Terms & Conditions For Access & Use Of
Managed Healthcare Information Services
PayorID.com
Revised 5/1/2002
The MHIS web site known as ("PayorID.com") is an online information service. Access and use of PayorID.com is subject to compliance with the terms and conditions set forth in this agreement ("Agreement").
Examine this document carefully and understand its full contents before accessing or using PayorID.com. Subscriber agrees to be legally bound by the terms and conditions set forth in this Agreement by accessing or using PayorID.com. MHIS reserves the right to modify, edit or revise this Agreement at any time without notice to Subscriber. Any modifications to this Agreement shall be effective immediately upon PayorID.com’s posting. A link to this document is displayed on the Member page and on the Login page of PayorID.com. This page also displays the date this document was last revised. By accessing and using PayorID.com, Subscriber agrees to periodically review this Agreement and be bound by any modifications or amendments to this Agreement.
Usage Agreement
By accessing and using PayorID.com the user (“Subscriber”) hereby agrees to fully comply with the PayorID.com Polices ("Policies") set forth below. The Policies are the rules that govern the use of, and activity in connection with PayorID.com. Managed Healthcare Information Services (“MHIS”) reserves the right to amend such Policies without notice and as it in its sole discretion deems appropriate.
MHIS is the sole decision-maker as to the use of PayorID.com and as such, it has the right to disable or remove the account of any Subscriber that MHIS believes in its sole discretion to be in violation of such Policies.
If Subscriber is dissatisfied with PayorID.com or with any terms, conditions, rules, policies, guidelines or practices of MHIS in relating to PayorID.com, sole remedy is to discontinue using PayorID.com.
MHIS PayorID.com Policies
Use of and/or access to PayorID.com constitutes acceptance of these legal terms and conditions stated in this Agreement.
While accessing PayorID.com Subscriber may not; interfere in any way with others use of or access to PayorID.com; attempt to log-in using a username that has not been issued to the Subscriber by MHIS or its agents; or apply for a subscription using fraudulent or fictitious identity or contact information.
Subscriber is also responsible for implementing sufficient firewalls, protections, procedures and checkpoints to insure protection of Subscriber’s system and/or accuracy of data input and output, and for maintaining a means external to PayorID.com for the reconstruction of lost data.
MHIS Disclaimer
MHIS will not be responsible for errors or technical difficulties with the functionality of the site or for electronic mail transmissions. MHIS accepts no responsibility for errors in specifications, pictures or illustrations, typographical or photographic errors, or functioning of this site's software or hardware.
PayorID.com Database
MHIS maintains the MHIS PayorID.com Database. The information included in the database is subject to change. It is the Subscriber's responsibility to verify the usability of the information at the time such information is being used with the respective managed care insurer, payor, employer, or the respective agents.
Subscriber hereby agrees that MHIS is not responsible for any and all losses, damages, and claims (including any attorneys' fees) arising out of or relating to the use of PayorID.com and/or data, regardless of whether the expense described in this paragraph is a result of a claim by Subscriber or any third party, arising in tort or contract.
MHIS does not operate, control, endorse, guarantee, represent, or warrant any products or services on, or accessed through, this web sit in any way. All information, products and services offered are offered by payors who are not affiliated with, or under the control of, MHIS.
By accessing or using PayorID.com, Subscriber assumes any and all responsibility and risk of use of PayorID.com and any products or services contained therein. PayorID.com is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or title.
MHIS assumes no responsibility for errors or omissions in PayorID.com or any other web site that may be referenced or linked to PayorID.com. References to corporations, their services, information, or products are provided "as is" without warranties of any kind, either expressed or implied including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or title.
Under no circumstances shall MHIS be liable to a user or any other party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, sales, goodwill or profits, whether or not MHIS has been advised of such possibility, or under any legal or equitable theory of liability, in tort, contract or otherwise, arising out of or in connection with the use, communication or transmission with or by the PayorID.com.
The information included in PayorID.com may include technical or other inaccuracies or typographical errors. MHIS may make improvements and/or amendments to PayorID.com at any time with or without notice any and all portions of this disclaimer shall automatically apply to all improvements and/or amendments as they appear. It is solely the users responsibility to evaluate the accuracy, completeness and usefulness of all information, services, provided through PayorID.com. MHIS does not and will not guarantee, represent or warrant that PayorID.com will be uninterrupted or error free or that defects in the payorid.com will be corrected.
MHIS Third Party Disclaimer -Links To Third Parties' Sites
This site may contain links and pointers to sites maintained by third parties. MHIS does not operate or control, in any respect, any software, hardware, information, products or services received on or through such third-party sites. Third-party links and pointers are included solely for the convenience of our Subscribers, and do not constitute any endorsement, representation, warranty, or guarantee by MHIS of such third-party sites. Subscriber assumes sole responsibility and risk for use of third-party links and pointers.
