TERMS OF USE

Terms of Use

EFFECTIVE AS OF 20 JUNE 2014

Last reviewed 26 June 2016  

CONTACT

Do not be intimidated by polices, practices, disclaimers, and agreements. They are required by law. We don’t want you to click through our policies; we want you to read them and understand what we do. In doing so, should you have any questions, concerns, or recommendations for improvements at any time, please contact us at:

Email –  Rob@mdnetx.com or (855) 963-6389.

AMENDMENTS 

No new material amendments since 20 June 2014. 

TERMS AND CONDITIONS

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g. websites and applications) owned and controlled by us, including the MDNetX company website, our MDNetX blog, and our application MDNetX (collectively, the “Site”). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult: our (1) Disclaimers page for additional information on disclaimers, and (2) our Privacy Policy for a description of our privacy practices and policies.

THE AGREEMENT BETWEEN YOU (THE USER) AND MDNETX LLC (THE COMPANY)

We are in the business of collecting, analyzing, and presenting data. This information may include yours and others’ personal information. The sources and origination of this information are wide-spread. Further, third party services we use to meet our business obligations to you also collect and use your data. Therefore, we cannot and do not make guarantees. So, please take the time to read and understand our disclaimers, policies and practices. They constitute an important part of our agreement and services. In doing so, if any element of our agreement causes you concern, or disagreement then leave the website. Should you have any questions, or recommendations for improvement then please contact us.  

Our AGREEMENT is this: 

a. By accessing the Site, you are indicating your agreement to our TERMS OF USE, PRIVACY POLICY, DISCLAIMERS, and other policies and practices; 

b. You also agree to any changes, modifications, or updates to our policies and practices; 

c. Please also consult our PRIVACY POLICY page for a description of other important practices and policies on how we use your information. This too constitutes part of our agreement; 

d. Please also consult our DISCLAIMERS page for a description of other important practices and policies on how we use your information. These too constitute part of our agreement; and 

e. If you do not agree with our policies, practices, and disclaimers and their binding agreement between you and MDNetX, your sole recourse is and will be to not use this site and our services.  

This decision is yours to make. If we are in disagreement, you do not have to visit our website. You do not have to register or procure our services. We will be sorry to see you go, but we will understand your choice to opt out of our site and services. 


1. Ownership Of The Site

All pages within this Site and any material accessed, sent or made available for use or download through this Site are the property of MDNetX (“Company”), or its licensors, other 3rd parties, or copyright owners. The Site is protected by United States and international copyright and trademark laws. The Contents of the Site, including without limitation, files, documents, data, text, copy, graphics, illustrations, photographs, images, audio, video and other visuals, and any materials accessed, sent or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Company, or its owners. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Company without our or other owners express written consent.


2. Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.


3. Accuracy and Integrity of Information

Although Company attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness, currency, accuracy, or completeness of the Site and any Content. It is possible that the Site or any Content could include typographical errors, inaccuracies, omissions, or other errors, and that unauthorized additions, deletions and alterations could be made to the Site and content by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to, accessed through, sent through or made available for use or download through the Site. The Company shall have no responsibility or liability for action taken by users because of information or content gained from, posted to, accessed through, sent through or made available for use or download through the Site, or through their (the user's) use of this Site.

Any conclusions, findings, opinions, or recommendations are based on our interpretations of data and other information, much of which is in the public domain. The information provided by the company is for reference only and does not constitute the rendering of legal, financial, commercial, or other professional advice. Any reliance upon the information is at your own risk, the the company shall not be responsible for any liability arising from or related to the use, currency, or accuracy of the information in any way. 


4. Access to Site; Indemnification

For those portions of the Site that have access limited by requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Company at any time with or without cause. You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Company arising out of your breach of these Terms of Use or violation of applicable law, your conduct, other parties’ conduct, your use or access of the Site and/or any Content, or access by anyone accessing the Site and/or any Content using your user ID and password, or otherwise.


5. Links to Other Sites

Company makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Company site, please understand that it is independent from Company, and that Company has no control over the Content on that website. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.


6. Submissions, Reviews, Feedback and other Postings to the Site

If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or our Site you agree not to provide any Submissions that (1) are defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violate or infringe the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any third person or entity, (3) contain or transmit a virus or any other harmful component, or (4) protected health information under the Health Insurance Portability and Accountability Act. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. Company shall have a royalty-free, irrevocable, transferable right and license to use the Submissions however Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to you any compensation for any Submissions; or (3) to respond to any user Submissions. Company does not regularly review posted Submissions, but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions submitted to the Site. You grant Company the right to use the name that you submit in connection with any Submissions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions. You are and shall remain solely responsible for the content of any Submissions you make. Company and its affiliates take no responsibility and assume no liability for any Submissions submitted by you or any third party.You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Company arising out of any Submissions you post or allow to be posted to the Site.


