These Terms of Service (these “Terms of Service”) sets forth between you and Bill Dog. These Terms of Service include the terms and conditions set forth below, and any policies, guidelines, and amendments that may be incorporated by reference into these Terms of Service from time to time (collectively with these Terms of Service, the “Agreement”).
2. Acceptance of Terms.
By accessing or using any Services, the mobile application, or this website, you agree that the Agreement, without modification, governs the Services (as defined below) and your use of this website. Continuing to use the Bill Dog website following the posting of any changes to these Terms of Service will also indicate that you accept those changes.
Bill Dog was created as a resource to help healthcare consumers understand their medical bills, have comfort in knowing their healthcare charges have been verified, and save money on them.
All information is offered for general informational purposes only. BILLDOG DOES NOT OFFER MEDICAL OR CLINICAL ADVICE OR OPINIONS, NOR DOES BILLDOG OFFER FINANCIAL ASSISTANCE OF ANY KIND TO PATIENTS WHO HAVE INCURRED MEDICAL DEBT OR FOR ANY OTHER PURPOSE.
4. Your Personal Health Information.
You should always use caution when giving out personally identifying information (“PHI”) about yourself or your family members in any communication to us or through our website or mobile applications. When you activate you employer account or sign up for an account with Bill Dog and upload your documents (such as provider bill, explanation of benefits or insurance card), you will be asked to sign a release of information form for yourself or on behalf of your dependents that allows us to view your personal health information. If you create an account for someone else who is over the age of 18 (such as your partner, spouse, college age children or parent) then we will request authorization from that person to view their personal health information. We will only view the personal health information that you upload, and we will only act on those documents you upload and which of our Service you opt into or elect to receive. The authorization to view your personal health information (limited by the contents of the documents you share with us and the provider and health plans represented on these documents) will remain in effect for one year from the date of signature.
5. Your Obligations.
(a) Applicable laws.
You are solely responsible for complying with all applicable international, national, state, regional and local laws and regulations applicable to you.
In connection with the Services or the use of this website, you agree that you will not: (i) upload, post or otherwise transmit through or to this website any content that is (a) unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable, (b) might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others, (c) contains any viruses, trojan horses, time bombs, or any other harmful programs or elements; (ii) disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks; (iii) provide false information about you to Bill Dog; (iv) impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication; (v) transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages; (vi) collect information about other visitors to Bill Dog’s website without Bill Dog’s consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses; (vii) sell access to or the use of this website, including any content contained on, downloaded or accessed from this website; or (viii) redistribute any content, including financial, legal or other data, provided by Bill Dog in any manner whatsoever, including by means of printed publication, fax broadcast, Web pages, e-mail, Web newsgroups or forums, or any other electronic or paper-based service or method. You will not provide any content that attempts to solicit or other users for commercial purposes. You grant us the right to screen and/or remove any content that is submitted to our website.
Bill Dog reserves the right, in its sole discretion, to terminate the Services or your access to Bill Dog's mobile application, website, or any portion thereof, at any time and for any reason without notice.
7. Account Access Password.
(a) If you receive a user identification name or password from Bill Dog to access Bill Dog's database or use Services, you will: (i) keep the user identification name and password confidential; (ii) not allow any other entity or person to use the user identification name or password or gain access to Bill Dog database or services; (iii) be liable for all action taken by any user of the user identification name or password; and (iv) promptly notify Bill Dog if you believe the user identification name or password have been used inappropriately or the confidentiality of the information made available through such use has been compromised.
(b) You agree that any loss incurred by you or Bill Dog as a result of any party gaining access to your account or Bill Dog's website using information which that party was not authorized to obtain or using such information in a manner not permitted by this Agreement (including but not limited to improper or unauthorized use of your user ID and password) shall be your responsibility.
8. Disclaimers and Limitation of Liability.
(a) You understand and acknowledge that Bill Dog only provides informational and administrative services related to issues about health insurance coverage. We do not provide medical or diagnostic services, nor do we recommend treatment or healthcare advice, nor does Bill Dog provide legal services or advice. Information provided by Bill Dog is not intended, nor implied to substitute for professional medical advice. You should always seek the advice of your physician or other qualified healthcare professional prior to making any treatment decisions. You should always seek the advice of your attorney or other qualified legal advisor prior to making legal decisions.
(b) Our services are designed to help make you more knowledgeable and pro-active with respect to your health costs including your health insurance and invoices provided directly by your provider. We want to help you understand your health insurance and health related costs so that you can minimize unforeseen expenses and maximize insurance benefits to which you are entitled. However, we do not provide health insurance coverage or medical advice. Most health insurance policies require financial responsibility on the part of the policy holder beyond the policy premiums, e.g. co-pays, co-insurance, deductibles and non-covered services. Generally, health insurance companies will not confirm coverage or payment on any services until they have fully processed the claim. For this reason, we cannot guarantee coverage or your financial exposure for any health care or health care related services.
