Revenue Cycle Analytics (RCA) User Community Use Policy and Agreement
Effective May 25, 2018
The Revenue Cycle Analytics (RCA) User Community is an online forum designed by Crowe LLP (“Crowe”) to enhance our clients' overall user experience. Generally, our core users are finance teams at corporate hospital entities and their affiliates. The Community will serve three primary purposes: RCA User Support, Crowe Subject Matter Expert to User communications, and User to User interactions. The Community will allow users instant access to a wide range of RCA instructional content including narratives, videos and frequently asked questions related to the functionality within the application. The site will also provide a direct e-mail contact to Crowe’s Automated RCA Support Software. In addition, the site will allow Crowe the ability to provide a wide variety of information to our clients ranging from calendars of Crowe hosted Events and Webinars to various thought leadership pieces. Polling functionality will allow Crowe to obtain a quick sample of the markets' reaction to specific questions. While the concept will allow Crowe to stay in close contact with the application's user base, the users will also have the opportunity to interact with one another through hosted forums.
The following terms of this RCA User Community Use Policy and Agreement (“Policy and Agreement”) apply to your use of and access to this Crowe-owned and operated website ("Website"), as well as any electronic transmission sent, received, posted, accessed, or stored via Crowe’s network ("Network"), including without limitation its websites, data, and messaging services and Internet services. Certain products or services offered through our Website may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.
Coverage of this Policy and Agreement
This Agreement explains the terms and policies that govern your access to and use of our Website and Network, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable. By accessing or using our Website or Network, you agree to these terms, as Crowe may modify from time to time. If you do not agree to accept and comply with this Policy and Agreement, do not access or use our Website or Network. Access may be suspended or terminated immediately for violation of this Policy and Agreement.
Links to Third-Party Sites
Crowe’s Websites may contain links to other websites that are maintained by third parties over which Crowe has no control. These links are provided for convenience only. Use of these links will cause you to leave this Site and use of third-party websites is entirely at your own risk. Crowe makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. Crowe does not sponsor or endorse the operators of the sites or the content, products or services they provide, and Crowe is not responsible or liable for the conduct of the sites' operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.
Illegal or Harmful Use
You may access and use this site only for lawful purposes. You agree to comply with all laws applicable to your use of this website. You are responsible for any transmission you send, receive, post, access, or store via this site, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:
Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos. Only the authorized accounts assigned by Crowe may be used in connection with the site. Crowe may quarantine or delete any data stored on a shared system if the data is infected or otherwise corrupted, and has the potential to infect or corrupt the system or data that is stored on the system.
Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, abusive, inflammatory or otherwise objectionable or impersonate or invade the privacy or publicity rights of another. This site may not be used to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization; monitoring data or traffic without express authorization; interference with service to any user of this network or another network including, without limitation, mail bombing, flooding, deliberate attempts to overload the system and broadcast attacks; collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting); using any false, misleading, or deceptive TCP-IP packet header information in an email or posting; distributing software that covertly gathers information about a user or covertly transmits information about the user; accessing any other network, chat room, community room forum, or other website; sending bulk or commercial email or for otherwise sending messages to any person or entity other than to Crowe or Crowe Client; distributing of advertisement delivery software unless: (i) the user affirmatively consents based on a clear and conspicuous notice of the nature of the software, and (ii) such software is easily removable by standard tools included on major operating systems (such as Microsoft's "add/remove" tool); or engaging in any conduct that is likely to result in retaliation against Crowe or Crowe employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack. No publication, transmission or storage on or via Crowe’s network or equipment of any content or links to any content that Crowe reasonably believes is illegal, that relates in any way to child pornography, bestiality, or non-consensual sex acts; is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; is unfair or deceptive under any state or federal consumer protection laws; is defamatory; violates personal privacy; creates a risk to a person's safety or health or to public safety or health, compromises national security, or interferes with a law enforcement investigation; improperly exposes trade secrets or other confidential or proprietary information; is intended to assist in defeating technical copyright protections; infringes on any other person's intellectual or other property right; promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; or is otherwise malicious, fraudulent, or may result in retaliation against Crowe by offended viewers. Content "published or transmitted" via Crowe’s network or equipment includes Web content, email, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet. Crowe may test and otherwise monitor compliance with its requirements.
