SNFCB.com User Agreement

PLEASE CAREFULLY READ THE TERMS AND CONDITIONS BELOW BEFORE CLICKING THE “ACCEPT” BUTTON FOR THIS SNFCB.com USER AGREEMENT. CLICKING AND ACCEPTING INDICATES THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR COMPANY (“YOU” OR “YOUR”), AND YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

YOU UNDERSTAND THAT THE PROVISIONS IN THIS AGREEMENT (INCLUDING WARRANTY DISCLAIMERS AND LIMITATIONS ON LIABILITY) REPRESENT AN AGREED UPON PRICE-RISK ALLOCATION. SNFCB.com WOULD NOT BE ABLE TO OFFER YOU ITS CURRENT PRICING STRUCTURE "BUT FOR" THIS ALLOCATION.

SNFCB.com is wholly-owned and operated by Consolidated Billing Services, Inc (“CBSI”). Any reference to SNFCB.com, “we”, “us” or “our” in this agreement includes CBSI.

1. SCOPE OF USE: (a) We grant you a limited right and license for use of the SNFCB.com website for a single Provider. A “Provider” means any entity that has certification to bill Medicare or Medicaid. Using this site to review information for another Provider violates this user agreement and may result in the immediate termination of this user agreement. You may look at our Web site online, download information to your personal or handheld computer for later review, and print a reasonable number of copies of pages for employees of the Provider. You may share reports for purposes of billing or payment for current, past or future residents or patients of Provider. You must not remove any copyright notices from our or any third party materials. We reserve all other rights. Among other things, this means you must not sell our information, rewrite or modify it, redistribute it, put it on your own website, or use it for any commercial purpose without our prior written permission in each instance. SNFCB.com does not provide refunds for the unused portion of any subscription fees or payments you may have made to use the SNFCB.com site.

(b) We make no representation or warranty whatsoever that materials on these Web sites are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access these sites from other locations do at their own risk and are responsible for compliance with local laws.

(c) At our sole discretion, we may modify or change the terms and conditions of this agreement from time to time, and your continuing use of the SNFCB.com website constitutes your acceptance of and agreement to any changed terms and conditions. You will always be able to view the most current version by clicking on the menu bar. If you do not agree to the terms and conditions herein, you must cease use of this site immediately.

2. LIMITED WARRANTY AND REMEDY. We warrant only that, through our website, you will be able to obtain Medicare pricing information as issued by the United States federal government based on our then-current access to the applicable databases. If we materially breach this warranty, we may, at our sole discretion, re-perform the applicable search or perform the identical service you requested, or refund your fees for that search. You understand and agree that this is your sole and exclusive remedy for any material breach of this warranty.

3. DISCLAIMER OF WARRANTIES. (a) Neither SNFCB.com nor any of its suppliers (including without limitation the Centers for Medicare and Medicaid Services, or any websites to which our website is linked, or which may link to our site), represents or warrants that the data or information available through our website is current, complete or accurate. We do not warrant the continuous, uninterrupted or secure access to this web site. Except for the limited warranty in the paragraph immediately above, WE HEREBY DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICE AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY DATA, INFORMATION OR REPORT, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND ANY IMPLIED INDEMNITIES.

(b) Other Information on Our Site: We include a lot of information on SNFCB.com, including articles, references, tools and editorial content. While we hope you find it helpful, you should remember that it is not meant to serve as a substitute for professional medical advice or to replace any relationship with your physician or other qualified healthcare professional. For this reason, you understand that, as a condition to further access to and the receipt and sufficiency of which is acknowledged by the user's access to and use of this web site, you agree that (i) we do not provide medical, legal or ethical advice to you or your users or arrange for the provision of medical, legal or ethical services; and (ii) the information displayed at this web site may not be relied upon for any purpose or reason, including, without limitation, in connection with the delivery of medical care to individuals.

