RHINO
BILL TERMS OF USE AND NOTICES
1. ACCEPTANCE OF TERMS
Rhino Bill provides its service to you, subject to the following Agreement
between you and Rhino Bill, which may be updated from time to time without
notice to you by posting the modified Agreement on our site at:
http://www.rhinobill.com/Agreement/.
2. DESCRIPTION OF SERVICE
Rhino Bill currently allows users to submit medical claims to the Ohio
Department of Jobs and Family Services (“ODJFS”) via the Internet (the “Rhino
Bill Service”). You understand and agree that the Rhino Bill Service may
include certain communications from Rhino Bill, such as announcements regarding
changes in the Rhino Bill Service, confirmation of claims, and updates
regarding billing. These communications are considered part of Rhino Bill
membership and you will not be able to opt out of receiving them.
3. YOUR RESPONSIBILITIES
You are responsible for all third party fees (such as Internet service provider
charges.) You are also responsible for all equipment necessary to access the
Rhino Bill Service. You must comply with all applicable laws, rules and
regulations (including ODJFS rules and regulations) regarding or relating to
the provision of healthcare products and services including with respect to
eligibility, service authorizations, coordination of benefits and submission of
claims for reimbursement. ODJFS is the
only payor; Rhino Bill is not a payor. You must comply with all requirements
regarding investigating, determining, billing and collecting for third party
benefits and third party liability prior to submitting a claim to ODJFS. You are also solely responsible for repaying
ODJFS for any overpaid amount. You must
also comply with the terms of this Agreement and any rules, guidelines or
policies of Rhino Bill that we post on our website from time to time. You must
ensure that all information submitted to Rhino Bill is accurate. You shall bear sole responsibility for the
accuracy and proper transmission of any and all information you provide.
4. FIRST MONTH FREE AT SIGN UP
The first free month at sign up will cover the entire first month of service
(30 calendar days.) After the free period the Rhino Bill Service will
automatically be converted to a regular monthly subscription. If you do not
wish to continue with the service, you must cancel within the first month by
terminating the service through your account under “My Profile”.
5. REFER-A-FRIEND FREE MONTH
For every customer referred to Rhino Bill and who names that Independent
Provider as his referral, the Independent Provider will receive one month of
free service. This free month of service will be in addition to the first month
free at sign up. In order to receive the Refer-a-Friend free month, the new
member must enter the user name of the referrer. The Refer-a-Friend free month
pertains to Independent Providers only, and does not pertain to Rhino Bill for
Agencies. Free Months will only be used
for full monthly subscription payments. Any partial-month’s fees acquired will
still be due on the first of the month.
6. MONTH-TO-MONTH TERM
After the first free month and during non-Refer-a-Friend months, your account
will be automatically renewed on a month-to-month basis for the total monthly
fee of the Rhino Bill Service. There is no minimum term of service. You may
cancel the service at any time. Service is billed on the first day of every
calendar month for service in the previous calendar month, and no refunds for a
partial month’s service will be given. The term will begin at sign up. If sign
up should occur after the first day of the month, you will be charged a
prorated amount for the partial month after the first month free at sign
up.
7. FREE MONTH FOR UNUSED MONTH
If you do not create a claim during a calendar month
after the calendar month in which your free trial month at sign up has ended,
you will not be charged for that month of service.
8. GENERAL PAYMENT TERMS
You agree to pay for the Rhino Bill Services on time and in full.
Rhino Bill’s monthly fee is
currently $19.99 per month for Independent Providers. For Agencies, the fee is
$19.99 per month for up to 100 claims and an additional $0.15 per claim for
each additional claim over the first 100 in the month. Prices are subject to
change.
You are responsible for
payment of all taxes and duties relating to the Rhino Bill Services you have
purchased, including, without limitation, all sales taxes.
If Rhino Bill is unable to
obtain payment, you will cease to have privileges for which you have registered
and subscribed, though you will still be bound by your obligations under this
Agreement. We are permitted and you hereby authorize Rhino Bill to withdraw the
agreed amount from your account or charge your credit card each month until the
Rhino Bill Service is paid.
Rhino Bill reserves the
right to alter any and all fees from time to time, without notice.
9. PROPRIETARY RIGHTS
You acknowledge and agree that certain content available through the Rhino Bill
Services, including, but not limited to, trademarks and service marks owned by
Rhino Bill and its subsidiaries, affiliates, licensors, and service providers,
is protected by copyright, trademark, patent, or other proprietary rights and
laws, and may not be used in any manner other than as specified in this
Agreement. You agree not to modify, deface, or alter any of the trademarks,
service marks, or other intellectual property made available through the Rhino
Bill Services.
10. TERM OF SUBSCRIPTION
The Term of this Agreement shall last through the period of your Subscription,
and will continue until this Agreement is terminated.
All provisions of this Agreement, which, by their nature, impose continuing
obligations, shall survive termination of this Agreement.