Third Party Sources
In order to provide a comprehensive resource for the healthcare professional and medical facilities, MHIS has collected health insurance and worker’s compensation product and service claims and utilization management information from many sources. The accuracy of listings has not necessarily been verified by the organizations listed. Offerings, addresses, phone numbers, and other information shown may no longer be available from the listed organization or may not be available in all states. If Subscriber believe any information has changed or is inaccurate, please contact MHIS at <mhis@payorID.com >
Subscribers Privacy on MHIS PayorID.com - Information We Collect
MHIS will ask for contact information at the time of registration, MHIS ensures that this information will be kept confidential. Subscriber’s personal information collected will not be shared with any other parties except the information necessary to process Subscribers credit card transactions when purchasing access to PayorID.com.
MHIS also logs Subscriber access times, Subscriber IP address, and the queries Subscriber performs on PayorID.com. This information is used for internal accounting, security, and to help maximize the efficiency of PayorID.com.
It is fast and easy to access PayorID.com as MHIS uses a cookie that remembers the Subscriber’s member number - so Subscribers don't have to. This cookie is stored in the Subscriber’s browser cache in the hard drive and is automatically retrieved by PayorID.com web application when the Log-in page is accessed.
In order to access PayorID.com, Subscriber must set the options in their browser to accept cookies. Some browsers do not offer this option, if this is so, than an upgrade is needed. We suggest Internet Explorer at:
<http://www.microsoft.com/windows/ie/download/windows.htm>
<http://www.microsoft.com/ie/logo.asp>
PayorID.com Property
The computer programs contained on the site or other electronic media contains the intellectual property and other proprietary information of MHIS. All title to, ownership of, and rights in and to the software including and enhancements, improvements and other additions thereto shall remain the sole and exclusive property of MHIS.
All software and hardware involved in this site is the exclusive property of MHIS. This software, including without limitation all HTML code, JavaScript, VBScript, and PerlScript contained in this site, exclusively owned by MHIS, is and shall, to the maximum extent possible, be protected by copyright laws and international treaty provisions.
Any reproduction, redistribution, public performance, display or creation of a derivative work of the software is expressly prohibited by this Agreement and breaches will be pursued by legal action to the fullest extent possible. To the extent this software is covered by copyright law, violators are given notice that any such violations may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Subscriber shall have no right or claim of right to the software or any unique ideas found on this site.
All data and materials digitized by MHIS on Subscriber’s behalf shall be exclusively licensed to MHIS for the sole purpose of use on the Site. Subscriber, or any agent or party on Subscriber’s behalf, agree that Subscriber shall not enter the Site in order to use data digitized by MHIS for any purpose other than those described in these terms and conditions, without the express written consent of MHIS.
Copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
U.S. Government Restricted Rights
Use, duplication or disclosure of the Software by the Government will be subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c0 (1) (ii) of the Rights in Technical Data and Computer Software clause in the FAR Supplement. Contractor/Manufacturer is MHIS URL: http://www.payorID.com <http://mhis@payorid.com/>.
License Agreement
MHIS hereby grants to the Subscriber a personal, nontransferable license to use the software for viewing and otherwise using this site in accordance with these terms and conditions, and for no other purpose.
Single-User License
The use of this website and the information derived from it is restricted to a single user within the business entity who purchased the subscription, for the sole purpose of managing that entity’s internal accounting systems, unless an Enterprise or a Value-Added license is purchased.
Enterprise License
If a Subscriber wishes to allow multiple persons to have access to PayorID.com within their organization, then either a separate license must be purchased for each additional individual, or an enterprise license must be purchased to allow unlimited access to PayorID.com within that Subscriber’s organization.
Value-Added License
The Value-Added License allows for the use of PayorID.com data by service organizations (such as third-party claims processing services) on behalf of their customers, or for online information services to share our information directly with their Subscribers.
A customer may not re-sell or use the information on behalf of other providers nor use the information derived from PayorID.com in any way, except for the organization’s own patients and for Subscribers own internal business processes (e.g.; patient admitting, claims processing, internal information systems, etc.), unless the Subscriber enters into a Value-Added license agreement with MHIS. This may either take the form of purchasing the number of licenses equal to the number of providers served by the organization, at a special reseller's discount rate, or by paying for the PayorID.com service on a per-transaction basis.
Payments To Be Made By Subscriber
Payment for Services, Installation Charges and System License Fee, together with such other charges as may be incurred or payable by Subscriber under the terms of this Agreement, shall be made by Subscriber at the times and in the amounts set forth on the fee schedule posted on PayorID.com. Subscriber also agrees to pay an amount equal to all taxes and assessments levied or imposed by any governmental body with respect to PayorID.com including, without limitation, all sales taxes, or personal property taxes. Finance charges will be charged on all invoices not paid within 30 days.
