Terms Of Use
READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY BEFORE USING THIS WEB SITE
OR ACCESSING ANY OF THE CONTENT, SERVICES OR DOWNLOADS AVAILABLE ON THE WEB SITE.
BY USING THIS WEB SITE OR ACCESSING ANY OF THE CONTENT, SERVICES OR DOWNLOADS AVAILABLE
ON THE WEB SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS OF USE. IF
YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE
THIS WEB SITE OR ACCESS ANY OF THE CONTENT, SERVICES OR DOWNLOADS AVAILABLE ON THIS
WEB SITE.
I. General. 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”.
II. Privacy Policy. The TCU incorporates MTBC’s Privacy Policy, which can
be accessed and viewed at http://www.mtbc.com/privacypolicy.aspx
III. 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
IV. DISCLAIMER. 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.
V. 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:
(i) THE USE OR THE INABILITY TO USE MTBC.com; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
MTBC.com; OR (v) ANY OTHER MATTER RELATING TO MTBC.com, INCLUDING ITS DOWNLOADS,
SERVICES, CONTENT ETC.
VI. Trademarks. 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.
VII. 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 (1) control the dissemination and use of
Your password(s) and account name(s); (2) authorize, monitor, and control access
to and use of Your account name(s) and password(s); and (3) 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.
VIII. 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.
IX. Entire Agreement. 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.
X. Indemnification. 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.
XI. 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.
XII. 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.
XIII. 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
legal@mtbc.com
XIV. 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.
XV. 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.
Last Modified: February 12, 2008