PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
In order to use the medical bill settlement services provided by MedBillIQ (“Services”), you may be asked to agree to additional terms, including our Services Agreement and HIPAA form (“Additional Terms”). The Additional Terms and these Terms, taken together, shall apply to your use of the Site and our Services. In the event of an irreconcilable inconsistency between the Additional Terms and these Terms, the Additional Terms shall control.
The Site is intended solely for persons who are 18 or older. Any access to or use of the Site by anyone under 18 is expressly prohibited. By accessing or using the Site you represent and warrant that you are 18 or older.
In order to access certain features of the Site, you must create an account (“Account”). If you create an Account to use the Site, you must complete the sign-up process specified on the Site by providing MedBillIQ with complete and accurate information. You must keep your Account data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the sign-up process, you may be asked to choose a password. It is your responsibility to maintain the confidentiality of your password and Account. You are also responsible for all activities that occur under your Account. You agree to notify MedBillIQ immediately of any unauthorized use of your Account. MedBillIQ is not liable for any loss that you may incur as a result of someone else using your password or Account. We may suspend or terminate your Account if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach these Terms or for any other reason we determine in our sole discretion, and also suspend or terminate your access to the Site, in whole or in part.
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SITE IS AT YOUR OWN RISK. ALL CONTENT CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. MedBillIQ VENDORS, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Services, including thE Site and its contents (THE “MEDBILLIQ PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MEDBILLIQ PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. MEDBILLIQ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE MEDBILLIQ PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE.
MEDBILLIQ IS NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE SITE OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MEDBILLIQ OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, MEDBILLIQ’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall the MedBillIQ Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in the Site or any materials or content obtained through the Site; (vi) any transactions entered into through the Site; (vii) any property damage including damage to your device or computer system caused by viruses or other harmful components during or on account of access to or use of the Site, including any site to which the Site provides hyperlinks; or (viii) damages otherwise arising out of your use of or access to the Site, or the content of any site or sites linked to from the Site. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if MedBIllIQ has been advised of the possibility of damages. In no event shall MedBIllIQ’s liability exceed the total amount paid by you to MedBIllIQ, if any, for accessing the Site.
You agree to release, defend, indemnify and hold harmless the MedBillIQ Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of these Terms, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the Site. You agree to cooperate fully with MedBillIQ in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms.
MedBillIQ reserves the right, at its sole discretion, to modify, suspend, or terminate the Site, and/or any portion thereof, or to modify these Terms at any time and without prior to you.
If your Account is cancelled or terminated, you will no longer be authorized to use the Site, but you will still be bound by your obligations under these Terms and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. MedBillIQ shall not be liable to you or any third party for any modification, suspension or termination of the Site or your access to the Site.
If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site.
The Site is for your personal use only. In accessing and using the Site, you agree that you will not:
Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and third-party claims, arising from or relating to (i) the Site; or (ii) these Terms or any Additional Terms, including the validity, enforceability, interpretation, scope, or application of the agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide) ("Claim") shall be decided, upon the election of you or MedBillIQ, by binding arbitration. Arbitration replaces the right to litigate a claim in court or to have a jury trial. The American Arbitration Association ("AAA") shall serve as the arbitration administrator. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: on the web at www.adr.org or by writing to AAA at 1633 Broadway, 10th Floor, New York, NY 10019.
Other Claims Subject to Arbitration. In addition to Claims brought by either you or MedBillIQ, Claims made by or against MedBillIQ or by or against anyone connected with you or MedBillIQ or claiming through you or MedBillIQ (including an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) shall be subject to arbitration as described herein.
Exceptions. We agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court so long as the Claim is pending only in that court.
Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless otherwise agreed to by the parties in writing. Any claimed invalidity of this provision shall be determined by a court of competent jurisdiction and not by an arbitrator.
Arbitration Fees. If you initiate arbitration, MedBillIQ will advance any arbitration fees, including any required deposit. If MedBillIQ initiates or elects arbitration, MedBillIQ will pay the entire amount of the arbitration fees, including any required deposit. MedBillIQ will also be responsible for payment and/or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.
Procedure. A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least ten years’ experience or who is a former or retired judge. The arbitration shall follow the rules and procedures of the arbitration administrator in effect on the date the arbitration is filed, except when there is a conflict or inconsistency between the rules and procedures of the arbitration administrator and this arbitration provision, in which case this arbitration provision shall govern. Any in-person arbitration hearing for a Claim shall take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA") and shall honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable shall apply to any arbitration proceeding. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any appropriate court may enter judgment upon the arbitrator's aware. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the FAA
These Terms and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
If any provision of these Terms, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of these Terms shall remain unaffected and in full force and effect.
The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, these Terms shall not be construed as a waiver of any provision or right.
Unless expressly provided otherwise, these Terms and any Additional Terms are the entire agreement between you and MedBillIQ with respect to the use of the Site and Services and shall not be modified except in writing, signed by an authorized representative of MedBillIQ. All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your Account.
If you have any questions concerning these Terms, or the Site, please contact us at (888) 633-7571.
The Site and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, and MedBillIQ logos (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by MedBillIQ or by other parties that have provided rights thereto to MedBillIQ.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, or software obtained from or through the Site, in whole or in part, without the express written permission of MedBillIQ. Notwithstanding the foregoing, you may view, store, print, reproduce and distribute pages within the Site solely for your personal or internal, non-commercial purposes, provided that (a) no such pages are modified, and (b) this page and any notice in such pages regarding use or ownership are included with such stored, reproduced or distributed pages.
Any trademarks, service marks, product names and company names or logos appearing in any part of the Site that are owned by MedBillIQ, its affiliates, licensors, or suppliers may not be used without express permission from the respective owner.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site, or frame the Site, or any web page or material contained within the Site, nor may any entity include a hyperlink to any aspect of the Site in an email for commercial purposes, without the express written permission of MedBillIQ.