THESE TERMS OF SERVICE (“TERMS OF SERVICE”) ARE THE TERMS AND CONDITIONS ON WHICH YOU, AN INDIVIDUAL END USER, MAKE USE OF GOOD SOFTWARE INC’S (“GOOD”) RADCODER SOFTWARE-AS-A-SERVICE OFFERING.
BY ACCESSING RADCODER, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT USE RADCODER.
1. ACCESS TO RADCODER
1.1 You are hereby granted access to use RadCoder solely for your own personal use and in accordance with these Terms of Service.
1.2 GOOD may, at any time, without notice or liability, limit the availability of RadCoder in order to perform maintenance activities or technical support.
2. ACCEPTABLE USE AND COMPLIANCE WITH LAW
2.1 You shall not (a) sell, license, sublicense, lease, rent, or otherwise transfer rights to RadCoder to any third party; or (b) disclose or publish the results of any performance, functional, or other evaluation or benchmarking of RadCoder to any third party without written consent from GOOD.
2.2 You shall maintain the confidentiality and security of all credentials, including but not limited to, passwords, usernames and other identification. You shall use all reasonable efforts to prevent any unauthorized access to, or use of, RadCoder and, in the event of any such unauthorized access or use, you will promptly notify GOOD in writing.
2.3 Each party shall comply with all applicable laws, ordinances, rules and regulations, and shall obtain any and all permits, licenses, authorization, and/or certificates that may be required in any jurisdiction or any regulatory or administrative agency in connection with the use of RadCoder.
3. CHANGES TO THE SERVICE
GOOD reserves the right to update, upgrade, modify, change, improve, and/or redesign RadCoder at any time (“Product Changes”). GOOD will not make any Product Changes that materially impact the functionality of RadCoder during the then-current subscription term. Any and all subsequent updates, upgrades, revisions and changes to RadCoder shall be governed by these Terms of Service.
4. SUPPORT
GOOD provides e-mail support of both RadCoder functionality and coding issues, at admin@radcoder.com.
For coding issues, the preferred method of communication is by using the built-in emailing function available in the RadCoder user interface.
5. AUTORENEWAL
Upon expiration of the initial subscription term, your access to RadCoder will automatically renew for the same term as initially ordered unless you give notice of non-renewal at least thirty (30) days in advance of the renewal date. You agree to pay the fee applicable to any such renewal. These terms will continue to govern purchase of RadCoder for any subsequent subscription term.
6. PROPRIETARY RIGHTS
You acknowledge and agree that GOOD own all Intellectual Property Rights in RadCoder. Except as expressly stated herein, you are not granted any Intellectual Property Rights or any other rights or licenses with respect to RadCoder or accompanying Documentation.
7. NO LIABILITY
7.1 The RadCoder service is provided to you on an “as-is” basis.
7.2 You agree to release and hold harmless GOOD, its employees, officers, directors, agents, and subcontractors from and against any loss, interruptions, delays, claim costs, damages, and liability of any kind whatsoever, including without limitation, court costs, expenses, and attorney’s fees arising out of or in any way related to your use of RadCoder.
7.3 Best Efforts: Interventional Radiology coding is a complex domain with many “gray areas”, and although RadCoder’s coding rules engine has been, and is continuously being, validated for coding correctness, GOOD leaves no warranties to coding correctness and shall not be held responsible for any coding claims denials. You agree that the liability associated with the submission of claims and the accuracy thereof in addition to all repercussions related to the submission of claims lies solely with You. Should the law of any jurisdiction become applicable in this matter, You agree to waive any implied or express covenant of good faith and/or fair dealing, so that such laws are inapplicable in this matter.
8. FEEDBACK
You may from time to time provide suggestions, comments or other feedback to GOOD with respect to RadCoder or information provided by GOOD (“Feedback”). You agree that all Feedback is and shall be entirely voluntary and shall not create any confidentiality obligation for GOOD, unless so stipulated in a separate agreement.
However, GOOD shall not disclose the source of any feedback without your consent. GOOD shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind.
9. SUSPENSION OR TERMINATION OF ACCESS
9.1 Should you decide to cease use of RadCoder, you must immediately contact GOOD to cancel your subscription. Any subscription amounts prepaid are non-refundable.
9.2 GOOD may terminate your access to RadCoder with immediate effect and disable your access if: (a) you breach these Terms of Service; or (b) you infringe GOOD’s Intellectual Property Rights or make any unauthorized use of RadCoder.
10. TRIAL
10.1 If you are accessing RadCoder on a trial basis, GOOD will make RadCoder available at no charge for a period of up to 30 days. Trials are intended for evaluation purposes only and not for production use. These Terms of Service shall apply to your use of RadCoder during the trial period.
10.2 If you do not purchase a subscription to RadCoder at the end of the Trial Period, your access to RadCoder will be terminated.
10.3 You are only granted one free Trial Period. Attempts to initiate an additional free Trial Period are not permitted and will be rejected.
11. AMENDMENTS
GOOD may amend these Terms of Service at any time. GOOD will post a copy of the amended Terms of Service on the RadCoder web page. Your continued use of RadCoder after amendment will be considered as your acceptance of the amended Terms of Service.
12. ENTIRE AGREEMENT
Unless agreed otherwise in signed writing by GOOD, these Terms of Service contain the whole agreement between the parties and supersedes all prior agreements, arrangements and understandings between the parties.
13. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service shall be construed and interpreted in accordance with the laws of the province of British Columbia, Canada. Any action, suit or proceeding relating to these Terms of Service may be brought in the appropriate court located in Vancouver, BC, Canada and you hereby consent to such jurisdiction. The parties hereby irrevocably waive any and all rights to trial by jury in any legal proceedings arising out of or related to these Terms of Service or the transactions contemplated hereby.