Definitions

The HIPAA Section-by-Section Resource can be accessed through http://www.bricker.com and www.incomplianceconsulting.com, which are web sites maintained by Bricker & Eckler LLP and its subsidiary INCompliance (referred to here as "Bricker"). As used in these Terms of Use, the term "site" refers to the HIPAA Section-by-Section Resource located at www.bricker.com; "User," or collectively "Users" refers to the Subscriber and any party who accesses the Site; and "Access" means viewing or otherwise obtaining or requesting information using the Site.

Acceptance of Terms

By accessing the Site via the Internet or any other medium, User accepts and agrees to all conditions imposed in these Terms of Use.

Bricker reserves the right to modify these Terms of Use at any time without notice to User. Any change in these Terms of Use is effective immediately upon User's receipt of notice from Bricker. Notice can be given through e-mail, a posting of the revised Terms of Use on the Site, or any other means by which User may obtain notice. Users should periodically check these Terms of Use for changes. Any use of the Site after changes have been made shall be deemed acceptance of those changed Terms of Use.

Bricker has the exclusive right to control the accessibility, hours of use, and the features on the Site. Bricker can restrict access to any or all portions of the Site or remove any information or content from the Site at any time. Bricker reserves the right to monitor use of the Site.

User is solely responsible for providing the equipment used to access the Site, including all computer equipment, remote communications equipment, telephone or other equipment.

Privacy

User should review the Privacy Policy for this site, which is incorporated by reference into these Terms of Use.

Accessing the Site
In order to gain access to the Site, you must register and create a login and password, and pay the applicable annual fee. You can do this online by completing the registration form on the applicable page. In our registration form we ask you to submit your name, the name of your organization if the Subscriber is not an individual, and e-mail address, and to select a password. Other Users from your Organization will be asked to provide the same information.

You will be asked for credit card information for payment of the subscription fee. The subscription fee will be charged to the credit card you provide. The subscription will be automatically renewed annually on the anniversary date of the initial subscription purchase by charging the credit card number provided with the initial subscription the annual subscription fee plus the fee for any additional Users beyond five (5) if applicable. You are responsible for notifying us of any changes to the credit card information provided. You are also responsible for notifying us that you do not wish to renew your subscription prior to your annual renewal date. No refunds of the subscription fee will be made after the subscription is purchased or renewed, regardless of whether you continue to access the site.

Responsibility for User Accounts

It is your responsibility to keep your login credentials confidential and secure. Please do not share your credentials with others. Anyone who has your login credentials can access our services and freely obtain or tamper with any information posted in your account. By subscribing, you agree to accept responsibility for all activities that occur at the Site under your registration account. Bricker reserves the right, in its sole discretion, to refuse service or terminate your account.

Copyrights and Trademarks

All content on the Site (with the exception of content that may be provided by Bricker's third party content providers or materials submitted by Users) is the copyrighted property of Bricker. Other than the download to the viewer's computer that is inherent in viewing a web page, Site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, "framed" on another site, or distributed in any way without the prior written consent of Bricker. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the Site. Any third party trademarks and content appearing on the Site are the property of their respective owners. You are not permitted to use any of these third party trademarks or content without permission of the respective owners.

Users submitting their own content on the Site pursuant to the terms of these Terms of Use (including but not limited to profile information) retain the copyright in such material, but they are deemed to have given Bricker a license to use the material in any media or format, including online formats, which means that Bricker can, among other things, copy the material for backup and archival purposes, display it on the Site, allow viewers to view it (including by downloading a copy to the viewer's machines), edit it, use it in marketing materials and advertising, or provide it to other news organizations. This license is perpetual, irrevocable, worldwide, transferable in whole or in part, and fully-paid up. Bricker also has the right to remove User-submitted content from the Site at any time for any purpose.

