ZHealth Online Member Agreement
The ZHealth Publishing (ZHP) Online Member Agreement is a legal document that details your rights and obligations as a ZHP Online member. You cannot become a ZHP Online Member until you have accepted the terms of the Member Agreement. The Member Agreement provides very important information about your ZHP membership, so you should take the time to read and understand it.
If you have questions about the Member Agreement, or about your rights and responsibilities as a ZHP Online member, please contact us by e-mail by clicking here. You should also take the time to review the ZHP Privacy Policy and the ZHP Community Guidelines, which reflect ZHP’s current policies. The Internet and online world is changing rapidly and as technology and ZHP’s business continue to evolve, these policies may have to be updated or revised. Since these Privacy Policies and Community Guidelines may change, you should visit the ZHP Guidelines section regularly.
For the same reasons, it may be necessary for ZHP to update or revise certain provisions of the Member Agreement. By joining ZHP Online and accepting the Member Agreement you agree that ZHP may change the terms of this Member Agreement. If ZHP makes material changes or revisions to the Member Agreement, we will provide notice to you thirty days in advance. If you don’t agree to the changes proposed by ZHP, or to any of the terms in this Member Agreement, your only remedy is to cancel your ZHP Online membership.
1. THE BASICS OF YOUR ZHP MEMBERSHIP
This Agreement is your entire agreement with ZHP and governs your use of the ZHP Online Internet service. To access the ZHP Online service you must accept the terms of this Agreement and comply with the ZHP Community Guidelines. To be a ZHP member, you must be at least 18 years old.
When you accept this Agreement and complete the ZHP registration process, you become the "master account" holder, and ZHP provides you with a limited, non-exclusive license for no more than the term of your membership to use the user name you select for your "master account." Your user name is your online identity. You may not use a user name that is used by someone else, and your user name cannot be vulgar, or be used in any way that violates the other parts of the Member Agreement or the Community Guidelines.
As the master account holder, you are responsible for all activity on your account and violations or warnings can lead to termination of the master account. Each account is authorized for use solely by the named person that was registered with the account, and the account is not to be used by others. It is important that you not reveal your password to other users and ZHP will never ask you for your password. You agree not to reveal your password to other users and you agree to indemnify and hold ZHP harmless for any improper or illegal use of your account. Your account is at risk if you let someone use it. If your membership is terminated for violating this Agreement or the Community Guidelines, ZHP’s express permission will be necessary before you are allowed to use ZHP Online again.
2. CHARGES & BILLING
ZHP reserves the right to change our fees or billing methods at any time that would apply to future renewal terms, except to the extent that guaranteed pricing has been provided subject to certain promotional offerings, and ZHP will provide notice of any such change at least thirty days in advance in the same manner described above for changes to the Member Agreement. ZHP also has the right to collect applicable taxes should your membership be subject to taxation. The answers to many common billing questions can be found by going to the section entitled “ZHealth FAQ” or you can email us at info@zhealthpublishing.com. If you don’t like the changes in fees or billing methods, you may cancel your membership at any time, but ZHP will not refund any remaining portion of the fees for any remaining membership term when you cancel your membership.
As the master account holder, you are responsible for all charges incurred, including applicable taxes and purchases made by you. This means that, unless your account or credit card information is obtained unlawfully or fraudulently, you will be responsible for all usage and purchases under your account.
Most members pay by credit card. For most billing plans we will be charging your designated card every month or each year depending on the membership plan option you choose, but some charges may accumulate on your account before they are charged to your card. Every time you use ZHP Online, you re-affirm that ZHP is authorized to charge your credit card, depending on which payment method you have selected. You also agree to authorize ZHP to charge purchases you make online to the credit card you supplied to ZHP when you joined during the registration process. We expect you to pay your account balance on time. We will give you 30 days from the date on your account statement to pay your bill. ZHP will assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that ZHP may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel your membership or are terminated. You should let us know about any billing problems or discrepancies within 60 days after they first appear on your account statement. If you do not bring them to ZHP’s attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies.
3. ONLINE CONDUCT AND CONTENT
Content
By content, we mean the text, software, communications, images, sounds and other information provided online. Most content on the ZHP Online service is provided by ZHP, our members, our affiliates, or independent content providers under license. In many cases, content provided by ZHP is proprietary information and subject to certain restrictions by members of ZHP Online. ZHP does not assume any responsibility or liability for content that is provided by others. ZHP does reserve the right to remove content that, in ZHP’s judgment, does not meet its standards or does not comply with ZHP’s current Community Guidelines, but ZHP is not responsible for any failure or delay in removing such material.
