Terms of Use

Last Updated January 15, 2016

 

These terms of use are entered into by and between you and EMS|MC, its affiliates, and subsidiaries (collectively, “EMS|MC,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of emsbilling.info, emsbilling.com (including all subdomains), home2.eease.adp.com/recruit2, and/or any other EMS|MC owned or controlled websites (a “Site”, the “Sites”). By browsing any Site or using any content, functionality or services available on or through the Sites (“Services”), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our accompanying Privacy Policy (available at: https://emsbilling.com/company/privacy-policy), incorporated herein by reference, and to comply with applicable laws and regulations. If you do not accept these Terms of Use, then you are not granted permission to browse, access, or otherwise use the Sites or the Services.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

About the Information on the Sites

Information, data, text, graphics, images, sound recordings, audiovisual works and other materials provided by EMS|MC, its licensors, or by you on the Sites (collectively, the “Content”) may contain technical inaccuracies or typographical errors. EMS|MC may remove, change, or update Content without notice.  EMS|MC may also make improvements and/or changes to the Sites, Services, Products, and/or the Programs described on the Sites at any time without notice to you.

EMS|MC assumes no responsibility regarding the accuracy of the Content provided by EMS|MC and use of such Content is at your own risk.  EMS|MC provides no assurances that any reported problems may be resolved with the use of any Content that EMS|MC provides.

User Submissions

EMS|MC does not want to receive confidential or proprietary Content from you through our Sites.  Please note that any Content sent to EMS|MC or posted on the Sites will be deemed to be non-confidential and non-proprietary.  By sending Content to EMS|MC or posting Content on the Sites, you hereby grant EMS|MC an unrestricted, irrevocable, perpetual, royalty-free, fully paid-up, assignable, and sub-licensable right and license to use, reproduce, display, perform, modify, transmit, create derivative works of, distribute, and otherwise exploit such Content, and you also agree that EMS|MC is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

You represent and warrant that (i) you own or control all rights in and to any Content that you send to EMS|MC or post on the Sites and have the right to grant the license granted above to us; and (ii) all Content that you send to EMS|MC or post on the Sites does and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any Content that you send to EMS|MC or post on the Sites, and you, not EMS|MC, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any content that Content that you or any other user send to EMS|MC or post on the Sites.

Community Guidelines

Our community, like any community, functions best when its users follow a few simple rules.  By accessing the Sites and/or using the Services, you hereby agree to comply with these community guidelines (the “Community Guidelines”) and that:

  • You agree you are the patient or an authorized representative as defined under HIPAA;
  • You will not use the Sites or the Services for any unlawful purpose;
  • You may not use the Sites or the Services to engage in any commercial activities, including, without limitation, advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
  • You will not access the Sites or use the Services to collect any market research for a competing business;
  • You will not access, upload, post, e-mail, transmit, or otherwise make available any Content that:
    • is false, deceptive, misleading, deceitful, miss-informative, or constitutes a “bait and switch” offer;
    • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
    • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
    • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
  • You will not “stalk” or otherwise harass another;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not cover, obscure, block, or in any way interfere with any safety features (e.g., report abuse button) on the Sites;
  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
  • You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Sites, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
  • You will not use any automated device or software that enables the submission of automatic postings on the Sites without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and
  • You will not interfere with or attempt to interrupt the proper operation of the Sites or the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Sites or the Services through hacking, password or data mining, or any other means.

 

Please let us know about inappropriate Content.  If you find something that violates our Community Guidelines, please let us know, and we’ll review it. Communication can be made to [email protected] We reserve the right, in our sole and absolute discretion, to deny anyone access to the Sites, or any portion of the Services, without notice, and to remove any Content that does not adhere to these guidelines.

Third-Party Sites

The Sites include links to third-party sites. EMS|MC has no control over the privacy practices or the content of these sites, including any sites that may include an EMS|MC trademark or logo. If you visit these sites or use services available through these sites, you will be subject to their terms of use and privacy policies.  You should check the applicable third-party terms of use and privacy policy when visiting any other site.  In addition, a link to a non-EMS|MC site does not mean that EMS|MC endorses or accepts any responsibility for the content or the use of such site.  It is up to you to take precautions to ensure that whatever site you select for your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

Disclaimer, Limitation of Liability, Indemnification

EMS|MC, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY THE “EMS|MC PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE SITES, THE SERVICES, PRODUCTS, PROGRAMS, OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THE SITES, THE SERVICES, PRODUCTS, PROGRAMS, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT YOU USE THE SITES, THE SERVICES, PRODUCTS, PROGRAMS, AND CONTENT ENTIRELY AT YOUR OWN RISK. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  NONE OF THE EMS|MC PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITES, THE SERVICES, PRODUCTS, PROGRAMS, OR CONTENT. IF YOU ARE DISSATISFIED WITH THE SITES, THE SERVICES, PRODUCTS, PROGRAMS OR CONTENT, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.

