Updated: November 20, 2019
“Data” means all databases, data sets and other collections of information that we license to you pursuant to this User Agreement. This includes all information you request, search, display, access, download, work with, or use, on or through the Website (defined below).
“Products” means any products or services that we license to you, or that we use to provide Data and to you, under this User Agreement. It includes the Data and Website (defined below), as well as any workbooks, user manuals, software or product release notes, downloads, and other written specifications, guides or instructions that you may receive or access, in connection with the Data or Website. It also includes FAIR Health’s information or communication systems that we use to communicate with you, as well as systems we use to create, produce and make available the Data. It includes all computer software programs that we license to you under this User Agreement, including all updates and revisions, and all related documentation.
“Website” means the FH Fee Estimator Online website currently located at www.feeestimator.org, and any additional or successor website(s) that FAIR Health creates that allows you to request, search, display, access, download, work with, or use any Data licensed under this User Agreement.
By indicating your acceptance as provided below, and/or by using the Website, you agree to the terms and conditions of this User Agreement. We reserve the right to update or make changes to this User Agreement from time to time, in our sole discretion. We will provide these changes to you by any reasonable means, including without limitation, by posting a revised version on the Website. Your continued use of the Website or Data after such changes will indicate your acceptance of such changes.
When using the Website or Data, you agree that you are subject to this User Agreement, and to any additional guidelines, rules, terms and conditions posted on the Website.
In consideration of your payment of the applicable license fee, FAIR Health grants you the right to use the Data, within the United States, only for your own individual healthcare practice in connection with the following permitted uses: (1) network participation analyses; (2) fee schedule development; (3) billing analyses; (4) practice growth evaluation; or (5) revenue modeling. Any use beyond the scope of the foregoing is prohibited. Prohibited uses include, but are not limited to: (1) use of the Data to consult outside your own individual healthcare practice; (2) use of the Data in litigation; (3) use of the Data in performing medical diagnostic functions or setting treatment procedures; or (4) otherwise using the Data as a substitute for the medical judgment of a physician or qualified healthcare provider.
You may access and use the Data at a single location. Additional locations require a separate license. You agree that you will only use the Data at the address you provided in your online order form, unless we give you written approval to use a different address.
A “user” means each person you allow to use or access the Data. You agree that only one person may use or access the Data, unless we give you written approval for additional users.
The information and materials in the Products we provide you, including but not limited to logos, headers, text and graphics, as well as the Products themselves, are and shall remain the property of FAIR Health and our licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You do not obtain any rights in the Products, except the limited right to use them as provided herein. You agree that the Products, including any modifications, improvements, adaptations, or enhancements or new versions, as between you and FAIR Health, remain the sole property of FAIR Health.
FAIR Health does not offer refunds for any Data, once accessed or downloaded by you.
You represent and warrant that you are a licensed healthcare provider licensing use of the Data for purposes of your own individual healthcare practice. You agree to require all users who access or use the Data to agree to the terms of this User Agreement. You agree that you will be liable for any acts and omissions, including any breach of confidentiality, by a user (or any other third-party) who accesses the Data directly or indirectly through you. Anything your users, agents or employees do (or fail to do) that would be a breach of this User Agreement if done (or not done) by you, is deemed a breach of this User Agreement by you. You must promptly notify us and immediately stop providing the user, employee or agent with access to the Data.
You agree to access and use the Data for your own internal use only.You will not copy, modify, excerpt or create any derivative works based on the Data (including translations), except as expressly permitted in this User Agreement. You will not publish, display, distribute, transfer, sell, rent, license, sublicense, share, lease or otherwise make available the Data (or any copy or portion of the Data) to any person or entity, except for authorized users who access and use the Data on your behalf and in compliance with this User Agreement. You will not use the Data to provide service bureau or similar services to third parties. You will not identify, or try to identify, any individual patients or members, Data sources, persons, payors, or providers in the Data. You will not attempt to reverse engineer or otherwise obtain copies of the source code for the Software.
