CCM PAYS TERMS AND CONDITIONS
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Welcome to CCM Pays! We look forward to providing you with a training program to assist you with the implementation of a Chronic Care Management program (“CCM Program”) for your medical practice. In connection with these terms and conditions (“Terms), any reference to “you” or “your” means you as a physician, your practice whether you are incorporated or in a partnership, and your employees, agents and contractors. Any reference to “we” or “us” means Auburn Medical Group Inc. DBA CCM Pays. By logging into our website, purchasing or participating in the CCM Program, you agree to these Terms which along with our Privacy Policy represent the sole and exclusive agreement between us in connection with your use of our website, any information you provide us, and participation in the CCM Program. No other prior written or any oral agreement govern the Terms herein.
Please note that while the CCM Program provides extensive videos and printed materials in connection with the CCM Program (“CCM Materials”), any information disseminated through the CCM Program is not legal, tax, financial or medical advice. While the CCM Program reviews Medicare rules, templates, and medical considerations, this information is not: (i) a substitute for legal counsel from your attorney, (ii) any guarantee of payment or increased profitability, or (iii) a replacement for your own medical judgment. The information is general in nature and does not take into account the circumstances, physical well-being, mental status or medical requirements of a particular person, which are factors relevant to the correct diagnosis and treatment of any health condition.
PAYMENT
You may register to participate in the CCM Program online, and the purchase of a single license is solely for the use and participation in the CCM Program by one licensed medical professional such as a physician, nurse practitioner, physician assistant, or other designated non-physician professionals who bill Medicare for the CCM codes (“Provider”). Separate licenses must be purchased for each Provider. Any attempt by multiple Providers to access the CCM Program through one license shall be deemed a material breach of these Terms, and we may immediately terminate your access to the CCM Program in addition to our other legal or equitable remedies.
When you register for the CCM Program with your email address and by creating a password, you agree to the terms of our privacy policy which are available on the homepage of our website, ccmpays.com. Once any amounts have been paid to participate in the CCM Program, such amounts are non-refundable under all circumstances even if you decide after purchasing that the CCM Program that you will not participate in the CCM Program or for any other reason. No partial payments for participation in the CCM Program will be accepted. We reserve the right to amend these terms or modify the CCM Program without notice to you.
LICENSE
In connection with these Terms, we are providing you with a limited, revocable, non-transferable, non-exclusive license to the CCM Program, including all CCM Materials and videos, strictly for your internal medical practice’s purposes only. You may not assign these Terms and your rights herein to any third party. We retain sole and exclusive rights, title and interest in connection with any content in the CCM Program and no rights are transferred to you in connection with these Terms. You may not create any derivative works of or revisions to the CCM Program, and any of the materials and content in connection with the CCM Program may not be shared, licensed or distributed to third parties directly or indirectly. We may use or incorporate your suggestions to the CCM Program without payment to you. You are solely responsible for your login and password details as well as any activity under your account. You may not permit any unauthorized use of the CCM Program or any infringement of any intellectual property rights. In the event of any breach of this provision or the confidentiality terms herein, the extent of the monetary damages cannot be feasibly calculated, and we may seek injunctive relief in any court of applicable jurisdiction without posting a bond.
CONFIDENTIAL INFORMATION
The CCM Program shall be deemed confidential. “Confidential Information” means all information and materials obtained by the Recipient from the Disclosing Party, whether in tangible form, written or oral, that is identified as confidential or would reasonably be understood to be confidential given the nature of the information and circumstances of disclosure. Confidential Information does not include information that (a) is already known to the Recipient prior to its disclosure by the Disclosing Party; (b) is or becomes generally known through no wrongful act of the Recipient; (c) is independently developed by the Recipient without use of or reference to the Disclosing Party’s Confidential Information; or, (d) is received from a third party without restriction and without a breach of an obligation of confidentiality. The Recipient shall not use or disclose any Confidential Information without the Disclosing Party’s prior written permission, except pursuant to the Terms. The Recipient shall protect the confidentiality of the Disclosing Party’s Confidential Information in the same manner that it protects the confidentiality of its own confidential information of a similar nature but using not less than a reasonable degree of care. The Recipient may disclose Confidential Information to the extent that it is required to be disclosed pursuant to a statutory or regulatory provision or court order, provided that the Recipient provides prior notice of such disclosure to the Disclosing Party, unless such notice is prohibited by law, rule, regulation or court order. The confidentiality obligations set forth herein shall survive any termination of these Terms.
