Website Terms of Use

The website or online service, and portions of other webpages or web content through which you have accessed these Terms of Use (collectively, the "Services"), are owned and operated by CarePayment Technologies Inc. (hereafter referred to as "we," "us," "our" or "CarePayment©”).
"You" and "your" refer to you, as a user of the Services. A "user" is someone who accesses, browses or otherwise uses the Services.

WEBSITE TERMS OF USE

Overview. CarePayment Technologies Inc. ("CPYT”) is located at 9600 SW Nimbus Ave, Suite 120, Beaverton, OR 97008.
Agreement to Terms of Use. By accessing, visiting and/or using this Site, you, the visitor, acknowledge that you have read, understand and agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use this Site. CarePayment reserves the right to change these Terms at any time in the manner described in Section 14 below.The Services are not intended for children under 18 years of age. As stated in our Privacy Statement, we do not knowingly collect personal information from anyone under 18 years of age.To use the Services, you must have reached the age of majority in your jurisdiction and must have the right, authority, and capacity to agree to and abide by these Terms of Use, or you must use the Services only under the supervision of your parent or legal guardian.
The Services also are intended for use only by residents of the United States or any of its territories or possessions. The Services may not be appropriate for use in any other country and may not comply with laws that apply to international users.By using the Services, you are confirming that you meet all of the above requirements. If you do not meet all of these requirements, do not access or use the Services.
Please be advised that certain features on the Services may be subject to additional terms and conditions. In the event you wish to access or use those features, you will be prompted to review and accept those additional terms and conditions prior to your access or use.
Communicating With You; Consent to Contact by Electronic and Other Means. You agree that by submitting an inquiry or question about a credit service or product or referral through the Services, you are extending an express invitation to us and our associated service providers and business associates related to the submission to contact you so that we and they may assist you with your transaction or request. Such communications may include marketing or promotional communications. We may contact you for any lawful reason including for the collection of amounts owed to us and for the offering of products or services. No such contact will be deemed unsolicited. We may contact you at any address (including email) or telephone number (including wireless cellular telephone or ported landline telephone number) that you may provide to us or your Healthcare Provider from time to time. You also agree to notify us promptly if any of your numbers or addresses change in the future. You understand that your wireless service provider’s message and data rates may apply to the messages that we send to or receive from you. We may use any means of communication, including, but not limited to, postal mail, electronic mail, telephone or other technology, to reach you. You agree that we may use automatic dialing and announcing devices which may play recorded messages. We may also send text messages to your telephone. You may change your communication preferences at any time by visiting member.carepayment.com or using the contact information in Section 18 below.By accepting the Terms of Use, you consent and agree to receive important agreements, notices, disclosures and other communications ("Communications and Disclosures") in electronic form (either by e-mail or via the Internet). You agree that all Communications and Disclosures that we provide to you electronically satisfy any legal requirements that the Communications and Disclosures be in writing.
You understand that you will need to have access to certain hardware and software requirements, such as Internet access, a relatively recent version of PDF software (e.g., Adobe Acrobat Reader), the ability to print, e-mail access and a relatively recent version of a web browser (e.g., Internet Explorer, Safari, Firefox or Chrome) in order to access and retain the Communications and Disclosures electronically. By agreeing to these Terms, you acknowledge that you have the ability to access and retain PDF files. Subject to our documentation retention policies, you have the right to withdraw your consent and/or receive any of the legally required disclosures we have given to you in paper form, but we may charge you a reasonable fee to cover the cost of printing and mailing these Communications and Disclosures.
Termination. If you breach or otherwise fail to comply with these Terms of Use, your right to access and use this Site will terminate immediately without notice. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. You may cancel your account by contacting us using the contact information in Section 18 below.
Intellectual Property Rights.
