PrimaryPlusThese Terms of Service ("Terms") govern your access to and use of the website operated by PrimaryPlus LLC ("PrimaryPlus," "we," "us," or "our") at myprimaryplus.com and myprimaryplus.org (the "Site"). Please read them carefully.
1. Acceptance of Terms
By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Site. If you use the Site on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Informational Purpose
The Site is provided for general informational and marketing purposes. Content on the Site describes services that PrimaryPlus may offer and does not constitute an offer, guarantee, or commitment to provide any service, result, reimbursement outcome, or performance level. Any engagement for services is governed by a separate written agreement between you and PrimaryPlus.
3. No Professional Relationship
Nothing on the Site or in your use of it creates a client relationship, a business associate relationship, a fiduciary relationship, or any contractual obligation to provide services. The Site does not provide legal, medical, coding, billing, tax, or compliance advice, and you should not rely on it as a substitute for professional advice tailored to your circumstances.
4. Eligibility
You must be at least eighteen years old and capable of forming a binding contract to use the Site. By using the Site you represent that you meet these requirements and that all information you provide is accurate.
5. Intellectual Property
The Site and all of its contents, including text, graphics, logos, the PrimaryPlus name and mark, layout, design, and software, are owned by or licensed to PrimaryPlus and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your own internal, lawful, informational purposes. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, frame, scrape, data-mine, or otherwise exploit any part of the Site without our prior written consent. All rights not expressly granted are reserved.
6. Acceptable Use
You agree not to:
- use the Site for any unlawful, fraudulent, or unauthorized purpose;
- interfere with or disrupt the Site, its servers, or its security, or attempt to gain unauthorized access to any system;
- introduce viruses, malware, or other harmful code;
- use any automated means to access, scrape, or harvest content or data from the Site; or
- misrepresent your identity or affiliation.
7. No PHI Submission
You agree not to submit protected health information, patient records, or other clinical data through any form, email, or feature of the Site. Information submitted through the Site is treated as business contact information and is not subject to HIPAA. You are solely responsible for any information you choose to transmit through the Site.
8. Third-Party Content
The Site may link to or reference third-party websites, services, or resources. We do not control and are not responsible for the availability, content, or practices of those third parties, and we do not endorse them. Your dealings with third parties are solely between you and the third party.
9. Disclaimers
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, PRIMARYPLUS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SITE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PRIMARYPLUS AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
11. Indemnification
You agree to defend, indemnify, and hold harmless PrimaryPlus and its members, managers, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Site, your violation of these Terms, or your violation of any law or the rights of any third party.
12. Governing Law & Venue
These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws principles. Subject to the arbitration provision below, you agree that any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Clark County, Nevada, and you consent to the personal jurisdiction of those courts.
13. Dispute Resolution & Arbitration
Please read this section carefully; it affects your legal rights. Any dispute, claim, or controversy arising out of or relating to the Site or these Terms will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court or seek injunctive or equitable relief in court to protect its intellectual property or confidential information.
Arbitration will take place in Clark County, Nevada, before a single arbitrator, and judgment on the award may be entered in any court of competent jurisdiction. You and PrimaryPlus agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class proceeding. TO THE EXTENT PERMITTED BY LAW, YOU AND PRIMARYPLUS WAIVE ANY RIGHT TO A JURY TRIAL.
14. Changes to These Terms
We may modify these Terms at any time by posting the revised version on the Site and updating the effective date. Changes are effective when posted. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
15. General Provisions
These Terms, together with the Privacy Policy, constitute the entire agreement between you and PrimaryPlus regarding the Site and supersede any prior understandings. If any provision is found unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them freely, including in connection with a merger, acquisition, or sale of assets. The disclaimers, limitations of liability, indemnification, and dispute-resolution provisions survive termination of these Terms.
16. Contact
Questions about these Terms may be directed to PrimaryPlus LLC at info@myprimaryplus.org or 773.232.7268.