TERMS OF SERVICE AGREEMENT
These Terms of Service (hereinafter, “Terms”) are made by and between Salud Revenue Partners, LLC., a limited liability company organized under the laws of the state of Indiana doing business online as SaludEquityPay.com, hereinafter referred to as “Salud,” and you, with respect to our patient payment application (“App”) and any other websites or mobile applications that link these Terms. SaludEquityPay.com may include branding or identification related to your healthcare provider. This branding is for convenience and recognition purposes only. Salud Revenue Partners, LLC provides the Services and is the party to these Terms—not your healthcare provider. By creating an account and indicating your acceptance of these Terms, or by otherwise indicating your acceptance (which may include checking a box or clicking a button associated with these Terms), you affirm that you are the legal age of majority in the jurisdiction in which you reside, and that you agree to and accept these Terms. Salud provides payment technology and payment processing support on behalf of participating healthcare providers and does not own or control the underlying patient balance, billing terms, or medical charges.
All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all pages and screens in and on the App and any services provided by or on this App (“Services”).
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE APP. YOUR USE OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN.
Article 1. DEFINITIONS:
1. The parties referred to in this Agreement shall be defined as follows:
(a) Salud, us, we: Salud Revenue Partners, as the creator, operator, and publisher of the App is responsible for providing the Services publicly. Salud, SaludEquityPay.com, us, we, our, ours and other first-person pronouns will refer to Salud, as well as, if applicable, all employees and affiliates of Salud.
(b) You, the user, the participant: You, as the participant and user of the App, and Services, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user.
(c) Parties: Collectively, the parties to this Agreement (Salud and you) will be referred to as Parties.
(d) Provider(s): Any health plan, physician, health care professional, hospital, clinic, laboratory, pharmacy, medical facility, or other
health care provider will be referred to as Provider(s).
(e) “Biller” means the applicable Provider or other entity authorized by the Provider to bill for healthcare services.
(f) “Payment Processor” means the third-party service provider(s) used to process card or ACH payments through the App.
(g) “Payment Option” means any provider-defined arrangement that allows an eligible balance to be paid over time under the Provider’s billing policies.
(h) “Electronic Records” means disclosures, notices, authorizations, confirmations, terms, and other records provided electronically through the App, by email, or by text message where permitted.
Article 2. ASSENT & ACCEPTANCE:
By using the App or Services, you agree to these Terms, as they may be updated from time to time. Continued use of the App after updated Terms are posted constitutes acceptance of the revised Terms, subject to any additional notice required by law.
Article 3. PRIVACY:
You consent to the collection and use of your information as set forth in the Privacy Policy. The Privacy Policy is incorporated into and made part of these Terms by this reference and governs our use and disclosure of information you submit or make available to us in connection with the Services. We may disclose information to law enforcement authorities in accordance with applicable laws, court orders, or valid legal requests.
Article 4. PROTECTED HEALTH INFORMATION:
You hereby authorize the receipt, use, and disclosure of your Protected Health Information, as defined in 45 CFR 160.103 (“PHI”), from any Provider that has provided payment, treatment, or services to you or on your behalf, by Salud in accordance with these Terms and our Privacy Policy and in compliance with the Health Insurance Portability and Accountability Act (HIPAA). In the event our relationship terminates with one or more Providers that you have a relationship with and which provides information to us relating to you, you authorize us to maintain such information on your behalf. You understand that the purpose of Salud’s use and disclosure of your health information is solely to provide you with the Services described in the Terms and Privacy Policy. You understand that your PHI may contain sensitive information. Unless you expressly revoke it, your authorization shall remain in effect for so long as you use our Services and for a period of six (6) months thereafter; provided, however, that we may retain your information after such date for so long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws. When your information is no longer needed or legally required, it will be permanently deleted or de-identified so that it can no longer be associated with you. You may revoke your authorization at any time by contacting us in writing, except to the extent we have already relied on it.
Article 5. PAYMENTS.
