Terms Of Use - Physicians Office Resource

Medical Education Resources, LLC - Terms of Use/Service
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site. Medical Education Resources, LLC may revise and update these Terms and Conditions at any time. Your continued usage of the Physicians Office Resource website will mean you accept those changes.

AGREEMENT BETWEEN USER AND PHYSICIANS OFFICE RESOURCE
This website www.physiciansofficeresource.com, (the "Website" or the "Physicians Office Resource Website") is operated and provided by Medical Education Resources, LLC (the "Company", "Physicians Office Resource”, “we”, “us” or “our”). The Website is comprised of various web pages and services operated by the Company, including Diagnostics & Devices, ConnectRx and eHealth (collectively, the “Services”) and includes all related websites offered the Company. The Website and Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of our Website, any other websites provided by the Company and/or any of the Services constitutes your agreement to all such terms, conditions, and notices. You should read these Terms of Service (which apply to all your use of services on this Website whether you purchase those services or they are provided for free) in conjunction with the Terms of Sale (which apply to your purchases of services provided through this Website) and our Privacy Policy Statement (which applies to all of your use of this website). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

MODIFICATION OF THESE TERMS OF USE
We reserve the right to change the terms, conditions, and notices under which the Physicians Office Resource Website is offered, including but not limited to the charges associated with the use of the Physicians Office Resource Website and the Services.

LINKS TO THIRD PARTY SITES
Our Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. Physicians Office Resource is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Physicians Office Resource of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Physicians Office Resource Website, you warrant to Physicians Office Resource that you will not use the Physicians Office Resource Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Physicians Office Resource Website in any manner which could damage, disable, overburden, or impair the Physicians Office Resource Website or interfere with any other party's use and enjoyment of the Physicians Office Resource Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Physicians Office Resource Website.

YOUR RESPONSIBILITIES
You may not use the Services on behalf of multiple individuals or entities or any individual or entity other than yourself. You may not modify, translate, or create derivative works based on the Services, or permit other individuals to do so. You will keep all passwords confidential and not permit any other individual to use your password to access the Services.

ELECTRONIC SIGNATURE
I understand that the user ID and password I create will be used as my electronic signature in this system, and I certify that intend this electronic signature to be the legally binding equivalent of my handwritten signature.

Federal law regulates the distribution of prescription drug samples and the use of electronic systems to request samples. Under federal law, samples may be distributed only in response to a request from a practitioner who is authorized to prescribe the drug, and that request (electronic or paper) must be signed by the practitioner and not anyone on his or her behalf. Additionally, any system or electronic records or signatures must include security controls. Accordingly, in order to protect patient safety, maintain prudent business practices, and avoid violations of federal law, you must keep your password confidential to prevent any unauthorized use of the Platform. You further agree that your use of the Platform and the Services will comply with all applicable laws and regulations, including, without limitation, United States and international copyright laws, the United States Export Administration Act, Title 21 U.S.C. and 21 C.F.R., and the rules and regulations thereunder.

USE OF COMMUNICATION SERVICES
The Physicians Office Resource Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
* Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
* Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
* Conduct or forward surveys, contests, pyramid schemes or chain letters.
* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
* Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the Communication Services.
* Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
* Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
* Violate any applicable laws or regulations.

Physicians Office Resource has no obligation to monitor the Communication Services. However, Physicians Office Resource reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Physicians Office Resource reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Physicians Office Resource reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Physicians Office Resource's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Physicians Office Resource does not control or endorse the content, messages or information found in any Communication Service and, therefore, Physicians Office Resource specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Physicians Office Resource spokespersons, and their views do not necessarily reflect those of Physicians Office Resource.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO PHYSICIANS OFFICE RESOURCE OR POSTED AT ANY PHYSICIANS OFFICE RESOURCE WEBSITE
Physicians Office Resource does not claim ownership of the materials you provide to Physicians Office Resource (including feedback and suggestions) or post, upload, input or submit to any Physicians Office Resource website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Physicians Office Resource, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Physicians Office Resource is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Physicians Office Resource's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

WARRANTY DISCLAIMER
PHYSICIANS OFFICE RESOURCE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PHYSICIANS OFFICE RESOURCE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PHYSICIANS OFFICE RESOURCE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PHYSICIANS OFFICE RESOURCE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PHYSICIANS OFFICE RESOURCE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PHYSICIANS OFFICE RESOURCE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE PHYSICIANS OFFICE RESOURCE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHYSICIANS OFFICE RESOURCE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PHYSICIANS OFFICE RESOURCE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE PHYSICIANS OFFICE RESOURCE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PHYSICIANS OFFICE RESOURCE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PHYSICIANS OFFICE RESOURCE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PHYSICIANS OFFICE RESOURCE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

SERVICE CONTACT: support@physiciansofficeresource.com

EXCLUSIVE REMEDY
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PHYSICIANS OFFICE RESOURCE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PHYSICIANS OFFICE RESOURCE WEBSITE. If the foregoing provision is found to unenforceable for whatever reason, then Physicians Office Resource’s (and our suppliers’ and partners’) liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or your use of the materials or the Services will be limited to direct damages and will not exceed the amount of any fees received by Physicians Office Resource as a direct result of your use of the Services in the twelve (12) months preceding the act or event resulting in such losses.

INDEMNIFICATION
You will defend, indemnify, and hold harmless Physicians Office Resource (and our supplier(s) and/or partner(s), as applicable), its affiliates, and their officers, directors, agents and employees from any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from (a) your use of the Services and materials on the Website or from your negligent misconduct; or (b) access to or use of the Services by any third party using any password or other user id you have provided to Physicians Office Resource.

TERMINATION/ACCESS RESTRICTION
Physicians Office Resource reserves the right, in its sole discretion, to terminate your access to the Physicians Office Resource Website and the related services or any portion thereof at any time, without notice.

GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Hampshire, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Concord, New Hampshire, U.S.A. in all disputes arising out of or relating to the use of the Website or any of the related services provided by the Company. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Physicians Office Resource with respect to the Physicians Office Resource Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Physicians Office Resource with respect to the Physicians Office Resource Website.

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.

TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Physicians Office Resource’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Physicians Office Resource that your copyrighted material has been infringed.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Physicians Office Resource's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
Physicians Office Resource Legal Department
125 High Meadow Rd
Newbury, NH 03255
T 888-473-6533
F 603.472.9007
e-mail: support@physiciansofficeresource.com

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

DISCLAIMER
This question and answer service known as Code Quick (the “Service”) is made available on http://www.connectrx.com (the "Website"). The Service is provided by ICD-10 Coders Academy ("ICA") and the Website is operated by Medical Education Resources, LLC ("Physicians Office Resource” or the “Company”). The information, content and documents from or through the Website or the Service are provided “AS-IS”, “AS AVAILABLE”, WITH “ALL FAULTS”, and ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). The information and services may contain bugs, errors, problems or other limitations. Neither Physicians Office Resource nor ICA nor either of their affiliated parties have any liability whatsoever for your use of any information or service made available through the Website or the Service. In particular, but not as a limitation thereof, Physicians Office Resource, ICA and/or either of their affiliated parties are NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. The Website and Service and the products, services, documents and information presented would not be provided without such limitations. No advice or information whether oral or written, obtained by you from us through the Website or the Service or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.

U.S. GOVERNMENT RIGHTS
This product includes CPT which is commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable, which was developed exclusively at private expense by the American Medical Association, 515 North State Street, Chicago, Illinois, 60654. 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) (November 1995) and/or subject to the restrictions of DFARS 227.7202-1(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.