Codapedia™ Terms of Use
By using Codapedia.com you are agreeing to be bound by and follow the most recent version of these Terms of Use (the “Terms”) and Codapedia™’s Privacy Policy, a copy of which can be found at www.codapedia.com/privacy (the “Privacy Policy”) and which is incorporated by reference into these Terms of Use.
In these Terms of Use, Codapedia™ refers to the company, Codapedia™ LLC., the Web site located at www.codapedia.com (the "Site"), the Public Areas (as defined below), and the Codapedia™ site. You (the “User”) signify that you have read, understand and agree to be bound by these Terms whether or not you are a registered Codapedist or User of Codapedia™. If you do not agree to these Terms, please do not view, access, contribute to, use, or download content from Codapedia™. You must be at least 13 years old to use the Codapedia™. You must be at least 18 years old to be a Codapedist (as defined below).
The Information on Codapedia™ is not Medical Advice
Codapedia™ does not provide medical advice. The information on Codapedia™ whether in the Codapedia™ site or Public Areas, including text, images, video, graphics, community communications and other information, whether provided by Codapedia™ or by its users or Codapedists, (all such information, collectively, the “Content”), does not constitute medical advice of any kind, and is not intended to be, and should not be, used to diagnose or identify treatment for a medical condition. The Content should never be used in place of the advice of your physician or other medical professional, and your use of the Codapedia™ Site indicates your agreement not to do so. Nothing on the Site or included as part of Codapedia™, should be construed as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
Codapedia™ is intended as an educational resource for you to learn about coding and reimbursement for medical services. There is absolutely no assurance that any statement contained or cited in the Content is true, correct, precise, or up-to-date. Even if a statement made about medicine is accurate, it may not apply to you or your situation.
Codapedia™ does not recommend or endorse any treatment, institution, product, consultant, professional, physician, procedure, test, opinion or other information that may be mentioned on Codapedia. By using the Codapedia™ Site, you understand and agree that the Content is written and monitored in a collaborative effort by a large community of people that are neither employees of Codapedia™ nor controlled by Codapedia™ and the Content is constantly changing. Codapedia™ does not validate or otherwise endorse the Content, nor does it validate the credentials of the people contributing to the Site. The Content and the use of the Content by you does not create a doctor-patient relationship between you and any of the Members of Codapedia™. The Site may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
General Disclaimer
Codapedia™ MAKES NO GUARANTEE OF VALIDITY
“Codapedia” is an online open-content collaborative medical coding resource, that it, a voluntary association of individuals and groups working to develop a common resource of human knowledge. The structure of the project allows anyone with an Internet connection to alter its content. Please be advised that nothing found here has necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information.
That is not to say that you will not find valuable and accurate information in Codapedia™ ; much of the time you will. However, Codapedia™ cannot guarantee the validity of the information found here. The content of any given article may recently have been changed, vandalized or altered by someone whose opinion does not correspond with the standards of knowledge in the relevant fields.
No Formal Peer Review
Codapedia™ is not uniformly peer reviewed; while Editors may correct errors or engage in casual peer review, they have no legal duty to do so and thus all information read here is without any implied warranty of fitness for any purpose or use whatsoever. Even articles that have been vetted by informal peer review or article posting processes may later have been edited inappropriately, just before you view them.
None of the Founding Panel Members, Editors, Codapedists, Sponsors, Administrators, or anyone else connected with Codapedia™ in any way whatsoever can be responsible for the appearance of any inaccurate or libelous information for either your use of the information contained in or linked from these web pages.
Codapedia™ is not responsible should someone change, edit, modify or remove any information that you may post on Codapedia™.
Trademarks
Any of the trademarks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited in the articles on Codapedia™ are the property of their respective owners. Their use here does not imply that you may use them for any other purpose other than for the same or a similar informational use as contemplated by the original authors of these Codapedia™ articles under the GFDL licensing arrangement. Unless otherwise stated, the Site and Codapedia™ are neither endorsed nor affiliated with any of the holders of any such rights and as such Codapedia™ cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk.
