CONSUMER TERMS AND CONDITIONS
The web site located at WWW.PATIENTPAY.NET (the "Site") is owned and operated by PatientPay, Inc. ("PatientPay"). These Terms and Conditions ("Terms and Conditions") apply to all patients and other end users accessing, browsing, and/or using the Site (referred to herein as "you" or "users").
By accessing, browsing, and/or using the Site and/or clicking "Enter," you agree to these Terms and Conditions and the obligations set forth herein. If you do not agree to every provision of these Terms and Conditions, please do not access, browse, or use the Site.
To the extent permitted by applicable law, PatientPay may amend these Terms and Conditions at its discretion at any time. PatientPay will post the revised version of these Terms and Conditions on the Site and may, at its discretion, provide additional notice to you by email or other means. By accessing, browsing, and/or using the Site following the posting of changes to these Terms and Conditions, you accept the changes. PatientPay strongly recommends that you periodically visit the Site to review these Terms and Conditions. In addition to these Terms and Conditions, you shall be bound by any additional terms, policies, guidelines or rules that may appear throughout the Site, which are incorporated herein by this reference. You agree to use the Site in a manner consistent with any and all applicable laws, rules and regulations.
1. Consent to Use Electronic Signatures, Records, Notices, and Communications
1.1 Your Consent
To the extent permitted by applicable law, you consent to the use of electronic signatures and to the electronic receipt of all records, notices, and communications (collectively, "Communications") for the Site and all services provided to you under these Terms and Conditions. PatientPay will provide Communications to you by posting them on the Site and/or by emailing them to you at the email address you provide to PatientPay. PatientPay reserves the right, in its sole discretion, to communicate with you in paper form.
By accepting and agreeing to these Terms and Conditions electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.
1.2 Your Right to Withdraw Consent
Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting PatientPay at [•]. If you withdraw your consent to receive Communications electronically, [PatientPay reserves the right to restrict or prohibit your use of the Site and the services provided under these Terms and Conditions or charge you a fee for paper copies of Communications]. Any withdrawal of your consent to receive Communications electronically will be effective only after PatientPay has a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by PatientPay to you before the withdrawal of your consent becomes effective.
1.3 You Must Keep Your Email Address Current with PatientPay
In order to ensure that PatientPay is able to provide Communications to you electronically, you must notify PatientPay of any change in your email address [by updating your account profile at the Site or by contacting PatientPay at [•]].You understand and agree that if PatientPay sends you an electronic Communication but you do not receive it because your email address on file is incorrect, out of date, or blocked by your email or Internet service provider, or you are otherwise unable to receive electronic Communications, PatientPay will be deemed to have provided the Communication to you.
1.4 Hardware and Software You Will Need
To access and retain the Communications PatientPay provides to you electronically, you must have: (1) a valid email address; (2) a computer system that operates on a platform like Windows or a Mac environment; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 8, Mozilla Firefox 7.0, Safari 5, or Chrome 15 (users utilizing other browsers may experience compatibility difficulties); (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and retain records in paper form or electronic storage to retain records in an electronic form. "Current Version" means a version of the software that is currently being supported by its publisher. PatientPay may change these requirements from time to time and will update these Terms and Conditions accordingly. You should retain a copy of all Communications that PatientPay sends to you electronically.
2. PatientPay's Relationship with You
PatientPay is only a payment service provider. PatientPay helps certain third-party health care service providers ("Patient Providers")receive payments from you for products and services provided to you. PatientPay is an independent contractor for all purposes. PatientPay is not your agent. PatientPay does not have control of, or liability for, the Patient Providers' products and services paid for by you through the Site. These Terms and Conditions do not alter or apply to your liability or obligations to your Patient Providers. You are responsible for ensuring timely payment of all amounts owed by you to your Patient Providers. PatientPay is not responsible for the accuracy of the billing statements issued to you by your Patient Providers. You must contact your Patient Providers directly regarding any discrepancies or disputes in the billing statements issued by your Patient Providers.
3. PatientPay's Relationship with Patient Providers
You hereby acknowledge that PatientPay serves as an agent for your Patient Providers for purposes of accepting payments from you for amounts owed by you to your Patient Providers and for remitting those funds to your Patient Providers. You hereby acknowledge and agree that payments made by you through the Site constitute payments to your applicable Patient Providers.
4. Payment Services
4.1 Payment Solutions
The Site offers the following payment solutions: (1) the "Schedule Payment Solution," which allows Patient Providers to post fee schedules and allows users(who do not have third-party health coverage (or who have such coverage but the Patient Provider providing the services does not have a contract with the third-party payer or insurer)) to make payments to those Patient Providers, and (2) the "Effortless Solution," which allows Patient Providers to notify PatientPay of the amounts that users owe the Patient Providers and allows users to make payments to the Patient Providers for such amounts.
