual purchase of the service does not occur until 30 days after the start
of the demonstration period.
b) Choice of Law and Forum.
These Terms of Service will be governed by and construed in accordance
with the laws of the State of Utah, without giving effect to the conflict
of laws provisions of Utah or your actual state or country of residence.
If for any reason a court of competent jurisdiction finds any provision
or portion of these Terms and Conditions to be unenforceable, the remainder
of these Terms and Conditions will continue in full force and effect.
c) Waiver and Severability of Terms. The failure of FindACode to exercise
or enforce any right or provision of these Terms and Conditions shall
not constitute a waiver of such right or provision. If any provision
of these Terms and Conditions is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of these Terms and Conditions shall
remain in full force and effect.
d) Statute of Limitations. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of
or related to use of the Website or these Terms and Conditions must
be filed within one (1) year after such claim or cause of action arose
or be forever barred.
e) These Terms and Conditions constitute the entire agreement between
the parties with respect to the subject matter hereof and supersede
and replace all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. Any waiver of any provision
of these Terms and Conditions will be effective only if in writing and
signed by FindACode and/or a third party who make its Website available
in conjunction with or through the Website.
May 22, 2013
(Wow, you made it to the bottom. You must be an Attorney or really, really bored.)
Our contact information:
Find A Code, LLC
62 East 300 North
Spanish Fork, UT 84660
Phone: 801-770-4203 (9-5 Mountain)
Fax: 801-770-4428
Email:
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Find A Code, LLC
