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Terms and Conditions of use of the eAppeals Web Site
Welcome to "eAppeals".
Each time you enter www.eAppeals.com
(the "Site"), you agree to automatically consent to the terms set
forth herein, as modified from time to time. EAPPEALS reserves the
exclusive right to modify this policy at any time without notice, and you are
encouraged to review this policy each time you enter the Site.
Legal Information
Copyright & Trademark Information
Privacy Policy
Legal Information
The Site is owned by EAPPEALS LLC. The mailing address is EAPPEALS LLC.,
PO Box 402826 Miami Beach, Florida 33140 USA; and the fax is (305) 777-2229.
You agree that your access to and use of the Site are
subject to the terms and conditions set forth in this legal notice, any
applicable EAPPEALS licensing and/or subscription agreement, and
applicable laws. The terms and conditions herein are subject to change at any
time without prior notice. Any such changes will be reflected on the Site. The
Site may contain typographical errors or inaccuracies and may not be complete
or current. EAPPEALS therefore reserves the right to correct any
errors, inaccuracies or omissions (including after an order has been submitted)
and to change or update information at any time without prior notice. Your
access to and use of the Site is undertaken at your own risk.
THE SITE, AND ANY INFORMATION OR CONTENT ON THE SITE, ARE
PROVIDED "AS IS," WITH ALL FAULTS. EAPPEALS MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. NEITHER EAPPEALS NOR ITS AFFILIATES, NOR THE
DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, ADVISORS,
SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER
ARISING OUT OF OR RELATED TO THE USE OF THE SITE, PRODUCTS, SERVICES OR
INFORMATION AVAILABLE ON THE SITE OR THROUGH ANY OTHER WEB SITE LINKED TO THE
SITE, ANY FAILURE OF PERFORMANCE, ERROR OMISSION, DELAY IN OPERATION OF
TRANSMISSION, COMPUTER VIRUS, OR BREACH OF ANY TERM HEREIN. THIS LIMITATION OF
LIABILITY APPLIES TO ALL DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS,
BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF
EAPPEALS OR ANY OF THE FOREGOING PARTIES IS NOTIFIED IN ADVANCE OF THE
POTENTIAL FOR ANY SUCH DAMAGES. IN NO EVENT SHALL DAMAGES EXCEED THE LESSER OF
(A) THE ACTUAL AMOUNT PAID BY YOU DIRECTLY TO EAPPEALS FOR A SINGLE
USER TRANSACTION PURSUANT TO A WRITTEN LICENSING AND/OR SUBSCRIPTION AGREEMENT
OR (B) $100.00.
EAPPEALS HAS ATTEMPTED TO TRACK AND APPLY ALL
GOVERNING RULES AND REGULATIONS REGARDING HEALTHCARE APPEALS. THESE RULES REGULARLY CHANGE AND ARE MODIFIED
FROM TIME TO TIME; SOME RULES ARE NOT AVAILABLE AND SOME HAVE NOT BEEN LOCATED;
IN THESE SITUATIONS, EAPPEALS APPLIES COMMON TIME FRAMES OR MODEL
REGULATIONS. EAPPEALS DOES NOT
REVIEW OR APPROVE THE CONTENT OF ANY APPEAL. ANY QUESTIONS REGARDING YOUR PARTICULAR APPEAL OR ANY SPECIFIC RIGHTS
THAT YOU MAY HAVE SHOULD BE DIRECTED TO YOUR ATTORNEY. THE FILING OF AN APPEAL THROUGH THIS SITE
DOES NOT TOLL OR EXTEND THE TIME FOR YOU TO FILE CERTAIN CLAIMS, INCLUDING
LAWSUITS. YOU AGREE BY USING THIS SITE
THAT EAPPEALS IS NOT LIABLE FOR THE FAILURE TO APPLY ANY REQUIRED
REGULATORY TIME FRAME OR TO OTHERWISE PROPERLY PROCESS YOUR APPEAL.
EAPPEALS DOES NOT MAKE ANY REPRESENTATIONS OR
WARRANTIES ABOUT ANY WEB SITE THAT YOU MAY ACCESS THROUGH THE SITE. Any such
WEB SITE is independent from the Site, and EAPPEALS has no control
over, or responsibility with respect to, the information provided or activities
undertaken by any such WEB SITE A link between the Site and another WEB SITE
does not mean that EAPPEALS endorses that WEB SITE. You need to make your own independent decisions
regarding your interactions or communications with any other WEB SITE.
Copyright & Trademark Information
© 2001 eAppeals LLC. ALL RIGHTS RESERVED.
All content, graphics, code and software used on or
incorporated into the Site, and the arrangement or integration of all such
content, graphics, code and software, are subject to copyrights held by or
licensed to EAPPEALS, and all rights, title and interest thereto are
specifically reserved. Permission is granted to electronically copy and print
hard copies of pages from the Site solely for educational, personal and
non-commercial purposes, and any such copies must bear the copyright notice
stated above. Any other use of the Site or content or information contained in
the Site is strictly prohibited, unless the prior written permission of
EAPPEALS is obtained.
