TERMS OF USE
YOU SHOULD CAREFULLY READ THESE TERMS OF USE (the “Terms”) BEFORE ACCESSING THE CLIENT PORTAL AND PAYMENT PLATFORM. Your dental or medical care provider (“Provider”) has partnered with OrthoFi, Inc., doing business as AcceptCare (“AcceptCare”), a software and technology services provider, to make this client portal and payment platform available to you. These Terms govern your access to and use of your Provider’s online patient portal and payment platform and any of the services, including services offered by unaffiliated third parties, made available through or on the same (collectively, the “Platform”). Users of the Platform and the Services are referenced below as “you,” “your,” “yours.”
THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND ACCEPTCARE. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOU MUST AGREE TO THESE TERMS TO RECEIVE ACCESS TO THE PLATFORM OR UTILIZE ITS SERVICES. BY CLICKING ON LINKS WITHIN THE PLATFORM OR WEBPAGES BEYOND THE PLATFORM’S HOMEPAGE OR BY CLICKING ON A BOX OR ICON WHICH PROVIDES THAT YOU AGREE TO THESE TERMS, YOU AGREE TO THESE TERMS AS OF THE FIRST DATE OF ANY SUCH ACTION. IF YOU DO NOT FULLY UNDERSTAND, ACCEPT, AND AGREE WITH THESE TERMS, DO NOT CLICK ON A BOX OR ICON WHICH PROVIDES THAT YOU AGREE TO THESE TERMS AND DO NOT ACCESS OR OTHERWISE PARTICIPATE IN OR USE THE PLATFORM.
These Terms may be modified from time to time without notice and the updated or revised terms will be posted on the Platform. We will make commercially reasonable efforts to notify you of any material changes to these Terms; however, we are not obligated to do so. You waive any right you may have to receive specific notice of such changes to these Terms except for changes to our agreement to arbitration, which is discussed more fully below. IF YOU CONTINUE TO USE THE PLATFORM AFTER THE REVISIONS OR MODIFICATIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED TERMS.
NOTICE OF MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER PROVISION. These Terms contains a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in Section 8 or where prohibited by applicable law, you agree that any and all disputes between you and AcceptCare regarding your use of the Platform, any account with us, or any transactions made pursuant to these Terms will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. You have the right to reject this arbitration provision. For more details, see Section 10.
AcceptCare Provides Software and Service Solutions
Accessing the Platform
Privacy Policy
Proprietary Rights and Your Use of the Platform
Third-Party Products & Services
Permission to Share Your Information
Third-Party Provider Financing / Pre-Qualification
Payments
Communications by Text, Email, and Phone
Standard of Care and Indemnification
Representations and Warranties
Mandatory Arbitration and Class Action and Jury Trial Waiver
Disclaimers; No Warranties
Personal Data Ownership and Use
Your Content
Miscellaneous
Termination and Modification of the Platform
Additional Terms
Prohibition of Automated Interactions
Recurring Payment Policy
Contact Us
AcceptCare Provides Software and Service Solutions
AcceptCareoffers Providers cutting-edge technology and advanced software solutions that enable Providers to streamline non-clinical operations. AcceptCare’s technology enables Providers to create a centralized web-based hub (i.e. the Platform) from which it can manage a wide variety of operational tasks. The Platform includes integrated services provided by third parties (“Third-Party Providers”) as needed, including but not limited to payment processors, lenders, and non-lenders that offer financing. Some of these Third-Party Providers offer financial products or services. Please note that AcceptCare is not a lender, a loan broker, consumer finance company, or debt collector. AcceptCare does not endorse, sponsor, or assume responsibility for any products or services offered by Third-Party Providers accessible through the Platform. Users engage with Third-Party Providers at their own risk and are solely responsible for any transactions or interactions. AcceptCare is not a party to, nor does it have any responsibility for, agreements between you and Third-Party Providers. For more information, please see Section 5 of these Terms.
You acknowledge and agree that AcceptCare is acting solely as a technology and services provider to your Provider and enables your Provider to offer, in its sole discretion, comprehensive services, like payment and financing options, to Patients.
