PaymentsMD Terms of Use
Welcome to the PaymentsMD, LLC (“PaymentsMD,” “we,” “our”) website www.paymentsmd.com (the “Site”). These Terms of Use (“Terms”) apply to your use of the Site. Thank you for visiting and learning more about PaymentsMD!
It is important to us that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms as the legally binding terms to govern your use of this Site. Please read these Terms carefully before using the Site, because they affect your legal rights and obligations (e.g., requiring arbitration and no class relief and limiting our liability).
Contents & Summary
1. You Accept These Terms
Each time you access and/or use the Site, you agree to be bound by these Terms and any additional terms that will apply to you.
2. Updates to Terms
These Terms and additional terms posted on this Site at each time of use apply to that use, prospectively. You agree that we may provide notice to you of updated terms by posting them on the Site.
3. Legal Capacity
You represent that you have the legal capacity to enter into the agreement set out in these Terms.
4. You Must Provide Accurate Information
The information you submit to the Site must be correct. We can refuse access to the Site if we learn that information you have provided is inaccurate.
5. Online Privacy Notice
You agree to the terms of our Privacy Notice.
6. Disclaimer of Warranties
We disclaim warranties and provide the Site “As Is.”
7. Limitation of Liability
Our liability is limited.
8. Binding Arbitration
Any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.
9. Trademarks and Copyrights
This Site is protected by trademarks, copyrights, patents, trade secrets, or other proprietary rights.
10. Permitted Uses
We only grant you a limited revocable license to use the Site for your PaymentsMD non-commercial use subject to rules and limitations.
11. Seller; Risk of Loss
The risk of loss shifts to you once we deliver any items you purchase to the mail carrier.
12. Responsible Use of Site
You may only use the Site for lawful purposes.
13. Release
You release us from any claims relating to third parties.
14. System Abuse
You may not abuse the system.
15. Security
Your usernames and passwords for this Site are for your use only and you are responsible for their security.
16. Violation of Security Systems
You may not tamper with the system for this Site or the accounts of others.
17. Investigations
PaymentsMD reserves the right to investigate suspected violations of these Terms.
18. Service
In order to use this Site, you must obtain access to the World Wide Web and pay any related fees to access the Internet. We are
not responsible for your access to the Site.
19. Reservation of Rights
PaymentsMD may modify or discontinue this Site at any time.
20. Local Regulations
PaymentsMD makes no representation that the Site is available for use outside of the United States.
21. Third-Party Sites
We are not responsible for third parties or their content, advertisements, apps, or sites.
22. Jurisdictional Issues
The Site is designed to provide information regarding medical billing in the United States.
23. Choice of Law
Georgia law will apply to these Terms.
24. Notice for California Users
California users of the Site are entitled to consumer rights notice.
25. How to Contact Us
PaymentsMD owns and operates this Site. You can contact us at [email protected].
26. General
If any portion of this agreement is deemed unenforceable, the remaining provisions will survive.
1. You Accept These Terms. If you do not agree with any of these Terms, including the Privacy Notice incorporated here, please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.
2. Updates to Terms. Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
3. Legal Capacity. This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
4. The Information You Give Us Must Be Correct. To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current and complete. If we at PaymentsMD believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources and to terminate or suspend your account.
5. Online Privacy Notice. Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site. Click here to view our Privacy Notice, which is part of these Terms.
6. Disclaimer of Warranties. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, PAYMENTSMD, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF PAYMENTSMD (“THE PAYMENTSMD GROUP”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE PAYMENTSMD GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PAYMENTSMD GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE PAYMENTSMD GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE PAYMENTSMD GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
7. Limitation of Liability. THE PAYMENTSMD GROUP DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE PAYMENTSMD GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE PAYMENTSMD GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8. Binding Arbitration of All Disputes; No Class Relief.
