USER LICENSE AGREEMENT FOR CLAIM.MD
IMPORTANT READ CAREFULLY:
This User License Agreement ("Agreement") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this Agreement as "You") and Claim.MD, the Licensor ("Licensor") for the Claim.MD technology including any associated media, printed materials and electronic documentation (the "Service"). By installing, copying, downloading, accessing or otherwise using the Service, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, You may not access, install, copy, download or otherwise use the Service.
SERVICE LICENSE
The Service is protected by intellectual property laws and treaties. The use of this Service is licensed, not sold.
1. GRANT OF LICENSE. This Agreement grants You the following rights:
· Use. You may access the Service with valid unique user ID(s) and concurrent logins per each user ID as per the license fees paid for this purpose.
· Restrictions. You may not sell, license, distribute or otherwise share your user ID or copies of the Service on a stand-alone basis or as part of any collection, product or service. You may not use or distribute any of the Service that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
· Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Service or the Software that makes up the service.
· Trademarks. This Agreement does not grant You any rights in connection with any trademarks or service marks of Licensor or its suppliers.
· Support Services. Licensor may provide You with support services related to the Service ("Support Services"). Use of Support Services is governed by the policies and programs described in the user manual, in "online" documentation, or in other materials from the support services provider. You acknowledge and agree that Licensor may use technical information You provide to Licensor as part of the Support Services for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies You.
· Termination. Without prejudice to any other rights, Licensor or its suppliers may terminate this Agreement if You fail to comply with the terms and conditions of this Agreement. In such event, You must destroy all copies of the Service, all IDs associated with access, and all of its component parts.
3. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Service (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Service), the accompanying printed materials, and any copies of the Service are owned by Licensor or its suppliers. All title and intellectual property rights in and to the content that is not contained in the Service, but may be accessed through use of the Service, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants You no rights to use such content. If this Service contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Service. All rights not specifically granted under this Agreement are reserved by Licensor and its suppliers.
4. COMPLIANCE WITH HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) Electronic Health Care Transactions and Code Sets Standards. Claim.MD is a value added network service that accepts the transmission of encrypted health care information to Claim.MD's secure web server where it is authenticated prior to being processed and submitted to a clearinghouse via a private network, dial-up connection or encrypted Internet transmission. All beneficiary-specific information is confidential and subject to administrative, technical and physical safeguards to ensure the security and confidentiality of individually identifiable records. This includes eligibility information, claims, remittance advice, online claims correction and any other transaction where individually identifiable information is processed or submitted electronically. Criminal penalties are up to $50,000 and 1 year in prison for obtaining or disclosing protected health information; up to $100.000 and up to 5 years in prison for obtaining protected health information under false pretenses; and up to $250,000 and up to 10 years in prison for obtaining or disclosing protected health information with the intent to sell, transfer, or use it for commercial advantage, personal gain, or malicious harm.
5. APPLICABLE LAW. This Agreement is governed by the laws of the State of New Mexico. If this Service is accessed from outside the United States, then local law may apply.
LIMITED WARRANTY
LIMITED WARRANTY. Claim.MD warrants that the Service will perform substantially in accordance with the accompanying materials for a period of one (1) year from the date of receipt of valid user ID(s). Any supplements or updates to the Service, including without limitation, any (if any) service packs or hot fixes provided after the expiration of the Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Claim.MD, you are not entitled to any damages, including but not limited to consequential damanges, if the Service does not meet this Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 6 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction.
6. YOUR EXCLUSIVE REMEDY. Claim.MD's and its suppliers' entire liability and your exclusive remedy shall be, at Claim.MD's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Service, or (b) repair or replacement of the Service that does not meet this Limited Warranty. You will receive the remedy elected by Claim.MD without charge, except that you are responsible for any expenses you may incur. This Limited Warranty is void if failure of the Service has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Service will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. To exercise your remedy, contact: Claim.MD, P.O. Box 1177, Pecos, NM, 87552.
7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Claim.MD OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF Claim.MD OR ANY SUPPLIER, AND EVEN IF Claim.MD OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Claim.MD and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Claim.MD with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Service or U.S.$5.00. The foregoing limitations, exclusions and disclaimers (including Sections above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
9. ENTIRE AGREEMENT. This AGREEMENT is the entire agreement between you and Claim.MD relating to the Service and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this AGREEMENT. To the extent the terms of any Claim.MD policies or programs for support services conflict with the terms of this AGREEMENT, the terms of this AGREEMENT shall control.
E-mail: support@claim.md