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Printable Copy Rev Feb 28, 2008
ABI Terms of Use
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ABI TERMS AND CONDITIONS
Last Updated: Feb 28, 2008
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE ENTERING ABI's WEB SITE. THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") GOVERN YOUR ACCESS TO AND USE OF THIS Alliance Billing, Inc. (ABI) WEB SITE AND THE www.ABINOW.COM WEB SITE GENERALLY, TOGETHER WITH THE SERVICES, APPLICATIONS, SOFTWARE, INFORMATION AND CONTENT AVAILABLE THROUGH THIS WEB SITE AND/OR ABINOW.COM. THIS WEB SITE IS AVAILABLE FOR YOUR ACCESS AND USE ONLY ON THE CONDITION THAT YOU AGREE TO THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, SELECT THE "I Decline" BUTTON BELOW. BY SELECTING THE "Enter Web " BUTTON BELOW, OR BY OTHERWISE USING OR ACCESSING ANY OF THE SERVICES, APPLICATIONS, SOFTWARE, INFORMATION AND CONTENT AVAILABLE THROUGH ABI WEB SITE, YOU, IN YOUR INDIVIDUAL CAPACITY, OR YOUR EMPLOYER ("YOU" OR "YOUR" OR "YOURSELF") SIGNIFY YOUR AGREEMENT WITH ALLIANCE BILLING INC. (ABI) TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. USER ELIGIBILITY.
ABI's WEB SITES, www.alliancebillinginc.com or www.abinow.com web site generally (collectively, "ABI WEB SITE" or "Web Site"), are provided by ABI and are available only to legal entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to register for and to use ABI WEB SITE.
2. SCOPE OF TERMS AND CONDITIONS.
These Terms and Conditions govern Your access to and use of ABI WEB SITE and, except to the extent they are subject to a separate agreement, (a) all applications, software and services available through ABI WEB SITE (collectively, "Services") (b) all content available through ABI WEB SITE, including but not limited to, text, graphics, data, images, software and other material presented or otherwise displayed through ABI WEB SITE (collectively, "Content") and (c) all information and data ("Information") available through the ABI computer and network systems and services offered within ABI WEB SITE ("ABI Systems"). Specific terms or agreements may apply to the use of certain Services, Content, Information and other items provided to You via ABI WEB SITE ("Ancillary Agreement(s)"). Access to or use of ABI WEB SITE, the ABI Systems, Services, Content or Information that is inconsistent with these Terms and Conditions or the terms and conditions of the Ancillary Agreements, as applicable, is not authorized.
3. MODIFICATIONS.
ABI may revise and update these Terms and Conditions at any time. Your continued usage of ABI WEB SITE will be conditioned upon Your agreement to the revised Terms and Conditions. ABI may also establish or change, at any time, general practices and limits concerning products and services provided through ABI WEB SITE in its sole discretion. ABI may terminate, update, alter or supplement any Services, Content or Information available through ABI WEB SITE at any time.
4. ABI WEB SITE REGISTRATION.
(a) Registration Information. In consideration of Your use of ABI WEB SITE, You agree to: (i) provide true, accurate, current and complete registration information about Yourself, as prompted by ABI WEB SITE ("Registration Data") and (ii) maintain and promptly update Your Registration Data if Your details change at any time to keep it accurate, current and complete. Furthermore, You acknowledge and agree that if You are not accessing and using ABI WEB SITE in Your individual capacity and the employer identified in Your Registration Data changes at any time, these Terms and Conditions shall automatically terminate, and You shall no longer be authorized to access and use ABI WEB SITE, the Services, the Content, the Information and the ABI Systems.
(b) Password. As part of the registration process, You will select a user ID and password (collectively, the "Password"). Your Password, which will allow You to access ABI WEB SITE, Content, Information and ABI Systems, is the exclusive property and confidential information of ABI. The Password is to be used solely for Your individual use of and access to ABI WEB SITE, the Services, Content, Information and ABI Systems, and it shall not be used for any other purpose. You are prohibited from distributing, providing or otherwise making available Your Password to any third party. You are responsible for all activities that occur under Your Password. You agree to immediately notify ABI of any unauthorized use of Your Password. You may not use the Password of another ABI WEB SITE registered user.
5. DATA.
(a) ABI collects, processes and uses data, and (iii) data or information otherwise provided by You in connection with the Services offered at ABI, and other affiliated ABI companies ("ABI Companies") receive Data and use it for the Purposes identified in Section
(b) below. "Data" shall not include any information input by You in ABI’s web site
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(b) The Data is used for the following purposes (the "Purposes"): (i) to communicate with You about additional services You may find of value, (ii) to satisfy the legitimate business interests of ABI Companies (including performing trend analysis and market studies, and price setting), (iii) to establish credit, (iv) to fulfill a Agreement, (v) to perform billing functions, (vi) to improve internal operations, (vii) to manage inquiries, (viii) to administer accounts, and (ix) such other purposes that are consistent with the ABI Privacy Policy published on ABI’s web site.
