MedInform, Inc.
Terms of Use
Acceptance of Terms
This Web Application is owned and maintained by MedInform, Inc. the parent company for Itemized Statements. MedInform, Inc. is licensed or otherwise approved to transact business located in various jurisdictions within the United States. This web Application (“Web Application”) provides users with access to an online collection of information and materials and certain online services (“Services”). These materials may include information on the Company’s services; links to password protected utilities for clients and other defined audiences; information resources provided as a convenience for clients, claimants, other service providers, and other claims and risk services professionals including but not limited to Company‐produced materials. Company news and publications; and other downloadable information and features offered by the MedInform, Inc. The Web Application also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Services, "Content"), and may provide access to certain proprietary software used in connection with navigating and utilizing the functionality offered through this Web Application ("Software"). This Web Application is intended for use only by authorized users.
PLEASE NOTE: Your access to and use of this Web Application is subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use you are not authorized to access or otherwise use this Web Application or any information, content, Services or Software contained on this Web Application. Your access to and use of this Web Application constitute your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Use may be changed, modified, supplemented or updated by MedInform, Inc. from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use this Web Application after such changes are posted. Unless otherwise indicated, any new Services, Content and Software added to this Web Application will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Web Application and these Terms of Use periodically for updates and changes.
Limited License and Application Access – MedInform, Inc. hereby grants you a limited license to access and make personal use of this Web Application but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MedInform, Inc. This license does not include any resale or commercial use of this Web Application or its Contents or Software; any collection and use of any listings, descriptions, or prices; any derivative use of this Web Application or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Web Application or any portion of this Web Application may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of MedInform, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MedInform, Inc. or its affiliates without their express written consent. You may not use any meta‐tags or any other "hidden text" utilizing any of the MedInform, Inc. name(s) or service marks without the express written consent of their owners. Any unauthorized use terminates the permission or license granted by MedInform, Inc.
This Web Application may provide certain summary descriptions or other helpful information regarding Services. MedInform, Inc. attempts to be as accurate as possible; however, any such materials are intended to generally describe the Services and are subject in all respects to the specific terms and conditions of the actual policy or service agreement to which they refer.
Copyright – Except as otherwise expressly stated, all Content and Software appearing on this Web Application are the copyrighted work of MedInform, Inc., their affiliates or third party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content and Software is also the exclusive property of MedInform, Inc., their affiliates and is protected by U.S. and international copyright laws.
You may download information from this Web Application and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Web Application, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of MedInform, Inc. or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by MedInform, Inc. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Neither MedInform, Inc. nor its affiliates warrant or represent that your use of Content, Services, Software or any other materials displayed on this Web Application will not infringe rights of third parties.
Trademarks and Service Marks – Certain trademarks, including "MedInform, Inc.", service marks of MedInform, Inc. or one of its subsidiaries. The domain name for this Web Application, logos, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of MedInform, Inc. or their affiliates. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Web Application are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Web Application without the prior written authorization of MedInform, Inc.
Ownership of information submitted via this Web Application – With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Statement) any information you transmit to MedInform, Inc. via this Web Application, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non‐confidential and non‐proprietary and will become the property of MedInform, Inc.. Such information may be used for any purpose, including but not limited to reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. MedInform, Inc. shall be free to use any ideas, concepts, know‐how, or techniques contained in any communication you send to MedInform, Inc. via this Web Application or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
Refunds and Cancellation
Fees are non‐refundable once a request is submitted.
Proprietary Software – Any Software accessible through this Web Application is the property of MedInform, Inc. or its suppliers and is protected by U.S. patent, trade secret, and copyright laws and international treaties. Any use of the Software by you other than as required to navigate and to utilize the intended functionality offered through this Web Application is prohibited. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software. Further, you agree not to access the Services or Content by any means other than the interface provided by MedInform, Inc. through this Web Application for your use in accessing the Services and Content.
The Software provided on this Web Application is owned by or licensed to MedInform, Inc., and may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You shall not copy, transfer or export such Software in violation of such applicable export laws and regulations. MedInform, Inc. does not authorize the downloading or exportation of any software or technical data from this Web Application to any jurisdiction prohibited by such export controls laws and regulations.
Connection Requirements – You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Web Application, and MedInform, Inc. reserves the right to change the access configuration of this Web Application at any time without prior notice.
Prohibited Use – Any use or attempted use of this Web Application (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Web Application, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by MedInform, Inc. to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by MedInform, Inc., or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Web Application, you agree you will not:
1. Upload or transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
2. Create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any MedInform, Inc. representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
4. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel‐bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
6. Use the Web Application’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
7. Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
8. Violate any applicable local, state, national or international law;
9. Upload or transmit any material that infringes any patent, trademark, service mark,
trade secret, copyright or other proprietary rights of any party;
10. Delete or revise any material posted by any other person or entity;
11. Manipulate or otherwise display the Web Application by using framing, mirroring or
similar navigational technology or directly link to any portion of the Web Application other than the main homepage in accordance with the Limited License and Application Access outlined above;
12. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Product or Service if you are not expressly authorized by such party to do so; or
13. Harvest or otherwise collect information about others, including e‐mail addresses.
MedInform, Inc. reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including but not limited to the suspension or termination of the user's access and/or account. MedInform, Inc. may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement, MedInform, Inc. reserves the right at all times to disclose any information as MedInform, Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MedInform, Inc.'s sole discretion.
Right to Monitor – MedInform, Inc. neither actively monitors general use of this Web Application under normal circumstances nor exercises editorial control over the content of any third party's web Application, electronic mail transmission, news group, or other material created or accessible over or through this Web Application. However, MedInform, Inc. does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in MedInform, Inc.'s sole discretion, may be illegal, may subject MedInform, Inc. to liability, may violate these Terms of Use, or are, in the sole discretion of MedInform, Inc., inconsistent with MedInform, Inc. purpose for this Web Application.
