YOUR RIGHT TO USE THE DAISYBILL SERVICE SUITE IS SUBJECT TO YOUR ACCEPTANCE OF AND CONTINUING COMPLIANCE WITH THESE TERMS.
A. Binding Agreement. These Terms constitute a binding agreement (“Agreement”) between you and DaisyBill, LLC and its employees, officers, affiliates and subsidiaries ("DaisyBill," "we," "us"). "You" and "users" shall mean any and all users of the DaisyBill Service Suite, as defined below. You accept these Terms by electronically signing this document when you download, install or use the DaisyBill Service Suite, when you agree to them using our website at www.DaisyBill.com, and each time you access the DaisyBill Service Suite thereafter. By using the DaisyBill Service Suite or by using www.DaisyBill.com, you acknowledge that you have read and understood this Agreement and that you agree to be bound by the Terms. If you enter into this Agreement on behalf of a company or other entity, you represent that you have authority to bind the entity to this Agreement. If you do not have the authority, or if you do not accept these Terms, you must not use the DaisyBill Service Suite.
i. The terms "post" and "posting" as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the part of DaisyBill.
ii. "Health-related information" means all individually identifiable health information, including demographic information and information related to an individual's physical or mental health, the provision of health care to the individual, or the individual's payment for the provision of health care.
iii. "Health service provider" means an entity that provides health-related services.
iv. “Claims administrator” means an entity that provides bill-processing or payment services in relation to health-related services.
C. Revisions to Terms. We may revise these Terms at any time by posting an updated version to this web page. You agree to visit this page regularly to review the most current Terms, because you are bound by them. Your continued use of any of the DaisyBill Service Suite after a change to these Terms constitutes your binding acceptance of these Terms.
i. Data Security. DaisyBill takes all reasonable and customary measures to secure your data on our servers, in our data center.
ii. Confidentiality. DaisyBill has internal policies that keep your data private and confidential.
iii. Login ID and Password. We do NOT store a plain text version of your password. Your password is stored using a one-way hash key and verified using the same one-way hash every time you login, which means no one at DaisyBill knows what password you have chosen. If you ever forget your password, we force you to choose a new one using an email verification check.
iv. Auto-Logoff. DaisyBill protects you against accidentally leaving your personal information active on a computer browser screen. The DaisyBill Service Suite ends your "session" if you are logged in to DaisyBill but have not actively used the service for a set period of time. This prevents others from accessing your account when you leave a session and forget to log out.
v. Sensitive Information. DaisyBill handles all your health information with respect for its confidentiality and privacy. We ask that you follow your provider's policy on communicating sensitive information in their practice.
vi. Data Integrity. DaisyBill employs the latest products and technology to ensure that data is always available and that access to the site continues without interruption.
vii. Storage and Maintenance of Information. For more information regarding the storage and maintenance of information, please contact DaisyBill via support@DaisyBill.com.
viii. Firewall. We take all reasonable measures to secure your data on our servers, in our data center. Our data center is both physically and electronically secured. Our servers are protected behind the Internet by using a firewall that blocks access by unauthorized parties.
i. The "DaisyBill Service Suite" includes, individually and collectively, the DaisyBill website; any software under DaisyBill's control, whether partial or otherwise, in connection with providing the services provided by DaisyBill, including but not limited to, the DaisyBill Billing Service, The DaisyBill ToolBox Service, the DaisyBill RFA Service, the DaisyBill Calculator Service, and the DaisyBill Second Review Service, each as defined below; and any written or electronic documentation specifying the functionality of the DaisyBill Service provided or made available by DaisyBill.
ii. The “DaisyBill Billing Service” provides a platform to store and transmit health-related information to make it available to you, your employees, and any insurance company or other payer to whom you send bills. The DaisyBill Billing Service also includes use of the DaisyBill RFA Service, the DaisyBill Calculator Service, and the DaisyBill Second Review Service, each as defined below.
iii. The “DaisyBill ToolBox Service” only includes use of the DaisyBill RFA Service, the DaisyBill Calculator Service, and the DaisyBill Second Review Service, each as defined below.
iv. The “DaisyBill RFA Service” provides a template and generator for you to use in relation to certain Request for Authorization-related services and forms.
v. The “DaisyBill Calculator Service” provides a platform for you to calculate certain fees related to medical services.
vi. The “DaisyBill Second Review Service” provides a template and generator for you to use in relation to certain Second Review-related billing services and forms.
vii. The "Implementation Fee" is a fee incurred by you for set-up costs related to a new DaisyBill Billing Service or DaisyBill ToolBox Service account, including such services as on-boarding, account analysis, and account creation.
viii. The “Success Training Fee” is a fee incurred by you for training costs related to a new DaisyBill Billing Service account, including a series of live training sessions tailored to your needs.
