Health Reform Connect^SM

Terms, Conditions, and Privacy Policy

Krieg DeVault LLP ("Firm") owns this webpage - http://www.kriegdevault.com/health_care_reform/ - and related pages which we have developed (collectively, the "HRC Webpage") and is making it available to you free-of-charge. The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using our HRC Webpage. The terms "we", "us", and "our" and similar terms refer to the Firm and our affiliates. This page states the Terms, Conditions and Privacy Policy which govern your use of our HRC Webpage. Your accessing, viewing, browsing and/or using our HRC Webpage constitutes your acceptance and agreement to these Terms, Conditions and Privacy Policy, whether or not you actually reviewed them. If you violate any of the terms of these Terms, Conditions and Privacy Policy, you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using our HRC Webpage. PLEASE READ THESE TERMS, CONDITIONS AND PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR OTHERWISE ACCESS THE HRC WEBPAGE. All Information is General in Nature; No Attorney-Client Relationship The information and services on our HRC Webpage are not intended to be and shall not be used as legal advice, and therefore, your use of our HRC Webpage does not establish an attorney-client relationship. By submitting a query on our HRC Webpage, you are asking us to provide you with your identified parts of information we have prepared with respect to the Patient Protection and Affordable Care Act and the Health Care Education and Reconciliation Act (together, hereinafter referred to as the "Affordable Care Act"), including, without limitation: Initial Lists, Provision Kits, and Health Reform Guides (collectively "HRC Query Result Content"). The HRC Query Result Content that we provide to you as a result of your query is strictly meant to serve only as general information and is not meant to represent legal advice. Instead, if you are seeking guidance relating specifically to you or your organization, you should consult with your attorney. Our response to your Health Reform ConnectSM query in no way represents the establishment of an attorney-client relationship, and we encourage you to consult with your own attorney for specific advice that may be needed. Use of our HRC Webpage and its contents and information shall be at your own risk. In some jurisdictions, our HRC Webpage may be considered advertising material. Submissions Not Confidential Should you chose to contact the Firm (through email, the HRC Webpage, or other means of communication), do not disclose information you consider to be confidential until the Firm verifies that it does not represent other persons or entities involved and that the Firm is willing to consider accepting representation. By contacting the Firm online or via the HRC Webpage, an attorney-client relationship is not established and therefore the information will not be treated as confidential under the ethical rules. Health Reform ConnectSM - Query Results and Update Service Once you submit a query on our HRC Webpage, we conduct a search of our Health Reform ConnectSM database which contains various categories of information with respect to each provision contained in the Affordable Care Act. Included in this information are "tags" we have applied to each provision, such as organizational types that may be affected by a given provision, and the general topic categories of each provision. These tags directly correlate to the check boxes listed on our Health Reform ConnectSM survey page. Therefore, when you check a box or set of boxes on the Health Reform ConnectSM survey page, and you submit your query, we search our Health Reform ConnectSM database for the tags related to the check boxes you selected. This is how we formulate our response to your query. We do not analyze the facts or scenarios that specifically relate to you or your organization. We do not provide any assurance or guarantee that the results returned to you will be fully relevant to your organization or that our response to your query will include all possible health reform law sections that are relevant to you or your organization. In your purchase of HRC Query Result Content, you may be also purchasing an email update service with respect to some or all of the content you have purchased. On a regular basis, we review websites that feature content published by certain Federal government agencies and sub-agencies and that we have identified to be relevant to and useful with respect to the Affordable Care Act. The websites we review may change from time to time, depending on our commercial judgment that a more appropriate or useful website becomes available. We update our Health Reform ConnectSM database on a regular basis to include hyperlinks to source materials of which we become aware and which in our commercial judgment we determine to be relevant to the Affordable Care Act and which are published by certain relevant Federal government agencies. The materials added to our database may include, without limitation, Federal agency source materials such as Federal grant announcements and Federal agency notices and regulations that originate from a specific section of the Affordable Care Act. To the extent that we determine in our commercial judgment that a given Federal agency source material serves to complement one of the HRC Query Result Contents, we will use reasonable efforts to update such content not later than two weeks after we identify the given Federal agency source material. If you have purchased a Provision Kit, and that Provision Kit has been updated, during the life of your update service (which depends on when you purchased the given Provision Kit or any subsequent additional update service package), we will then send to you an email containing the updated HRC Query Result Content you originally purchased. In other words, if we never update the HRC Query Result Content you purchased because no Federal agency source materials are published which we find to be relevant to that content, you will not receive any updates. General Privacy Terms Your privacy is very important to us. Accordingly, we have developed