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Mind Your Risk-Coding Vendors

  If you contract with an outside service to help you recover diagnostic risk-codes and those codes are rendered invalid through a whistleblower suit, it’s your revenue that’s going to be clawed back.       I’m not just taking about the standard CMS audits (although if extrapolation becomes official policy, those audits will become […]

Sunday Links

  Keeping you ahead of the curve     It’s open enrollment season! And in a reflection of the impact Medicare Advantage is having on our industry here’s Bloomberg’s take on the “mad rush” to enroll payment. They’re not wrong.         Another whistleblower lawsuit, this one instigated by a coder and, uniquely, […]

Saturday Q and A

Dr. Lee writes Thank you for all your generous information over the years. The nursing home I work with is intentionally working to switch my patients away from Medicare Advantage and onto other insurance programs. What do I do?   Dr. Lee, Approach the administrator. Tell her that Medicare Advantage is the only insurance program […]

Nursing Homes are Your Key to Medicare Advantage Success

  Employed or practicing on your own, if you have a risk-sharing arrangement under Medicare Advantage, a nursing home practice will supercharge your success.     The details are shared in this work—it’s literally worth more than its weight in gold.     Nursing homes are badly in need of clinicians who practice good medicine. […]

YourTelemedicineCommunity.com

    Point your browser to YourTelemedicineCommunity.com and follow all my regular postings dedicated to your success in telemedicine.     Industry insights. Actionable tactics. Business tips.     The ONLY place on the net where you’ll find all this purely from a clinician’s perspective and 100% directed towards your success.   YouTelemedicineCommunity.com   Be […]

Don’t Get Distracted When Selecting Your Medicare Advantage Plan

    Medicare Advantage plans are offering all sorts of goodies this year.     Home health, house cleaning, even Apple Watches.       Don’t get distracted.       None of these have been proven to help your health.       You’re not buying health insurance for all the add-ons, you’re buying […]

SEAK

    Just back from serving on the faculty of the SEAK Non-Clinical Careers Conference where I’m privileged to serve as faculty.       Over two days, I had direct contact for at least 15 minutes with over one hundred individual clinicians “seeking” information.       It made for two very long days […]

A Better Approach to Risk-Coding?

  I’ve seen this in two different organizations who don’t financially risk-share with their physicians.     Their clinicians do no risk-coding.       None.       Zero.       Their back office coders extract risk-codes from the documentation of every office encounter and submit them in aggregate to their insurance partner […]

Sunday Links

    Open Enrollment Season is Here!!!   The 2020 STAR Ratings are out! Who improved? UHC Who didn’t? Centene Five Starts earn you a 16% increase in you Medicare Advantage gross revenue. Considering that Medicare Advantage Organizations have been accused of keeping two sets of books for their quality stats,  interpret them with care. And […]

Saturday Q and A

Dr. Robert asks:   “My employer wants me to take a new compensation agreement in which I split the revenue of our Medicare Advantage contract 50-50 with no risk of loss.  How much can I expect to make?” Robert I can’t tell you exactly without more details, but in general and 50-50 split with no […]

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Terms of Service

Last Modified: April 6, 2023


Acceptance of the Terms of Use


These terms of use are entered into by and between You and TED Consulting LLC, a Missouri limited liability company (the “Company,” “we,” or “us”).  The following terms and conditions (“Terms of Use”) govern your access to and use of Company affiliated websites, including any content, functionality, and services offered on or through www.tomdavisconsulting.com(the “Website”).


Please read the Terms of Use carefully before you start to use the Website.  By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://tomdavisconsulting.com/privacy-policy/. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 


This Website is offered and available to users who are 18 years of age or older.  By using this Website, you represent and warrant that you meet the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Website.


Changes to the Terms of Use


We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. 


Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes, so please check for updates whenever you access this Website.  If you do not agree with our policies and practices, your choice is not to use our Website.    