1. Ownership. The images, illustrations, designs, icons, photographs, video and audio clips, text and graphics, and the look and feel, collection, arrangement and assembly of the content on this Site, its structure, the domain name/URL for this Site, the HTML code for this Site, the logos and brand names of the services described on this Site and other materials displayed on this Site (collectively, the "Materials") include both registered and unregistered copyrights, trademarks, service marks and trade dress, as well as publicity rights and/or other intellectual property, owned by CarePayment or used by CarePayment with permission of their owners, including without limitation: CarePayment is the registered service mark of CarePayment Technologies Inc.; the Materials are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws and international treaty. Unauthorized reproduction, distribution or modification is subject to civil and criminal penalties.
2. Provider's Rights and Restrictions. If you are a participating hospital or other health care provider (a "Provider"):
  1. Unless expressly provided otherwise in Provider's agreement with CarePayment, Provider's authorized users may do any of the following as long as Provider and its authorized users comply with the restrictions in Section 5b.(2) below and the rest of these Terms: (i) visit this Site; (ii) use the Site to generate reports about Provider and the accounts that CarePayment is managing on behalf of Provider; (iii) make a reasonable number of copies of those reports; (iv) make excerpts and summaries of those reports; and (v) deliver copies of those reports, excerpts and summaries to Provider's personnel, lenders, investors, professional advisors and regulatory bodies with a need to know and who are, to the extent permitted by law, bound to protect CarePayment's confidential information, copyrighted material, service marks and other intellectual property. Any other use of the Site or any Materials without the express written permission of CarePayment is strictly prohibited. CarePayment may limit or revoke this license at any time.
  2. Unless expressly provided otherwise in Provider's agreement with CarePayment, as appropriate, or unless CarePayment gives its prior written permission, Provider will ensure that its employees, contractors or other agents do not: (i) remove or alter any copyright, trademark or other proprietary rights notices from any of the Materials; (ii) except as expressly permitted in Section 5b(1) above, copy, modify, reproduce, republish, upload, post, transmit or distribute any of the Materials; (iii) access or use this Site or any of the Materials for the benefit of any person other than Provider; or (iv) reverse-engineer, disassemble or decompile the Site or any of the Materials except to the extent applicable law allows Provider to do so and then only if Provider gives CarePayment prior written notice and the opportunity to submit a proposal to Provider for the purpose of creating interfaces or other purposes for which reverse engineering is permitted by applicable law.
3. Consumer's Rights and Restrictions. If you are a patient or former patient of a Provider or a person who has guaranteed payment of a patient's bill to a Provider:
  1. Unless expressly provided otherwise in your CarePayment Agreement and Initial Disclosure Statement you may do any of the following for your personal, non-commercial use as long as you comply with the restrictions in Section 5c(2) below and the rest of these Terms: (i) visit this Site; (ii) print a reasonable number of copies of any pages on this Site; and (iii) transmit pages of this Site to others. Any other use of this Site or the Materials without the express written permission of CarePayment is strictly prohibited. CarePayment may limit or revoke this license at any time.
  2. Unless expressly provided otherwise in your CarePayment Agreement and Initial Disclosure Statement or unless CarePayment gives its prior written permission, you must not: (i) use the Site or the Materials for any commercial purposes; (ii) modify any of the Materials; (iii) remove or alter any copyright, trademark or other proprietary rights notices; (iv) except as expressly permitted in Section 5c(1) above, copy, reproduce, republish, upload, post, transmit or distribute any of the Materials; (v) access or use this Site for the benefit of any other person; or (vi) reverse-engineer, disassemble or decompile the Site or any of the Materials except to the extent applicable law allows you to do so and then only if you give CarePayment prior written notice and the opportunity to submit a proposal for the purpose of creating interfaces or other purposes for which reverse engineering is permitted by applicable law.
4. No License. Except as expressly descried in Sections 5b and 5c above, nothing in these Terms or in this Site grants, by implication, estoppel or otherwise, any license or right to use the Site or any Materials without the prior written permission of CarePayment. All rights reserved. You may not:
  - Reproduce, copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, resell, transfer, lease, license, grant rights in or modify the Services or its associated information.
  - Submit any automated or recorded requests using the Services; use the Services for any commercial use; or access the Services except through means authorized herein.
  - Decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas or algorithms of the Services.
  - Remove any proprietary notices, labels or marks from the Services or knowingly take any action that would cause the Services or its associated information to be placed in the public domain.