B. Fees. DaisyBill shall invoice you for any charges incurred by you for the use of any services in the DaisyBill Service Suite (“Invoice”).
i. DaisyBill Billing Service. The charges incurred by you for the use of the DaisyBill Billing Service shall be as follows:
ii. DaisyBill Calculator Service. If you only use the DaisyBill Calculator Service, the charges incurred by you shall be as follows:
iii. DaisyBill ToolBox Service. If you only use the DaisyBill ToolBox Service, the charges incurred by you shall be as follows:
C. Invoicing. You will be billed in advance on a monthly basis for the minimum fee associated with your use of any of the DaisyBill Service Suite. You will be billed in arrears on a monthly basis for any charges accrued by you for the preceding billing period in relation to your use of any of the DaisyBill Service Suite that exceeds the services covered by the associated minimum fee.
If you do not have a subscription that automatically pays the monthly fees, you must pay all fees within 15 days of DaisyBill’s Invoice. DaisyBill shall send invoices to the email address that you provide when signing up for the DaisyBill Service Suite. In the event you fail to settle the Invoice within 15 days after the Invoice has been sent, late payments are subject to interest charges of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all collection expenses.
DaisyBill may close, suspend, or limit your access to your DaisyBill account and to the DaisyBill Service Suite if you fail to timely pay your Invoices. Specifically, if an invoice remains unpaid after 20 days, DaisyBill reserves the right to turn off the account. With regard to reinstating your account in the event of an unpaid invoice, you hereby agree to a fee of $50 per instance.
You acknowledge that you are not relying on the future availability of the DaisyBill Service Suite in agreeing or making payments hereunder. You also specifically acknowledge that DaisyBill may change its fees, pricing policy or any other Term at any time.
DaisyBill will not issue refunds of any fees, in whole or pro-rata, for any reason.
D. Medical Advice. DaisyBill does not give medical advice. The DaisyBill Service Suite may provide helpful information to assist you in medical decision-making. The information and materials available through the DaisyBill Service Suite are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. You assume full risk and responsibility for the use of information you obtain from or through the DaisyBill Service Suite. You will be solely responsible for the professional and technical services you provide. In addition, we do not recommend or endorse any provider of healthcare or health-related products, items, or services.
E. Third-Party Services. The DaisyBill Service Suite may include certain third-party software and services. Your use of such software or services may require that you enter into separate subscription or licensing agreements with third-party vendors and suppliers. You agree to comply with and, upon request, execute such agreements as may be required for the use of such software or services.
F. No Third-Party Access. Except as required by law and described below, you will not permit any third party to have access to the DaisyBill Service Suite using your account. You may allow your employees to use the DaisyBill Service Suite on your behalf in compliance with these Terms. You are solely responsible for the use of the DaisyBill Service Suite by your employees. We have no liability for the consequences to you or your employees from your or their use of the DaisyBill Service Suite.
G. Responsibility for Misuse by Other Users. You acknowledge that by allowing employees to access the DaisyBill Service Suite with your account, you are responsible for ensuring such employees use the DaisyBill Service Suite for the purposes for which they are accessing it. While the DaisyBill Service Suite has certain technical safeguards against misuse, you acknowledge it will rely to a substantial extent on your responsible use. You agree that we will not be responsible for any unlawful access to or use of the DaisyBill Service Suite by any employee who obtained access or log-in credentials from you. You agree that you are responsible for ensuring that health-related information is properly protected under applicable law.
H. Individuals' Consent for Data Collection and Use. You represent and warrant that you have obtained the proper consents, authorizations, and releases from individuals to the fullest extent required by applicable law before posting their health-related information to the DaisyBill Service Suite.
I. Exporting Information from the DaisyBill Service Suite. You are solely responsible for any health-related information exported from the DaisyBill Service Suite by you or the employees who access the DaisyBill Service Suite from your account.
J. Training and Compliance. You agree to train all employees on the use of the DaisyBill Service Suite, HIPAA or health privacy obligations, and the requirements of these Terms and ensure that they comply with such requirements.
