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MGMA STARKCOMPLIANCE WEB SITE, STARKCOMPLIANCE PLUS AND STARK COMPLIANCE SOLUTIONS
TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

This user agreement ("Agreement") governs your use of the information and tools on the Medical Group Management Association ("MGMA") www.starkcompliance.com Web site including any related services or information offered in the StarkCompliancePlus package (collectively the "Site").

BY USING THE SITE AND/OR CLICKING THE "ACCEPT" BUTTON, YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL APPLICABLE LAWS, WITHOUT LIMITATION OR QUALIFICATION. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE PRESS THE "REJECT" BUTTON AS MGMA IS UNWILLING TO ALLOW YOU TO USE OR ACCESS THE SITE (INCLUDING WITHOUT LIMITATION ANY OTHER PRODUCTS OR INFORMATION PROVIDED THROUGH STARKCOMPLIANCEPLUS), IN WHICH EVENT YOU SHOULD CONTACT MGMA WITHIN THIRTY DAYS AND YOUR MONEY WILL BE REFUNDED.

TERMS AND CONDITIONS

1. General Terms of Use; User Accounts.

Subject to the rights and obligations set forth within this Agreement, MGMA grants you a limited, personal, nonexclusive, nontransferable license to use the Site.

You acknowledge and agree that no client, advisory, fiduciary, or professional relationship is implicated or established between you and MGMA and that MGMA is not engaged in auditing, accounting, financial, tax, legal, advisory, consultant, or any other professional service or advice. The information on this Site (including without limitation any information provided in the StarkCompliancePlus package) does not constitute and is no substitute for legal, accounting or other advice nor is it designed to serve as a chat room or online provider of legal or other advice. Subscribers and other users should consult their own legal, financial and other advisors for individualized guidance regarding the application of the Stark law to their particular situations, and in connection with other compliance-related concerns.

MGMA reserves the right to update or modify this Agreement at any time without prior notice. MGMA may do so by posting an updated or modified version of this Agreement on the Site. Your use of the Site following any such change indicates your agreement to follow and be bound by the Agreement as modified. For this reason, we encourage you to review this Agreement whenever you use this Site.

MGMA will issue you a username and password that may not be used by anyone else. You are entirely responsible for maintaining the confidentiality of your username and password. You must notify MGMA (contact information is provided below) if any of the information you provided to MGMA changes. You must notify MGMA immediately, of any known or suspected unauthorized use of your username and password or any other breach of security.

2. Other Services.

In addition to providing access to information and tools contained on the Site, as part of the StarkCompliancePlus, MGMA will from time to time, make a reasonable attempt to send broadcast faxes to the fax number you provide. MGMA, in its sole discretion, may send broadcast e-mails in lieu of a broadcast fax. You will have no recourse against MGMA in the event MGMA fails to provide, or you fail to receive, these additional services.

3. Restrictions on Use of Materials.
This Site contains material that is protected by domestic and international intellectual property laws. As between you and MGMA, MGMA (and/or its third party licensors) has sole and exclusive ownership of all right, title, and interest in and to the Site and any documentation for the Site, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets, and know-how). No material (including, but not limited to, the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that unless otherwise specified on the website with respect to particular materials you may (at any given time) only access one copy of the Materials from any single computer for your personal, non-commercial use only. Modification or use of the Materials for any other purpose is a violation of MGMA's or such other sources' copyright, trademark and other proprietary rights. The use of any such Materials on any other website or networked computer environment is prohibited without MGMA's express written consent. MGMA's name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of MGMA and its affiliates. You are not authorized to use any MGMA name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of MGMA. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this web site is strictly prohibited. MGMA reserves all legal rights and remedies available to it.