No Owner Editorial Control of Third Party Content; No Statement as to Accuracy – To the extent that any of the Content included in the Web Application is provided by third party content providers, MedInform, Inc. has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on this Web Application are those of such third party suppliers. MedInform, Inc. does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Web Application or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with MedInform, Inc.
Hyperlinks to Third Party Web Applications – This Web Application may contain hyperlinks to other Applications owned and operated by parties other than MedInform, Inc. Such hyperlinks are provided only for ready reference and ease of use. We do not control such web Applications and cannot be held responsible for their content or accuracy and do not endorse these Applications unless we specifically so state. In the event this Web Application provides hyperlinks to other web Applications that are not owned, operated or maintained by MedInform, Inc. or its affiliates, you acknowledge and agree that MedInform, Inc. is not responsible for and is not liable for the content, products, services or other materials on or available from such web Applications. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party web Applications or for any action you may take as a result of linking to any such web Application. Any such web Applications are likely to set forth specific terms of use and privacy policies that you should review. MedInform, Inc. is under no obligation to maintain any link on this Web Application and may remove a link at any time in its sole discretion for any reason whatsoever. Neither MedInform, Inc. nor its affiliates shall be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such web Application. MedInform, Inc. is not responsible for the privacy practices of any other web Applications.
Web Application Privacy Policy– Our Web Application Privacy Policy describes the details of MedInform, Inc. information practices and procedures for personal information we collect at the sections of this web Application to which the policy applies. We urge you to read our Web Application Privacy Policy.
Modification to Services – MedInform, Inc. may, at its discretion, modify or discontinue any of the Services, Content or Software, or any portion thereof, with or without notice. Neither MedInform, Inc. nor its affiliates will be liable to you or any third party for any modification or discontinuance of any of the Services, Content or Software.
Disclaimer – Information contained on this Web Application has been prepared by MedInform, Inc. as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. MedInform, Inc. has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to this Web Application or any other Web Application maintained by MedInform, Inc. Users relying on information from this Web Application do so at their own risk.

The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Services, but are provided solely for general informational purposes; please refer to the actual policy or the relevant services agreement for complete terms, exclusions and conditions. Should you purchase a MedInform, Inc. service from MedInform, Inc. or a third party, the terms and conditions applicable to that transaction will govern such purchase, and your use of this Web Application does not affect that purchase in any manner.
YOUR USE OF THIS WEB APPLICATION IS AT YOUR SOLE RISK. ALL SERVICES, CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND MEDINFORM, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MEDINFORM, INC. MAKES NO WARRANTY THAT THE SERVICES, CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS‐FREE OR ERROR‐FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT MEDINFORM, INC. WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF MEDINFORM, INC. HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB APPLICATION, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEB APPLICATION, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEB APPLICATION, SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB APPLICATION IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE MEDINFORM, INC. AND ITS AFFILIATES OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEB APPLICATION.
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, therefore, some of the limitations above may not apply to you.
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.
Notices – Any notices to you from MedInform, Inc. regarding the Web Application or these Terms of Use will be posted on this Web Application or made by e‐mail or regular mail.
ELECTRONIC COMMUNICATIONS
When you visit this Web Application or send e‐mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e‐mail or by posting notices on this Web Application. 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.
General Provisions
Entire Agreement – These Terms of Use, the Privacy Statement, and other policies MedInform, Inc. may post on this Web Application constitute the entire agreement between MedInform, Inc. and you in connection with your use of this Web Application and the Content, Services and Software, and supersedes any prior agreements between MedInform, Inc. and you regarding use of this Web Application, including prior versions of these Terms of Use. MedInform, Inc. may update these Terms of Use from time to time by posting revised Terms of Use on this Web Application, without notice to you, and your subsequent use of the Web Application indicates your acceptance of and is governed by those new Terms of Use. These Terms of Use are effective until terminated or updated by MedInform, Inc., at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in the Terms of Use will survive. These Terms of Use will be deemed to include all other notices, policies, disclaimers and other terms contained in this Web Application; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Use, these Terms of Use will control.
Age and Location of User – All information and content available on this Web Application are solely directed to individuals 18 years of age or older residing in the United States. MedInform, Inc. makes no representation that the Content, information, products, Services or Software are available for use outside of the United States. Any use of the Services, Content and Software is prohibited where they are not allowed by law.
This Web Application Contains A Binding Arbitration Provision Which May Be Enforced By The Parties
Dispute Resolution – Any controversy or claim arising out of or relating to these Terms of Use, our Privacy Statement, or use of this Web Application shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate MedInform, Inc.’s intellectual property rights, MedInform, Inc. may seek injunctive or other appropriate relief in any state or federal court in Ohio, and you consent to exclusive jurisdiction and venue in such courts. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cleveland, Ohio, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in that city, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or MedInform, Inc. may seek any interim or preliminary relief from a State or federal court of competent jurisdiction in that city, as may be necessary to protect the rights or property of you or MedInform, Inc. pending the completion of arbitration. You agree that any action to enforce this arbitration provision will be brought in the federal or state courts located in that city.
Governing Law; Jurisdiction; Venue; Severability of Provisions – The Terms of Use are governed by the laws of Ohio, USA and controlling United States Federal Law without regard to any conflicts of law provisions. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
Password Accounts, Passwords, and Security
If you have been given the option to open an account on this Web Application which will provide you with access to password protected portions of the Web Application and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify MedInform, Inc. of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. MedInform, Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MedInform, Inc. or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.