The Platform is intended for Providers and Users located within the United States. We make no representation that the Platform is appropriate or available for use outside of the United States. Access to the Platform from countries or territories or by individuals where such access is illegal is prohibited. We reserve the right to revoke or suspend any User’s access to the Platform at any time and for any reason, in our sole and absolute discretion.
By accessing the Platform, you affirm that you are either an authorized user representing a Provider located within the United States or a patient receiving care or services from such a Provider. By accessing the Platform, you further represent and warrant that all information provided to us or your Provider in connection with your treatment is true, accurate, and not misleading in any respect. If any such information changes, it is your obligation to update such information as soon as possible on the Platform.
If you choose, or are provided with, a username, password, or any other piece of information to access the Platform, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your username, password, or other security information. You shall bear the entire risk for any use thereof, whether you have authorized such use. If you permit other persons to use your computer or mobile device, login information, or any other means to access the Platform, you will be held responsible for any transactions they undertake, and we will not be liable for any damages resulting to you. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security by contacting us support@acceptcare.com.
We reserve the right to alter or discontinue the Platform and its associated services and materials at our discretion, without prior notice. We assume no liability for any downtime or restricted access. At times, we may limit access to portions of the Platform without notice. You are responsible for ensuring you have the necessary means to access the Platform and for making sure that anyone accessing it through your internet connection is aware of these terms and complies with them.
Privacy Policy
Your use of the Platform is also governed by our Privacy Policy, which outlines our practices concerning the collection, use, and disclosure of your personal information. By accessing and using the Platform, you affirmatively consent to the terms of the Privacy Policy and acknowledge that it forms an integral part of these Terms of Use. We encourage you to review the Privacy Policy regularly to stay informed about how your data is handled.
Proprietary Rights and Your Use of the Platform
Unless otherwise specified in these Terms, all information and screens appearing on the Platform are the sole property of us or our subsidiaries and affiliates, your Provider, and other parties. We enable your Provider to provide content through the Platform that is copyrighted or contains protectable trademarks of us or our third-party licensors and Third-Party Providers (collectively, the “Materials”). Materials may include documents, services, software, site design, text, graphics, logos, video, images, icons, and other content, as well as the arrangement thereof.
Subject to these Terms, we hereby grant to you a revocable, limited, personal, non-exclusive, and non-transferable license to use, view, print, display, and download the Materials for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use this Platform solely for your personal use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Platform or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Platform or Materials in any manner or for any purpose that would constitute infringement of our, our licensors’, our Third Party Providers’, or the Platform’s Users’ intellectual property rights. All rights not expressly granted herein are reserved. If you breach any of these Terms, the above license will terminate automatically.
By accessing or using the Platform, you agree that:
•Your use of the Platform is subject to and governed by these Terms;
•You will only access or use the Platform if you are at least eighteen (18) years old;
•You will always act in accordance with the law and custom, and in good faith in relation to your use of the Platform;
•You will comply with and be bound by these Terms as they appear on the Platform each time you access and use it;
•Each use of the Platform by you indicates and confirms your agreement to be bound by these Terms; and
•These Terms are a legally binding agreement between you and us that will be enforceable against you.
You further agree to not use the Platform in any way that:
•Changes or alters the Platform;
•Impairs in any way the integrity or operation of the Platform;
•Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
•Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications;
•Transmits any harmful or disabling computer codes or viruses;
•Harvests email addresses or any data of any kind from the Platform or its Users;
•Interferes with our network services;
•Attempts to gain unauthorized access to our network services;
•Suggests an express or implied affiliation or relationship with us without our express written permission;
•Impairs or limits our ability to operate the Platform or any other person’s ability to access and use the Platform;
•Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
•Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
•Dilutes or depreciates our or any of our affiliates’ names and reputations;
•Transmits or uploads content or images that infringe upon any third party’s intellectual property rights or right to privacy; or
•Unlawfully transmits or uploads any confidential, proprietary or trade secret information.
We have no obligation, but maintain the right, to monitor the Platform. This above list of prohibited activities provides examples and is not complete or exclusive.