The Schedule Payment Solution is only for: (1) users without health insurance who are paying for health care services themselves or (2) users with private health insurance coverage but the Patient Provider does not have a contract with the insurance company or other payer for the coverage (in other words, when a Patient Provider is an "out-of-network" provider). The Schedule Payment Solution allows users or their Patient Providers to select the services that the user intends to receive. Users or the Patient Providers may subsequently determine that one or more of the selected services are not needed or that additional services are needed. In such event, the Patient Providers will recalculate the amount owed by the user. If the user has authorized recurring payments to the Patient Providers, PatientPay will process the revised payment amounts based upon the information PatientPay receives from the Patient Providers, subject to the terms of Section [4.3] entitled "Recurring Payments" below. PatientPay is not responsible for any overcharges by the Patient Providers, and users must resolve payment disputes directly with the Patient Providers. You may not use the Schedule Payment Solution if you are covered by Medicare, Medicaid, or any other public or government health plan. If you discover that you have Medicare, Medicaid, or other public or government coverage, you must tell your Patient Providers immediately.
4.2 Payment Methods
4.2.1 General Terms
By providing your payment account information to PatientPay, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to PatientPay; (2) you are legally authorized to perform payments from the payment account(s); and (3) such action does not violate the terms and conditions applicable to your use of such payment account(s) or applicable law. When you authorize a payment using an authorized payment method via the Site, you represent, warrant, and covenant that there are sufficient funds or credit available on the specified payment dates to complete a payment using your debit or credit card or your bank account.
PatientPay is not liable for any payments that PatientPay is unable to complete because: (1) your payment account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of your payment account; (2) you have not provided PatientPay with the correct payment account information; or (3) circumstances beyond PatientPay's control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the execution of the transaction. To the extent that any payments cannot be collected from your credit or debit card or bank account, you are solely responsible for providing payment in full to your Patient Providers.
4.2.2 Debit and Credit Card Payments
By providing your debit or credit card account information [,or confirming such information provided to PatientPay by a Patient Provider,] as your payment method on the Site, you authorize PatientPay to debit/charge your debit or credit card on behalf of the applicable Patient Providers for the payment amounts you approve on the Site and remit the payment amount to the applicable Patient Providers. You also authorize PatientPay to credit your debit or credit card on behalf of Patient Providers for any returned payments. If you are uninsured, you authorize PatientPay to place a hold on your credit or debit card for the amount of services you or your Patient Providers request through the Site.
4.2.3 Bank Transfers
When you provide your bank account information [,or confirm such information provided to PatientPay by a Patient Provider,] as your payment method on the Site, PatientPay will request your authorization for an electronic fund transfer from your bank account in the amount you specify via the automated clearing house ("ACH") network. You authorize PatientPay to resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds.
4.3 Recurring Payments
The Site enables you to authorize certain recurring payments to your Patient Providers at substantially regular intervals from your debit or credit card or your bank account. If a preauthorized payment from your debit card or bank account will vary in amount from the previous payment under the same authorization or from the preauthorized amount, you have the right to receive notice of the amount and date of the payment from your applicable Patient Provider at least 10 days before the scheduled payment date. For certain preauthorized payments, you may choose to receive this advance notice only when the payment amount falls outside a certain range of amounts or only when the payment amount differs from the most recent preauthorized payment by more than an agreed upon amount.
To cancel any preauthorized payment from your debit or credit card or your bank account or to make an adjustment to the amount of an upcoming payment, you must notify PatientPay at least [three business days before the scheduled payment date]. If any information related to your debit or credit card or your bank account, such as the expiration date or billing address, changes or you close your debit or credit card or your bank account, you must notify PatientPay at least [three business days before the next scheduled payment date] to enable PatientPay to update your payment information.
4.4 Refused or Refunded Payments
When you make a payment to a Patient Provider via the Site, the Patient Provider is not required to accept it. You agree that PatientPay is not liable for any damages resulting from a Patient Provider's decision not to accept a payment made through the Site. Any unclaimed, refunded, or denied payment will be returned to the original payment method used by you.
4.5 Your Additional Responsibilities
You are responsible for complying with the policies described on the Site, in addition to the payment policies set by your Patient Providers, such as fees for missed appointments. You are solely responsible for submitting and maintaining on the Site truthful, accurate, complete, and current information about yourself and your selected payment method. PatientPay shall have the right to rely on all information that you provide to PatientPay directly or through your Patient Providers or other representatives. PatientPay shall not be liable for the accuracy of the information you provide or any payments authorized under your Site credentials (user ID and password) on the Site.