Vulnerability Testing: No attempt to probe, scan, penetrate or test the vulnerability of a Crowe system or network or to breach Crowe’s security or authentication measures, whether by passive or intrusive techniques, may be done without Crowe's express written consent.
Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
Fraudulent Conduct: Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes).
Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.
Applicable Government Regulations: Disseminating or posting material that violates Local, State and/or Federal laws and regulations including, without limitation, Sarbanes-Oxley, Gramm-Leach-Bliley and HIPAA.
You may not distribute, publish, or send through our Network: (1) unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly referred to as "spam"); (2) unsolicited informational announcements; (3) chain mail; (4) numerous copies of the same or substantially similar messages; (5) empty messages; (6) messages which contain no substantive content; or (7) very large messages or files that disrupt a server, account, newsgroup, or chat service.
Likewise, you may not (1) participate in collecting e-mail addresses, screen names, or other identifiers of others, a practice sometimes known as spidering or harvesting; (2) participate in using software (including "spyware") designed to facilitate such activity; (3) collect responses from unsolicited messages; or (4) use any of our mail servers or another site's mail server to relay mail without the express permission of the account holder or the site.
Network Security and Integrity
You may not violate the security of our Website or Network in any way. Such violations may result in criminal or civil liability. Crowe may, but is not obligated to, investigate any violation of our Network. Crowe may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using Crowe products and services or sending, receiving, posting, accessing, or storing any electronic transmission via our Network, you agree to cooperate, as well, in any such investigation. You agree that you will not allow any other person or entity to use your User ID and password to gain access to this website, and you will promptly notify Crowe if you become aware of any unauthorized use of you User ID and/or password. Examples of Network security violations include, without limitation:
Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.
Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.
Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Crowe or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Crowe client or other end-user. Crowe may, but is not obligated to: (1) take any action it deems necessary to protect its Websites and Network, its rights or the rights of its clients or third parties, or (2) optimize or improve its Websites, Network, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Websites or Network. Crowe may, in its sole discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us.
Monitoring and No Privacy
Crowe may engage in active monitoring of all content on the Website or otherwise inputted into the Network. There is no expectation of privacy vis-à-vis Crowe regarding any data or other information relating to or arising from your use of the Website or Network. Further, you will be responsible for (a) determining who within your organization will have access to the Website or Network and (b) ensuring that use of the Website or Network by your personnel does not violate any of your policies or procedures or the law.
Investigation and Enforcement of the Agreement
All users of the Services must adhere to the terms of this Agreement. Crowe has the right, but is not obligated, to strictly enforce this Agreement through self-help, active investigation, litigation and prosecution.
Crowe may also access and disclose any information, including transactional information, related to your access and use of this site for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting Crowe’s rights or property and those of our clients; (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; (5) to perform an engagement, including providing information to business partners assisting Crowe in its performance of the engagement; or (6) aggregating data. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND AGREEMENT, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, AFFILIATE, OR CLIENT, MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY, AFFILIATE, CLIENT, USER OR YOU.
Disclaimer of Warranties and Liability
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE CROWE WEBSITE AND NETWORK IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE COMPLETENESS, CURRENTNESS, ACCURACY, NONINFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE CROWE WEBSITE OR NETWORK TO ACHIEVE INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE CROWE WEBSITE OR NETWORK. CROWE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CROWE WEBSITE OR NETWORK WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE CROWE WEBSITE OR NETWORK WILL BE UNINTERRUPTED OR ERROR FREE, VIRUS FREE, OR CONTINUOUSLY AVAILABLE. CROWE MAKES NO WARRANTY REGARDING LINKS TO THIRD-PARTY WEBSITES OR THIRD-PARTY SOFTWARE THAT MAY BE INCLUDED WITH THE CROWE WEBSITE OR NETWORK. USE OR ACCESS TO SUCH THIRD-PARTY LINKS AND SOFTWARE, OR WEBSITES IS DONE SO ENTIRELY AT YOUR OWN RISK.
