Terms and Conditions of Service

Last update on May 17, 2017 @ 06:20

By registering , accessing and using this website you are deemed to have read and agreed to the following terms and conditions (including the HIPAA Business Associate Agreement):

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”,  “Member”, “Covered Entity”, “You” and “Your” refers to you, the person (and the practice, facility and/or organization to which you are employed) accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our company, Claim Remedy and it’s trade names and assigns. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing state and federal law. Any use of the above terminology or other words in the singular, plural and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Health Insurance Portability and Accountability Act (HIPAA)  “The Act”

 Our company will safeguard any and all “Protected Health Information” (PHI) as defined by 45 C.F.R. § 160.103 of The Act, that is delivered, conveyed or otherwise transmitted to us by our Client/members. In complying with the requirements of a “business associate” as defined above, Client/members must access, read and agree to the terms of the HIPAA  Business Associate Agreement. Terms of that agreement are incorporated by reference into these Terms And Conditions of Service and made a part hereof as if originally set forth. 

View  HIPAA Business Associate Agreement

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual Client/members. We constantly review our systems and data to ensure the best possible service to our customers. State and federal laws have created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Attorney Engagement

It is understood and agreed, that clients/members accessing this site, desire to engage the appropriate “network attorney” listed on this site. As such, when clients/members select the “Attorney Impact Letter” option, a copy of the letter will be automatically  forwarded to the network attorney, with all pertinent information pertaining thereto. It is further understood and agreed that Claim Remedy is a resource and forwarding service only and does not give legal advice. Should you at anytime discontinue membership in Claim Remedy, you are prohibited from further use of the name of our network attorney, in any form or resemblance of an “attorney impact letter” as described or provided on this site.

In addition, you will also receive a Letter of Engagement from our Network Attorney, which at your option, you may execute to engage the attorney to provide additional services.

Pricing

Member pricing is listed on the member registration page. Members are guaranteed pricing at the current level of membership for one year, provided the member has complied with all terms and conditions herein, and the membership is continued uninterrupted for one (1) calendar year from the original subscription rate. Attorney impact letters and other services will be charged a fee based on individual client volume. Fees as well as other conditions of service are addressed in a separate Client Services Agreement which is incorporated by reference herein and made a part of this agreement as if originally set forth. Claim Remedy is the billing service for our network attorney, and we reserve the right to make changes to these Terms and Conditions of Service, including pricing, so members are required to review this agreement periodically.

Confidentiality

Client/member records are regarded as confidential and therefore will not be divulged to any third party, other than, your designated network attorney  and if legally required to do so to the appropriate authorities. Clients/members have the right to request copies of any and all Client/Member Records we keep, on the proviso that we are given reasonable notice of such a request. Clients/members are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client/member with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law:
• This website and the services provided therein, are not intended as a substitute for legal advice, nor is it the intention of Claim Remedy to provide legal advice. Claim Remedy is not a law firm. The Client/Member should direct all specific questions to the “network attorney” per the “Letter of Engagement” from the “network attorney”, or to private counsel. Claim Remedy cannot provide legal advice and can only provide self help services at your specific direction.
• excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
• excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as an end user are affected.

Payment

By client/member check, all major Credit/Debit Cards, ACH Transfer are all acceptable methods of payment. Our Terms are payment in full either at the time of services/products ordered or if prior arrangements were made, within 7 days of invoicing. All products, including work product, letters, letter content, “stalls” and “responses” remain the property of the Company and use of said products are strictly limited to the Clients/Members own use and may not be shared with unauthorized third parties. Accounts that remain outstanding by the due date will incur late payment interest at the maximum prevailing rate set forth by the Laws of the State of Texas, on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any remaining unpaid balances sixty days from the date of invoice via our attorney, collection agency and/or through the Small Claims Court in the event that the outstanding balance does not exceed the court’s statutory limits. In such circumstances, you shall be liable for any additional administrative and/or court costs plus attorney fees.

Returned checks will incur a Fifty ($50) dollar charge to cover banking fees and administrative costs. In such instance, we reserve the right to require credit/debit or cash payment for services, and/or at our option, terminate services. Consequently, all services and/or download will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Cancellation and Refunds Policy

Clients/Members may cancel at anytime using the “cancellation” option under the Membership pull down menu. Cancellation will be effective immediately, and at no further obligation to the Client/Member, notwithstanding any unpaid balances owed Company. There will be no refunds, pro rata or otherwise, of the unused portion of the prepaid services.

Termination of Services

Both the Client/Member and the Company have the right to terminate services for any reason, including the ending of services that are already underway. All terminations of service are subject to the terms of the “Cancellation and Refund Policy” stated herein.

Passwords and Security

Use of our Web Site will require registration and your agreement to these Terms and Conditions of Service, including the HIPAA Business Associate Agreement. You agree that if you are issued a username and password in connection with access to or use of any of the products and or services of our website, you are responsible for keeping such information secret and strictly confidential. You accept responsibility for all activities that occur under your username and/or password, including, without limitation, all communications, submissions or financial obligations. You are responsible for changing your password if you believe that your password or user name has been lost, stolen or might otherwise by misused. You agree to notify us immediately of any unauthorized use of your username or password or if any other breach of security is suspected by you. Access to our site is limited to the registered user only and access and content may not be shared.

Availability

Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all logos, trade names, text, images and formats relating to Claim Remedy’s services and products, including but not limited to content of all “Stalls”, “Remedy”, “Letters”, text, images, and formats as well as the full content of this website. Use of our website is permitted by the end user Client/Member only and may not be shared. Unauthorized downloads, emails, screen copies or other facsimiles of any content from our website is strictly prohibited.

