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USER
AGREEMENT & PRIVACY POLICY
AmazingCharts.com
is an Internet-based online information and communication software
service. By accessing or using AmazingCharts.com, you agree to be
bound by the terms and conditions of this agreement.Be sure
to also review the Amazing Charts End User License
Agreement (EULA) since if you chose to use our software or services,
you are bound by this legal document as well.
IF YOU DO NOT WISH TO BE BOUND BY THESE AGREEMENTS, YOU MAY NOT
ACCESS OR USE AMAZINGCHARTS.COM OR USE AMAZING CHARTS FAMILY OF
SOFTWARE.
AMAZINGCHARTS.COM
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL
BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT
OR NOTIFYING YOU. YOU
AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE
AWARE OF ANY MODIFICATIONS.
YOUR CONTINUED ACCESS OR USE OF AMAZINGCHARTS.COM SHALL BE DEEMED
YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
0.
TOTAL LEGAL BULLSHIT PROVISION
We realize that much of the details below are incredibly painful
to read and mostly just verbiage spewed forth by those that many
of us consider to be the worst scum on the earth. We know the crap
below sounds to be legal bullshit and apologize for having to place
this crap on our website. All of the information below could probably
be stated more clearly and with far fewer attorney fees using the
following statements: DO NOT COPY AND DISTRIBUTE OUR SOFTWARE OR
PRODUCTS, AS IT IS OURS. USE COMMON SENSE WHEN USING THIS SITE AND
THE AMAZING CHARTS SOFTWARE, AS WE ARE NOT RESPONSIBLE FOR YOUR
LIFE AND DECISIONS - AND IT CERTAINLY MAY NOT FUNCTION THE WAY YOU,
OR WE, INTEND. TAKE THIS WEBSITE'S INFORMATION (AND ALL INFORMATION
YOU ACQUIRE) WITH A "GRAIN OF SALT" AND CONFIRM IMPORTANT
INFO WITH OTHER SOURCES. USE COMMON SENSE WHEN GETTING INFORMATION
FROM THE INTERNET, SOFTWARE, LIBRARY, ENCYCLOPEDIA, DOCTORS, OR
ANYBODY ELSE. WEAR SUNSCREEN, USE SEATBELTS & CONDOMS WHEN APPROPRIATE,
AND PROTECT YOUR EYES WHEN USING POWER TOOLS. But just to be sure
we cover our own asses, please read every word of this agreement
and our License agreement, and be sure you understand it before
trying our website, software, or services, as you are legally bound
by what it says, and we will absolutely take you to court if you
mess with us. Again, be sure to review the Amazing Charts End
User License Agreement since if you chose to use our website,
software, or services, you are bound by this too.
1.
DISCLAIMER
The information contained in AmazingCharts.com and Amazing Charts
software is presented for the purpose of allowing professional physicians
and caregivers to facilitate documentation of the medical encounter.
Nothing contained in AmazingCharts.com is intended to be instructional
for medical diagnosis or treatment, or advice on coding or billing.
The information in AmazingCharts should not be considered
complete, nor should it be relied on to suggest a course of treatment
for a particular individual. It should not be used in place of a
visit, call, consultation or the advice of a physician or other
qualified health care provider. Information obtained in AmazingCharts
is not exhaustive and does not cover all diseases, ailments, physical
conditions or their treatment.
AmazingCharts.com
SERVICES AND AMAZING CHARTS SOFTWARE AND INFORMATION ACCESSED Through
AmazingCharts.com (the "SERVICES") ARE provided "AS
IS" without warranty, express or implied. AmazingCharts.com
hereby excludes all implied warranties of merchantability and fitness
for a particular use or purpose with respect to the SERVICES. There
are no warranties which extend beyond the description on the face
OF THIS AGREEMENT. AmazingCharts.com and Information Providers make
no warranty as to the reliability, accuracy, timeliness, usefulness,
adequacy, completeness or suitability of the Services. AmazingCharts.com
and Information Providers cannot and do not warrant against human
and machine errors, omissions, delays, interruptions or losses,
including loss of data. AmazingCharts.com and Information Providers
cannot and do not guarantee or warrant that files available for
downloading from this online site will be free of infection by viruses,
worms, Trojan horses or other code that manifest contaminating or
destructive properties. AmazingCharts.com and Information Providers
do not warrant or guarantee that the functions or Services performed
in AmazingCharts.com will be uninterrupted or error-free or that
defects in AmazingCharts.com will be corrected. Users of AmazingCharts.com
are responsible for (1) implementing and maintaining adequate procedures
and checkpoints to satisfy their particular requirements for accuracy
of data input and output and (2) maintaining a means external
to AmazingCharts.com for the reconstruction of any lost data.
2.
OTHER SITES
You are encouraged to use discretion while browsing the Internet
on searches initiated at AmazingCharts.com. AmazingCharts.com links
may lead unintentionally to sites containing information that some
people may find inappropriate or offensive. It may also lead to
sites which contain inaccurate information, false or misleading
advertising, or information which violates copyright, libel or defamation
laws. AmazingCharts.com and Information Providers make no representations
concerning any effort to review all of the content of sites listed
in its catalog (indeed, given the number of results from any browsing
which starts with a AmazingCharts.com link that would be practically
impossible).
3.
REVIEW OF POSTINGS & UPLOADS
AmazingCharts.com does not and cannot review all communications
and materials posted or uploaded to AmazingCharts.com and is not
responsible for the content of these communications and materials.
However, AmazingCharts.com reserves the right to block or remove
communications or materials that it determines, in its sole discretion,
to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright or trademark,
other intellectual property right of another or (d) offensive or
otherwise unacceptable to AmazingCharts.com. ANY MESSAGES, ADVICE,
OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD
NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
4.
LIMITED LICENSE
By this Agreement, AmazingCharts.com grants, subject to the
terms of this Agreement, only a limited, non-transferable and non-exclusive
license to use the software and documentation necessary to access,
explore and otherwise use AmazingCharts.com in real time and to
use the materials in AmazingCharts.com in a manner consistent with
paragraph 11 (Copyright) below.
5.
USER’S AGREEMENT
You agree to: (a) maintain all equipment required for your access
to and use of AmazingCharts.com ; (b) maintain the security of your
user identification, password and other confidential information
relating to your AmazingCharts.com account; and (c) be responsible
for all charges resulting from use of your AmazingCharts.com account,
including unauthorized use prior to your notifying AmazingCharts.com
of such use and taking steps to prevent its further occurrence by
changing your password.
6.
ON-LINE COMMUNICATIONS
6.01
Your participation in on-line communications occurs in real time
and is not edited, censored, or otherwise controlled by AmazingCharts.com.
AmazingCharts.com cannot and does not screen content provided by
you to AmazingCharts.com . Notwithstanding the foregoing, AmazingCharts.com
reserves the right to monitor content on AmazingCharts.com and to
remove content, which AmazingCharts.com, in its sole discretion,
determines to be harmful, offensive, or otherwise in violation of
this Agreement or AmazingCharts.com’s operating policies for
users of AmazingCharts.com ("Users").
6.02
You may send and receive electronic mail ("email"), engage
in conferences and chats, download and upload files and otherwise
use AmazingCharts.com as permitted by this Agreement, AmazingCharts.com’s
operating policies and applicable law. Files that you upload, public
messages that you send and your activity in conferences and chats
are subject to review, modification and deletion without notice
by the forum manager responsible for the AmazingCharts.com area
where your uploading or other activity takes place (or by an individual
designated by such forum manager for such purpose). AmazingCharts.com’s
operating policies relating to online conduct, storage and deletion
of email and uploaded files, conferences, bulletin boards ("BBSs")
and other matters are available and/or will be made available online.
AmazingCharts.com reserves the right in its sole discretion to change
such policies at any time. Files uploaded to a BBS may be subject
to posted limitations on usage, reproduction and/or dissemination,
and you are responsible for adhering to such limitations if you
download them.