Third Party Products & Services
AcceptCare enables your Provider to offer you products and services through or on the Platform that are provided by unaffiliated third parties. The Platform may provide tools that enable you to communicate with or export information to Third-Party Providers. Please note that AcceptCare does not provide, endorse, or guarantee any third-party product, service, information, or recommendation available through the Platform. The Third-Party Providers are not affiliated with AcceptCare or your Provider. The Third-Party Providers are solely responsible for their products, services, and communications and AcceptCare is not liable for any Third-Party Provider’s actions or failures arising out of or relating to such products, services, and communications.Products, services, or offers made available on or through the Platform by Third-Party Providers are subject to and governed by separate terms and policies established by those Third-Party Providers. We strongly encourage you to review those terms and policies before engaging with any offerings from Third-Party Providers.
Permission to Share Your Information
By accessing and utilizing the Platform, you are affirmatively and expressly authorizing AcceptCare to share any personal information you provide with current or future Third-Party Providers as needed for you to utilize the services or products of those Third-Party Providers. Third-Party Providers and their services are not under AcceptCare’s or your Provider’s control, and, to the fullest extent permitted by law, AcceptCare and your Provider are not responsible for Third-Party Providers use of your exported information.
YOU AGREE THAT ACCEPTCARE AND YOUR PROVIDER WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, CONTENT OF ANY THIRD-PARTY PROVIDERS, YOUR DEALINGS AND COMMUNICATIONS WITH THIRD-PARTY PROVIDERS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY PROVIDER. Any reference on the Platform to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.
Third-Party Provider Financing / Pre-Qualification
Once you gain access to the Platform through your Provider, you may (at the sole discretion of your Provider) have the option to explore financing offers from unaffiliated Third-Party Providers to assist with the cost of your Treatment Plan. To view certain available financing options, you will be prompted to complete a Pre-Qualification Form. By providing the information in the Pre-Qualification Form and submitting a request to review available financing offers through the Platform, you affirmatively and expressly understand and agree that:
The information you enter will be provided to participating Third-Party Providers so that they can identify and return certain “pre-qualified” financing offers.
You are authorizing the use of that information by one or more parties to obtain consumer report information about you from one or more consumer credit reporting agencies. These are soft credit inquiries that will not impact your credit score.
Requesting to view pre-qualified offers on or through the Platformis not an application for credit and does not guarantee approval. You will still need to submit an application to, and be approved by, any Third-Party Provider you select. While checking for pre-qualified offers does not result in a hard inquiry or affect your credit score, you understand that if you choose to apply for a pre-qualified offer with a participating Third-Party Provider, that Third-Party Provider may run a hard inquiry, which can impact your credit score.
The information you provide in the Pre-Qualification Form and any resulting offers from Third-Party Providers will be stored on the Platform for you to revisit for no longer than 31 days.
You may receive email, SMS texts, or other communications from your Provider to remind you about any pre-qualified offers available to you.
You are communicating information about yourself to the Third-Party Providers.
If you apply and are approved for financing, the terms of such financing will be governed by an independent agreement between you and the Third-Party Provider. AcceptCare plays no role in any credit determination process and has no involvement with the terms of any financing agreement.
Participating Third-Party Providers operate under their own set of terms, conditions, and disclosures. By asking these Third-Party Providers to consider your pre-qualification request, you are affirming that you have received, read, understand, and agree to their specific terms and disclosures, which are provided below. READ THESE TERMS BEFORE SUBMITTING YOUR REQUEST. The information you choose to share with these Third-Party Providers is subject to their terms, and neither AcceptCare nor your Provider has any involvement or liability with respect to those interactions.
PAYMENTS
You can use the Platform to pay for your Treatment Plan, with payment options offered at the discretion of your Provider. Your Provider may offer you the choice between making a one-time payment or setting up recurring payments. When you enter your payment information on the Platform, you are giving explicit permission for your Provider, through AcceptCare or another third-party processor, to execute your chosen payment option, referred to as a “Transaction.” By entering your payment information, you confirm that you have the legal authority to use the given payment method and that all submitted data is both accurate and complete.