SECURITY
You represent that by registering online, you are at least 18 years old and the information which you are providing is accurate. Apart from members of your own medical practice, including your employees, you may not share your login or password details with any third parties . If you believe your account has been compromised in any way, you are required to notify us promptly. We use your log-in information in order to communicate with you and to provide the CCM Program to you. You consent to receive any electronic communications from us. You agree that all agreements, notices, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Any notice shall be deemed delivered and effective when sent to the email address you provide us. We do not actively or directly share your log-in details or name with any third party advertisers. We require that you not share any personally identifiable information with us, including your social security number or driver’s license, or any information about your patients which identifies them individually or any other information which is protected by HIPAA or other applicable laws. We do assume any liability for any personally identifiable information which you may provide to any third party advertisers in connection with the CCM Program. To the extent that you provide us with a review of the CCM Program, you agree that we obtain all rights, title and interest in such review without any compensation to you, and we may share such review and your name on our website or for any legal purpose. Notwithstanding the foregoing, we are not obligated to share any review of the CCM Program which we receive. Any payment information submitted on our website is processed entirely through a third party payment provider. We do not collect or see any of your financial information, and we cannot vouch for the security of any third party payment service.
COMPLIANCE
You represent that you are in compliance with all applicable laws, including HIPAA, and it is your sole responsibility to ensure you are in compliance with any changes to the laws in connection with the CCM Program. You agree that you will not in any way use the CCM Program to violate any laws or your patients’ rights. If at any time, we believe that you have violated these Terms or any applicable law or used the CCM Program for any improper purpose, we may immediately terminate your access to the CCM Program in addition to any other legal or equitable remedies.
WARRANTY DISCLAIMER
THE CCM PROGRAM AND ANY MATERIALS AND CONTENT ARE PROVIDED “AS IS.” EXCEPT WHERE PROHIBITED BY LAW OR EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS, WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE CCM PROGRAM, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT ANY CONTENT, INCLUDING ANY VIDEOS, IN THE CCM PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. NO STATEMENT BY ANY REPRESENTATIVE OF THE CCM PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THIS AGREEMENT.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and release us from and against any and all losses, damages, claims, actions, settlements, and fines (including attorney fees and other legal expenses) arising out of any third-party suit or claim in connection with: (i) any medical treatment or advice provided by you to your patients regardless of whether or not such advice was based on the CCM program, (ii) any violation of these Terms, or (ii) the violation of any applicable laws or third party rights by you.
EXCEPT WHERE OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US FOR THE CCM PROGRAM WITHIN THE PRECEDING TWELVE (12) MONTHS PRIOR TO THE CLAIM. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THE PRECEDING SENTENCE IS INTENDED TO LIMIT THE INDEMNIFICATION OBLIGATIONS OF A PARTY BASED ON THE NATURE OF THE THIRD-PARTY CLAIM. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
GENERAL TERMS
We shall not be liable for any interruptions to your access to the CCM Program as a result of any circumstances beyond our control, including internet interruptions, power surges, or other technical delays.
No modification or amendment to this Agreement is effective except with both parties’ written consent.
No waiver of the provisions of this Agreement shall be effective unless in writing and signed by the party against whom it is to be enforced. If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. A waiver of any provision, breach or default by either party or a party’s delay exercising its rights shall not constitute a waiver of any other provision, breach or default.
Any provisions of these Terms, including but not limited to indemnification and confidentiality, and which by their nature are intended to survive termination shall remain in full force and effect.
In the event of any dispute between us or any third party claims involving either party’s indemnification obligations, the parties agree that such dispute shall be resolved under California Law and in the jurisdiction of Placer County, California.
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