(a) U.S. Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to PaymentsMD’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and PaymentsMD arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any Georgia state or federal court with substantial experience in the internet and medical billing industries and shall follow Georgia substantive law in adjudicating the dispute, except that this Section 8(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 8(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to PaymentsMD. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, PaymentsMD shall pay the costs and fees of JAMS and the arbitrator. PaymentsMD agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
(b) Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or Terms, then you and we agree to send a written notice to the other providing a reasonable description of the Section 8(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8(b). Your notice to us must be sent to us at [email protected]. For a period of sixty (60) days from the date of receipt of notice from the other party, PaymentsMD and you will engage in a dialogue in order to attempt to resolve the Section 8(b) Dispute, though nothing will require either you or PaymentsMD to resolve the Section 8(b) Dispute on terms which either you or PaymentsMD, in each of our sole discretion, are uncomfortable with. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.
9. Trademarks and Copyrights. This Site and materials incorporated by PaymentsMD on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by PaymentsMD on this Site are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by PaymentsMD or others (“Trademarks”). PaymentsMD respects the intellectual property rights of others and asks users of this Site to do the same.
10. Your Use of Material. Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
You may access and display Material and all other content displayed on this Site for non-commercial, personal use on a device (e.g., computer, tablet or mobile) only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by PaymentsMD. Any authorization to copy Material granted by PaymentsMD in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal use on a device only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
11. Product Specifications; Pricing; Typographical Errors. We do our best to describe every product or service offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, PaymentsMD shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product you purchased from PaymentsMD is not as described, your sole remedy is to return it or request a refund.
12. Seller; Risk of Loss. PaymentsMD is or may be the seller of various goods and services on the Site. All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
13. Responsible Use of Site. Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users.
14. System Abuse. Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person, including placing malware on the Site.
You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Site.
15. Security. Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). PaymentsMD shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that PaymentsMD considers insecure, PaymentsMD will be entitled (although not obligated) to require this to be changed and/or terminate your account.
16. Violation of Security Systems. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, PaymentsMD reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
17. Investigations. PaymentsMD reserves the right to investigate suspected violations of these Terms. PaymentsMD may seek to gather information from the user who is suspected of violating these Terms. PaymentsMD may suspend any users whose conduct is under investigation. If PaymentsMD believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, remove the material permanently, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. PaymentsMD will fully cooperate with any law enforcement authorities or court order requesting or directing PaymentsMD to disclose the identity of anyone engaged in conduct that we believe, in our sole discretion, violates these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE PAYMENTSMD GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE PAYMENTSMD GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE PAYMENTSMD GROUP OR LAW ENFORCEMENT AUTHORITIES
18. Service. In order to use this Site, you must obtain access to the World Wide Web and possibly pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet, and/or other access devices).
19. Reservation of Rights. PaymentsMD reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities, and services on this Site, with or without notice and/or to establish general guidelines and limitations on their use.
20. Local Regulations. PaymentsMD makes no representation that Materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
21. Third-Party Sites. This Site may link you to other sites on the Internet. These other sites are not under the control of PaymentsMD, and you acknowledge that (whether or not such sites are affiliated in any way with PaymentsMD) PaymentsMD is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by PaymentsMD or any association with its operators.
PaymentsMD cannot ensure that you will be satisfied with any products or services that you purchase or download for free from any third-party site that links to or from PaymentsMD since the third-party sites are owned and operated by independent retailers. PaymentsMD does not endorse any of the merchandise, nor has PaymentsMD taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. PaymentsMD does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.
22. Jurisdictional Issues. The Materials and all other content in this Site are presented for the purpose of providing information regarding products or services available in the United States and elsewhere.
23. Choice of Law. With the exception of Section 8 which will be construed in accordance with the FAA and Georgia law, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, as they are applied to agreements entered into and to be performed entirely within Georgia.
24. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
25. How to Contact Us. This Site is controlled and operated by PaymentsMD located at 5665 New Northside Dr., Suite 330, Atlanta GA 30328. Please forward any comments or complaints about the Site to [email protected]. Please forward any questions regarding privacy to [email protected] and other legal matters to [email protected].