This Company’s logo is a registered trademark of this Company. The brand names and specific services of this Company featured on this web site are trade marked, and as such are strictly prohibited from any unauthorized use.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of the Company to insist upon strict performance of any provision of this or any Agreement or the failure of to exercise any right or remedy to which it may be entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such.

General

The laws of the State of Texas and the United States govern these terms and conditions. By accessing this website and using our products and services, you consent to these terms and conditions and to the exclusive jurisdiction of the State of Texas in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our homepage and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client/Member and ourselves. Your accessing of this website and/or use or purchase of any product indicates your understanding, agreement to and acceptance, of the HIPAA Business Associates Agreement, The Attorney Engagement Agreement, Disclaimer Notice and the full Terms and Conditions of Service contained herein. Your statutory rights are unaffected.

© Claim Remedy 2003-2013 All Rights Reserved

HIPAA Business Associate Agreement

As a “Business Associate” (Claim Remedy) acting on behalf of a “Covered Entity” (Client/Provider) as defined under The Health Insurance Portability and Accountability Act, “The Act”, Client/Provider will in the course of doing business with Claim Remedy, transfer certain “protected health information” to Claim Remedy, and as such, Claim Remedy and Client/Provider shall comply with The Act and  agree to the following terms and conditions as set forth below:

Health Insurance Portability and Accountability Act (HIPAA)

Business Associate Agreement

Definitions

Catch-all definition:

The following terms used in this Agreement shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

Specific definitions:

(a) Business Associate.  “Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean Claim Remedy, and its subcontracting business associates.

(b) Covered Entity.  “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean all covered entities subscribing to the services of Business Associate.

(c) HIPAA Rules.  “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.

Obligations and Activities of Business Associate

Business Associate agrees to:

(a) Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;

(b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by the Agreement;

(c) Report to covered entity any use or disclosure of protected health information not provided for by the Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware;

(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to the business associate with respect to such information;

(e) Make available protected health information in a designated record set to the “Covered Entity” as necessary to satisfy covered entity’s obligations under 45 CFR 164.524;

(f) Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the Covered Entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy covered entity’s obligations under 45 CFR 164.526;

(g) Maintain and make available the information required to provide an accounting of disclosures to the “Covered Entity” as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.528;

(h) To the extent the Business Associate is to carry out one or more of Covered Entity’s obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligation(s); and

(i) Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.

Permitted Uses and Disclosures by Business Associate

(a) Business Associate may only use or disclose protected health information in furtherance of its Terms and Conditions of Service Agreement, as necessary to perform the services set forth in said Agreement. In addition to other permissible purposes, the business associate is authorized to use protected health information to de-identify the information in accordance with 45 CFR 164.514(a)-(c).

(b) Business Associate may use or disclose protected health information as required by law.

(c) Business Associate agrees to make uses and disclosures and requests for protected health information consistent with Covered Entity’s minimum necessary policies and procedures.

(d) Business Associate may not use or disclose protected health information in a manner that would violate Subpart E of 45 CFR Part 164 if done by Covered Entity, except for the specific uses and disclosures set forth below.

(e) Business Associate may use protected health information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the business associate. This includes the forwarding of  health information the “network attorney” as described in Business Associate’s Terms and Conditions of Service, to which “Covered Entity” has agreed.

(f) Business Associate may disclose protected health information for the proper management and administration of Business Associate or to carry out the legal responsibilities of the Business Associate, provided the disclosures are required by law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

(g) Business Associate may provide data aggregation services relating to the health care operations of the covered entity.

Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions

(a) Covered Entity shall notify Business Associate of any limitation(s) in the notice of privacy practices of covered entity under 45 CFR 164.520, to the extent that such limitation may affect Business Associate’s use or disclosure of protected health information.

(b) Covered Entity shall notify Business Associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her protected health information, to the extent that such changes may affect Business Associate’s use or disclosure of protected health information.

(c) Covered Entity shall notify Business Associate of any restriction on the use or disclosure of protected health information that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect business associate’s use or disclosure of protected health information.

Permissible Requests by Covered Entity

Covered Entity shall not request Business Associate to use or disclose protected health information in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by Covered Entity, except if Business Associate will use or disclose protected health information for, and the agreement includes provisions for, data aggregation or management and administration and legal responsibilities of the Business Associate.

Term and Termination

(a) Term. The Term of this Agreement shall be effective as of the date the Covered Entity accepts, and shall terminate on the date Covered Entity terminates for cause as authorized in paragraph (b) of this Section, whichever is sooner.

(b) Termination for Cause. Business Associate authorizes termination of this Agreement by Covered Entity, if Covered Entity determines Business Associate has violated a material term of the Agreement and Business Associate has not cured the breach or ended the violation within the time specified by covered entity

(c) Obligations of Business Associate Upon Termination.

Upon termination of this Agreement for any reason, Business Associate, with respect to protected health information received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall:

1. Retain only that protected health information which is necessary for business Associate to continue its proper management and administration or to carry out its legal responsibilities;
2. Return to Covered Entity or, destroy the remaining protected health information that the Business Associate still maintains in any form;
3. Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information to prevent use or disclosure of the protected health information, other than as provided for in this Section, for as long as Business Associate retains the protected health information;
4. Not use or disclose the protected health information retained by Business Associate other than for the purposes for which such protected health information was retained and subject to the same conditions set forth under “Permitted Uses and Disclosures By Business Associate” which applied prior to termination; and
5. Return to Covered Entity or, destroy the protected health information retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.

 

(d) Survival.  The obligations of Business Associate under this Section shall survive the termination of this Agreement.

Miscellaneous

(a) Regulatory References. A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended.

(b) Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable law.

(c) Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules.