Ownership and Purpose of Site:
The patient billing portal powered by MBXPortal website (the “Site”) is owned and operated by MBX Medical Billing Experts, LLC (“MBX”). The Site’s purpose is to provide a secure network that will assist patients in managing their medical billing payments, statements, insurance and address updates, and other related items to assist them in obtaining improved quality, safety, and efficiency of care.
Terms and Conditions:
MBX occasionally may restrict access to some parts of the Site or to the entire Site. MBX will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
Content and Intellectual Property Information:
“MBXPortal,” “MBXperience” and “MBX Patient Experience” are names used exclusively by MBX to refer to the Site and its functionality. These names may not be used without permission of MBX. Any third party trademark(s) that may appear on our Site are the property of their respective owner(s).
The Site’s proprietary contents include, without limitation, any animations, applets, audio, data, design, graphics, illustrations, images, information, marks, music, photographs, text, video, and any other files displayed, used and/or available on the Site (the “Content”), as well as the arrangement, coordination, design, expression, look and feel, selection, and structure of such Content. The Site’s Content is owned, controlled or licensed by or to MBX, and is protected by copyright, trade dress, trademark and other intellectual property rights and unfair competition laws. MBX reserves all rights, title, and interests in the Content and this Site.
Digital Millennium Copyright Notice and Other Reports of Infringement:
Pursuant to 17 U.S.C. § 512(c)(2) (“Digital Millennium Copyright Act of 1998”), You may contact MBX to report the infringement of any intellectual property right through MBX’s designated agent:
Brian A. Shea | Chief Information Officer & Chief Compliance Officer
MBX Medical Billing Experts, LLC
100 E Campus View Blvd, Suite 160
Columbus, OH 43235
Access and Use of Website:
The Site is intended to be used by individuals (“patients”) whose healthcare providers contract with MBX for medical billing services and all other individuals that wish to use the Site in connection with their medical billing. A Parent and/or guardian of a patient under the age of 18 may access and use the Site on the minor patient’s behalf. A caregiver or other personal representative of a patient may also access and use the Site on the patient’s behalf. In order to join and participate in the Site, You will be asked to provide information about Yourself (or the person on whose behalf You are joining the Site). If You are under 18 years old, please discuss whether You should join the Site with Your physician. In order to join the Site, You must be a resident of the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions. When You join the Site, You will provide MBX with information relating to Your identity and certain other information, including Your e-mail address. By submitting such information to MBX, You hereby certify that any and all information provided to MBX by You is true and correct and You authorize MBX to use any method it chooses to verify the truth and accuracy of the information that You provide to the extent MBX needs to do so to protect its rights or the rights of other users of the Site. Failure to provide truthful and accurate information to MBX may result in termination of Your access to the Site.
MBX uses the means it believes are reasonable to provide access to the Site 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond MBX’s control, and subject to any breakdowns or maintenance operations required to ensure the smooth operation of the Site. MBX shall not be liable for any failure or deficiency in the performance of the Site by reason of maintenance, breakdown or any event beyond MBX’s reasonable control, including without limitation, fire, Internet outage, interruption of service, labor disturbance, natural disaster, technological disaster, terrorism, or war.
You acknowledge that data conversion and transmission is subject to the likelihood of human and machine errors, omissions, delays and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. MBX shall not be liable for any such errors, omissions, delays, losses or damage. You understand and agree that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to computer systems, networks, and any and all information stored therein. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. MBX shall not be responsible for any adverse consequences whatsoever of Your connection to or use of the Internet, and shall not be responsible for any use by You of an Internet connection in violation of any law, rule, or regulation or any violation by You of the intellectual property rights of another.