these Terms, Conditions and Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. Your use of our HRC Webpage is subject to these Terms, Conditions and Privacy Policy. We may periodically make changes to these Terms, Conditions and Privacy Policy which will be included on this page. It is your responsibility to review these Terms, Conditions and Privacy Policy frequently and remain informed about any changes to them, so we encourage you to visit this page often. By using our HRC Webpage, you agree to these Terms, Conditions and Privacy Policy. These are our entire and exclusive Terms, Conditions and Privacy Policy and they supersede any earlier version. Information About You That We Collect You may choose to provide personally identifiable information about you (such as your name, address, telephone number and email address) on our HRC Webpage, as well as to us via various other tangible and intangible communications. We have taken reasonable steps to protect the integrity and confidentiality of personally identifiable information about you ("your information") that you may provide. However, you may use our HRC Webpage without disclosing your information, and other than as we describe later in this Policy, we will not obtain such information about you unless you choose to submit it to us. Whether you choose to provide your information is up to you, but if you choose not to provide such information, some features from our HRC Webpage may not be available to you. If you choose to submit to us a query on our Health Reform ConnectSM survey page, you will be required to provide us with certain personally identifiable information. We will use this information in order to respond to your query submission, and we may also use it in accordance with our Terms, Conditions and Privacy Policy. As you browse our HRC Webpage, we may gather navigational and clickstream data that shows what pages are visited and how long various features are used. (This refers generally to data about your activity on our HRC Webpage such as the pages you visit, the sequence in which you click on various pages or links on our HRC Webpage in order to navigate on the HRC Webpage, and how long you remain on a page.) This information will not reveal your identity or be linked to you personally, though we may be able to identify you as a visitor to the HRC Webpage if you accessed it through a link provided in other communications which we have sent to you. We also collect certain aggregate and non-personal information when you visit our HRC Webpage, such as the times of day you visit our HRC Webpage, how long you remain on our HRC Webpage, how many users visit our HRC Webpage and the pages accessed. Aggregate and non-personal information does not relate to a single identifiable visitor. By collecting this information, we learn how to best tailor our HRC Webpage to our visitors. We collect this information either through "cookie" technology or with similar technology, as explained below. General Privacy Principles We Have Adopted We have adopted the following guiding principles regarding the collection and handling of your personal and private information. We may change these principles periodically and will update these Terms, Conditions and Privacy Policy if these are changed. • We will collect and use your information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain your consent or as required by law. • We will only retain personal information as long as necessary for the fulfillment of those purposes or as may be legally required by the Rules of Professional Conduct and other applicable laws. • We will collect personal information by lawful and fair means and, where appropriate, with your knowledge or consent. • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. • We will make readily available to site users information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure to the extent reasonable that the privacy of personal information is protected and maintained. How We Use Your Information Any information you submit will be used by us for our own internal purposes as we describe in these Terms, Conditions and Privacy Policy. Submission of your information authorizes such internal use by us and our employees. If you provide us your email address, you authorize us to contact you via email. We use this information to facilitate and improve your use of our HRC Webpage, to communicate with you, for internal purposes and to comply with any requirements of law. This information may be disclosed to our staff involved in the analysis and support of your use of the HRC Webpage. We do not sell and, without your permission, will not divulge any of the personal information which you provide to us to other third parties other than as specified in these Terms, Conditions and Privacy Policy unless we are legally entitled or obliged to do so (for example, if required to do so by Court order or for the purposes of prevention of fraud or other crime). We also use this information to respond to any questions you might have and to send you emails and other communications with information about our products and services. We may send this by email or by direct mail. We may disclose your information if necessary to protect our legal rights, if the information relates to actual or threatened harmful conduct, or we have good faith belief that such action is necessary to: (1) conform to the requirements of law or our ethical obligations or comply with governmental orders, court orders, or legal process served on us; or (2) protect and defend our property or other rights, the users of the HRC Webpage or the public. This may include exchanging information with other companies and organizations for fraud protection and credit risk protection. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. This includes physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of any information about you that is provided through use of our HRC Webpage. Even though no computer system is completely secure, we believe the measures implemented by our HRC Webpage are reasonable and reduce the likelihood of security problems to a level appropriate to the type of data involved. Use of Cookies and Similar Technology Browser cookies are bits of text that are placed on your computer’s hard drive when you visit certain web sites. At this point, we do not use cookies or similar tracking technology. However, we may determine to use cookies or similar technology in the future. If we do, we would be able to tell, for example, whether you’ve visited our website before or if you’re a new visitor and to help us identify HRC Webpage features in which you may have the greatest interest. Browser cookies may enhance your online experience by saving your preferences while you are visiting a particular HRC Webpage. The "help" portion of the toolbar on most browsers will tell you how to stop accepting new browser cookies, how to be notified when you receive a new browser cookie, and how to disable existing browser cookies. Remember though, without browser cookies, you may not be able to take full advantage of all our HRC Webpage features. We may at some time in the future also use similar technology that may be developed for similar purposes, but any use of your information that is gathered with this technology will be subject to these Terms, Conditions and Privacy Policy. Privacy Concerns Relating to Third Party Websites Our HRC Webpage may contain links to third party websites. Clicking on a third party link essentially takes you to that third party’s website. We are not responsible for the accurate transfer to the third party’s website or for the privacy practices or the content of such website even if you access them using links from our HRC Webpage. We make no representation or warranty as to the effectiveness, quality, legitimacy or data protections of any third party website. Your use of these third party websites is entirely at your own risk. We recommend that you check the privacy and security policy of each website you visit. Privacy Questions If you have any questions about our Terms, Conditions and Privacy Policy, or if you wish to correct or remove any of your information that you have submitted to our HRC Webpage, please email us at: privacyofficer@kdlegal.com, or write to us at: Krieg DeVault LLP One Indiana Square, Suite 2800 Indianapolis, Indiana 46204 Attn: Privacy Officer We will make reasonable efforts to comply with your requests. Copyright Our HRC Webpage contains and/or provides access to HRC Query Result Content, as well as other information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "HRC Content"), which are protected by the US Copyright Act, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All HRC Content is copyrighted. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the HRC Content, in whole or in part. Except with as provided in the next paragraph, you may make single copies of portions of the HRC Content, provided that the copies are made only for your personal use and that you maintain any copyright notices contained in the HRC Content. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. Copyright Act (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to "fair dealing" under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way HRC Content protected by copyright without obtaining permission of the owner of the copyright. Specifically with respect to HRC Query Result Content you obtain by submitting a query through our HRC Webpage, such contents are protected by the US Copyright Act. Certain hyperlinks within the HRC Query Result Content ("HRC Hyperlinks") are being provided under Copyright Licenses from the owners of the hyperlinked contents, which are also protected by the US Copyright Act. Access to the HRC Query Result Content and HRC Hyperlinks is being provided solely for the non-commercial use of the recipients, and by acquiring access to the HRC Query Result Content, the recipients are acknowledging that the contents and HRC Hyperlinks included in such content will be used by the recipients solely for their personal and non-commercial purposes. Nothing contained on our HRC Webpage should be construed as granting any license or right to use our HRC Webpage or any information displayed on our HRC Webpage, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms, Conditions and Privacy Policy; or (b) with our prior written permission. Trademarks Health Reform ConnectSM and other marks that may or may not be designated on our HRC Webpage by a "™" "®" "SM", are registered, pending registration, or are unregistered common law trademarks or service marks of the Firm, in the United States. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks and trade dress of the Firm. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on our HRC Webpage are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us. Intellectual Property Infringement In certain instances, our HRC Webpage features information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material of third-party content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, "Third Party Associates") (collectively, "Third Party Content"). In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Third Party Content posted on or transmitted through our HRC Webpage, or items advertised on our HRC Webpage, by our Third Party Associates. If you believe that your rights under intellectual property laws are being violated by any Third Party Content posted on or transmitted through our HRC Webpage, or items advertised on our HRC Webpage, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Third Party Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to our HRC Webpage. In order for us to investigate your claim of infringement, you must provide us with the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. A description of the copyrighted work or other intellectual property that you believe has been infringed; 3. A description of where the material that you claim is infringing is located or identified on our HRC Webpage; Your name, address, telephone number, and e-mail address; 4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and 5. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property. The above information should be provided to: By mail: Krieg DeVault LLP One Indiana Square, Suite 2800 Indianapolis, Indiana 46204 Attn: Executive Director By phone: (317) 636-4341 By e-mail: econdra@kdlegal.com Links We are not responsible for the content of any sites that may be linked to or from our HRC Webpage. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from our HRC Webpage or which directs you to our HRC Webpage are independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party. HRC Webpage Access You may not download (other than page caching) or modify our HRC Webpage or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of our HRC Webpage, HRC Query Result Content and HRC Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of our HRC Webpage or its content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The HRC Webpage or any portion of our HRC Webpage may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. 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 ours or our Third Party Associates without our express, prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent. Online Conduct You agree to use our HRC Webpage only for lawful purposes, and you agree to comply with all applicable laws related to the use of our HRC Webpage. Our HRC Webpage may provide links to a blog or other public forum for posting comments or communicating with others who desire to participate in these public forums. We do not monitor each of those forums. Use of such forums is at your sole risk. We disclaim any liability for any items which we do not post on such forums. We reserve the right to prohibit conduct, communication, or other Third Party Content that we deem in our sole discretion to be unlawful or harmful to you, our HRC Webpage, HRC Webpage users, our customers or any rights of ours or any third party. Notwithstanding the foregoing, neither we nor our Third Party Associates can ensure prompt removal of questionable Third Party Content after online posting. Accordingly, neither we nor our Third Party Associates assume any liability for any action or inaction with respect to conduct, communication, or Third Party Content on our HRC Webpage. Your rights to use this HRC Webpage may be further limited by federal law or the laws or regulations in your particular state or locality. Termination of Usage We may terminate your access or suspend your right to access to all or part of our HRC Webpage, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms, Conditions and Privacy Policy or is harmful to the interests of other users, our Third Party Associates, or us. Usage by Minors This HRC Webpage is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using our HRC Webpage, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading. Disputes If you access our HRC Webpage from within the United States, any dispute relating in any way to your visit to our HRC Webpage, to these Terms, Conditions and Privacy Policy, to our advertising practices or to products you purchase through our HRC Webpage shall be submitted to confidential arbitration in Indianapolis, Indiana, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Indiana, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms, Conditions and Privacy Policy shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms, Conditions and Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms, Conditions and Privacy Policy, whether through class arbitration proceedings or otherwise. Authority By using our HRC Webpage, you represent that you have the authority to do so and that any purchases of the HRC Query Result Content are authorized and binding on you, if acting individually, or on the entity you represent if you are acting on behalf of an entity. Disclaimer TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS HRC WEBPAGE AND ITS CONTENTS, AND ANY SITE TO WHICH IT IS LINKED, ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. FURTHER, THE FIRM DOES NOT WARRANT THAT THIS HRC WEBPAGE OR ITS CONTENTS WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS OR WILL BE VIRUS-FREE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. THE FIRM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, COMPLETENESS, RELEVANCE, TIMELINESS OR OTHERWISE. Limitations In no event shall we be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption or incidental, special or consequential damages) arising out of the use or inability to use the materials on our HRC Webpage, even if we have been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Revisions and Errata The materials appearing on our HRC Webpage could include technical, typographical, or photographic errors. We do not warrant that any of the materials on our HRC Webpage are accurate, complete, or current. We may make changes to the materials contained on our HRC Webpage at any time without notice. However, with the exception of HRC Query Result Content obtained through a Health Reform ConnectSM query submission, the Firm does not make any commitment to update the materials. Terms of Use Modifications We may revise these Terms, Conditions and Privacy Policy and other HRC Content at any time without notice. By using our HRC Webpage, you are agreeing to be bound by the then current version of these Terms, Conditions and Privacy Policy. As such, you should check these Terms, Conditions and Privacy Policy periodically. At the bottom of this page, we will notify you of the date these Terms, Conditions and Privacy Policy were last updated. Governing Law Use of our HRC Webpage is subject to the laws of the State of Indiana, USA, which is the State in which our principal offices are based. Our Terms, Conditions and Privacy Policy are intended to comply with all applicable laws of the State of Indiana and the laws of the United States. Your use of our HRC Webpage, even if you are outside of the United States, gives your consent to these laws applying. Any claim relating to our HRC Webpage shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. The courts of the State of Indiana shall have exclusive jurisdiction over any disputes (other than those subject to arbitration as provided above), and you consent to the venue of such courts. These Terms, Conditions and Privacy Policy were updated on September 22, 2010.