K. Compulsory Information Disclosure. You will promptly notify us of any order or demand for compulsory disclosure of health-related information if the disclosure requires access to or use of the DaisyBill Service Suite. You will cooperate fully with us in connection with any such demand.
L. Use and Disclosure. We may use and process the health-related information posted to the DaisyBill Service Suite for the proper management, provision, and administration of the DaisyBill Service Suite and our business, and as required by law. We may also disclose health-related information if required by law or we obtain reasonable assurances from the recipient that such information will be held confidentially and used or further disclosed only as required by law or for the purpose for which we disclosed it. In addition, you agree that DaisyBill may use and share de-identified health-related information to the fullest extent permitted by law.
M. Data Transfers at Your Request. We do not transfer health-related information to third parties, other than our vendors, suppliers and as required to process patient billing. We may transfer health-related information to third parties, including health plans, health-care clearinghouse, and others. You authorize us to make such transfers upon the request of you and the users who are acting under your account. You acknowledge that when you consent to transferring the information to third parties, we have no control over how those third parties will use and disclose the information. We will use appropriate administrative, physical, and technical safeguards to prevent use or disclosure of health-related information other than as provided for by these Terms.
N. Appropriate Safeguards. We will use appropriate safeguards to prevent the use or disclosure of health-related information other than as provided for by these Terms, including administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the information.
O. Security Incident. We will report to you any discovered use or disclosure of health-related information not provided for by these Terms, or when we determine that unauthorized access to health-related information has occurred.
P. Our Agents. We will take all reasonable measures to ensure that any of our agents, suppliers, and vendors to whom we provide health-related information for purposes of assisting us in providing the DaisyBill Service Suite agrees to the same restrictions and conditions that apply to us with respect to such information, including the obligation to implement reasonable and appropriate safeguards.
Q. Department of Health and Human Services ("HHS") Audits. We will give HHS access to our internal practices, books, and records related to the use and disclosure of health- related information for the purposes of determining your compliance with the Privacy Rule.
The DaisyBill Service Suite retains the information you post to it for compliance and regulatory purposes and will cooperate with you regarding requests to delete information. We will comply with reasonable requests to provide you copies of the health-related information related to your account in electronic form if you decide to terminate your use of the DaisyBill Service Suite.
R. Termination of these Terms. At the termination of these Terms, we will continue to abide by these Terms with respect to information provided by you and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. You acknowledge that segregating health-related information for removal from the DaisyBill Service Suite may be infeasible.
A. Owner of Account and Health-Related Information. The primary account holder (i.e., health service provider or claims administrator) holds the legal rights to the DaisyBill Service Suite account and the information posted to the DaisyBill Service Suite by your business entity. If you create an account on behalf of a third party, such as a health service provider or claims administrator, you agree you have the authority to bind the health service provider or claims administrator in legal agreements and contracts, and perform third-party billing and/or processing services on behalf of such third party. Your agreement to these Terms also binds such health service provider or claims administrator.
B. Accurate Account Information. You represent and warrant that the information you provide to DaisyBill upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
C. Verification. You agree that we may take steps to verify your identity, credentials as a health service provider, and/or that you are authorized to act on behalf of such third party or parties. at any time. You agree that we may use and disclose information, including "Confidential Information," (as defined below) about you for such purposes, including making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to the DaisyBill Service Suite at any time if we are unable at any time to determine or verify your qualifications or credentials.
D. Protecting Your Log-In Credentials. As a registered user, you will have log-in information, including a username and password. Your account is personal to the primary account holder, and you may not share your account and log-in information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your account and access credentials, you agree to take care to preserve the confidentiality of your username and password, and any device that you use to access the DaisyBill Service Suite.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify DaisyBill by email to support@DaisyBill.com. You will be solely responsible for the losses incurred by DaisyBill and others (including patients) due to any unauthorized use of your account that takes place prior to notifying DaisyBill that your account has been compromised.
By using the DaisyBill Service Suite or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the DaisyBill Service Suite. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the DaisyBill Service Suite or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at support@DaisyBill.com.
A. License to You. We authorize you, subject to these Terms, to access and use the DaisyBill Service Suite and the DaisyBill Content solely for the use of DaisyBill's services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the DaisyBill Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original DaisyBill Content on any copy you make of the DaisyBill Content.
