— Peter Sundwall Jr., MD, Family Medicine
Amazing Charts.com, LLC is an Internet-based online information and communication software service. By accessing or using AmazingCharts.com, you agree to be bound by the terms and conditions of this agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE AMAZINGCHARTS.COM OR USE AMAZING CHARTS FAMILY OF SOFTWARE.
We realize that the provisions of this Agreement are essentially legal nonsense and apologize for placing it on our website. All of the information below could probably be stated more clearly and with far fewer attorney fees using the following statements:
But just to ensure we protect ourselves, please read every word of the following, and be sure you understand it before trying our website or software. Also be sure to review the Amazing Charts End User's License Agreement (EULA) which describes the legal details that apply to anybody who downloads or tries/uses our software or services.
AMAZING CHARTS.COM, LLC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF AMAZINGCHARTS.COM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
The information contained in AmazingCharts.com and Amazing Charts software is presented for the purpose of allowing professional physicians and caregivers to facilitate documentation of the medical encounter. Nothing contained in AmazingCharts.com is intended to be instructional for medical diagnosis or treatment, or advice on coding or billing. The information in AmazingCharts should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of a physician or other qualified health care provider. Information obtained in AmazingCharts is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.
Amazing Charts.com, LLC SERVICES AND AMAZING CHARTS SOFTWARE AND INFORMATION ACCESSED Through AmazingCharts.com (the "SERVICES") ARE provided "AS IS" without warranty, express or implied. Amazing Charts.com, LLC hereby excludes all implied warranties of merchantability and fitness for a particular use or purpose with respect to the SERVICES. There are no warranties which extend beyond the description on the face OF THIS AGREEMENT. Amazing Charts.com, LLC and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services. Amazing Charts.com, LLC and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Amazing Charts.com, LLC and Information Providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Amazing Charts.com, LLC and Information Providers do not warrant or guarantee that the functions or Services performed in AmazingCharts.com will be uninterrupted or error-free or that defects in AmazingCharts.com will be corrected. Users of AmazingCharts.com are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to AmazingCharts.com for the reconstruction of any lost data.
2. OTHER SITES
You are encouraged to use discretion while browsing the Internet on searches initiated at AmazingCharts.com. AmazingCharts.com links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. Amazing Charts.com, LLC and Information Providers make no representations concerning any effort to review all of the content of sites listed in its catalog (indeed, given the number of results from any browsing which starts with a AmazingCharts.com link that would be practically impossible).
3. REVIEW OF POSTINGS & UPLOADS
Amazing Charts.com, LLC does not and cannot review all communications and materials posted or uploaded to AmazingCharts.com and is not responsible for the content of these communications and materials. However, Amazing Charts.com, LLC reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to Amazing Charts.com, LLC. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
4. LIMITED LICENSE
By this Agreement, Amazing Charts.com, LLC grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use AmazingCharts.com in real time and to use the materials in AmazingCharts.com in a manner consistent with paragraph 11 (Copyright) below. IN NO CASE WILL MONIES OR PAYMENT OF LICENSING FEES OR CHARGES BE REFUNDED. DO NOT PAY FOR ANY SERVICE IS YOU THINK YOU MAY REQUIRE A REFUND.
5. USER’S AGREEMENT
You agree to: (a) maintain all equipment required for your access to and use of AmazingCharts.com ; (b) maintain the security of your user identification, password and other confidential information relating to your AmazingCharts.com account; and (c) be responsible for all charges resulting from use of your AmazingCharts.com account, including unauthorized use prior to your notifying Amazing Charts.com, LLC of such use and taking steps to prevent its further occurrence by changing your password.
6. ON-LINE COMMUNICATIONS
6.1 Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Amazing Charts.com, LLC. Amazing Charts.com, LLC cannot and does not screen content provided by you to AmazingCharts.com . Notwithstanding the foregoing, Amazing Charts.com, LLC reserves the right to monitor content on AmazingCharts.com and to remove content, which Amazing Charts.com, LLC, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or Amazing Charts.com, LLC’s operating policies for users of AmazingCharts.com ("Users").
6.2 You may send and receive electronic mail ("email"), engage in conferences and chats, download and upload files and otherwise use AmazingCharts.com as permitted by this Agreement, Amazing Charts.com, LLC’s operating policies and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the AmazingCharts.com area where your uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). Amazing Charts.com, LLC’s operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, bulletin boards ("BBSs") and other matters are available and/or will be made available online. Amazing Charts.com, LLC reserves the right in its sole discretion to change such policies at any time. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.
6.3 You are responsible for your communications and your use of AmazingCharts.com. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to AmazingCharts.com with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use AmazingCharts.com to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to Users or other Internet users for any purpose other than personal communication, including to advertise or offer to unsolicited sell goods or services to other Users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by Amazing Charts.com, LLC); (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or AmazingCharts.com; (l) falsify the source or origin of software or other material contained in a file that you upload to a BBS or AmazingCharts.com; (m) use AmazingCharts.com in a manner that adversely affects the availability of its resources to other Users; (n) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to AmazingCharts.com the User directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by Amazing Charts.com, LLC); (o) falsely purport to be an employee or agent of Amazing Charts.com, LLC (p) cause repeated disruptive incidents; or (q) act, or fail to act, in your use of AmazingCharts.com, in a manner that is contrary to applicable law or regulation. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of AmazingCharts.com to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views in AmazingCharts.com, nonetheless, Amazing Charts.com, LLC reserves the right to take such action as it deems appropriate in cases where AmazingCharts.com is used to disseminate statements which are deeply and widely offensive and/or harmful. Each time you upload a file on AmazingCharts.com, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
Because your privacy is important to us, Amazing Charts.com, LLC operates by the following principles.
