Terms of Use
Welcome to the Medical Coding Pro Membership website
(the “Site”), which is owned and operated by Zach’s
Sport Shack LLC. Please carefully review these Terms of
Service (”TOS” or “Agreement”), which are legally
binding on you. This Agreement governs your use of the
Site and all related content, software and services,
including affiliated websites, content, software, or
services owned or provided by Zach’s Sport Shack LLC
(collectively, the “Services”).
By signing up for, using, visiting, browsing, or logging
in to the Services you accept and agree to be bound by
this Agreement. Some Services may be subject to
additional conditions. Your participation in the
Services is dependent upon acceptance of all conditions
stated or referenced in the Agreement. If you do not
wish to be bound by this Agreement, do not accept the
Agreement and discontinue using and accessing Services
immediately.
CHANGES TO TERMS
Zach’s Sport Shack LLC reserves the right, in its
discretion, to change or replace this Agreement at any
time. Such changes will be effective immediately upon
publication of the modified or new Agreement on the
Site. Zach’s Sport Shack LLC will endeavor to provide
registered users with notice of any material change to
this Agreement, by posting a notice on the Site and/or
delivering registered users an e-mail to the current
e-mail address on file. If at any time any part of this
Agreement is unacceptable to you, you should immediately
terminate use of the Services.
REGISTRATION INFORMATION
As a condition to using certain Services, you must
register on the Site and select a user name and password
(”User ID”). You represent and warrant that you have
provided and that you will provide Zach’s Sport Shack
LLC with accurate, complete, and updated registration
information. In the event that any of your registration
information changes in the future, you will promptly
update your registration information on the Site.
Failure to provide accurate, complete, and updated
registration information shall constitute a breach of
this Agreement, which may result in immediate
termination or suspension of your account. You are
solely responsible in all respects for: (a) all use of
the Site made using your User ID, and (b) maintaining
the confidentiality of your User ID.
Only one individual may access the Site at the same time
using the same User ID. You agree to notify us
immediately of any unauthorized use of your email
address or User ID or any other breach of security
regarding the Site of which you are aware.
CPT® CONTENT AVAILABLE IN MEDICAL CODING PRO MEMBERSHIP
Any part of the Services or the Site that include access
to CPT® content is bound by the terms of this Section
IV. The CPT® content is copyright 2008 American Medical
Association. All rights reserved.
Fee schedules, relative value units, conversion factors
and/or related components are not assigned by the AMA,
are not part of CPT®, and the AMA is not recommending
their use. The AMA does not directly or indirectly
practice medicine or dispense medical services. The AMA
assumes no liability for data contained or not contained
herein.
The responsibility for the content of any “National
Correct Coding Policy” included in the Services is with
the Centers for Medicare and Medicaid Services and no
endorsement by the AMA is intended or should be implied.
The AMA disclaims responsibility for any consequences or
liability attributable to or related to any use, nonuse
or interpretation of information contained in this
product.
CPT® is commercial technical data and/or computer data
bases and/or commercial computer software and/or
commercial computer software documentation, as
applicable, which was developed exclusively at private
expense by the American Medical Association, 515 North
State Street, Chicago, Illinois, 60610. U.S. Government
rights to use, modify, reproduce, release, perform,
display, or disclose these technical data and/or
computer data bases and/or computer software and/or
computer software documentation are subject to the
limited rights restrictions of DFARS 252.2277015(b)(2)
(November 1995) and/or subject to the restrictions of
DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a)
(June 1995), as applicable, for U.S. Department of
Defense procurements and the limited rights restrictions
of FAR 52.227-14 (June 1987) and/or subject to the
restricted rights provisions of FAR 52.227-14 (June
1987) and FAR 52.227-19 (June 1987), as applicable, and
any applicable agency FAR Supplements, for
non-Department of Defense Federal procurements.
USE OF SERVICES AND CONTENT
Zach’s Sport Shack LLC grants you, according to your
subscription level and account standing, the
non-exclusive, limited right, with a standard web
browsing program (”Browser”) not supplied by Zach’s
Sport Shack LLC, to use the Services and the text,
information, software, images, media, and other material
contained on or made available in connection with the
Services (collectively, the “Content”), all for your own
personal use. You may not share your access to or
distribute Content to others without the prior written
permission of Zach’s Sport Shack LLC.
You may download or copy the Content only for your own
individual use, and further provided that you maintain
all copyright and other notices contained in such
Content. You shall not store electronically any portion
of any Content, except as may be temporarily stored by
your Browser in its ordinary operation. Except as may be
expressly permitted by U.S. copyright laws, no copying,
storage, redistribution or publication of any Content is
permitted without the express prior written permission
of the owners of such Content.
