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Patient Purchasing Assistant Corp. Services User Agreement

Terms and Conditions

1.0 Names

Patient Purchasing Assistant is a D/B/A of Patient Purchasing Assistant Corp. (“Patient Purchasing Assistant ”).

2.0 Acceptance of terms

By your completion of the registration process for and continued use as a subscriber of Patient Purchasing Assistant's services (“Service”), you (“Subscriber”) represent and warrant that you agree to be bound by all terms and conditions of this “User Agreement”. Patient Purchasing Assistant reserves the right to modify the User Agreement from time to time without notice to you.

3.0 Definitions

Patient Purchasing Assistant – a D/B/A of Patient Purchasing Assistant Corp. that provides health care related consumer financial consulting services and information.

Member – the Subscriber of a Patient Purchasing Assistant membership plan and their Family Members (see section 6.0 Eligibility) if Subscriber joined and paid for a Family Membership Plan.

Personal Information – information that may be used to uniquely identify an individual “Personal Information”.

Provider – For the purposes of this user agreement, Patient Purchasing Assistant defines a provider as any physician, hospital, or other health care services organization that has a right to view your health record for the purpose of treatment as defined under HIPAA.

Records – Patient Purchasing Assistant may gather medical, educational, veterinary, dental, pharmaceutical, financial, or other personally identifiable records (together the “Records”) on a Member’s behalf.

Record Source – Each healthcare provider that submits Records to Patient Purchasing Assistant on your behalf is considered by Patient Purchasing Assistant to be a “record source”.

Service – health care consumer financial consulting services and information provided to Subscribers by Patient Purchasing Assistant.

Subscriber – The person who completed the registration and paid for the online Patient Purchasing Assistant subscription Service.

User – The Subscriber of a Membership Plan and the Family members of a Family Membership Plan above the age of 18 (see section 6.0 Eligibility).

4.0 Registration Requirements

In consideration of use of the Service, you agree to:

provide true, accurate, current and complete information about yourself as prompted by the Patient Purchasing Assistant data collection forms or conversations with a Patient Purchasing Assistant representative (such information being the "Subscriber Data") and
maintain and promptly update the Subscriber Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Patient Purchasing Assistant has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Patient Purchasing Assistant has the right to suspend or terminate your request and or account without refund of any service fees and refuse any and all current or future use of the Patient Purchasing Assistant service (or any Portion thereof).

5.0 Limitations of Service

You acknowledge and agree that Patient Purchasing Assistant is not a provider of medical or health care and does not practice medicine or give medical advice. Patient Purchasing Assistant does not edit the contents of medical charts or other Records or render any opinion or judgment regarding medical health or provider’s care.

You understand that Patient Purchasing Assistant may provide you with information which may influence your health care choices. You agree that you are solely responsible for such choices and have access to many other public sources of information which also influence your health care choices. You acknowledge and agree that Patient Purchasing Assistant does not provide health care advice or services and, as such, is not liable for the outcomes of health care procedures under any circumstances.

You acknowledge and agree that Patient Purchasing Assistant is not a provider of legal services and does not practice law or give legal services. Patient Purchasing Assistant does not render any legal opinion or judgment as part of Service.

You agree that Patient Purchasing Assistant has the right to limit service if it believes that request volume is beyond what Patient Purchasing Assistant deems as reasonable and customary. In such situations, Patient Purchasing Assistant will notify the member of future service limits and give the member an opportunity to purchase additional service support as necessary.

You agree that Patient Purchasing Assistant does not verify nor warrant the accuracy of the Records collected from the Record Sources you identify and that Patient Purchasing Assistant has the right (but not obligation) to remove, add, or refuse content from any provider. You agree that you must evaluate, and bear all risks associated with, the use of any information / content, including any reliance on the accuracy, completeness, or usefulness of such information / content. In this regard, you acknowledge that you may not rely on any information / content created by Patient Purchasing Assistant or submitted to Patient Purchasing Assistant , including without limitation information from any Patient Purchasing Assistant services.

6.0 Eligibility

Patient Purchasing Assistant Services are designed and intended for use by adults, and are not intended for, nor designed for use by children under the age of 18. Parents or guardians of children under the age of 18 may register them for Patient Purchasing Assistant Service only under the condition that the parent or guardian manages the personal healthcare information for such child directly. The parent or guardian is responsible for providing supervision to ensure the minor's authentication information is kept secure and the credibility of the health record is maintained.

