Terms and Conditions
Agreement between User and www.bearabill.comWelcome to
www.bearabill.com. The www.bearabill.com website (the
"Site") is comprised of various web pages operated
by Fisa Solutions Inc. ("Bearabill").
www.bearabill.com is offered to you conditioned on your
acceptance without modification of the terms, conditions, and
notices contained herein (the "Terms"). Your use of
www.bearabill.com constitutes your agreement to all such
Terms. Please read these terms carefully, and keep a copy of
them for your reference.www.bearabill.com is an E-Commerce
Site.Analyze submitted documents for any errors relating to
medical bills a client has received.
Privacy
Your use of www.bearabill.com is subject to Bearabill's
Privacy Policy. Please review our Privacy Policy, which also
governs the Site and informs users of our data collection
practices.
Electronic Communications
Visiting www.bearabill.com or sending emails to Bearabill
constitutes electronic communications. You consent to receive
electronic communications and you agree that all agreements,
notices, disclosures and other communications that we provide
to you electronically, via email and on the Site, satisfy any
legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for
restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your
account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge
that Bearabill is not responsible for third party access to
your account that results from theft or misappropriation of
your account. Bearabill and its associates reserve the right
to refuse or cancel service, terminate accounts, or remove or
edit content in our sole discretion.
Children Under Thirteen
Bearabill does not knowingly collect, either online or
offline, personal information from persons under the age of
thirteen. If you are under 18, you may use www.bearabill.com
only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.bearabill.com may contain links to other websites
("Linked Sites"). The Linked Sites are not under the
control of Bearabill and Bearabill is not responsible for the
contents of any Linked Site, including without limitation any
link contained in a Linked Site, or any changes or updates to
a Linked Site. Bearabill is providing these links to you only
as a convenience, and the inclusion of any link does not imply
endorsement by Bearabill of the site or any association with
its operators.Certain services made available via
www.bearabill.com are delivered by third party sites and
organizations. By using any product, service or functionality
originating from the www.bearabill.com domain, you hereby
acknowledge and consent that Bearabill may share such
information and data with any third party with whom Bearabill
has a contractual relationship to provide the requested
product, service or functionality on behalf of
www.bearabill.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable
license to access and use www.bearabill.com strictly in
accordance with these terms of use. As a condition of your use
of the Site, you warrant to Bearabill that you will not use
the Site for any purpose that is unlawful or prohibited by
these Terms. You may not use the Site in any manner which
could damage, disable, overburden, or impair the Site or
interfere with any other party's use and enjoyment of the
Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available
or provided for through the Site.All content included as part
of the Service, such as text, graphics, logos, images, as well
as the compilation thereof, and any software used on the Site,
is the property of Bearabill or its suppliers and protected by
copyright and other laws that protect intellectual property
and proprietary rights. You agree to observe and abide by all
copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make
any changes thereto.You will not modify, publish, transmit,
reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in
whole or in part, found on the Site. Bearabill content is not
for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in
particular you will not delete or alter any proprietary rights
or attribution notices in any content. You will use protected
content solely for your personal use, and will make no other
use of the content without the express written permission of
Bearabill and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do
not grant you any licenses, express or implied, to the
intellectual property of Bearabill or our licensors except as
expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Bearabill account to third
party accounts. By connecting your Bearabill account to your
third party account, you acknowledge and agree that you are
consenting to the continuous release of information about you
to others (in accordance with your privacy settings on those
third party sites). If you do not want information about you
to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by
Bearabill from our offices within the USA. If you access the
Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will
not use the Bearabill Content accessed through
www.bearabill.com in any country or in any manner prohibited
by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Bearabill,
its officers, directors, employees, agents and third parties,
for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of
your use of or inability to use the Site or services, any user
postings made by you, your violation of any terms of this
Agreement or your violation of any rights of a third party, or
your violation of any applicable laws, rules or regulations.
Bearabill reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will fully
cooperate with Bearabill in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute
between them arising out of or concerning these Terms and
Conditions, or any provisions hereof, whether in contract,
tort, or otherwise at law or in equity for damages or any
other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal
Arbitration Act, conducted by a single neutral arbitrator and
administered by the American Arbitration Association, or a
similar arbitration service selected by the parties, in a
location mutually agreed upon by the parties. The
arbitrator's award shall be final, and judgment may be
entered upon it in any court having jurisdiction. In the event
that any legal or equitable action, proceeding or arbitration
arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and
reasonable attorney's fees. The parties agree to
arbitrate all disputes and claims in regards to these Terms
and Conditions or any disputes arising as a result of these
Terms and Conditions, whether directly or indirectly,
including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act
governs the interpretation and enforcement of this provision.
The entire dispute, including the scope and enforceability of
this arbitration provision shall be determined by the
Arbitrator. This arbitration provision shall survive the
termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take
place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE
PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE
AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A
PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further,
unless both you and Bearabill agree otherwise, the arbitrator
may not consolidate more than one person's claims, and
may not otherwise preside over any form of a representative or
class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. FISA SOLUTIONS INC. AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
TIME.FISA SOLUTIONS INC. AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. FISA SOLUTIONS INC.
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FISA
SOLUTIONS INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FISA
SOLUTIONS INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Bearabill reserves the right, in its sole discretion, to
terminate your access to the Site and the related services or
any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by
the laws of the State of Delaware and you hereby consent to
the exclusive jurisdiction and venue of courts in Delaware in
all disputes arising out of or relating to the use of the
Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms,
including, without limitation, this section.You agree that no
joint venture, partnership, employment, or agency relationship
exists between you and Bearabill as a result of this agreement
or use of the Site. Bearabill's performance of this
agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of
Bearabill's right to comply with governmental, court and
law enforcement requests or requirements relating to your use
of the Site or information provided to or gathered by
Bearabill with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.Unless
otherwise specified herein, this agreement constitutes the
entire agreement between the user and Bearabill with respect
to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or
written, between the user and Bearabill with respect to the
Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related
documents be written in English.
Changes to Terms
Bearabill reserves the right, in its sole discretion, to
change the Terms under which www.bearabill.com is offered. The
most current version of the Terms will supersede all previous
versions. Bearabill encourages you to periodically review the
Terms to stay informed of our updates.
Contact Us
Bearabill welcomes your questions or comments regarding the
Terms:Fisa Solutions Inc.2966 Manchester RoadShaker Heights,
Ohio 44122
Email Address:
forrest@bearabill.com
Telephone number:
(601) 436-6736Effective as of March 07, 2022GMT: Tue, 08 Mar
2022 02:13:49
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