4. Restrictions on Use of the Site.

You agree to abide by all applicable laws and regulations, and agree not to do any of the following while using the Site:

  • interfere with or disrupt networks connected to the Site or violate the regulations, policies or procedures of such networks;
  • attempt to gain unauthorized access to the Site, other accounts, computer Sites or networks connected to the Site, through password mining or any other means;
  • interfere with another User's use and enjoyment of the Site;
  • transmit any message, information, data, text, software, graphic files or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable;
  • transmit Content that contains a virus, corrupted file, or other harmful component;
  • impersonate any person or entity, including but not limited to MGMA personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity or post or transmit any content under a fictitious name;
  • post or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (including but not limited to nondisclosure agreements);
  • post or transmit any information or grant permissions to view information to any person in a manner which exceeds your contractual or other legal authority;
  • post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," contests, surveys, or any other form of solicitation (commercial or non-commercial);
  • intentionally or unintentionally violate or encourage or assist another to violate any applicable law or regulation in connection with your use or the other person's use of the Site; or
  • upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

5. Submissions and Feedback.

MGMA welcomes comments and questions regarding the Site or the Materials. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") submitted to MGMA will be and remain the exclusive property of MGMA. Submission of any such Comments constitute an assignment to MGMA of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments, and you represent and warrant that you have the right to make such an assignment and that such Comments do not infringe any party's rights. MGMA will be entitled to use, reproduce, disclose, publish and distribute any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that nobody send us any Comments that are desired not be assigned to MGMA, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

6. Privacy Policy.

MGMA is sensitive to privacy issues with respect to the use of customer information provided to MGMA over the Internet. MGMA believes it is important for you to know how MGMA treats the information about you that is received by MGMA when you visit this Site. MGMA 's web servers collect domain names of those who visit the Site and record the pages you view. MGMA will use this information: to evaluate the use of MGMA'S Site; improve the content being provided on the Site; and for other purposes related to MGMA'S business. MGMA may combine the information gathered from the Site with other information it has in its possession. MGMA may share this information with MGMA's affiliates.

MGMA is under no obligation to monitor the material residing on or transmitted to the Site. However, anyone using the Site agrees that MGMA may periodically monitor the content of the Site to: (a) comply with any necessary laws, regulations or other governmental requests; (b) to operate the Site properly and to protect itself and its users; or (c) any other business purpose. MGMA reserves the right to modify, reject or eliminate any material residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of the law or these terms and conditions.

7. Links to Third Party Materials.

MGMA may provide links ("Links") to internet sites maintained by third parties. All Links to other sites found on the Site are publicly available on the World Wide Web and are provided solely for the convenience of users. Unless expressly stated otherwise, Links on the Site are not sponsored by, affiliated with, or the responsibility of MGMA and the owners of such Links are not affiliated with MGMA and do not sponsor or endorse MGMA's Site. MGMA has neither tested nor verified the content, accuracy, or opinions expressed on any Links on the Site and disclaims any warranty or liability for damages associated therewith, including, without limitation, computer viruses or any other damages to your computer as a result of your using such Links to third-party sites.

8. Site Availability; Functionality; Technical Support.

MGMA will use commercially reasonable efforts to make the Site available twenty-four hours a day, seven days a week. You acknowledge that from time to time the Site may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades; malfunctions; and causes beyond the control of MGMA or which are not reasonably foreseeable by MGMA, including the interruption or failure of telecommunication links, hostile network attacks or network congestion or other failures (collectively, "Downtime"). MGMA will use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the services in connection with Downtime, whether scheduled or not. MGMA reserves the right, from time to time, to modify the functions of the Site, to provide additional functions, and/or to remove existing functions. Although MGMA is under no obligation to provide any technical support, you may contact the MGMA Service Center Problems with log in, subscriber ID or other problems toll-free at (877) ASK-MGMA (275-6462), ext. 888, or e-mail service@mgma.com.