You agree to access the Site or Services only through
the interface that is provided by Zach’s Sport Shack LLC
for use in accessing the Site. You agree not to use any
automated means, including but not limited to agents,
robots, scripts, spiders, and screen scraping tools, to
access, monitor, download or copy any part of the Site
or its Content, unless Zach’s Sport Shack LLC has
provided prior written consent.
You acknowledge that the Site, Services and Content are
protected by trademark, copyright, and other proprietary
rights of Zach’s Sport Shack LLC, its affiliates or
third party licensors. You agree to comply with any
additional copyright notices, information, or
restrictions applicable to any Content available on or
accessed through the Services.
You may not modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute,
perform, display, or in any way exploit, any of the
Content, in whole or in part, except as expressly
permitted in this Agreement. Content consisting of or
containing downloadable software may not be reverse
engineered unless specifically authorized by its
proprietor.
SUBSCRIBER’S CONTENT
You grant to Zach’s Sport Shack LLC the irrevocable,
worldwide right to edit, copy, publish, distribute,
translate and otherwise use any Content that you place
on the Services or email to Zach’s Sport Shack LLC
employees or its affiliates, in any medium. You
represent and warrant that you are authorized to grant
all rights set forth in the preceding sentence.
Zach’s Sport Shack LLC does not and cannot review
material submitted to the Services by subscribers
(”Subscriber’s Content”) and is not responsible for such
Subscriber’s Content. However, Zach’s Sport Shack LLC
reserves the right to cancel your access to content
areas and/or delete, move, modify, or edit any
Subscriber’s Content, including messages posted in any
forum or blog, that it may determine, in its sole
discretion, violates this Agreement. You are and shall
remain solely responsible for all Subscriber’s Content
posted by you or by another person using your account.
Zach’s Sport Shack LLC does not represent or endorse the
accuracy or reliability of any Subscriber’s Content
displayed, uploaded, posted on any message board, or
otherwise distributed through the Services. Zach’s Sport
Shack LLC expressly disclaims any liability related to
Subscriber’s Content, and you acknowledge that any
reliance by you upon such Subscriber’s Content shall be
at your own risk.
RULES OF CONDUCT
You agree that you will not, directly or indirectly,
perform or assist in any of the following actions as
they relate to the Website or Services:
* Engage in or facilitate any illegal activity;
* Damage or disrupt performance of any computer, system
or network used to provide the Services;
* Interfere with other users;
* Data mine, store, or collect our Content or personal
information about other users;
* Circumvent or compromise security or authentication
associated with any Services;
* Modify or attempt to compromise any Content;
* Post, email, or distribute any inappropriate,
unlawful, defamatory, libelous, harassing, indecent, or
obscene content;
* Post, email, or distribute files that contain viruses,
malware, Trojans, spyware, or other harmful files or
corrupted data;
* Violate the rights of others, such as infringing any
copyright, trademark, patent, or trade secret;
* Impersonate any person or entity or misrepresent your
affiliation with any person or entity;
* Resell use of the Services or access to the Services;
* Solicit subscribers or community members to join other
online information services that are competitive with
Services; or
* Use the Services for any commercial purpose, including
advertising or solicitation of funds or goods and
services.
SERVICES AND SYSTEM AVAILABILITY
Zach’s Sport Shack LLC uses reasonable efforts to
maximize system availability. Zach’s Sport Shack LLC
shall make a reasonable effort to correct any technical
difficulties that may arise with the Services; however,
Zach’s Sport Shack LLC does not guarantee that the
Services will be uninterrupted or error-free. Zach’s
Sport Shack LLC is not responsible for any technical
difficulties resulting from the World Wide Web, Internet
access, computer hardware or software.
SUBSCRIPTIONS AND TERMINATION OF SERVICES
Zach’s Sport Shack LLC may change, suspend, or
discontinue all or any aspect of the Services at any
time, including the availability of any Service feature,
database, or content, without prior notice or liability.
Access to Services features may require an active paid
subscription account (”Subscription”). You authorize
Zach’s Sport Shack LLC to charge the credit card account
designated during your Subscription creation process the
fees, and any applicable tax, at the recurring term
interval chosen by you. You are responsible for any
additional charges associated with using the Services,
including, but not limited to, any telephone or Internet
service provider charges.
Fees paid for any Subscription term are paid in advance
and are not refundable in whole or in part. You may
terminate your Subscription at any time and continue
using the Services until the expiration of your pre-paid
term.
Free or discounted trial Subscriptions to the Services,
and your ability to participate in such trials, are
offered at Zach’s Sport Shack LLC’s discretion. By
participating in any trial, you agree to the terms
spelled out at the time of acceptance, including payment
of subsequent fees that may be charged if you do not
cancel the trial Subscription before the end of the
designated trial period.