Individual memberships are for the registering individual only and are not transferrable. Family memberships cover the member, the member’s spouse, dependent children, and Subscriber parents over the age of 65 up to a maximum of eight participating members (“Family Members”).

7.0 Service

Patient Purchasing Assistant provides health care related consumer financial consulting services and information. Patient Purchasing Assistant may choose to offer additional services at any time which will be made available to you by mail, email, or on the Internet. Unless explicitly stated otherwise, any new feature that augments or enhances the current service, including the release of new Patient Purchasing Assistant branded or co-branded properties, shall be subject to the user agreement. You understand and agree that the Service is provided "AS-IS" and that Patient Purchasing Assistant assumes no responsibility for the timeliness, deletion, mis-delivery or failure to perform any service or to store any user communications or personalization settings, or for the quality or accuracy of the results of any Service.

Services from Patient Purchasing Assistant are provider for the subscription period you selected when registering for Service and are dependent upon service fees being current and your status remaining in good standing. Patient Purchasing Assistant reserves the right to deny or suspend services to any individuals it chooses.

You agree that Patient Purchasing Assistant, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any content within the service, for any reason, including, without limitation, for lack of registration information or if Patient Purchasing Assistant believes that you have violated or acted inconsistently with the letter or spirit of the User Agreement. Patient Purchasing Assistant may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this user agreement may be effected without prior notice, and acknowledge and agree that Patient Purchasing Assistant may immediately deactivate or delete your account and all related information / content and files in your account and / or bar any further access to such files or the Service. Further, you agree that Patient Purchasing Assistant shall not be liable to you or any third-party for any termination of your access to the Service.

8.0 Communication

Notices regarding Patient Purchasing Assistant's service may be sent via the email or physical address you provide at registration. Patient Purchasing Assistant shall not be liable for notices not received. The service may also provide notices of changes to the user agreement or other matters by displaying notices or links to notices to you generally on the service.

Telephone calls to Patient Purchasing Assistant are automatically recorded. As such you agree to allow Patient Purchasing Assistant to store and maintain such recordings to support delivery of Service.

9.0 Privacy Policy

Patient Purchasing Assistant is committed to maintaining your right to the privacy, confidentiality and security of personal health information and any other information provided to Patient Purchasing Assistant through our website, forms, telephone conversations, telephone recordings, our business operations, or any other communications with Patient Purchasing Assistant. Patient Purchasing Assistant privacy standards meet or exceed federal and state guidelines such as HIPAA.

Patient Purchasing Assistant may disclose to third parties certain aggregate information contained in your registration data or related data, or anonymous or non-identifiable information about you recorded by Patient Purchasing Assistant when you visit our Site or when you answer our questionnaires or surveys, provided that we will make reasonable efforts to provide that, such information will not include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the user agreement.

By submitting Personal Information or content to any Patient Purchasing Assistant property, you automatically grant, or warrant that the owner of such information or content has expressly granted Patient Purchasing Assistant the royalty-free, perpetual, irrevocable, non- exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such information /content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Patient Purchasing Assistant does not rent, sell or share Personal Information it collects about you to or with third parties. Personal Information collected from you is only used to complete and support your purchase of Services from Patient Purchasing Assistant and use of its site or Services, to provide your health information to your authorized providers, to assist you in resolving medical fee collection procedures, to give emergency medical providers access to your Patient Purchasing Assistant medical records, and to comply with any framework of law. Patient Purchasing Assistant may disclose Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (1) to comply with legal process served on Patient Purchasing Assistant or this Site/Service; (2) protect and defend the rights or property of Patient Purchasing Assistant; or (3) act in urgent circumstances to protect the personal safety or life of users of Patient Purchasing Assistant, its web sites or the public. If Patient Purchasing Assistant should ever file for bankruptcy or merge with another company, we may transfer the information you provide to us to our successor entity if such entity intends to continue to provide services similar to those provided by Patient Purchasing Assistant.

10.0 Responsibilities of Customer

You acknowledge and agree that Patient Purchasing Assistant is not responsible for any adverse condition or event, including any violation of your rights of privacy or misuse or changes to your medical information that may be caused, in whole or in part, by your failure to safeguard the confidentiality of the information or services Patient Purchasing Assistant provides to you.