Privacy Policy
(c) The Data may be provided to certain recipients ("Recipients"): (i) the ABI Companies, for the Purposes listed above, (ii) service providers of the ABI Companies, who use the Data in assisting ABI in carrying out the Purposes described above; (iii) government agencies and authorities, if required by law.
(d) You represent and warrant to ABI that when You or Your employees, agents or contractors ("Parties") provide ABI with Data, the Parties have the right and authority to do so, and further, that You or another Party has notified the ABI that ABI will be processing Data relating to the addressee for the Purposes set forth above, that Data relating to the addressee may be provided by ABI to the Recipients set forth above, and that Data relating to the addressee may be transferred as set forth above.
6. LICENSE AND OWNERSHIP.
Any and all intellectual property rights ("Intellectual Property") associated with the Web Site and its contents, any other works of ABI that may be sent to you and its contents (the "Content"), are the sole property of ABI, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Web Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade dress ("Marks") of ABI, its affiliates or other entities that have granted ABI the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of ABI. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without ABI's or the appropriate third party's prior written permission. Except as expressly provided herein, ABI does not grant to You any express or implied rights to ABI's or any third party's Intellectual Property.
ABI grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Web Site, Content and Services only in the manner presented by ABI, and (b) access and use the ABI computer and network services offered within the Web Site (the "ABI Systems") only in the manner expressly permitted by ABI. Except for this limited license, ABI does not convey any interest in or to the ABI Systems, information or data available via the ABI Systems (the "Information"), Content, Services, Web Site or any other ABI property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of ABI. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by ABI.
7. RESTRICTIONS ON USE OF ABI WEB SITE.
In addition to other restrictions set forth in these Terms and Conditions, You agree that ABI WEB SITE is restricted to bona fide registered users and customers of ABI, and that:
(a) You will not disguise the origin of information transmitted through ABI WEB SITE.
(b) You will not provide false or misleading information via ABI WEB SITE.
(c) You will not input or upload via ABI WEB SITE any information which contains viruses or other computer programming routines or devices of any type that are intended to damage, interfere with, intercept or expropriate any system, ABI WEB SITE, Services, Content or Information or that infringes the Intellectual Property rights of another.
d) You will not use or access ABI WEB SITE or the ABI Systems, Services, Content or Information in any way that adversely affects the performance or function of the ABI Systems, Services, Content, Information or ABI WEB SITE, or interferes with the ability of authorized parties to access the ABI Systems, Services, Content, Information or ABI WEB SITE in the manner presented by ABI.
(e) In all instances of ABI WEB SITE where You are prompted to provide a ABI login, You will provide only a ABI login for which You are responsible in Your individual capacity or a ABI login of the entity on whose behalf You registered and with whom You have an employment, not an independent contractor, relationship.
8. ACCESS TO RELATED SYSTEMS AND INFORMATION.
Your use and access of the ABI Web Site and Information are subject to the following terms:
(a) The "ABI Web Site" is comprised of the ABI Systems that are used to provide information, address validation and other functions related to ABI business uses. The ABI Web Site and Information gained from such systems ("Information") are to be used by You solely by or to You or on Your behalf and for no other purpose.
(b) The ABI Web Site and Information are the private property of ABI. ABI authorizes You to use the functionality within the ABI Web Site solely by or for You to ABI for no other purpose. Without limitation, You are not authorized to make the ABI Web Site available on any web site or otherwise copy, distribute, store, use or sell the ABI Web Site for commercial gain without the express written consent of ABI. This is a personal service, thus Your right to use the ABI Web Site and Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.
(c) Any use in connection with the ABI Web Site of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited.
9. USE OF COOKIES.
A "cookie" is a small text file sent to a user’s web browser for storage on the user’s hard drive. Cookies can make use of the internet easier by saving status and preferences about a web site. Most browsers are initially set to accept cookies but users can change the setting to refuse cookies or to be alerted when cookies are being sent. ABI may place a temporary or session cookie on a user’s web browser when a user logs in to ABI WEB SITE only to allow ABI to identify a user moving within ABI WEB SITE. These cookies are renewed every time a user logs into ABI WEB SITE. ABI WEB SITE also places a cookie on a user’s web browser at the time the user enters the ABI global home page only to allow the user to select a country home page as the user’s default. Unless deleted, the latter cookie remains on the user’s computer after termination of the session. In either event, ABI does not collect personal data by means of cookies. Although rejection of cookies will not interfere with the ability to interact with most of the ABI web site, users may need to accept cookies in order to access the web site as a logged-in user of ABI WEB SITE.
10. LINKS.
(a) Outbound Links. ABI WEB SITE may contain links to third-party websites and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by ABI of the content on such Linked Sites. ABI makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.
(b) Inbound Links. Linking to any page other than to http://www.alliancebillinginc.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with ABI. Any web site or other device that links to http://www.alliancebillinginc.com or any page available therein is prohibited from (i) replicating Content or Information, (ii) using a browser or border environment around the Content or Information, (iii) implying in any fashion that ABI or any of its affiliates are endorsing it or its products, (iv) misrepresenting any state of facts, including its relationship with ABI or any of its affiliates, (v) presenting false information about ABI products or services, and (vi) using any logo or mark of ABI or any of its affiliates without express written permission from ABI.