Not Professional Advice
If you need specific advice (for example medical, legal, financial, or risk management) please seek a professional who is licensed or knowledgeable in that area.
To Contribute to the Codapedia™ as a "Codapedist" You Will Need to Register
In order to be a Codapedist and contribute to the Codapedia™ site, you must register with this site and been approved by the Codapedia™ community to contribute to the Codapedia™ site (a Codapedist). In order to become a Codapedist, you must follow the registration instructions on the Site and enter your name, so that users will know who you are. Your email address and your choice of a unique username and password competes the Codapedist registration process. We ask that you take the extra step of completing a more detailed profile where you can post a photo of yourself, provide your bio, degrees and certifications, title, and mailing address. You are fully responsible for all activities conducted using your username and password, including your interactions with other Codapedists, whether within the Codapedia™ Site, and for any Content contributed to the Site using your Codapedist username and password.
You are also responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to the Site or your Codapedist Profile. You are prohibited from disclosing your password to another person, and from using the password or username of another Codapedist at any time. We encourage you to choose a strong password for your account and never share it. Your reputation as a Codapedist to the Site depends in large part upon history of your edits and contributions to the Site, a history of which is publicly available, and your password is the only security that your edit history remains exclusively yours and uncorrupted. You grant Codapedia™ and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Codapedia™ cannot and does not assume any responsibility or liability for any information you submit, or your third parties’ use or misuse of information transmitted or received using Codapedia™ tools and services.
Public Areas of Codapedia™
The Site includes public areas, such as forums and discussion pages and communities, where you may post Content and communicate with other Codapedists (the “Public Areas”). You are solely responsible for such communications and other Content and your use of any communications or other Content provided by other Codapedists is at your own risk. You agree not to impersonate any other person, or to communicate with other Codapedists in a manner which may imply that you are anyone other that yourself. If any communication or other Content causes you to feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. Codapedia™ has no obligation to mediate any disputes between you and any other party, including any parties you communicate with on the site.
Content You Contribute to Any Area of the Site
Codapedia™ reserves the right to remove any of Your Content at any time, without notice and for any reason or no reason, and to terminate any accounts containing or contributing Prohibited Content (as defined below). You understand and agree that Codapedia™ is under no obligation to display, reproduce, or distribute the Content that you post.
Submission to Codapedia™
You agree that you will not upload or transmit any communications or content of any type to Codapedia™ and the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any submission, you agree that you will not send or transmit to Codapedia™ by email, (including through forms on the “Contact Us” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Codapedia™ by email, you agree such submission is non-confidential for all purposes.
If you make any submission to Codapedia™ or to a Public Area or if you submit any business information, idea, concept or invention Codapedia™ by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Codapedia™ a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Codapedia™ may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts, or inventions private or proprietary, do not submit them to Codapedia™, the Public Areas or to Codapedia™ by email. We try to answer every email in a timely manner, but are not always able to do so.
Please Respect the Copyrights of Others
You represent and warrant that: (a) you own the content posted by you on the Site or otherwise have the right to grant the license set forth in these Terms, and (b) Your Content does not violate the privacy rights, publicity rights, Intellectual Property Rights (as defined below) or other rights of any person and (c) the Content you contribute is not used for the primary purpose of promoting your business.
Note that copyright protection covers the expression of ideas, not the ideas or information themselves. That means you are allowed to read a magazine article, encyclopedia or other work, recast the ideas in your own words, and submit it to Codapedia™. In those cases, however, you must cite the original source as a reference. Note that content on Codapedia™ must be both verifiable and previously published so source references are welcome and highly encouraged.
