Kaplan Software, LLC ("Kaplan") welcomes you. Kaplan provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By joining this service, you agree to the TOS contained herein. You will not be permitted access to the Kaplan site or to use of the Service without accepting the TOS contained herein. You can review the most current version of the TOS at any time at: http://guides6.impairmaster.com/terms. In addition, when using particular Kaplan owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules incorporated by reference into the TOS. Kaplan may also offer other services that are governed by different Terms of Service. For instance, different terms may apply to different products that Kaplan may create or offer to you from time to time.
Kaplan provides users with access to a database that allows healthcare providers, patients and insurance companies to determine the relative impairment (on a percentage basis) of person due to a specific type of injury suffered by such person (the "Service"). You understand and agree that the Service may include certain communications from Kaplan, such as service announcements, administrative messages and otherwise, and that these communications are considered part of the Kaplan subscription membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Kaplan software or services, shall be subject to the TOS or other terms and conditions that Kaplan deems appropriate. You understand and agree that the Service is provided "AS-IS", and that Kaplan assumes no responsibility for the timeliness, deletion, mis-delivery or accuracy of any information contained in the Service. You are responsible for obtaining access to the Service, and you acknowledge that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for obtaining all equipment necessary to access the Service.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Kaplan has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kaplan has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Kaplan is concerned about the safety and privacy of all its users.
Furthermore, Kaplan agrees that it may be a Business Associate of you as defined under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). In that regard, Kaplan agrees not to divulge any information that you seek or obtain in regards to a person through the Kaplan website to any third party unless required by law. Kaplan agrees to maintain the privacy of such information in accordance with HIPAA and its rules and regulations.
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Kaplan of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Kaplan cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, software, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are owned or authorized for use by Kaplan. This means that, subject to the terms of this Agreement, you are entirely responsible for all Content that you upload, post, email, transmit or otherwise use via the Service. Kaplan does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Kaplan be liable in any way for any Content including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that Kaplan may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Kaplan, its users and the public.
You understand that the technical processing and transmission of the Service, including the Content, involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Kaplan. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold Kaplan and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees and costs, made or incurred by any third party due to or arising out of your use or reliance on the Content, as well as your use of the Service. Furthermore, this indemnity includes your connection to the Service, your violation of the TOS, or your violation of any rights of another party.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Kaplan ID), use of the Service, or access to the Service.
You acknowledge that Kaplan may establish general practices and limits concerning use of the Service. You agree that Kaplan has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Kaplan reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Kaplan reserves the right to modify these general practices and limits from time to time.
Kaplan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Kaplan shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Kaplan may, under certain circumstances and without prior notice, immediately terminate your Kaplan account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Kaplan account includes (a) removal of access to all offerings within the Service; (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof); and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Kaplan's sole discretion, and that Kaplan shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
You agree that you will pay Kaplan on a monthly (subscription fee) basis for the right to use and access the Service. Should you fail to pay Kaplan for your use of the Service, Kaplan shall have the right to immediately terminate your use of the Service. You agree that your monthly payment shall be made to and be received by Kaplan on or before the commencement of the calendar month for which the Services will be provided (i.e., payment in advance). If payment is not received on or before the 10th day of the subject month for which payment is owed, Kaplan shall have the immediate right to terminate your use of the Service. You acknowledge and agree that Kaplan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the Content, goods or services available on or through any such site or resource, or for Kaplan's termination of your right to use the Service or the Content for your failure to make payment to Kaplan on a timely basis.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software"), contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Kaplan, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Kaplan grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you pay for the Service and you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software including, (without limitation), for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Kaplan for use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KAPLAN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KAPLAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
No endorsement of this product by the AMA is intended or should be implied. The AMA disclaims all responsibility for any liability, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this product. The AMA does not directly or indirectly practice medicine or dispense medical services. In no event will the AMA be liable for any damages, including any lost profits, lost savings or other incidental or consequential damages.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Kaplan may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
The Kaplan trademarks, service marks and other product and service names are trademarks of Kaplan Software, LLC (the "Kaplan Marks"). Without Kaplan's prior permission, you agree not to display or use the Kaplan Marks in any manner.
Material from Guides to the Evaluation of Permanent Impairment, Sixth Edition (Guides) is Copyright 2008 American Medical Association (AMA). All rights reserved.
Kaplan respects the intellectual property of others, and we ask our users to do the same. Kaplan may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
Entire Agreement. The TOS constitutes the entire agreement between you and Kaplan and governs your use of the Service, superseding any prior agreements between you and Kaplan with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Kaplan services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Kaplan shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Kaplan agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York.
Waiver and Severability of Terms. The failure of Kaplan to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Kaplan account is non-transferable and any rights to your Kaplan ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to us at firstname.lastname@example.org