IN NO EVENT SHALL ANY OF THE EMS|MC PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES, THE SERVICES, PRODUCTS, PROGRAMS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE EMS|MC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE LESSER OF (I) ONE HUNDRED DOLLARS, OR (II) THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.

You agree to defend, indemnify, and hold the EMS|MC Parties harmless from and against any and all third party claims, losses, liabilities, and expenses (including attorneys’ fees) arising from: (i) your use of and access to the Sites, the Services, Products, Programs, and/or the Content; (ii) your violation of any term of these Terms of Use and/or our Privacy Policy; and/or (iii) your violation of any third party right. This defense and indemnification obligation will survive termination, modification, or expiration of these Terms of Use.

Monitoring of Sites

Although EMS|MC has no obligation to do so, EMS|MC explicitly reserves the right to view, monitor, and record activity on the Sites without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Sites. EMS|MC will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information. EMS|MC reserves the right, in its sole and absolute discretion for any reason or no reason, to remove or modify any Content, or any other element of the Sites or the Services, without notice or permission from you. YOU WAIVE AND HOLD HARMLESS EMS|MC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EMS|MC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EMS|MC OR LAW ENFORCEMENT AUTHORITIES.

Updates to Terms of Use

These Terms of Use are effective as of the date stated at the top.  We may change these Terms of Use from time to time, in our sole discretion. All changes are effective immediately when we post them, and apply to all access to the Sites and use of the Services thereafter. You must refer back to these Terms of Use on a regular basis. Your continued use of the Sites or Services following the posting of revised Terms of Use means that you accept and agree to the changes.

Privacy

Your use of the Sites and/or the Services may involve the transmission of your Personal Information. Our policy regarding the collection and use of Personal Information is governed by our Privacy Policy (available at: https://emsbilling.com/company/privacy-policy), which is hereby incorporated by reference in its entirety.

Intellectual Property Rights

The Sites and Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by EMS|MC, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Sites and Services for only (i) your personal, non-commercial use or (ii) your legitimate business purposes relating to your role as a potential or current supplier, distributor or customer of EMS|MC (together, “Authorized Use”). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Sites for your Authorized Use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your Authorized Use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from the Sites.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Sites.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by EMS|MC. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

EMS|MC is a registered trademark of EMS|MC in the United States and either a registered trademark or trademark of EMS|MC in other countries. The names, logos, product and service names, designs and slogans of all EMS|MC products and services listed on the Sites either are, or may be, registered trademarks or trademarks of EMS|MC in the United States and/or other countries. All other products and services listed on the Sites either are, or may be, registered trademarks or trademarks of their respective owners in the United States and/or other countries. You are not permitted to use any trademarks appearing on the Sites without the prior consent of EMS|MC or the rights holder.

Account Information

To access certain areas of the Sites, Services, or Content you must create an account associated with a valid e-mail address. It is a condition of your use of the Sites, Services and Content that the information you provide will be complete, accurate, and up-to-date. It is your responsibility to keep your account password or log-in credentials confidential at all times and you are solely responsible to EMS|MC for all activity that occurs under, via, and/or related to your account. If you become aware of any unauthorized use of your account or account information, or any other breach of security, you agree to notify EMS|MC by contacting EMS|MC. EMS|MC may require that you change your account information or certain parts of your account information at any time for any reason.

Governing Law and Jurisdiction

These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the North Carolina, United States of America, without regard to the conflict of laws principles thereof. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or the Sites shall be filed only in a state or federal court in Winston-Salem, North Carolina, USA, and you hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the EMS|MC Sites, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

Export Classifications

Notwithstanding anything to the contrary herein, you expressly agree not to use, deploy, export or re-export any (or any portion) of the Sites, Services, Content, Programs, or any EMS|MC software obtained or accessed through the Sites or Services including the Products in or to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export, re-export, or transfer any (or any portion) of the Sites, Services, Content, Programs, or any EMS|MC software obtained or accessed through the Sites or Services including the Products to any country to which the U.S. has embargoed or restricted the export of goods or services, including without limitation any country listed in U.S.A. Export Administration Regulation Country Group E-1, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country, or to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the U.S.A. Bureau of Industry and Security, U.S. Department of Commerce, nor any other federal agency has suspended, revoked or denied your export privileges.

Waiver and Severability

No waiver of by EMS|MC 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 of EMS|MC 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.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and EMS|MC with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.