PLEASE CAREFULLY REVIEW THE TERMS OF USE AGREEMENT BELOW. BY ENGAGING WITH OUR WEBSITES AND UTILIZING OUR SERVICES, YOU ARE CONSENTING TO BE LEGALLY BOUND BY THESE TERMS, ALONG WITH ANY ADDITIONAL TERMS REFERENCED WITHIN THIS DOCUMENT. SHOULD YOU DISAGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, WE ASK THAT YOU REFRAIN FROM ACCESSING OR USING OUR WEBSITES AND SERVICES. THIS AGREEMENT BECOMES EFFECTIVE AS OF FEBRUARY 1, 2024. 

IMPORTANT NOTICE: PLEASE BE AWARE THAT YOUR USE OF THE SERVICES IS GOVERNED BY AN ARBITRATION CLAUSE, MANDATING THAT ANY DISPUTES BE SETTLED THROUGH BINDING ARBITRATION. 

Acceptance of Terms 

This Terms of Use Agreement (“TOU”) constitutes a legally enforceable contract that will oversee the relationship between users and others who may interact or engage with Healthcare Claims Management (HCM) also known as Healthcare Chaos Management (HCM), located at 701 Broad Ripple Ave, Indianapolis, IN 46205, along with our subsidiaries and affiliates. This agreement pertains to the use of the HCM website, including HCMAR.com (the “Site”), and the services offered through it, as defined below. 

Description of Website Services 

The Site operates as a news and information platform providing details about the services offered by Healthcare Claims Management and relevant industry news, collectively referred to as “Services”. Anyone visiting our Site is considered a “user” of the services outlined in this TOU. 

Users should recognize and agree that the Services provided through our website and applications, including potential mobile applications available across various social media networks and other platforms, are the exclusive property of Healthcare Claims Management. HCM reserves the right, at its discretion, to introduce new services or products, or to update, modify, or revise any existing content and Services. This TOU will apply to all new services or products and any changes to existing services unless explicitly stated otherwise. HCM also retains the right to discontinue any of its services or products. By continuing to use the Services after any updates, changes, or modifications are posted, you agree to such revisions. Users are encouraged to regularly review this TOU and all related policies to stay informed. If you do not agree with the revised terms, you must cease using the Services. 

Additionally, users understand, acknowledge, and agree that the Services are provided “AS IS”. Hence, Healthcare Claims Management disclaims any liability for the timeliness, failure to deliver, deletion, or failure to store any user content, communications, or personalization settings. 

Privacy Policy Overview 

Our Privacy Policy outlines the methods by which Healthcare Claims Management collects and utilizes personal information from users through the Site.

Global Use and Compliance with Export and Import Laws 

Given the global reach of the internet, users engaging with our network agree to adhere to all local regulations concerning online behavior and acceptable content. The sharing, posting, and/or transferring of software, technology, and other technical data may fall under the export and import laws of the United States and potentially other countries. By using our services, you commit to complying with all relevant export and import laws, statutes, and regulations, including the Export Administration Regulations and the United States sanctions control program. Additionally, you affirm that you: 

1. Are not listed on any government export exclusion lists nor are you a member of any government in an export-prohibited country identified by applicable export and import laws and regulations. 
2. Will not transmit any software, technology, or other technical data via our network services to any export-prohibited country. 
3. Will not utilize our network services for any military, nuclear, missile, chemical, or biological weaponry purposes in violation of U.S. export laws. 
4. Will not post, transfer, nor upload any software, technology, or other technical data that would breach U.S. or other relevant export and/or import laws. 

