Terms of Use
Please read the terms and conditions of use carefully before accessing DoctorPayments.com (DoctorPayments). These terms and conditions of use and the referenced privacy policy constitute the “agreement” between you and LogixHealth. By accessing or using DoctorPayments, you certify that you are 18 years of age or older and acknowledge that you have read the agreement and that you understand and agree to be bound by the terms of this agreement and all disclaimers and terms and conditions that are included on DoctorPayments.
You should review this agreement each time you access DoctorPayments. LogixHealth reserves the right to modify this agreement at any time. Each time you use DoctorPayments, your use indicates your full acceptance of, and agreement to abide by, these terms and conditions. If you do not accept these terms and conditions, do not use DoctorPayments. By continuing to access DoctorPayments, you acknowledge that you will be bound by the agreement. If you do not agree with this agreement, you should discontinue using DoctorPayments.
Dispute notice: this agreement includes an arbitration clause. Except for certain types of disputes referenced in the arbitration clause below, you agree that disputes with LogixHealth will be resolved by mandatory binding arbitration, and you waive your rights to participate in a class-action lawsuit or class-wide arbitration.
Privacy Policy
For a detailed description of our information gathering and dissemination practices, we encourage you to read our Privacy Policy (incorporated by reference herein) closely because by using the DoctorPayments, you agree that LogixHealth can collect, use, and share your information consistent with that policy.
Who Can Use Our DoctorPayments
By using DoctorPayments, you are forming a binding contract with LogixHealth and must have the ability to read, understand and accept this Agreement and our Privacy Policy.
DoctorPayments is directed to persons in the U.S. who are 18 years or older and it is not intended for use in any country where it would violate local law or would subject LogixHealth to any regulations in another country.
Accounts and Security
You may not access someone else’s account without permission. When you are accessing your account, you must provide accurate and complete information. This means that you cannot access an account using someone else’s name or information, or make up a name or information.
You have complete responsibility for your account and everything that happens on your account. If you find out that someone is accessing your account without your permission, let us know immediately. We are not liable for any damages or losses caused by someone accessing your account without your permission. If we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable. You are responsible for the security of your own account.
Restrictions on Your Conduct
You may not engage in the following activities on DoctorPayments:
- Copy, display, distribute, license, publish, repost, sell, transmit, or use DoctorPayments or any content on DoctorPayments to create a derivative work or for any commercial purpose without prior written approval;
- Violate, misappropriate, or infringe the rights of LogixHealth, including intellectual property or other proprietary rights;
- Violate or facilitate any violation of local, state, federal or international law, statute, regulation, code or ordinance, including but not limited to regulations promulgated by or the rules of any national or other securities exchange;
- Violate or attempt to violate the security of DoctorPayments;
- Upload, launch, post, email or transmit any material (including any malware, bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt DoctorPayments, computer systems or data; and/or
- Attempt to collect or gather other people’s personal information.
We may investigate occurrences that we believe may involve improper activity and cooperate with law enforcement authorities in prosecuting any violations of law.
Information on DoctorPayments
DoctorPayments, including but not limited to, all the information displayed on and/or accessible through DoctorPayments is the property of LogixHealth or others and is protected by copyright, trademarks or other laws. You may not use our copyrights, trademarks, domains, logos, trade dress, and other intellectual property rights unless you have our express permission. No part of DoctorPayments or its contents may be reproduced, scraped, framed, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written permission of LogixHealth. LogixHealth reserves the right to enforce its intellectual property rights to the full extent of the law.
LogixHealth controls and operates DoctorPayments from the United States and makes no representation that DoctorPayments is appropriate or available for access and/or use in any other country.
No Medical, Professional Services or Advice
DoctorPayments is a resource used in connection with LogixHealth's medical coding, billing and analytical services. LogixHealth does not practice medicine, render medical advice, or dispense medical services through DoctorPayments or otherwise, and nothing contained on DoctorPayments is intended to be instruction for medical diagnosis or treatment. Information provided on DoctorPayments should not be relied upon for personal, medical, legal, technical or financial decisions. It should not be used in place of a visit, call, consultation or the advice of a physician, accountant, banker, lawyer, medical coder or other qualified expert.
While LogixHealth uses reasonable efforts to use information from reliable sources, LogixHealth makes no representations or warranties as to the accuracy, reliability or completeness of any information or document on DoctorPayments. LogixHealth undertakes no obligation to update or revise any information on DoctorPayments. The content of DoctorPayments is subject to change without notice.
Disclaimers
Disclaimer of Warranties - You expressly agree that access to and use of DoctorPayments is at your sole risk. DoctorPayments is provided on an “as is” and an “as available” basis. LogixHealth and its respective officers, directors, partners, parents, affiliates, members, subsidiaries, joint ventures, employees, agents, contractors, successors, or assignees and third-party service providers do not make, and hereby disclaim, any representations or warranties, express, implied, or statutory, regarding the website, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, use of our websites will be uninterrupted or error-free, free from computer virus or other harmful code and any warranties arising by course of dealing or custom of trade. LogixHealth makes no representation or warranty that any material, content, or services displayed on, or offered through our websites, are accurate, complete, appropriate, reliable, timely, error free, secure, safe, or that our websites will function without disruptions, delays, or imperfections. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
To the maximum extent permitted by applicable law and notwithstanding any other provision of this agreement, in no event shall LogixHealth (including any of its partners, affiliates, officers, directors, members, parents, agents, subsidiaries, joint ventures, employees, contractors, successors, or assignees and third-party service providers) (“LogixHealth related entities”) be liable to you (including any of your partners, officers, employees, agents, contractors, successors, heirs or assignees) for any indirect, special, incidental, exemplary, punitive, consequential damages or lost profits, whether arising in contract, equity, negligence, intended conduct, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), including, without limitation, your reliance on or use or inability to use the information, materials, or services on our websites, any errors or omissions in the content of our websites, any faults, interruptions, delays, inaccuracies, for your action or inaction in connection with our websites, for any viruses or damage to your computer or data, any damages associated with the loss of your personal information or any other damage or economic loss you may incur ensuing from or in connection with (a) DoctorPayments; or (b) your use of DoctorPayments and/or submission of personal or other information through DoctorPayments, even if LogixHealth related entities have been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.