You agree and acknowledge that FAIR Health is not determining, developing or establishing fees or reimbursement levels for your business. The Data represent charge benchmarks for various procedures, services, products and geographic areas, based on claims data contributed to the FAIR Health database. The Data Products are not fee schedules and should not be used as a substitute for your own judgment in setting your own fee schedules. Any reliance upon, interpretation of or use of the Data is in your sole discretion. You agree to accurately describe your use of the Data and any modifications you make, and will not describe or characterize the Data in a manner that suggests FAIR Health sets usual and customary rates or fees, reimbursement rates, or a specific prevailing charge.
We do not represent or guarantee that any payor will pay you the benchmark amounts that are included in our Data. FAIR Health disclaims any opinion on the use, reasonableness or appropriateness of allowed amounts reported in the Data Sets. You agree to comply with all laws, orders, regulations or directions of government applicable to your use of the Data, and your acts, omissions or decisions made in connection with or after consulting the Data. We do not provide advice, legal or otherwise, regarding healthcare insurance or fees related to providing healthcare services.
You agree to notify us in writing within 10 business days after learning of a legal challenge or government inquiry that involves our Data. This includes any challenge or inquiry that reasonably could involve the integrity of the Data, the way FAIR Health collects, compiles or maintains the Data, and our methodologies used to create the Data. You will not disclose any Data or any Confidential Information (defined below) relating to the Data in any legal proceeding without first (i) using reasonable efforts to designate such information as confidential pursuant to a confidentiality agreement or order in such proceeding, and (ii) notifying FAIR Health before any disclosure is made to allow FAIR Health to seek a protective order or other relief.
"Confidential Information" means the Data, the Licensed Codes, and all of FAIR Health’s and our vendors’ trade secrets, intellectual property, and confidential or proprietary tools, systems, software, products, methods, processes, associated algorithms, and other information, including, without limitation, information whether written or in other tangible form, oral or otherwise, about our databases, research and product development, software code (object and source), and technology, and information about the negotiations and terms of this User Agreement.
You will hold Confidential Information in confidence. You will not disclose or provide Confidential Information to any third party, except as specifically permitted under this User Agreement, or as authorized by us in writing. If you learn of any unauthorized use or disclosure of Confidential Information, you will notify us promptly. If we request your help to obtain relief for such an unauthorized disclosure, you will assist us (at our expense).
This Section will survive termination of this User Agreement.
You may make copies of the Data solely for backup, archival and disaster recovery purposes.You may keep the copies only during the Term of this User Agreement. You must reproduce all notices or legends appearing on the original, including all copyright and trademark notices. You will keep all copies in strict confidence, and use them only in accordance with this User Agreement.
We have the right to inspect and audit your records to confirm that you are complying with the terms of this User Agreementa. Without limiting our other rights and remedies, you will promptly correct any noncompliant or deficient practices, and promptly pay any underpayment of fees identified in any audit (together with interest thereon at the rate specified by statute for interest on judgments, or if none, the highest rate allowed by applicable state law).
You will comply with all rules, security controls, and guidelines, which may be posted on the Website, or included in a log-in procedure.
You will not knowingly introduce any virus, malware, Trojan horse, worm, or other disabling or damaging code into, or otherwise try to damage, the Website or other Products. You will not attempt to access any portions of the Website or Data that we have not licensed or permitted you to access.
You are responsible for having and maintaining any computer setup (including hardware, software, communications equipment, associated peripherals and support) as may be necessary to use the Data and Website. If FAIR Health, the Data or Website fails to perform because you do not have the computer setup recommended by us from time to time, FAIR Health will not be responsible or in breach of this User Agreement.
This User Agreement is effective upon your acceptance of the terms and payment of the license fee, and will terminate one year later, unless you renew it by purchasing an additional license. This agreement shall have the same binding effect as a paper agreement physically signed by you.
If you breach any term or condition of this User Agreement, FAIR Health may terminate this User Agreement upon 5 days’ written notice, unless you cure the breach to FAIR Health’s reasonable satisfaction within such time. However, if you fail to pay, or breach this User Agreement in a manner that we deem impossible to cure, we may terminate this User Agreement immediately.
