APMA Coding Resource Center User and Services Agreement

The APMA Coding Resource Center is a website and service offered by the American Podiatric Medical Association. (“APMA”). This Agreement governs use of the APMA Coding Resource Center website located at APMACodingRC.org (the “Site”), all content available at the Site, including, without limitation, all text, information, images, and audio (collectively, the "Content"), and all APMA Coding Resource Center services (the "Services").

By accessing the Site, you acknowledge, accept, and agree to the terms and conditions set forth herein. If you do not agree with these terms and conditions, contact us at info@apmacodingrc.org within 10 days of your subscription purchase for cancellation of the subscription and refund.

APMA has the right, at its sole discretion to modify, add, or remove any terms or conditions to or from this Agreement. Changes will be posted on the Site and will be immediately effective. You agree to review this Agreement from time to time. By accessing the Site after APMA posts any such changes, you accept and agree to the terms and provisions as modified.

1. Copyrights. The Site displays content from the Current Procedural Terminology, Fourth Edition (“CPT”), under license from the American Medical Association (the “AMA”). CPT and its content were developed exclusively at private expense by the AMA, North State Street, Chicago, Illinois 60610, which owns all proprietary and copyright rights therein. Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained therein. Unless expressly identified on the Site to the contrary, all remaining copyrights in the Content are owned by APMA

2. Trademarks. CPT is a registered trademark of the AMA. APMA Coding Resource Center is a trademark of APMA.

3. Use of Intellectual Property. You may not publish, distribute, create derivative works (including translations), transfer, sell, lease, license, or otherwise make available to any unauthorized party, the Content, or any copy or portion thereof, without express, prior, written approval from APMA.

4. Fees and Payment Terms. Your right to access and use the Site, Content, and Services is predicated on pre-payment of an annual subscription fee. A “Subscriber” is defined as a single person and his or her staff working, operating, or functioning within a practice facility or single office location on whose behalf a current subscription fee payment has been made.

5. Access. You must be a current Subscriber to access the Site, Content, and Services. Subscription information must be current, accurate, and complete. Incomplete or inaccurate information could result in the suspension or termination of a Subscriber’s right to access the Site, Content, and Services. All Subscribers must abide by the current terms of this Agreement, as well as the APMA Coding Resource Center Policies listed below, either of which may be amended from time to time at APMA’s sole discretion.

6. Security. Accessing and using the Site requires a registered user name and password. Certain services and/or features may require additional codes. Subscribers are solely responsible for maintaining user name and password confidentiality. Failure on the part of Subscribers to notify the Site administrator of the misuse of their user names and/or passwords may result in the deactivation of subscription access to the Site.

7. Patient Data and Legal Compliance. The Site does not transmit, store, and/or receive confidential patient information. Subscribers are obligated to respect patient confidentiality in all Site communications. You represent and warrant that you will, at all times comply with all laws directly or indirectly applicable to the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of all patient information and use your best efforts to cause all persons or entities under your direction or control to likewise comply with such laws.

8. MEDICAL DISCLAIMERS. THE CONTENT IS PROVIDED FOR INFORMATIONAL, REFERENCE, AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE ULTIMATE JUDGMENT OF SUBSCRIBERS. APMA DOES NOT OFFER MEDICAL, TREATMENT, OR DIAGNOSTIC ADVICE OR SERVICES. THE SITE, CONTENT, AND SERVICES ARE TO BE USED SOLELY AT THE SUBSCRIBER’S RISK. SUBSCRIBERS ARE TO REFER TO OTHER SOURCES OF INFORMATION FOR ANSWERS TO ANY QUESTIONS REGARDING CODING, BILLING, AND/OR REIMBURSEMENT. IF SUBSCRIBERS CONTINUE TO HAVE QUESTIONS OR CONCERNS, THEY SHOULD SEEK THE PROFESSIONAL ADVICE OF A QUALIFIED HEALTHCARE ATTORNEY.

9. GENERAL DISCLAIMERS. APMA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. APMA CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR SUBSCRIBER USE OR MISUSE OF INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED FROM THE SITE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY CODING, BILLING, REIMBURSEMENT STATEMENTS, POSTINGS, OR DISCUSSIONS ON THE SITE WITH INDIVIDUAL PAYERS, LAWS (LOCAL, STATE, AND FEDERAL), OR AGENCIES, AND NOT CONSIDER THE ACCURACY OF THE STATEMENTS OR OPINIONS EXPRESSED ON THE SITE TO BE TRUE AND UNIVERSAL. APMA ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO AND/OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; OR SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY, REASONABLE, OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS, OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE, CONTENT, OR SERVICES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES. THEREFORE, ONLY IF REQUIRED BY APPLICABLE LAW, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS FROM JURISDICTION TO JURISDICTION.