  - Attempt to circumvent any security or access controls included in or with the Services.
  You may print or download, as applicable, one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  
  The CarePayment name, logos and all related names, logos, product and service names, designs and slogans of any of the CarePayment Businesses are our trademarks or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
5. Notice of Infringement.
  Reporting Claims of Copyright or Trademark InfringementCarePayment will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, CarePayment will act to promptly remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to any reference or link to material or activity claimed to be infringing. Send any notice of claimed copyright infringement to the address or telephone number below:CarePayment Technologies Inc.
  9600 SW Nimbus Ave, Suite 120
  Beaverton, OR 97008
  Telephone: (503) 419-3544
  Email: copyright@carepayment.com
  Please include in the subject line the word "copyright" for all claims of copyright infringement and the words "intellectual property" for all claims of any other intellectual property infringement.If you fail to comply with all of the requirements above, your notice may not be effective.
  Also, please be aware that if you knowingly make material misrepresentations in your notice regarding the allegations, you may be held liable for damages, including costs and attorneys' fees.Counter-Notification Procedures
  If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may send us a written counter-notification as specified below and with the following information:
  1. Identification of the copyrighted or trademarked work that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
  2. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
  3. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside in the United States, for any judicial district in which the Services may be found) and that you accept service from the person (or an agent of that person) who provided us with the complaint at issue; and
  4. Your physical or electronic signature, together with your contact information (postal address, telephone number and, if available, e-mail address).
  Send your completed counter-notifications by U.S. postal mail or by e-mail to us using the postal address or e-mail address listed below:
  CarePayment Technologies Inc.
  9600 SW Nimbus Ave, Suite 120
  Beaverton, OR 97008
  Telephone: (503) 419-3544
  Email: copyright@carepayment.com
  
  Please be aware that if you knowingly make material misrepresentations in your counter-notification, you may be held liable for damages, including costs and attorneys' fees.
  Repeat Infringers
  It is our policy in appropriate circumstances to disable or terminate the accounts of users who we believe, within our sole discretion, to be repeat infringers.
Acceptable Use Policy.
1. Your Account. If you sign up for an account through this Site, you will select or be assigned a user name and password. To the extent you provide any information to CarePayment when that account is established, or at any other time, you warrant that the information you provide is true, accurate and complete. Each time you log in to that account, you will be deemed to have repeated that warranty. You are responsible for protecting the security and confidentiality of your log-on information and for all financial and other obligations incurred by use of your log-on information. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You also agree to ensure that you log out your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Notify CarePayment immediately if you become aware of any unauthorized use of your log-on information or any other breach or threatened breach of this Site's security. CarePayment's contact information may be found in Section 18 below.
2. Security Rules. Do not: (1) access data that is not intended for your use; (2) log on to a server or account that you are not authorized to access; (3) probe, scan or test the vulnerability of any system or network related in any way to this Site; (4) breach any security or authentication measures; (5) transmit data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, ransomware or any other code that adversely affects the operation of the Site or otherwise interferes with service to any host, network, or other user; (6) initiate a denial of service attack or take any other action that adversely affects the operation of the Site or otherwise interferes with service to any host, network, or other user; (7) impersonate another person; (8) violate or attempt to violate the security of this Site; or (9) attempt to do any of the preceding.
3. Restrictions. You will not use this Site to:
  - Violate any law, regulation, court order or contract by which you are bound.
  - Impersonate CarePayment, our employees, another user or other person.
  - Submit or post any text, graphics, images, photographs, audio and/or video files, information, ideas or other communications on this Site (each, a "Transmission") will not (i) contain any nudity, obscenities, pornographic or other adult material; (ii) libel, slander or defame any person, facility or product; (iii) invade the privacy of any person, misappropriate the trade secrets of any other person or infringe the copyright, trademark or other proprietary right of any other person; (iv) constitute an unfair or improper trade practice or other wrongful conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism; or (vii) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law.
  - Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, as determined by us, may harm us or users of the Services or expose them to liability.
  - Disable, overburden, damage or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
  - Use any automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  - Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  - Record, process or mine information about other users of the Services.
