Terms and Conditions

Terms and conditions
These terms andconditions ("Terms","Agreement") are an agreement between TotalCare PT Billing, LLC ("Total Care PT Billing, LLC", "us","we" or "our") and you ("User", "you"or "your"). This Agreement sets forth the general terms andconditions of your use of the www.totalcareptbilling.com website andany of its products or services (collectively, "Website"or"Services"). 

Accounts and membership
You must be at least 13years of age to use this Website. By using this Website and by agreeing to thisAgreement you warrant and represent that you are at least 13 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities thatoccur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify usof any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages ofany kind incurred as a result of such acts or omissions. We may suspend, disable,or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content wouldt end to damage our reputation and goodwill. If we delete your account for theforegoing reasons, you may not re-register for our Services. We may block youremail address and Internet protocol address to prevent further registration. 

User content
We do not own any data,information or material ("Content") that you submit on the Website inthe course of using the Service. You shall have sole responsibility for theaccuracy, quality, integrity, legality, reliability, appropriateness, andintellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content on the Websitesubmitted or created using our Services by you. You grant us permission toaccess, copy, distribute, store, transmit, reformat, display and perform theContent of your user account solely as required for the purpose of providingthe Services to you. Without limiting any of those representations orwarranties, we have the right, though not the obligation, to, in our own solediscretion, refuse or remove any Content that, in our reasonable opinion,violates any of our policies or is in any way harmful or objectionable. Youalso grant us the license to use, reproduce, adapt, modify, publish ordistribute the Content created by you or stored in your user account forcommercial, marketing or any similar purpose. 

Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing termsin effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with acopy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in oursole discretion, limit or cancel quantities purchased per person, per house hold or per order. These restrictions may include orders placed by or under the samecustomer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order,we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 

Accuracy of information
Occasionally there may beinformation on the Website that contains typographical errors, inaccuracies oromissions that may relate to product descriptions, pricing, availability,promotions and offers. We reserve the right to correct any errors, inaccuraciesor omissions, and to change or update information or cancel orders if anyinformation on the Website or on any related Service is inaccurate at any timewithout prior notice (including after you have submitted your order). Weundertake no obligation to update, amend or clarify information on the Websiteincluding, without limitation, pricing information, except as required by law.No specified update or refresh date applied on the Website should be taken toindicate that all information on the Website or on any related Service has beenmodified or updated. 

Third party services
If you decide to enable,access or use third party services, be advised that your access and use of suchother services are governed solely by the terms and conditions of such otherservices, and we do not endorse, are not responsible or liable for, and make norepresentations as to any aspect of such other services, including, withoutlimitation, their content or the manner in which they handle data (includingyour data) or any interaction between you and the provider of such otherservices. You irrevocably waive any claim against Total Care PT Billing, LLCwith respect to such other services. Total Care PT Billing, LLC is not liablefor any damage or loss caused or alleged to be caused by or in connection withyour enablement, access or use of any such other services, or your reliance onthe privacy practices, data security processes or other policies of such otherservices. You may be required to register for or log into such other serviceson their respective websites. By enabling any other services, you are expresslypermitting Total Care PT Billing, LLC to disclose your data as necessary tofacilitate the use or enablement of such other service. 

Backups
We perform regular backups of the Website and Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsiblefor maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do notfunction properly. We will do our best to ensure complete and accurate backups,but assume no responsibility for this duty.

Advertisements
During use of theWebsite, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website.Any such activity, and any terms, conditions, warranties or representationsassociated with such activity, is solely between you and the applicable thirdparty. We shall have no liability, obligation or responsibility for any suchcorrespondence, purchase or promotion between you and any such third party. 

Links to other websites
Although this Website maylink to other websites, we are not, directly or indirectly, implying anyapproval, association, sponsorship, endorsement, or affiliation with any linkedwebsite, unless specifically stated herein. Some of the links on the Websitemay be "affiliate links". This means if you click on the link andpurchase an item, Total Care PT Billing, LLC will receive an affiliatecommission. We are not responsible for examining or evaluating, and we do not warrantthe offerings of, any businesses or individuals or the content of theirwebsites. We do not assume any responsibility or liability for the actions,products, services, and content of any other third parties. You shouldcarefully review the legal statements and other conditions of use of anywebsite which you access through a link from this Website. Your linking to anyother off-site websites is at your own risk. 