10. Exclusion of Damages. Under no circumstances is APMA responsible or liable to you or any other entity for any direct, compensatory, indirect, incidental, consequential (including lost profits and lost business opportunities), special, exemplary, or punitive damages that result from or relate in any manner whatsoever to (1) use of or reliance on the Site, Content, or Services, or (2) errors, inaccuracies, omissions, defects, untimeliness, security breaches, or any other failure to perform by APMA or any Content providers. The foregoing exclusion shall apply regardless of whether APMA has been advised of the possibility of such damages. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

11. Limitation of Liability. If, notwithstanding the other terms of this Agreement, APMA should have any liability to a Subscriber or any third party for any loss, harm or damage, you agree that such liability shall under no circumstance exceed the subscription fees you paid for access to the Site during the three (3) months immediately preceding the day the act or omission occurred that gave rise to the claim. You agree that the foregoing limitation of liability is an agreed allocation of risk between you and APMA and is reflected in the Site subscription fees. You acknowledge that absent this agreement of limitation of liability, APMA would not grant you access to the Site.

12. Indemnity. You agree to defend, indemnify, and hold APMA harmless against any losses, expenses, costs, or damages (including APMA’s reasonable attorneys' fees, expert fees, and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of any term of this Agreement, (2) your unauthorized or unlawful use of the Site, Content, or Services, or (3) the unauthorized or unlawful use of the Site, Content, or Services by any person using your user name and password.

13. Entire Agreement. This Agreement, including the APMA Coding Resource Center policies that follow, contains the entire agreement between you and APMA relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by you relating to the subject matter hereof, or (2) statements of any APMA staff or employees.

14. Termination. Your right to access and use the Site, Content, and/or Services immediately terminates without further notice upon your breach of any terms of this Agreement. APMA may terminate this Agreement and/or your right access or use the Site, Content, and/or Services at any time, with or without cause. APMA has the option, upon termination of a subscription, to refund to the Subscriber up to a maximum of the prorated balance of the annual subscription fees paid by the terminated Subscriber. All sections of this Agreement pertaining to disclaimers, warranties, liabilities, and damages survive the expiration or termination of this Agreement for any reason whatsoever. APMA reserves the right to discontinue or make changes to Site, Content, and/or Services at any time.

15. Other. APMA may assign this Agreement, in whole or in part, in its sole discretion. A Subscriber may not assign his or her rights under this Agreement without APMA’s prior written permission. Any attempt by a Subscriber to assign his or her rights under this Agreement without APMA’s permission shall be void. Any waiver by APMA of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement is governed by the laws of the State of Maryland, without giving effect to any principles of conflicts of law, and shall be resolved in a Maryland court.

These policies are issued by APMA. They govern Subscriber use of the APMA Coding Resource Center website (the "Site"), including, without limitation, all available Site content such as text, information, images, and audio (collectively, "Content") and all services ("Services"). APMA reserves the right to make changes to these policies at any time without advance notice. APMA agrees to post all amended forms of these policies on the Site, and such amended policies shall be effective immediately upon posting.

1. Subscriber Use of Content. The Content consists of copyrighted works proprietary to APMA or to third parties (e.g., American Medical Association) who have provided APMA with licensed Content. Subscribers may download and/or print copies of Content solely for their internal non-commercial use. All Content that a Subscriber downloads or prints may not be altered in any way and must contain all copyright and/or proprietary rights notices that were contained in such Content. The unauthorized copying, distribution, and/or display of any Content may constitute copyright infringement and subject the Subscriber to civil and criminal penalties provided for under domestic and international copyright laws and treaties.

2. Copyrights. The Subscriber agrees that APMA and/or its Content providers own all worldwide rights, title, and interest in and to the Content. All rights not expressly granted in this Agreement are reserved by APMA.

3. Linking. The Subscriber may choose the Site as his or her Internet browser home page. The Subscriber may not deep link into the Site without prior written approval.

4. Software. To facilitate Subscriber access to and use of the Site, or portions thereof, APMA may make available certain software. The terms of use of such software would be stated separately in a license agreement included with the software. The Subscriber agrees to use such software only in a manner permitted by the included license agreements.

5. Interactive Areas. Subscribers may be permitted to access and use links from the Site to other websites, including but not limited to the APMA Member Page, Codingline website, and CMS website. If the Subscriber chooses to leave the Site via a link to another website, the Subscriber is responsible for understanding and following any Agreement and Policies of and from those sites.

6. Advertisements and Links. The Site may contains advertisements placed by or on behalf of third parties. These advertisements may contain links to other websites. These third party websites are not under APMA control and APMA is not responsible for those sites. Unless expressly stated so on the Site, APMA does not recommend or endorse particular products, services, or websites of any third parties or make any determination whether any such product, service, or website may be either necessary or appropriate for the Subscriber.

7. Outside the U.S. APMA makes no claims that the Site is appropriate for access or use outside the U.S. Subscriber access and/or use of the Site outside the U.S. is at the Subscriber's own risk, with the Subscriber responsible for compliance with the laws of his or her jurisdiction.