1. ACCEPTANCE OF TERMS
2. THIRD PARTY AGREEMENTS
You acknowledge and agree that this Agreement is between you and the Company, not with any third party (including but not limited to Apple®, Google®, or any mobile carrier), and that the Company is solely responsible for the Services it provides. Your use of the Company’s Services may be subject to separate agreements you may enter into with your mobile or computer device operating system provider, your mobile or computer device manufacturer, your mobile service or internet carrier, and other parties involved in providing your mobile or computer device service. Third party operating system providers, your phone or other mobile device manufacturer, your wireless carrier or other network provider, and any other product or service provider related to your mobile or computer device service are collectively referred to as “Covered Third Parties.” You agree to comply with all applicable third-party terms of agreement which you may have with any Covered Third Party when using the Company’s Services. The Company is not a party to those agreements, has no control over the Covered Third Parties or their products or services, and has no responsibility for the products and services provided by third parties.
3. DESCRIPTION OF SERVICES
The Company allows users to create, adjust, and void medical claims; transmit claims data to multiple medical expense reimbursement entities (“Payers”) via the Internet; view claim history, claim status, service invoices and payment history; manage patient data; take continuing education courses via the Internet; interact with Company customer service representatives; and access Company website features, including frequently asked questions and related helpful links (collectively, “Company Services”).
4. ELECTRONIC COMMUNICATIONS
5. 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 and use the Company Services. You must comply with all applicable laws, rules, and regulations (including Payers’ rules and regulations) regarding or relating to the provision of healthcare products and services with respect to eligibility, service authorizations, coordination of benefits, and submission of claims for reimbursement. 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 Payer. You are solely responsible for ensuring the accuracy of any information submitted to any Payer, and you are responsible for ensuring any Payer makes payment on claims you submit. The Company is not a Payer and is not responsible for paying any claim. The Company is not responsible for reimbursing a Payer that overpays any claim; you are solely responsible for repayment of any excess payments made by any Payer. You must also comply with the terms of this Agreement and any Company rules, guidelines, or policies that the Company posts to its website from time to time. You must ensure that all information submitted to the Company is accurate. You shall bear sole responsibility for the accuracy and proper transmission of any and all information you provide.
6. FEES AND GENERAL PAYMENT TERMS
The Company charges for your use of Company Services in the following manner:
Month-to-Month Claims Services: Your account will be charged in arrears for all services provided in the prior month at the then-current total monthly fee for month-to-month service. Your month-to-month service will automatically renew on a monthly basis. You may cancel the month-to-month service at any time; there is no minimum term of service. No refunds for a partial month’s services will be given. The term will begin at registration. If registration should occur after the first day of the month, you will be charged a prorated amount for the partial first month.
Continuing Education: Your account will be charged a one-time fee dependent on the number of credits you purchase. Credits do not expire and may be used at any time once payment has been made. Agencies may purchase subscription services for unlimited monthly Continuing Education courses. Such monthly subscription services will be charged monthly, in advance, at the then-current monthly Continuing Education subscription fee.
You agree to pay for the Company Services on time and in full. The Company’s fees are periodically updated. The most current monthly fee is available on the Company website at http://www.rhinobill.com. The Company will collect and remit sales tax, if any, to the applicable taxing authority based on your account mailing address. It is your responsibility to maintain and properly update your account mailing address to ensure the Company collects and remits sales taxes, if any, for your jurisdiction. You are responsible for any additional taxes due if the Company has not collected the proper sales tax based on an inaccurate account mailing address. Further, it is your responsibility to determine what, if any, additional or alternative taxes apply relating to the Company Services you purchase, and it is your responsibility to collect, report, and remit the correct tax, including use tax if applicable, to the appropriate taxing authority. If at any time you believe the Company has collected the incorrect sales tax for your purchase(s), it is your responsibility to notify the Company. The Company is not responsible for refunding to you excess sales taxes collected in error; you must contact the applicable taxing authority to request a refund if you believe one is due.
If the Company is unable to obtain timely payment from you, 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. The Company is permitted, and you hereby authorize the Company, to withdraw the agreed amount, and any additional non-payment fees as described herein, from your account or charge your credit card each month until the Company Services are paid in full. You will be charged a $15 fee for any checks returned for insufficient funds. You will be charged a $15 fee for any credit card chargebacks the Company receives for payments to your account.
The Company reserves the right to alter any and all fees from time to time, without notice.
7. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
You acknowledge and agree that certain content available through the Company Services, including, but not limited to the “RhinoBill.com” domain, the “RhinoBill” company name, and all related logos, products, and services described in the Company’s Website and mobile applications constitute trademarks and service marks owned by the Company and its subsidiaries, affiliates, licensors, and service providers. Such intellectual property is protected by copyright, trademark, or other proprietary rights and laws, and may not be used in any manner other than as specified in this Agreement. You may not copy, imitate or use them without the Company’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of the Company. You may not copy, imitate, or use them without prior written consent. All right, title, and interest in and to the Company website and any content thereon is the exclusive property of the Company and its licensors.