The Site, as well as trade names, marks, page headers, custom graphics, buttons,
images and other content on the Site, are subject to trademark, service mark,
trade dress, trade secret, copyright and or other proprietary or intellectual
property rights or licenses held by EAPPEALS or its affiliates. Other
trademarks, product names and company names or logos used on the Site are the
property of their respective owners. Except as expressly authorized, the use of
any trademarks, trade names, logos, images, graphics or content from the Site
is strictly prohibited.
Please note that any information, materials, suggestions, ideas or comments sent to
the Site will be deemed non-confidential, and, by submitting any such
information, you are granting EAPPEALS an irrevocable and unrestricted
license to use, modify, reproduce, transmit, display and distribute such
materials, information, suggestions, ideas or comments for any purpose
whatsoever. You agree we will have no obligation to use your name in connection
with any such materials, information, suggestions, ideas or comments.
Service and License
Subject to the terms and conditions of this Service
Agreement, eAppeals grants to you a personal, non-sublicensable,
non-exclusive license to use the Site and proprietary software, in object code
form only, and only in accordance with this agreement.
Prohibited Use
You agree not to allow any third party to use your user identification to access
the Site. You also agree not to use the
Site or any services provided on or through the Site for any commercial purpose
or, in any manner, which is competitive with the services provided by
eAppeals or its affiliates.
You agree not to use the Site or any service thereon: (1) in connection with chain letters, junk
email, junk phone messages, junk faxes, spamming, or any duplicative or
unsolicited messages (commercial or otherwise); (2) to harvest or otherwise
collect information about others, including email addresses, without their
consent; (3) to create a false identity or forged email, telephone, or
facsimile address or header, or otherwise attempt to mislead others as to the
identity of the sender or the origin of the message; (4) to transmit unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or
otherwise objectionable material of any kind or nature; (5) to transmit any
material that may infringe the intellectual property rights or other rights of
eAppeals or third parties, including trademark, copyright, or right of
publicity; (6) to libel, defame or slander any person or entity, or infringe
any person’s publicity or privacy rights; (7) to transmit any material that
contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other
harmful or deleterious programs; (8) to violate any U.S. law regarding the
transmission of technical data or software exported from the United States; (9)
to interfere with or disrupt networks connected to the services, or violate the
regulations, policies or procedures of such networks; (10) to attempt to gain
unauthorized access to the services, other accounts, computer systems, or
networks connected to the services, through password mining or any other means;
(11) to interfere with another person’s use and enjoyment of the services or
the Site or another entity’s use and enjoyment of similar services; or (12) to
engage in any other unlawful activity or any activity that eAppeals
reasonably believes could subject it, its affiliates or users to civil or
criminal liability, penalty or judgment.
Investigations of Prohibited Use & Criminal Violations
eAppeals may investigate violations involving the
prohibited use of the Site or the services as described able. eAppeals may also cooperate with law
enforcement authorities in the investigation of suspected criminal violations.
eAppeals reserves the right to investigate such
claims itself and to be reimbursed from the user for all costs reasonably
incurred by eAppeals thereby.
You agree to defend and indemnify eAppeals and any
of its suppliers, partners or affiliates for any loss or damage they may suffer
as a result of your breach of any term of this agreement, and you will
cooperate as reasonably required in the defense of any claim. eAppeals reserves the right, at its
own expense, to assume the exclusive defense and control of any matter subject
to indemnification by you, and you shall not in any event settle any matter
without the prior written consent of eAppeals.
Security
eAppeals attempts to provide a secure environment
for the storage of your personal data. From time to time, the Site implements the use of encryption software to
provide for secure transmissions of data. While eAppeals uses all commercially reasonable efforts to
safeguard the confidentiality of your personal data, transmissions made by use
of the Internet and stored on computers connected to the Internet cannot be
guaranteed to be secure. eAppeals does not guarantee the security of the Site or the
security of any transactions occurring therein.
Applicable Law & General Terms
This Site was created and is kept and controlled by
eAppeals.com LLC., located in Miami, Florida, USA. eAppeals makes no representation that
materials on this Site are appropriate or available for use in other
locations. If you access this Site from
another location, you do so on your own initiative and are responsible for
compliance with local laws, if and to the extent they are applicable. By accessing this Site, you and
eAppeals both agree the laws of the State of Florida and of the United States
will govern all matters relating to this Site, without giving effect to any
principles of conflict of laws. By
accessing and using the Site, you acknowledge you have read this agreement,
understand its terms, and that you consent to the exclusive jurisdiction and
venue of the state courts of Miami-Dade County, Florida,
and federal courts in and for the Southern District of Florida, in all disputes
arising out of or relating to the use of the Site. If any provision of this agreement shall be
deemed unlawful by a court of competent jurisdiction, void or for any reason
unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any remaining
provisions. In the event
eAppeals brings litigation to enforce the provisions of this agreement,
eAppeals shall be entitled to reimbursement for reasonable attorneys'
fees and costs at trial and on appeal. This agreement is the entire agreement between you and eAppeals
relating to the matters contained herein.
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