Legal Document

Legal Notices and Disclaimers of Liability



Terms of Use

By using this Website (“Website”) you are agreeing to be bound by the following terms of use (“Terms of Use”). These Terms of Use are a binding agreement between yourself and providerConnect™ Participating Carriers/Adjudicators/Third Party Payors (“Carriers/Adjudicators/Third Party Payors”). The Participating Carriers/Adjudicators/Third Party Payors reserve the right to amend these Terms of Use by posting updates to Terms of Use and such amendments are effective as of the date they are posted. Your continued use of the Website after amended Terms of Use are posted constitutes your agreement to, and acceptance of, the amended Terms of Use and any new services or features on the Website will be governed by the most updated Terms of Use. You are advised to check the Terms of Use, found at Terms of Use from time to time for any updates that may impact you.

  1. Access to Secure Areas

    1.1
    Some of the areas of the Website may require a username and password or some other form of access control (“Identification Credentials”) in order for you or an authorized user to gain access to and use of the Website's functionality ("Secure Areas"). If you are permitted to access and use one of the Secure Areas of the Website, it is your responsibility to keep your Identification Credentials private in order to ensure that your Identification Credentials are not used by any unauthorized parties.
    1.2
    If you allow your employees to access and use Secure Areas on your behalf with your Identification Credentials, you are responsible for ensuring compliance by such employees with these Terms of Use and are liable for their actions on the Website.
    1.3
    In the event that there is a dispute arising out of whether you are authorized to use particular Identification Credentials, the Participating Carriers/Adjudicators/Third Party Payors reserve the right to request documentation to determine or confirm such Identification Credentials.
    1.4
    The Participating Carriers/Adjudicators/Third Party Payors will not be liable for any damage, loss or expense suffered by you or a third party as a result of any unauthorized person gaining access to Secure Areas through the use of your Identification Credentials. You agree that you will indemnify the Participating Carriers/Adjudicators/Third Party Payors for any damages, losses or expenses that they may suffer, including any claims made against the Participating Carriers/Adjudicators/Third Party Payors by third parties, as a result of such access or use of Secure Areas by an unauthorized person.

  2. Use of the Website

    You agree that your use of the Website shall not:

    2.1
    violate any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation;
    2.2
    interfere with or disrupt computer networks connected to the Website;
    2.3
    impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity;
    2.4
    forge headers or in any manner manipulate identifiers in order to disguise the origin of any user information;
    2.5
    use the Website in such a manner as to gain unauthorized entry or access to the computer systems of others;
    2.6
    use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;
    2.7
    take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure;
    2.8
    reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website);
    2.9
    interfere with or disrupt use of the Website by any other user, nor will you "stalk", threaten or in any way harass another user; or
    2.10
    upload, post, transmit, publish or distribute any material or information that:
           
    a)
    you do not have all necessary rights and licenses to use or share;
           
    b)
    infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
           
    c)
    contains a computer virus or other code, file or program intending in any manner to disrupt or interfere with the functioning of the Website or other computer systems;
           
    d)
    constitutes or encourages conduct that would constitute a criminal offence, gives rise to other liability or otherwise violate applicable law; or
           
    e)
    is unlawful;
           
    f)
    or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically or otherwise objectionable.

  3. Warranties and Limitation of Liability

    3.1
    The Participating Carriers/Adjudicators/Third Party Payors represent and warrant that they will use commercially reasonable efforts to make the Website available to you in accordance with these Terms of Use.
    3.2
    EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS OF USE, THE PARTICIPATING CARRIERS/ADJUDICATORS/THIRD PARTY PAYORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE WEBSITE. THE PARTICIPATING CARRIERS/ADJUDICATORS/THIRD PARTY PAYORS DO NOT REPRESENT OR WARRANT THAT: A) THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; B) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR C) ALL ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED. EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS OF USE, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
    3.3
    IN NO EVENT WILL THE PARTICIPATING CARRIERS/ADJUDICATORS/THIRD PARTY PAYORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES, WHETHER OR NOT THE PARTICIPATING CARRIERS/ADJUDICATORS/THIRD PARTY PAYORS, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, ARISING IN CONNECTION WITH: A) YOUR USE OF, OR INABILITY TO USE, THE WEBSITE; B) THE USE, OR INABILITY TO USE, THE WEBSITE BY ANY THIRD PARTY UNDER YOUR AUTHORIZATION; C) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR SYSTEM FAILURE OR LOSS OF DATA; OR D) THE COMMUNICATION BY YOU OF ANY CONFIDENTIAL OR SENSITIVE INFORMATION, OR THE PARTICIPATING CARRIERS’ COMMUNICATION TO YOU OF SUCH INFORMATION, OVER THE INTERNET.

  4. Information and Availability

    4.1
    Information provided by the Participating Carriers/Adjudicators/Third Party Payors on the public areas of this Website is for informational purposes only and is not intended to provide financial, legal, medical, insurance, accounting or tax advice and should not be relied upon in that regard.
    4.2
    Information provided by the Participating Carriers/Adjudicators/Third Party Payors is believed to be accurate and reliable, they cannot guarantee that such information is accurate or complete or current at all times. While the Participating Carriers/Adjudicators/Third Party Payors endeavour to keep the information current, such information is subject to change at any time without notice.
    4.3
    The Participating Carriers/Adjudicators/Third Party Payors will use commercially reasonable efforts to make the Website available, however, such parties are not responsible for any service interruptions. The Participating Carriers/Adjudicators/Third Party Payors will not be liable for any loss resulting from a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

  5. Links to other websites

    5.1
    The Participating Carriers/Adjudicators/Third Party Payors make no representations whatsoever about any other website which you may access through the Website. When you access any non-providerConnect™ website through the Website (“Third Party Website”), you acknowledge that such Third Party Websites are independent from this Website and that the Participating Carriers/Adjudicators/Third Party Payors have no control over the content of such websites.
    5.2
    Any links provided on this Website to Third Party Website does not constitute a representation that the Participating Carriers/Adjudicators/Third Party Payors endorse or accept any responsibility for the content, services, software or your use of Third Party Websites. Where software is available for download on Third Party Websites, such software is governed by the terms of the license agreement, if any, which accompanies or is provided with such software. You accept all liability arising from the use of Third Party Websites and acknowledge that it is your responsibility to take adequate precautions to protect yourself from any viruses, worms, trojan horses and other destructive code that may be present on or as a result of accessing Third Party Websites.

  6. Ownership and Copyrights

    6.1
    The Website is operated by or on behalf of the Participating Carriers/Adjudicators/Third Party Payors. You acknowledge that all content on this Website is the copyright protected property of its owners and/or such owners’ various third party providers and distributors.
    6.2
    Except to the extent that you have been granted express prior written permission from the owners of the content on the Website, none of the content or data found on the Website may be reproduced, republished, distributed, sold, transferred, modified, posted, transmitted or distributed. You may download, display and print the materials presented on this Website solely for your personal use or internal business purposes.

  7. Trade-marks

    7.1
    Certain names, words, titles, phrases, logos, icons, graphics or designs on this Website may constitute trade names, registered or unregistered trade-marks or service marks ("Trade-marks") of the Participating Carriers/Adjudicators/Third Party Payors and are used under license by such parties. However, the display of Trade-marks on this Website does not imply to use these Trade-marks that any license has been granted to you or to any third party.
    7.2
    Any unauthorized downloading, re-transmission, or other copying or modification of Trade-marks or other contents of this Website may be a violation of statutory or common law rights which could subject the violator to legal action.

  8. Governing Jurisdiction

    8.1
    This Website and your use of it will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law.