Each time you initiate a payment transaction through the App, you authorize your Provider, through Salud’s payment processing services and any applicable third-party Payment Processor or payment services provider, to charge your selected credit card, debit card, bank account, or other permitted payment method for the amount you approve on or after the scheduled date you select. By submitting a payment, you expressly authorize the applicable electronic charge or transfer.
For a one-time payment, your authorization applies only to that payment. For recurring or scheduled payments, your authorization applies to the payment schedule you approve and remains in effect until the scheduled payments are completed or until you revoke authorization for future payments in accordance with these Terms, your Provider’s policies, and any applicable processing deadlines.
You may cancel or modify a scheduled payment only if cancellation or modification is permitted by your Provider’s policies and requested sufficiently in advance of the scheduled processing date. Once a payment has been submitted for processing, is in process, or has been completed, it may no longer be canceled or modified through the App.
If you choose to pay by ACH, eCheck, or other bank account transfer, you authorize your Provider, through Salud’s payment processing services and any applicable third-party Payment Processor, to initiate the authorized debit(s) from your designated bank account for the amount(s) and on the date(s) you approve. For recurring ACH or bank account payments, you authorize recurring debits in accordance with the payment schedule you approve. You may revoke authorization for future recurring ACH or bank account debits by contacting your Provider or updating your payment settings through the App, subject to reasonable time needed to process the request and your Provider’s applicable policies.
If an ACH or eCheck payment you authorize is returned or rejected for any reason, including insufficient funds, uncollected funds, closed account status, invalid account information, or other bank-related reasons, Salud and its Payment Processor may resubmit the payment to the extent permitted by applicable law and payment network rules. Salud does not charge you a fee for returned or failed payments unless expressly disclosed elsewhere in these Terms or required by your Provider’s policies and applicable law.
Any collection activity relating to unpaid balances, reversed payments, or failed transactions is handled by your Provider or its designated agents, and not by Salud unless separately disclosed to you.
Salud reserves the right to decline, suspend, delay, or refuse to process a transaction where reasonably necessary for security purposes, fraud prevention, compliance with applicable law, payment network or processor requirements, technical limitations, inaccurate or incomplete account information, or other legitimate business reasons. Salud may also decline to process a transaction if directed to do so by your Provider or the applicable Payment Processor.
If the App allows you to request, select, or manage a payment option or payment schedule, that payment option or payment schedule is offered solely by and between you and the applicable Provider or Biller under the Provider’s billing policies. Salud may display available payment options, payment schedules, or estimated payment amounts based on information provided by the Provider, and may facilitate the scheduling and processing of payments you authorize.
Salud does not extend credit, make lending decisions, or establish payment terms. Salud provides payment technology and payment processing support that enables patients to submit authorized payments to participating healthcare Providers. Salud is not the merchant of record for healthcare services and does not provide medical services or determine the charges billed by Providers.
Any installment arrangement or payment schedule made available through the App is offered solely by the applicable Provider or Biller under its billing policies and is not offered by Salud. If you are presented with, referred to, or elect to use a separate third-party financing or loan program, that product is offered by a separate financial institution or third-party provider and is subject to its own terms, disclosures, approvals, and requirements. Salud is not a party to any such third-party financing or loan agreement.
Payments processed through the App are applied toward healthcare services previously rendered by your Provider. Salud does not generate medical bills, does not control the amounts billed by Providers, and does not determine how Providers classify, apply, adjust, refund, or dispute amounts related to healthcare services, except that Salud may assist with correction of payment processing errors attributable to the App or payment processing workflow.
If you believe a payment was processed in error, or if you dispute any charge associated with healthcare services, you should first contact your Provider directly to attempt to resolve the issue before initiating a dispute with your financial institution, unless applicable law requires otherwise. Initiating a chargeback or payment dispute without first attempting to resolve the matter with the Provider may delay resolution. If a chargeback or reversal is initiated for a payment that was properly authorized and processed, you agree to cooperate with the Provider and any applicable third-party Payment Processor to resolve the matter, and your Provider may pursue recovery of any unpaid balance resulting from the reversal.