You agree that if you breach this User Agreement, the remedy at law may be inadequate and FAIR Health will be entitled to injunctive relief, in addition to any other remedy at law which we may have.
When this User Agreement terminates or expires for any reason, you shall stop using the Products, remove electronic and paper copies from all your systems, computers and files, and return to us (or with our permission destroy) all Data in your possession, including any and all copies in any form. The obligations in this paragraph survive termination of this User Agreement.
Our liability to you for direct damages arising out of this User Agreement shall not exceed the amount you have paid us for the license for the current one year term. Neither FAIR Health, its third-party vendors nor its licensors of products embedded in the Products shall be responsible under this User Agreement for any lost profits or any indirect, incidental, special, punitive or consequential damages, under any contract, negligence, strict liability or other legal theory, including, without limitation, the use of or inability to use the Data or Website, any damage to equipment and any cost of recovering lost data or of reprogramming. The Products are provided to you on as "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 Products, including without limitation, any reliance on the accuracy, completeness or usefulness of any materials available or licensed through the Website, including the Data. We and our licensors specifically disclaim all such warranties or representations with respect to the Products, including, without limitation, the warranties of merchantability, non-infringement, title, value, reliability and fitness for a particular purpose.
You agree to defend and indemnify us, and hold us harmless, from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of your use of the Data, actions taken after consulting the Data, or violation of this User Agreement in any way.
This User Agreement constitutes the entire agreement between the parties and supersedes all prior proposals, communications and agreements between the parties relating to its subject matter. No amendment, change, or waiver of any provision of this Agreement will be binding upon FAIR Health unless in writing and signed by its duly authorized representative.
This User Agreement will be construed in accordance with the laws of New York, without regard to any conflict of law rules that would result in the application of a different state law.
You may not assign or transfer this User Agreement, or any of the rights or licenses granted under it. If you attempt to make such an assignment without our written consent, the assignment will be void. Any merger or acquisition of control of you will be deemed an assignment. FAIR Health may assign or transfer this User Agreement without your consent. Subject to the forgoing, this User Agreement will be binding upon, inure to the benefit of, and be enforceable by the successors and permitted assigns of the parties.
If a court holds that any term of this User Agreement is invalid or unenforceable, all other terms of this User Agreement will remain valid and enforceable and this User Agreement will be interpreted and construed as if the invalid or unenforceable term had never been included. You agree that a printed version of this User Agreement, and of any notice given in electronic form, is admissible in a judicial or administrative proceeding to the same extent, and subject to the same conditions, as if it were originally a printed document.
FAIR Health will not be responsible to the extent we are unable to comply with our obligations under this User Agreement because of any event or circumstance not caused by us, including without limitation labor disturbances (including strikes or lockouts), war, terrorism, vandalism, fires, storms, accidents, governmental regulations, and failure of internet access or service.
The Data you license from us may contain (i) Current Procedural Terminology codes ("CPT") owned and copyrighted by the American Medical Association ("AMA"), (ii) Current Dental Terminology codes ("CDT") owned and copyrighted by the American Dental Association ("ADA"), or (iii) ASA content ("ASA Content") owned and copyrighted by the American Society of Anesthesiologists ("ASA") (collectively, the “Licensed Codes”). These Licensed Codes are licensed to FAIR Health. You may use the Licensed Codes only subject to the rules below. You do not acquire any proprietary interest in any Licensed Codes. Except for the limited rights granted to you in this User Agreement, you agree that all other rights in the Licensed Codes are owned and retained by AMA, ADA and ASA, respectively. The notices of proprietary rights (including trademark and copyright) must appear on any permitted backup or archival copies you make. CPT is a registered trademark of the AMA. CROSSWALK®, Reverse CROSSWALK® and Relative Value Guide® are trademarks of ASA.