Codapedia welcomes only non-copyrighted information on the website. NEVER COPY AND PASTE FROM NEWSLETTERS (PRINT OR ELECTRONIC), JOURNAL OR MAGAZINE ARTICLES, BOOKS, ON-LINE SOURCES OR OTHER COPYRIGHTED SOURCES. This information is protected by U.S. Copyright law. If you wish to cite this information, you may post a brief quotation, with the citation. You may tell the reader where to find the complete article, for example, in the AAPC Coding Edge. Remember that CPT® codes are copyrighted, as is the Current Procedural Terminology 2009 book. CPT® is a registered trademark of the American Medical Association (AMA). It is permissible to use the codes and descriptions in articles, but it is not permissible to post a file with the complete list of CPT® codes or to quote extensively from the CPT Assistant or CPT® 2009 Changes: An Insider's View. Respect the law and the copyright of all newsletters and books, both those that you receive electronically and on paper.
Report copyright violations immediately! If you see an article that appears to be a reproduction of a copyrighted source, let us know right away. On the homepage of Codapedia™ there is a method of reporting copyright violations.
CODAPEDIA™ HAS A STRICT COPYRIGHT POLICY AND VIOLATORS TO THE POLICY WILL NOT BE PERMITTED TO CONTRIBUTE ADDITIONAL CONTENT.
Your License to Codapedia™
While Codapedia™ makes no claim of ownership with respect to Content you contribute to the Codapedia™ Service (“Your Content”), by providing Your Content you grant to Codapedia™ a worldwide, perpetual, royalty free and non-exclusive license to use, distribute, reproduce, modify, publicly perform and publicly display Your Content on the Codapedia™ Site.
User Submissions – Images, Video, Audio Files
You agree to only post or upload media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you may not wish to submit Personal Information. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind that contain Content of the type described below (Prohibited Content on Codapedia™) or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms the Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media like a photo or video, (a) you grant to Codapedia™ a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Codapedia™ to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Codapedia™ and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
Codapedia™ reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
Codapedia™ Content and Intellectual Property Rights
The Content, the Site and any associated software, and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Codapedia™ and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content except as expressly provided herein.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction, relating to the Content.
Codapedia’s License to You
Subject to your compliance with these Terms, Codapedia™ grants free access to the Content in Codapedia™, which is licensed to you and the public under the GNU Free Documentation License (GFDL). The Content may be copied, modified and redistributed so long as the new version grants the same freedoms to others and acknowledges the Codapedia™ Editor community as the author of the article. A prominent direct link back to the article satisfies this requirement.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Links to Codapedia™ Content
Subject to your compliance with these Terms, Codapedia™ hereby grants you a restricted, non-exclusive, and revocable license to use hyperlinks or otherwise refer to the Content (collectively, a “Link”), provided that (a) Links may not suggest or imply in any way that Codapedia™ promotes, sanctions or otherwise approves any Web site, organization, individual, product, service or information; (b) you do not misrepresent the Codapedia™ Service or your relationship with Codapedia; and (c) you may not include a Link on any Web site that that could be construed as, or that a reasonable person may consider obscene, offensive, or inappropriate. Codapedia™ reserves the right to require you to remove any Link at any time in Codapedia’s sole discretion.
Material Breach
In consideration of being allowed to use the Site, you agree that the following actions shall constitute a material breach of these Terms:
- Using the Site for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Codapedia™ in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying any or all Public Areas, the Codapedia™ Wiki and/or the Site, or which, in the judgment of Codapedia™, exposes Codapedia™ or any of its customers or suppliers to any liability or detriment of any type.
Codapedia™ reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public forums.
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user's access to any or all Public Areas, the Codapedia™ Wiki and/or the Site upon any breach of these Terms, including the above restrictions.
Codapedia™ or its licensors have no liability or responsibility to users of the Codapedia™ Site or any other person or entity for performance or nonperformance of the aforementioned activities
Geographic Disclaimer
Publication of information found in Codapedia™ may be in violation of the laws of the country or jurisdiction from where you are viewing this information. The Codapedia™ database is stored on a server in the United States of America, and is maintained in reference to the protections afforded under local and federal law. Laws in your country or jurisdiction may not protect or allow the same kinds of speech or distribution. Codapedia™ does not encourage the violation of any laws; and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce, or republish the information contained herein.