26. General. If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and PaymentsMD relating to the matters contained here and the Site.
It is important to us that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms as the legally binding terms to govern your use of this Site. Please read these Terms carefully before using the Site, because they affect your legal rights and obligations (e.g., requiring arbitration and no class relief and limiting our liability).
Contents & Summary
1. You Accept These Terms
Each time you access and/or use the Site, you agree to be bound by these Terms and any additional terms that will apply to you.
2. Updates to Terms
These Terms and additional terms posted on this Site at each time of use apply to that use, prospectively. You agree that we may provide notice to you of updated terms by posting them on the Site.
3. Legal Capacity
You represent that you have the legal capacity to enter into the agreement set out in these Terms.
4. You Must Provide Accurate Information
The information you submit to the Site must be correct. We can refuse access to the Site if we learn that information you have provided is inaccurate.
5. Online Privacy Notice
You agree to the terms of our Privacy Notice.
6. Disclaimer of Warranties
We disclaim warranties and provide the Site “As Is.”
7. Limitation of Liability
Our liability is limited.
8. Binding Arbitration
Any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.
9. Trademarks and Copyrights
This Site is protected by trademarks, copyrights, patents, trade secrets, or other proprietary rights.
10. Permitted Uses
We only grant you a limited revocable license to use the Site for your PaymentsMD non-commercial use subject to rules and limitations.
11. Seller; Risk of Loss
The risk of loss shifts to you once we deliver any items you purchase to the mail carrier.
12. Responsible Use of Site
You may only use the Site for lawful purposes.
13. Release
You release us from any claims relating to third parties.
14. System Abuse
You may not abuse the system.
15. Security
Your usernames and passwords for this Site are for your use only and you are responsible for their security.
16. Violation of Security Systems
You may not tamper with the system for this Site or the accounts of others.
17. Investigations
PaymentsMD reserves the right to investigate suspected violations of these Terms.
18. Service
In order to use this Site, you must obtain access to the World Wide Web and pay any related fees to access the Internet. We are
not responsible for your access to the Site.
19. Reservation of Rights
PaymentsMD may modify or discontinue this Site at any time.
20. Local Regulations
PaymentsMD makes no representation that the Site is available for use outside of the United States.
21. Third-Party Sites
We are not responsible for third parties or their content, advertisements, apps, or sites.
22. Jurisdictional Issues
The Site is designed to provide information regarding medical billing in the United States.
23. Choice of Law
Georgia law will apply to these Terms.
24. Notice for California Users
California users of the Site are entitled to consumer rights notice.
25. How to Contact Us
PaymentsMD owns and operates this Site. You can contact us at [email protected].
26. General
If any portion of this agreement is deemed unenforceable, the remaining provisions will survive.
1. You Accept These Terms. If you do not agree with any of these Terms, including the Privacy Notice incorporated here, please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.
2. Updates to Terms. Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
3. Legal Capacity. This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
4. The Information You Give Us Must Be Correct. To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current and complete. If we at PaymentsMD believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources and to terminate or suspend your account.
5. Online Privacy Notice. Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site. Click here to view our Privacy Notice, which is part of these Terms.
6. Disclaimer of Warranties. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, PAYMENTSMD, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF PAYMENTSMD (“THE PAYMENTSMD GROUP”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE PAYMENTSMD GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PAYMENTSMD GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE PAYMENTSMD GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE PAYMENTSMD GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
7. Limitation of Liability. THE PAYMENTSMD GROUP DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE PAYMENTSMD GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE PAYMENTSMD GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8. Binding Arbitration of All Disputes; No Class Relief.