When you make a payment through the App, the charge may appear on your bank or credit card statement as Salud EquityPay, Salud Revenue Partners, your Provider, the applicable Payment Processor, or a similar billing descriptor associated with the payment platform used for the transaction. If you have questions regarding a charge appearing on your statement, you should first contact your Provider directly.
Payments made through the App are processed using secure payment processing systems designed to comply with applicable payment card industry (PCI) security standards and other applicable security requirements. Payment transactions are transmitted using industry-standard encryption technologies, and payments are processed through PCI-compliant payment processors. Salud does not store full credit card numbers within the App and does not store full bank account numbers except to the extent necessary to support authorized transactions, tokenized payment credentials, fraud prevention, legal compliance, or account records maintained in accordance with applicable law and security requirements.
For questions regarding healthcare bills, balances, refunds, payment options, payment schedules, or billing disputes, you must contact your Provider directly. For questions specifically related to the functionality of the App or payment processing issues, you may contact Salud at the support contact information listed in these Terms.
Article 6. Electronic Records, Signatures, and Consent
By creating an account, indicating your acceptance of these Terms, or otherwise using the App to authorize payments or receive communications, you agree to receive these Terms and all related notices, disclosures, authorizations, and records in electronic form (“Electronic Records”).
Electronic Records may include, but are not limited to, these Terms of Service and any updates, payment authorizations and confirmations, payment receipts and transaction history, notices about scheduled or completed payments, security alerts, account notifications, and communications related to your use of the App.
Your consent applies to this transaction and to all Electronic Records provided during your use of the App in connection with your account and payments. You agree that your electronic acceptance of these Terms, and your electronic authorization of any payment, has the same legal effect as a signed written agreement.
You may request a paper copy of any Electronic Record by contacting us at support@saludequitypay.com. We will provide the copy at no charge unless a fee is permitted by applicable law and disclosed to you at the time of your request.
You may withdraw your consent to receive Electronic Records at any time by contacting us at support@saludequitypay.com. If you withdraw your consent, you may no longer be able to use some or all features of the App, including the ability to make payments online or manage payment schedules, and your account access may be limited or terminated. Withdrawal of consent does not apply to Electronic Records already provided.
You agree to keep your email address, phone number, and other contact information current so that we can deliver Electronic Records and important account communications to you.
Electronic Records may be provided to you through the App, by email, by text message (SMS) where you have opted to receive such messages, or through links to documents or content made available within the App.
To access and retain Electronic Records, you must have a device with internet access, a current version of a web browser, a valid email account, and the ability to view, download, and save or print documents. You acknowledge that you have the ability to access and retain Electronic Records provided through the App.
Article 7. CUSTOMER SUPPORT & BILLING INQUIRIES
Questions regarding healthcare bills, balances, payment plans, refunds, or billing disputes must be directed to your Provider. Salud does not generate medical bills and does not control the amounts billed by Providers.
For questions specifically related to the functionality of the App or payment processing issues, you may contact Salud at:
Email: support@saludequitypay.com
Phone: 765-637-2400
Mailing Address: 1330 Win Hentschel Blvd., Suite #250, West Lafayette, IN 47906
Customer support inquiries will be addressed during normal business hours.
Article 8. REFUND POLICY.
If you dispute any amounts listed on your Provider bill, it will be your sole responsibility to contact your Provider directly to settle such dispute. Salud does not provide or handle patient refunds for any incorrect bills or disputed amounts between you and your Provider. Refunds will be handled solely by your Provider. Salud does not process or issue patient refunds for disputed medical charges, except where a refund is required to correct a payment processing error attributable to the App or payment processing workflow..
