Introduction The following terms and conditions (the “Terms”) govern all use of the PaperlessPCS.com website (the “Website”), including mobile and wireless applications, and any online services (the “Services”) offered through the Website that are owned or operated by Paperless PCS, LLC (hereinafter “PPCS”). By using the Website or Services, or acknowledging acceptance of these Terms through an acknowledgment action (e.g. clicking “agree” or “accept”) you are accepting these Terms and agreeing to comply with all other rules and policies that may be published on the Website. These Terms may be modified at any time without prior notification, and updated Terms will be posted on the website. Any new features, products, services, tools, and/or resources added to the Services in the future will be governed by these Terms. If you do not agree to these Terms, you may not use the Website or the Services.
Registration You must register or register on behalf of others in your business as a “Registered User” in order to access the Services. You agree that all information provided to PPCS during registration is complete and accurate. You may not create a “User account” for anyone but yourself unless authorized in writing by PPCS. You may agree to these Terms on behalf of other employees of your business to the extent you either own or legally represent that business.
Usage restrictions You will not reproduce or reverse engineer any part of the Website or Services, unless you have been given specific permission to do so in a separate agreement with PPCS. You agree that you will not authorize or permit any automated searching of the site by “crawlers” or the like, or engage in the “scraping” of any data from the site, or otherwise access the site except for your own personal use (or if you are an authorized business user, for or on behalf of your business). You will not access or attempt to access any part of the Website or Services by any means (automated or otherwise) other than through those made available by PPCS (and pursuant to these Terms). You will not engage in any activity that interferes with or disrupts access to the Website or access to the Services to any user or network. You agree to use the Services in accordance with these Terms and any applicable laws and regulations. You further accept sole responsibility (and on behalf of any business you represent) for any breach of these Terms, and any consequences that may arise as a result.
Password and security You will be asked to designate a password at the time of registration. This password may only be used by you. It is your responsibility to maintain security of your account by protecting this password. By using the Services you agree that only you will use this password. You accept sole responsibility for any activity that occurs under your account.
Linked Websites and Non-Affiliated Services PPCS has no control over third party websites and the services offered by those websites and does not endorse or acknowledge responsibility for or liability for content, products, or other materials available on such third party websites. By accepting these terms you acknowledge and accept sole responsibility and liability for any loss or damage incurred through use of third party websites which may be referenced or linked to through this Website.
Limited License from PPCS PPCS grants you and your authorized users for your business a nonexclusive, nontransferable, limited right to access and use the Website and the Services, and materials that may be made available to you for such use. These rights are granted only to each authorized User after registration.
Proprietary Rights You acknowledge and agree that all right, title, and interest in and to the Website and the Services are owned exclusively by PPCS. PPCS owns all intellectual property rights to the content of the Website and the Services. Nothing in these Terms gives you a right to use any of PPCS’s trade names, trademarks, logos, domain names, know how, ideas, content, expression or and distinctive brand features.
Fees and payment PPCS offers services on a fee for service basis. Account holders agree to render any and all outstanding payments to PPCS promptly. Accounts which are in excess of 30 days past due are subject to suspension and/or termination of their accounts.
Termination Your account may be terminated with or without cause, with or without prior notice, at any time, at the sole discretion of PPCS. If you wish to terminate this agreement at any time, you may deactivate your account, or simply stop using the Website and/or the Service.
Disclaimer of Warranties PPCS provides the Information on the Website and the Services “as is”. You understand that your use of the Services is at your own risk. PPCS disclaims all warranties express or implied, including but not limited to, merchantability, fitness for a particular purpose, and non-infringement. PPCS further disclaims all warranties that the Website or the Services will be available, accessible, secure, reliable, or error free. You understand that you access and use the Website or the Services is at your sole discretion and risk.
Limitation of Liability Under no circumstances will PPCS, nor its suppliers or licensors be liable for any direct, indirect, incidental, special consequential, punitive or exemplary damages which may be incurred by you (regardless of cause, and under any theory of liability), including without limitation: loss of profit, loss of data, loss of goodwill, loss of business, or other intangible loss resulting from your use of or inability to access the Website or the Services. In no event shall you be entitled to seek injunctive or equitable relief against PPCS or its licensees for any reason. The limitations listed above will apply regardless of whether or not PPCS has been made aware, explicitly or implicitly, of the possibility of any such loss or damage arising. PPCS’s entire liability to you, regardless of cause, will be limited to the aggregate amount paid by you to PPCS in during the course of twelve (12) months prior to the issue or event giving rise to the purported liability. Some jurisdictions do not allow the exclusion of warranties or implied warranties or the limitation or exclusion of liabilities for incidental or consequential damages. If you reside in such a jurisdiction, the limitations and exclusions listed above may or may not apply to you.
Indemnity You agree to indemnify and hold harmless PPCS, as well as its suppliers and licensors, and their respective officers, employees, agents, and directors from and against any and all claims and expenses, including reasonable
attorneys’ fees, resulting from your use of the Website or the Services, including but not limited to your violation of these Terms.
Business Associate Agreement You agree also to be bound by the terms of the attached business associate agreement (the “Business Associate Agreement” or “BAA”). Due to the nature of the Services, “protected health information” as that term is defined by the Health Insurance Portability and Accountability Act (“HIPAA”) may be transmitted and stored electronically. Hence, the attached BAA is required by law and applicable to your activities using the Service. By agreeing to the Terms of this agreement, you are also agreeing to be bound by the terms and conditions of the BAA. PLEASE READ AND SCRUTINIZE THE ATTACHED BAA AS YOU ARE AGREEING TO THE TERMS OF THAT AGREEMENT AS WELL.
Miscellaneous Legal Terms You agree to use the Services in strict accordance with applicable law, with these Terms. In the event that any part or provision of these Terms is ruled to be invalid, then that part of the Terms will be removed, while the remaining provisions will remain intact, valid, and enforceable. Failure or inability by PPCS to enforce any part or provision of these terms shall not be taken as a waiver of those rights, and those rights and provisions will remain available to PPCS. Your use of the Website or the Services and agreement with these Terms will be governed by the laws of the State of Alabama, U.S.A, with the exception of its conflict of laws provisions. By agreeing to these terms you agree to submit to the jurisdiction of and business in the courts located in Jefferson County, Alabama, should any legal disputes arise. These Terms constitute the entire legal agreement between you and PPCS (excluding any services including without limitation that PPCS furnishes under a separate, written agreement in addition to or in place of these Terms). These Terms completely replace and supersede any prior agreement between you and PPCS regarding access to the Website or use of the Services.