4. LIMITATION ON LIABILITY. NEITHER CBSI, SNFCB.com NOR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF ANY DATA, INFORMATION OR REPORTS SHALL BE LIABLE TO YOU OR ANY OTHER CUSTOMER, PATIENT OR THIRD PARTY FOR ANY CONSEQUENTIAL DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF ANTICIPATED BENEFITS, OR OTHER SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY DATA, INFORMATION OR REPORTS, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT TORT, OR UNDER ANY WARRANTY, OR OTHERWISE, EVEN IF INTELIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY ANY OTHER PARTY. THE LIABILITY CBSI OR SNFCB.com SHALL IN NO EVENT EXCEED FEES ACTUALLY PAID BY YOU AND RECEIVED BY US FOR ANY DATA, INFORMATION OR REPORTS. Some states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusions or limitations of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

5. YOUR INDEMNIFICATION. You shall indemnify, defend and hold us harmless from and against any and all claims, demands, costs, expenses and liabilities of any kind or nature whatsoever, including, without limitation, reasonable attorneys’ fees, expert witness fees and costs based upon any breach of this agreement by You, including without limitation the illegal or wrongful use of any data or information, your gross negligence or intentional wrongdoing in connection with the use of the same, unsubstantiated claims brought by patients or other third parties; or your failure to comply with your obligations under applicable federal, state or local laws.

6. CONFIDENTIALITY. You shall treat all data and information disclosed to you under this agreement as strictly confidential. Information, data and reports shall not be distributed, sold or shared with any third party nor used by you in any way except as expressly authorized under this agreement by law. Disclosure of such information may be cause for criminal and/or civil legal action against you and any involved third party, and state agencies are not responsible for the defense of any such action. Any person who willfully and knowingly obtains, resells, transfer, or uses medical or insurance information in violation of law may be subject to criminal charges and/or liable to any injured party for damages, reasonable attorneys; fees, and costs. Other civil and criminal laws may also apply. You hereby affirm, agree and covenant that you are and shall remain in compliance with all applicable laws and the terms and conditions of this Agreement for the security and confidentiality of data, information and records provided to you.

7. TERM AND TERMINATION. This agreement shall begin on the date you accept it, and continue until any termination or expiration hereof (depending on whether you subscribe for a free trial period, monthly, annually or otherwise). During the term, if you breach all or portions of this agreement, we may suspend or terminate your account and this agreement, and may remove any information you have placed on our site. Either party may terminate by delivering written notice to the other at least sixty (60) days prior to the expiration of the Initial Term or the Renewal Term, as the case may be. Sections 1(b) and 2 through 10 shall survive any expiration or termination of this Agreement.

8. Copyrights, Trademarks, Linking, Privacy: CPT^® codes are copyright-protected by the American Medical Association (AMA). Dental codes are copyright-protected by the American Dental Association. All trademarks and brand names are the property of their respective owners. Any uses of trademarks that appear on our website require our prior written approval in each instance. You may have a simple link from your web site to ours. All other links require our prior written permission in each instance (e.g., you intend to frame our site or incorporate pieces of it into a different site or product in a way that is not clear to our users). We, at our sole discretion, may refuse to allow you to link to us or our site.

9. Priority of Documents. In the event there is a conflict between this Agreement and any other agreements between you and us, the relevant terms and conditions of this Agreement shall control.

10. General. This agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Washington, without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie only in Spokane County, Washington, USA. The parties hereby consent to personal jurisdiction over them by the courts within Spokane County, Washington, USA and waive all objection and challenge to such venue and personal jurisdiction. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any of the transactions contemplated by this agreement. You may not assign or transfer, by operation of law or otherwise, your rights under this agreement or delegate any duties under this agreement to any third party without our prior written consent in each instance. Any attempted assignment or transfer in violation of the foregoing will be void. All waivers must be in writing. Any waiver or failure to enforce any provision of this agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. In any controversy, claim or dispute arising out of or relating to this agreement or the method or manner of performance thereof or the breach thereof, the prevailing party shall be entitled and awarded in addition to any other relief, its attorneys' fees, expert witness fees and costs. If any term or provision of this agreement or any application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this agreement or the application of such terms or provisions to person or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and each term and provision of the agreement shall be valid and enforceable to the fullest extent permitted by law. Nothing contained in this agreement shall be deemed or construed by the parties hereto or by any third person to create the relationship of principal and agent or partnership or of any association between any of the parties hereto other than independent contracting parties. The parties affirm and agree that they have had an opportunity to consult with their respective counsel and with such other experts or advisors as they have deemed necessary in connection with this Agreement. This Agreement shall be construed without any presumption or rule requiring that it might be construed against the party causing this Agreement, or any part of it to be drafted. Any notice, payment, demand, or communication required or permitted to be given by any provision of this agreement shall be in writing and sent by telephone facsimile transmission, certified or registered mail with return receipt requested, or express courier or delivery service and addressed to you at the address then on record with us, or to such other address as you may from time to time specify by notice to us in writing. You may deliver notices to 104 S. Freya, Suite #119, White Flag Bldg., Spokane, WA 99202, attn: Customer Service or send an e-mail to support@snfcb.com.