B. DaisyBill Marks. DaisyBill, the DaisyBill logo, and other DaisyBill logos and products and service names are or may be trademarks of DaisyBill (the "DaisyBill Marks"). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the DaisyBill Marks.
C. Prohibited and Unauthorized Use. You will not use or launch any automated system, including, but not limited to, "robots," "spiders," or "offline readers," that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser.
A. Definition. "Confidential Information" means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include the data you post to the DaisyBill Service Suite, not including health-related information; DaisyBill’s Confidential Information shall include the DaisyBill Service Suite, customer feedback, and information relating to the performance, reliability, or stability of the DaisyBill Service Suite, operation of the DaisyBill Service Suite, know-how, techniques, processes, ideas, algorithms, and software design and architecture; and Confidential Information of each party shall include business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
B. Protection of Confidential Information. The Receiving Party shall (i) use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care), (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, and (iii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its affiliates' employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
C. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party's Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
A. DaisyBill Claims No Ownership Over User Content. You, or the people who allow you to use their content, own all of the content you create using the DaisyBill Service Suite. The DaisyBill Service Suite may provide you with the ability to create, post, or share content ("Your User Content"). DaisyBill claims no ownership over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the DaisyBill Service Suite. You are responsible for protecting those rights, and it is very important that you have permission to use other people's content or they may be able to sue you for violating their legal rights.. You also acknowledge and agree that Your User Content is non-confidential and nonproprietary.
C. You Acquire No Ownership of Others' Content. You understand and agree that you will not obtain, as a result of your use of the DaisyBill Service Suite, any right, title, or interest in or to such content delivered via the DaisyBill Service Suite or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
D. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the DaisyBill Service Suite or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the DaisyBill Service Suite does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the DaisyBill Service Suite does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the DaisyBill Service Suite.
A. DMCA. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the DaisyBill Service Suite infringe your copyright, you (or your agent) may send DaisyBill a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; (ii) Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the DaisyBill Service Suite are covered by a single notification, a representative list of such works); (iii) Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow DaisyBill to locate the material on the DaisyBill Service Suite; (iv)Your name, address, telephone number, and email address (if available); (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Counter-claim. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send DaisyBill a counter-notice.
C. Notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the DaisyBill Service Suite should be sent to support@DaisyBill.com. Consult your legal advisor and see 17 U.S.C. Section 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
A. Prohibited DaisyBill Service Suite Uses. You agree to use the DaisyBill Service Suite only for its intended purpose. You must use the DaisyBill Service Suite in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the DaisyBill Service Suite are prohibited. You may not:
i. aggregate, copy, or duplicate any DaisyBill Content;
ii. use data mining, robots, or other data-gathering devices on the DaisyBill Service Suite;
iii. remove, disable, damage, circumvent, or otherwise interfere with the security of the DaisyBill Service Suite;
iv. interfere or attempt to interfere with the proper working of the DaisyBill Service Suite;
v. gain unauthorized access to the DaisyBill Service Suite or computers linked to the DaisyBill Service Suite;
vi. attempt to reverse engineer, or reverse engineer the DaisyBill Service Suite;
vii. frame or link to the DaisyBill Service Suite without permission;
viii. attempt to submit, or submit a virus to the DaisyBill Service Suite;
ix. take any action imposing an unreasonable or disproportionately large load on DaisyBill's infrastructure;
x. intercept, examine, or otherwise observe any proprietary communications with the DaisyBill Service Suite or facilitate, create, or maintain any unauthorized connection to the DaisyBill Service Suite;
xi. attempt to or obtain unauthorized access to other users' accounts;
xii. sell, transfer, or assign any of your rights to use the DaisyBill Service Suite to a third party without our express written consent;
xiii. use an account that has been sold, transferred, or assigned to you from a DaisyBill Service Suite user without our express written consent;
xiv. use the DaisyBill Service Suite in a negligent or reckless manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liability to DaisyBill or others;
xv. use the DaisyBill Service Suite for transactions involving illegal activities or what DaisyBill reasonably believes to be potentially fraudulent activity;
xvi. use the DaisyBill Service Suite in an illegal way or to commit an illegal act;
xvii. access the DaisyBill Service Suite from a jurisdiction where it is illegal, unauthorized, or penalized;
xviii. create multiple registrations, whether fraudulently, falsely, unlawfully, legitimate, or lawfully, without DaisyBill's prior consent; or
xix. control an account if another account controlled by you has performed these activities or otherwise breached these Terms resulting in account suspension or termination.