Content and Company Services 

Our Services may provide you the ability to upload, submit, or transmit content to the website (e.g., via a contact form) (“Your Content”). The following terms govern your use of such features: 

1. License to Your Content: By submitting Your Content to the Services, you grant Healthcare Claims Management a global, perpetual, irrevocable, non-exclusive, royalty-free license that is sub-licensable and transferable, to use, reproduce, distribute, create derivative works from, adapt, display, and perform Your Content across all media known or developed in the future, without attribution. You also waive all moral rights to Your Content and assert that you possess the necessary rights to grant this license. 
2. Prohibited Content: You agree not to use the Services to disseminate: 

• Content that is obscene, defamatory, threatening, harassing, abusive, slanderous, racially or ethnically offensive, hateful, or embarrassing to any person or entity, or that infringes on the intellectual property rights of a third party. 
• Materials that would lead to a violation of law by us or a third party, or encourage such violations. 
• Any content or communications designed to impersonate someone else. 

User Feedback 

Healthcare Claims Management encourages users to provide feedback, suggestions, comments, ideas, improvements, or other materials (“Feedback”) regarding our website. By choosing to submit Feedback, you acknowledge and agree to the following terms: 

1. Your Feedback does not include any confidential or proprietary information. 
2. HCM is not obligated to maintain the confidentiality of any Feedback you provide, whether explicitly or impliedly. 
3. HCM reserves the right to use, disclose, or act upon the Feedback in any manner it deems appropriate. 
4. Upon submission, your Feedback becomes the exclusive property of HCM without any obligation for compensation or acknowledgment to you. 
5. HCM has no duty to offer compensation or reimbursement for your Feedback in any form. 

Indemnity 

You agree to defend, indemnify, and hold harmless Healthcare Claims Management, along with its subsidiaries, affiliates, agents, directors, employees, partners, and licensors, from any third-party claims, legal actions, or demands, including but not limited to governmental actions, that arise from your use of the Services, your breach of this TOU, or your violation of any laws. This indemnification obligation includes covering any liabilities, losses, damages, judgments, fines, litigation costs, and legal fees incurred. 

Commercial Reuse Prohibited 

You are prohibited from replicating, duplicating, copying, trading, selling, reselling, or otherwise exploiting for any commercial purposes any portion of, use of, or access to HCM’s Services. 

Modifications to Services 

Healthcare Claims Management reserves the right, at its discretion, to modify, alter, suspend, or discontinue our Services or any part thereof at any time, with or without notice to you. We will not be liable to you or any third party for any modification, suspension, or discontinuance of our Services, or any part thereof. 

Advertiser Relations 

Your interactions or engagements with advertisers found on or through our Services, including payment, delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the respective advertiser. Healthcare Claims Management shall not be liable for any loss or damage incurred as a result of such dealings or as a result of the presence of advertisers on the website. 

External Links 

Healthcare Claims Management or third parties may include links to other websites or resources. We are not responsible for the availability of these external sites or resources, and do not endorse and are not responsible or liable for any content, products, advertising, or other materials on or available from such sites or resources. You acknowledge that Healthcare Claims Management is not liable for any loss or damage caused by your use of or reliance on any content, goods, or services available on or through any external site or resource. 

Proprietary Rights 

You acknowledge that Healthcare Claims Management’s Services and any software used in connection with our Services (“Software”) contain proprietary and confidential material protected by intellectual property and other laws. You also acknowledge that content within advertisements or presented through our Services is protected by copyrights, trademarks, patents, or other proprietary rights and laws. You agree not to modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on Healthcare Claims Management Services or Software, in whole or part, except as permitted by law or authorized by Healthcare Claims Management or the appropriate licensor. 

Healthcare Claims Management grants you a personal, non-transferable, and non-exclusive right and license to use the Software on a single computer, provided you do not (and do not allow any third party to) duplicate, modify, create derivative works from, reverse engineer, reverse assemble, or otherwise attempt to find the source code, sell, assign, sublicense, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including for the purpose of obtaining unauthorized access to our Services. You also agree to access our Services only through the interface provided by Healthcare Claims Management for such purposes. 