(c) WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BILL DOG WEBSITE OR MOBILE APPLICATION FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTY WHATSOEVER. BILL DOG DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, TO YOU AS TO ANY MATTER WHATSOEVER, INCLUDING ALL IMPLIED WARRANTIES OF PRACTICEABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BILL DOG FURTHER DISCLAIMS ANY WARRANTY INSURING THAT THE SERVICES WILL (I) BE SECURE, UNINTERRUPTED, TIMELY, OR FREE FROM DEFECTS, ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS OR OTHER LOSSES, (II) BE COMPATIBLE OR OPERATE IN COMBINATION WITH ANY OF YOUR SPECIFIC HARDWARE, SOFTWARE SYSTEMS, OR DATA, AND (III) FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BILL DOG OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF BILL DOG’S OBLIGATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BILL DOG AND/OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES OR THE USE OF THE BILL DOG WEBSITE OR OTHER DIGITAL PROPERTIES, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHER CAUSE OF ACTION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL BILL DOG’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE AGREEMENT, SERVICES OR WEBSITE EXCEED ONE THOUSAND ($1,000.00) DOLLARS, REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE.
You agree to indemnify, defend, and hold harmless Bill Dog, its employees, officers, directors, managers, members, shareholders, and agents from and against any loss, liability, damage, penalty or expense (including attorneys’ fees, expert witness fees and cost of defense) that each may suffer or incur as a result of claims arising from any breach by you or any of your agents or affiliates of the terms of the Agreement, including, without limitation, any failure to comply with your obligations set forth in the Agreement, or any claims made by healthcare providers or health plans.
The Agreement is governed by the laws of the State of Pennsylvania. You hereby consent to the exclusive jurisdiction and venue of courts in XXXX County, PA, U.S.A. in all disputes arising out of or relating to the use of the Bill Dog website, mobile application, and service. Use of this website in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation, this paragraph, is unauthorized. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bill Dog as a result of the Agreement or the use of this website. Bill Dog’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement will prohibit Bill Dog’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by Bill Dog with respect to such use. If any part of the Agreement is held invalid or unenforceable pursuant to applicable law, 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 full force and effect.
11. Dispute Resolution.
Bill Dog and you each acknowledge and agree that any controversy, disagreement, dispute or claim arising out of or relating to the Services or the Agreement, or any breach in connection therewith or herewith (each, a “Dispute”), will be settled by following the procedures set forth below:
(a) Bill Dog, on the one hand, and you, on the other hand, agree first to contact the other to advise of any such Dispute. The party alleging, asserting and/or initiating the Dispute shall contact the other party or parties who is or are alleged to be liable or responsible for such Dispute, and provide a written description of the Dispute, all relevant documents/information and the proposed resolution (the “Claim Notice”). You agree to contact BILL DOG as contemplated above by calling or writing to: Bill Dog, Address + telephone number.
(b) You and the Bill Navigator for Bill Dog shall then seek in good faith to resolve the Dispute. As part of this process, each party to the Dispute shall provide a monetary amount that, if paid to the party alleging, asserting and/or initiating the Dispute, would settle the Dispute (the “Settlement Amount”). If the parties do not agree to a Settlement Amount, or the parties are otherwise unable to settle the Dispute within thirty (30) days of the date of delivery of the Claim Notice, then the parties shall proceed to arbitration, as set forth below.
(c) IN THE ABSENCE OF RESOLVING THE DISPUTE, AND INSTEAD OF SUING IN COURT, BILL DOG AND YOU EACH AGREE TO SETTLE AND RESOLVE FULLY AND FINALLY ALL DISPUTES EXCLUSIVELY BY ARBITRATION, EXCEPT IN THE FOLLOWING LIMITED CIRCUMSTANCES: (I) BILL DOG OR YOU MAY COMMENCE AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT WHERE THE AMOUNT OF THE DISPUTE DOES NOT EXCEED THE JURISDICTIONAL LIMIT OF SUCH COURT; AND (II) YOU MAY FILE A DISPUTE WITH ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY THAT CAN, IF THE LAW SO AUTHORIZES, SEEK RELIEF AGAINST BILL DOG ON BEHALF OF YOU. THIS AGREEMENT TO HAVE DISPUTES RESOLVED BY ARBITRATION IS MADE WITH THE UNDERSTANDING THAT EACH PARTY IS IRREVOCABLY, KNOWINGLY AND INTELLIGENTLY WAIVING AND RELEASING ITS RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE DISPUTES. Without limitation, Bill Dog and you agree that Disputes, as defined above, shall include the following matters: (a) any Dispute by any party against any agent, employee, successor, or assign of the other party or parties, including to the full extent permitted by applicable law, third parties who are not parties to the Agreement, whether related to the Services or otherwise; (b) any past, present, and future Dispute; and (c) any Dispute as to the scope, validity or applicability of this Dispute Resolution provision, and/or the arbitrability of any Dispute; and (d) any Dispute against Bill Dog, or any other party as stated above, related in any way to the Services, including, but not limited to, the characterization of the transactions referenced in the Agreement, privacy, solicitation, or advertising, even if it arises after the Services have terminated.