If you opt for recurring payments, this choice authorizes your Provider, through AcceptCare or another third-party processor, to periodically bill your account as required to fulfill those Transactions. This authorization allows your payment information to be shared with third-party processors and financial institutions as needed to complete the Transactions.
Your payment information may be stored securely on the Platform for future use. You have an ongoing obligation to keep this stored information current for any upcoming Transactions. If a payment is rejected—for reasons like insufficient funds—the Transaction will automatically be reattempted and resubmitted once, no sooner than 4 days after the payment rejection. Your Provider will notify you about the success or failure of each payment attempt.
COMMUNICATIONS BY TEXT, EMAIL, AND PHONE
By providing your Provider with your phone number and/or email address, you consent to receiving communications such as text (SMS) messages, emails, and phone calls from your Provider. These communications may include secondary authentication requests, payment receipts, reminders, and account-related updates or support. Calls and text messages may be generated by automated dialing systems, and your cell phone carrier’s standard messaging and data rates may apply.
You have the option to opt out of these communications. To opt out of receiving emails, you can manage your communication preferences within the Platform. To opt out of receiving text messages, reply STOP or follow the instructions included in the text message. To discontinue phone calls, you can either inform the caller during the call or contact support. Please be aware that opting out of certain communications may impact your ability to use some features of the Platform.
Standard of Care and Indemnification
These Terms and the relationship created hereby does not create a fiduciary relationship between you and AcceptCare. You agree to indemnify AcceptCare and hold AcceptCare harmless from any loss or liability (including the reasonable fees and disbursements of counsel) incurred by it in rendering services hereunder or in connection with any breach of the terms of these Terms, except such loss or liability which results from AcceptCare’s willful misconduct. Notwithstanding anything to the contrary, AcceptCare shall not be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages, even if you have been apprised of the likelihood of such damages occurring.
You further agree to indemnify, defend and hold harmless AcceptCare, its affiliates, officers, directors, members, managers employees, contractors, agents, and any of our third-party service providers, from and against any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from: (a) your access or use of the Platform; (b) your infringement or the infringement of any third-party using your account, of any intellectual property right of another; and (c) any authorized activity through your account.
Representations and Warranties
You represent and warrant that these Terms constitute a legal, valid, and binding obligation enforceable against you. You represent and warrant that you are responsible and liable for all access and uses of the Platform resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of these Terms. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of your employees, contractors, patients, and any other individuals or entities who you permit to access and use the Platform (each, an “Authorized User”), and any act or omission by an Authorized User that would constitute a breach of these Terms if taken by you will be deemed a breach of these Terms by you. You shall ensure that all Authorized Users aware of the provisions of these Terms as applicable to such Authorized User’s use of the Platform and shall cause all Authorized Users to comply with such provisions.
Finally, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL DATA) ON THE PLATFORM.
MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER.
For purposes of this Section 10 only, “you” refers to you; “we” or “us” refers to AcceptCare; and “Claim” means any dispute between you and us arising out of, affecting, or relating to the use of the Platform by you or your Authorized Users, any account created, maintained, or accessed on the Platform, the products or services we have provided or make available through the Platform, and/or any aspect of your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Claim has the broadest meaning possible. It also includes disputes related to the validity, enforceability, coverage, or scope of this arbitration provision. Further, Claim includes any dispute with our employees, agents, successors or assigns, and present or future affiliates, and any Claim against these parties may be joined or consolidated with any related Claim against us in a single individual (i.e., non-class) arbitration proceeding or single individual (i.e., non-class) small claims action. In the event that the parties are not able to resolve a Claim, you hereby agree that either you or we may require any Claim to be arbitrated on a single individual (non-class) basis.
CLASS ACTION WAIVER: THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL NON-CLASS BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON EXCEPT AS SET FORTH IN THE FIRST PARAGRAPH OF THIS ARBITRATION PROVISION; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.
You and we agree that any transaction between us (including, but not limited to, your involvement with the Platform) and/or our shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. If a court finds the FAA does not apply, and the finding cannot be appealed, then your state’s arbitration law governs. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration provision; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.
If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. Information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting AAA’s website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA is unable or will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. Arbitration shall be conducted by video conference, unless applicable laws require another location.
Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator may award any remedy or relief that a state or federal court in a state of proper jurisdiction could order in a single-plaintiff non-class lawsuit. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.
If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to the parties according to AAA rules.
If any provision in this arbitration provision is found to be unenforceable, it shall be stricken from the arbitration provision and the remaining provisions of the arbitration provision shall remain fully enforceable. If a Claim seeks public injunctive relief and, after exhaustion of all appeals, a court determines that a provision in this arbitration provision restricts such claim and, therefore, is invalid with respect to that claim, the Claim seeking public injunctive relief will be determined in court. However, any Claim seeking money damages shall be arbitrated at the election of either party. The parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to any Claim seeking money damages has been entered in court.
Except as otherwise set forth in this provision, the arbitration provision may be amended by us only upon advance notice to you. If we make any amendment to the arbitration in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by the arbitration provision that have arisen or may arise between you and us.
This arbitration provision will survive the termination of these Terms and any other transactions with or between us. You may reject this arbitration provision within 30 days of giving these Terms by emailing us at support@othofi.com and including in the subject line “Rejection of Arbitration Provision.” Your rejection of this arbitration provision will apply only to this arbitration provision and not to any prior or subsequent arbitration agreement into which you have entered or will enter with us. If you do not reject this arbitration provision, it is effective as of the date that you execute or otherwise agree to these Terms.
DISCLAIMERS; NO WARRANTIES
THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ACCEPTCARE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ACCEPTCARE DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE PLATFORM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ACCEPTCARE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM OR ACCEPTCARE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING THE PLATFORM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PLATFORM AND YOUR DEALINGS WITH ANY OTHER PLATFORM USER OR THIRD-PARTY PROVIDER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM) OR ANY LOSS OF DATA.
ACCEPTCARE IS DEDICATED TO PROHIBITING AND ACTIVELY PREVENTING MONEY LAUNDERING AND ANY ACTIVITY THAT FACILITATES MONEY LAUNDERING OR THE FUNDING OF TERRORIST OR CRIMINAL ACTIVITIES BY OBSERVING REQUIREMENTS IMPOSED ON FINANCIAL INSTITUTIONS UNDER THE BANK SECRECY ACT AND ITS IMPLEMENTING REGULATIONS. ACCEPTCARE IDENTIFIES PROVIDERS THAT WISH TO LICENSE THE PLATFORM, PERFORMING DILIGENCE CONSISTENT WITH WHAT IS REQUIRED OF FINANCIAL INSTITUTIONS. TO THAT END, ACCEPTCARE COLLECTS CERTAIN INFORMATION REGARDING ITS CLIENTS AND THEIR OPERATIONS PURSUANT TO ITS INTERNAL PROCEDURES, POLICIES, AND PROGRAMS. ACCEPTCARE PARTNERS WITH OTHER BUSINESSES, INCLUDING BANKS AND NON-BANK LENDERS, THAT ARE LICENSED TO ENGAGE IN MONEY TRANSMISSION AND LEND MONEY OR OFFER FINANCING. ACCEPTCARE’S LICENSES AND THE LICENSES MAINTAINED BY THIRD PARTY PROVIDERS MAY IMPACT OUR PROVISION AND YOUR USE OF CERTAIN PARTS OF THE PLATFORM, DEPENDING ON WHERE YOU LIVE. ACCEPTCARE SEEKS TO ADHERE TO ALL RELEVANT, APPLICABLE LAWS, REGULATIONS, AND RULES OF FEDERAL AND STATE GOVERNMENTAL AND REGULATORY AUTHORITIES (COLLECTIVELY, “APPLICABLE LAWS”). COMPLIANCE WITH APPLICABLE LAWS MAY INCLUDE COMPLIANCE WITH ANY GUIDANCE OR DIRECTION OF ANY REGULATORY AUTHORITY OR GOVERNMENT AGENCY, ANY WRIT OF ATTACHMENT, LIEN, LEVY, SUBPOENA, WARRANT, OR OTHER LEGAL ORDER (COLLECTIVELY, “LEGAL ORDERS”). YOU UNDERSTAND AND ACKNOWLEDGE THAT IN NO EVENT WILL ACCEPTCARE OR A THIRD-PARTY PROVIDER ON THE PLATFORM BE OBLIGATED TO COMPLETE ANY TRANSACTION IT BELIEVES WOULD VIOLATE ANY APPLICABLE LAW. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT ACCEPTCARE IS NOT RESPONSIBLE FOR ANY LOSSES, WHETHER DIRECT OR INDIRECT, THAT YOU MAY INCUR AS A RESULT OF ACCEPTCARE’S GOOD FAITH EFFORTS TO COMPLY WITH ANY APPLICABLE LAW, INCLUDING ANY LEGAL ORDER.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. AcceptCare does not disclaim any warranty or other right that AcceptCare is prohibited from disclaiming under applicable law.