5. Restricted Use of Site Materials
5.1 Limitation on Use
PatientPay or other authors are the copyright owners of all the material on the Site, such as text, graphics, charts, information, images, reports, presentations and other material (collectively referred to as the "Content"). PatientPay grants to you a limited right to access and use the publicly-available portions of the Site. You may only use the Site from within the United States. For your internal use only, you may print and store copies of the Content on the Site for backup or archival purposes. You may not otherwise download or modify the Site or any Content, except with the prior express written consent of PatientPay. You ARE NOT granted any license for (1) any resale or commercial use of the Site or the Content; (2) any derivative use of the Site or the Content; or (3) any use of data mining, robots, or similar data gathering and extraction tools. You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the Site or any Content. Any unauthorized use by you shall automatically terminate all rights granted to you hereunder and will be prosecuted to the full extent of the law.
5.2 Ownership of the Site and Content
5.2.1 PatientPay-Owned Content
PatientPay retains its respective property rights to the Site, including all processes and Content contained therein, including, but not limited to, non-textual information components, such as graphic images and trade dress that are part of or incident to the Content. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, and create derivative works from, transfer or otherwise use in whole or in part the Content, or information, software, products or services obtained from the Site, without prior written consent from PatientPay. PatientPay reserves all rights not expressly granted herein.
You acknowledge and agree that any name, logo, trademark, or service mark contained on the Site is owned or used with permission by PatientPay and may not be used by you without the express prior written approval of PatientPay or the relevant owner of the name, logo, trademark or service mark. Your use of any of these materials is prohibited unless specifically permitted by PatientPay in writing prior to any such use.
5.2.2 Third-Party Content
The Site contains content regarding Current Procedural Terminology ("CPT") licensed by PatientPay from the American Medical Association ("AMA") (the "AMA Content"). CPT© is copyrighted by the AMA and is a registered trademark of the AMA. The license granted by the AMA is a nontransferable, nonexclusive license, for the sole purpose of internal use by you within the United States. You are prohibited from publishing, distributing via the Internet or other public computer based information system, creating derivative works (including translating), transferring, selling, leasing, licensing or otherwise making available to any unauthorized party the AMA Content. Any backup or archival copies that you make of AMA Content must include notices of the AMA's proprietary rights, including trademark and copyright notices. The provision of updated AMA Content on the Site is dependent on continuation of the contractual relationship between PatientPay and the AMA. If the AMA Content is not intact, the AMA's sole responsibility is to make replacement copies of this data available to PatientPay.
5.3 Right to Transmit
You agree that you will not: (1) transmit any messages or other information to PatientPay or the Site: (A) that you do not have the right to transmit under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (B) that infringe any patent, copyright, trademark or other intellectual property right or misappropriate any trade secret of any third party; (C) that constitute unsolicited or unauthorized advertising or promotional materials, "spam," "chain letters," or pyramid schemes; or (D) that contain any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; (2) forge headers or otherwise manipulate identifiers in order to disguise any messages or other information transmitted through the Site; (3) interfere with the Site or servers or networks connected to the Site; (4) interfere with the ability of others to use the Site; (5) reproduce, sell, resell, sub-license, distribute or exploit for any commercial purposes, any portion of the Site or any messages or Content contained therein; (6) conduct your business on the Site or any web sites, with respect to PatientPay, in a way that is unfair, unlawful, or constitutes a deceptive business practice; or (7) otherwise use the Site in connection with any violation of any law or contract.
You acknowledge and agree that PatientPay may disclose or use any messages or other information that you transmit for the purposes of: (1) enforcing these Terms and Conditions; (2) complying with any laws, regulations or rules of any federal, state or local government or agency, including, but not limited to, complying with any legal requirements as set forth in Section 8 below; (3) responding to claims that any messages or other information violate the rights of third parties; or (4) protecting the rights or property of PatientPay, its customers and the public. With respect to messages or data that you transmit to public areas of the Site, you grant PatientPay a perpetual, worldwide, royalty-free, nonexclusive license to reproduce, display, publish, modify, distribute and create derivative works of such messages or data.
6. Maintenance of the Site
The information and material on the Site may contain typographical errors or inaccuracies. You agree and acknowledge that PatientPay may modify, limit, suspend, discontinue or correct the information, materials and descriptions on the Site or any part of the Site at any time, without notice or liability to you. PatientPay may also, from time to time, establish general rules and policies regarding use of the Site. PatientPay will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Site. PatientPay shall not have any liability or responsibility with respect to any lost data or messages, such as the deletion or failure to store messages, communications or other data transmitted by you.
You may not link to the Site from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other web site that contains material which could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law or regulation. Notwithstanding the fact that PatientPay or other parties involved in creating, producing or delivering the Site may monitor or review any links to the Site, PatientPay and such parties assume no responsibility or liability which may arise from the content of and such links, including, but not limited to, claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation. LINKING TO THE SITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS.
