Medical Transcription Billing, Corp. (hereinafter referred to as “MTBC”) welcomes You (You and the entity that You represent shall be referred to hereinafter as “You”) to our web site! So long as You have read, understood and agreed to these Terms and Conditions of Use (hereinafter referred to as the “TCU”), we welcome You to explore our content, download our EHR and, if You are an existing client, utilize our web-based practice management software. For the purposes of the TCU, we are collectively referring to MTBC.com and all related web pages, together with the content contained therein, the accessible downloads, hyperlinks and the secure member’s portion of MTBC.com as “MTBC.com”.
Relationship to other Agreements
If You have executed another agreement with MTBC (e.g., Medical Billing Agreement, EHR End User License Agreement, Medical Transcription Agreement), the terms and conditions of that agreement(s) control in the event of a direct conflict between said agreement(s) and the TCU. However, to the extent that the TCU does not directly conflict with the terms and conditions of any other agreement between You and MTBC (e.g., Medical Billing Agreement, EHR End User License Agreement, Medical Transcription Agreement), the TCU shall be binding upon You relative to Your use of MTBC.com
Should you choose to access or utilize MTBC.com, you are doing so at your own risk. MTBC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the MTBC.com (which, as explained above, includes its content, services, downloads, hyperlinks, etc.). MTBC.com is provided on an "as is" basis. MTBC, its subsidiaries, affiliates, licensors, officers, agents, employees and assigns, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose. Without limiting the foregoing, MTBC, its subsidiaries, affiliates, licensors, officers, agents, employees and assigns make no representations or warranties about the following: the accuracy, reliability, completeness, currentness, or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the MTBC.com
Limitation of Liability
You expressly understand and agree that MTBC and its subsidiaries, affiliates, officers, employees, agents, partners, licensors and assigns shall not be liable to you or any third party 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 MTBC has been advised of the possibility of such damages), resulting from:
- The use or the inability to use MTBC.com
- Unauthorized access to or alteration of your transmissions or data
- Statements or conduct of any third party on MTBC.com
- Any other matter relating to MTBC.com, including its downloads, services, content
MTBC, the stylized MTBC logo, A Unique Healthcare IT Company, RateEnhancer and other MTBC logos and product and service names are trademarks of MTBC (the "MTBC Marks"). You agree not to display or use the MTBC Marks without MTBC's prior permission. Nothing contained on MTBC.com should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on MTBC.com without the written permission of MTBC or such third party that may own the trademarks displayed on MTBC.com
Unique Username and Password
In order to access and use some services and content on MTBC.com, You will receive a unique password(s) and account name(s). You are solely responsible for maintaining the confidentiality of the password(s) and account name(s) and are fully responsible for all activities that occur under Your password(s) and account name(s). You agree that it is Your sole responsibility to:
- Control the dissemination and use of Your password(s) and account name(s)
- Authorize, monitor, and control access to and use of Your account name(s) and password(s)
- Promptly inform MTBC of any need to deactivate Your account(s) and/or password(s)
You grant MTBC and all other persons or entities involved in the operation of MTBC.com the right to transmit, monitor, retrieve, store, and use Your information in connection with the operation of MTBC.com. MTBC shall not be liable for any loss or damage arising from Your failure to comply with this section.
Third Party Links
MTBC.com may contain links to other Web sites or resources. MTBC does not have any control over such Web sites or resources and You acknowledge and agree that MTBC is not responsible for the content or availability of such external Web sites or resources and does not endorse or assume any responsibility or liability for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MTBC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Except as set forth in section-iii (“Relationship to other Agreements”), the tcu constitutes the entire agreement between you and MTBC and governs your use of MTBC.com. MTBC may revise and update the tcu at any time and your continued usage of MTBC.com will constitute an acknowledgment and acceptance of any such modifications.
You agree to defend, indemnify, and hold MTBC, its officers, directors, employees, agents, licensors, and assigns harmless from and against any claims, actions, demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees resulting from, or alleged to result from, Your violation of the TCU.
Choice of Law and Forum
The TCU shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of New Jersey, excluding its conflict of laws principles. The parties irrevocably agree that any action to enforce the provisions of the TCU or arising under or by reason of the TCU shall be brought solely in the Superior Court of New Jersey, Somerset County venue.
License and Rights Relative to Use of MTBC.com’s Premium Services
If You have executed another agreement with MTBC (e.g., Medical Billing Agreement, EHR End User License Agreement, Medical Transcription Agreement, etc.), You may be entitled, pursuant to the terms of the relevant agreement(s), to access certain Web pages and web-based software (hereinafter referred to as “Premium Software”) that are not available to members of the public who have not separately contracted for medical billing, transcription, eligibility verification, EHR or similar services. Pursuant to the agreement(s) governing said Premium Software, MTBC grants You a personal, non-transferable and non-exclusive right and license to use the object code of MTBC.com (including its related software, downloads, content, services, etc.) on a single computer; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any right in the Premium Software. You agree not to modify the Premium Software in any manner or form or to use modified versions of the Premium Software. You may only use this Premium Software within the United States or one of its territories. It is Your responsibility to ensure that Your license to use the Program is not misused or misappropriated by a third-party. Your license to use the Program terminates immediately in the following circumstances: (a) without notice, upon Your material breach of or the termination of the operative agreement (e.g., Medical Billing Agreement, Transcription Agreement, Eligibility Agreement, EHR End User License Agreement, etc.); or (b) without notice, upon Your violation of the terms of the TCU. In the event of termination of Your license, You must immediately cease all use of the Premium Software, destroy all of Your copies of the Premium Software and remove all files and data relating to the Premium Software that You have installed or copied on or to any physical devices or media.
Notice and Procedure for making Claims of Copyright Infringement
If You believe any content accessible on or from MTBC.com infringe upon Your copyright, You may request removal of those materials (or access thereto) from us by contacting MTBC’s legal department and providing the following information: (1) Identification of the copyrighted work or other intellectual property that You claim has been infringed; (2) Your name, address, telephone number and e-mail address; (3) proof that You have been authorized to act on behalf of the purported copyright holder; (4) A sworn statement made under oath that the information that You have supplied is accurate and that Your complaint is made in good faith; and (5) A signature from the copyright holder or authorized representative. All such requests should be sent to “MTBC, Attn: Legal Department, 7 Clyde Road, Suite 201, Somerset, NJ 08873.” Alternatively, you may send such a request to firstname.lastname@example.org
Waiver and Severability
The failure of MTBC to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision. If any provision of the TCU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TCU remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of MTBC.com or these TCU must be filed within one (1) year after such claim or cause of action arose. If such a claim or cause of action is not filed within said one (1) year time period, the claim or cause of action shall be forever barred.