Prohibited uses
In addition to otherterms as set forth in the Agreement, you are prohibited from using the Websiteor its Content: (a) for any unlawful purpose; (b) to solicit others to performor participate in any unlawful acts;(c) to violate any international, federal, provincialor state regulations, rules, laws, or local ordinances; (d) to infringe upon orviolate our intellectual property rights or the intellectual property rights ofothers; (e)to harass, abuse, insult, harm, defame, slander, disparage,intimidate, or discriminate based on gender, sexual orientation, religion,ethnicity, race, age, national origin, or disability; (f) to submit false ormisleading information; (g) to upload or transmit viruses or any other type ofmalicious code that will or may be used in any way that will affect thefunctionality or operation of the Service or of any related website, otherwebsites, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl,or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumventthe security features of the Service or any related website, other websites, orthe Internet. We reserve the right to terminate your use of the Service or any relatedwebsite for violating any of the prohibited uses. 

Intellectual property rights
"IntellectualProperty Rights" means all present and future rights conferred by statute,common law or equity in or in relation to any copyright and related rights,trademarks, designs, patents, inventions, goodwill and the right to sue forpassing off, rights to inventions, rights to use, and all other intellectualproperty rights, in each case whether registered or unregistered and includingall applications and rights to apply for and be granted, rights to claimpriority from, such rights and all similar or equivalent rights or forms ofprotection and any other results of intellectual activity which subsist or willsubsist now or in the future in any part of the world. This Agreement does nottransfer to you any intellectual property owned by Total Care PT Billing, LLCor third parties, and all rights, titles, and interests in and to such propertywill remain (as between the parties) solely with Total Care PT Billing, LLC.All trademarks, service marks, graphics and logos used in connection with theWebsite or Services, are trademarks or registered trademarks of Total Care PTBilling, LLC or Total Care PT Billing, LLC licensors. Other trademarks, servicemarks, graphics and logos used in connection with the Website or Services maybe the trademarks of other third parties. Your use of the Website and Servicesgrants you no right or license to reproduce or otherwise use any Total Care PTBilling, LLC or third party trademarks. 

Disclaimer of warranty
You agree that suchService is provided on an "as is" and "as available" basisand that your use of our Website or Services is solely at your own risk. Weexpressly disclaim all warranties of any kind, whether express or implied,including but not limited to the implied warranties of merchantability, fitnessfor a particular purpose and non-infringement. We make no warranty that theServices will meet your requirements, or that the Service will beuninterrupted, timely, secure, or error-free; nor do we make any warranty as tothe results that may be obtained from the use of the Service or as to theaccuracy or reliability of any information obtained through the Service or thatdefects in the Service will be corrected. You understand and agree that anymaterial and/or data downloaded or otherwise obtained through the use ofService is done at your own discretion and risk and that you will be solelyresponsible for any damage or loss of data that results from the download ofsuch material and/or data. We make no warranty regarding any goods or servicespurchased or obtained through the Service or any transactions entered intothrough the Service. No advice or information, whether oral or written,obtained by you from us or through the Service shall create any warranty notexpressly made herein. 

Limitation of liability
To the fullest extent permitted by applicable law, in no event will Total Care PT Billing, LLC, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits,revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity)however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or other wise,even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Total Care PT Billing, LLC and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Total Care PT Billing, LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does notfully compensate you for any losses or fails of its essential purpose. 

Indemnification
You agree to indemnify and hold Total Care PT Billing, LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to the Content, your use of the Website or Services or any willful misconduct on your part.

Severability
All rights and restrictions contained in this Agreement maybe exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full forceand effect. 

Dispute resolution
The formation,interpretation, and performance of this Agreement and any disputes arising outof it shall be governed by the substantive and procedural laws of Arkansas,United States without regard to its rules on conflicts or choice of law and, tothe extent applicable, the laws of United States. The exclusive jurisdiction andvenue for actions related to the subject matter hereof shall be the courtslocated in Arkansas, United States, and you hereby submit to the personaljurisdiction of such courts. You hereby waive any right to a jury trial in anyproceeding arising out of or related to this Agreement. The United NationsConvention on Contracts for the International Sale of Goods does not apply tothis Agreement. 

Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or aspart of a merger. 

Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on theWebsite. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes. 

Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services. Contacting usIf you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to chritian@totalcareptbilling.com