Personal Data Ownership and Use
You own your personal data (as defined in the Privacy Policy) and any other information you submit on or through the Platform (collectively, “User Information”). If you are entering someone else’s information into the Platform, you represent and warrant that you have all requisite permissions to do so. For us to provide the Platform, you grant us a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable license to use your information and data, subject to the restrictions in our Privacy Policy and these Terms. You also agree to allow AcceptCare to de-identify and anonymize your data or information and to use or disclose such de-identified information for any purpose.
Your Content
If you submit information and materials through the Platform, such as device data, comments, feedback, reviews, photos, documents, videos, or other materials (“User Content”), you agree to provide only truthful and accurate material that you have the right to provide to us. You retain all rights in and to your User Content. However, by submitting User Content to us, you grant us and our agents, sublicensees, contractors, Third Party Providers, and assigns (“Licensed Parties”), a license to: (a) use and distribute your User Content so that we can provide the Platform; and (b) use your User Content for our business purposes, in our sole discretion.
We will not pay you for the use of your User Content and we reserve the right to remove or delete any User Content, in our sole discretion. It is your responsibility to keep a copy of your own User Content in the event it is deleted, lost, or altered.
You represent and warrant that (i) you are solely responsible for all User Content you upload, transmit or otherwise provide to us, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, and (iii) the Licensed Parties’ use of your User Content as described herein will not violate the rights of any others, including (but not limited) to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, nor will it violate any law, rule or regulation. To the fullest extent allowable by law, you release the Licensed Parties from, and agree to indemnify the Licensed Parties for, all claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with your User Content that violates this provision.
Miscellaneous
These Terms supersede any other agreement between us or any representations made by one party to the other, whether oral or in writing, concerning the Services. These Terms shall not be assigned by you without our prior written consent. Subject to the foregoing, these Terms shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, representatives, successors, and permitted assigns.
These Terms are governed by, and shall be construed and enforced under, the laws of the State of Colorado without regard to any choice or conflict of laws rules. If a dispute arises out of or relates to these Terms, or the breach thereof, and if said dispute cannot be settled through negotiation it shall be finally resolved by arbitration consistent with Section 10. If any proceeding is brought for the enforcement of these Terms, then the successful or prevailing party shall be entitled to recover all attorneys’ fees and other costs incurred in such proceeding in addition to any other relief to which it may be entitled to the extent that such fees and costs are not prohibited by applicable law.
We may take any action authorized or permitted by these Terms without being liable to you, even if such action causes you to incur fees, expenses, or damages.
While we strive to provide robust security, no system is completely foolproof. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or misuse your information saved on the Platform. We encourage you to remain vigilant and take responsibility for securing your personal information, knowing that you provide it at your own risk. AcceptCare and may experience cyber-attacks, extreme market conditions, or other operational or technical difficulties which could result in the immediate halt of the Platform temporarily or permanently. We are not and will not be responsible or liable for any loss or damage of any sort incurred by you as a result of such cyber-attacks, operational or technical difficulties, or suspensions of transfers or withdrawals.
Fraudulent activity is strictly prohibited and may result in the closure of your account on the Platform. Fraudulent activity includes any attempt to take advantage of errors on the Platform, systems, applications, or technology platforms. Any errors identified should be flagged to support@acceptcare.com for appropriate consideration, where applicable.