INDEMNIFICATION
You hereby indemnify and hold Zach’s Sport Shack LLC,
and all of its officers, directors, employees, owners,
agents, information providers, affiliates, and licensors
(collectively, “Representatives”) harmless from and
against all claims, suits, liability, losses, costs, and
expenses (including attorney’s fees) incurred by Zach’s
Sport Shack LLC or any Representative in connection with
any claim arising out of:
* Your use of the Services;
* Any use or alleged use of your account or your
password by any person, whether or not authorized by
you;
* Your connection to the Services via the Internet;
* Your violation of this Agreement;
* Content you submit to the Services; or
* The accuracy, quality, or performance of the Services.
NO ENDORSEMENT
The Services may contain links to sites on the Internet
that are owned by third parties (the “External Sites”).
You acknowledge that Zach’s Sport Shack LLC is not
responsible for the availability of, the content located
through, or any services provided by any External Site.
PRIVACY POLICY
From time-to-time, Zach’s Sport Shack LLC may send
information on related products and services to its
existing customers/subscribers. Any personal information
you provide - name, address, email address, phone
number, etc. allows us to inform you about updates to
the Services and to notify you of products and services
that may be of interest to you. We give you the
opportunity to decline receiving these internal and/or
external offers. To opt out of these notices, click the
opt-out link which can be found at the bottom of any
such message you receive from us.
Transactional notices such as invoices, statements, or
new issue notices etc. will continue to be sent over the
course of business in compliance with all related
regulations. You may also specifically stop such
transactional notices by contacting customer service to
request this and by providing suitable other means of
communicating your transaction/order details with you.
DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY
THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS,
AS AVAILABLE” BASIS. NONE OF ZACH’S SPORT SHACK LLC,
THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS
MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO THE SERVICES, SITE OR ANY CONTENT. YOU
EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OR
COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
NEITHER ZACH’S SPORT SHACK LLC NOR ANY PROVIDER OF THIRD
PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR
DOES ZACH’S SPORT SHACK LLC, ANY THIRD PARTY CONTENT
PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY
AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE
SERVICES OR THE CONTENT.
NEITHER ZACH’S SPORT SHACK LLC, ANY THIRD PARTY CONTENT
PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE
LIABILITY OF ZACH’S SPORT SHACK LLC, THIRD PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
MEDICAL CODING CONTENT DISCLAIMER
Reasonable attempts have been made to provide accurate
Content. However, of necessity, examples cited and
advice given must be general in nature and may not apply
to any particular case. Clinical and other circumstances
may differ between cases and thereby affect coding.
Neither ZACH’S SPORT SHACK LLC nor its publisher,
editors, board members, contributors and consultants
warrant or guarantee that any Content related to coding
or compliance will be applicable or appropriate in any
particular situation. For information tailored to your
specific circumstances, consult a qualified
professional.
ENFORCEMENT
In the event Zach’s Sport Shack LLC determines, in its
sole discretion, that you have violated this Agreement,
Zach’s Sport Shack LLC shall have the right to
immediately suspend your access to the Site and Services
without prior notice to you, and/or pursue any other
remedies available to it under applicable law.
ARBITRATION
Any controversy or claim arising out of or relating to
this Agreement or the Services shall be resolved by
binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration
Association. The arbitration shall be conducted in
Youngstown, Ohio, and judgment on the arbitration award
may be entered in any court having jurisdiction thereof.
Notwithstanding the foregoing, Zach’s Sport Shack LLC
may seek injunctive or other equitable relief from a
court of competent jurisdiction, necessary to protect
the rights or the property of Zach’s Sport Shack LLC (or
its agents, suppliers, and subcontractors), pending the
completion of arbitration.
MISCELLANEOUS
Zach’s Sport Shack LLC’s failure to exercise or enforce
any right or provision of this Agreement shall not
constitute a waiver of such right or provision.
This Agreement, including all terms, agreements, and
policies that are incorporated into these terms by
reference, constitute the entire agreement between you
and Zach’s Sport Shack LLC and govern your use of the
Site and Services, superseding any prior agreements,
documents or communications relating to the subject
matter of this Agreement. This Agreement is governed by
the laws of Ohio, USA, without regarding to its internal
rules regarding conflicts of law.
If any part of this Agreement is determined to be
invalid or unenforceable pursuant to applicable law,
then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original
provision, and the remainder of this Agreement shall
continue in effect.
Zach’s Sport Shack LLC shall have no liability for any
failure or delay resulting from any condition beyond the
reasonable control of Zach’s Sport Shack LLC, including
but not limited to governmental action or acts of
terrorism, war, earthquake, fire, flood or other acts of
God, labor conditions, power failures and Internet
disturbances.