Accessing the Website and Account Security


We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion and without notice to you.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.


You are responsible for both:


  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.


To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.  You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our

Privacy Policy.


If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.


We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.


Intellectual Property Rights


The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.


These Terms of Use permit you to use the Website for your personal, non-commercial use only.  You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:


  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.


You shall not:


  • Modify copies of any materials from this Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.


You may not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 


[If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [EMAIL ADDRESS].]


If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will immediately terminate and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.


Trademarks


The Company name, the terms TOM DAVIS CONSULTING and UNLEASHING THE POWER OF VALUE BASED HEALTHCARE, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors.  You may not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.


Prohibited Uses


You may use the Website only for lawful purposes and in accordance with these Terms of Use.  


You agree not to use the Website:


  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • For the purpose of exploiting, harming, or attempting to exploit or harm anyone, including minors, in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.


Additionally, you agree not to:


  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.


User Contributions


The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.


All User Contributions must comply with the Content Standards set out in these Terms of Use.


Any User Contribution you post to the site will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to lawfully use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. 


You represent and warrant that: 


  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use. 


You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.


We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. 


Monitoring and Enforcement; Termination


We have the right to:


  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.


Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.


However, we do not undertake to review any material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 


Content Standards


These content standards apply to any and all User Contributions and use of Interactive Services.  User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.  Without limiting the foregoing, User Contributions may not:


  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.


Copyright Infringement


If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.  It is the policy of the Company to terminate the user accounts of repeat infringers. 


Reliance on Information Posted


The information presented on or through the Website is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.


This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of the Company.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.


Changes to the Website


We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 


Information About You and Your Visits to the Website


All information we collect on this Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 


Linking to the Website and Social Media Features


You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 


This Website may provide certain social media features that enable you to:


  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.


You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.  Subject to the foregoing, you may not:


  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.


The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.


You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.  We reserve the right to withdraw linking permission without notice.


We may disable all or any social media features and any links at any time without notice in our discretion. 


Links from the Website


If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


Geographic Restrictions


The owner of the Website is based in the State of Missouri in the United States.  We provide this Website for use only by persons located in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


Disclaimer of Warranties


You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.


YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 


TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.


THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Medical Advice Disclaimer


Company does not provide any medical advice on the Website.  Accessing or using the Website and/or providing personal or medical information to the Company neither creates nor is intended to create a physician-patient relationship between you and the Company.  Nothing contained in the Website either does or is intended to replace the services of a licensed, trained physician, or health professional, or to be a substitute for medical advice of a physician or trained health professional licensed in your state.  You may not rely on anything contained in the Website as medical advice.  We encourage you to consult a clinician licensed in your state in all matters relating to your health.  You represent and warrant that you will not make any health or medical related decision based in whole or in part on anything contained in the Website.

This Website neither gives medical advice nor provides medical or diagnostic services.  This Website does not guarantee that the content covers all possible uses, direction, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatments.  You may not rely on the application of any information on this site as being applicable to any specific circumstances.  


Privacy/HIPPA Disclaimer


Stories and anecdotes alluding to specific patients are fictitious and are presented for illustrative purposes only.  Such stories have been substantially altered to prevent any incidental unauthorized release of protected health information.  Patient identifiers such as name, date of birth, sex, geographical location, dates and times of service have been substantially changed.  Any similarities to actual patients alive or deceased is purely coincidental.


By accepting these terms of use, you the user are solely responsible for the consequences of sharing any protected health information as defined by HIPPA and it’s successors (“PHI”).  You further agree not to share PHI and to report the sharing of such PHI immediately to the administrator.


Insurance Disclaimer


Company is not licensed to sell any type of insurance product or to provide specific information for individual insurance policies.  The content of this Website is for general informational purposes only.  Company neither does nor intends to create, replace, or supplement a professional relationship between an insurance vendor and consumer such as you.  You may not rely on any information regarding insurance or government programs contained on this Website. Company encourages you to consult an appropriately licensed and experienced insurance agent for any and all questions regarding your insurance status, coverage needs, and insurance purchases.  You represent and warrant that you will not make any insurance related decisions based in whole or in part on anything containing in the Website.


