LAST UPDATED: January 14, 2016
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”) and governs 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 if the same Agreement was in paper form and signed by you. This Agreement is written in and is to be interpreted for all purposes in accordance with the English language as used in the United States. Any version of this Agreement in any other language is for convenience only and not binding on any party.
1. Acceptance of Terms. The Site is made available by the Company to you subject to the terms of this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any 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.
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 use set forth in this section and your failure to comply with such rules may result in termination of your access to the Site pursuant to Section 12, below. 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 ACKNOWLEDGE THAT FAIR HEALTH LIMITS THE NUMBER OF SEARCHES THAT INDIVIDUALS MAY MAKE OVER A SPECIFIC TIME PERIOD. YOU AGREE NOT TO TAKE ANY STEPS TO CIRCUMVENT THESE LIMITATIONS. IF YOU EXCEED THESE LIMITATIONS, FAIR HEALTH WILL DISCONTINUE YOUR USE OF THE WEBSITE. IN NO EVENT SHALL YOU USE THE WEBSITE FOR OR ON BEHALF OF ANY THIRD PARTY OR FOR COMMERCIAL PURPOSES. THIS PROHIBITION INCLUDES BUT IS NOT LIMITED TO USE OF THE WEBSITE FOR COMMERCIAL PURPOSES TO PROVIDE CONSULTING, TIME-SHARING OR OUTSOURCING SERVICES OR TO ACT AS A SERVICE BUREAU OPERATION. YOU ARE EXPRESSLY PROHIBITED FROM DISTRIBUTING ANY OF THE SERVICES OR PORTIONS THEREOF, TO ANY PERSON, FIRM OR ENTITY.
You agree that you will not:
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 or rates of reimbursement, or for other purposes. FAIR Health does not guarantee that service providers will receive the amount that is set as the benchmark charge amounts included in FAIR Health’s 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 provide information that is complete, accurate and current. Despite our efforts, the information on this Site may 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.
6. Electronic Communications. 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. Proprietary Rights of FAIR Health and its licensors. All information, content, software and materials included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, including any compilations of such items, are the property of FAIR Health or its content suppliers and are protected by copyright, trademark, patent and/or other proprietary rights and 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.
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.
8. Hyperlink Use and Disclaimer. We do not necessarily review or approve of the content displayed on websites that have linked to the FAIR Health Consumer Site. 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 (“Consumer Site”).
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. Your website shall not include any description of FAIR Health or its products without the prior written consent of FAIR Health.
e. You agree that all FAIR Health proprietary trademarks, service marks and logos (collectively, “Marks”), belong exclusively to FAIR Health and you may not use such Marks without written approval from FAIR Health.
f. 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.
g. Your use of a hyperlink linking your website with the Consumer Site is at your own risk.
9. 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, TIMELINESS 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.
10. Limitation of Liability.TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, FAIR HEALTH 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, FAIR HEALTH 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 FAIR HEALTH OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF FAIR HEALTH 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 FAIR HEALTH TO ACCESS AND USE THE SITE, AND IN ANY CASE SHALL NOT EXCEED $100.00.
11. Indemnity. 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.
12. Termination. 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.
13. 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 that would lead to the application of any other law. The Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any 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.
14. Applicable Laws. 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 applicable federal, state, local and foreign 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.
15. Miscellaneous. 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.
16. 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.