Access to the Site and content may not be legal for some persons or in some countries outside the United States. If you access and use Codapedia™ and the Content from outside of the United States, you do so at your own risk and are solely responsible for obeying the applicable laws and regulations in your location.
Third Party Web Sites
The Site may contain links or other references to third party Web sites that are not owned or controlled by Codapedia™. Codapedia™ does not endorse any product, service, or treatment advertised on the Site. Codapedia™ does not recommend and does not endorse the content on any third-party websites. Codapedia™ assumes no responsibility for the content or privacy policies of any such Web sites 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 and conditions of use for such sites. By using the Site, you expressly relieve Codapedia™ from any and all liability arising from your use of any third-party website.
Prohibited Content on Codapedia™
Prohibited Content includes content that: (i) is offensive or promotes racism, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, or “spamming,” (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) infringes another person's content without a license to do so, whether or not the intellectual property is registered (or filed for registration) in any country; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained content, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (vii) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (viii) provides instructional information about illegal activities such as, without limitation, making or buying illegal weapons or substances, violating someone's privacy, or providing or creating computer viruses and other harmful code; (ix) solicits passwords or personally identifying information for commercial or unlawful purposes from Users; (x) except as expressly approved in writing by Codapedia™, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xi) contains viruses, Trojan horses, worms, time bombs, corrupted files, or similar software; (xii) constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or (xiii) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Codapedia™, exposes or may expose Codapedia™, any of its licensors, Codapedists or suppliers, or any visitors to the Site to any liability or detriment of any type.
Violations of these Terms
Any use of the Codapedia™ Site in violation of these Terms may result in, among other things, termination of your rights to use the Site and the licenses granted in these Terms. To cooperate with legitimate legal requests, subpoenas or court orders, Codapedia™ may access and disclose any information and content Codapedia™ considers necessary, including any and all information such as full names, e-mail addresses, content, IP address, use history, etc.
Codapedia™ has the right (but not the obligation) to review any content and delete or change content that violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any other person, or create liability for Codapedia™, as determined by Codapedia™ in its sole discretion. Codapedia™ reserves the right (but has no obligation) to investigate and take appropriate action if you violate these Terms, including without limitation removing or modifying Content, terminating your account, reporting you to law enforcement authorities or taking legal action against you.
Copyright Violations
Codapedia™ will respond to notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated by any Codapedia™ Content and you want Codapedia™ to remove such Content from the Site, you must provide Codapedia™ with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
- Information reasonably sufficient to permit Codapedia™ to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to Codapedia's designated agent at:
Codapedia/Find A Code, LLC, 62 E 300 North, Spanish Fork UT 84660
In an effort to protect the rights of copyright owners, Codapedia™ maintains a policy for the termination, in appropriate circumstances, of Codapedists of the Site who are repeat infringers.
Risk Disclaimer
PLEASE BE AWARE THAT ANY INFORMATION YOU MAY FIND IN Codapedia™ MAY BE INACCURATE, MISLEADING, DANGEROUS OR ILLEGAL.
Some information on Codapedia™ may create an unreasonable risk for those users who choose to apply or use the information in their own activities or to promote the information for use by third parties.
None of the Founding Panel Members, Authors, Codapedists, Sponsors, Administrators, Vandals, or anyone else connected with Codapedia™, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages.
Please take all steps necessary to ascertain that any information you receive from Codapedia™ is correct and has been verified. Check the citations and references affiliated with the articles. Read the revision history to see if there are any outstanding disputes over the contents of the article. Double-check information with independent sources.
If an article contains suggestions regarding dangerous, illegal or unethical activities, remember that anyone can post this information on Codapedia™ . The authors may not be qualified to provide you with complete information or to inform you about adequate safety precautions or steps you can take to prevent injury, bodily damage, or other damages to your person, property or reputation. If you need specific advice (for example, medical, legal, risk management) please seek a professional licensed or knowledgeable in that area.