Article 9 SECURE CHECKOUT POLICY
We are committed to protecting your payment information and providing a secure checkout experience. All payment transactions are processed through a PCI DSS-compliant third-party payment processor. Sensitive payment information is encrypted during transmission and handled directly by the processor. We do not store full cardholder data, and secure tokenization is used where applicable to further protect your information. Access to your payment account is secured through authentication measures. You are responsible for maintaining the confidentiality of your login credentials. Transactions may be monitored for suspicious activity to help prevent unauthorized use. Your personal and financial information is handled in accordance with our Privacy Policy and applicable healthcare regulations.
Article 10. THIRD PARTY CONTENT
The App may include various links to third-party websites. You may access these websites directly or through the App. You may also be subject to the terms of use and privacy policies of these third-party websites. Links from Salud to other websites are provided solely for your convenience. You understand that should you leave this App via a link, the content of that third-party site is not provided or endorsed by Salud, and Salud has not reviewed or approved the terms of use or other policies governing such sites. Salud does not monitor, make any representation with respect to or assume any liability for any third-party sites, including, without limitation, any products or services that are advertised or made available for purchase through such sites.
Article 11. LICENSE & ACCESS:
Subject to your compliance with the Terms, Salud grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license to access and use Salud Services through an internet web browser or mobile application to review, track, and pay your healthcare bills to certain Providers. This license is personal to you and any family members you add to your account, and you may not permit any unrelated users access to our Services through your account or use our Services to host content for any unrelated parties. You will remain fully responsible for any actions taken through your account that are in violation of the Terms. You agree you will not (i) sell, rent, lease, re-license, sub-license, operate, distribute, publicly perform or display, provide access to, copy, duplicate or give away all or any portion of the Services to or for any other party or entity, (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Services, or (iii) use the Services other than in accordance with the terms of these Terms, without prior written approval from Salud. Further, you agree not to modify, translate, reverse engineer, de-compile, or disassemble the Services, or from creating derivative works based on the Services, and you waive any right you may have to perform such activities. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Salud without express written consent. You may not use any meta tags or any other “hidden text” utilizing Salud’s name or trademarks without the express written consent of Salud. You may use the App only as permitted by law. Any unauthorized or improper use automatically terminates the permission or license granted by Salud.
Salud may at any time modify or discontinue, temporarily or permanently, all or any part of the Services or your account in our sole discretion, with or without notice, and you agree that Salud will not be liable to you or any third party for any such modification, suspension or discontinuance. Upon discontinuance or modification to the Services, Salud may notify you by posting a statement on or through the App. Your continued use of the App following any revision, amendment, or supplement is sufficient consideration for, and indicates agreement to, such revisions, amendments, or supplements.
Article 12. ACKNOWLEDGEMENTS:
You hereby acknowledge and agree:
A. You are solely and exclusively responsible for the choices that you make with regard to Salud, Salud’s Services, or the information contained within it, or any significant changes to your business or life;
B. We are not liable for any result or non-result or any consequences which may come about due to your use of the App or Services.
C. You agree that your use of this App by itself does not and will not create or establish a customer or client relationship between you and Salud or any of Salud’s affiliates.
D. Any invoices or billing statements that you may receive from entities (collectively, “Biller”) that refer to Salud but are payable to the Biller are solely between you and your Biller. We do not review, endorse, control or verify any information that a Biller adds to such invoices or statements or assume responsibility for their accuracy or legality.
E. We are not a party to your underlying agreement with your Provider or Biller and do not assume responsibility for the medical services, underlying charges, or billing decisions reflected in your account. Salud may act as a service provider to facilitate payment processing and related technology functions, but Salud does not become a creditor, lender, or party to your underlying financial obligations to your Provider or Biller.
F. By providing us with your bank account information, you authorize us and our Payment Processor to share this information for purposes of validating (i) that the bank account that is to be enrolled for use in connection with future transactions exists and/or is in good standing and (ii) that you are an authorized accountholder, user or signatory of such bank account.
Article 13. INTELLECTUAL PROPERTY:
You agree that the App along with any other Services provided by Salud are the property of Salud, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP that is not expressly granted to you herein and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company. You may not use the App or any of Salud’s content or Services to develop or to provide any payment processing service, payment gateway or similar service, other than Salud’s payment processing service.