Proprietary Rights
Much of the content available on our service is owned by ZHP and others, and is protected by copyrights, trademarks, and other intellectual property rights. It is very easy to copy things in cyberspace, but just because it is easy doesn’t mean it is acceptable or legal. You do have the right to print and utilize ZHP Content for your own personal use (which includes its use on behalf of your direct employer). Any other uses of ZHP content must be authorized. Any other use not contemplated within this service is prohibited and any improper use of any of the ZHP content can lead to the termination of your ZHP account and may even subject you to further legal action beyond the termination of your membership. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to hold harmless ZHP and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
4. ZHP MEMBER CONTENT LICENSES
ZHP provides you with a limited license to use our member content, which you agree to use in accordance with these rules. You may not sub-license, or charge others to use or access, our content without first obtaining written permission from us.
ZHP grants to you a non-exclusive, limited license to use ZHP Online member content from authorized locations in accordance with this agreement. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from, ZHP member content. You may not modify ZHP member content or use it in any way not expressly authorized by this Agreement.
5. WARRANTY
MEMBER EXPRESSLY AGREES THAT THE USE OF ZHP, ZHP MEMBER CONTENT, AND THE INTERNET IS AT MEMBER’S SOLE RISK. ZHP, ZHP MEMBER CONTENT, ZHP PRODUCTS AND THE INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. ZHP PROVIDES THE ZHP SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT ZHP WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE. ZHP’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY ZHP MEMBER CONTENT OR PRODUCT PROVIDED OR USED BY ZHP SHALL BE THE REPLACEMENT OF ANY ZHP MEMBER CONTENT OR ZHP PRODUCT FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCUSIVE REMEDY FOR ANY OTHER DISPUTE WITH ZHP IS THE CANCELATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 7. IN NO CASE SHALL ZHP BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ZHP, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH ZHP. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ZHP’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ZHP DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH ZHP AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
6. INDEMNIFICATION
Upon a request by ZHP, you agree to defend, indemnify and hold harmless ZHP and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of this Member Agreement for which you are responsible or from the use of ZHP Online or the Internet, or in connection with your transmission of any Content on ZHP Online. ZHP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a Member. In that event, the member shall have no further obligation to provide indemnification for ZHP in that matter.
7. TERMINATION AND CANCELLATION
Either you or ZHP may terminate or cancel your membership at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with ZHP. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or ZHP’s enforcement or application of this Agreement; (2) any policy or practice of ZHP, including ZHP’s Community Guidelines and the ZHP Privacy Policy, or ZHP’s enforcement or application of these policies; (3) the content available through ZHP Online or the Internet or any change in content provided through ZHP; (4) your ability to access and/or use ZHP Online; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. You can cancel your membership by delivering notice to ZHP’s Customer Service Department at info@zhealthpublishing.com or by sending your cancellation request via US Mail to: ZHealth Publishing at ZHealth Publishing, LLC, 330 Franklin Road, Suite 135A, Franklin, TN, 37027 or by fax at 615.523.1686. Cancellation will take effect within 72 hours of receipt of your request, and ZHP will send you written confirmation. If you cancel near the end of your billing period and are inadvertently charged for the next month’s fee contact ZHP at 615.873.1111 to have the charges reversed. ZHP reserves the right to collect fees, surcharges or costs incurred before you cancel your ZHP Online membership. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
In the event that your account is terminated or canceled, no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Active ZHP Online Members may not allow former Members or other agents whose memberships have been terminated to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues must be concluded before you may re-register with ZHP.
8. LAW AND LEGAL NOTICES
The Member Agreement represents your entire agreement with ZHP. You agree that this Member Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the ZHP Community Guidelines and the ZHP Privacy Policy, including ZHP’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of Tennessee, excluding its conflicts-of-law rules, govern this Agreement and your membership. As noted above, member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with ZHP or relating in any way to your membership or your use of ZHP resides in the courts of Tennessee and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Tennessee in connection with any such dispute including any claim involving ZHP or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. This assurance and commitment shall survive termination of this agreement.
Information for California Residents:
Under California Civil Code Section 1789.3, California Members are entitled to the following specific consumer rights information:
Pricing Information: Current rates for using ZHP Online may be obtained by calling or emailing us at info@zhealthpublishing.com. ZHP reserves the right to change fees, surcharges, and monthly membership fees or to institute new fees at any time upon thirty (30) days prior notice, as provided for in the Member Agreement at Section 2.
Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814.
Updated November 2009.
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Our customers say this about our coding products and services...
“The online membership compliments the three Dr. Z Coding Series book we have in our department. I know I will be utilizing both every day and improving my CIRCC specialty.”
Josephine Yakowec, IR/Cardiovascular Coding Specialist
Martin Memorial Medical Center
Stuart, FL
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