Compliance with Laws; Transmission of Data:
With respect to its operation of the Site, and to the extent required by (i) the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the regulations promulgated thereunder, and (ii) the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and any regulations promulgated thereunder, (collectively, the “Privacy Laws”), MBX will fully comply with the Privacy Laws and maintain the confidentiality of any Protected Health Information (as defined by the Privacy Laws) (“PHI”) transmitted or made available through the functionality of the Site, and in accordance with such compliance, MBX will, among other things:
b. Use appropriate safeguards to prevent the unauthorized use or disclosure of Your PHI;
c. Report to You any unauthorized use or disclosure of Your PHI of which MBX becomes aware;
d. Ensure that any agent, including a subcontractor to whom MBX provides Your PHI in any format received from or created or received within the Site, agrees in writing to comply with the Privacy Laws;
e. Mitigate, to the extent practicable, the harmful effect of any unauthorized use or disclosure of Your PHI; and
f. Upon expiration or termination of Your use of the Site, return to You or destroy all PHI, if any, received from or transmitted by You in connection with Your use of the Site that is still in MBX’s possession or under its control. If return or destruction is not feasible, MBX will provide You with written notice explaining why return or destruction of Your PHI is not feasible and will extend the protections of this Section to Your PHI and limit further uses and disclosures of Your PHI to those purposes that make return or destruction infeasible.
When You use the Site to upload and transmit PHI, You agree that, to the extent applicable, You shall comply with all State and Federal laws, including but not limited to the Privacy Laws. You represent and warrant that You will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of PHI. You agree that MBX, and all other persons or entities involved in the operation of the Site, have the right to monitor, retrieve, store, review and use Your PHI, if applicable, in connection with the transmission of any PHI.
MBX acknowledges and agrees that the data and information that is compiled or passes through the Site that specifically relates to You, Your patient care, or Your physician procedures or diagnoses (collectively, the “Client Data”), and all right, title and interest therein, is and shall remain Your exclusive property. Notwithstanding the foregoing, to the extent permissible under the Privacy Laws and any other applicable laws and regulations, You hereby grant to MBX a perpetual, unlimited license to use the Client Data, in a de-identified format stripped of personal identifiers, for data benchmarking, sharing, warehousing, resource utilization and similar data analysis services; provided, however, that MBX shall comply with the Privacy Laws in connection with any such actions and shall protect and maintain the confidentiality of all Client Data used in such manner.
Communication of Other Information to and on the Site:
The Site may at some point contain features that allow You to submit content or messages in the form of text, pictures, drawings, designs, graphics, audio clips, video clips, documents, or other files that are then displayed on the Site and may be accessed by other Site users (a “Posting”). If such functionality becomes available, You are prohibited from submitting any Posting that: (i) restricts or inhibits any other user from using and enjoying the Site, in whole or in part; (ii) is abusive, defamatory, inaccurate, indecent, false, libelous, misleading, obscene, offensive, pornographic, profane, threatening, sexually explicit, violent, vulgar, or unlawful in any manner; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of MBX or third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature, except as expressly permitted by MBX; (vii) contains advertising, promotions or commercial solicitations of any kind, except as expressly permitted by MBX; (viii) constitutes or contains false or misleading statements of fact; or (ix) misrepresents Your identity or affiliation with any person or organization, including without limitation by suggesting that You or Your Posting is endorsed by or affiliated with MBX.
Ads; Communications with Users; Links to Third Parties:
The Site may include, in MBX’s sole discretion, sponsored advertising. You hereby agree and understand that by using the Site, You consent to the presence of sponsored ads and services on the Site, which advertising will be placed at MBX’s sole discretion. The total area of the sponsored ads will not exceed more than 25% of any displayed page of the Site and such ads may be placed only vertically on the left or right side, or horizontally on the bottom of any displayed page on the Site. Sponsored ads shall at all times be clearly delineated from other content on the Site through the use of boxes surrounding the advertisement, a different colored background or other similar means and shall contain a header with words similar to “Advertisement” or “Sponsorship.” All statements and/or opinions expressed in these advertisements are solely the opinions and the responsibility of the person or entity placing the advertisement. These statements do not necessarily reflect the opinion of MBX. MBX will not be liable to You or any third party for the content or accuracy of any advertising provided by any third parties.