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE CROWE WEBSITE OR NETWORK. BECAUSE SOFTWARE IS INHERENTLY COMPLEX AND MAY CONTAIN ERRORS, YOU ARE ADVISED TO VERIFY AND BACKUP YOUR WORK. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY WHICH INCLUDES ANY CLAIM BASED ON CONTRACT, TORT OR STRICT LIABILITY FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. THESE LIMITATIONS APPLY EVEN IF CROWE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF CROWE, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF TWO HUNDRED DOLLARS ($200.). THIS LIMITATION ON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THE AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. CROWE SHALL HAVE NO LIABILITY FOR LOSS OF DATA OR DOCUMENTATION ON THE CROWE WEBSITE OR NETWORK, YOU ARE RESPONSIBLE FOR REASONABLE BACKUP PRECAUTIONS OF YOUR RECORDS. THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY SET FORTH IN THIS SECTION. YOU ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THE LIMITATIONS CONTAINED HEREIN, ANY FEES CHARGED UNDER THIS AGREEMENT WOULD BE SIGNIFICANTLY HIGHER. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF CROWE IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Notwithstanding any other choice of law provision found in any engagement letter with the Client or Affiliate you represent, this Agreement is governed by, and must be construed under, the laws of the State of Indiana. The federal and state courts of Indiana have exclusive jurisdiction over, and venue of, any suit that relates to this Agreement.
Content Ownership and Modification of the Policy and Agreement
All content posted on this website is the exclusive intellectual property of Crowe LLP. Copyright ownership of all content resides with Crowe, and Crowe is free to use any of the content as it deems appropriate. Those seeking to reprint, republish, or reproduce content posted on this website must receive the express prior written consent from Crowe LLP. By posting on the Crowe RCA User Community Website you agree to the above, and relinquish all copyright to the contents of the post(s) to Crowe LLP.
We reserve the right to modify this Agreement at any time, effective upon its posting, as modified, on www.crowe.com/rca-community. You agree to the modifications to the Agreement by accessing or using this website.
This Policy and Agreement contains the entire understanding between the parties with respect to the subject matter hereof and supersedes all previous written or oral understandings, agreements, negotiations, commitments, or any other writing or communications with respect to such subject matter. Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Agreement. Crowe may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
The disclaimers herein contained shall not exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and shall not exclude responsibility associated with death or personal injury caused by the negligence of Crowe LLP, fraud, misrepresentation, or other matters for which it would be unlawful to exclude or limit. However, if any portion or provision of this disclaimer is found to be unenforceable under applicable law, it will not affect the enforceability of the remaining portions or provisions.
“Crowe” is the brand name under which the member firms of Crowe Global operate and provide professional services, and those firms together form the Crowe Global network of independent audit, tax, and consulting firms. “Crowe” may be used to refer to individual firms, to several such firms, or to all firms within the Crowe Global network. The Crowe Global Risk Consulting entities, Crowe Healthcare Risk Consulting LLC, and our affiliate in Grand Cayman are subsidiaries of Crowe LLP. Crowe LLP is an Indiana limited liability partnership and the U.S member firm of Crowe Global. Services to clients are provided by the individual member firms of Crowe Global, but Crowe Global itself is a Swiss entity that does not provide services to clients. Each member firm is a separate legal entity responsible only for its own acts and omissions and not those of any other Crowe Global network firm or other party. Visit www.crowe.com/disclosure for more information about Crowe LLP, its subsidiaries, and Crowe Global.
The information included in the community is not – and is not intended to be – audit, tax, accounting, advisory, risk, performance, consulting, business, financial, investment, legal, or other professional advice. Some firm services may not be available to attest clients. The information is general in nature, based on existing authorities, and is subject to change. The information is not a substitute for professional advice or services, and you should consult a qualified professional adviser before taking any action based on the information. Crowe is not responsible for any loss incurred by any person who relies on the information discussed in this document.
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