9. Fees; Payment; Termination.

You must pay MGMA a non-refundable (except as explicitly provided in this Agreement) "Fee" (currently $150/year for MGMA members and $495/year for all others) prior to using this Site. Your subscription will be active for one year, unless renewed or earlier terminated, as allowed herein. MGMA will invoice you for your renewal subscription prior to the termination of your existing subscription. In the event you fail to pay the renewal subscription your access to this Site, including without limitation all other products or information provided through Stark Compliance Solutions, will terminate at the expiration of your then current subscription. From time to time, MGMA may, in its sole discretion, change the Fee it charges for the renewal subscription.

MGMA may immediately terminate any rights granted under this Agreement if you breach any provision of this Agreement. In which event, you will have no right to a refund. MGMA also reserves the right to terminate all rights granted under this Agreement without cause at any time upon 90 days advance notice. If MGMA does so, MGMA will refund the applicable pro-rated portion of the Fees. Sections 3, 10, 11, 12 and 13 will survive termination.

10. Indemnification.

You agree to indemnify, defend and hold harmless MGMA, its affiliates, from and against any costs, liabilities, losses and expenses (including but not limited to, reasonable attorney's fees) resulting from any claim, suit, action or proceeding which are related to or arise out of the breach of any representation, warranty or obligation contained in this Agreement or which are related to or arise out of your use of the Site.

11. Disclaimers of Warranties.

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. MGMA MAKES NO WARRANTIES AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILTIY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. MGMA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. MGMA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE MGMA NETWORK AND OTHER PORTIONS OF THE INTERNET. AT TIMES, ACTIONS OR INACTION OF THIRD PARTIES CAN IMPAIR OR DISRUPT MGMA OR YOUR CONNECTION TO THE INTERNET.

You acknowledge and agree that MGMA is not responsible for the timeliness, misdelivery, deletion or failure to store any information uploaded (or attempted to be uploaded) by you or any other user. MGMA makes no warranty as to the accuracy or completeness of the information and services provided through the Site or the results of your use of the Site. It is your responsibility to evaluate the accuracy, completeness and usefulness of all information obtained or provided through the Site.

12. Limitations of Liability.

MGMA IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE OR SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MGMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, MGMA'S SOLE AND EXCLUSIVE LIABILITY TO LICENSEE UNDER THIS AGREEMENT IS LIMITED TO A REFUND OF THE FEES PAID HEREUNDER FOR THE 12 MONTH PERIOD PRIOR TO THE TIME WHEN THE CLAIM FIRST AROSE.

13. Governing Law; Jurisdiction; Venue.

This Agreement shall be construed solely in accordance within the internal laws of the State of Colorado, without giving effect to principles of conflicts of laws. Any actions, proceedings or suits concerning or relating to this Agreement may only be brought in a court of competent jurisdiction in Arapahoe County, Colorado, or in the U.S. District Court for the District of Colorado in Denver, and each party hereby consents to the jurisdiction and venue of such court, and waives any objections thereto.

14. Severability.

If any provision of this Agreement is determined to be unlawful, void, or for any reason unenforceable then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

15. Waiver.

The failure of a Party to exercise the rights granted to it hereunder upon the occurrence of any default or breach shall not constitute a waiver of any such right upon a reoccurrence of the same or a similar breach of default or the occurrence of any other default or breach.

16. Notices.

Any notice, request or communication required or provided to be given under this Agreement shall be in writing and shall be sufficiently given and shall be deemed given when delivered personally or, if mailed by certified or registered mail, return receipt requested, postage prepaid, then three days after such mailing, or, when transmitted by facsimile, then one day after a confirmation of the facsimile transmission is produced by the sending facsimile machine or, if transmitted via the Site, upon receiving confirmation from the Site that the message was accepted. Any such notice, request or communication shall be addressed as follows:

To MGMA:
Medical Group Management Association
104 Inverness Terrace East
Englewood, CO 80112-5306
Telephone: toll-free (877) ASK-MGMA (275-6462)
Fax: (303) 643-4439
Fax-on-demand: toll-free (877) FAX-MGMA (329-6462)

To you:
To the address on record with MGMA

 
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