You agree not to modify, deface, or alter any of the trademarks, service marks, or other intellectual property made available through the Company Services. You also agree to not, directly or indirectly, modify the features or functionality of, copy or create derivative works using all or any portion of, analyze or remove components from, decompile, or otherwise reverse engineer or attempt to reverse engineer or derive source code, techniques, algorithms or processes from the Company Services or software or permit or encourage any third-party to do so.
The terms of this Agreement shall apply to any and all uses by you of any Company Services, and will continue until this Agreement is terminated in writing by you and you cease using any Company Services. All provisions of this Agreement, which, by their nature, impose continuing obligations, shall survive termination of this Agreement.
9. COMPANY SERVICES
The Company reserves the right to modify the Company Services at any time. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE FEATURES AND TECHNICAL REQUIREMENTS OF THE COMPANY SERVICES FROM TIME TO TIME. If you are dissatisfied with any modification to the Company Services, you may terminate your use of those services in the manner described in this Agreement.
10. CONSENT TO RECEIVE ELECTRONIC DISCLOSURES
You acknowledge and consent to receive and view disclosures, notices, and statements and other communications (collectively, “Disclosures”) from the Company relating to your use of the Company Services electronically by any of the following means:
Delivery by any of these means will constitute proper notice to you under applicable law. You acknowledge that Disclosures will include, but may not be limited to, the following:
Your consent is effective until further notice by the Company or until you revoke your consent to receive electronic Disclosures. If you do not consent or if you withdraw your consent to receive electronic Disclosures, the Company reserves its right to refuse to accept your account application, to cancel your account and terminate your use of Company Services, or to place your account on inactive status.
11. PRACTICE REGARDING USE AND STORAGE
You acknowledge that the Company may establish general practices and limits concerning your use of the Company Services, including without limitation the maximum number of days a claim will be retained by the Company Service. You acknowledge and agree that the Company will not back up or store any information you submit through the use of the site or the Company Services. You are solely responsible for maintaining a record of any information submitted.
12. DESIGNATION OF AN 835 TRADING PARTNER
You authorize the Company to be the designated recipient of the member enrollment and remittance advice data in an 835 Electronic Data Interchange (EDI) format or its available equivalent from each Payer you set up in your account. You understand that you may designate only one EDI Trading Partner to receive the 835 EDI transaction from each Payer, and that any other Trading Partner previously designated to receive your 835 EDI transactions will no longer receive your transactions upon designating the Company as your 835 Trading Partner.
13. CONTINUING EDUCATION DISCLAIMER
The Company disclaims any and all warranties that the video software and/or content on the Company’s Website qualifies as a valid continuing education item to maintain compliance with licensing and/or home health care requirements under state, local, or federal law or regulation. You are responsible for confirming that any Company content qualifies as continuing education with your licensing authority. You are also responsible for reporting and maintaining your continuing education requirements. You acknowledge that the Company is in no way responsible for a failure to maintain licensure, or revocation of licensure, and you warrant that the Company will be held harmless in any dispute in law or equity that may result from your failure to maintain licensing requirements.
14. RESTRICTED ACTIVITIES
In connection with your use of the Company’s website, your account, or the Company Services, or in the course of your interactions with the Company, another user, or a third party, you will not:
15. TERMINATION OF ACCOUNT
We may terminate your use of the Company 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 Company Website associated with the Company Services you use;
(c) if any information provided to the Company is found to be falsified or a misrepresentation;
(d) for any other reason in the Company’s sole discretion.
You may terminate the Company Services and this Agreement at any time by canceling your account under “My Profile.” If you have submitted claims in the calendar month in which you cancel your account, you will be charged for the full fee for that calendar month. Once your account has been canceled, you will no longer be able to access your account. You are responsible for backing up all claims and maintaining all records outside of the Company systems per applicable legal requirements before canceling your account. The Company is not responsible for maintaining or allowing access to information stored within its systems except as required by applicable law. The Company is not responsible for any lost or inaccessible files, claims, or user or patient information due to cancellation of your account.
16. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Company Services, 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 Company 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 the Company’s registration form and (b) maintain and update your registration data to keep it true, accurate, current, and complete. If you provide any inaccurate or falsified information, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Company Services.
Patient and Claims Data is subject to our HIPAA Business Associate Agreement at: http://www.rhinobill.com/HIPAA.
18. 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. The Company 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 the Company immediately of any unauthorized use of your account or any other breach of security. The Company is not be liable for any loss that you may incur as a result of someone else using your account or password without your authorization. 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.
While the Company 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 THE COMPANY 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 THE COMPANY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
The Company reserves the right to modify the Company Services from time to time, for any reason, and without notice, including the right to terminate the Company Services. The Company shall not be liable to you for any modification, suspension, or discontinuance of service. The Company reserves the right to modify this Agreement from time to time, without notice. It is your responsibility to review the posted Agreement periodically in order to remain aware of any changes.
