AccessMD offers this web site, including all information, software, products and services available from this web site or offered as part of or in conjunction with this web site (the “Web Site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Your continued use of the Web Site constitutes your agreement to all such terms, conditions and notices.
TERMS AND CONDITIONS OF USE
Use of Materials
The Web Site is for your personal and noncommercial use. As a condition to your continued use of the Web Site, you warrant to AccessMD that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms and conditions of use. You will not use the Web Site in violation of any laws, including, without limitation, those pertaining to the fraud and abuse or anti-kickback provisions of the federal Medicare and Medicaid laws. Any advertisement, links with other web sites, co-hosts or references to third parties are not endorsements of such third parties' products or services and are not intended to result in any referrals or compensation to you or AccessMD.
No Medical or Legal Advice
  AccessMD makes the Web Site available for the sole purposes of providing general information on the AccessMD™ program and related services. The Web Site is not intended to be a substitute for professional medical advice, legal advice, or tax or accounting advice. Nothing in the Web Site is intended to be used for medical diagnosis or treatment. Always seek the advice of your physician before beginning any new treatment or if you have any questions regarding a medical condition. You should not disregard medical advice, or delay seeking medical advice, because of something you read on the Web Site. The Web Site and resources available on the Web Site are not intended to be, and must not be taken to be, the rendering of legal, tax, accounting, medical, nursing, or professional health care advice or services, or the practice of law, accounting, medicine, nursing, or professional health care, in any jurisdiction.
Limitations
  The descriptions of AccessMD products and services contained in the Web Site are not offers to sell or solicitations for any product or service. AccessMD is not licensed to sell products and services in all states. The descriptions of products and services contained on the Web Site are offered as a convenience and do not contain all of the terms, conditions, limitations and exclusions that may be applicable. The full terms and conditions are contained in the AccessMD™ Client Agreement or Participating Provider Agreement, as applicable.
No Warranties
  The Web Site may contain inaccuracies or typographical errors. AccessMD makes no representations about the accuracy, reliability, completeness, or timeliness of the material. The use of the Web Site and the material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. AccessMD DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ITEMS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
Exclusion of Liability
  IN NO EVENT SHALL AccessMD BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR ANY DELAYS, ERRORS, MALFUNCTIONS, COMPATIBILITY PROBLEMS OR BREAKDOWNS WITH RESPECT TO THE WEB SITE OR ANY MATERIALS AVAILABLE ON OR THROUGH THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT AccessMD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Featured Links
  For your convenience, the Web Site may contain hyperlinks to Web Sites offered by parties other than AccessMD. AccessMD does not control such other Web Sites and is not responsible for their content; nor does AccessMD’s inclusion of hyperlinks to such Web Sites imply any endorsement of the material on such Web Sites or any association with their operators.
Copyright
  Except for material in the public domain under United States copyright law, all material contained on the Web Site is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web Site without the prior consent of the copyright owner. Violation of this provision may result in severe civil and criminal penalties. You may make single copies of materials displayed on the Web Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from AccessMD. Under no circumstances may you “frame” the Web Site or any of its content or copy portions of the Web Site to a server, except as part of an Internet service provider’s incidental caching of pages.
Trademarks
  AccessMD™ is the trademark or registered trademark of AccessMD and is protected by state and federal trademark laws. Other trademarks appear on the Web Site with permission from their respective owners. Your unauthorized use of trademarks appearing on the Web Site may constitute trademark infringement, which could subject you to substantial civil penalties.
Termination of Privileges
  AccessMD reserves the right to terminate your privilege of using all or any portion of the Web Site if you breach any of these terms and conditions of use.
General
 

These Terms and Conditions of Use constitute the entire agreement and understanding between you and AccessMD with respect to use of the Web Site, superseding all prior or contemporaneous communications and/or proposals. AccessMD reserves the right to make changes to these Terms and Conditions of Use immediately by posting the changed Terms and Conditions of Use in this location. By continuing to use the Web Site, you are agreeing to all changes made by AccessMD. A printed version of these Terms and Conditions of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Web Site is controlled and operated by AccessMD from its principal office in the Commonwealth of Virginia, USA. AccessMD makes no representation that materials on the Web Site are appropriate or available for use in other locations. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Web Site is not intended to subject AccessMD to the laws or jurisdiction of any state, country or territory other than the Commonwealth of Virginia and the United States of America.

These Terms and Conditions of Use and your use of the Web Site will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding the Uniform Computer Information Transactions Act. Any legal suit, action or proceeding arising out of or relating to these Terms and Conditions of Use or your use of the Web Site shall be commenced in a federal court in the Eastern District of Virginia or in a state court in the city of Richmond, Virginia, and each party irrevocably submits to the jurisdiction and venue of any such court in any suit, action or proceeding.
PRIVACY STATEMENT

Information Collected
  For each visitor to the Web Site, AccessMD’s servers automatically collect information about which pages are visited and the domain name (e.g. myaccessmd.com) of visitors. This information is anonymous and is gathered through our servers’ log files. This information is used for internal review, to tailor information to individual visitors, and for Web Site traffic audits. [We may provide this information about our users on an aggregated, anonymous basis to physicians participating, or considering participation in, the AccessMD™ program].
Cookies
  [AccessMD may place a “cookie” on the browser of your computer. Cookies, by themselves, do not contain any personally identifying information, nor are they able to extract any personal information from you. A cookie may be used to tell when your computer has contacted the Web Site. AccessMD uses the information for editorial purposes and for other purposes such as delivery of features and advertisements, so that AccessMD can customize delivery of information to you without compromising privacy. AccessMD respects the privacy of data on your personal computer and does not access, read, upload or store data contained in or derived from your private files without your authorization.]
Submission of Information
  Through your use of the Web Site, AccessMD may collect information about you that identifies you or your household or practice, but only if you provide such information when specifically asked for it by AccessMD. AccessMD uses such information only for purposes necessary to provide the Web Site and other services to you, or for your participation in the AccessMD™ program. Except as necessary to provide information and services related to the AccessMD™ program, AccessMD does not rent, sell, barter or give away any of your personal information for use by any outside company. AccessMD has no intention of collecting any personal data from individuals under 13 years of age.
Use of Electronic Mail
  AccessMD may provide e-mail links on the Web Site to further facilitate communication between AccessMD and you. Information collected through electronic mail may be shared with our customer service department, employees or other third parties that perform services on our behalf. Unless otherwise noted, electronic mail on our site is not a completely secure and confidential means of communication. Non-encrypted electronic communications may be accessed and viewed by other Internet users without your knowledge or permission while in transit to us. Therefore, we recommend that you contact us by phone using one of the numbers found on the Web Site whenever you are communicating personal information to us.
Changes to Web Privacy Statement
  AccessMD may change the foregoing Privacy Statement from time to time without notice by posting the changed Privacy Statement on the Web Site. This Privacy Statement is not intended to and does not create any contractual
   
WEB SITE TERMS AND CONDITIONS OF USE
AND PRIVACY STATEMENT
PLEASE NOTE: The descriptions of the AccessMD program and other AccessMD services contained on this Web Site are offered as a convenience and do not contain all of the terms, conditions, limitations and exclusions that may be applicable. The full terms and conditions are contained in the Client Agreement or Participating Provider Agreement, as applicable.
©2002. AccessMD, LLC. All rights reserved.
Terms and Conditions of Use and Privacy Statement