TERMS AND CONDITIONS

Last Updated: February 22, 2023

1.     Acceptance of Terms

Welcome to PatientPay (“PatientPay,” “we” or “us”) and our Website Terms of Use (these “Terms”).  These Terms are important and affect your legal rights, so please read them carefully. 

Please note that Section 15 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.  Additionally, Section 6(b)(i) provides your authorization for PatientPay to adjust payment amounts on your payment method on file, both upward and downward, for limited purposes set forth below, provided that (i) you do not opt out of an intended payment adjustment within 72 (seventy-two) hours of PatientPay’s notification to your preferred Communications electronically of record, , and (ii) our payment adjustment notification, which will include instructions for your opting out.

By accessing or using the websites located at www.patientpay.net, www2.patientpay.net and www.patientpay.com  or any sub-domain associated to these websites (collectively, the “Site”), you agree to be bound by these Terms and all of the terms incorporated herein by reference.

By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. 

If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Site or any features provided on the Site.

By accessing or using the Site, you represent and warrant that you have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site. 

These Terms may be revised at any time for any reason, and PatientPay may provide you notice of these changes by any reasonable means, including by providing notice through the Site.  You can determine when we last updated the Site by referring to the “Last Updated” legend at the top of these Terms.  Except to the extent that your express consent to any revised Terms is required under data protection law, by continuing to access, browse or use the Site, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference.  We strongly recommend that you periodically visit this page of the Site to review these Terms. If you do not agree to the revised Terms, you may not access or use the Site.

2.     Registration and Personal Data

In order to access and use certain areas or features of the Site, you will need to register or have the express consent and legal authority to answer identification questions for the purposes of specific record for an account.  Each registration is for a single user only. 

By creating or accessing an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account.  Any changes to your registration information may be made by sending such changes to support@patientpay.com.  If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.

By creating or accessing an account, you also consent to receive electronic communications from PatientPay (e.g., via by preferred Communications electronically or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via Communications electronically, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

3.     Consent to PatientPay Personal Information Access, and Use of Electronic Signatures, Communications and Notices

(a)    Your Consent:  By using the payment solutions that are available through the Site, you authorize PatientPay to collect and make accessible to you through the Site individually identifiable health information, billing forms and notices, and payment records supplied by you or obtained from the different Patient Providers (as defined in Section 4 below) that also use PatientPay’s payment solutions.  PatientPay is also authorized to compile and use aggregate information (which cannot be used to identify you) that is obtained from information provided by you through the Site or by your Patient Providers.  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 made available to you under these Terms and Conditions. PatientPay will provide Communications to you by posting them on the Site and/or by Communications electronically provided by patient Provider to PatientPay. PatientPay reserves the right, in its sole discretion, to communicate with you in paper form and by offline means.  Use of payment solutions available through the Site is also subject to PatientPay’s Privacy Policy, available at [include link].

       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.

(b)   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 888.730.9374 orsupport@patientpay.com. 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.

(c)    You Must Keep Your Email Address and/or Mobile Number 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 or mobile number by updating your account profile at the Site or by contacting PatientPay at 888.730.9374 or support@patientpay.com. You understand and agree that if PatientPay sends you an electronic Communication but you do not receive it because your email address or mobile number 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 still be deemed to have provided the Communication to you. 

(d)   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 and/or mobile number; (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/Edge, Mozilla Firefox, Safari, or Chrome (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; (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.

4.     PatientPay’s Relationship with You 

PatientPay acts as a payment service provider and its operation of this Site helps certain third-party health care service providers (“Patient Providers”) receive payments from you for products and services provided by them 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 or made available to you through the Site. You must contact your Patient Providers directly regarding any discrepancies or disputes in the billing statements issued by your Patient Providers.

5.     PatientPay’s Relationship with Patient Providers

You hereby acknowledge that PatientPay serves as a limited purpose agent for your Patient Providers for purposes of accepting payments from you for amounts owed by you to your Patient Providers and then remitting those payments to your Patient Providers. You hereby acknowledge and agree that payments made by you through the Site constitute payments to your applicable Patient Providers and are not payments to PatientPay for any of its services.