The Company may occasionally provide links to other websites or resources. The Company has no control over such sites and resources, and you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources. The Company 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 the Company 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.
24. DISCLAIMER OF WARRANTIES
THE COMPANY SERVICES AND COMPANY WEBSITE ARE ALL PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. NEITHER THIS AGREEMENT, THE COMPANY WEBSITE NOR ANY INFORMATION, REPRESENTATIONS OR DOCUMENTATION FURNISHED IN CONNECTION WITH THE COMPANY SERVICES OR YOUR ACCOUNT 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, THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, AND/OR STATUTORY WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE COMPANY SERVICES, AS WELL AS ANY WARRANTIES THAT THE COMPANY SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE. NO WARRANTY IS MADE THAT THE COMPANY WEBSITE OR ANY INFORMATION OR SERVICES AVAILABLE TO YOU THROUGH THE COMPANY WEBSITE, OR ELECTRONIC COMMUNICATION SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COMPANY SERVICES IS DONE AT YOUR OWN RISK AND YOU ARE 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 THE COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
25. LIMITATION OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE RELEVANT COMPANY SERVICES DURING THE ONE MONTH PRECEDING ANY INCIDENT THAT IS THE SUBJECT OF A COMPLAINT OR ANY TERMINATION. THESE LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE COMPANY SERVICES, FROM RELIANCE ON THE COMPANY SERVICES, FROM INABILITY TO USE THE COMPANY SERVICES FOR ANY REASON, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE COMPANY SERVICES FOR ANY REASON. THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF ANY REMEDY FAILS FOR ITS ESSENTIAL PURPOSE.
THE COMPANY SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, IN THE EVENT YOU ARE ACCUSED OR CONVICTED OF OR FOUND LIABLE FOR VIOLATING STATE OR FEDERAL LAW FOR FALSE BILLINGS ASSOCIATED WITH YOUR HOME HEALTH CARE SERVICES, INCLUDING BUT NOT LIMITED TO, VIOLATIONS OF THE FALSE CLAIMS ACT OR MEDICAID FRAUD, WASTE, AND/OR ABUSE UNDER CHAPTER 5160 OF THE OHIO ADMINISTRATIVE CODE.
26. 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 24 AND 25 MAY NOT APPLY TO YOU. YOU AGREE THAT SUCH PROVISIONS MAY BE LIMITEDLY MODIFIED ONLY TO THE EXTENT THAT SUCH APPLICABLE LAW REQUIRES AND THAT ALL OTHER PROVISIONS OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
You agree to indemnify and defend the Company and its subsidiaries, affiliates, officers, employees and owners, and hold each of 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 the Company, regardless of whether such use is authorized by you.
28. FORCE MAJEURE
In the event that the Company 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 the Company’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.
29. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sub license, otherwise transfer, or delegate your rights or obligations under this Agreement without the prior written authorization of the Company.
30. 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 COMPANY SERVICES MUST BE FILED WITHIN TWO (2) YEARS OF SUCH CLAIM OR CAUSE OF ACTION ARISING, OR IT WILL FOREVER BE BARRED.
31. NON-WAIVER AND SEPARABILITY
The Company’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 shall remain in full force and effect.
32. 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.
33. ENTIRE AGREEMENT
This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter contained in this Agreement 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.
34. CHOICE OF LAW AND FORUM AND WAIVER OF JURY TRIAL
This Agreement and the relationship between you and the Company shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of British Columbia with regard to any dispute, claim, cause of action, or proceeding under or related to this Agreement. BEFORE COMMENCING ANY PROCEEDINGS IN COURT, YOU AGREE THAT ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY AND SUBMITTED TO MEDIATION CONDUCTED BY A SINGLE MEDIATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT SERVICES DISPUTES.
TO THE EXTENT ALLOWED BY LAW, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY, TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR OTHER PROCEEDING FILED AGAINST THE COMPANY.
35. COOPERATION WITH SUBPOENAS
As a third-party medical billing provider, at times the Company receives subpoenas from local, state, and federal entities and individuals. You are hereby notified that upon the Company’s receipt of a subpoena from a state, federal, municipal, or private entity or individual, the Company will cooperate with the terms of any such subpoena to the fullest extent permitted by law. You hereby acknowledge and agree that you have no expectation of privacy in your account information, identifying information, and any non-HIPAA protected information that may be shared by you with the Company and which may be within the scope of a subpoena request. YOU AGREE TO HOLD THE COMPANY HARMLESS FROM ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES YOU MIGHT SUFFER ARISING OUT OF THE COMPANY’S COMPLIANCE WITH AND DISCLOSURE OF ANY INFORMATION IN RESPONSE TO A SUBPOENA.