6.03
You are responsible for your communications and your use of AmazingCharts.com.
You may not, under any circumstances, do any of the following: (a)
use simultaneous, unattended or continuous connections to AmazingCharts.com
with one account; (b) post or transmit any message which is
libelous or defamatory; (c) post or transmit any message, data,
image or program which is indecent, obscene or pornographic; (d) post
or transmit any message, data, image or program that would violate
the property rights of others, including unauthorized copyrighted
text, images or programs, trade secrets or other confidential proprietary
information, and trademarks or service marks used in an infringing
fashion; (e) use AmazingCharts.com to threaten, harass, stalk,
abuse, or otherwise violate the legal rights (including rights of
privacy and publicity) of others; (f) intercept or attempt to intercept
email or other private communications not intended for you; (g)
send email to Users or other Internet users for any purpose other
than personal communication, including to advertise or offer to
unsolicited sell goods or services to other Users, use as a mass
unsolicited distribution medium to communicate a generally unsolicited
message, or use your email account as an address to which Users
or other Internet users need to respond (except as otherwise expressly
permitted by AmazingCharts.com); (h) send unsolicited email messages
through third-party mail servers in order to relay your email or
hide the origination of your email to others; (i) upload or download
files that contain software or other material protected by intellectual
property laws, rights of privacy or publicity, or any other applicable
law unless you own or control the rights to such files or have received
all necessary consents; (j) upload files that contain a virus or
corrupted data; (k) delete any author attributions, legal notices
or proprietary designations or labels in a file that you upload
to a BBS or AmazingCharts.com; (l) falsify the source or origin
of software or other material contained in a file that you upload
to a BBS or AmazingCharts.com; (m) use AmazingCharts.com in a manner
that adversely affects the availability of its resources to other
Users; (n) use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity that is not a subscriber
to AmazingCharts.com the User directory or any portion thereof other
than for personal, noncommercial purposes (except as otherwise expressly
permitted by Empower Health Corporation); (o) falsely purport to
be an employee or agent of AmazingCharts.com (p) cause repeated
disruptive incidents; or (q) act, or fail to act, in your use of
AmazingCharts.com, in a manner that is contrary to applicable law
or regulation. In addition, you may not post or transmit any message
which is harmful, threatening, abusive or hateful. It is not the
intent of AmazingCharts.com to discourage Users from taking controversial
positions or expressing vigorously what may be unpopular views in
AmazingCharts.com, nonetheless, AmazingCharts.com reserves the right
to take such action as it deems appropriate in cases where AmazingCharts.com
is used to disseminate statements which are deeply and widely offensive
and/or harmful. Each time you upload a file on AmazingCharts.com,
you represent and warrant that you own or otherwise control
the rights or have the necessary consents to do so, and you grant
every other User the right to download and use such file. Your failure
to observe any of the foregoing limitations or obligations may result
in civil or criminal liability.
7.
PRIVACY POLICY
Because
your privacy is important to us, AmazingCharts.com operates by the
following principles.
Personal
Information About You
We generally do not need to know (and do not ask you for) information
that identifies you personally. There are times, however, when we
may need a limited amount of personal information to provide you
with services that are unique to you or tailored specifically for
you (e.g., if you decide to purchase our software). If that is ever
the case, we will ask you explicitly for that personal information.
Alternatively, you may wish to take advantage of online purchase
opportunities when we offer them. You will need to provide some
specific personal information (beyond just a name and address) to
make that purchase possible. This type of information is always
sent to us over an encrypted (or secured) connection that has been
set up to keep anyone else from gaining access to your information.
We may need personal information in order to inform you about new
features, services, or products available from us or our sponsors
and partners. We will always tell you if personal information is
required for purposes like these, and we will tell you how it is
going to be used if different than outlined here. Our site's registration
form may ask users to give us contact information (such as e-mail
address) and demographic information (e.g., age and gender). This
information is NOT shared with any third party on an individual
basis, though the general demographics of all visitors may be shared
on an aggregate basis only. Finally, this site has security measures
in place to protect the loss, misuse, and alteration of the information
under our control to minimize the risk of hackers gaining access
to these data.
