MTUS MDGuidelines Website Terms of Use

This website, including all content and tools herein (the "MTUS MDGUIDELINES Website"), is provided to authorized users on behalf of the State of California Department of Industrial Relations Division of Workers' Compensation ("DIR") by Reed Group, Ltd., a Colorado corporation located at 10355 Westmoor Drive, Westminster, CO 80021 ("ReedGroup"), and pursuant to a 2018 contract between DIR and ReedGroup ("the Contract").

To use the MTUS MDGUIDELINES Website, you must agree with ReedGroup to the following Terms of Use (collectively, the "Terms"). You must confirm you agree by clicking "I Agree" in the pop-up box provided at the end of this agreement.

1. Authorized Users. The MTUS MDGUIDELINES Website is provided for use by "Eligible Providers" as that term is defined in the Contract: individuals who are California providers who are either: (a) physicians as defined under California Labor Code section 3209.3 or health care providers, including but not limited to physical therapists, dispensing pharmacists, nurse practitioners, physician's assistants, occupational therapists, vocational therapists, speech pathologists or audiologists, and who are providing medical treatment under Labor Code section 4600; or (b) licensed physicians, and who are performing a medical-legal evaluation, and/or conducting a utilization or independent medical review as defined by the California Labor Code. (Eligible Providers authorized hereunder to use the MTUS MDGUIDELINES Website are referred to herein collectively as "Authorized Users," each an "Authorized User," "you" or "your"). For the avoidance of doubt, Authorized Users include only those Eligible Providers whose access to the MTUS MDGUIDELINES Website has not been terminated by ReedGroup.

2. Registration. An Eligible Provider who wants to qualify as an Authorized User must first register to use the MTUS MDGUIDELINES Website, and be verified by ReedGroup as an Authorized User. At the registration page, Eligible Providers must accurately enter all requested information, including professional license number(s) and business email address. After having verified an individual as an Authorized User, ReedGroup will assign him or her a unique password to the MTUS MDGUIDELINES Website that will be linked to his or her registration profile. The registration profiles of Authorized Users will be shared with DIR. Please review the Privacy Notice for the collection and use of this personal information here. YOU UNDERSTAND AND AGREE THAT REEDGROUP WILL SHARE WITH DIR CERTAIN OF YOUR PERSONAL INFORMATION COLLECTED THROUGH THE MTUS MDGUIDELINES WEBSITE AS SET FORTH IN THE PRIVACY NOTICE.

3. Log In. To log in to the MTUS MDGUIDELINES Website, Authorized Users shall accurately enter their assigned password and email address ("Login Information"). Authorized Users may not assign or share their Login Information with others, or provide access to, or otherwise assist, permit or enable anyone else to access or use, the MTUS MDGUIDELINES Website. You agree to notify ReedGroup immediately of any unauthorized use of your Login Information, unauthorized access to the MTUS MDGUIDELINES Website, or any other breach of security of which you become aware by contacting ReedGroup at guidelines_support@reedgroup.com. De-identified data about Authorized Users' use of the MTUS MDGUIDELINES Website, such as the frequency of website visits by practice area and online tools utilized, will be reported by ReedGroup to DIR for purposes such as evaluating the Contract's effectiveness and enhancing online content. Please review the Privacy Notice and opt-out provision for this data collection here.

4. Permitted Use. Subject to the other terms herein, ReedGroup grants you a limited, non-exclusive, revocable, non-transferable permission for the duration of the Contract term to access and use the MTUS MDGUIDELINES Website for the purpose of providing, evaluating or determining appropriate treatments, worker absence periods, or medications for a patient seeking California workers compensation benefits. Authorized Users may print pages from the MTUS MDGUIDELINES Website solely for the foregoing purposes.

5. No Unlawful or Prohibited Use of the MTUS MDGUIDELINES Website. Authorized Users shall access and use the MTUS MDGUIDELINES Website in strict compliance with these Terms. Using the MTUS MDGUIDELINES Website in a manner contrary to applicable law is strictly prohibited. Under no circumstances shall an Authorized User use the MTUS MDGUIDELINES Website, or any portion thereof, to reverse engineer the MTUS MDGUIDELINES Website or develop a competitive product or service. No Authorized User shall provide third parties with access to, or allow third parties to access or use, the MTUS MDGUIDELINES Website. Unless expressly permitted herein, Authorized Users shall not modify, reproduce, distribute, create derivative works (including translations) from, transfer, sell, lease, license, market, display, distribute (including via the Internet or other public computer based system), publish, "frame," "mirror," "scrape," decompile, cache, disassemble, merge, reverse engineer, or remove or alter any proprietary notices or labels from, any portion of the MTUS MDGUIDELINES Website, including any content therein. Further, Authorized Users shall not attempt to discover any source code, underlying user interface techniques, or algorithms, or attempt to circumvent any use restrictions, or take any steps to avoid or defeat security measures associated with the MTUS MDGUIDELINES Website. You agree not to access or use the MTUS MDGUIDELINES Website or any portion thereof in any manner that could damage, disable, overburden, or impair the MTUS MDGUIDELINES Website (or any network connected thereto) or the integrity of its performance, or interfere with any other party's use of the MTUS MDGUIDELINES Website. You may contact ReedGroup at guidelines_support@reedgroup.com with any questions regarding these Terms, or the MTUS MDGUIDELINES Website.

