Registered User Agreement

This Registered User Agreement (“Agreement”) sets forth the terms and conditions governing the use of the Learning Management online service provided by MC Strategies, Inc., a division of Elsevier Inc., Marquis One Tower, Suite 1900, 245 Peachtree Center Avenue NE, Atlanta, Georgia 30303, USA, ("Elsevier", "we," "us" or "our").  By completing the online registration process, clicking the “I Accept” button, checking the “Submit” box on the registration page and using the Service, you become a registered user of the Site and you agree to be bound by all of the terms and conditions of this Agreement. 

This Agreement expressly incorporates by reference and includes the Site’s Terms and Conditions, Privacy Policy, and any guidelines, rules or disclaimers that may be posted and updated on specific webpages, or on notices that are sent to you.

Please carefully review this Agreement before ticking the relevant check box on the registration form. If you do not wish to accept this Agreement, do not proceed with the registration.

Changes to Terms

Elsevier may change the terms of this Agreement from time to time. Any changes to this Agreement will be posted on this webpage. Registered users may view the most current version of the Registered User Agreement at any time.

When the terms are changed, we will provide notice to you by e-mail or by posting a notice on the Site. Your continued use of the Service following such notice constitutes your acceptance of those changes. If you do not agree any longer with the terms of this Agreement or to any changes, please contact our Customer Service Department immediately to cancel your registration.

Password Use and Security

By entering into this Agreement, you acknowledge that the Service is for your exclusive use only. Use or sharing of your User Name and Password by another user is prohibited. Failure to comply will result in immediate suspension of your account.

You are solely responsible for maintaining the confidentiality of your User Name and Password and for all activities that occur under your User Name and Password. You agree to immediately notify our Customer Service Department if you become aware of or have reason to believe that there is any unauthorized use of your account or any other breach of security. We are in no way liable for any claims related to the use or misuse of your User Name and Password due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security.

Grant of License

Elsevier grants to its registered users a non-transferable, non-exclusive and revocable license to use the Service according to the terms and conditions set forth in this Agreement. Except as expressly granted by this Agreement, you acquire no right, title or license in the Service or the Content or other data or materials incorporated in the Service.

Term and Termination

Your access to the Service will continue until it expires, until Elsevier terminates it or until you provide notice to Elsevier of your decision to terminate. Such notice should be forwarded to our Customer Service Department. Elsevier may discontinue or change the Service, or its availability to you, at any time without notice.

No Assignment

THIS AGREEMENT IS PERSONAL TO YOU, AND YOU MAY NOT ASSIGN YOUR RIGHTS OR OBLIGATIONS TO ANYONE.

No Waiver

Neither failure or delay on the part of any party to exercise any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.

Severability

If any provision in this Agreement is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.

Governing Law and Venue

This Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts located in the State of New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Notice to Users Accessing AHA Coding Content

AHA Coding Clinic^® for ICD-9-CM is copyrighted by the American Hospital Association (“AHA”), Chicago, Illinois, which licenses its use.  No portion of AHA Coding Clinic^® for ICD-9-CM or Online Coding Clinic Lessons licensed by MCS containing such copyrighted material may be copied without the express, written consent of the American Hospital Association.

It is understood that AHA did not enter the AHA Coding Clinic^® for ICD-9-CM information and data into the computer and therefore AHA is not responsible for the accuracy, completeness or appropriateness of the information.  AHA and MCS make no warranties with respect to the AHA Coding Clinic^® for ICD-9-CM, including, without limitation, warranties of merchantability or fitness for a particular purpose.  AHA shall have no liability to anyone, including MCS and the User location, for lost profits or indirect or consequential damages.  AHA makes no warranties of any kind with respect to MCS, its products or services.

Last revised: 12 May 2009