7. Disclaimer of Warranties (See Disclaimers Page for additional information) 

COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE AND/OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR ERRORS IN THE CONTENT WILL BE CORRECTED. THIS SITE (INCLUDING (A) ANY SITE-RELATED SERVICE AND (B) ANY CONTENT OR INFORMATION CONTAINED WITHIN, ACCESSED THROUGH, SENT THROUGH OR MADE AVAILABLE FOR USE OR DOWNLOAD THROUGH THE SITE), IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT OR INFORMATION OBTAINED THROUGH THE SITE.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, THE CONTENT, SITE-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES SENT OR MADE AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. WARRANTIES RELATING TO ANY PRODUCTS OR SERVICES OFFERED, SOLD AND/OR DISTRIBUTED BY COMPANY OR THIRD PARTIES (INCLUDING ANY THIRD PARTY HEALTH CARE PROVIDERS) ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.


8. Disclaimer of sources (See Disclaimers Page for additional information) 

MDNetX obtains its information from sources it believes to be reliable. However, because of the possibility of human and mechanical error as well as other factors, MDNetX makes no representations or warranties, express or implied, as to the accuracy or timeliness of its information, and cannot be responsible or liable for any errors or omissions in its information or the results obtained from the use of such information. Users are solely responsible for determining whether the information provided is suitable for their purposes, and reliance on the information is at the users' sole risk. Users should obtain any additional information necessary to make an informed decision.

The data contained in MDNetX products is compiled and processed on an ongoing basis, with monthly update releases, from free and fee-based sources, that may or may not include:

a. National Plan & Provider Enumeration System (NPPES), 

b. Medicare Provider Enrollment, Chain, and Ownership System (PECOS), 

c. List of Excluded Individuals/Entities (LEIE),

d. Centers for Medicare and Medicaid Services (CMS),

e. other US federal sources obtainable under the Freedom of Information Act (DocGraph) and provided monthly by the Centers for Medicare and Medicaid Services (CMS), 

f. Office of Inspector General, divisions of the US Department of Health and Human Services (HHS), 

g. and from the US Census Bureau, a division of the US Department of Commerce, 

h. agencies of the US federal government, and the United States Postal Service (USPS), and other sources of information,

i. Taxonomy files, and

j. Bing Geocoding. 

This list is not all-inclusive. MDNetX will make use of privately sourced data as well.

Neither MDNetX nor its investors, partners and affiliates are responsible for data maintained by these or other source providers. Not all fields in all records are populated with data. No warranty is expressed or implied as to the accuracy, completeness or timeliness of the information presented nor that the data structure will not be changed in the future as necessitated by source data. 


9. Medical Advice Disclaimer  (See Disclaimers Page for additional information) 

The Company is not a healthcare provider and does not provide any healthcare treatment services, consultation, diagnosis or medical advice. The Content of the Site, including without limitation any Content accessed, sent or made available for use or download through this Site (inclusive of any information transmitted by third parties), is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations by the Company of any kind. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. The Company does not recommend or endorse any specific tests, healthcare providers, physicians, products, treatments, therapeutics, pharmaceuticals, devices, procedures, opinions or other information that may be included on, accessed through, sent through or made available for use or download through the Site. Reliance on any information appearing on, accessed through, sent through or made available for use or download through the Site, whether provided by Company, its content providers (including any healthcare providers who provide content through the Site), its clients, visitors to the Site or others, is solely at your own risk.

10. Business Advice Disclaimer (See Disclaimers Page for additional information) 

The Company is not a financial institution and does not provide any financial or business advice. The Content of the Site, including without limitation any Content accessed, sent or made available for use or download through this Site (inclusive of any information transmitted by third parties), is for informational purposes only and does not constitute professional recommendations by the Company of any kind. You should always seek the advice of your qualified professionals with any questions or concerns you may have regarding your practice and business needs. The Company does not recommend or endorse any opinions or other information that may be included on, accessed through, sent through or made available for use or download through the Site. Reliance on any information appearing on, accessed through, sent through or made available for use or download through the Site, whether provided by Company, its content providers (including any healthcare providers who provide content through the Site), its clients, visitors to the Site or others, is solely at your own risk. 

11. Limitation of Liability Regarding Use of Site

COMPANY AND ANY THIRD PARTIES (AND THEIR CONTENT) MENTIONED (OR ACCESSED AND USED AND ACTED UPON) ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST BUSINESS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED OR UTILIZED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.


12. Dispute Resolution; Arbitration Agreement

We will try to work in good faith to resolve any issue you have with Site, including services and/or Content requested, accessed, sent or made available for use or download through the Site, if you bring that issue to the attention of our management team. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. You and Company agree that any dispute, claim or controversy arising out of or relating in any way to your use of the Site, including services and/or Content requested, accessed, sent or made available for use or download through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Company.The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The parties will mutually agree upon an arbitrator. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Company and you agree otherwise, any arbitration hearings will take place in Cook County, Illinois. The payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Cook County, Illinois.


13. Copyright

The data structures, programming, code and text materials associated with MDNetX published materials and website are protected by US and international copyright owned solely by MDNetX, all rights reserved. Users/visitors agree that materials may not be reverse-engineered, copied, reproduced or re-applied in any manner whatsoever unless specific license has been granted in writing in an End User License Agreement (EULA) or other licensing document, and in such case, only in such manner as specified in the document.


14. Revisions; General

In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Company and you pertaining to the subject matter hereof. In its sole discretion, Company may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.