Public
Forums
This site makes chat rooms, forums, message boards, and/or news
groups available to some users at some times. Please remember that
any information that is disclosed in these areas becomes public
information and you should exercise caution when deciding to disclose
any personal information.
Notes
on "Cookies"
Like many Web sites, we sometimes use pieces of information called
"cookies" to keep track of how and when site areas are visited and
by how many people. A cookie is a text file that is sent to your
hard drive where your browser files are kept. This enables us to
relate your use of the site with other specific information that
you have voluntarily provided. It is important to understand, though,
that the cookies themselves do not actually contain any personal
information. (You can "turn off" the ability of web sites to use
cookies in your browser's preferences or options section. )
Choice/Opting
Out
This site gives users the following options for removing their information
from our database to not receive future communications or to no
longer receive our service. 1. You can send e-mail to remove@AmazingCharts.com.
2. You can send mail to the following postal address: AmazingCharts.com,
Inc., P.O. Box 322, Saunderstown, RI 02874.
How
to Reach Us
If you ever feel uncertain about whether this site is following
the privacy policy we have described here, please notify us by e-mail
(webmaster@AmazingCharts.com).
We will make every effort to find and correct the problem promptly.
If you have any other questions about this privacy statement, the
practices of this site, or your dealings with this web site, you
can contact: Charles Schachter at AmazingCharts.com, Inc., PO Box
322, Saunderstown, RI 02874 or via e-mail at charlie@AmazingCharts.com.
8.
OPERATION
AmazingCharts.com reserves complete and sole discretion with
respect to the operation of AmazingCharts.com's Community. AmazingCharts.com
may, among other things: (a) delete email if it has not been
accessed by a User within the time established by AmazingCharts.com's
policies; (b) subject to Section 6, make available to third
parties information relating to AmazingCharts.com and Users; and
(c) withdraw, suspend or discontinue any functionality or feature
of AmazingCharts.com.
AmazingCharts.com
may, in its complete and sole discretion, review uploaded files,
conferences, BBSs, forums, and chats and authorize restrictions
on access thereto. AmazingCharts.com will not review the contents
of email except as required or allowed by applicable law or legal
process.
9.
USER REPRESENTATIONS
You represent and warrant that you are at least 18 years of
age and that you possess the legal right and ability to enter into
this Agreement and to use AmazingCharts.com in accordance with this
Agreement. You agree to be financially responsible for your use
of AmazingCharts.com (as well as for use of your account by others,
including minors living with you) and to comply with your responsibilities
and obligations as stated in this Agreement.
10.
CONTENT
Statements made in websites, newsgroups, message boards, email,
forums, conferences and chats reflect only the views of their authors,
and even then may not be accurate. Forum managers, forum hosts,
CPs, or Merchants appearing on AmazingCharts.com are not authorized
AmazingCharts.com spokespersons, and their views do not necessarily
reflect those of AmazingCharts.com.
11.
COPYRIGHT
The entire contents of AmazingCharts.com and the
Amazing Charts software are copyrighted as a collective work under
the laws of United States and other copyright laws. AmazingCharts.com
holds the copyright in the collective work. The collective work
includes works which are the property of the Information Providers
which are also protected by copyright and other intellectual property
laws. You may display and, subject to any expressly stated restrictions
or limitations relating to specific material, download portions
of the material from the different areas of AmazingCharts.com solely
for your own non-commercial use, unless otherwise permitted (e.g.,
in the case of electronic coupons, etc). Any redistribution retransmission
or publication of any copyrighted material is strictly prohibited
without the express written consent of the copyright owner. You
agree not to change or delete any proprietary notices from materials
downloaded from AmazingCharts.com.
12.
