Please read these Terms and Conditions of Use (the “Terms”) carefully. Zotec Partners, LLC (“Zotec”) and its affiliates (collectively, “we,” “our,” or “us”) own and operate certain websites, such as Zotecpartners.com and MyDocBill.com (the “Patient Portal”), as well as provider support pages, found at zotecpartners.com/provider-login/ (the “Provider Portal”), and mobile, tablet, and other smart device applications. Zotec also operates application program interfaces, online services, and other tools, programs, and associated services that consumers and providers may use when accessing Zotec’s products and services. We collectively refer to these websites and applications as Zotec’s “Platform,” and in each case these Terms apply. Your use of the Zotec Platform is subject to all of the terms and conditions set forth in detail below. By accessing or using the Platform, the operator of this site (“the Operator”) grants you a limited license to access the Platform subject to the acceptance and compliance with the Terms.
These terms constitute a contract between you and Zotec that governs your access and use of the Platform and of Zotec’s services. You agree and acknowledge that you have read and understand these Terms and that you will comply in all respects with these Terms and the Privacy Laws and Privacy Policy below.
IMPORTANT PLEASE READ: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. WE URGE YOU TO REVIEW THE “DISPUTE RESOLUTION” SECTION BELOW CAREFULLY, AS IT REQUIRES YOU TO: (i) RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION, (ii) TO WAIVE YOUR RIGHT TO A TRIAL BY JURY, AND (iii) TO WAIVE YOUR RIGHT TO REPRESENT A PUTATIVE CLASS OR TO PARTICIPATE AS A CLASS MEMBER IN ANY ALLEGED CLASS ACTION.
You also agree and acknowledge that from time to time the Platform may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs which may be undertaken from time to time, or (iii) causes which are beyond the Operator’s control or which are not reasonably foreseeable.
All content included on the Platform, such as text, graphics, logos, images, and data, is the property of the Operator and is protected by United States and international copyright laws. The Operator retains all intellectual property rights of any kind or nature related in any manner to the Platform, including, but not limited to, all such rights related to the software, products, processes, workflows, services, designs, or logos. You acknowledge that Operator retains all right, interest and title in its intellectual property and you agree not to contest those rights or engage in any conduct contrary to those rights. You agree not to reproduce, duplicate, copy, sell, resell, reverse engineer or exploit for any commercial purposes in any manner, any portion of the Platform, or use or access the Platform in any manner that is inconsistent with these Terms.
Using the Platform
The Platform may permit you to browse information without an account or without logging into an account. If you use the Platform in this manner, you understand that these Terms still apply to your passive use. If you are using the Platform on behalf of an entity, such as a healthcare provider, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms, and you agree to be bound by these Terms on behalf of that entity, organization, or company. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Zotec has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, or if we believe that you have breached these Terms, Zotec has the right to immediately block your current or future use of the Platform.
If you have an account, you are responsible for maintaining the confidentiality and security of your account, including your password. You are also responsible for all activities or any other actions that occur under or that are taken in connection with your account. You agree to immediately notify Zotec of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password or payment information, if applicable. Zotec will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with these Terms.
Communications and Text Messages
Depending on how you use the Platform or access the PatientPortal, you may provide Zotec your phone number, which may be a cell phone number. You understand that Zotec may call you or send you text messages to the phone number you provide to facilitate the payment of invoices or charges for healthcare treatment you may receive. You agree that by providing your phone number to Zotec, you are also providing express consent for Zotec to contact you by telephone, SMS, or MMS messages at the phone number you provided for transactional, operational, or informational purposes, which includes patient billing. You understand and agree that Zotec’s messages may be sent using automated technology and that you may unsubscribe at any time. Your consent to receive calls and texts is not required to access the Platform or to use Zotec’s services. You warrant that you are the current subscriber or authorized user of the phone number you provided.
If you unsubscribe from receiving text messages from Zotec, you may continue to receive text messages for a short period not to exceed ten (10) business days, while we process your request(s). If you change or deactivate the phone number you provided to Zotec, you have an affirmative obligation to immediately update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously subscribed to you.
Standard data and message rates may apply for SMS and MMS messages. Please contact your mobile phone carrier for details.
Privacy Laws and Privacy Practices
We are committed to the privacy and confidentiality of personal information, and we recognize that the security of your health care information is of great concern to you. Some or all of the information accessible through the Platform constitutes Protected Health Information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and related federal and state laws and regulations (collectively, the “Privacy Laws”). All users of the Platform are required to comply in all respects with the Privacy Laws.
We treat as confidential all PHI submitted by you in accordance with our Privacy Policy, which you can find and access here: Privacy Policy – Zotec Partners. You are responsible for maintaining the confidentiality of all information accessed through the Platform and for restricting access to your computer and are fully responsible for all activities that occur under your login or account. You agree to immediately notify your physician of any unauthorized use of your information or any other breach of security. Neither the Operator of the Platform nor any physician nor any affiliate, member, manager, officer, director, agent, employee or representative (collectively, “Representatives”) of the Operator or any physician will be liable for any loss or damage arising from your failure to comply with this provision. Additionally, all patients are responsible for the use and misuse by their legal representatives and authorized users of this Portal and the information contained therein.
We are committed to protecting the privacy of children. THIS PLATFORM IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 18, and not intended for use by children under the age of 13. In the event the system recognizes that anyone under 18 has attempted to access the Platform, the session will be aborted and an appropriate notice posted to the user.