Personal Information About You
We generally do not need to know (and do not ask you for) information that identifies you personally. There are times, however, when we may need a limited amount of personal information to provide you with services that are unique to you or tailored specifically for you (e.g., if you decide to purchase our software). If that is ever the case, we will ask you explicitly for that personal information. Alternatively, you may wish to take advantage of online purchase opportunities when we offer them. You will need to provide some specific personal information (beyond just a name and address) to make that purchase possible. This type of information is always sent to us over an encrypted (or secured) connection that has been set up to keep anyone else from gaining access to your information. We may need personal information in order to inform you about new features, services, or products available from us or our sponsors and partners. We will always tell you if personal information is required for purposes like these, and we will tell you how it is going to be used if different than outlined here. Our site's registration form may ask users to give us contact information (such as e-mail address) and demographic information (e.g., age and gender). This information is NOT shared with any third party on an individual basis, though the general demographics of all visitors may be shared on an aggregate basis only. Finally, this site has security measures in place to protect the loss, misuse, and alteration of the information under our control to minimize the risk of hackers gaining access to these data.
This site makes chat rooms, forums, message boards, and/or news groups available to some users at some times. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose any personal information.
Notes on "Cookies"
This site gives users the following options for removing their information from our database to not receive future communications or to no longer receive our service. 1. You can contact us with your request. 2. You can send mail to the following postal address: Amazing Charts.com, LLC, 650 Ten Rod Rd, Suite 12, North Kingstown, RI 02852.
How to Reach Us
Amazing Charts.com, LLC reserves complete and sole discretion with respect to the operation of AmazingCharts.com's Community. Amazing Charts.com, LLC may, among other things: (a) delete email if it has not been accessed by a User within the time established by AmazingCharts.com's policies; (b) subject to Section 6, make available to third parties information relating to AmazingCharts.com and Users; and (c) withdraw, suspend or discontinue any functionality or feature of AmazingCharts.com.
Amazing Charts.com, LLC may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, and chats and authorize restrictions on access thereto. Amazing Charts.com, LLC will not review the contents of email except as required or allowed by applicable law or legal process.
9. USER REPRESENTATIONS
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use AmazingCharts.com in accordance with this Agreement. You agree to be financially responsible for your use of AmazingCharts.com (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors, and even then may not be accurate. Forum managers, forum hosts, CPs, or Merchants appearing on AmazingCharts.com are not authorized Amazing Charts.com, LLC spokespersons, and their views do not necessarily reflect those of Amazing Charts.com, LLC.
The entire contents of AmazingCharts.com and the Amazing Charts software are copyrighted as a collective work under the laws of United States and other copyright laws. Amazing Charts.com, LLC holds the copyright in the collective work. The collective work includes works which are the property of the Information Providers which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of AmazingCharts.com solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from AmazingCharts.com.
12. LICENSES AND IDEA SUBMISSIONS
You agree to grant to Amazing Charts.com, LLC a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of AmazingCharts.com (such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against Amazing Charts.com, LLC for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AMAZING CHARTS.COM, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING AMAZINGCHARTS.COM USING YOUR SERVICE ACCOUNT.
14. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER AMAZING CHARTS.COM, LLC, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF AMAZINGCHARTS.COM. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST AMAZING CHARTS.COM, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF AMAZING CHARTS.COM, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF AMAZINGCHARTS.COM.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF AMAZING CHARTS.COM, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL AMAZINGCHARTS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF AMA ZING CHART.COM, LLC'S COMMUNITY ARE HEREBY EXCLUDED EVEN IF AMAZING CHARTS.COM, LLC OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. THIRD PARTY RIGHTS
The provisions of paragraphs 14 (Indemnification) and 15 (Waiver, Release and Limitation of Liability) are for the benefit of Amazing Charts.com, LLC and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
16. TERM; TERMINATION
Either you or Amazing Charts.com, LLC may terminate your right to use AmazingCharts.com at any time, with or without cause, upon notice. Amazing Charts.com, LLC also reserves the right to terminate or suspend your AmazingCharts.com membership without prior notice, but Amazing Charts.com, LLC will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 11 (Copyright), 12 (License, and Idea Submission), 13 (Indemnification), 14 (Waiver, Release and Limitation of Liability), 15 (Third Party Rights), and 17 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Rhode Island. You agree that any legal action or proceeding between Amazing Charts.com, LLC and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Washington County, Rhode Island, United States. Any cause of action or claim you may have with respect to Amazing Charts.com, LLC must be commenced within one (1) year after the claim or cause of action arises. Amazing Charts.com, LLC’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Amazing Charts.com, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Amazing Charts.com, LLC may deliver notice to you under this Agreement by means of electronic mail, a general notice on AmazingCharts.com, or by written communication delivered by first class U. S. mail to your address on record in Amazing Charts.com LLC’s account information. In addition, as noted above, we may modify this agreement from time to time. Posting of these modifications on this page will suffice to notify you, and by using this site, you agree that you will review this site regularly for updated information. You may give notice to Amazing Charts.com, LLC at any time via electronic mail to Amazing Charts.com, LLC or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
Amazing Charts.com, LLC
650 Rod Rd, Suite 12
North Kingstown, RI 02852
Attn: Chief Executive Officer/President
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.