Codapedia™ is not uniformly peer reviewed; while users may correct errors or remove erroneous suggestions, they have no legal duty to do so, and thus all information read here is without any implied warranty of fitness for any purpose or use whatsoever.
DO NOT RELY UPON ANY INFORMATION FOUND IN CODAPEDIA™ WITHOUT INDEPENDENT VERIFICATION.
Release; Indemnification; Disclaimer of Warranties; Limitation of Liabilities and Sole Remedy
Release
As a condition of access to the Site, you release Codapedia™ (and Codapedia™’s stockholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors) from claims, demands and damages (actual and consequential) of every kind and nature (including but not limited to those arising out of bodily injury or death), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) any communication with any third party on the Site, (ii) your use of any Content, including any incorrect, misleading or inaccurate Content, or (ii) the conduct of any Member or visitor to the Site.
Indemnification
You agree to indemnify and hold Codapedia™ and its parent, subsidiaries, affiliates, suppliers, partners and licensors, and their employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Codapedia™ Site, any content you submit or otherwise make available through the Codapedia™ Site, your use or distribution of any Codapedia™ Content, or your violation of these Terms or of any rights of a third party.
Disclaimer of Warranties
When using the Codapedia™ Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Codapedia™ and its suppliers. Accordingly, Codapedia™ 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 Codapedia™ Site.
USE of the Codapedia™ Site is at your discretion and at your own risk. The Codapedia™ Site, content, other information and software ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, and without representation or warranties of any kind, whether express, implied or statutory, INCLUDING without limitation any IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Codapedia™ and its licensors do not warrant that the Codapedia™ Site will meet your requirements; that the quality of any content will be acceptable; that the results from the use of the Codapedia™ service will be accurate or reliable; or that the site will be available on a regular ongoing basis. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Codapedia™ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, INFORMATION OR ADVICE RECEIVED THROUGH, ADVERTISED OR OFFERED BY ANY PARTY THROUGH THE CODAPEDIA™ SERVICE OR ANY LINKS INCLUDED IN THE CODAPEDIA™ SERVICE.
Without limiting the foregoing, Codapedia™, 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 Codapedia™ Site.
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.
Limitation of Liability
IN NO EVENT SHALL CODAPEDIA™, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM YOUR USE, MISUSE OR RELIANCE UPON ANY CODAPEDIA™ SITE OR DAMAGES RELATED TO OTHER SERVICES, GOODS, INFORMATION OR ADVICE RECEIVED THROUGH THE CODAPEDIA™ SITE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CODAPEDIA™, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Sole Remedy
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE CODAPEDIA™ SERVICE OR THESE TERMS OF SERVICE, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE CODAPEDIA™ SERVICE.
Termination
You acknowledge and agree that Codapedia™ may, without notice and for any reason, including but not limited to any violation of these Terms, terminate your Codapedia™ account, any related email address, and your access to the Codapedia™ Site.
Miscellaneous Provisions
You agree that:
* these Terms and the Codapedia™ Privacy Policy will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to its conflict of laws provisions;
* all matters regarding to your access to and use of Codapedia™ and these Terms are governed by U.S. federal law and the laws of Maryland;
* you expressly agree that exclusive jurisdiction for any dispute with Codapedia™, or in any way relating to your use of the Codapedia™ Site, resides in the courts located within the county of Baltimore County, Maryland and you further agree and expressly consent to the exercise of personal jurisdiction in the courts located within the county of Baltimore County, Maryland in connection with any such dispute including any claim involving Codapedia™ or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
- these Terms constitute the entire agreement between you and Codapedia™ with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter;
- the Site shall be deemed a passive Web site that is solely based in the U.S.A. and that your use thereof does not give rise to personal jurisdiction over Codapedia™, either specific or general, in jurisdictions other than the United States;
- if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect; and
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