Term & Termination
The subscription period shall begin on the date the Subscriber receives a password to access PayorID.com and shall continue for the period selected by the Subscriber.
The agreement may thereafter be automatically extended for successive periods on the same terms and conditions as are set forth in this Agreement unless terminated by either party by written notice of thirty (30) days prior to the end of the renewal period.
Indemnification
Subscriber shall indemnify, defend and hold harmless MHIS and its parents, subsidiaries, affiliates, and their directors, officers, employees, agents, and subcontractors against all claims, actions, liabilities, losses, expenses, damages and costs, including, but not limited to, reasonable attorneys' fees, that may at any time be incurred by reason of (any claim arising out of any breach or alleged breach of representations or warranties contained in this Agreement, (ii) any claim based upon alleged errors or omissions or misrepresentations in such Party's listing(s), (iii) any virus, worm, Trojan Horse or other contaminating or destructive feature contained in such Party's listing(s), or (iv) any other claim brought by a third party having a basis in contract or tort, in law or in equity, including but not limited to, interference with contract or prospective economic advantage, breach of contract, negligence, misrepresentation, gross negligence, products liability or strict products liability.
Clinical Advice Policy
MHIS does not supply clinical treatment information or medical advice and any advice or information that Subscriber may receive through PayorID.com is not a substitute for personal medical care. MHIS cannot and does not guarantee or warrant any of the medical or clinical information that Subscriber may receive through PayorID.com. The links to such third party sites on such pages are for Subscribers convenience and the inclusion of such link of PayorID.com does not imply any endorsement, guarantee, warranty or representation by MHIS of the quality or accuracy of the products or services provided to Subscriber by any such site. We recommend that Subscriber contact a physician for qualified medical information or clinical care advice support.
Inclusion and Deletion
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
Jurisdiction, Venue, Choice of Law, Arbitration
This Agreement is governed by the laws of the State of California, USA without regard to conflicts of laws principals.
Subscriber consents to the exclusive jurisdiction and venue of courts in Placer County, California, U.S.A. in all disputes arising out of or relating to the use of this Internet PayorID.com system.
Use of this site is unauthorized in any jurisdiction, which does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
MHIS’s performance of this Agreement is subject to existing laws and legal process in the State of California and nothing contained in this Agreement is in derogation of MHIS's right to comply with law enforcement requests or requirements relating to Subscriber’s use of this site or information provided to or gathered by MHIS with respect to such use.
This Agreement constitutes the entire agreement between Subscriber and MHIS with respect to this site and it supersedes all prior or contemporaneous oral, written or electronic communications and proposals between Subscriber and MHIS regarding this site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Arbitration
Subscriber agrees that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of these Terms and Conditions or any agreement incorporating these terms and conditions be reference, shall be settled by arbitration to be held in Placer County, California, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the Parties to the arbitration. Judgments may be entered on the arbitrator's decision in any court having jurisdiction. The Parties shall each pay one-half of the costs and expenses of such arbitration, and each shall separately pay its counsel fees and expenses.
Any rights not expressly granted herein are reserved by MHIS.
Copyright Notices
US copyright and trademark laws protect the entire contents of the Site. The owner of the copyrights and trademarks are MHIS, its affiliates or other third party licensors. Subscriber may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. Subscriber may print and download portions of material from the different areas of the Site solely for Subscribers own non-commercial use provided that Subscriber agrees not to change or delete any copyright or proprietary notices from the materials.
Trademark Notices
Insurance MasterCare, PayorID.com, and/or any other names of Managed Healthcare Information Services or its publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of MHIS. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
Idea Submissions
Subscriber agrees to grant to MHIS a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) Subscriber submits to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to MHIS by all means and in any media now known or hereafter developed. Subscriber agrees to have no recourse against MHIS for any alleged or actual infringement or misappropriation of any proprietary right in Subscriber’s communications to MHIS.
Miscellaneous
The commitments and responsibilities are set forth elsewhere in PayorID.com and are included by reference here, as an integral part of this Agreement. MHIS retains sole discretion as to decisions made regarding any use of PayorID.com.
MHIS reserves the right to void or delete listings for any reason, without notice, and as it deems necessary.
Force Majeure
Performance by MHIS of any obligation required of it hereunder is subject to acts of God, war, riot, embargo, strike, labor disturbance, fire, explosion, flood, shortage or failure of supply of power, or without limiting the foregoing, any events or circumstance which is beyond its reasonable control. Upon the occurrence of any such event or circumstance, MHIS shall not be liable for any loss, delay, or failure to perform arising therefrom.
Severablitiy
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, such invalid or unenforceable provision shall be deemed to be superseded by a valid, enforceable provision that emulates the intent of such original provision and the remainder of the Agreement shall continue in effect.
Headings
The headings of the paragraphs of this Agreement are for convenience only and shall not be construed to be a part of this Agreement.