11. RHINO BILL SERVICES
Rhino Bill reserves the right to modify the Rhino Bill Services at any time.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE
THAT RHINO BILL MAY CHANGE THE FEATURES AND TECHNICAL REQUIREMENTS OF RHINO
BILL SERVICES FROM TIME TO TIME. If you are dissatisfied with any modification
to Rhino Bill, you may terminate Rhino Bill Services in the manner described in
this Agreement.
12. PRACTICE REGARDING USE AND STORAGE
You acknowledge that Rhino Bill may establish general practices and limits
concerning use of the Rhino Bill Service, including without limitation the
maximum number of days a claim will be retained by the Rhino Bill
Service. You acknowledge and agree
that Rhino Bill will not back up or store any information you submit through
the use of the site or the Rhino Bill Service.
The customer is solely responsible for maintaining a record of any
information submitted.
13. DESIGNATION OF AN 835 TRADING PARTNER
You authorize Rhino Bill to receive member enrollment
and remittance advice data in an 835 Electronic Data Interchange (EDI) format.
You understand that each Ohio Medicaid provider may designate only one EDI Trading
Partner to receive the 835 EDI transaction, and that any other Trading Partner
designated to receive your 835 EDI transactions will no longer receive your
transactions after designating Rhino Bill as your 835 Trading Partner.
14. TERMINATION OF SERVICES
We may terminate the Rhino Bill Services and this Agreement at any time under
the following circumstances:
(a) if
you fail to make payment when due;
(b) if you violate this Agreement or any rules or guidelines posted on the web
pages associated with the Rhino Bill Services for which you are registering;
(c) if any information provided to Rhino Bill is found to be falsified or a
misrepresentation;
(d) for any other reason in Rhino Bill’s sole discretion.
You may
terminate the Rhino Bill Services and this Agreement at any time by canceling
your subscription in your account under “My Profile”. If you have submitted
claims in the calendar month in which you cancel your subscription, you will be
charged for the full subscription fee for that calendar month.
Once your account has been cancelled, you will no longer be able to access your
account. You are responsible for backing up all claims and maintaining records
before canceling the Rhino Bill Service. Rhino Bill is not responsible for any
lost files or claims due to cancellation of your account.
15. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of
legal age to form a binding contract, you are a not a person barred from
receiving reimbursement under the laws of the United States or other applicable
jurisdiction, and that your use of the Rhino Bill Services will not violate any
contractual commitment of which you are bound. You also agree to: (a) provide
true, accurate, current, and complete information about yourself as prompted by
Rhino Bill Service’s registration form and (b) maintain and update the
Registration Data to keep it true, accurate, current, and complete. If you
provide any inaccurate or falsified information, Rhino Bill has the right to
suspend or terminate your account and refuse any and all current or future use
of the Rhino Bill Service.
16. PRIVACY
Registration Data and certain other information about you are subject to our
Privacy Policy at:
http://www.rhinobill.com/Privacy .
Patient and Claims Data is subject to our HIPAA Business Associate Agreement at:
http://www.rhinobill.com/HIPAA .
17. PASSWORD SECURITY
During Registration, you will be required to choose a password and user name.
You are entirely responsible for maintaining the confidentiality of your
password and account. Furthermore, you are entirely responsible for any and all
activities that occur under your account. Rhino Bill recommends that you use
passwords that contain numbers and symbols in order to prevent unauthorized
users from guessing commonly-used choices. You agree to notify Rhino Bill
immediately of any unauthorized use of your account or any other breach of
security. Rhino Bill will not be liable for any loss that you may incur as a
result of someone else using your account or password. If you should happen to
lose your password, a temporary password will be sent to your e-mail address on
file and must be changed once used.
18. SECURITY
While Rhino Bill takes reasonable steps to safeguard and to prevent
unauthorized access to your private information, we cannot be responsible for
the acts of those who gain unauthorized access, and we make no warranty, express,
implied, or otherwise, that we will prevent unauthorized access to your private
information. IN NO EVENT SHALL RHINO BILL OR ITS AFFILIATES BE LIABLE FOR ANY
DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL
OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S
UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE
BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND
ALSO REGARDLESS OF WHETHER RHINO BILL WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE
THAT DAMAGES WERE POSSIBLE.
19. CHANGES
Rhino Bill reserves the right to modify the Rhino Bill Services from time to
time, for any reason, and without notice, including the right to terminate the
Rhino Bill Services. Rhino Bill shall not be liable to you for any
modification, suspension, or discontinuance of service. Rhino Bill reserves the
right to modify this Agreement from time to time, without notice. Please review
the posted Agreement periodically so you will be aware of any changes.
20. LINKS
Rhino Bill may occasionally provide links to other Web sites or resources.
Since Rhino Bill has no control over such sites and resources, you acknowledge
and agree that Rhino Bill is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that
Rhino Bill shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of
or reliance on any content, goods or services available on or through any such
site or resource.
