TERMS OF SERVICE
Please take a few minutes to read this Service Agreement (referred
to throughout as the "Agreement").
1. Scope of Agreement. Faran Medical Claims, Inc.("FaranBilling.com",
"we", "our" or "us"), has contracted to
make its online billing and other online services ("Online Service")
available to registered FaranBilling.com users ("you" or "your").
To access the Online Service, you must accept the terms and conditions
for the Online Service described in this Agreement. Your acceptance
of this Customer Agreement and your use of the Online Service constitute
your ongoing acknowledgment of and assent to be bound by this Agreement.
2. Entire Agreement. This is the entire agreement between you and Faran
Medical Claims Inc., superseding prior agreements regarding the Online
Service. If revisions to the Online Service become available, your use
of the revisions will be under this Agreement unless FaranBilling.com
notifies you otherwise. In addition, you must comply with any additional
terms posted on the Online Service in connection with any third-party
content or software that may be included in the Online Service and any
footnotes, legal disclaimers, restrictions or disclosures, and any copyright
or proprietary notices posted on the Online Service. Faran Medical Claims
Inc. may change this Agreement at any time, provided that FaranBilling.com
will notify you of changes via the email address you provide through
the Online Service. Changes will take effect immediately after FaranBilling.com
notifies you of such change ("Effective Date"). If any change
is not acceptable to you, you must discontinue your use of the Online
Service immediately. Using the Online Service after the Effective Date
to input information or to access existing or new recommendations based
on your information means you accept the changes.
3. Rights and Responsibilities. You have no rights in or to any information,
content, data, or other materials ("Materials") posted by
FaranBilling.com or their providers on the Online Service, including
but not limited to any recommendations provided by FaranBilling.com
except that you may use and access, download, copy and print the Materials
for your personal use only, recognizing all copyright and other notices
on the Material. You may not do, or allow anyone else to do, anything
else with the Material unless you receive written permission from Faran
Medical Claims Inc. You agree not to resell or transfer the Online Service,
or your use of or access to the Online Service. In consideration of
use of the Services, you agree to: (a) provide true, accurate, current
and complete information about yourself on the registration forms used
to subscribe to the Online Service, and (b) to maintain and update this
information to keep it true, accurate, current and complete. Faran Medical
Claims Inc. has the right to terminate your account and refuse any and
all current or future use of the Online Service for any reason.
4. Ownership of Online Service trademarks. FaranBilling.com and the
Faran Medical Claims Inc. logo are trademarks or service marks of Faran
Medical Claims Inc. Other products and company names mentioned in the
Online Service may be trademarks of their respective holders. Faran
Medical Claims Inc. and their providers reserve all rights in the Online
Service.
5. Privacy. Anything that you transmit to the Online Service, including
but not limited to any information that you have provided to FaranBilling.com
Online Account Access, will be shared between Faran Medical Claims Inc.
and relevant carriers. All such information may be used by Faran Medical
Claims Inc. in accordance with FaranBilling.com.’s privacy policies
and to satisfy any legal or regulatory authority to which the parties
may be subject.
6. No Reliance. While Faran Medical Claims Inc. makes reasonable efforts
to obtain information from reliable sources, we do not make any representations
or warranties as to the accuracy, reliability or completeness of any
Material posted on the Online Service. Material provided on the Online
Service is subject to change without notice or liability to Faran Medical
Claims, Inc.
7. Acceptance of claims/EOB’s/Rejection of claims. Any acceptance, rejection,
and/or EOB’s provided through the Online Service from carriers and clearing
houses are provided for information only and should not be relied upon
as FaranBilling.com evaluations. They are not a commitment by Faran
Medical Claims Inc./FaranBilling.com to make any offer, merely evidence
of information service. While Faran Medical Claims Inc. has obtained
the information from sources it believes reliable, we make no representation
or warranty with respect to said evaluations provided on the Online
Service. In no event shall Faran Medical Claims Inc./FaranBilling.com
be liable for any indirect, special, or consequential damages in connection
with customers or others' use of the information.
8. Hypothetical or Past Performance. Hypothetical or past performance
results are not indicative of future results; no representation is being
made that any account will achieve claim acceptance exactly to any such
results shown.
