1. Introduction
These Terms and Conditions govern your use of My Healthcare Billing's website and services. By accessing our website or utilizing our services, you represent that you have read, understood, and agree to these Terms in full.
2. Definitions
- "Company" refers to My Healthcare Billing.
- "Services" include all services provided by the Company, including but not limited to medical billing, coding, accounts receivable recovery, insurance verification, and related activities.
- "User" refers to any individual, entity, or authorized representative accessing or using our services.
3. Eligibility
- Users must be at least 18 years old and legally capable of entering into a binding agreement.
- The Company reserves the right to deny access to any User for any reason, at its sole discretion.
4. Services provided
The scope of services will be defined in a separate written agreement. Users acknowledge that all services provided are subject to these Terms and any additional terms outlined in the agreement.
5. User responsibilities
- Users must provide accurate, current, and complete information to the Company.
- Users must ensure compliance with all applicable laws, regulations, and industry standards while using our services.
- Users agree to maintain the confidentiality of account details and promptly report any unauthorized access.
- Users are prohibited from using the Company's services for any unlawful, unethical, or fraudulent activities.
6. Fees and payment
- Fees for services are specified in a separate agreement and must be paid in full by the agreed-upon due date.
- The Company reserves the right to suspend or terminate services for non-payment or delayed payment.
- Users are responsible for any additional charges or penalties resulting from non-compliance with payment terms.
7. Confidentiality and data security
- The Company adheres to strict confidentiality standards and complies with HIPAA and all applicable U.S. data protection laws.
- Users agree to protect sensitive information and must notify the Company immediately in case of a breach.
- The Company reserves the right to take legal action for any misuse or unauthorized disclosure of confidential information.
8. Intellectual property
- All content, including but not limited to text, graphics, software, and trademarks, is the sole property of My Healthcare Billing or its licensors.
- Users are prohibited from copying, distributing, or using any content without prior written consent from the Company.
9. Limitation of liability
- To the maximum extent permitted by law, the Company is not liable for any indirect, incidental, or consequential damages arising from the use of its services.
- The Company's total liability is strictly limited to the amount paid by the User for the services in question.
10. Termination
- The Company reserves the right to suspend or terminate access to its services without notice for any violation of these Terms or applicable laws.
- Users remain liable for any fees or obligations incurred prior to termination.
11. Changes to terms
The Company reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. Continued use of the services constitutes acceptance of the revised Terms.
12. Governing law and dispute resolution
- These Terms and any disputes arising from them are governed by the laws of the United States of America.
- Any legal claims or disputes must be resolved exclusively in the federal or state courts located in Chicago.
- Users agree to waive any objection to jurisdiction or venue in such courts.
13. HIPAA & Business Associate Agreement
For Users that are HIPAA Covered Entities, a separate Business Associate Agreement (BAA) governs the use and disclosure of Protected Health Information (PHI). The BAA is hereby incorporated by reference. To the extent any provision of these Terms conflicts with the BAA with respect to PHI, the BAA controls.
14. Disclaimer of warranties
The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied. To the maximum extent permitted by law, the Company disclaims all warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company does not warrant that the Services will be uninterrupted, error-free, or free of harmful components, or that any specific reimbursement, collection, or revenue outcome will be achieved.
15. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Services in violation of these Terms or applicable law;
- Your breach of any representation, warranty, or covenant in these Terms or any service agreement;
- Inaccurate or incomplete data, codes, or documentation you submit to us;
- Any third-party claim arising from your use of the Services.
16. Force majeure
Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including without limitation acts of God, natural disasters, pandemics, war, terrorism, civil unrest, governmental action, internet or telecommunications outages, payer system outages, or third-party service failures. The affected party will resume performance as soon as reasonably practicable.
17. Independent contractor relationship
The Company is an independent contractor of the User. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between the parties. Neither party has authority to bind the other.
18. Arbitration and class-action waiver
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved by good-faith negotiation within thirty (30) days will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in Chicago, Illinois, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
Class-action waiver: All claims must be brought in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
You may opt out of this arbitration provision by sending written notice to [email protected] within thirty (30) days of first agreeing to these Terms.
19. Notices
Notices to the Company must be sent in writing to: My Healthcare Billing, 111 N Wabash Ave 100-3701, Chicago, IL 60601, USA, with a copy to [email protected]. Notices to the User may be sent to the email or postal address on file. Notices are effective on receipt for personal delivery, on the next business day for overnight courier, and on transmission for email (provided no bounce-back is received).
20. Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without the Company's prior written consent. The Company may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets. These Terms are binding on, and inure to the benefit of, the parties' respective successors and permitted assigns.
21. Waiver
No failure or delay by either party in exercising any right under these Terms will operate as a waiver. No single or partial exercise of any right will preclude further exercise of that or any other right. Any waiver must be in writing and signed by the waiving party.
22. Severability
If any provision of these Terms is held by a court or arbitrator to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.
23. Survival
The following sections survive any termination or expiration of these Terms: 6 (Fees and payment, with respect to amounts already due), 7 (Confidentiality and data security), 8 (Intellectual property), 9 (Limitation of liability), 13 (HIPAA & BAA, to the extent required), 14 (Disclaimer of warranties), 15 (Indemnification), 18 (Arbitration), and any other provision that by its nature is intended to survive.
24. Entire agreement
These Terms, together with any service agreement, BAA, and other written agreements between the parties, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, or agreements, whether oral or written. In the event of a conflict between these Terms and a signed service agreement or BAA, the signed agreement controls for the matters it covers.
25. Contact information
For questions or concerns about these Terms and Conditions, please contact us at:
- Email: [email protected]
- Phone: +1 888 336 2455
- Mail: My Healthcare Billing, 111 N Wabash Ave 100-3701, Chicago, IL 60601, USA
By using our services, you acknowledge and agree to these Terms and Conditions in their entirety. Thank you for choosing My Healthcare Billing.