B. User Content Disclaimers, Limitations and Prohibitions of Certain User-Provided Information.
i. Disclaimers. We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by users ("User Content"). You accept that any reliance on material posted by other users, vendors, or suppliers will be at your own risk. Please act appropriately when you use the DaisyBill Service Suite, and do not try to sell our users anything other than Your User Content.You are solely responsible for Your User Content on the DaisyBill Service Suite. DaisyBill does not endorse any, nor are we responsible for, User Content on the DaisyBill Service Suite. You assume all risks associated with Your User Content, including anyone's reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
ii. Prohibitions of Certain User-provided Information. The following requirements apply to Your User Content. You may not: 1. post information on behalf of another person or entity without their consent; 2. post incomplete, false, or misleading information in a user profile, impersonate another person, or misrepresent your affiliation with a person or entity; 3. post information that is false, deceptive, misleading, deceitful, or misinformative; 4. harass, incite others to harass, advocate harassment, or post any unlawful, harmful, defamatory, threatening, vulgar, sexually explicit, hateful, or otherwise objectionable material; 5. disclose personal information about another person; 6. post links, advertisements, or other content from competitors' websites; or 7. post any franchise, pyramid scheme, or similar information.
A. Changes to the DaisyBill Service Suite, User Disputes, and Content Accuracy. We may change, suspend, or discontinue any aspect of the DaisyBill Service Suite at any time, including hours of operation or availability of the DaisyBill Service Suite or any feature, without notice or liability. We are not responsible for any disputes or disagreements between you and any third party with whom you interact using the DaisyBill Service Suite, including payment processors and speech-to-text providers. We are also not responsible for disputes or disagreements between you and any patient with or for whom you or the patient have used the DaisyBill Service Suite. You assume all risks associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release DaisyBill of all claims, demands, and damages in disputes among users of the DaisyBill Service Suite. You also agree not to involve us in such disputes. Use caution and common sense when using the DaisyBill Service Suite.We make every reasonable effort, in line with standard industry practices, to ensure the accuracy of all data presented in the DaisyBill Service Suite; however, we make no representations about accuracy, reliability, completeness, or timeliness of any contents of the DaisyBill Service Suite, including health-related information. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party vendors or suppliers, such as data resulting from the speech-to-text functionality, or the quality or nature of third-party products or services obtained through the DaisyBill Service Suite. Use the DaisyBill Service Suite at your own risk. We make no promises and disclaim all liability of specific results from the use of the DaisyBill Service Suite.
B. DISCLAIMER OF WARRANTIES. You use the DaisyBill Service Suite at your own risk. We make no warranties or guarantees. As used herein, "Released Parties" include DaisyBill and our affiliates, officers, employees, agents, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE DAISYBILL SERVICE SUITE IS AT YOUR SOLE RISK, AND THE DAISYBILL SERVICE SUITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE DAISYBILL SERVICE SUITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE DAISYBILL SERVICE SUITE WILL MEET YOUR REQUIREMENTS, (ii) THE DAISYBILL SERVICE SUITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DAISYBILL SERVICE SUITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE DAISYBILL SERVICE SUITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DAISYBILL SERVICE SUITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
C. LIMITATION OF LIABILITY AND INDEMNIFICATION. We are not liable for anything that happens to you that somehow may be connected to your use of the DaisyBill Service Suite. If you use the DaisyBill Service Suite in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR YOUR PATIENTS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DAISYBILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE DAISYBILL SERVICE SUITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE DAISYBILL SERVICE SUITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE DAISYBILL SERVICE SUITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE DAISYBILL SERVICE SUITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE DAISYBILL SERVICE SUITE OR YOUR USE OF DAISYBILL CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless DaisyBill from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any DaisyBill Content or the use of the DaisyBill Service Suite, (iii) any activity on the DaisyBill Service Suite under your log-in credentials, or (iv) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
These Terms and the relationship between you and DaisyBill shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and DaisyBill agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the DaisyBill Service Suite under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Santa Barbara county in the state of California. You covenant not to sue DaisyBill in any other forum.
You also acknowledge and understand that, with respect to any dispute with DaisyBill arising out of or relating to your use of the Service or this Agreement.
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Last updated December 2016
Copyright © 2016 DaisyBill
34 West 15th St., Suite 3
New York, NY 10011