LAST UPDATED: September 15, 2017
This Agreement is between you (“you,” “your”) and FAIR Health, Inc. (“FAIR Health,” “we,” “us”) and governs your use of FAIR Health’s online websites (together with any successor site(s), the “Site”). By logging onto the Site, you signify your agreement to all of the terms and conditions for using the Site. This Agreement shall have the same binding effect as if the same Agreement was in paper form and signed by you.
1. Acceptance of Terms. The Site is made available by FAIR Health to you subject to the terms of this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. When using the Site you agree that you are subject to this Agreement and to any additional posted guidelines, rules, terms and conditions applicable to such use, which are hereby incorporated by reference into this Agreement. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify or discontinue the Site, with or without notice. You agree that neither FAIR Health nor any of our licensors shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
2. Licensed Content. You agree that (i) Current Procedural Terminology Codes (“CPT®”) displayed on the Site are owned and copyrighted by the American Medical Association (“AMA”) and licensed to FAIR Health, (ii) Current Dental Terminology codes (“CDT®”) displayed on the Site are owned and copyrighted by the American Dental Association (“ADA”) and licensed to FAIR Health, and (iii) ASA content including CROSSWALK®, Reverse CROSSWALK® and/or Relative Value Guide® (“ASA Content”) displayed on the Site is owned and copyrighted by the American Society of Anesthesiologists (“ASA”) and licensed to FAIR Health. The CPT, CDT and ASA Content are referred to collectively as “Licensed Content.”
4. Limits on Use. FAIR Health’s Consumer Website and YouCanPlanForThis.Org are provided solely for personal, consumer use, and not for any commercial, professional, research, litigation or other purposes. You are not permitted to modify or download content from the Site (other than page caching), or any portion of it, except with the express written consent of FAIR Health. This license does not authorize or allow any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of FAIR Health. Any unauthorized use terminates the permission or license granted by FAIR Health to use this Site. Your use of the Site is conditioned on your compliance with the limits on use set forth in this section and your failure to comply with such rules may result in termination of your access to the Site pursuant to Section 15 (“Termination”), below. While using the Site you will comply with all applicable laws, rules and regulations and you will respect the rights and dignity of others.
To the extent that the Site provides information about a particular physician, dentist, or other healthcare provider, you will use that information for the sole purpose of evaluating whether you or your family will receive healthcare from that provider. You will not contact providers listed on this site for any reason other than for the purpose of seeking healthcare services for you or your family.
YOU ACKNOWLEDGE THAT FAIR HEALTH LIMITS THE NUMBER OF SEARCHES THAT INDIVIDUALS MAY MAKE OVER A SPECIFIC TIME PERIOD. YOU AGREE NOT TO TAKE ANY STEPS TO CIRCUMVENT THESE LIMITATIONS. IF YOU EXCEED THESE LIMITATIONS, FAIR HEALTH WILL DISCONTINUE YOUR USE OF THE WEBSITE. IN NO EVENT SHALL YOU USE THE WEBSITE OR ANY INFORMATION OBTAINED THEREFROM FOR OR ON BEHALF OF ANY THIRD PARTY OR FOR COMMERCIAL PURPOSES. THIS PROHIBITION INCLUDES BUT IS NOT LIMITED TO USE OF THE WEBSITE FOR COMMERCIAL PURPOSES TO PROVIDE CONSULTING, TIME-SHARING OR OUTSOURCING SERVICES OR TO ACT AS A SERVICE BUREAU OPERATION. YOU ARE EXPRESSLY PROHIBITED FROM DISTRIBUTING ANY OF THE SERVICES OR PORTIONS THEREOF, TO ANY PERSON, FIRM OR ENTITY.
You agree that you will not:
You also acknowledge and agree that you (and not FAIR Health) are responsible for: (i) obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Site and (ii) paying all charges related thereto.
5. FAIR Health Does Not Set Usual and Customary Fees (UCR) or Reimbursement Levels for Out-Of-Network Healthcare Services. FAIR Health is a 501(c) (3) tax-exempt organization with a mission to enhance the transparency and objectivity of information about provider charges and insurance reimbursement rates for out-of-network care. One of the ways FAIR Health pursues its mission is by licensing data products to researchers and to the healthcare industry. FAIR Health provides charge data for specific healthcare services, based on claims data provided to FAIR Health by payors from all areas of the United States, and organized by medical, dental and postal codes. FAIR Health does not determine, develop or otherwise set these charges or the reimbursement rates for healthcare services. FAIR Health’s licensees use the licensed data as a tool to help determine their own fees or rates of reimbursement, or for other purposes. FAIR Health does not guarantee that service providers will receive the amount that is set as the benchmark charge amounts included in FAIR Health’s data products. FAIR Health does not provide advice, legal or otherwise, regarding healthcare insurance or fees related to providing healthcare services.
The Site may include charge information about providers in New York State, based on information in our database of privately billed health insurance claims. We selected a number of common procedures, and identified providers who have performed those procedures at least the median number of times compared to other providers in a geozip. Based on the claims in our database, we identified each of those providers’ range of prices charged, and the most common price charged, by that provider for each procedure over the course of one year. If there were two equally common prices for a provider, we used the more recent charge. Data may not be complete or current, and may have changed. FAIR Health does not represent, warrant or guarantee that any provider charge information is accurate or current, or is determinative of what any provider may bill you. The charge data are provided “as is” and for informational purposes only. Providers are free to set their own prices for services. You should ask any provider about the prices they charge before visiting or receiving services from them.
6. Accuracy of Information. We attempt to provide information that is complete, accurate and current. Despite our efforts, the information on this Site may be inaccurate, incomplete or out of date, and we make no representation or guarantee that the information on the Site is complete, accurate or current.
7. Electronic Communications. When you visit the Site or send e-mails to us, you are communicating with us electronically and thereby you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
8. Proprietary Rights of FAIR Health. All information, content, software and materials included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, including any compilations of such items, are the property of FAIR Health or its content suppliers and are protected by copyright, trademark, patent and/or other proprietary rights and laws.
Subject to your compliance with this Agreement, and solely for so long as you are permitted by FAIR Health to access and use the Site, you may make one (1) copy of any content on the Site to which we provide you access hereunder on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by FAIR Health in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
Trade names, trademarks and service marks of FAIR Health include without limitation, “FAIR Health,” “FAIR Health,” “FAIR Health Fee Estimator” and any associated logos. All trademarks and service marks on the Site not owned by FAIR Health are the property of their respective owners. The trade names, trademarks and service marks owned by FAIR Health, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion, or in any manner that disparages or discredits FAIR Health. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of FAIR Health’s trade names, trademarks or service marks without our express prior written consent.
9. Proprietary Rights of FAIR Health’s Licensors. Except for the limited rights expressly granted to you by this Agreement, all other rights in the Licensed Content are owned and retained, respectively, by the ADA, AMA and ASA. You acknowledge that the ADA, AMA and ASA, respectively, own all right, title and interest (including all copyrights and other intellectual property rights), and all rights of commercialization, of rental or sale, to make any derivative work and to distribute, their respective Licensed Content. You acquire no proprietary interest in the Licensed Content or any portion thereof.
You will not use the Licensed Content except as authorized by this Agreement. For example, and without limitation, you will not download or otherwise copy, extract, excerpt, paste, email or print Licensed Content other than as expressly permitted by this Agreement; resell, license, or transfer copies of Licensed Content to others, access the Site as a substitute for using the Licensed Content, create any modified or derivative work of Licensed Content, or make any commercial use of the Licensed Content. Commercial use includes, without limitation, use within a medical or dental practitioner’s office, hospital or insurance company. In order to use Licensed Content for any purpose other than as authorized in this Agreement, you must obtain a license through the applicable licensor. If you violate the terms of this Agreement, or if the ADA, AMA or ASA no longer make Licensed Content available, we may terminate this Agreement and your rights to use the Licensed Content.
The Licensed Content is provided “as is” and neither FAIR Health, the ADA, AMA or ASA makes any representation as to its completeness or accuracy. ADA, AMA and ASA are third-party beneficiaries of this Agreement whose rights are limited solely to any violation of this Agreement arising out of your use of any of their respective Licensed Content. You agree that ADA, AMA and ASA will be awarded court costs and reasonable attorney fees if they prevail in any action or proceeding against you due to a breach of this Agreement.
