TCI uses reasonable efforts to maximize system availability. TCI shall make a reasonable effort to correct any technical difficulties that may arise with the Services; however, TCI does not guarantee that the Services will be uninterrupted or error-free. TCI is not responsible for any technical difficulties resulting from the World Wide Web, Internet access, computer hardware or software.
TCI may change, suspend, or discontinue all or any aspect of the Services at any time, including the availability of any Service feature, database, or content, without prior notice or liability.
Access to Services features may require an active paid subscription account ("Subscription"). You authorize TCI to charge the credit card account designated during your Subscription creation process the fees, and any applicable tax, at the recurring term interval chosen by you. You are responsible for any additional charges associated with using the Services, including, but not limited to, any telephone or Internet service provider charges.
Fees paid for any Subscription term are paid in advance and are not refundable in whole or in part. You may terminate your Subscription at any time and continue using the Services until the expiration of your pre-paid term.
Free or discounted trial Subscriptions to the Services, and your ability to participate in such trials, are offered at TCI's discretion. By participating in any trial, you agree to the terms spelled out at the time of acceptance, including payment of subsequent fees that may be charged if you do not cancel the trial Subscription before the end of the designated trial period.
You hereby indemnify and hold TCI, and all of its officers, directors, employees, owners, agents, information providers, affiliates, and licensors (collectively, "Representatives") harmless from and against all claims, suits, liability, losses, costs, and expenses (including attorney's fees) incurred by TCI or any Representative in connection with any claim arising out of:
The Services may contain links to sites on the Internet that are owned by third parties (the "External Sites"). You acknowledge that TCI is not responsible for the availability of, the content located through, or any services provided by any External Site.
From time-to-time, TCI may send information on related products and services to its existing customers/subscribers. Any personal information you provide - name, address, email address, phone number, etc. allows us to inform you about updates to the Services and to notify you of products and services that may be of interest to you. We give you the opportunity to decline receiving these internal and/or external offers. To opt out of these notices, click the opt-out link which can be found at the bottom of any such message you receive from us.
Transactional notices such as invoices, statements, or new issue notices etc. will continue to be sent over the course of business in compliance with all related regulations. You may also specifically stop such transactional notices by contacting customer service to request this and by providing suitable other means of communicating your transaction/order details with you.
The services and the content are provided on an "as is, as available" basis. None of tci, third party content providers or their respective agents make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability, noninfringement or fitness for a particular purpose, with respect to the services, site or any content. You expressly agree that the entire risk as to the quality and performance of the services and the accuracy or completeness of the content is assumed solely by you. Neither tci nor any provider of third party content or their respective agents warrants that the service will be uninterrupted or error-free; nor does tci, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the services or the content.
Neither tci, any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the services, even if such party has been advised of the possibility of such damages.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of TCIi, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
Reasonable attempts have been made to provide accurate Content. However, of necessity, examples cited and advice given must be general in nature and may not apply to any particular case. Clinical and other circumstances may differ between cases and thereby affect coding. Neither TCI nor its publisher, editors, board members, contributors and consultants warrant or guarantee that any Content related to coding or compliance will be applicable or appropriate in any particular situation. For information tailored to your specific circumstances, consult a qualified professional.
In the event TCI determines, in its sole discretion, that you have violated this Agreement, TCI shall have the right to immediately suspend your access to the Site and Services without prior notice to you, and/or pursue any other remedies available to it under applicable law.
Any controversy or claim arising out of or relating to this Agreement or the Services shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Durham, North Carolina, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, TCI may seek injunctive or other equitable relief from a court of competent jurisdiction, necessary to protect the rights or the property of TCI (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
TCI's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Agreement, including all terms, agreements, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and TCI and govern your use of the Site and Services, superseding any prior agreements, documents or communications relating to the subject matter of this Agreement. This Agreement is governed by the laws of North Carolina, USA, without regarding to its internal rules regarding conflicts of law.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in effect.
TCI shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of TCI, including but not limited to governmental action or acts of terrorism, war, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.