AMA, ADA, and ASA are third-party beneficiaries for the purpose of enforcing, at law and equity, their rights under this User Agreement against you, FAIR Health and any third party, and for the purpose of enforcing your covenants, the warranty disclaimers, and limitations of liability in this User Agreement, whether or not the AMA, the ASA, CPT or ASA Content are specifically referenced in those provisions. You agree to indemnify ADA (including reasonable attorneys' fees and costs of litigation) against and hold ADA harmless from any and all claims, liability, losses, damages and expenses resulting from your use of the CDT, in breach of any of the terms of this User Agreement, or your use of any data or documentation received from ADA, regardless of the form of action.
You will not use Licensed Codes or information contained therein in any public computer-based information system or public electronic bulletin board (including the Internet and World Wide Web). You shall not create any derivative works (including translations) based on Licensed Codes except as set forth in this User Agreement and you are prohibited from transferring, selling, leasing, licensing (including sublicensing) or otherwise making the Licensed Codes available to any unauthorized party. You may print or download the Licensed Codes from the Data solely for your own internal use, without any modification to the content, and in such a way that the appropriate citations and acknowledgements are included.
THE AMA PROVIDES CPT "AS IS", WITHOUT ANY LIABILITY TO THE AMA, INCLUDING, WITHOUT LIMITATION, NO LIABILITY FOR CONSEQUENTIAL OR SPECIAL DAMAGES OR LOST PROFITS FOR SEQUENCE, ACCURACY OR COMPLETENESS OF THE CPT DATA. THE AMA DOES NOT WARRANT THAT CPT WILL MEET LICENSEE'S REQUIREMENTS. THE AMA DISCLAIMS ANY LIABILITY FOR ANY CONSEQUENCES DUE TO USE, MISUSE OR INTERPRETATION OF INFORMATION CONTAINED OR NOT CONTAINED IN CPT. IF THE CPT DATA IS NOT INTACT, THE AMA'S SOLE RESPONSIBILITY IS TO MAKE REPLACEMENT COPIES AVAILABLE TO FAIR HEALTH. EXCEPT AS EXPRESSLY STATED HEREIN, THE LICENSED CODES AND DOCUMENTATION ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSEE (AND NOT THE AMA, ADA OR ASA) BEARS ALL RISK RELATING TO QUALITY, ACCURACY AND PERFORMANCE OF LICENSED CODES.
ASA's sole responsibility is to make available to FAIR Health replacement copies of the ASA Content if the ASA Content is not intact. ASA disclaims any liability for any consequences due to use, misuse, or interpretation of information contained or not contained in ASA Content.
CPT Codes. CPT is commercial technical data, which was developed exclusively at private expense by the American Medical Association (AMA), 330 North Wabash Avenue, Chicago, Illinois 60611. This agreement does not grant the Federal Government a direct license to use CPT based on FAR 52.227-14 (Data Rights - General) and DFARS 252.227-7015 (Technical Data - Commercial Items).
Other Data. The Data Products and Licensed Codes other than CPT Codes are "Commercial Items," as that term is defined in 48 C.F.R. 2.101, and include commercial technical data and/or computer licensed databases and/or commercial computer software or commercial computer software documentation, as applicable, which were developed exclusively at private expense by FAIR Health the ADA or the ASA. U.S. Government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer licensed databases and/or commercial computer software and/or commercial computer software documentation are subject to the limited rights restrictions of 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R. §227.7102-2, and 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R. §227.7102-1 through 48 C.F.R. §227.7102-3, and 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, this commercial product and data are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other users pursuant to the terms and conditions of this License. In case of conflict between any of the FAR and DFARS provisions listed herein and this License, the construction that provides greater limitations on the Government's rights shall control, subject to applicable law. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that this commercial product and data are a trade secret and proprietary commercial products and not subject to disclosure.
You acknowledge that you have read this User Agreement and that you understand and agree to be bound by its terms and conditions.
If you are a licensed healthcare provider and accept the foregoing terms, click the boxes below. If you do not accept these terms, you will not be authorized to access any Data.