Despite the foregoing limitation of liability for damages, if a tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall be limited to a maximum amount of $100.
The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in our terms, in such cases, the liability of LogixHealth will be limited to the fullest extent permitted by applicable law.
Indemnification
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless LogixHealth, including its partners, affiliates, officers, directors, members, parents, agents, subsidiaries, joint ventures, employees, contractors, successors, or assignees and third-party service providers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) that may arise directly or indirectly, out of, or from: (a) your access to or use of DoctorPayments; (b) your breach of this Agreement; (c) any misrepresentation made by you; or (d) any action (or inaction) you take or decision you make in reliance on the information contained on DoctorPayments. You will cooperate as fully as required by us in the defense or settlement of any claim. We will provide you with timely notice of any such claim, suit or proceeding.
Third Party Content and Links on DoctorPayments
References on DoctorPayments to any names, marks, or services of third parties, or hypertext links to third party sites or information or content provided by third parties, are provided solely as a convenience to you. We are not responsible for the practices or policies of such third parties, nor the content of any third party sites, and do not make any representations or endorsement regarding third party materials or services, or the content or accuracy of any material on such third party sites. We make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability or any other aspect of the content of such links. The use of third party websites is entirely at your own risk.
DoctorPayments and Services Availability
DoctorPayments and services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our services at any time and events beyond our control may affect our services.
We may modify, suspend, or terminate access to or use of DoctorPayments anytime for any reason, such as if you violate our Agreement or create harm, risk, or possible legal exposure for us, our users, or others.
Effect on Other Agreements
Nothing contained in these Terms and Conditions of Use is intended to modify or amend any other written agreement you may have with LogixHealth (collectively, “Other Agreements”), if any, that may currently be in effect. In the event of any inconsistency between these Terms and Conditions of Use and any Other Agreement, the Other Agreement will govern. Some aspects of DoctorPayments may contain supplemental terms and conditions, additional disclosures and/or disclaimers, which are hereby incorporated in this Agreement. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those aspects.
Governing Law
The laws of the Massachusetts, without regard to its principles of conflict of laws, will govern this Agreement (including any disputes concerning or related to this Agreement).
If you elect to access and/or use DoctorPayments from outside of the United States, we make no warranties that materials on this site are appropriate or available for use in such locations. You agree that you are solely responsible for compliance with any laws of your specific jurisdiction and further agree that you shall not use DoctorPayments if you are restricted by any local, state, national or international laws.
Arbitration, Class-Action Waiver, and Jury Waiver
Please read the following paragraphs carefully because they require you to agree to resolve all disputes between us through binding individual arbitration.
Dispute Resolution. You may contact us at info@logixhealth.com to address concerns about DoctorPayments. LogixHealth is able to resolve most concerns promptly. You and LogixHealth agree to use best efforts through this internal dispute resolution process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations, which shall be a condition to either party initiating a lawsuit or arbitration.
Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution under the initial dispute resolution provision, then either party may initiate binding arbitration, as discussed below, as the sole means to resolve claims, subject to the terms set forth below. Any claim that you might have against LogixHealth must be resolved through binding arbitration before the American Arbitration Association and must be brought within one (1) year of the claim arising.
Waiver of Jury Trial. LogixHealth and you each agree to waive the right to a trial by judge or jury for all disputes, except for disputes relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). Such disputes include but not limited to those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration, which is typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. LogixHealth and you agree not to combine a dispute that is subject to arbitration under this Agreement with a dispute that is not eligible for arbitration under this Agreement.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.
Required Use of AAA. You agree that the arbitration will be administered by the American Arbitration Association (“AAA”) under its Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.
Time Limit to Start Arbitration. We and you agree that for any dispute (except intellectual property disputes) must commence an arbitration proceeding or permitted court action within one year after the dispute first arose; otherwise, such dispute is permanently barred. This means that if we or you do not commence such a proceeding within one year after the dispute first arose, all claims will be dismissed as untimely.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with LogixHealth.
General
Modifications. At any time and at LogixHealth’s sole discretion, we may add, delete, or modify this Agreement or DoctorPayments. We will provide you notice of amendments to this Agreement, as appropriate by amending the “Last Modified” date at the top of this Agreement. Your continued use of LogixHealth confirms your acceptance of our Agreement, as amended. If you do not agree to our Agreement, as amended, you must stop using DoctorPayments. Please review our Agreement from time to time. All changes to the Agreement shall be effective immediately.
Miscellaneous:
This Agreement, which includes our Privacy Policy and any other legal notices published on DoctorPayments, constitute the entire agreement between you and us with regard to DoctorPayments. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Our failure or delay to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
All of our rights and obligations under our Agreement are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. You will not transfer any of your rights or obligations under our Agreement to anyone else without our prior written consent.
Contacting Us
If you have any questions about this Agreement, please contact us at info@logixhealth.com.
Although LogixHealth will in most circumstances be able to receive your e-mail or other information provided, LogixHealth does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information.