TERMS AND CONDITIONS OF USE

Use and Authorization

Please read these Terms and Conditions of Use (the "Terms") carefully before using this patient portal (the "Portal"). Your use of the Portal is subject to all of the terms and conditions of use which are set forth in detail below. By accessing or using the Portal, the operator of this site, Zotec Partners (the "Operator"), grants you a limited license to access the Portal subject to the acceptance and compliance with the Terms.

The Portal is provided for the use of patients and is permitted to be used only by patients, and their legal representatives. Each user is completely responsible for all activities that occur under the account of such user. Each user who gains access to the Portal agrees and acknowledges that such user:

(1) Has read and understands the Terms,

(2) Is either the patient or the patient's legal representative,

(3) Gained access to the Portal only through the use of information such user owned or legally possessed and had the right to use in connection with the use of this Portal,

(4) Is authorized legally to view the information with respect to the account accessed by such user and to undertake any of the actions with respect to such account that such user takes,

(5) Will maintain the confidentiality and privacy of all information viewed or accessed in any manner through the Portal, and

(6) Will comply in all respects with these Terms and the Privacy Laws and Privacy Policy below.

Although not required for service within the Portal, all users expressly consent to receive informational text messages or phone calls by automatic dialing systems to the cell phone numbers they have provided, and to the extent that any user of this Portal has received communications by text message or telephone call, such user agrees and acknowledges that any such communications previously were authorized and expressly consented to by such user, and that no such authorization or consent had been or has been revoked in any manner.

For users who choose to opt out of receiving text messages, all such users agree to follow the opt-out instructions listed in each message they receive, and all users understand and acknowledge that, although the Operator makes reasonable attempts to follow all requests, if such users deviate from the Operator's opt out instructions, the users' opt out request may not be honored and the user agrees that Operator cannot be held liable in any way for text messages sent after a user deviates from the specific opt out instructions.

If you are not authorized to use this Portal, you must terminate your use of this Portal immediately.

You also agree and acknowledge that from time to time the Portal 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 Portal, 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 Portal, 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 Portal, or use or access the Portal in any manner that is inconsistent with these Terms.

 

Privacy Policy

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 Portal 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"), or otherwise may constitute Personally Identifiable Information ("PII", and collectively with PHI, the "Information") protected by the Privacy Laws. All users of the Portal 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. You may obtain a copy of our Privacy Policy by accessing the Privacy Policy link on this Portal. You are responsible for maintaining the confidentiality of all information accessed through the Portal and for restricting access to your computer, and are fully responsible for all activities that occur under your 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 this site 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 Portal is not intended for use by anyone under the age of 18.  

 

Disclaimer of Warranties and Limitation of Liability

This Portal 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 Portal or information, consent, or data included on or provided through the Portal. You expressly agree that your use of the Portal 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 Portal, its servers, or e-mail 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 Portal, 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 Portal. This also applies to the downloading of any objects from the Portal.

 

Termination

You agree that the Operator, in its sole discretion, may terminate your access to the Portal or use of the Portal for any reason, including, without limitation, if the Operator believes that you have violated or acted inconsistently with the letter or spirit of the Terms. You agree that any termination of your access to the Portal under any provision of these Terms may be affected without prior notice, and acknowledge and agree that the Operator may bar any further access to your account or the Portal. Further, you agree that the Operator shall not be liable to you or any third-party for any termination of your access to the Portal.

 

Indemnification

You agree to indemnify and hold the Operator, all medical providers whose information is provided in this Portal, 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 Portal on your behalf.

 

Right to Change the Terms and Conditions

The Terms may be updated by the Operator from time to time without notice to you. Any changes to the Terms will be effective immediately upon posting of the changed 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.

 

General Terms

The Terms constitute the entire agreement between you and the Operator and governs your use of the Portal. The Terms and the relationship between you and the Operator shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. The failure of the Operator to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of the Operator or any third party.

 

Terms Related to SMS Text Messaging

We are committed to providing patients relevant and important healthcare information in many efficient ways, including SMS text messaging. You acknowledge that by providing your phone number to your healthcare provider, which then provides your phone number to the Operator, you have provided the Operator express consent to send SMS text messages regarding the healthcare services you received, which is consistent with all federal laws and corresponding regulations. The Operator's SMS text messages do not contain marketing, and the Operator does not send SMS text messages in an attempt to collect debts. The Operator is not a debt collector. The Operator also does not sell products or services to consumers.

The Operator's SMS messages are informational and serve as an extension of the healthcare transaction between you and your healthcare provider. The Operator's SMS text messages contain information related to appointment reminders, vaccine status, lab testing and scheduling, and patient billing for healthcare services received.

Message and data rates may apply. Text "HELP" for help and text "STOP" to cancel anytime. When you text "STOP," the Operator will send you a reply message to confirm that you have opted out. Carriers are not liable for delayed or undelivered messages.   

If you want to join again, visit the Portal and access your account to reset your preferences.

For any additional questions about the services provided via text messages, please contact the Operator call center team at 866-435-0994.

Should you have any questions regarding privacy, please read the Operator Privacy Policy that can be accessed via the Privacy Policy link on this Portal.

 

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.

 

Applicable only to New Jersey Residents

In accordance with N.J.S.A. 56:11-56 et seq., and except for any debts incurred as a result of a cosmetic medical procedure, the health care provider or other party owed any medical debt that may have been identified on the portal or on a physical medical bill mailed to you has not reported the medical debt to a consumer reporting agency, and if such person or entity reports the medical debt or any portion of it to a consumer reporting agency, the portion reported is void.

 

Terms of Payment Plans

  1. The Operator has been asked by your health care provider to assist in coordinating and implementing a reasonable payment plan between the person or entity paying the bill (the "Guarantor") and your health care provider. The length of the payment plan and payment amount are determined by the choices made by the Guarantor at MyDocBill.com. By entering into the payment plan, the Guarantor agrees that the duration and monthly payment amount are reasonable relative to the Guarantor's financial capacity. If the duration or payment amount is not reasonable for the Guarantor, the Guarantor should contact us at 844-905-9001.

  2. If the payment plan is no longer reasonable for the Guarantor (for example, the Guarantor has a significant change in circumstances), the duration and payment amount may be adjusted. In such event the Guarantor should contact us at 844-905-9001 to discuss the terms of such payment plan.

  3. No interest shall be charged on any amounts due so long as the Guarantor is in compliance with the Terms.

  4. A grace period of 60 days shall apply for all late payments.

  5. For New Jersey residents, by consenting to these Terms, the Guarantor agrees that such consent constitutes a written agreement between the parties as required by New Jersey law (N.J.S.A. 56:11-56 et seq.).

  6. The length of the payment plan and the monthly payment amounts are determined by the choices made by the Guarantor at MyDocBill.com, and are incorporated into the written agreement between you and your health care provider. After agreeing to a payment plan, MyDocBill.com will provide you with a receipt that memorializes the agreed upon terms.

  7. Failure to comply with the terms of an agreed upon payment plan may result in the medical debt being sent to a collection agent, collection agency, or another third party (a "Collection Agency"), which may take certain actions to collect debts owed. Upon transferring the debt to a Collection Agency, any agreement regarding a reasonable payment plan to pay your debt to your health care provider shall immediately terminate and the Terms shall no longer apply.

 

Effective Date

The effective date of the Terms is June 27, 2022.