The web site located at WWW.PATIENTPAY.COM (this “Site”) is owned and operated by PatientPay Inc. (“PatientPay”). These Terms and Conditions are effective as of November 1, 2016.
These Terms and Conditions apply to all patients and other end users using the Site (referred to herein as “you” or “users”).
If you do not agree to every provision of these Terms and Conditions, (“Terms and Conditions”) please do not access, browse or use this Site.
These Terms and Conditions may be amended by updating this posting. By accessing, browsing and/or using this Site following the posting of changes to these Terms and Conditions, you accept these changes. In addition to these Terms and Conditions, you shall be bound by any additional terms, guidelines or rules that may appear throughout the Site, which are incorporated herein by this reference. You agree to use this Site in a manner consistent with any and all applicable rules, laws and regulations. We strongly recommend that you periodically visit this page of the Site to review these Terms and Conditions.
1. Your Responsibilities
1.1 Responsibility for the Information You Supply
You are solely responsible for submitting and maintaining truthful, accurate, complete, and current information for the Site about yourself and your method of payment (credit card, debit card or by electronic transmission of payment via the ACH network (collectively, your “Payment Method”)). PatientPay shall have no liability to you or any third parties in connection with the accuracy of the information you provide, including but not limited to your Payment Method Information. PatientPay shall have the right to rely on all information that you provide to PatientPay directly or through your doctor or other representatives.
1.2 Authorization of PatientPay
The Site allows you or your doctor, a laboratory service provider, other health care provider, or any third party licensors or vendors providing certain software and services to your doctor, (collectively, referred to in these Terms and Conditions as your "doctor") to submit electronic transactions to PatientPay indicating the amount that you owe the doctor, so that PatientPay can then collect the patient’s liability once you have reviewed and approved the applicable charges and to submit your Payment Method information for processing. You acknowledge and agree that PatientPay will use certain third party vendor and third party licensors to process payments and manage Payment Method information, including the processing of installment payments due to your doctor, if your doctor allows for the payment for their services pursuant to an installment payment plan (as determined by your doctor in their sole and complete discretion). You acknowledge and agree that the third party vendors and/or third party licensors processing your payment and the institution issuing your Payment Method will receive information about you and your doctor, such as your doctor's name and the amount of the fees. You authorize PatientPay to charge and/or debit your applicable Payment Method account for the charges for services rendered by your doctor, including any payment for services pursuant to an installment payment plan. You also authorize PatientPay to share all information you submit to PatientPay and all information received from or about your Payment Method account with your doctor. For some payments, you may receive an email from PatientPay asking you to approve payment of a certain amount to your doctor. By providing this approval, you are instructing PatientPay to charge the approved amount to your selected Payment Method.
1.3 Other Responsibilities and Agreements
You are responsible for complying with the policies described on the Site, in addition to the payment policies set by your doctor. For example, you will be charged any fees set by your doctor for missed appointments.
You acknowledge and agree that PatientPay will use a third party service to process payments and manage Payment Method information. To the extent that any charges cannot be collected from your applicable Payment Method, you are solely responsible for providing payment in full to your doctor. PatientPay will have no responsibility in connection with any unsuccessful charges or debits to your Payment Method.
2. Restricted Use of Site Materials
2.1 Limitation on Use
PatientPay or other authors are the copyright owners of all the material on this 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 this 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 in the Site for backup or archival purposes. You may not otherwise download or modify this Site or any Content, except with the prior express written consent of PatientPay. You ARE NOT granted any license for (i) any resale or commercial use of this Site or the Content; (ii) any derivative use of this Site or the Content; or (iii) 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 therein. Any unauthorized use by you shall automatically terminate all rights granted to you here-under and will be prosecuted to the full extent of the law.
2.2 Ownership of the Site and Content
2.2.1. 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 address 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, information, software, products or services obtained from the Site without PatientPay’s prior written consent. PatientPay reserves all rights not expressly granted herein.
You acknowledge and agree that any name, logo, trademark, or service mark contained on this Site is owned or used with permission of 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.
2.2.2 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 non-transferable, non-exclusive 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 updatedAMA 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 to PatientPay.
2.3 Right to Transmit
You agree that you will not: (i) 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 inappropriate 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; (ii) forge headers or otherwise manipulate identifiers in order to disguise any messages or other information transmitted through the Site; (iii) interfere with the Site or servers or networks connected to the Site; (iv) interfere with the ability of others to use the Site; (v) reproduce, sell, resell, sub-license, distribute or exploit for any commercial purposes, any portion of the Site or any messages or Content contained therein; (vi) 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 (vii) 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 (i) enforcing these Terms and Conditions; (ii) 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 5 below; (iii) responding to claims that any messages or other information violate the rights of third parties; or (iv) 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, non-exclusive license to reproduce, display, publish, modify, distribute and create derivative works of such messages or data.
3. Maintenance of the PatientPay Site
The information and material on this 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 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 this 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 this Site may monitor or review any links to this Site, PatientPay and such parties assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation. LINKING TO THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS.
Although this 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 TO LINK, NOT TO LINK, OR TO REMOVE THE LINK, TO ANY EXTERNAL SITE AT ANY TIME. Links to such External Sites are provided for informational purposes only. By entering this Site you acknowledge and agree that PatientPay has not reviewed the External Sites, nor endorses, makes any representation about, or is responsible for, the content contained on any External Site. Your access and use of any External Site is at your own risk.
5. Legal Requirements
If PatientPay has a good faith belief that such action is necessary to comply with a judicial proceeding, a court order, warrant, administrative order, civil investigative demand, subpoena or other valid legal process, PatientPay may disclose information about you such as IP addresses, personally identifiable information or any contents of the Site, or when PatientPay has a good faith belief that disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.Please see the Privacy Statement for information relating to the privacy and security of information collected hereunder.
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. THIS SITE AND ALL FUNCTIONALITY AND CONTENT, INCLUDING ANY CONTENT OR OTHER INFORMATION DELIVERED TO YOU VIA EMAIL, BY TELEPHONE OR OTHERWISE, IS 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 THIS SITE.
7. Limitations of Liability
You acknowledge and agree that your use of this Site and any Content is at your own risk. IN NO EVENT SHALL PATIENTPAY, THEIR AFFILIATES, THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS 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.
8. User Indemnity
By using this 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 (a) any violations by you (including any act or omission by you) of these Terms and Conditions, (b) any use or misuse of this Site by you and your agents and affiliates, or (c) any disputes between you and your doctor or other parties in connection with (i) any content that you or any doctors or other health care providers supply for the Site, (ii) your payments to your doctor, (iii) medical care that you receive, including but not limited to any claims by you for negligence by your doctor, (iv) any collection efforts by your doctor, or (v) your use of this Site.
9. 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 this 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.
10. Disabling Access/Termination of the Agreement
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. 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 clause and Sections 2.2, 5, 6, 7, 8 and 9 shall survive the termination of these Terms and Conditions.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We 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.
12. 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 the reasonable control of such party.
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 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 that 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. PatientPay is and shall be an independent contractor for all purposes relating to the Site and these Terms and Conditions, and neither party shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other.
Notices to you may be sent by PatientPay electronically via the email address you provide when registering to use the Site or via U.S. mail or other carrier to the mailing address you provide when registering. Any notices to PatientPay under this Agreement must be mailed via certified U.S. mail to the following address:
Attention: Contract Notices
1005 Slater Road
Durham, NC 27703