Financial, Legal and Other Advice Disclaimers


You hereby acknowledge that nothing contained in the Website constitutes financial, investment, legal, and/or other professional advice, and that no professional relationship of any kind is created between you and the Company.  You represent and warrant that you will not make any financial, investment, legal, medical, and/or other decision based in whole or in part on anything contained in the Website.


Limitation on Liability


IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 


The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.


THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Indemnification


You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, our Privacy Policy, or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, our Privacy Policy, or your use of any information obtained from the Website.


Governing Law and Jurisdiction


All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provisions.


Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website must be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant state or country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


Arbitration


[At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Missouri law.]


Limitation on Time to File Claims


[ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.]


Waiver and Severability


No waiver by the Company of any term or condition set out in these Terms of Use may be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.


If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 


Entire Agreement


The Terms of Use and our Copyright and Privacy policies, constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 


Your Comments and Concerns


This website is operated by TED Consulting, LLC, P.O. Box 31873, St. Louis, Missouri 63131.


All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.


All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:  [email protected].

Privacy Policy

Last modified: April 7, 2023


Introduction


TED Consulting LLC, a Missouri limited liability company (the “Company,” “we,” or “us”) respects your privacy and are committed to protecting it through our compliance with this privacy policy (the “Policy”).


This Policy describes the types of information we may collect from you or that you may provide when you visit the website www.tomdavisconsulting.com

(our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.


This Policy applies to information we collect:


  • On this Website.

  • In email, text, and other electronic messages between you and this Website.

  • Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.


It does not apply to information collected by:


  • Us offline or through any other means, including on any other website operated by Company, including our affiliates, or any third party; or 

  • Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Website.


Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it.  


By accessing or using this Website, you agree to the terms of this Policy.  This Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Policy for updates whenever you access this Website.  If you do not agree with our policies and practices, your choice is not to use our Website.  


Children Under the Age of 18


Our Website is not intended for children under 18 years of age.  No one under age 18 may provide any personal information to or on the Website.  We do not knowingly collect personal information from children under 18.  If you are under 18, do not use or provide any information on this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use.  If we learn we have collected or received personal information from a child under 18, we will delete that information.  If you believe we might have any information from or about a child under 18, please contact us at [email protected].


Information We Collect About You and How We Collect It


We collect several types of information from and about users of our Website, including information:


  • By which you may be personally identified, such as name, postal address, email address, telephone number, credit card numbers, or any other identifier by which you may be contacted online or offline, but excluding protected health information (“Personal Information”);

  • That is about you but individually does not identify you, such as deidentified Personal Information; and/or

  • About your internet connection, the equipment you use to access our Website, and usage details.


We collect this information:


  • Directly from you when you provide it to us; and/or

  • Automatically as you navigate through the site.  Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.


Information You Provide to Us


The information we collect on or through our Website may include:


  • Information that you provide by filling in forms on our Website.  This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services.  We may also ask you for information when you report a problem with our Website.

  • Records and copies of your correspondence (including email addresses), if you contact us.


You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”).  Your User Contributions are posted on and transmitted to others at your own risk.  Although we may limit access to certain pages, please be aware that no security measures are perfect or impenetrable.  Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions.  Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.


Information We Collect Through Automatic Data Collection Technologies

  

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:


  • Details of your visits to our Website and other communication data and the resources that you access and use on the Website.

  • Information about your computer and internet connection, including your IP address, operating system, and browser type.


The information we collect automatically is only statistical data and does not include personal information.  It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:


  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our Website according to your individual interests.

  • Speed up your searches.

  • Recognize you when you return to our Website.


The technologies we use for this automatic data collection may include:


  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer.  You may refuse to accept browser cookies by activating the appropriate setting on your browser.  However, if you select this setting you may be unable to access certain parts of our Website.  Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. 
  • Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website.  Flash cookies are not managed by the same browser settings as are used for browser cookies.  For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.


We do not collect Personal Information automatically, but we may tie this information to Personal Information about you that we collect from other sources or you provide to us.


Third Party Use of Cookies and Other Tracking Technologies


Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers (collective “Third Party Tracker”).  These Third Party Trackers may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website.  The information Third Party Trackers collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services.  Third Party Trackers may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 


We do not control the tracking technologies or how they may be used by Third Party Trackers.  If you have any questions about an advertisement or other targeted content, you should contact the responsible Third Party Tracker directly.  For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.


How We Use Your Information


We use information that we collect about you or that you provide to us, including any Personal Information:


  • To present our Website and its contents to you.

  • To provide you with information, products, or services that you request from us.

  • To fulfill any other purpose for which you provide it.

  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

  • To notify you about changes to our Website or services we provide though it.

  • To allow you to participate in interactive features on our Website.

  • In any other way we may describe when you provide the information.

  • For any other purpose with your consent.


Disclosure of Your Information


We may disclose aggregated and or deidentified information about our users (information that does not identify any individual), without restriction. 


We may disclose Personal Information that we collect or you provide as described in this privacy policy:


  • To our subsidiaries and affiliates.

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.

  • To fulfill the purpose for which you provide it. 

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.


We may also disclose your Personal Information:


  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • To enforce or apply our

    Terms of Use

    and other agreements, including for billing and collection purposes.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. 


Choices About How We Use and Disclose Your Information


We strive to provide you with choices regarding the Personal Information you provide to us.  We have created mechanisms to provide you with the following control over your information: 


  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Disclosure of Your Information to Third-Parties. Except for vendors that provide software or other information that you have requested to receive, we do not share you’re your Personal information with any third parties.  If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for any purpose, you can opt-out by checking the relevant box located on the form on which we collect your data (the registration form)[or OTHER OPT-OUT METHOD]. [You can also always opt-out by logging into the Website and adjusting your user preferences in your account profile, checking or unchecking the relevant boxes, or by sending us an email with your request to [email protected].] 


We do not control third parties’ collection or use of your information to serve interest-based advertising.  However, these third parties may provide you with ways to choose not to have your information collected or used in this way.  You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.


Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices.  Please see Your State Privacy Rights for more information.


Accessing and Correcting Your Information


You can review and change your personal information by logging into the Website and visiting your account profile page. 


You may also send us an email at [email protected] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.


If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.  Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Use.


Your State Privacy Rights


State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information.  To learn more about California residents’ privacy rights, visit California’s Consumer Privacy Protection Act.


Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:


  • Confirm whether we process their personal information.

  • Access and delete certain personal information.

  • Data portability.

  • Opt-out of personal data processing for targeted advertising and sales.


Colorado, Connecticut, and Virginia also provide their state residents with rights to:


  • Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.

  • Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects. 


To exercise any of these rights, or appeal a decision regarding a consumer rights request, please send an email to [email protected].  


We do not currently sell data triggering Nevada’s statute for opt-out requirements.


Data Security


We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.  Any payment transactions will be encrypted using SSL technology. 


The safety and security of your information also depends on you.  Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential.  We ask you not to share your password with anyone. Please note that any information you share in public areas may be viewed by any user of the Website.


Unfortunately, the transmission of information via the internet is not completely secure.  Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website.  Any transmission of personal information is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures contained on the Website. 


Changes to Our Privacy Policy


It is our policy to post any changes we make to This Policy on this page.  If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account.  The date this Policy was last revised is identified at the top of this page.  You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.


Contact Information


To ask questions or comment about this privacy policy and our privacy practices, contact us at: [email protected]; or

TED Consulting, LLC, P.O. Box 31873, St. Louis, Missouri 63131