The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
To access and use the Site we may require registration, obtainment of expressed consent, or request that You provide authentication data that is specific to releasing HIPAA related records. Registration obtained is for an individual user only. In order to gain access to an Account within the Site, You must provide us with accurate, complete, and current information every time. As a Site user, You agree to maintain Your Account information and are responsible for updating information it within a timely manner. When required, You may be asked to update information used to protect the safety and security of Your Account credentials. Notification should be made immediately if You discover or suspect any security breaches related to the Site or Your Account. As a Site user You accept responsibility for the actions or omissions of any third- party with authority to access or use the Site on Your behalf. Any changes to Your registration information may be made by sending such changes to email@example.com. Failure to adhere to the requirements agreed to as part of this section constitutes a breach of Terms, which can result in immediate termination of Your Account on our Site. By creating or accessing an Account, You also consent to receive electronic communications from the Company. These electronic communications could include notices about Your Account and in relation to Your Account with us. You further agree that any notices, agreements, disclosures, or other electronic communications sent to You will fulfill any legal communication requirements, including, but not limited to, that such communications be in writing. As a user, You will need to maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We might also send You electronic promotional communications, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to You. You can opt-out of receiving promotional emails at any point in time by following the unsubscribe instructions provided.
Your consent to receive electronic communications will continue to be in effect until You withdraw it. You can withdraw Your consent to receive further electronic communications at any time by contacting the Company at firstname.lastname@example.org. If You withdraw Your consent to receive electronic communications, the Company retains the right to restrict or prohibit Your use of the Site, any services provided under these Terms, or charge You a fee for paper copies of communications. The withdrawal of Your consent to receive electronic communications will be effective only after the Company has a reasonable time frame to process Your request for withdrawal. Please keep in mind that Your withdrawal of consent to receive electronic communications will not be applied to electronic communications provided by the Company to You before the withdrawal of Your consent becomes effective.
In order to guarantee that the Company is able to deliver communications to You electronically, You must notify the Company of any change to Your email address or mobile number by updating Your Account profile on the Site or by contacting the Company at email@example.com. If the Company sends You electronic communications but You do not receive it because Your email address or mobile number on file is incorrect, out of date, or blocked by Your email or internet service provider, or You are otherwise unable to receive electronic communications, the Company will still be deemed to have provided communication to You.
You acknowledge that the Company serves as a limited-use agent for Your Billing Entities for purposes of providing communications to You and accepting payments from You for amounts owed by You to Your Billing Entities then, remitting those payments to Your Billing Entities. You acknowledge and accept that payments made by You through the Site represent payments to Your applicable Billing Entities and are not payments to the Company for any of its services.
By logging on to and accessing the Site, You authorize the Company (1) to create and maintain Your payment authorizations and (2) to process Your payments according to Your directions. The Site gives Billing Entities the ability to notify the Company of amounts users owe the Billing Entities and allows users to make payments to the Billing Entities for such amounts. The Site also allows Billing Entities the ability to offer payment plans for qualifying Accounts and allows users to make payments to those Billing Entities according to the payment plan schedule selected. The company is not liable for any overcharges made by the Billing Entities, and users must resolve payment disputes directly with the Billing Entities. If You find that You have Medicaid, or other private, public or government healthcare coverage, You must notify Your Billing Entities immediately.
By providing Your debit or credit card account information, or confirming account information provided to the Company by a Billing Entity, as Your payment method on the Site, You authorize the Company to: debit/charge Your debit or credit card on behalf of the related Billing Entities for the payment amounts You approve on the Site, and remit the payment amount to the applicable Billing Entities. You further authorize the Company to credit Your debit or credit card on behalf of Billing Entities for any returned payments.
When You provide Your bank account information, or confirm bank information provided to the Company by a patient provider, as Your payment method on the Site, the Company will request Your authorization to perform an electronic fund transfer from Your bank account in the amount You specify through the automated clearing house (“ACH”) network. As an authorized user of Your bank account, You authorize the Company to resubmit any ACH debit You authorized that is returned for insufficient or uncollected ACH funds.
The Site allows You to authorize certain recurring payments to Your Billing Entities at regular intervals from Your debit, credit card or Your bank account. To cancel any scheduled recurring payments from Your debit, credit card or Your bank account or make an adjustment to the amount(s), You must notify the Company before the next scheduled payment date. If any information related to Your debit, credit card or Your bank account, such as the expiration date or billing address changes, or account closures, You must notify the Company before the next scheduled payment date to allow the Company sufficient time to update Your payment information.
When You make a payment to a patient provider via the Site, the patient provider is not required to accept it. You agree that the Company is not liable for any damages resulting from a patient provider’s decision not to accept a payment made through the Site. Any unclaimed, refunded, or denied payment will be returned to the original payment method used by You.
