These terms apply to the use of all websites, computer and portable device (including smartphones) applications that are under the umbrella of gingercube.com, including maxrvu.com. By using gingercube.com, maxrvu.com (“Service”) and all services of gingerCube, Inc. (“gingerCube”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
gingerCube reserves the right to update and change the Terms of Service 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 of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
- You are responsible for maintaining the security of your account and password. gingerCube cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- One person or legal entity may not maintain more than one free account.
- 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).
- Children under the age of 18 are not eligible to use the Service, and we ask that such persons not submit personal information to us.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for all accounts.
- If you initially sign up for a Free Trial of the Premium Plan, and you don't cancel that account within the trial period, you will be billed monthly starting on the day after your free trial ends. If you cancel prior to the processing of your first invoice, you will not be charged.
- An upgrade from the free plan to any paying plan will end your free plan. You will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly basis 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.
- 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, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. gingerCube does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Profile link in the global navigation bar at the top of the screen.
- All of your Content may be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again.
- gingerCube, 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 gingerCube 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. gingerCube reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- gingerCube 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.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 15 days notice from us. Such notice may be provided at any time by posting the changes to the gingerCube Site or the Service itself.
- gingerCube shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Ownership of Intellectual Property
- gingerCube ™ , maxRVU ™ and the “Stethoscope and Device” logo are the trademarks of gingerCube Inc. All rights are reserved to gingerCube.
- All content posted on the website and the Service must comply with U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- gingerCube does not pre-screen Content, but gingerCube and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright gingerCube, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from gingerCube.
- CPT® copyright 2017 American Medical Association. All rights reserved.
- Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein. CPT is a registered trademark of the American Medical Association.
- U.S. Government Rights: This product includes CPT which is commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable, which was developed exclusively at private expense by the American Medical Association, 515 North State Street, Chicago, Illinois, 60654. U.S. government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (November 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable, for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (June 1987) and/or subject to the restricted rights provisions of FAR 52.227-14 (June 1987) and FAR 52.227-19 (June 1987), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders
- You understand that gingerCube uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- 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, gingerCube, or any other gingerCube service.
- 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 gingerCube.
- 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 of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any gingerCube customer, employee, member, or officer will result in immediate account termination.
- 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.
- We have no obligation to monitor the website or the Service. You acknowledge and agree, however, that we do retain the right to monitor the website and the Service and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the website and the Service properly, or to protect itself or its subscribers. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- By using the Service and the website, including any software and content contained therein, you agree that your use is entirely at your own risk. The website is provided to you as convenience to provide general information about the services available from gingerCube, but we do not guarantee the accuracy, or completeness of the information. THE SERVICE AND THE WEBSITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. gingerCube 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.
- You expressly understand and agree that gingerCube 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 gingerCube 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. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of gingerCube, its employees, agents, successors, assigns, affiliates, and content or service providers’ respective liability is limited to the greatest extent permitted by such state law.
- The failure of gingerCube to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and gingerCube and govern your use of the Service, superceding any prior agreements between you and gingerCube (including, but not limited to, any prior versions of the Terms of Service).
- The Terms and Conditions and the relationship between you and gingerCube shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. You and gingerCube each agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Texas. The failure of gingerCube to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
- Questions about the Terms of Service should be sent to email@example.com .
- When using the maxRVU application for iOS, use of a passcode (see: Understanding data protection) is required in order to protect patient data.