Legal Notice

TERMS OF USE AGREEMENT BETWEEN YOU AND COBIUS HEALTHCARE SOLUTIONS, LLC

By accessing the Cobius.com website (the “Website”), 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 the Website.

Restrictions on Use

You may use the Website only if you accept, without change, all the terms and conditions in this Agreement. Your use of the Website constitutes your agreement to all such terms and conditions.

Personal and Non-commercial Use Limitation

Unless otherwise specified, the Website and all information it contains are for your personal, non-commercial use. You may not copy, distribute, modify, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, documentation, software, products or services obtained from this Website. You may download information and documentation for your personal, non-commercial use only as long as you keep intact all copyright, trademark and proprietary notices.

No Unlawful or Prohibited Use

As a condition of using the Website, you warrant to Cobius that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website in any manner that can damage, disable, overburden, or impair the Website or interfere with another party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information using any means not intentionally made available or provided for through the Website.

Changes to the Website and These Terms of Use

Cobius reserves the right to change, at any time and without prior notice, any portion of the Website. These changes may include, without limitation, altering the terms and conditions under which you may use the Website, correcting errors or omissions, and changing the materials, products, services, programs and prices (if any) described in the Website. You are responsible for checking regularly to review these terms and conditions, including any changes to them.

User Representations

You represent and warrant that you are at least 18 years of age and that you possess the legal ability to enter into this Agreement and to use the Website in accordance with the terms and conditions of this Agreement. You agree to be financially responsible for your use of the Website and for the use of any account by others, including minors living with you and to comply with your responsibilities and obligations as stated in this Agreement. If you have agreed to allow your minor child, or a person for whom you are the legal guardian to use or register with the Website, you agree to be solely responsible for: (a) the on-line conduct of such user, (b) the monitoring of such user’s access to and use of the Website; and (c) the consequences of such use by such user.

Links to Third Party Sites

The Website may contain links to other websites (“Linked Sites”). Cobius provides these links only as a convenience to you. Cobius does not control Linked Sites. Their inclusion is not an endorsement by Cobius of the Linked Site or any association with its operators. Cobius is not responsible for the content of Linked Sites or of any link contained in a Linked Site, or any changes or updates to a Linked Site. Cobius is not responsible for webcasting or any other form of transmission received from any Linked Site.

Termination/Access Restriction

Cobius reserves the right, in its sole discretion, to terminate your access to the Website, the related services or any portion thereof at any time, without notice.

Copyright, Patent and Trademark Notices

All contents of the Website are owned and copyrighted by Cobius Healthcare Solutions, LLC. All rights are reserved. By furnishing information, Cobius does not grant any licenses to any copyrights, trademarks, patents or any other intellectual property rights to the contents of the Website. Material found on the Website may contain valuable properties and trade secrets of Cobius, embodying substantial creative efforts and confidential information, ideas, and expressions, no part of which may be reproduced or transmitted in any form or by any means, or retained in any storage or retrieval without the express written permission of Cobius. Without limitation, the following are trademarks of Cobius: Coding Manager; Abstract Manager; Completion Manager; Release Manager, Disclosure Manager; Cobius EMR; Cobius EMR Solution; ED Manager; and Paperless Business Office. All other trademarks referenced herein are the property of their respective owners. Any rights not expressly granted in this Agreement are reserved for Cobius Healthcare Solutions, LLC.

Confidential Information from You

Cobius does not want to receive confidential or proprietary information from you through the Website. Please note that any information or material sent to Cobius through the website will be deemed to be NOT confidential. All confidential information should be sent to Cobius. Cobius’ privacy policy is contained on this Website.

DISCLAIMER

THIS WEBSITE, THE INFORMATION IT DISPLAYS OR REFERENCES, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS”, WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. COBIUS DOES NOT WARRANT OR ASSUME ANY RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. YOU AGREE THAT ANY RELIANCE ON INFORMATION OF ANY KIND IN THE WEBSITE, INCLUDING, WITHOUT LIMITATION, OPINIONS AND ADVICE, IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

COBIUS’ OBLIGATIONS WITH RESPECT TO ITS PRODUCTS AND SERVICES DESCRIBED IN THE WEBSITE ARE GOVERNED SOLELY BY THE AGREEMENTS UNDER WHICH THEY ARE PROVIDED. IN NO EVENT WILL COBIUS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION BUSINESS INTERRUPTION, ANY LOST PROFITS, OR LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, OR FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF COBIUS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE. YOU AGREE THAT NEITHER COBIUS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, OR SUPPLIERS HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE WEBSITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST COBIUS,ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF COBIUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES WILL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED.

Notice

Cobius may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Website, or by written communication delivered by mail to your address on record with Cobius.

Miscellaneous

This Agreement is governed by the laws of the State of Illinois. You hereby consent to the exclusive jurisdiction and venue of the courts of Cook County, Illinois in all disputes arising from or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including the limitations in this paragraph. Any cause of action you may have with respect to Cobius must be commenced within six months after the claim or cause or action arises. Cobius’ failure to enforce strict performance of any provision of this Agreement will not be construed as a waiver of that provision or right. Neither the course of conduct between the parties nor any trade practice will alter any provision of this Agreement. Cobius may assign its rights and duties under this Agreement to any party at any time without notice to you. You agree that no joint venture, partnership, employment or agency relationship exists between you and Cobius as a result of this Agreement or use of the Website. If any part of this Agreement is determined to be invalid or unenforceable, including, without limitation, the warranty disclaimer and liability limitations above, the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision; the remainder of this Agreement will continue in effect. Unless specified otherwise, this Agreement constitutes the entire agreement between Cobius and you with respect to the Website. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained.