Anvicare & Payer Forms
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IMPORTANT -- READ CAREFULLY This End-User License Agreement ("Agreement") is a legal contract between you (the "Customer") (either an individual or a single business entity) and AnviCare Inc. for the use of the internet software product Anvicare.com (the "Software") and, as applicable, associated media, printed materials, and "online" or electronic documentation (the "Software Application"). BY CLICKING THE "I ACCEPT" ICON BELOW, or by otherwise using the software application ANVICARE.COM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY CLICK THE "EXIT NOW" ICON TO LEAVE THE ANVICARE.COM SITE. AnviCare (Licensor) has produced a proprietary internet software program, Anvicare.com, for the use of Customers desiring to submit healthcare insurance claims over the Internet. The terms of this Agreement apply to the use of the Software, including any revisions or new releases Licensor may provide in the future. TERMS 1. License Grant. Licensor hereby grants to the Customer and the Customer accepts a nonexclusive license to use the Software only as authorized in this Agreement. Customer agrees not to assign, sublicense, transfer, pledge, lease, rent, or share rights under this Agreement. Customer agrees not to reverse assemble, reverse compile or otherwise translate the Software. Any copies of the Software or any related user documentation shall include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Software or any portions thereof may be made by Customer or any representative of the Customer. 2. Licensor's Rights. The Software and related user documentation are proprietary products of Licensor protected under U.S. copyright law. All rights, title, and interest in and to the Software, including associated intellectual property rights, are and shall remain with the Licensor. This Agreement does not convey to the Customer an interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this Agreement. 3. License Fees. Anvicare.com is provided without charge to those Customers intending to submit health insurance claims via Anvicare.com for processing by a 3rd party recipient (e.g. insurance companies, claims clearinghouses, etc.). It is understood that the 3rd party recipient is not a party to this Agreement. Unrelated to this Agreement, AnviCare may be entitled to receive a fee or fees from 3rd party recipient(s) of the health insurance claims submitted by the Customer via Anvicare.com. It is understood that the Customer shall have no rights to or in any residual fees, data or information in any form or manner following the submission of information via Anvicare.com. Other fees are payable only as separately stipulated by Licensor and agreed to by Customer. 4. Term. By clicking on the "I AGREE" icon below, or the first use of the Software, the terms and conditions of this Agreement, or as modified by Licensor, shall be applicable each and every time the Customer utilizes the Anvicare.com software. The Customer is under no obligation to use the Anvicare.com website although the terms and conditions of this Agreement remain in effect for all prior uses of the Anvicare.com website. Licensor may terminate this Agreement and discontinue the Anvicare.com website at any time and for any reason. 5. No Warranties. The Software is provided "AS IS" without any representations or warranties as to functionality or quality whatsoever. The Customer is asked to report any error or malfunction in the Software to the Licensor. Although Licensor assumes no legal obligation with respect to the use of the Software, it is Licensor's intent that errors and malfunctions will be addressed through reasonable corrective efforts based on priorities and available resources Licensor may assign to such errors or malfunctions. Please remember that any use of computers is subject to a likelihood of human and machine errors, omissions, delays and losses, including loss or corruption of data or media. The Customer should adopt such measures as the Customer deems proper to limit the impact of those problems, including backing up data and verifying the accuracy of input data; examining and confirming results prior to use; and adopting procedures to identify and correct errors and omissions, replace lost or damaged media, and reconstruct data. 6. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of Virginia without regard to its conflict of law statutes. 7. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the vent of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any term or provision of this Agreement or the application thereof is deemed to be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. PROPRIETARY RIGHTS 8. Copyright. All title and copyrights in and to the Software Application (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Application), the accompanying media and printed materials, and any copies of the Software Product are owned by AnviCare. The Software Application is protected by copyright laws and international treaty provisions. Therefore, the Customer must treat the Software Application like any other copyrighted material, subject to the provisions of this Agreement. 9. Submissions. Should the Customer decide to transmit to AnviCare's website by any means or by any media materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, the Customer agrees such submissions are unrestricted and shall be deemed non-confidential. Customer automatically grants AnviCare and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same. DISCLAIMER OF WARRANTY 10. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The Customer shall assume the entire risk of using the Software Application. ANVICARE DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS A CUSTOMER MAY OBTAIN BY USING THE SOFTWARE OR RELATED FILES. ANVICARE SHALL NOT BE LIABLE FOR THE CORRECTNESS OR QUALITY OF THE DATA SUBMITTED TO THE ANVICARE.COM WEBSITE AND THEN SUBSEQUENTLY TO 3RD PARTY RECIPIENTS. ANVICARE CANNOT WARRANT THAT THE INFORMATION SUBMITTED TO ANVICARE.COM WILL BE PROCESSED OR EVEN ACKNOWLEDGED BY A 3RD PARTY RECIPIENT. ANVICARE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE TIMEFRAMES INVOVLED FOR PROCESSING AND TRANSFERRING OF CUSTOMER DATA SUBMITTED VIA ANVICARE.COM TO 3RD PARTY RECIPIENTS. IN NO EVENT WILL ANVICARE OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ANVICARE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY CUSTOMER, OR FOR ANY CLAIM BY ANY THIRD PARTY. ANVICARE PROVIDES THE ANVICARE.COM WEBSITE "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OR IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
Yes, I accept the terms above. I wish to join Anvicare.com