Notwithstanding anything to the contrary herein, the ICD-9-CM and ICD-10-CM codes and descriptions used in the MTUS MDGUIDELINES Website are public domain information per the Medicare/Medicaid branch of the U.S. Government, and are not subject to the above restrictions on use of ReedGroup content on the MTUS MDGUIDELINES Website.

6. No Medical or Legal Advice. THE MTUS MDGUIDELINES WEBSITE IS NOT INTENDED TO CONSTITUTE MEDICAL OR LEGAL ADVICE. REEDGROUP DOES NOT DIRECTLY OR INDIRECTLY DIRECT CARE, MANDATE OR PROHIBIT ANY TREATMENTS, PRACTICE MEDICINE OR DISPENSE MEDICAL SERVICES OR PROVIDE LEGAL ADVICE. "RECOMMENDED" AND RELATED TERMS REFER ONLY TO THE STATUS OF EVIDENCE SUPPORT. NOTHING ON THE MTUS MDGUIDELINES WEBSITE IS INTENDED TO CONSTITUTE AN OFFER TO SELL OR A SOLICITATION OF ANY PARTICULAR DRUG, PRODUCT, SERVICE, THERAPY, OR TREATMENT ("TREATMENTS"). REFERENCE TO ANY SPECIFIC TREATMENT BY TRADE NAME, TRADEMARK, MANUFACTURER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY REEDGROUP OR ITS SUPPLIERS (INCLUDING ITS INDEPENDENT REVIEWERS AND MEDICAL ADVISORY BOARD). REEDGROUP DOES NOT REPRESENT OR WARRANT THAT ANY PARTICULAR TREATMENTS ARE SAFE, APPROPRIATE OR EFFECTIVE FOR ANY PARTICULAR PATIENT, OR THAT THEY ARE COVERED BY ANY PARTICULAR HEALTH PLAN OR INSURANCE. THE INFORMATION AVAILABLE THROUGH THE MTUS MDGUIDELINES WEBSITE MAY INCLUDE USES FOR TREATMENTS THAT HAVE NOT BEEN APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION OR OTHER APPLICABLE REGULATORY BODIES. HEALTH AND LEGAL INFORMATION CHANGES QUICKLY. AS APPLICABLE, YOU MUST USE YOUR OWN EXPERTISE AS A HEALTHCARE PROFESSIONAL TO DETERMINE WHETHER PARTICULAR TREATMENTS ARE SUITABLE FOR THE PATIENT BEING TREATED.

7. No Warranties. THE MTUS MDGUIDELINES WEBSITE IS PROVIDED TO AUTHORIZED USERS "AS-IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS CONCERNING ANY PRODUCTS, SOFTWARE, SERVICES, INFORMATION, OR DATA PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE. SPECIFICALLY, REEDGROUP DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, ACCURACY, WORKMANLIKE EFFORT, SUITABILITY, RELIABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPLETENESS, USEFULNESS, AVAILABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. ALL SUCH WARRANTIES ARE EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

8. ReedGroup Intellectual Property. The MTUS MDGUIDELINES Website, which is based on ReedGroup's proprietary MDGuidelines® platform, was developed, selected, evaluated, coordinated, and assembled through the exercise by ReedGroup of substantial independent, creative effort and judgment embodied therein, and is protected by copyright. As between Authorized Users and ReedGroup, ReedGroup is the sole owner of all copyright, know-how, and other intellectual property rights in the MTUS MDGUIDELINES Website, including the content, tools, and software embodied therein, unless otherwise indicated. The MTUS MDGUIDELINES Website is operated by ReedGroup and made available to Authorized Users pursuant to the Contract. ReedGroup does not waive or transfer any rights to the MTUS MDGUIDELINES Website. You acknowledge that unauthorized use or copying thereof, in whole or in part, would threaten irreparable harm to ReedGroup. The MTUS MDGUIDELINES Website is ©2018 ReedGroup. All rights are reserved.

9. Irreparable Harm. If a breach or threatened breach of intellectual property provisions or restrictions on use under these Terms may, in ReedGroup's reasonable view, result in immediate and irreparable injury for which monetary damages may not be adequate, ReedGroup will be entitled to apply to an appropriate court for equitable relief, including injunctive relief and specific performance, without waiving ReedGroup's right to any other relief that may be available hereunder.

10. Indemnification. You agree to indemnify and hold ReedGroup, its affiliates, directors, officers, employees, agents, successors, assigns, and licensors harmless from any third party claim against ReedGroup or any loss by ReedGroup, including reasonable attorneys' fees and court costs, arising out of or related to your use of the MTUS MDGUIDELINES Website or violation of any of these Terms. If permitted by applicable law, you agree to provide any reasonably requested cooperation at your expense in the defense of any such claim.

