Last updated: July 1, 2012
This Agreement is between you, a healthcare professional or an authorized agent acting for a healthcare professional (“you”) and FAIR Health, Inc. (“the Company,” ‘FAIR Health,” “we,” “us”) concerning your use of the online site currently located at www.feeestimator.org (together with any successor site(s), the “Site”) where, if qualified, you may license certain data products. 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 the same agreement in paper form signed by you. The term “Company” shall be deemed to include the Company, its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers. All rights in this Site are exclusively reserved to the Company.
1. Acceptance of Terms.The Site is made available by the Company to you subject to the terms of this Agreement. You represent and warrant that you are a healthcare professional or an authorized agent acting on behalf of a healthcare professional. 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 for any modification, suspension or discontinuance 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.
2. The Site allows you to license directly FAIR Health’s data products, which are customized datasets of the FH and FH RV Benchmarks Modules, on the terms of our license agreement. If you agree to the terms of our license agreement and the applicable license fee is paid by credit card or other authorized payment method, you may be able to download data products the same day. Access to the data may be delayed depending on the specific data product requested. FAIR Health does not offer refunds for any data product once downloaded by you. The prices displayed on the Site for the data products ordered by you represent the full cost of the product, including applicable sales taxes.
3. 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 our data products to healthcare professionals utilizing this Site. This information provides you with charges for specific healthcare services, as reported on claims data provided to us by payors from all areas of the United States, which we organize by CPT and CDT Codes and ASA content (defined in Section 8 below) and postal codes. We do not determine, develop or otherwise set these charges or the reimbursement rates for healthcare services. You can use the licensed data as a tool to help you determine your own fees for the out-of-network healthcare services you provide. We do not guarantee that you will be paid by any payor the benchmark charge amounts that are included in our data products. We do not provide advice, legal or otherwise, regarding healthcare insurance or fees related to providing healthcare services.
5. Limits of Use. FAIR Health grants you a limited license to access and use this Site internally solely in connection with your, or if you are an agent, your principal’s provision of services as a healthcare professional and for no other purpose. You are not permitted to download (other than page caching) or modify it, 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 account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this Site nor any 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 13 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 agree that you will not:
- Use the Site for any fraudulent or unlawful purpose.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks, including without limitation, by posting, transmitting, or otherwise making available through or in connection with the Site, any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, files or program that is harmful or invasive or may, or is intended to, damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without the Company’s express prior written consent.
- Create a database by systematically downloading and storing Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “harvest,” "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without the Company’s express prior written consent.
6. Accuracy of Information. We attempt to ensure that all information contained on the Site and in the data products licensed through this Site is complete, accurate and current. Despite our efforts, the information may occasionally be inaccurate, incomplete or out of date, and we make no representation or guarantee that the information is complete, accurate or current.
7. 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.
8. Copyright of FAIR Health and its licensors. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FAIR Health or its content suppliers and is protected by United States copyright laws. The compilation of all content on this Site is the exclusive property of FAIR Health and is protected by U.S. copyright laws. All software used on this Site is the property of FAIR Health or its software suppliers and protected by United States copyright 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.
9. Trademarks and Other Proprietary Rights. The information and materials on this Site, including but not limited to logos, headers, text and graphics, as well as the information licensed through the Site, are and shall remain the property of the Company and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You must agree to the terms of the licensing agreement prior to licensing any data products. 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. CPT is a registered trademark of the AMA. CROSSWALK®, Reverse CROSSWALK® and Relative Value Guide® are trademarks of ASA.
10. 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 OR USEFULNESS OF ANY MATERIALS AVAILABLE OR LICENSED THROUGH THE SITE, INCLUDING THE DATA PRODUCTS. THE COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT AND TITLE.
11. LIMITATION OF LIABILITY. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY 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 WE WERE ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, COMPANY 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 COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF COMPANY 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 THE COMPANY TO ACCESS AND USE THE SITE, AND IN ANY CASE SHALL NOT EXCEED $100.00. FAIR HEALTH DOES NOT WARRANT THAT THIS SITE; 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 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.
12. 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.
13. 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 the Company shall not be liable to you or any third party for any termination of your access to the Site.
14. 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. The Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular 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.
15. Export Controls and 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 local 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.
16. 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 also 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.
Copyright © 2016 FAIR Health, Inc. unless otherwise noted. All Rights Reserved.