21. DISCLAIMER OF WARRANTIES
THE RHINO BILL SERVICES AND RHINO BILL WEBSITE ARE ALL PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. NEITHER THIS AGREEMENT, THE
RHINO BILL WEBSITE NOR ANY INFORMATION, REPRESENTATIONS OR DOCUMENTATION FURNISHED
IN CONNECTION WITH RHINO BILL SERVICES ARE INTENDED TO EXPRESS OR IMPLY ANY
WARRANTY OF ANY NATURE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO
THE FULLEST EXTENT PERMISSIBLE BY LAW, RHINO BILL DISCLAIMS ALL EXPRESS,
IMPLIED, AND/OR STATUTORY WARRANTIES INCLUDING, WITHOUT LIMITATION, REGARDING
MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE RHINO BILL SERVICES, AS WELL AS
ANY WARRANTIES THAT THE RHINO BILL SERVICES WILL BE UNINTERRUPTED, TIMELY OR
ERROR FREE. NO WARRANTY IS MADE THAT THE SITE OR ANY INFORMATION OR SERVICES
AVAILABLE TO YOU THROUGH THE SITE OR ELECTRONIC COIMMUNICATION SENT FROM RHINO
BILL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE RHINO BILL SERVICE IS DONE AT YOUR OWN RISK AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RHINO BILL SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
22. LIMITATION OF LIABILITY
RHINO BILL SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OF LEGAL THEORIES
WHATSOEVER, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE
DAMAGES. IN NO EVENT SHALL RHINO BILL BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS
OF THE AMOUNT PAID BY YOU FOR THE RELEVANT RHINO BILL SERVICES DURING THE ONE
MONTH PRECEEDING ANY INCIDENT THAT IS THE SUBJECT OF COMPLAINT OR ANY
TERMINATION. THESE LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES
ARISE FROM USE OR MISUSE OF THE RHINO BILL SERVICES, FROM RELIANCE ON THE RHINO
BILL SERVICES, FROM INABILITY TO USE THE RHINO BILL SERVICES, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE RHINO BILL SERVICES. THESE
LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL
PURPOSE.
23. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY
TO YOU.
24. INDEMNITY
You agree to indemnify and defend Rhino Bill and its subsidiaries,
affiliates, officers, employees and owners and hold them harmless from any and
all claims, damages, liabilities and expenses, including attorney’s fees,
arising out of, related to or in connection with: (a) your failure to comply with
this Agreement; (b) the accuracy or validity of any of your charges or claims
for reimbursement; or (c) any person’s use of any account or password you
maintain with Rhino Bill, regardless of whether such use is authorized by you.
25. FORCE MAJEURE
In the event that Rhino Bill is prevented from performing, or is unable to
perform, any of its obligations under this Agreement due to any cause beyond
its reasonable control, including, without limitation, Internet failures,
computer equipment failures, telecommunications equipment failures, other
equipment failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals, non-performance of third parties, or
loss or fluctuations in heat, light, or air conditioning, then Rhino Bill’s
performance shall be excused and the time for performance shall be extended for
the period of delay or inability to perform due to such occurrence.
26. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate
your rights or obligations under this Agreement without the prior written
authorization of Rhino Bill.
27. STATUTE OF LIMITATIONS
YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR
CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OR
MISUSE OF THE RHINO BILL SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH
CLAIM OR CAUSE OF ACTION AROSE, OR WILL FOREVER BE BARRED.
28.
NON-WAIVER AND SEPARABILITY
Rhino Bill’s failure to exercise any right or provision of this
Agreement shall not constitute a waiver of such right or provision. If a court
or arbitrator of competent jurisdiction holds that any provision of this
Agreement is invalid, the parties nevertheless agree that the court or
arbitrator should endeavor to give effect to the parties’ intentions as
reflected in the provision, and agree that the other provisions in this
Agreement remain in full force and effect.
29. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors, and assigns.
30. ENTIRE AGREEMENT
This Agreement sets forth the entire agreement and understanding between the
parties as to the subject matter contained in these terms and conditions and
merges all prior discussions between them, and neither of the parties shall be
bound by any conditions, definitions, warranties, understandings or
representations with respect to such subject matter other than as expressly
provided herein.
31. CHOICE OF LAW AND FORUM
This Agreement and the relationship between you and Rhino Bill shall be
governed by the laws of the State of Texas without regard to its conflict of
law provisions. You and Rhino Bill agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Travis, Texas
with regard to any dispute under or related to this Agreement.
32. COPYRIGHT
Rhino
Bill will respond to notices of alleged copyright infringement that comply with
applicable law and are properly provided to us. If you believe any material
appearing on our site constitutes copyright infringement of your work, please
provide us with the following information: (a) an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyrighted work; (b) an identification of the copyrighted work and the
location on the site of the allegedly infringing work; (c) a written statement
that you have a good faith belief that the disputed use is not authorized by
the owner, its agent, or the law; (d) your name and contact information,
including telephone number and e-mail address; and (e) a statement by you that
the above information in your notice is accurate and, under penalty of perjury,
that you are the copyright owner or authorized to act on the copyright owner’s
behalf.
We
reserve the right to remove information alleged to be infringing without prior
notice and at our sole discretion. Our
designated copyright agent for notice of alleged copyright infringement is:
Rhino Bill, Attn:
Copyright Agent, 1601 West 5th Avenue, #189, Columbus, Ohio 43212
E-Mail: support@rhinobill.com