LICENSES AND IDEA SUBMISSIONS
You agree to grant to AmazingCharts.com a non-exclusive, worldwide,
royalty-free, perpetual license, with the right to sublicense, to
reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new
or improved products or services) you submit to public areas of
AmazingCharts.com (such as BBSs, forums and chat rooms) by all means
and in any media now known or hereafter developed. You hereby waive
your moral rights in any such materials and information, and you
hereby warrant that any such materials and information are original
with you, or that you have the right to submit such materials and
information. You agree that you shall have no recourse against AmazingCharts.com
for any alleged or actual infringement or misappropriation of any
proprietary right in your communication to us.
13.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AMAZINGCHARTS.COM,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS
AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND
COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM
ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR
ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE
INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY
YOU OR ANY OTHER PERSON ACCESSING AmazingCharts.com USING YOUR SERVICE
ACCOUNT.
14.
WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER AMAZINGCHARTS.COM, NOR ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE
ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY
IN CONNECTION WITH YOUR USE OF AMAZINGCHARTS.COM. YOU HEREBY RELEASE
AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST AmazingCharts.com,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS
OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE
NEGLIGENCE OF EMPOWER HEALTH CORPORATION, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES
OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF AMAZINGCHARTS.COM.
NOTWITHSTANDING
THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF AmazingCharts.com,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS
AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE
FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE
PROVIDED. IN NO EVENT SHALL EMPOWER HEALTH CORPORATION, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS
BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT
REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE
INFORMATION OR OTHER PARTS OF AmazingCharts.com's Community ARE
HEREBY EXCLUDED EVEN IF AmazingCharts.com ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.
THIRD PARTY RIGHTS
The provisions of paragraphs 14 (Indemnification) and 15 (Waiver,
Release and Limitation of Liability) are for the benefit of AmazingCharts.com
and its officers, directors, employees, agents, licensors, suppliers,
and Information Providers. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly
against you on its own behalf.
16.
TERM; TERMINATION
Either you or AmazingCharts.com may terminate your right to
use AmazingCharts.com at any time, with or without cause, upon notice.
AmazingCharts.com also reserves the right to terminate or suspend
your AmazingCharts.com membership without prior notice, but AmazingCharts.com
will confirm such termination or suspension by subsequent notice.
The provisions of paragraphs 11 (Copyright), 12 (License, and
Idea Submission), 13 (Indemnification), 14 (Waiver, Release
and Limitation of Liability), 15 (Third Party Rights), 17 (Miscellaneous),
and 20 (Total Legal Bullshit Provision) shall survive any termination
of this Agreement.
17.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance
with the laws of the State of Rhode Island. You agree that any legal
action or proceeding between AmazingCharts.com and you for any purpose
concerning this Agreement or the parties’ obligations hereunder
shall be brought exclusively in a court of competent jurisdiction
sitting in Washington County, Rhode Island, United States. Any cause
of action or claim you may have with respect to AmazingCharts.com
must be commenced within one (1) year after the claim or cause of
action arises. AmazingCharts.com’s failure to insist upon or
enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall
act to modify any provision of this Agreement. AmazingCharts.com
may assign its rights and duties under this Agreement to any party
at any time without notice to you.
18.
NOTICE
AmazingCharts.com may deliver notice to you under this Agreement
by means of electronic mail, a general notice on AmazingCharts.com
, or by written communication delivered by first class U. S. mail
to your address on record in AmazingCharts.com’s account information.
In addition, as noted above, we may modify this agreement from time
to time. Posting of these modifications on this page will suffice
to notify you, and by using this site, you agree that you will review
this site regularly for updated information. You may give notice
to AmazingCharts.com at any time via electronic mail to AmazingCharts.com
or by letter delivered by first class postage prepaid U. S. mail
or overnight courier to the following address:
Jonathan
Bertman, MD
AmazingCharts.com, Inc.
610 Ten Rod Rd, #2
North Kingstown, RI 02852
Attn:
Chief Executive Officer/President
Electronic Mail: feedback@AmazingCharts.com
19.
SEVERABILITY
The provisions of this Agreement are severable, and in the event
any provision hereof is determined to be invalid or unenforceable,
such invalidity or unenforceability shall not in any way affect
the validity or enforceability of the remaining provisions hereof. |