You will be responsible for complying with the policies explained on the Site, in addition to the payment policies set by Your Billing Entities. As a user, You are solely responsible for submitting and maintaining on the Site truthful, accurate, complete, and current information about Yourself and Your selected payment method. The company relies on all information You provide to the Company directly or through Your Billing Entities or other representatives. The company will not be liable for the accuracy of the information You provide, or any payments authorized under Your Site credentials within the Site.
The Site and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Site is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
As a Site user, You understand and agree that Your use of the Site, services available through the Site and any content is at Your own risk. To the fullest extent permitted by applicable law, in no event shall the Company, its Affiliates, their respective officers, agents, employees or any parties involved in creating, producing or delivering the Site, its functionality or shall its content be liable for any damages of any kind (including, but not limited to, direct or indirect damages, special, incidental and consequential damages, punitive damages, damages for lost profits, legal fees, expert fees, disbursements or damages resulting from damage to property, lost data, business interruption or any other losses of any kind) resulting from, directly or indirectly, Your use or inability to use the Site and/or the content, including, but not limited to, issues caused by viruses, bugs, human action or inaction or any computer system, phone line, hardware, software, or program breakdowns, or other errors, failure or delays in computer transmissions/ network connections, whether based on the warranty, contract, tort (including negligence), or other legal theory, even if that party has been advised of the possibility of such damages. No information displayed or included in this Site or otherwise obtained by You from the Company or in connection with Your usage of this Site shall create any guarantee. Usage of this Site is not a substitute for advice of a doctor or other professional advisor. If medical, legal, or other expert support is required, the services of a experienced professional should be taken. To the extent permitted by applicable law, in no event shall the maximum aggregate liability of the Company arising from or in any way related to the Site exceed the amount paid to the Company for products or services in the ninety (90) days prior to the event that caused the liability. The previous limitations shall apply even in the event Your remedial activities fail in their essential purpose, and the prior shall constitute the Company’s sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or reasonable theory. If You are a California resident, You waive Your rights under California civil code 1542, which states “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The company is constantly updating information. All information available on our Site may be erroneous, described inaccurately, or unavailable, and we may experience delays in updating information. We cannot and do not guarantee the accuracy or completeness of any information and reserve the right to change or update information, correct errors, inaccuracies, or omissions at any time without prior notice. While the Company is committed to ensuring the Site content is correct, the Company makes no guarantees or representations as to the accuracy of the Site content. The Site is provided to You "AS IS" and "AS ACCESSIBLE" with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates, subsidiaries and their respective licensors and service providers, expressly disclaims all warranties, whether expressed, implied, statutory or otherwise, including all implied guarantees of merchantability, fitness for a particular purpose, title and non-infringement, and guarantees that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the previous, the Company provides no guarantee or undertaking, and makes no representation of any kind that the Site meets Your requirements, achieves any intended results, be compatible with any other software, applications, systems or services, operates without interruption, meets any performance or reliability standards or be error free, or that any errors or defects can or will be corrected. Without limiting the previous, neither the Company nor any of the Company's Affiliates or subsidiaries make any representation or guarantee of any kind, expressed or implied: (i) as to the operation or availability of the Site, or the information, content, and materials or products included thereon; (ii) that the Site service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or prevalence of any information or content provided through the Site; or (iv) that the Site, its servers, the content, e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful malware or components. Some jurisdictions do not allow the exclusion of certain types of guarantees or limitations on applicable statutory rights of a consumer, with respect to those limitations some or all the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth within this section shall be applied to the greatest extent enforceable under applicable law.
The company operates the Site in Arizona, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of Arizona, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. Except as otherwise specified by the section on Disputes, Arbitration, and Class Action Waiver, the exclusive forum for the resolution of any dispute relating to these Terms shall be in the state courts residing in Maricopa County, Arizona, U.S.A., or the United States District Court for the District of Arizona, and each of the parties agrees to personal jurisdiction of such courts with regard to any dispute relating to these Terms, and You agree to service of process on You by e-mail to the address You have submitted on the Site, if any, and by any other means permitted by law.
Please read the following section carefully because it requires You to arbitrate certain disputes and claims with the Company and limits the way You can seek relief from us. If You have any concern or dispute about the Site, You agree to first try to resolve the dispute informally by contacting the Company. In the even the dispute cannot be settled informally between You and the Company, You and the Company agree that any dispute, claim or controversy arising out of or relating in any way to these Terms, or the services shall be finally decided by binding arbitration under the rules of the American Arbitration Association governing consumer disputes. Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration You have the right, at Your expense, to be represented by an attorney of Your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and the Company agree that any in-person arbitral hearing would occur in the United States in the same county and state as Your billing address. The Company further agrees that Your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that You and the Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of Your use of the services. Regardless of the forum, You and the Company agree that each may bring claims against the other only in Your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both You and the Company agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with Your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. By continuing to access or use Our Site after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop Using the Website and the Site.
If You have any questions about this Agreement, You can contact Us at:
Your Account Center, PO Box 843161, Los Angeles, CA 90084-3161 or firstname.lastname@example.org
Last updated on May 28, 2020