  - Access, retrieve or index any portion of the Services for purposes of constructing or populating a separate database of user review or survey content.
  - Engage in any activity that interferes with the proper working of the Services.
  - Introduce any viruses, trojan horses, worms, logic bombs or other material to the Services that is malicious or technologically harmful to our systems, the Services or the devices of any party.
  - Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
  - Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  Except where restricted or prohibited by law, we may terminate your access to the Services effective immediately for any reason, including, but not limited to, our conclusion that you have violated the Terms.
Links; Disclaimer. The Site may contain links to other third-party websites that are provided for your convenience only. This does not mean that CarePayment has reviewed, or approves, endorses or is otherwise associated with, those ads or websites. CarePayment is not responsible for the content, terms of use, privacy policy, practices or disclosure applicable to any websites other than this Site. CarePayment cannot and does not represent or warrant the validity, correctness, accuracy, reliability or truthfulness of those websites. Although CarePayment may periodically attempt to verify the accuracy of the other websites, neither CarePayment nor any of its affiliates will be liable for any errors or inaccuracies in those third party websites. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You should exercise appropriate discretion, good judgment and caution in relying on information in the third party websites that are linked to this Site. If you decide to access any of those third party websites linked to the Services, you bear all risk associated with your use of information in the third party websites and are subject to the terms and conditions of use for those websites. CarePayment reserves the right to terminate any links to other websites without notice. Unless you have received written permission from a duly authorized officer of CarePayment, you may not frame this Site or suggest in any way that CarePayment is associated with, approves or endorses any other website.You are not permitted to link directly to any image hosted on the Services, including but not limited to using an “in-line" linking method to cause the image hosted by us to be displayed on another web site, unless expressly permitted by us in writing. You agree not to download or use images hosted on the Services for any purpose, including, without limitation, posting such images on another site, unless expressly permitted by us in writing.
You agree not to link from any other web site to the Services in any manner such that the Services, or any part of the Services, is “framed," surrounded or obfuscated by any third party content, materials, advertising or branding. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

We have the right to insist that any link to the Services be discontinued, and to revoke your right to link to the Services from any web site at any time.
General Disclaimer of Warranties. All Materials available on or through this Site are provided "AS IS", and to the maximum extent permitted by applicable law, CarePayment disclaims all warranties, express and implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, course of dealing, course of performance, usage in the trade, title, quiet enjoyment, data accuracy, and non-infringement. Without limiting the preceding general disclaimer, CarePayment does not warrant that your use of this Site will be uninterrupted or error free, that defects will be corrected or that this Site or the Materials are free from viruses or other harmful components. Although CarePayment makes reasonable efforts to ensure that the Materials on this Site are accurate and up to date, CarePayment does not make any representations or warranties regarding the use, validity, correctness, accuracy, reliability or truthfulness of this Site, any Materials, any websites that link to this Site, or any links on this Site to other websites unless and only to the extent: (a) you are a patient or former patient of a Provider or a person who has guaranteed payment of a patient's bill to a Provider and there are express representations and warranties in your CarePayment Agreement and Initial Disclosure Statement; or (b) you are a Provider and there are express representations and warranties in an agreement or other written document that has been executed by an authorized representative of CarePayment.
Limitation of Liability. Except as expressly provided in an agreement described in Section 8(a) or (b) above, (a) under no circumstances will CarePayment, its affiliates, suppliers or their shareholders, directors, officers, employees or agents, be liable for any loss of data, loss of use, lost profits, cost of cure, any damages caused by viruses or bugs, any hardware, software or phone line malfunction, any failures or delays in computer transmissions or network connections, or any direct, indirect, special, punitive, exemplary, incidental or consequential damages, arising out of your use or inability to use this Site or the Material, even if those damages are foreseeable and even if CarePayment has been advised of the possibility of those damages; (b) if your use of this Site or the Materials results in the need for service, repair or correction of equipment, software or data, you assume all cost related to that service, repair and correction; and (c) by using this Site, you agree that CarePayment' maximum aggregate liability to you for all claims arising from or related to this Site, any Materials or any Transmissions is limited to $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Indemnification. You agree to defend, indemnify and hold harmless us, each of the CarePayment Businesses, our affiliates and our and their respective licensors, service providers, employees, agents, members, managers, officers, directors, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services' content, services and products other than as expressly authorized in these Terms of Use.