11. SUBMISSIONS.
ABI may accept ideas, concepts, or techniques for new services or products through ABI WEB SITE ("Comments"). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) ABI and its affiliates are under no obligation to keep such information confidential, and (c) ABI will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner it chooses.
12. TERMINATION.
You agree that ABI, in its sole discretion, may terminate or suspend Your use of ABI WEB SITE, the ABI Systems, Services, Content and/or Information at any time and for any or no reason or for breach of any provision in these Terms and Conditions in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, ABI may immediately deactivate Your Password and You must immediately upon notification (a) discontinue use of ABI WEB SITE and the Services, and (b) destroy any copies You have made of any portion of the Content or Information.
13. DISCLAIMER OF WARRANTIES.
ABI WEB SITE, THE ABI SYSTEMS, THE SERVICES, THE CONTENT AND THE INFORMATION ARE PROVIDED ON AN "AS IS" BASIS. ABI AND ITS LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES" RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. ABI AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SERVICES, CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE USE OF ABI WEB SITE OR THE ABI SYSTEMS. NO INFORMATION OBTAINED BY YOU VIA ABI WEB SITE AND/OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY ABI IN THESE TERMS AND CONDITIONS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS AND CONDITIONS ARE FAIR AND REASONABLE.
14. LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ABI, OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT ABI WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE ABI WEB SITE, THE ABI SYSTEMS, SERVICES, CONTENT OR INFORMATION WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ABI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL ABI'S TOTAL LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR LOSS REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED $100.00. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
15. INDEMNITY.
You agree to indemnify and hold ABI and its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your use of ABI WEB SITE, the ABI Systems, Services, Content, or Information in a manner that violates or is alleged to violate these Terms and Conditions.
16. COMPLIANCE WITH LAW INCLUDING EXPORT CONTROL.
You agree to use ABI WEB SITE, the ABI Web Site, Services, Content and Information in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of ABI, negatively reflect on the goodwill or reputation of ABI and shall take no actions which would cause ABI to be in violation of any laws, rulings or regulations applicable to ABI.
ABI and ABI WEB SITE are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Services (including any software) or Content to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Services (including any software), Content or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Services (including any software) and Content.
17. JURISDICTION.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE, THE ABI SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE COURT SITTING IN THE COUNTY OF JOHNSON, STATE OF KANSAS OR FEDERAL COURT SITTING IN THE COUNTY OF WYANDOTTE, STATE OF KANSAS, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEB SITE, THE ABI SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
18. GOVERNING LAW AND LANGUAGE.
(a) To the fullest extent permitted by law, these Terms and Conditions are governed by the internal substantive laws of the State of Kansas, U.S.A. excluding Kansas's conflicts of laws principles.
(b) To the fullest extent, permitted by law, the controlling language for these Terms and Conditions and all correspondence and communications between You and ABI under this Agreement is English. Any translation has been provided for Your convenience.
(c) You agree to the admissibility of computer records and electronic evidence in any dispute herein.
19. GENERAL.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms and Conditions shall inure to the benefit of and be binding on the parties hereto, and their successors and assigns. These Terms and Conditions may not be assigned by You without the prior written consent of ABI. ABI may freely assign any or all of its rights or obligations under these Terms and Conditions. Nothing in these Terms and Conditions, express or implied, shall confer on any person or entity other than the parties hereto, and their respective successors and permitted assigns, any rights, remedies, obligations or liabilities under or by reason of these Terms and Conditions, except that the ABI Companies are intended third party beneficiaries of these Terms and Conditions.
20. WRITTEN DOCUMENT.
You may preserve these Terms and Conditions in written form by printing them for Your records, and You waive any other requirement that these Terms and Conditions be evidenced by a written document.
21. FOR RESIDENTS OF QUEBEC.
The parties declare that they have required that these Terms and Conditions and all documents related hereto, either present or future, be drawn up in the English language only.
Les parties déclarent par les présentes qu'ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l'avenir, soient rédigés en langue anglaise seulement.
22. COMPLETE AGREEMENT.
Except as expressly provided in a separate service or other written agreement between you and ABI or in the ABI Service Documentation (as defined below), these Terms and Conditions constitute the entire agreement between you and ABI with respect to the use of ABI WEB SITE and the ABI Web Site, and any Services, Content and Information contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. Notwithstanding the foregoing, as to each Service, the specific terms of the Ancillary Agreement shall control in the event of a conflict between the terms of the Ancillary Agreement and these Terms and Conditions. For purposes of this Section, "ABI Service Documentation" means (a) the ABI Web Site and the ABI business use.
NOTICE: Consent to Processing of Data:
You hereby consent to the processing of Your Data for the purposes as set forth in Section 5 by the ABI Companies. You also agree that You have received notice of, and consent to, the processing and use of Your Data as described in Section 5.
Terms and Conditions
If You agree to be bound by the above Terms and Conditions please click on
"Enter Web"
If You do not agree please click
"I Decline".
ABI will electronically log and store Your acceptance of these Terms and Conditions. So that these Terms and Conditions will be available to You for reference, ABI recommends that You print and keep a copy of the above Terms and Conditions for Your records.
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