(a) U.S. Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to PaymentsMD’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and PaymentsMD arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any Georgia state or federal court with substantial experience in the internet and medical billing industries and shall follow Georgia substantive law in adjudicating the dispute, except that this Section 8(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 8(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to PaymentsMD. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, PaymentsMD shall pay the costs and fees of JAMS and the arbitrator. PaymentsMD agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
(b) Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or Terms, then you and we agree to send a written notice to the other providing a reasonable description of the Section 8(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8(b). Your notice to us must be sent to us at [email protected]. For a period of sixty (60) days from the date of receipt of notice from the other party, PaymentsMD and you will engage in a dialogue in order to attempt to resolve the Section 8(b) Dispute, though nothing will require either you or PaymentsMD to resolve the Section 8(b) Dispute on terms which either you or PaymentsMD, in each of our sole discretion, are uncomfortable with. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.
9. Trademarks and Copyrights. This Site and materials incorporated by PaymentsMD on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by PaymentsMD on this Site are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by PaymentsMD or others (“Trademarks”). PaymentsMD respects the intellectual property rights of others and asks users of this Site to do the same.
10. Your Use of Material. Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
You may access and display Material and all other content displayed on this Site for non-commercial, personal use on a device (e.g., computer, tablet or mobile) only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by PaymentsMD. Any authorization to copy Material granted by PaymentsMD in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal use on a device only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
11. Product Specifications; Pricing; Typographical Errors. We do our best to describe every product or service offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, PaymentsMD shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product you purchased from PaymentsMD is not as described, your sole remedy is to return it or request a refund.
12. Seller; Risk of Loss. PaymentsMD is or may be the seller of various goods and services on the Site. All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
13. Responsible Use of Site. Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users.
14. System Abuse. Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person, including placing malware on the Site.
You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Site.
15. Security. Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). PaymentsMD shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that PaymentsMD considers insecure, PaymentsMD will be entitled (although not obligated) to require this to be changed and/or terminate your account.
16. Violation of Security Systems. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, PaymentsMD reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
17. Investigations. PaymentsMD reserves the right to investigate suspected violations of these Terms. PaymentsMD may seek to gather information from the user who is suspected of violating these Terms. PaymentsMD may suspend any users whose conduct is under investigation. If PaymentsMD believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, remove the material permanently, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. PaymentsMD will fully cooperate with any law enforcement authorities or court order requesting or directing PaymentsMD to disclose the identity of anyone engaged in conduct that we believe, in our sole discretion, violates these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE PAYMENTSMD GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE PAYMENTSMD GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE PAYMENTSMD GROUP OR LAW ENFORCEMENT AUTHORITIES
18. Service. In order to use this Site, you must obtain access to the World Wide Web and possibly pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet, and/or other access devices).
19. Reservation of Rights. PaymentsMD reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities, and services on this Site, with or without notice and/or to establish general guidelines and limitations on their use.
20. Local Regulations. PaymentsMD makes no representation that Materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
21. Third-Party Sites. This Site may link you to other sites on the Internet. These other sites are not under the control of PaymentsMD, and you acknowledge that (whether or not such sites are affiliated in any way with PaymentsMD) PaymentsMD is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by PaymentsMD or any association with its operators.
PaymentsMD cannot ensure that you will be satisfied with any products or services that you purchase or download for free from any third-party site that links to or from PaymentsMD since the third-party sites are owned and operated by independent retailers. PaymentsMD does not endorse any of the merchandise, nor has PaymentsMD taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. PaymentsMD does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.
22. Jurisdictional Issues. The Materials and all other content in this Site are presented for the purpose of providing information regarding products or services available in the United States and elsewhere.
23. Choice of Law. With the exception of Section 8 which will be construed in accordance with the FAA and Georgia law, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, as they are applied to agreements entered into and to be performed entirely within Georgia.
24. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
25. How to Contact Us. This Site is controlled and operated by PaymentsMD located at 5665 New Northside Dr., Suite 330, Atlanta GA 30328. Please forward any comments or complaints about the Site to [email protected]. Please forward any questions regarding privacy to [email protected] and other legal matters to [email protected].
26. General. If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and PaymentsMD relating to the matters contained here and the Site.