Restrictions on Use of Services 

By using the Services provided by Healthcare Claims Management, you agree to adhere to not only the overarching terms and conditions but also the following specific restrictions. Your use of the Services shall not involve: 

• Altering, deleting, or attempting to change or modify any content or notices on the Services without authorization. 
• Introducing viruses, trojan horses, worms, rogue programs, time bombs, drop-dead devices, back doors, or any other form of malicious code designed to damage, disrupt, or allow unauthorized access to the Services, harm other users, third parties, or undertake any similar malicious actions. 
• Engaging in fraudulent activities or conducting any unlawful acts through the Services. 
• Utilizing bots, spiders, or any other automated or manual processes to harvest or compile information from the Services for unauthorized purposes. 
• Misusing any content available through the Services in a way that infringes on the trade secrets, copyrights, trademarks, patents, rights of publicity, or any other proprietary rights of any party. 
• Decrypting, transferring, framing, displaying, or translating any part of the Site in a manner that violates the terms of use or without proper authorization, except for personal use translations. 
• Unauthorized connection to, or access of, Healthcare Claims Management’s computer systems or networks. 

These restrictions are placed to ensure the security, functionality, and integrity of our Services, as well as the protection of our users and third parties. Violation of these guidelines may result in termination of your access to the Services and may expose you to civil and/or criminal liability. 

WARRANTY DISCLAIMERS 

YOU EXPLICITLY ACKNOWLEDGE AND AGREE TO THE FOLLOWING REGARDING YOUR USE OF HEALTHCARE CLAIMS MANAGEMENT’S SERVICES AND SOFTWARE: 

USE AT YOUR OWN RISK: THE SERVICES AND SOFTWARE PROVIDED BY HEALTHCARE CLAIMS MANAGEMENT ARE OFFERED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. HEALTHCARE CLAIMS MANAGEMENT, ALONG WITH OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NO GUARANTEE OF SERVICE: WE DO NOT WARRANT THAT: 

• THE SERVICES OR SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS. 
• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. 
• THE RESULTS OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE. 
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. 
• ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. 

DOWNLOAD RISKS: ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES OR SOFTWARE IS DONE AT YOUR DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING SUCH MATERIAL. 

• NO WARRANTIES FROM ADVICE: ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEALTHCARE CLAIMS MANAGEMENT OR THROUGH OUR SERVICES OR SOFTWARE, SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 
• RISK OF SEIZURES: A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN WHILE USING OUR SERVICES. IF YOU OR ANYONE YOU KNOW HAS AN EPILEPTIC CONDITION, CONSULT A PHYSICIAN IF YOU EXPERIENCE SYMPTOMS SUCH AS DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS WHILE USING OUR SERVICES. 

LIMITATION OF LIABILITY 

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT HEALTHCARE CLAIMS MANAGEMENT AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RELATED TO THE LOSS OF PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM: 

1. THE USE OR INABILITY TO USE OUR SERVICE; 
2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; 
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; 
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE; 
5. ANY OTHER MATTER RELATED TO OUR SERVICE. 

IN ANY CASE, THE MAXIMUM TOTAL LIABILITY OF HEALTHCARE CLAIMS MANAGEMENT FOR ANY CLAIM UNDER THIS TOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00 USD), WITH THE AWARD FOR DIRECT, PROVABLE DAMAGES BEING YOUR SOLE REMEDY. 

STATE LAW WAIVER 

BY AGREEING TO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE. THIS INCLUDES, IF APPLICABLE, WAIVING SECTION 1542 OF THE CALIFORNIA CIVIL CODE. 

EXCLUSIONS AND LIMITATIONS 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS IN THE WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY SECTIONS ABOVE MAY NOT APPLY TO YOU. IF ANY EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS CONTAINED IN THIS TOU IS FOUND INVALID OR UNENFORCEABLE BY A COURT OR ARBITRATOR, SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. TO THE EXTENT PERMITTED, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS FROM THE DATE OF PURCHASE OR ACCESS, AS APPLICABLE. 

Third-Party Beneficiaries 

You acknowledge, understand, and agree, unless explicitly stated otherwise in this Terms of Service (TOU), that there are no third-party beneficiaries to this agreement. 