6.     Payment Services

(a)    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 for which the Patient Provider has deemed a patient responsibility is remaining. The Schedule Payment Solution allows users or their Patient Providers to select the services that the user intends to receive. 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 6(c) 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 Medicaid, or any other public or government health plan. If you discover that you have Medicaid, or other public or government coverage, you must tell your Patient Providers immediately.

(b)   Payment Methods:   

                         i.    General Terms:  The Site allows you or your Patient Providers to submit your debit or credit card or bank account information to PatientPay for processing payments owed to your Patient Providers. You authorize PatientPay to store and use the debit and credit card information that you or your Patient Providers have provided to us, to automatically charge you for payments that you have authorized. You may change or remove the payment methods you have provided to us in the payment methods area of your account, or in the payment link(s) we provide to you.  If you remove all payment methods, we will not be able to make payments on your behalf, until we receive another payment method.

You acknowledge and agree that PatientPay may use certain third-party vendors and licensors to process payments and manage credit and debit card and bank account information. To the extent permitted by applicable law and subject to PatientPay’s Privacy Policy, you acknowledge and agree that the third-party vendors and/or licensors processing your payments and your credit or debit card issuing institution or bank will receive information about you and your Patient Providers, such as your Patient Providers’ names and the amount of the payments. To the extent permitted by applicable law and subject to PatientPay’s Privacy Policy, you authorize PatientPay to share information you submit to PatientPay and information received from or about your credit or debit card or bank account with your Patient Providers.

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, force majeure events, connectivity problems, or Internet outages) 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.

                       ii.         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.

Additionally, you acknowledge and agree to authorize PatientPay to adjust payment amounts charged to your credit card upward or downward as the Patient Provider determines as services are rendered and added to current balances already due.

PatientPay will not permit payment adjustments to be charged to your debit or credit card account unless PatientPay has (a) notified you via Communications electronically (sent to the email or phone associated with your account) of the intended adjustment, and (b) within seventy two (72) hours of our transmission of that Communication electronically notification you have not opted out of the payment plan by selecting stop payments plan form the Site or contacting Patient Provider or PatientPay staff directly.   

                      iii.         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.

(c)    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  before the scheduled payment date.

To cancel any scheduled recurring payments 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 before the next 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 before the next scheduled payment date to enable PatientPay to update your payment information.

(d)   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.

(e)    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.

7.     Restricted Use of Site Materials

(a)    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.

(b)   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, 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.

(c)    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. 

(d)   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 or other activities 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,  contract or third party rights.

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.

8.     User Content

You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Site.  In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site.  IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.

You agree that you will not, and will not permit anyone else to, directly or indirectly:

•           Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable;

•           Transmit any User Content: (i) 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; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data;

•           Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site.

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.

9.     Rights in User Content

We do not claim any ownership interest in your User Content.  

However, by uploading, posting or submitting User Content to the Site or to our pages or feeds on third party social media platforms (e.g., PatientPay’s Facebook page, LinkedIn page or Twitter feed), you hereby grant PatientPay a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes, however, PatientPay will only share personal information that you provide in accordance with our Privacy Policy at www2.patientpay.net/privacy

You acknowledge and agree that Company may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of PatientPay, its customers or the public. 

10.   Feedback 

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about PatientPay, the Site or the services (collectively, “Feedback”).  Feedback is non-confidential, and to the maximum extent permitted under applicable law, PatientPay shall have the non-exclusive right to use, in any manner and for any purpose, all such Feedback, without limitation, all intellectual property rights in and to such Feedback, and PatientPay shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11.   Linked Sites

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.

12.   Indemnification

You shall indemnify, hold harmless, and, at PatientPay’s option, defend PatientPay and its affiliates, employees, contractors, agents, representatives, officers, and directors from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by PatientPay resulting from any third-party claim, suit, action or proceeding relating to or arising 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.  You further agree that PatientPay shall have control of the defense or settlement of any third party claims, unless PatientPay exercises its option to require you to defend PatientPay.  This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and PatientPay. 

