Terms of Use
The Site (the “Site”) is operated by H360ventures, LLC, doing
business as ICD-10Today (“ICD-10Today”), and any text, graphics,
images, information obtained from ICD-10Today's licensors, and other material
contained of the Site ("Content") are for informational purposes
only.
These Terms of Use may include additional specific terms of use or disclaimers
that are posted on our website concerning specific Content, applications,
or other items made available to you. We may modify, replace, refuse access
to, suspend or discontinue the Site, or change these Terms of Use or any
other terms concerning the Site at any time and from time to time. Any change
will be effective ten (10) days after we post notice of the change at www.ICD-10Today.com,
or we otherwise notify you directly by electronic mail.
YOUR USE
ICD-10Today authorizes you to view or download a single copy of the material
on the Site solely for your personal, noncommercial use if you include all
copyright and proprietary rights notices that are contained in the Content.
You may not, however, use any scraper, spider, crawler, or other technology
used to harvest data. In addition, you will not frame the Site, or otherwise
attempt to co-brand the Content of the Site. We grant you no other rights,
implied or otherwise, and reserve all rights not expressly granted under
these Terms of Use including, without limitation, any right to copy, distribute,
or create derivative works of, any Content, or use any trademarks or service
marks of ICD-10Today or any of its suppliers. Any Content (as defined below)
accessible within the Site is owned by ICD-10Today or its suppliers. Any
special rules for the use of certain software and other items accessible
on the Site may be included elsewhere within the Site and are incorporated
into these Terms and Conditions by reference.
Title to the Content remains with ICD-10Today or its licensors. All rights
not expressly granted herein are reserved to ICD-10Today and its licensors,
and no rights shall arise by implication, estoppel, or otherwise.
ICD-10Today and its users may include or automatically produce links to
third party web sites (“Third Party Sites”). ICD-10Today is
not responsible for, and does not endorse any advertising, products, or
other materials or content on or available from Third Party Sites. We may
also include Content or items belonging to or originating from third parties
(the "Third Party Materials"). If you decide to leave the Site
and access the Third Party Sites or use or install any Third Party Materials,
you do so at your own risk and you should be aware that these terms and
policies may no longer govern. You should review the applicable terms and
policies, including privacy and data gathering procedures, of any site to
which you navigate from the Site or relating to any applications you use
or install from the Site.
If you violate any of these Terms of Use, your permission to use the Content
automatically terminates and you must immediately destroy any copies you
have made of any portion of the Content.
What You May Not Do: As a condition to using the Site, you may not do any
of the following:
- duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit ICD-10Today, except for any Content posted by you, and except as permitted in this Agreement;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide any part of the Site;
- use intellectual property of ICD-10Today, or any other user’s Content, to adapt, modify or create derivative works based on such intellectual property or Content;
- rent, lease, loan, trade, sell/re-sell access to the Site or any Content, except Content posted by you;
- except for publicly available discussion forum pages on the site, deep-link to the Site for any purpose, (i.e. include a link to a web page on the Site other than the Site’s home page);
- use automated methods to add contacts, send messages or other permitted activities;
- attempt to or actually override any security component included in or underlying the Site;
- use any ICD-10Today application to send any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to people who don’t know you or who are unlikely to recognize you as a known contact;
- send any software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of H360 or any user of the Site; or
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Site.
LIABILITY OF ICD-10TODAY AND ITS LICENSORS.
The use of the Site and the Content is at your own risk. When using the
Site, information will be transmitted over a medium that may be beyond the
control and jurisdiction of ICD-10Today and its suppliers. Accordingly,
ICD-10Today assumes no liability for or relating to the delay, failure,
interruption, or corruption of any data or other information transmitted
in connection with use of the Site.
THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. ICD-10TODAY,
ITS LICENSORS, AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHT, FITNESS
FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF CONDUCT. Without
limiting the foregoing, ICD-10Today, its licensors, and its suppliers make
no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site or ICD-10Today.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS PARAGRAPH, IN NO EVENT SHALL ICD-10Today,
ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE
BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR
DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM
THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
ICD-10TODAY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ICD-10TODAY AGGREGATE
LIABILITY TO YOU FOR ANY AND ALL CLAIMS SHALL BE THE LESSER OF ACTUAL DAMAGES
INCURRED BY YOU OR $100.00. ICD-10TODAY IS NOT LIABLE FOR ANY PERSONAL INJURY,
INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE, CONTENT, OR PUBLIC
AREAS (AS DEFINED BELOW).
Any claims arising in connection with your use of the Site, or any Content
must be brought within one (1) year of the date of the event giving rise
to such action occurred. Remedies under these Terms of Use are exclusive
and are limited to those expressly provided for in these Terms of Use.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
ICD-10Today may select certain sites as priority responses to search terms
you enter and may agree to allow advertisers to respond to certain search
terms with advertisements or sponsored content. ICD-10Today does not recommend
and does not endorse the content on any third-party websites. ICD-10Today
is not responsible for the content of linked third-party sites, sites framed
within the Site, third-party sites provided as search results, or third-party
advertisements, and does not make any representations regarding their content
or accuracy. Your use of third-party websites is at your own risk and subject
to the Terms of Use for such sites. ICD-10Today does not endorse any product
advertised on the Site.
YOUR SUBMISSIONS
You may submit information to us, or anyone else using our site, at your
own risk. Before you submit any Content, you must consider and decide the
extent to which you wish to reveal information about yourself to us and
our community of users. You may not communicate to us or our users any information
which could be harmful to you.