Prohibited Conduct
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:

• Use any device or other means to harvest information about other Users.
• Transmit, install, upload or otherwise transfer any virus or other item or process to the Site that in any way affects the use, enjoyment or service of the Site.
• Transmit, install, upload or otherwise transfer any virus or other item to the Site that in any way affects the use, enjoyment or service of any User's or Bricker employee's computer or other medium used to access the Site.
• Submit any material to the Site that is offensive to any other User. Bricker maintains the exclusive right to determine what is offensive.
• Submit to the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
• Modify the information, including headers, found on the Site.
• Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication.
• Engage in any action which Bricker determines is detrimental to the use and enjoyment of the Site.
• Use the Site for any unlawful or defamatory means.
• Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.

Disclaimer and Limitation of Liability

Although Bricker has attempted to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER Bricker NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM THE USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR OMISSION OF BRICKER, A COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. BRICKER IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

IN NO EVENT WILL BRICKER OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.

IN NO EVENT WILL BRICKER OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.

Third Party Content

Bricker is not the publisher or speaker of any information on the Site that is provided by third party content providers or by Users, and Bricker is not liable for any claims related to that information. Any mention on the Site of products or services provided by third parties, including any advertisement found on the Site, is for informational purposes only and constitutes neither an endorsement nor a recommendation by Bricker. Bricker assumes no responsibility for those advertisements, products or services. Any dealings among any User and any third parties mentioned on or found through the Site (including through classified advertising) are solely between the Users and the third parties, and are subject to any terms, conditions, warranties or representations associated with those dealings.

BRICKER MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION PROVIDED BY AN ADVERTISER, THIRD PARTY CONTENT PROVIDER TO USER VIA THIS SITE, OR ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION ON ANOTHER SITE. ADDITIONALLY, BRICKER DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

Indemnification

User agrees to defend, indemnify and otherwise hold harmless Bricker and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User's use of the Site.

Security

Users are prohibited from violating or attempting to violate the security of the Site. Bricker will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

Termination of Terms of Use
Bricker may terminate these Terms of Use at its discretion. In addition to Bricker's other rights, Bricker may terminate access to this site or cancel membership to any service that Bricker provides on the Site, if User breaches the Terms of Use in any way or engages in conduct that Bricker deems inappropriate. In the event of termination of the Terms of Use, the provisions in this paragraph and the provisions found under the captions "Copyright and Marks," "Prohibited Conduct," "Disclaimer and Limitation of Liability," "Third Party Content," "Indemnification," "Security" and "Miscellaneous" shall survive.

Refunds

Users may cancel their subscription in writing to info@bricker.com or by using the Cancel Account option in their Account Dashboard. No refunds of the subscription fee will be made after subscription is purchased or renewed, regardless of whether you continue to access the site.

Copyright Protection
Bricker honors the intellectual property rights of others and asks the same of Users of the Site. Bricker may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide Bricker with the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bricker to identify the material;
• Information that is reasonably sufficient to permit Bricker to contact the complaining party, such as address, telephone number and, if available, e-mail address;
• A statement that the complaining party has a good faith belief that use of the material in a 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Bricker can be contacted at:

Bricker & Eckler LLP
100 South Third Street
Columbus, OH 43215-4291
614.227.2300
Email: info@bricker.com

INCompliance can be contacted at:

INCompliance 
100 South Third Street
Columbus, OH 43215-4291
614.227.8938
Email: info@incomplianceconsulting.com

 

Miscellaneous

These Terms of Use constitute the entire agreement between Bricker and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Bricker and User dealing with the subject matter hereof is superseded. If any portion of these Terms of Use is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User's breach of these Terms of Use, Bricker may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Bricker's remedies are cumulative and not exclusive. Failure of Bricker to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action by User arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Bricker makes no representation that the content of the Site is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of Franklin County, Ohio USA, notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in Ohio, USA, or where applicable, the relevant United States Court, and each User consents to exclusive jurisdiction and venue in such courts for such purpose.