9. HIPAA Compliance, Registration and Disclosure. Faran Medical Claims
Inc. is a HIPAA-compliant Online Medical Billing Service registered
in New York State. Faran Medical Claims Inc. endeavors to preserve the
privacy and confidentiality of the protected health information and
medical records maintained by its various servers and clients. It strives
to fulfill this responsibility in accordance with state and federal
statutes and regulations. Further, Faran Medical Claims Inc. acknowledges
its general obligations of trust and confidentiality reposed in its
employees. Under the Health Insurance Portability and Accountability
Act of 1996 (HIPAA), Faran Medical Claims Inc. will ensure that its
designated “covered components” comply fully with the requirements of
45 C.F.R. Parts 160, 164, which are the HIPAA Privacy Regulations.
10. Global Service Restrictions. The Online Service is intended for
U.S. persons only. Faran Medical Claims Inc. makes no representation
that the Online Service is appropriate for use in all locations, or
that transactions, products, instruments or services discussed on the
Online Service are available for use in all jurisdictions, or by all
providers. Those who access the Online Service are responsible for compliance
with applicable local laws or regulations. No software included in the
Online Service may be downloaded or otherwise exported in contravention
of US Department of Treasury or US Department of Commerce regulation.
11. No Warranty. The Online Service is provided "as is." FARAN
MEDICAL CLAIMS INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS
OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATED TO THE ONLINE SERVICE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. Faran Medical Claims Inc. does
not assume any responsibility for, or makes any warranties that Materials,
services or functions contained on the Online Service will be uninterrupted
or error-free, that defects will be corrected, or that the Online Service
or the server that makes the Online Service available will be free of
viruses or other harmful components. Faran Medical Claims Inc. shall
not be liable for any damages to, viruses that may infect, or services,
repairs or corrections that must be performed on your computer or other
property on account of your accessing or use of the Online Service.
Please note that some jurisdictions do not allow the exclusion of implied
warranties, so some or all of the above exclusion may not apply to you.
12. Limitation of Liability. IN NO EVENT SHALL FARAN MEDICAL CLAIMS
INC. BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES,
OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS
OF USE, LOSS OF PROFIT, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT,
TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE ONLINE SERVICE OR
THE MATERIAL CONTAINED IN, OR ACCESSED THROUGH, THE ONLINE SERVICE.
IN NO EVENT SHALL FARAN MEDICAL CLAIMS INC.’S TOTAL LIABILITY FOR ANY
AND ALL DAMAGES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU,
IF ANY, FOR THE USE OF FARANBILLING.COM. Certain laws do not allow limitations
or implied warranties, or the exclusion or limitation of certain damages.
If these laws apply, some or all of the above disclaimers, exclusions,
or limitations, may not apply to you, and you may have additional rights
to those contained herein.
13. Indemnification. You agree to defend, indemnify and hold Faran Medical
Claims, Inc,. and their respective employees, agents, officers, directors,
agents, contractors, suppliers and other representatives harmless from
and against all liabilities, damages, claims, actions, costs and expenses
(including attorneys' fees), in connection with or arising from your
breach of this Agreement and/or your use of the Online Service. FaranBilling.com
or both parties may, if necessary, participate in the defense of any
claim or action and any negotiations for settlement. No settlement that
may adversely affect the rights or obligations of Faran Medical Claims,
Inc./FaranBilling.com shall be made without the affected party's prior
written approval. Faran Medical Claims, Inc. reserves the right, at
their own expense and on notice to you, to assume exclusive defense
and control of any claim or action and then your corresponding indemnification
obligation will end.
14. Governing Law and Interpretation. If any term of this Agreement
is held invalid, illegal or unenforceable, the remaining portions shall
not be affected. The laws of the State of New York, excluding its conflict
of laws rules, govern this Agreement and your browsing and use of our
Online Service. You must comply with all laws, regulations, obligations
and restrictions that apply to you. You agree that the courts of New
York State have exclusive jurisdiction for any claim, action or dispute
under this Agreement. You also agree and expressly consent to the exercise
of personal jurisdiction in the State of New York. No failure or delay
in executing a submission or any option requiring carrier performance
shall be a waiver of that or any other right.
15. Notices. All necessary communications will be sent to the e-mail
address that you have provided to FaranBilling.com. Your acknowledgement
of this agreement indicates that you will accept all electronic communication,
including any SEC required and privacy disclosures from Faran Medical
Claims Inc. at that e-mail address for the duration of your use of the
Online Service. You agree to promptly update FaranBilling.com with any
changes in your e-mail address and waive all claims resulting from failure
to receive communications sent to a deficient address.