Article 14. CONTENT YOU POST:
Through your participation in the Salud EquityPay and your use of the App, you may be permitted to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs, and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “User Content“). You hereby grant Salud a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of User Content you post. Salud claims no further proprietary rights in your User Content. By posting the User Content on this Website, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever. You agree to indemnify and hold Salud harmless from all actual and incidental costs and fees associated with Salud’s defense of any claims arising from User Content, including, but not limited to, all attorneys’ fees.
You also agree to comply with the “Acceptable Use” provision of this Agreement for all User Content that you post, including and especially to not violate the intellectual property rights of any third party through your User Content. Salud reserves the right to disclose any information or User Content that Salud deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal dispute process, or governmental request.
Salud reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you.
Article 15. YOUR OBLIGATIONS:
You will be asked to register with us, and you must provide complete and accurate information when you register for our Services You understand that Salud may use information that you provide in connection with use of our Services in accordance with these Terms and the Privacy Policy. You are responsible for ensuring the accuracy of this information. By providing your email address and mobile phone number, you are: 1) confirming that your email address and mobile phone number are valid and correct; and 2) authorizing us to send account related correspondence such as, but not limited to, account information, payment receipts, reminders to pay, and new feature notifications to the provided email address and mobile phone number. You agree to notify us immediately upon any change in contact information. We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion, with or without notice. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. You acknowledge that your use of the Services is in connection with Salud’s agreement with certain healthcare providers (each such agreement a “Provider Agreement”). You agree that these Terms are an independent agreement and that the termination of a Provider Agreement does not terminate these Terms.
The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information or using the App to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
Article 16. ACCEPTABLE USE:
You agree not to use the App for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the App in any way that could damage Salud, the App, Services, or general business of Salud.
a. You further agree not to use the App:
(i) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
(ii) To violate any intellectual property rights of Salud or any third party;
(iii) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
(iv) To perpetrate any fraud;
(v) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
(vi) To publish or distribute any obscene or defamatory material;
(vii) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
(viii) To unlawfully gather information about others.
Article 17. REVERSE ENGINEERING & SECURITY:
You will not use the App for any use other than the purpose for which it was intended. You will not take any of the following actions with respect to the App or use the Salud in any manner that: (a) uses any robot, spider, scraper, or other automatic or manual means to access the App or copy any content of the App; (b) disables, overburdens, impairs, or otherwise interferes with or interrupts the App or any hardware, software, system, or network connected with the App; (c) probes, scans, or tests the vulnerability of or breaches the authentication measures of the App and any related networks or systems; (d) compiles, uses, downloads, or otherwise copies any user information or any portion thereof, or transmits, provides, or otherwise distributes (whether or not for a fee) such information to any third party; (e) disseminates viruses or other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware; (f) attempts to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or system through hacking, password mining, or any other means; or (g) accesses systems, data, or information not intended by Salud to be made accessible to you
.
Salud may at any time modify or discontinue, temporarily or permanently, all or any part of the Services or your account in our sole discretion, with or without notice, and you agree that Salud will not be liable to you or any third party for any such modification, suspension or discontinuance. Upon discontinuance of or modification to the Services, Salud may notify you by posting a statement on or through the Service. Your continued use of the Service following any revision, amendment, or supplement is sufficient consideration for, and indicates agreement to, such revisions, amendments, or supplements.
Article 18. DATA LOSS:
We do not assume or accept responsibility for the security of your account or content. You agree that use of the App and its Services is at your own risk.
Article 19. INDEMNIFICATION:
Subject to any other agreements you have entered into with Salud, if you use the App, you shall indemnify, defend, and hold harmless Salud and all of its direct and indirect subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Further, without limiting Salud’s rights or your obligations under any other provision of these Terms of Use, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer (including but not limited to customer names, addresses, phone numbers, bank and credit card account numbers, and social security numbers) under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related cost. Salud’s rights to indemnity under this section are in addition to all other rights and remedies available at law or in equity. Any exercise by Salud of its rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing data through the App. This indemnity includes but is not limited to losses associated with (1) a data breach of your system(s) and (2) a data breach of the system(s) of any person or entity with whom you provided or shared Salud customer account data.