You are subject to, and should carefully read, our privacy policy before
deciding to become a user of the Site. Certain Content which you may choose
to provide might, or is likely to, reveal your gender, ethnic origin, nationality,
religion, sexual orientation, or location. If you provide such Content to
those portions of the site accessible to users or other visitors, you consent
to it being revealed and used consistent with these Terms of Use and our
privacy policy.
You do not have to submit anything to us, but if you choose to submit any
Content, you grant, and hereby represent that you have all legal right and
power to grant, to us, and our successors and assigns, an irrevocable, perpetual,
nonexclusive, transferable, fully paid, royalty-free, worldwide license
(with the right to sublicense) to store, use, copy, publish, transmit using
any form of communication or display, publicly perform, reformat, translate,
excerpt (in whole or in part), prepare derivative works of, incorporate
into other works, distribute, and otherwise dispose of, such Content. Subject
to our privacy policy, our rights to your Content are for any purpose at
any time, commercial, advertising, or otherwise, on or in connection with
ICD-10Today or the Site or promotion of either, and we may grant and authorize
sublicenses of any of the rights you have granted to us. You specifically
waive any residual or moral rights you may have in any Content you provide
including, without limitation, any rights of attribution or integrity. Among
other things, this license survives even if your Content is removed by you
or anyone else from ICD-10Today. We may remove your Content at any time,
for any reason or no reason.
You expressly authorize ICD-10Today to modify said content in order to conform
to the interface or display requirements of the Site or of other communications
media as set forth above, and/or to render them compatible with its technical
performance or media format in question. These rights are granted throughout
the world and for the entire term of this Agreement. You are prohibited
from copying, reproducing or otherwise using the content relating to other
users of the Site for any purpose other than for those purposes strictly
related to use of the Site for personal purposes.
We do not exercise any control over any Content you or others submit while
using the Site, and we make no representations or warranties concerning
any Content including, without limitation, its accuracy, or whether we are
complying with any requirements that may be imposed on you or our other
users concerning the Content. We have no obligation to verify the identity
of any Users when they are connected to the site, or to remove or store
any Content for any reason. Nothing we do in responding to any User communications
concerning Content, or editing or removing any Content, shall give rise
to any obligation on us concerning any Content. Should you believe that
someone is misusing or otherwise appropriating your information, you must
immediately inform ICD-10Today.
The Site may include various forums, blogs, and chat rooms where you can
post your observations and comments on designated topics. ICD-10Today cannot
guarantee that other users will not retain or use any of the Content you
share. Therefore, if you have an idea or information that you would like
to keep confidential and/or don’t want others to retain or use, do
not post it on the Site. ICD-10Today IS NOT RESPONSIBLE FOR YOUR, OR ANY
OTHER USER’S, POSTING, USE, MISUSE, OR MISAPPROPRIATION OF ANY CONTENT
OR INFORMATION POSTED IN ANY FORUMS, BLOGS, OR CHAT ROOMS.
INDEMNITY
You will indemnify ICD-10Today and agree to hold us, and our owners, managers,
employees, and agents, and their respective successors and assigns, harmless
from any and all damages, losses and costs (including, but not limited to,
reasonable attorneys’ fees) related to third party claims, charges
or investigations, caused by (a) your failure to comply with this Agreement,
including, without limitation, any Content you submit that violates third
party rights or applicable laws, (b) any Content you submit to the Site
or ICD-10Today, (c) your use or reliance on any Content posted on the Site,
or (d) any activity in which you engage on or through the Site.
CLAIMS REGARDING COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, H360ventures, LLC has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide H360ventures, LLC’s Copyright Agent the following information:
- 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;
- 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; and
- 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.
ICD-10Today’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by mail at this address:
H360ventures, LLC
Attention: Copyright Agent
405 El Camino Real, #331
Menlo Park, CA 94025
Upon receipt of the written notification containing the information as outlined
in 1 through 6 above:
- ICD-10Today may remove or disable access to the material that is alleged to be infringing;
- ICD-10Today may forward the written notification to such alleged infringer; and
- ICD-10Today may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
Counter-Notification:
If the alleged infringer believes that a notice of copyright infringement
has been wrongly filed against it and it would like to submit a counter-notification,
it may file a Counter-Notification in Response to Claim of Copyright Infringement
with ICD-10Today’s Copyright Agent.
To be effective, a Counter-Notification must be a written communication
provided to the ICD-10Today’s Copyright Agent for Notice that includes
the following information:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which H360 may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
- ICD-10Today may promptly provide you with a copy of the Counter-Notification;
- ICD-10Today may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
- ICD-10Today may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided ICD-10Today’s Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on ICD-10Today’s network or system.
You may want to seek the advice of independent legal counsel before filing
a notification or counter-notification.
GENERAL
ICD-10Today is based in Menlo Park, CA, in the United States of America. ICD-10Today makes no claims that ICD-10Today Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this
Agreement for any reason whatsoever: Liability of
and its Licensors, Your Submissions, Indemnity, General, Jurisdiction, and
Complete Agreement.
JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute with ICD-10Today,
or in any way relating to your use of the Site, resides in the courts of
the State of California and you further agree and expressly consent to the
exercise of personal jurisdiction in the courts of the State of California
in connection with any such dispute including any claim involving ICD-10Today
or its affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers, and content providers.
These Terms of Use are governed by the internal substantive laws of the
State of California, without respect to its conflict of laws principles.
If any provision of these Terms of Use is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of Use, which
shall remain in full force and effect. No waiver of any of these Terms of
Use shall be deemed a further or continuing waiver of such term or condition
or any other term or condition.
COMPLETE AGREEMENT.
Except as expressly provided in a particular "legal notice" on
the Site, these Terms of Use and the ICD-10Today Privacy Policy and Agreement
constitute the entire agreement between you and with respect to the use
of the Site, and Content.
Effective: August 2011