13.   Disclaimers

While PatientPay makes reasonable efforts to ensure the Site content is correct, PatientPay makes no warranties or representations as to the accuracy of the Site content.  THE SITE, ALL SERVICES, FUNCTIONALITY, AND CONTENT, INCLUDING ANY CONTENT OR OTHER INFORMATION DELIVERED TO YOU VIA EMAIL, BY TELEPHONE, OR OTHERWISE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PATIENTPAY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE.  IN ADDITION, PATIENTPAY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION,  AND FREEDOM FROM COMPUTER VIRUS.

PATIENTPAY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. PATIENTPAY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. PATIENTPAY DOES NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND PATIENTPAY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.  TO THE FULLEST EXTENT PERMITTED BY LAW, PATIENTPAY ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS AND PERFORMANCE OF THE SITE, THE SERVICES, FUNCTIONALITY AND CONTENT.

BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.

14.   Limitation of Liability; Waiver  

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, SERVICES AVAILABLE THROUGH THE SITE AND ANY CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 OR INDIRECT 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.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PATIENTPAY ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE EXCEED THE AMOUNT PAID TO PATIENTPAY FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE PATIENTPAY’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

15.   ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PATIENTPAY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

YOU AND PATIENTPAY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR THE SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.  Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing.  Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and PatientPay agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address.  PatientPay further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association.  You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and PatientPay are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the services.REGARDLESS OF THE FORUM, YOU AND PATIENTPAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PatientPay agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

16.   Modifications to the Site  

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) at any time.

17.   Special Admonitions for International Use

This Site is hosted in the United States of America.  If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. 

18.   Termination  

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

19.   Disabling Access / Termination of These Terms and Conditions

PatientPay reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and Conditions and your access to all or any part of the Site, the services available through 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, the services available through the Site, or the Content at any time without prior notice or liability. If these Terms and Conditions are terminated, this Section and Sections 6(b) and 6(d), as well as other terms, which by their nature should survive, will survive termination of these Terms and Conditions.

20.   Assignment

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 or any part of its assets 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. 

21.   Governing Law and Jurisdiction

PatientPay operates the Site from North Carolina, U.S.A.  These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of North Carolina, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State.  The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in North Carolina, shall not apply.  Except as otherwise provided in Section 15, the exclusive forum for the resolution of any dispute relating to these Terms shall be in the state courts residing in Wake County, North Carolina, U.S.A., or the United States District Court for the Eastern District of North Carolina and each of the parties agrees to personal jurisdiction of such courts with regard to any dispute relating to these Terms, and you agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law.

22.   Procedure for Making Claims of Intellectual Property Infringement

We expect users of the Site to respect the intellectual property rights of others.  If you believe in good faith that any of the content on the Site infringes your copyright, please provide our copyright agent the written information specified below. 

(a)             An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b)            A description of the copyrighted work that you claim has been infringed;

(c)             A description of where the material that you claim is infringing is located on the Site;

(d)            Your address, telephone number and email address; 

(e)             A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

(f)             A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

PatientPay’s copyright agent for notice of claims of copyright infringement can be reached as follows:

PatientPay, Inc.

Attn: Legal Department

600 Park Office Dr.

Suite 300

Durham, North Carolina 27709

Please use this address to provide notifications of infringements of other types of intellectual property, such as trademarks or publicity rights.

23.   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.

24.   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.

25.   Miscellaneous

These Terms and Conditions constitute the entire agreement between you and PatientPay relating to the use of the Site and the services provided by PatientPay under these Terms and Conditions and supersede and replace any prior agreement and communication between you and PatientPay, except as otherwise set forth herein.  If any of these Terms and Conditions are deemed invalid, void or unenforceable, such term or condition shall be deemed severable and shall not affect the validity or enforceability of the remaining terms and conditions. Failure of PatientPay to act on or enforce any provision of these Terms and Conditions shall not be construed as a waiver of that provision or any other provision of these Terms and Conditions. By accepting these Terms and Conditions, you also represent and warrant that you are 18 years of age or older and, if you have accepted these Terms and Conditions on behalf of yourself or another person for whom, you have legal authority to do so.  Headings in these Terms and Conditions are for convenience only and shall have no legal meaning or effect.

Any notices to PatientPay under these Terms and Conditions must be mailed via certified U.S. mail to the following address:

PatientPay, Inc.

Attention: Contract Notices

600 Park Offices Dr

Suite 300

PO Box 13965

Durham, NC 27709