Terms of Use

Acceptance of Terms

Please read the following important Terms of Use Agreement (the "Agreement") carefully. The Agreement governs your access to and use of the website Orthopedic Medical Billing (hereinafter referred to as "Website") and constitutes a binding legal agreement between you, as a user of the Website, and Orthopedic Medical Billing, the provider of the Website. Your access to and use of the Website requires your compliance with the Agreement and the terms and conditions contained herein. By accessing and/or using the Website, you agree to be bound by the Agreement. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of the Website. This Agreement sets forth Orthopedic Medical Billing’s terms and conditions with respect to its operation of the Website; other policies and agreements govern Orthopedic Medical Billing’s non-Internet operations.

To access or use the Website you must be over 13 years of age.

Products and Services Offered/Discussed on Website

Certain products or services offered by or discussed on the Website or the Websites may be governed by additional terms ("Additional Terms") presented in conjunction with those products or services. You must agree to these Additional Terms before using those products or services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms will control.

While the Website may contain information about certain products or services, including information on pricing and availability of certain products and services, such information is an estimate and is provided for informational purposes only and is not an offer by Orthopedic Medical Billing. The actual price of certain products and services may differ from what appears on the Website and certain products and services may not be available in all areas.

Amendments to the Agreement

Orthopedic Medical Billing reserves the right, in its sole discretion, to modify, alter, or otherwise change the Agreement at any time and without notice. All modified terms and conditions will be effective after the modified terms and conditions have been posted on the Website. Please review the Agreement periodically for changes. If any modified terms and conditions are not acceptable to you, you must immediately discontinue use of the Website. Further, if any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Website. By continuing to access or use the Website after any posted modification to the Agreement, you agree to be bound by such changes.

Privacy

Certain personally identifiable information may be collected from you. When you use the Website, Orthopedic Medical Billing may monitor your usage of the Website. By using the Website, you agree that Orthopedic Medical Billing may collect, use and disclose certain information you provide during the use of the Website, and in some cases information that is provided by other parties.

By submitting a quote request, you authorize Orthopedic Medical Billing and up to five companies that can help with your project to call or email you at the contact information you provided, and you understand that they may use automated phone technology to call you. At no time are you required to make a purchase, and you can opt out of these communications at any time.

Any applicable privacy policy for the Website will not be considered an Additional Term. In the event of an irreconcilable inconsistency between the privacy policy and this Agreement, the terms of this Agreement will control. You acknowledge and agree that Orthopedic Medical Billing may collect and disclose certain personally identifiable information if required to do so by law or in the good faith belief that such preservations or disclosure is reasonably necessary to: (a) comply with legal process or other governmental inquiry; (b) enforce the Agreement; (c) take action regarding suspected illegal activities; (d) protect Orthopedic Medical Billing’s rights, reputation, and property, or that of Orthopedic Medical Billing’s affiliates, or the public. If you use the Website outside of the United States, you consent to having your personal data transferred to and processed in the United States.

International Use and U.S. Export Controls

Accessing materials and/or Content on the Website by certain persons in certain countries may not be lawful, and Orthopedic Medical Billing makes no representation that materials and/or Content on the Website are appropriate or available for use in locations outside the United States. If you choose to access the Website from outside the United States, you do so at your own risk and initiative, and you are responsible for compliance with any applicable national and local laws. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. No Content or any other materials associated with the Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United states has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any Content or other materials from the Website or Websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited and that you are not a person or entity to which such export is prohibited.

Content, Software, and Downloads Available Through The Website

You understand that the Website provides you with information, data, text, sound, photographs, graphics, images, video, software, messages or other material (collectively, "Content"), and that such Content may be provided by third parties ("Third Party Content"). You agree that Orthopedic Medical Billing, in its sole discretion, may remove and discard any Content within the Website, for any reason. Any software that is made available to view and/or download on the Website, including podcasts, audio streaming, or video streaming, is protected by copyright laws and international treaty provisions. Your use of any software is governed by the terms of any end user license agreement which accompanies or is included with the software. Orthopedic Medical Billing is not responsible or liable for any software owned or controlled by third parties.

Links to Third Party Sites Outside of the Service

The Website may provide, links to Internet sites or resources operated by third parties. Because Orthopedic Medical Billing has no control over such sites and resources, you acknowledge and agree that Orthopedic Medical Billing is not responsible for the availability, accuracy, completeness, timeliness, or reliability of such external sites or resources. Orthopedic Medical Billing does not endorse, and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. If you choose to access any third party site, you do so at your own risk. You further acknowledge and agree that Orthopedic Medical Billing will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. The presence of a link to a third-party site does not constitute or imply Orthopedic Medical Billing’s endorsement, sponsorship, or recommendation of the third party or of the content, products, services, or material obtained on, or available through, the third party site.

Restrictions

The Website may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the Website. In addition, you agree not to do any of the following while using or accessing the Website:

upload, post, email or otherwise transmit any viruses, worms, defects, Trojan horses or other computer code that may interrupt, destroy, limit the functionality of the Website, or interfere with the access of any user to the Website;
circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or features that enforce limitations on the use of the Website;
attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any aspect of the Website
reformat or frame any portion of the Website
use manual or automated software, devices, scripts robots, other device, means or processes to access, "scrape," "crawl," retrieve, index or spider any portion of the Website or Content
attempt to probe, scan or test the vulnerability of any Orthopedic Medical Billing system or network or breach or impair or circumvent any security or authentication measures protecting the Website or the Content
interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the Website
use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website
take any action that imposes or may impose, in Orthopedic Medical Billing’s sole discretion, an unreasonable or disproportionately large load on Orthopedic Medical Billing’s technology infrastructure or otherwise make excessive traffic demands of the Website
attempt to gain unauthorized access to the Website, computer systems, or networks connected to the Website through hacking, password mining or any other means
use the Website in any way that competes with Orthopedic Medical Billing
encourage or instruct any other individual to do any of the foregoing

Orthopedic Medical Billing will determine, in its sole discretion, whether you have engaged in prohibited conduct; Orthopedic Medical Billing’s determination will be final and unreviewable, and you waive any and all rights you may have to challenge Orthopedic Medical Billing’s decision.