11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND ALLOWED UNDER THE CONTRACT: NEITHER REEDGROUP NOR ANY OF ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, OR LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES RELATING TO LOST PROFITS OR REVENUE, LOSS OF DATA OR USE, COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR DOWNTIME COSTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, IN CONNECTION WITH THE MTUS MDGUIDELINES WEBSITE, EVEN IF REEDGROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE.

12. Dispute Resolution. Subject to Section 9 above, any claim between you and ReedGroup arising out of or relating to these Terms, or your use of the MTUS MDGUIDELINES Website (each, a "Claim"), shall be resolved by a single arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes on an expedited basis with minimal discovery. The arbitrator's award will be final and binding. EACH PARTY IRREVOCABLY WAIVES ALL RIGHTS TO A JURY TRIAL IN ANY CLAIM IF SUCH WAIVERS ARE PERMITTED BY THE APPLICABLE JURISDICTION.

13. Term and Termination. You may continue to access and use the MTUS MDGUIDELINES Website as permitted herein as long as you continue to qualify as an Authorized User under the Terms herein, except that ReedGroup reserves the right to suspend or terminate your access to and use of the MTUS MDGUIDELINES Website immediately if you violate, or ReedGroup reasonably suspects you have violated, any of the Terms. Your right to access and use the MTUS MDGUIDELINES Website shall automatically terminate if the Contract expires or terminates. The period during which you are authorized to access and use the MTUS MDGUIDELINES Website hereunder is three (3) years from the Contract's effective date unless extended by ReedGroup and DIR. Upon the Contract's expiration or termination, or if ReedGroup terminates your use of the MTUS MDGUIDELINES Website in accordance with the terms of this Section 13, you shall immediately cease accessing and using the MTUS MDGUIDELINES Website. For the avoidance of doubt, ReedGroup's rights and remedies with respect to any breach of the Terms by you shall survive such termination to the extent allowed by California law.

14. Interruptions of Service. IN NO EVENT WILL REEDGROUP BE LIABLE TO YOU DUE TO ANY INTERRUPTION OR CESSATION OF SERVICE OR AVAILABILITY OF THE MTUS MDGUIDELINES WEBSITE, WHETHER DUE TO REEDGROUP'S ROUTINE OR EMERGENCY PERFORMANCE OF EQUIPMENT OR SYSTEM MAINTENANCE (OR THE OMISSION THEREOF), ACTS OF GOD (E.G. FIRE, FLOOD, OR OTHER NATURAL DISASTER), WAR OR HOSTILITIES, TERRORIST ACTIVITIES, CYBER-ATTACK, GOVERNMENT SANCTION, LABOR DISPUTE, INTERRUPTION OR FAILURE OF ELECTRICITY, INTERNET, OR TELEPHONE SERVICE, EXPIRATION OR TERMINATION OF THE CONTRACT , OR ANY OTHER REASON WHETHER OR NOT CAUSED BY REEDGROUP.

15. Modified Terms. Subject to the written approval of DIR, ReedGroup may modify these Terms from time to time. By continuing to access the MTUS MDGUIDELINES Website, you agree to be bound by any such modifications.

16. Miscellaneous.

a. Entire Agreement. These Terms and the Privacy Notice constitute the entire agreement between you and ReedGroup regarding your access to and use of the MTUS MDGUIDELINES Website. Such entire agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ReedGroup, regarding the same subject matter. Nothing in these Terms or the Privacy Notice nullifies or diminishes ReedGroup's obligations to DIR under the Contract regarding the confidentiality and data security of Eligible Provider information.

b. Admissibility. A printed version of these Terms, any evidence of the existence of these Terms and/or any associated terms (including without limitation click-throughs), and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

c. Severability; No Waiver. ReedGroup's or your failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, invalid or unenforceable under applicable law, the remaining provisions will be unimpaired and the invalid or unenforceable provision will be deemed not to be a part of these Terms so that the Terms are valid and enforceable to the maximum extent permitted by law. No waiver by ReedGroup shall be effective unless in writing and duly signed.

d. Assignment. As between you and ReedGroup (and without reference to any restrictions on ReedGroup's ability to assign under the Contract), the agreement formed by these Terms may be assigned or delegated by ReedGroup but may not be assigned or delegated by an Authorized User without the prior written consent of ReedGroup. Any purported assignment or delegation of these Terms in violation of this section is null and void. These Terms will bind and inure to the benefit of each party's successors and permitted assigns.

e. Notices. Any notices to ReedGroup shall be delivered in writing to ReedGroup at 10355 Westmoor Drive, Westminster, CO 80021, Attention: General Counsel by either (i) United States certified mail, return receipt requested, postage prepaid, or (ii) nationally-recognized overnight courier (such as FedEx). Notices are deemed made three (3) business days after deposit in the U.S. mail or one (1) business day after delivery to the overnight courier service for next-day delivery.

BY CLICKING "I ACCEPT THE TERMS OF USE" YOU REPRESENT THAT YOU HAVE FULLY REVIEWED AND AGREE TO BE BOUND BY THE ABOVE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE LEAVE THIS WEBSITE AND REFRAIN FROM USING THE MTUS MDGUIDELINES WEBSITE.

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