11.0 Indemnity

You agree to defend, indemnify and hold Patient Purchasing Assistant, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' and experts' fees, made by any third party due to or arising out of your use of Patient Purchasing Assistant's service, your connection to the service, your violation of the user agreement, or your violation of any rights of another.

12.0 Responsibilities of Patient Purchasing Assistant

Patient Purchasing Assistant will store your information / content in accordance with Patient Purchasing Assistant general practices and conditions and the terms of the specific purchased service.

You acknowledge that Patient Purchasing Assistant may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that information / content will be retained by the service, the maximum disk space that will be allotted on Patient Purchasing Assistant's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the service in a given period of time. You agree that Patient Purchasing Assistant has no responsibility or liability for the deletion or failure to store any messages and other communications or other information / content maintained or transmitted by the service. You acknowledge that Patient Purchasing Assistant reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Patient Purchasing Assistant reserves the right to change these general practices and limits at any time, in its sole discretion with or without notice.

13.0 Additional Fees for Bidding Services

Patient Purchasing Assistant charges members an additional 10% of the cost of the health care service bid you accept. Such fees must be paid by credit card before the time of your health care service.

14.0 Additional Fees for Bill Negotiation Services

Patient Purchasing Assistant charges members an additional 20% of the amount saved from the original medical bill received from members. Such fees must be paid before the final settlement acceptance by the medical provider.

15.0 Fees and Refunds

By accepting this user agreement, you authorize Patient Purchasing Assistant to charge your credit card or bill you for a one-time fee and/or a subscription fee on a regular recurring basis depending on the service selected. Patient Purchasing Assistant reserves the right to change its fees, billing practices, and charging practices at any time.

Health providers may charge fees to release health information or records to Patient Purchasing Assistant Professional Health Services or to you. Patient Purchasing Assistant reserves the right to not pay these fees and in such situation gives you the option to take responsibility of the fees or discontinue the support service related to the fees. You are solely responsible for all charges accrued for appointments set up by Patient Purchasing Assistant , including but not limited to provider charges and missed appointment charges. Patient Purchasing Assistant is in no way responsible financially for any charges, refunds, or other transactions reviewed and/or not reviewed. It is your responsibility to pay all balances, whether deemed appropriate or not by Patient Purchasing Assistant .

You may end Patient Purchasing Assistant's service at any time by notifying Patient Purchasing Assistant by phone, email, or in writing of your intent to do so. Fees paid to Patient Purchasing Assistant are not refundable. Upon termination, Patient Purchasing Assistant may, but is not obligated to, continue to store your Records. Access to those records will be denied unless you complete the re-registration process as defined by Patient Purchasing Assistant including, but not limited to, additional fees and identity verification.

16.0 Third Party Services and Advertisers

Patient Purchasing Assistant does not endorse or recommend any health care products, services or procedures, nor do we advertise for third parties at PatientPurchasingAssistant.com.

Patient Purchasing Assistant's web site may contain links to other sites for informational purposes. Patient Purchasing Assistant is not responsible for the privacy practices or the content of any web sites linked from its site, nor does linking to other web sites indicate any endorsement of such sites or the products or information provided on such sites. You further acknowledge and agree that Patient Purchasing Assistant 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 information / content, goods or services available on or through any such site or resource.

17.0 Use Of Software

You acknowledge and agree that the service and any necessary software, including our web sites, forms and content, used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Patient Purchasing Assistant, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the Software, in the whole or in part.

18.0 Disclaimer of Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Patient Purchasing Assistant EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Patient Purchasing Assistant MAKES NO WARRANTY THAT:

THE SERVICE WILL MEET YOUR REQUIREMENTS;
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
OUR SERVICES WILL RESULT IN REDUCTION OF YOUR MEDICAL COSTS;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Patient Purchasing Assistant OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT.

19.0 Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Patient Purchasing Assistant SHALL NOT BE LIABLE 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 Patient Purchasing Assistant HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

THE USE OR THE INABILITY TO USE THE SERVICE;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
ANY OTHER MATTER RELATING TO THE SERVICE.

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 OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

20.0 Trademarks

Patient Purchasing Assistant Corp., Patient Purchasing Assistant , and the Patient Purchasing Assistant logo and other product and service names are trademarks of Patient Purchasing Assistant Corp. (the "Patient Purchasing Assistant Marks").

Without Patient Purchasing Assistant's prior permission, you agree not to display or use these in any manner, the Patient Purchasing Assistant Marks.