Privacy. It is CarePayment's policy to respect the privacy of all visitors to this Site. Please read CarePayment Privacy Statement.
United States Government Restricted Rights. This Site and the Materials contained on or available through this Site are "commercial items" as that term is defined at FAR 2.101 (Oct 1995), are provided to the US Government only as a commercial end item and are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure of any Materials by the United States Government is subject to restrictions as provided in applicable law and regulations. Consistent with FAR 12.212 and DFARS 227.7202 (Jun 1995), all US Government End Users have only those rights set forth in this Agreement. Use of any Materials by the United States Government constitutes its acknowledgement of CarePayment's proprietary rights in those Materials.
Governing Law. All disputes relating to the Materials, the Transmissions, these Terms or any other part of this Site will be governed by the laws of the State of Oregon, and to the extent applicable, the federal laws of the United States of America, except that neither Oregon's choice of law rules nor the Convention for the International Sale of Goods will apply.
Jurisdiction. The Site is controlled by CarePayment for itself and for the benefit of CarePayment and its other affiliates. CarePayment's offices are located within the State of Oregon. All disputes relating to the Materials, the Transmissions, these Terms or any other part of this Site (whether in contract, tort or otherwise, whether statutory, common law or equitable and whether pre-existing, present or future) will be subject to the exclusive jurisdiction and venue of the Clackamas County Circuit Court in Oregon City, Oregon, and to the extent possible will be tried in accordance with the rules governing expedited civil jury trials, Oregon Uniform Trial Court Rule 5.150. You will not file any action or proceeding in any other jurisdiction, and you waive any argument that Oregon is an inconvenient forum.
Changes. CarePayment may change the Terms of Use at any time by posting an updated version to this Site. You will be bound by those changes if you visit this Site after those changes have been posted. The date these Terms of Use were last modified is identified at the end of this disclosure. Please check the Terms of Use periodically for changes. Your continued access to or use of the Site after the posting of the new Terms of Use indicates your acceptance of the modifications. Any such modifications will be effective upon our posting of new Terms of Use.To the extent not prohibited by law and except as otherwise provided in any applicable additional terms and conditions, which may govern certain features of the Services, we reserve the right to withdraw or change the Services, any part of the Services, and any service, product or material we provide on the Services, temporarily or permanently, in our sole discretion without notice to you. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Website, to users, including registered users.
Headings. The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.
Separate Agreements. If any provision of these Terms is unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from these Terms and that deletion will not affect in any way the remaining provisions in these Terms.
Other Terms and Conditions. These Terms apply to all uses of this Site unless you and CarePayment have signed a separate formal contract, in which case that separate agreement will govern to the extent it conflicts with these Terms.
Notices, Questions, Communications. If you wish to contact CarePayment, please direct all inquiries (except for claims of copyright infringement) to 866-625-8532, via regular mail: CarePayment, 9600 SW Nimbus Ave, Suite 120, Beaverton, OR 97008 or contact us. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 5(e) above.
Entire Agreement. Except as described in Section 17 (Other Terms and Conditions), these Terms reflect the entire agreement between you and CarePayment relating to the subject matter of these Terms. These Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of CarePayment, as appropriate. These Terms do not modify or override the CarePayment Agreement and Initial Disclosure Statement. The CarePayment Agreement and Initial Disclosure Statement, not these Terms and not the content of the Site, governs the terms of your CarePayment Account.
Assignment. These Terms of Use and any rights and licenses granted in these Terms of Use may not be transferred or assigned by you. We may assign any rights and licenses granted in these Terms of Use without restriction.
Waiver; Severability and Other Terms. No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, administrative or arbitration proceedings based upon or relating to these Terms of Use and your use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.These Terms supersede all prior understandings regarding your use of the Services and represent the complete agreement between you and us regarding your use of the Services.