Notice 

Healthcare Claims Management may provide notices to you regarding any changes to the TOU or other important matters through email, regular mail, MMS or SMS text messaging, postings on our website, or other reasonable means now known or later developed. If you access our Services in an unauthorized manner, you may not receive these notices, but you are still deemed to have received any and all notices if you had accessed our Services in an authorized manner, by virtue of your acceptance of this TOU. 

Trademark Information 

You acknowledge, understand, and agree that all Healthcare Claims Management trademarks, copyrights, trade names, service marks, logos, and any brand features, product, and service names are trademarks and, as such, remain the property of Healthcare Claims Management. You agree not to display or use the Healthcare Claims Management logo or marks in any manner without prior permission. 

Copyright or Intellectual Property Infringement Claims Notice and Procedures 

Healthcare Claims Management respects the intellectual property rights of others and expects its users to do the same. Healthcare Claims Management may, at its sole discretion and under appropriate circumstances, disable or terminate the accounts of users who repeatedly infringe upon others’ intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information: 

1. The electronic or physical signature of the person authorized to act on behalf of the copyright or intellectual property right owner. 
2. A description of the copyrighted work or other intellectual property that you claim has been infringed. 
3. A description of where the material you claim is infringing is located on the site. 
4. Your address, telephone number, and email address. 
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. 
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. 

For submitting claims of copyright or intellectual property infringement, you can contact the designated Agent of Healthcare Claims Management at:  

Healthcare Claims Management  
701 Broad Ripple Ave, Indianapolis, IN 46220 

Telephone: 317-275-5262 
Email: privacy@HCMAR.com 

Closed Captioning Compliance 

Healthcare Claims Management adheres to all relevant Federal Communications Commission (FCC) regulations concerning the closed captioning of video content. For further details, please visit our website at HCMHP.com. 

Entire Agreement 

This Terms of Service (TOU) agreement represents the complete agreement between you and Healthcare Claims Management regarding our Services, and it replaces any prior agreements between you and us regarding Healthcare Claims Management Services. Additional terms and conditions may apply when you use or purchase other Services from Healthcare Claims Management, services from affiliates, third-party content, or third-party software. 

Agreement to Arbitrate 

Choice of Law: This TOU and any disputes arising from it will be governed by the laws of the State of Indiana, USA, disregarding any conflict of laws principles. 

Arbitration Procedure: Disputes related to this TOU or our Services will be resolved exclusively through binding arbitration in Hamilton County, Indiana, or another mutually agreed location, following the Commercial Arbitration Rules of the American Arbitration Association. An arbitrator will have the sole authority to resolve disputes including interpretations, applicability, enforceability, or formation of this TOU, and any claims of this TOU being void or voidable. 

Waiver of Class Actions and Jury Trials: Disputes will be resolved on an individual basis, not in class, consolidated, or representative actions. If a dispute proceeds in court, we each waive any right to a jury trial. 

Injunctive Relief: Either party may seek preliminary injunctive relief in court to enforce the terms of this TOU until a final arbitration decision is made, or to enforce arbitration awards. 

Waiver and Severability of Terms 

Failure by Healthcare Claims Management to exercise any right under this TOU does not constitute a waiver of such right. If any TOU provision is deemed invalid by an arbitrator or competent court, the parties still agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and other TOU provisions remain in effect. 

Statute of Limitations 

You agree that any claim or action related to the use of our Services or this TOU must be filed within one year after the claim or cause of action arose, otherwise, it is permanently barred. 

No Assignments and Transfers 

Rights or obligations under this TOU cannot be assigned or transferred by you without our express prior written consent, which we may grant or withhold at our sole discretion. 

Violations 

Please report any and all violations of this TOU to Healthcare Claims Management as follows: 

Mailing Address: 
Healthcare Claims Management  
701 Broad Ripple Ave, Indianapolis, IN 46220 

Telephone: 317-275-5262 
Email: privacy@HCMAR.com