Website Modification, Availability, Termination, Cancellation

The Website (or any portion of the Website or Websites) may be modified, updated, interrupted, suspended or terminated at any time, for any reason, without notice to you. You agree that Orthopedic Medical Billing will not be liable to you or to any third party for any modification, update, interruption, suspension or termination of the Website or any portion thereof. Orthopedic Medical Billing may suspend or terminate your access to a Website or the Websites at any time, in Orthopedic Medical Billing’s sole discretion, with or without notice, if you fail to comply with any provision of the Agreement, or for any other reason, or for no reason at all. Any suspension, termination or cancellation will not affect your obligations to Orthopedic Medical Billing under the Agreement (including but not limited to ownership, indemnification, disclaimers of warranty and limitation of liability, choice of law and venue), which by their sense and context are intended to survive such suspension, termination or cancellation. Orthopedic Medical Billing will not be liable to you or any other person for termination of the Website or termination of your use of the Website.

Ownership

The Website and the Content are protected by copyright, trademark, service marks, patents or other proprietary rights and laws. Orthopedic Medical Billing, its licensors, and/or third parties exclusively own all right, title and interest in and to the Website(s) and the Content including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or the Content. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website(s) or the Content except as expressly permitted in the Agreement.

Testimonials

The Website may contain comments and statements by third parties about Orthopedic Medical Billing or products and services obtained through Orthopedic Medical Billing. Orthopedic Medical Billing does not represent or warrant that any statements or comments by third parties are accurate or that you will have a similar experience. Orthopedic Medical Billing explicitly disclaims any liability for reliance on any comments or statements made by third parties.

Disclaimer of Warranties and Limitations of Liability

The Website and Content included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind.

YOUR USE OF, AND RELIANCE ON, ANY INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE OR WEBSITES IS AT YOUR OWN RISK. Orthopedic Medical Billing MAKES NO REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT OR MATERIAL INCLUDED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE, MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHER, Orthopedic Medical Billing MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE OR WEBSITE WILL BE CORRECTED, OR THAT (vi) ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE OR WEBSITES IS AT YOUR SOLE DISCRETION AND RISK. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Orthopedic Medical Billing OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. Orthopedic Medical Billing, ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY "THE Orthopedic Medical Billing ENTITIES") WILL NOT BE RESPONSIBLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE WEBSITE. ADDITIONALLY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE Orthopedic Medical Billing ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE Orthopedic Medical Billing ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (i) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR BUSINESS INTERUPTION OR OTHER INTANGIBLE LOSSES OF ANY KIND; (ii) THE USE OR THE INABILITY TO USE OF THE WEBSITE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) ERRORS OR INACCURACIES CONTAINED ON THE WEBSITE OR ANY CONTENT, INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE; (vi) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (vii) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE WEBSITE OR ANY SITE TO WHICH IT PROVIDES LINKS; OR (v) ANY DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR OTHERWISE RELATED TO THE WEBSITE. THE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

Your sole and exclusive right and remedy in case of dissatisfaction with the Website or any other grievance will be your discontinuation of access to, or use of the Website.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Indemnity

You agree to defend, indemnify, and hold Orthopedic Medical Billing, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, partners, representatives, and shareholders harmless from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to or use of the Website; (ii) your violation of any provision of the Agreement; or (iii) your violation of any third party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. Orthopedic Medical Billing reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Orthopedic Medical Billing and you agree to cooperate with Orthopedic Medical Billing’s defense of these claims. You agree not to settle any matter without the prior written consent of Orthopedic Medical Billing. Orthopedic Medical Billing will use reasonable efforts to notify you of any such claim, demands, action or proceeding within a reasonable time after becoming aware of it.

Choice of Law and Venue

The Agreement will be governed by California law, without regard to its conflicts of laws principles.

FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN EAST BATON ROUGE PARISH, LOUISIANA.

General

The Agreement is the entire agreement between you and Orthopedic Medical Billing concerning the Website and supersedes all prior or contemporaneous communications between you and Orthopedic Medical Billing with respect to the Website. If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, then such provision will be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provisions, and the remaining provisions will remain in full force and effect. No waiver of any term of the Agreement will be deemed a further or continuing waiver of such term or any other term, and Orthopedic Medical Billing’s failure to assert any right or provision under the Agreement will not constitute a waiver of such right or provisions.

The Agreement is not assignable, transferable or sublicensable by you except with Orthopedic Medical Billing’s prior written consent, but may be assigned or transferred by Orthopedic Medical Billing without restriction. Any assignment attempted to be made in violation of the Agreement will be void.

The prevailing party in any proceeding arising under the Agreement will be entitled to receive reimbursement of its reasonable expenses and attorneys’ fees.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Agreement must be filed within (1) year after such claim or cause of action arose or be forever barred.

Disclaimer

Usage of this web site or any web site maintained by Orthopedic Medical Billing constitutes acceptance of the following terms and conditions:

Any duplication, modification, or use of any material provided on this web site, whether protected by copyright or not, of any kind for commercial purposes is strictly prohibited.

Orthopedic Medical Billing accepts no liability for any loss or damage, consequential or otherwise, incurred in reliance on the material in these pages. The information on this site is for information purposes only and is not intended as professional advice of any kind.