This Agreement with Rotech Healthcare Inc. and its subsidiaries (“Rotech” or “we” or “us”) applies to your use of the electronic bill presentment and payment portion of the Rotech website accessed by the Internet (hereinafter referred to as the “Website”). A third party vendor that specializes in statement presentment and processing called Best Practices, Inc. currently hosts the Website. Rotech reserves the right to change hosting providers with or without notice to you. In this Agreement, “you” or “your” means any person or entity using the Website.
- Use of Website
Use of the Website to access and view account information and to set up or make payments electronically is granted only to our patients or their legally authorized guardians who are at least eighteen (18) years of age and to the parents or legal guardians of our patients who are minors (“Authorized User”).
- Passwords and Security
As an Authorized User, you select a unique user name and password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer, and you are responsible for all activities that occur with regard to your account or with your user name and password. You are solely responsible for the activities of anyone accessing the Website using your password, even if the activities were not authorized by you. You must notify us immediately of any unauthorized use of your password by sending an email to firstname.lastname@example.org or by calling 877-389-1532. In addition, if you believe or suspect your password has been compromised, you must promptly change your password using the functionality provided on the Website.
We reserve the right to take any action we deem necessary or reasonable to maintain the security of the Website and your account, including without limitation, suspending or terminating your account. While we will take prudent steps to protect your account and the security of information on the Website, we cannot protect your information outside of the Website. We may rely on the authority of anyone accessing your account or using your password and in no event will we be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction taken under this provision; (ii) any compromise of the confidentiality of your account, user name or password, or (iii) any unauthorized access to your account or use of your user name and/or password. You agree to defend, indemnify and hold Rotech harmless from and against all third party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by Rotech arising out of your breach of this Agreement or violation of applicable law, your use or access of the Website, or access by anyone accessing the Website using your user ID and password.
We reserve the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to any convenience fees or other charges that may be associated with the use of the Website.
- Electronic Statements and other Billing Information
We will make every reasonable effort to ensure that the billing information you receive from us is accurate and to work with you to resolve any disputes that may arise. However, we do not assume responsibility for malfunctions in public communications facilities that may affect the accuracy or timeliness of your statements or changes to your statements or the timeliness of email messages you receive. Any information we send you via email is believed to be reliable; however, this information can only be provided for your convenience and is not guaranteed. We will not be liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any decision made using this information.
- Typographical Errors and Incorrect Pricing
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.
- Order Acceptance
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
- Electronic Payments
You may make one-time payments or schedule recurring equipment rental payments and other recurring payments by using a credit card, debit card or U.S. bank account. Payment processing will be performed by a third party compliant with the Payment Card Industry Data Security Standards. The designated third party payment processor will collect credit card, debit card or U.S. bank account information from you. We will not collect, store or have any access to your credit card, debit card or bank account information during the payment process. Payments will be processed promptly; however, a number of factors, several of which are outside our control, will contribute to when we receive a payment from you and credit it to your account. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system.
If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
- Privacy Practices
Our practices with regard to the use and disclosure of medical information about you are described in Rotech’s Notice of Privacy Practices, which was provided to you when we initially delivered your medical equipment and which is incorporated herein by this reference. As explained in our Notice of Privacy Practices, we may use and disclose medical information about you so that the treatment and services we provide you may be billed to and payment may be collected from you, an insurance company or a third party.
- Consent to Electronic Communications
When you visit the Website or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on the Website in accordance with the terms and conditions of our Policy and Consent to Receive Communications and Notices Electronically. We do not include details of your personal or financial information in emails unless you specifically request that we do so. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us and email directly or through the Website, or leaving a telephone message with an email address for us to respond to query about your account, as a request that we communicate personal or financial information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal or financial information and your identity as our patient) from time to time in an unencrypted manner.
- Intellectual Property
All Website related information and materials (“Intellectual Property”) are owned by Rotech and protected by United States copyright, trademark, trade secrets and other laws. None of the Intellectual Property may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Rotech. You may electronically copy and print to hard copy portions of the Website or statements provided on the Website for the sole purpose of using the information or materials for informational and personal use only. Any other use of the Intellectual Property– including any commercial use, reproduction for purposes other than described herein, modification, distribution, republication, display, or performance, without the prior written permission of Rotech–is strictly prohibited.
All contents of the Website are: Copyright © 2013 by Rotech Healthcare Inc. All rights reserved.
- No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. In addition, you agree that you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Restrict or inhibit any other user from using the Website.
- Violate any applicable laws or regulations.
- Liability Disclaimer
THE INFORMATION (INCLUDING BILLING AND ACCOUNT INFORMATION), SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Rotech WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. ROTECH MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ROTECH MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION (INCLUDING BILLING AND ACCOUNT INFORMATION), SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ROTECH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- Medical Advice Disclaimer
The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Rotech does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be included on the Website. Reliance on any information appearing on the Website, whether provided by Rotech, its content providers, its clients, visitors to the Website or others, is solely at your own risk.
- Termination/Access Restriction
We reserve the right, in our sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
- Legal Disputes
Users located in most states in the United States have access to the Website. Each of these jurisdictions has laws that may differ from each other. To assure a predictable legal environment in which to publish, access and use the Website, you agree that to the maximum extent permitted by law, this Agreement will be governed by the laws of the State of Florida, and you hereby consent to the exclusive jurisdiction and venue of the state court located in Orlando, Orange County, Florida for all disputes arising out of or relating to the use of the Website. You hereby waive the different governing law that might be dictated by conflicts of laws principles. You agree that all claims you may have arising from the operation or use of this Website will be heard and resolved in the state court located in Orange County, Florida. You consent to the personal jurisdiction of such court over you, stipulate to the fairness and convenience of proceeding in such court, and covenant not to assert any objection to proceeding in such court.
- Miscellaneous Additional Terms
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rotech as a result of this agreement or use of the Website. Rotech’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Rotech’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Rotech and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Rotech with respect to the subject matter of this Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents are written in English.