(d) The foregoing arbitration shall be administered by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules in effect when a Claim Notice is duly provided. If any AAA procedure or rule conflicts with the terms of the Agreement, the the Agreement will apply.
(e) The arbitration shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. Sections 1-16. Any award by the arbitrator may be entered as a judgment in any court having jurisdiction. Any arbitrator’s decision and award is final and binding, subject only to those exceptions under the FAA. Bill Dog and you agree the FAA’s provisions, not state law, govern all questions of whether a Dispute is subject to arbitration.
(f) Unless Bill Dog and you agree otherwise, the foregoing arbitration will be conducted by a single neutral arbitrator selected by utilizing the process provided in the AAA’s Commercial Arbitration Rules in effect when Claim Notice is duly filed. The arbitrator shall be a licensed attorney and/or retired judge. Except as otherwise provided below, the arbitration shall be conducted in the county where the principal address of the party against whom the Dispute is initially commenced is located – and for any claim against Bill Dog, that address shall be Bill Dog, address + phone number. The arbitrator shall have no authority to award punitive, consequential or other monetary damages not measured by the prevailing party’s actual damages, except as may be required by statute or as otherwise provided below.
(g) For Disputes of $10,000.00 or less that are initiated by you (“Small Disputes”), the following rules shall apply notwithstanding anything to the contrary in the procedures or rules of the AAA:
(1) The arbitration shall be conducted in accordance with the AAA’s Expedited Procedures.
(2) The arbitrator shall include a finding as to whether the initiation of such Dispute was frivolous. If it is determined by the arbitrator not to be frivolous, then Bill Dog shall pay the fees and costs assessed by the AAA in administering the arbitration.
(3) If the arbitrator finds that Bill Dog is liable to you for an amount greater than the Settlement Amount presented by Bill Dog prior to the commencement of arbitration (after all offsets and counterclaims are applied), then Bill Dog shall be required to pay in addition to any award of the arbitrator an amount equal to the greater of (x) $500.00, or (y) the amount of your reasonable attorneys’ fees.
(4) You may choose to conduct the arbitration in the state of its principal address.
(i) BILL DOG AND YOU EACH AGREE NOT TO PURSUE ARBITRATION ON A CLASS-WIDE BASIS. ARBITRATION WILL BE CONDUCTED SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Notwithstanding anything to the contrary in the Agreement, all sections of the Agreement that by their nature should survive termination or expiration will survive, including, without limitation, accrued rights to payment, indemnification obligations, warranty disclaimers, and limitations of liability.
13. Notices; Consent to Electronic Communications.
By applying for the Services and confirming that you have read this Agreement, you are confirming to Bill Dog that you have the means to access the Internet through its own service provider and download or print electronic communications. You agree to the receipt of electronic communications by email or by the posting of such information by Bill Dog at one or more of Bill Dog's sponsored websites, such as www.billdog.com. Such communications may pertain to the services delivered by Bill Dog, the use of information you may submit to Bill Dog, changes in laws impacting the Services or other reasons, such as amendment of this Agreement. In addition, all notices and other communications required or permitted under this Agreement by Bill Dog to you may also be delivered by Bill Dog to you either by FAX, overnight carrier or first class mail, postage or other charges prepaid, addressed and transmitted as set forth below. All notices and other communications required or permitted under this Agreement by you to Bill Dog shall be delivered by you to Bill Dog by overnight carrier or certified mail, postage or other charges prepaid, addressed and transmitted as set forth below. Notice by FAX or e-mail shall be deemed delivered when transmitted. Notice by mail or overnight carrier shall be deemed delivered on the first (1st) business day after mailing or delivery to the carrier. Following are the addresses for the purposes of notices and other communications hereunder, which may be changed by written notice in accordance with this section:
(a) If to Bill Dog, addressed and transmitted as follows:
Bill Dog Address
(b) If to you, at the address provided as the billing address, or the FAX number or e-mail address and to the contact listed on the Authorization.
14. Electronic Signature.
You may become a party to, and become bound by, the Agreement by completing the Authorization and accepting it electronically over the Internet. This is done by clicking or entering “I Agree”, by providing an electronic form of signature or otherwise by affirmatively indicating acceptance or consent where requested on an electronic version of the Authorization (any such method constituting an “Electronic Consent”). By providing such Electronic Consent, you acknowledge that you have received and reviewed all applicable pages, terms and conditions of the Agreement, and you represent, warrant, consent and agree as follows:
(a) The electronic agreement process allows you to sign and agree to legally binding agreements online by providing its Electronic Consent;
(b) You intend to use the electronic agreement process to provide your Electronic Consent;
(c) Your Electronic Consent is legally binding, and is governed by the Electronic Signatures in Global and National Commerce Act of 2000, and/or the Uniform Electronic Transactions Act governances (or an amended version thereof) in its state of residence, and you agree to be bound by these governances;
(d) The individual providing Electronic Consent on your behalf is authorized to do so and is at least 18 years old; and
(e) The Electronic Consent will be binding upon you, and will not be construed by a court of law to have any less effect than a standard ink or paper signature.