SimCode ACLS™ Additional Terms

Updated May 4th, 2010

By using the simcodeacls.com web site (“Service”), a service of Transcension HealthCare LLC, you are agreeing to be bound by the following terms and conditions (“Additional Terms”) which are in addition to the Universal Terms described at http://www.simcodeacls.com/terms_of_service.php. The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Transcension HealthCare in relation to your use of the Service. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms". If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

Transcension HealthCare reserves the right to update and change the Terms from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Additional Terms at any time at: http://www.simcodeacls.com/tos_add_simcode.php

Violation of any of the terms below will result in the termination of your Account.

Account Terms

  1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  2. Your login may only be used by one person – a single login shared by multiple people is not permitted unless otherwise agreed in writing with Transcension HealthCare.
  3. You are responsible for maintaining the security of your account and password. Transcension HealthCare cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  4. You are responsible for all Content posted and activity that occurs under your account.
  5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

  1. The Service is billed in advance at a frequency selected by you from a list of available options (e.g. monthly, every 3 months, every 6 months, etc.) and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  3. For any upgrade or downgrade in plan level, you will be automatically charged the new rate on your next billing cycle.
  4. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Transcension HealthCare does not accept any liability for such loss.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email, support request, or phone request to cancel your account is not considered cancellation unless you did not pay with a Paypal account. If you paid with a Paypal account, you can cancel your account at any time by using the cancellation link available on the Account Screen which can be accessed by clicking on the Account tab in the navigation bar at the top of the screen. If you did not pay with a Paypal account, you can contact Customer Service via the support form to cancel your subscription. There may be a delay between contacting customer service to cancel your subscription and the actual cancellation. However, cancellation requests will be honored based on the time the request is received in our system.
  2. All of your Content may be deleted from the Service upon cancellation. This information can not be recovered once it is deleted.
  3. If you cancel the Service before the end of your current paid up billing cycle, your cancellation will take effect immediately and you will not be charged again. You will still be able to use the Service until the end of the current paid up billing cycle.
  4. Transcension HealthCare, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Transcension HealthCare service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Transcension HealthCare reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. Transcension HealthCare reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to recurring subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the SimCode ACLS™ site (simcodeacls.com) or the Service itself.
  3. Transcension HealthCare shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via e-mail.
  3. You understand that Transcension HealthCare uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Transcension HealthCare, or any other Transcension HealthCare service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Transcension HealthCare.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Transcension HealthCare customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. Transcension HealthCare does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  12. You expressly understand and agree that Transcension HealthCare shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Transcension HealthCare has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  13. The failure of Transcension HealthCare to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between you and Transcension HealthCare and govern your use of the Service, superceding any prior agreements between you and Transcension HealthCare (including, but not limited to, any prior versions of the Terms).
  14. Questions about the Terms should be sent to support at simcodeacls dot com.
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