Article 20. MODIFICATION & VARIATION:
We may modify these Terms from time to time. Updated Terms will be posted in the App with a revised effective date. Your continued use of the App after the effective date of the updated Terms constitutes acceptance of the revised Terms, except where additional notice or consent is required by applicable law. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the App and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
Article 21. ENTIRE AGREEMENT:
These Terms of Use constitute the entire agreement between the parties and supersede any and all prior agreements, either oral or written, between the parties hereto with respect to the subject matter herein.
Article 22. SERVICE INTERRUPTIONS:
We may need to interrupt your access to the App to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the App may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
Article 23. TERM, TERMINATION & SUSPENSION:
We may terminate this Agreement with you at any time for any reason, with or without cause. We may determine other eligibility criteria and decline or prevent any or all transactions through this App in our sole discretion. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Termination of these Terms does not automatically entitle you to reversal of payments previously authorized and processed for your Provider. Any refund relating to a healthcare charge must be addressed under the Refund Policy and the Provider’s applicable policies.
Article 24. NO WARRANTIES:
THE CONTENTS ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. SALUD, ITS LICENSORS/PROVIDERS AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS APP, ITS CONTENTS, THE PRIVACY STATEMENT OR THE TERMS OF USE.
SALUD, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SALUD SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, SALUD MAKES NO WARRANTIES RELATED TO OR IN CONNECTION WITH ANY THIRD PARTY, SOFTWARE, DATA, HARDWARE OR EQUIPMENT. ANY OF THE CONTENTS OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
Article 25. LIMITATION ON LIABILITY:
SALUD ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN CONNECTION WITH THIS APP, THE CONTENTS, THE PRIVACY STATEMENT OR THE TERMS OF USE. IN NO EVENT SHALL SALUD BE LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE CONTENTS, THE PRIVACY STATEMENT OR THE TERMS OF USE OR YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) OR AVAILABILITY OF (OR LACK THEREOF) THIS APP.
UNDER NO CIRCUMSTANCES WILL SALUD BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE APP OR ANY PORTION THEREOF, REGARDLESS OF WHETHER SALUD HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. SALUD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF THE WEBSITE OR THE CONTENTS; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE APP OR THE CONTENTS; (III) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE APP OR THE CONTENTS; AND/OR (IV) YOUR SERVICES. IN NO EVENT SHALL SALUD’S AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED $500.
Article 26. GENERAL PROVISIONS:
A. LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
B. JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in Salud EquityPay and your use of the APP, you agree that the laws of Indiana shall govern any matter or dispute relating to or arising out of this Agreement without giving effect to any rules of conflicts of law. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the exclusive jurisdiction and venue of the state of Indiana. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine. Any dispute relating to your use of the Services shall be adjudicated in such jurisdiction. By providing your consent and agreement, venue is proper in the courts of Indiana. Notwithstanding the foregoing, you acknowledge and agree that any violation of these Terms may result in irreparable injury and damage to us and our affiliates that may not be adequately compensable in money damages, and for which we and our affiliates will have no adequate remedy at all. You therefore consent and agree that Salud shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction.
C. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased or otherwise transferred by Salud, the rights and liabilities of Salud will bind and inure to any assignees, administrators, successors, and executors.
D. SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law, remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
E. NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
F. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
G. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
H. FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, pandemics, and other acts which may be due to unforeseen circumstances.
I. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications between you and Salud, including account notices, payment-related communications, and other service-related messages, are governed by your consent to receive Electronic Records as described in Article 6.
J. We strive to make our Services accessible to all users. If you encounter a barrier, please contact us at support@saludequitypay.com.