Although the Site may link to other web sites ("External Sites"), PatientPay is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any External Site, unless specifically stated herein. PATIENTPAY RESERVES THE RIGHT NOT TO LINK, OR TO REMOVE THE LINK, TO ANY EXTERNAL SITE AT ANY TIME. Links to External Sites are provided for informational purposes only. By entering the Site you acknowledge and agree that PatientPay has not reviewed any External Sites, and does not endorse or make any representation about, and is not responsible for, the content contained on any External Site. Your access and use of any External Site is at your own risk.
8. Legal Requirements
While PatientPay makes reasonable efforts to ensure that the Content is correct, PatientPay makes no warranties or representations as to the accuracy of the Content. THE SITE AND ALL FUNCTIONALITY AND CONTENT, INCLUDING ANY CONTENT OR OTHER INFORMATION DELIVERED TO YOU VIA EMAIL, BY TELEPHONE OR OTHERWISE, ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," AND PATIENTPAY HEREBY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF THE AMA FOR THE AMA CONTENT, ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PATIENTPAY ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS AND PERFORMANCE OF THE SITE.
10. Limitations of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL PATIENTPAY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR ITS FUNCTIONALITY OR CONTENT (INCLUDING, BUT NOT LIMITED TO, THE AMA) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, LEGAL FEES, EXPERT FEES, OTHER DISBURSEMENTS OR DAMAGES RESULTING FROM DAMAGE TO PROPERTY, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSSES OF ANY KIND OR CHARACTER) RESULTING FROM, DIRECTLY OR INDIRECTLY, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NO INFORMATION DISPLAYED OR INCLUDED IN THE SITE OR OTHERWISE OBTAINED BY YOU FROM PATIENTPAY OR IN CONNECTION WITH YOUR USE OF THE SITE SHALL CREATE ANY WARRANTY. USE OF THE SITE IS NOT A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER PROFESSIONAL ADVISOR. IF MEDICAL, LEGAL OR OTHER EXPERT ASSISTANCE OR ADVICE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.
11. User Indemnity
By using the Site you agree to defend, indemnify, and hold harmless PatientPay and its affiliates, employees, contractors, agents, representatives, officers and directors from all third-party liabilities, claims, and expenses, including, but not limited to, attorneys' fees, that arise from: (1) any violations by you (including any act or omission by you) of these Terms and Conditions, (2) any use or misuse of the Site by you and your agents and affiliates, or (3) any disputes between you and a Patient Provider or other parties in connection with (A) any content that you or any Patient Providers supply for the Site, (B) amounts owed by you to your Patient Providers, (C) medical care that you receive, including, but not limited to, any claims by you for negligence by your Patient Providers, (D) any collection efforts by your Patient Providers, or (E) your use of the Site.
12. Applicable Law and Jurisdiction
You agree that the laws of North Carolina, without regard to its principles of conflict of laws, will govern these Terms and Conditions and any dispute concerning or related to these Terms and Conditions. You hereby expressly agree to submit to the exclusive jurisdiction of the federal and state courts sitting in Orange County, North Carolina for the purpose of resolving any dispute relating to your access to or use of the Site. PatientPay may seek injunctive or other appropriate relief in any state or federal court in North Carolina, and you consent to exclusive jurisdiction and venue in such courts.
13. Disabling Access/Termination of these Terms and Conditions
PatientPay reserves the right, each in its sole discretion, to restrict, suspend, or terminate these Terms and Conditions and your access to all or any part of the Site or the Content, at any time and for any reason, effective immediately. Upon any such termination, PatientPay will provide notice to you. Upon termination of these Terms and Conditions, all preauthorized recurring payments will be cancelled, except that PatientPay will complete any payments that are in process at the time of the termination. PatientPay reserves the right to change, suspend or discontinue all or any part of the Site or the Content at any time without prior notice or liability. If these Terms and Conditions are terminated, this Section and Sections 4.2 and 4.4, as well as other terms, which by their nature should survive, will survive termination of these Terms and Conditions.
PatientPay may assign these Terms and Conditions at any time to any parent, subsidiary, or affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. PatientPay will post a notice on the Site regarding any change of ownership. You may not assign, transfer or sublicense these Terms and Conditions to any other party, and any attempt to do so in violation of this Section shall be null and void.
15. Force Majeure
PatientPay shall not be responsible for any failure to perform its obligations under these Terms and Conditions if such failure is caused by acts of God, war, strikes, lack or failure of transportation facilities or Internet availability, laws or government regulations or actions that are beyond PatientPay's reasonable control.
Any notices to PatientPay under these Terms and Conditions must be mailed via certified U.S. mail to the following address:
Attention: Contract Notices
1005 Slater Road
Durham, NC 27703
Last Updated: November 12, 2013