The Site may also contain links to the websites of MBX partners, advertisers or unrelated third party companies (“Linked Sites”). MBX does not own and has no control over Linked Sites and therefore assumes no responsibility and makes no warranties or representations with respect to the availability of these websites, their content, advertising material and/or the products or services available at or through the Linked Sites. MBX does not endorse Linked Sites, is not bound by the terms and conditions, if any, of such Linked Sites, and the presence of links to Linked Sites does not mean that MBX has any affiliation or connections with, or makes any endorsement or sponsorship of such Linked Sites or their owners or operators. MBX accepts no liability for any direct or indirect damage that may result from a user’s visit to a Linked Site, or from a user’s use of the contents, products or services of Linked Sites or their owners or operators.
In addition to sponsored advertising on the Site, MBX, through the Site or the contact information You have provided through Your use of the Site, may contact You regarding certain offers or products of MBX or other of its partners that MBX believes may be beneficial to You. You understand and agree that MBX may contact You in this manner. You will also be asked to grant an authorization for MBX to use Your PHI in connection with its business partners and the advertising and offers that may be directed to you. You may decide to authorize MBX to act in this manner by providing authorization for MBX or its business partners to contact you in the process of signing up for the Site. You will also have the authority to opt out of such use at any time by contacting MBX.
Your Representations and Warranties; Indemnification of MBX:
Disclaimers, Exclusions and Limitations:
As used below in this section, “MBX” refers to MBX Medical Billing Experts, LLC and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers, volunteers and suppliers.
DISCLAIMER OF WARRANTIES:
THE SITE, ITS CONTENT AND ANY INFORMATION INCLUDED ON OR PROVIDED THROUGH THE SITE IS PRESENTED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. MBX DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND LACK OF NEGLIGENCE OR WORKMANLIKE EFFORT.
WITHOUT LIMITING THE FOREGOING PROVISIONS:
(1) YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SITE AND/OR ITS CONTENT TO ACHIEVE YOUR INTENDED RESULTS AND SOLE RESPONSIBILITY FOR THE USE OF AND RESULTS OBTAINED FROM THE SITE AND/OR ITS CONTENT;
(2) MBX MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE AND/OR ITS CONTENT OR ITS USE WILL BE ERROR FREE, SECURE, VIRUS FREE, OR FREE FROM INTERRUPTIONS, DEFECTS OR OTHER FAILURES OR HARMFUL COMPONENTS, OR THAT THE SITE AND/OR ITS CONTENT WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT OR OTHER HARDWARE, SOFTWARE OR BROWSER CONFIGURATION, OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED;
(3) MBX MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION OBTAINED FROM THIRD PARTY SOURCES (INCLUDING BUT NOT LIMITED TO ANY USERS OF THE SITE) USED ON OR WITH THE SITE OR RECEIVED IN CONNECTION WITH CONVERTING OR TRANSMITTING ANY DATA RECEIVED IN DIFFERENT FORMATS IS ACCURATE, TIMELY, OR ERROR FREE, AND MBX IS NOT RESPONSIBLE IN ANY WAY FOR THE INFORMATION OBTAINED FROM SUCH SOURCES;
(4) MBX MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED BY USERS TO GAIN ACCESS AND PERMISSION TO USE THE SITE OR OTHER INFORMATION POSTED BY USERS IS ACCURATE OR ERROR FREE; AND
(5) MBX MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SUITABILITY OF ANY PERSONS PARTICIPATING IN THE SITE OR REGARDING THE CHARACTER OR INTEGRITY OF SUCH PERSONS.
SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES:
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Subject its requirements under relevant law, MBX may disclose any information it has about You, including Your identity, if it determines that such disclosure is necessary as part of any investigation or complaint regarding Your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with MBX’s rights or property, or a Site visitor’s rights or property. MBX reserves the right to disclose any information MBX deems necessary to comply with any applicable law, regulation, or governmental rule, and also when it determines that applicable law permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Void Where Prohibited:
MBX reserves the right to limit, in its sole discretion, the provision and quantity of any Content, feature, product or service to any person or geographic area, whether by reason of the local laws applicable in such geographic area or otherwise. Any offer for any feature, product or service made on the Site is void where prohibited.
Modification or Termination of the Site:
MBX may, in its sole discretion and without any liability, change, discontinue, make improvements to, modify, or suspend, any aspect or all of the Site, temporarily or permanently, at any time without prior notice.
Jurisdiction and Applicable Law:
Updated by MBX on 01/02/2018.