Disclaimer of Warranties and Limitation of Liability
THE PLATFORM IS PROVIDED BY THE OPERATOR ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE OPERATOR MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE INFORMATION, CONTENT, OR DATA INCLUDED ON OR PROVIDED THROUGH THE PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATOR DOES NOT WARRANT THAT THE PLATFORM, ITS SERVERS, OR E-MAIL, TEXT OR OTHER MESSAGES SENT FROM THE OPERATOR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER THE OPERATOR, ANY PHYSICIAN NOR ANY REPRESENTATIVE OF THE OPERATOR OR ANY PHYSICIAN WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. The OPERATOR assumes no responsibility, and is not liable for any damage to, or virus or other harmful code that may affect your computer equipment or other property based on your access to, or use of, the Platform. This also applies to the downloading of any objects from the Platform.
YOU AND ZOTEC AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU UNDERSTAND THAT YOUR USE OF THE PLATFORM, IN ANY WAY, INCLUDING YOUR PASSIVE USE, IS SUFFICIENT CONSIDERATION IN EXCHANGE FOR THE WARRANTIES, DISCLAIMERS, AND WAIVERS IN THIS AGREEMENT. YOU AND ZOTEC AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE. EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGE ARISING OUT OF YOUR USE OF THE PLATFORM IS TO DISCONTINUE USING THE PLATFORM AND SERVICES, WHICH YOU MAY DO AT ANY TIME.
Termination
Your rights under these Terms will terminate automatically without notice if you fail to comply with these Terms. Zotec also reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Platform and/or services offered on the Platform (or any part thereof). Zotec will not be liable for any changes to the Platform or any termination of your access to the Platform. You agree that any termination of your access to the Platform under any provision of these Terms may occur without prior notice, and you acknowledge and agree that the Zotec may bar any further access to your account or the Platform.
You may not assign or transfer your rights under these Terms, in whole or in part, by operation of law or otherwise, without Zotec’s prior written consent. Zotec may assign its rights under these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be null and void. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.
Indemnification
You agree to indemnify and hold Zotec, all medical providers whose information is provided through any part of the Platform, and each of their respective Representatives harmless from any claims, demands, losses, damages, fees, or penalties, and the cost to investigate and defend same including reasonable attorneys’ fees, made by you, any federal or state agency, or any third party due to or arising out of the breach of these Terms or a violation of the Privacy Laws by you or anyone accessing this Platform on your behalf.
Right to Change the Terms and Conditions
The Terms may be updated by us from time to time without notice to you. Any changes to the Terms will be effective immediately upon posting of the charged terms and conditions on the Portal. You agree to review the Terms periodically, and your use of the Portal following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.
Governing Law
Except for the “Dispute Resolution” section below, the terms, conditions, and policies contained in these terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its choice or conflict of laws principles. The Federal Arbitration Act will govern the interpretation and enforcement of the “Dispute Resolution” section.
Also, regardless of any statute or law to the contrary (and to the fullest extent permitted by law), you must provide notice to Zotec of any claim within one year of its accrual, or your claim will be waived and barred
Venue
You agree that to the extent any dispute, claim, or controversy is permitted to proceed in court (except for small claims court), it shall be brought and heard exclusively in the state and federal courts of Marion County, Indiana.
DISPUTE RESOLUTION
YOU NEED TO READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY. IT LIMITS YOUR RIGHTS TO BRING LAWSUITS AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THE PROCEEDINGS ARE MORE STREAMLINED WITH LIMITED APPELLATE REVIEW.
A. Mandatory Arbitration
You agree that all claims, disputes, and disagreements that may arise out of or relate, in any way, to your use of the Platform or Zotec’s services, and/or other content on the Platform, your relationship with Zotec, or any other dispute you may perceive to have with Zotec, whether based on a state or federal statute, or in contract or tort, shall be submitted exclusively to binding arbitration. The term “dispute” shall have the broadest possible meaning. This includes claims that arose, were asserted, or involve facts occurring before the existence of these Terms or any other agreement you may have with Zotec, as well as claims that may arise after the termination of these Terms. This arbitration provision is intended to be broadly interpreted.
Notwithstanding the foregoing, issues related to the scope, validity, and enforceability of this arbitration clause are for a court to decide. Each party retains the right to (1) elect (at any time prior to the appointment of an arbitrator) to have any claims heard in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, provided the proceeding remains in small claims court and is not removed or appealed to a court of general jurisdiction, and (2) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other confidential or proprietary information or intellectual property rights.
ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE DISPUTE. RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED AND EXPEDITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
B. Class Action and Collective Relief Waiver
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE, OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OR AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF. UNLESS BOTH YOU AND GRUBHUB OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING.
THIS CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS AN ESSENTIAL PART OF THIS “DISPUTE RESOLUTION” SECTION, AND IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR DISPUTE, YOU WILL NOT BE ENTITLED TO ARBITRATE SUCH CLAIM OR DISPUTE. IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF OR A REQUEST FOR PUBLIC INJUNCTIVE RELIEF, AND AFTER ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN COURT BUT SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS AND REQUESTS FOR RELIEF.
General Terms
The Terms constitute the entire agreement between you and Zotec and governs your use of the Platform. If Zotec fails to exercise or enforce any right or provision of the Terms, that failure shall not constitute a waiver of any such right or provision. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right to or under any of Zotec’s patents or trademarks.
Refund Policy
If a refund is due, the credit card used to make the payment will be credited the refund amount or a check will be mailed to the address on the account.