10. Hyperlink Use and Disclaimer. We do not necessarily review or approve of the content displayed on websites that have linked to the Site, or to which the Site links. No link to or from this Site shall be construed to imply sponsorship or endorsement by FAIR Health of any other website or its contents.
11. DISCLAIMER OF WARRANTIES. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, DATA PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING THE LICENSED CONTENT, ARE PROVIDED BY FAIR HEALTH TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY MATERIALS AVAILABLE OR LICENSED THROUGH THE SITE, INCLUDING THE DATA PRODUCTS AND LICENSED CONTENT. FAIR HEALTH DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT AND TITLE.
FAIR HEALTH DOES NOT WARRANT THAT THIS SITE; THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THE SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM FAIR HEALTH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAIR HEALTH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED BY FAIR HEALTH IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. Limitation of Liability.TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, FAIR HEALTH WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE OR DATA OR FOR LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, FAIR HEALTH WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY FAIR HEALTH OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF FAIR HEALTH FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO FAIR HEALTH TO ACCESS AND USE THE SITE, AND IN ANY CASE SHALL NOT EXCEED $100.00.
In no event will the ADA, AMA or ASA be liable to you for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use Licensed Content, even if ADA, AMA and/or ASA has been advised of the possibility of such damages, or for any claim by any other party. FAIR Health, AMA and ASA do not directly or indirectly practice medicine or dispense medical services. ADA, AMA and ASA are not the source of non-Licensed Content or information contained on the Site, and no endorsement of the Site by ADA, AMA or ASA is intended or implied. AMA and ASA disclaim responsibility for any consequences or liability attributable to or related to any use, non-use, or interpretation of information contained or not contained in CPT or ASA Content, in connection with any claim or cause whatsoever, whether in contract, tort or otherwise. The sole responsibility of ASA and AMA is to make available to FAIR Health replacement copies of ASA Content and CPT to be posted to the Site. ASA and AMA disclaim any liability for any consequences due to use, misuse, or interpretation of information contained or not contained on the Site.
13. Indemnity. You agree to defend, indemnify and hold harmless FAIR Health, ADA, AMA and ASA from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of or activities in connection with, the Site or Licensed Content; or (b) any violation of this Agreement by you.
14. Government rights. This Site includes information, including Licensed Content, which is commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable, which were developed exclusively at private expense by FAIR Health, ADA, AMA or ASA, respectively. Government rights (if any) 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 252.227-7015(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 (December 2007) and/or subject to the restricted rights provisions of FAR 52.227-14 (December 2007) and FAR 52.227-19 (December 2007) as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.
15. Termination. This Agreement is effective until terminated. FAIR Health, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if FAIR Health believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice. You agree that FAIR Health shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, you must destroy any copies made of any portion of the Site, including but not limited to Licensed Content.
16. Governing Law and Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law that would lead to the application of any other law. FAIR Health does not represent or warrant that the Site or any part thereof is appropriate or available for use in any jurisdiction other than the United States. Any dispute arising under or relating to this Agreement shall be subject to the exclusive jurisdiction of a state or federal court located in the County of New York in the State of New York, and you agree to submit to the personal and exclusive jurisdiction and venue of such courts.
17. Applicable Laws. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all applicable federal, state, local and foreign laws, rules and regulations. If you license any data products, you also are subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
18. Miscellaneous. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. This, together with all policies referred to herein, is the entire Agreement between you and FAIR Health relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and FAIR Health relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail or by regular mail, in FAIR Health’s discretion. The Site may provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. FAIR Health will not be responsible for failures to fulfill any obligations due to causes beyond its control. This Agreement is written in and is to be interpreted for all purposes in accordance with the English language as used in the United States. Any version of this Agreement in any other language is for convenience only and not binding on any party.
19. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to email@example.com or FAIR Health, Inc., 530 Fifth Avenue, 18th Floor, New York, NY 10036. Please note that communications are not secure.