Termination and Modification of the Platform
These Terms are effective beginning when you first download, install, access, or use the Platform, and ending when terminated as described below.
If you violate any provision of these Terms, then your authorization to access the Platform and these Terms automatically terminate. In addition, AcceptCare may, at its sole discretion, terminate these Terms or your account on the Platform, or suspend or terminate your access to the Platform, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination.
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Platform; (b) you will no longer be authorized to access your account or the Platform; (c) in addition to the amount due for the Services, you must pay the fees and/or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees, of your delinquent account; (d) any funds remaining in your account will be handled in accordance with applicable state laws; and (e) all payment obligations accrued prior to termination and any provision of these Terms that, in order to give proper effect to its intent, should survive such expiration or termination, will survive. You are solely responsible for retaining copies of any information you provide to the Platform since upon termination of your account, you may lose access rights to any information you provided to the Platform. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Platform using a different name, email address, or other forms of account verification.
AcceptCare and your Provider reserve the right to modify or discontinue all or any portion of the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice to you. AcceptCare will have no liability for any change to the Platform, including any paid-for functionalities of the Platform, or any suspension or termination of your access to or use of the Platform. You should retain copies of any information you provide to the Platform so that you have permanent copies in the event the Platform is modified in such a way that you lose access to information you provided to the Platform.
Additional Terms
Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to the Platform (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Prohibition of Automated Interactions
Users of this Platform are strictly prohibited from deploying or utilizing automated systems, tools, or methods, including but not limited to bots, scripts, crawlers, or algorithms, to interact with, access, scrape, or manipulate the Platform’s content, services, or functionalities. Such unauthorized actions not only compromise the integrity and performance of the Platform but may also infringe on intellectual property rights. Any detected or reported instance of such activities will result in immediate termination of access rights. We reserve the right to monitor and investigate any suspected violations of this provision and to pursue all available remedies, including legal action, against individuals or entities responsible for such violations.
Recurring payment policy
By choosing services or products with recurring payment features and providing your payment information, you expressly authorize AcceptCare, your service provider and its designated third-party service providers acting on its behalf to electronically debit your bank account or charge your credit card on a recurring basis in accordance with the terms of your selection.For debit payments, a receipt for each recurring payment will be provided to you. For credit card payments, the charge will appear on your credit card statement. If your payment due date falls on a weekend or holiday, it will be processed on the next business day. Your bank or credit card company may impose fees in connection with any rejected payments and you should contact your bank or credit card company for more specific information. You understand that because these are electronic transactions, the funds may be withdrawn from your account or charged to your credit card as soon as the date of this transaction or subsequent payment due dates.
You agree that no prior notification of payments will be provided unless the date or amount of your recurring payment changes, in which case you will receive notice from us at least 10 days prior to the payment being collected. You acknowledge that all authorized transactions must comply with applicable law. You also authorize us to initiate any corrective entries as necessary and, at our sole discretion, to re-initiate the payment for the same amount if the initial debit or credit is unsuccessful, to the extent allowed by applicable law.
You understand and agree that your authorization will remain in full force and effect until the last payment is made or until you notify us that you wish to revoke this authorization. This authorization may be revoked in writing by sending notice of the revocation to 900 S Broadway # 100, Denver, CO 80209 or orally by contacting us at (877) 766-5220. You must notify us of any revocation of this authorization in such time as to afford us and your bank or credit card company a reasonable opportunity to act upon your request, typically at least 15 business days prior to the next scheduled payment.
You understand that authorizing recurring electronic payments is optional, and not a condition of obtaining credit. You further understand that revoking this authorization does not affect your obligation to make the payments outlined above.
You understand the importance of maintaining accurate and current financial information for the successful execution of your recurring payments. Therefore, you agree to promptly update any changes to your banking or credit card information via this patient portal and payment platform. By providing us with the debit or credit card information required to process your electronic payments, you represent and warrant that any information you provide is accurate and complete and that you are legally authorized to make payments using the designated payment method. You are responsible for ensuring that sufficient funds or credit are available to facilitate payment.
The Platform is supported by AcceptCare. If you have any questions about these Terms, please contact us by email at support@acceptcare.com
Last modified: September 2023