Website Terms and Conditions

 

please read these terms of use and the incorporated notices

Thank you for visiting the ClaimFox, Inc. Websites and for your interest in ClaimFox’s products and services.

PLEASE READ THESE TERMS OF USE AND THE INCORPORATED NOTICES CAREFULLY AND IN THEIR ENTIRETY BEFORE CONTINUING TO USE CLAIMFOX’S WEBSITE, APPLICATIONS, PRODUCTS OR SERVICES. BY ACCESSING AND CONTINUING TO USE CLAIMFOX’S WEBSITE, APPLICATIONS, PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (AS MAY BE MODIFIED FROM TIME TO TIME) AND ALL INCORPORATED NOTICES AS SET FORTH BELOW.

ARBITRATION NOTICE: THIS TERMS OF USE AGREEMENT REQUIRES THAT ANY DISPUTE BETWEEN US WILL BE RESOLVED BY THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS. EXCEPT FOR CERTAIN EXCEPTIONS, SET FORTH BELOW, YOU WAIVE ANY RIGHTS THAT YOU MAY HAVE TO A TRIAL BY JURY IN A COURT OF LAW OR TO PARTICIPATE IN CONSOLIDATED OR CLASS ACTIONS OR CLASS-WIDE ARBITRATION.

TERMS OF USE

These terms of use (“Terms of Use”) and incorporated policies and notices are a binding agreement between ClaimFox, Inc. and Users of ClaimFox Inc.’s Websites governing the access and use of our websites located at www.claimfox.com, https://erequest.claimfox.com, https://foxedrop.claimfox.com, https://portal.claimfox.com and any related websites, applications, services or products that ClaimFox, Inc. offers.

1. definitions

The following terms shall have the meanings set forth below throughout these Terms of Use and Incorporated Notices, unless it is expressly stated to the contrary:

“Agreement” means the arrangement between ClaimFox and a Client pursuant to which the Client receives ClaimFox’s Services and Products, such as to assist or enable the Client to process and respond to a request for Records. 

“ClaimFox”, “We”, “Us” or “Our” means ClaimFox, Inc. and its subsidiaries, affiliates, directors, officers, divisions, agents, employees, licensors, service providers and representatives.  

“Website” means ClaimFox’s websites located at www.claimfox.com, https://foxedrop.claimfox.com, https://portal.claimfox.com , https://erequest.claimfox.com and any related website, application, webpage, widget, interactive feature, blog, social network, social network tabs or other online, mobile or wireless offerings that post a link to these Terms of Use no matter how they are accessed.  

“Services” means any service, materials, or resources that are made available or accessed through or in connection with the Website.

“Products” means any physical, electronic, or virtual products that are offered through or in connection with the Website.

“User”, “You”, or “Your” shall mean any individual or entity that accesses or uses the Website, Services or Products.

“User Account” shall mean the account created by certain Users as a condition of, and a means to access or use Our Website, Services or Products. Access to the Website, Services or Products and/or the information that is required about You to establish a User Account will differ depending on Your role as a Client, Requestor or something else.

“Client” means an insurer, insurance company, third party adjustor, claims office, company, government agency, or other entity, and/or their authorized employees or agents who act on their behalf, who has established a User Account to enable ClaimFox to respond to third-party requests for copies of the Client’s Records on the Client’s behalf.

“Record(s)” means the file regarding a Subject that is maintained in the ordinary course of a Client’s business, such as, by way of example, only, concerning a Client’s insured and/or a claim being asserted by a Subject against a Client’s insured or for coverage under the insured’s insurance policy, an employment record for a company employee, or any other record maintained about a specifically identified Subject in the ordinary course of Client’s business.

“Requestor” means an individual or entity, and/or their authorized employees or agents who act on their behalf, that has established a User Account with ClaimFox and paid the required fee, if any, in order to request or receive documents contained in a Record, pursuant to a duly acknowledged and legally adequate proof of the Requestor’s legal right to access, view or receive copies of the requested Record through the ClaimFox’s “Requestor Portal”.

“Requestor Portal” means the method by which ClaimFox permits a Requestor to access, download or duplicate a Record, whether using ClaimFox’s Website, online portal, compact disc or other data medium, as may be mutually agreed to between Requestor and ClaimFox.

“Subject” means the individual that is being discussed or described in a Record or to whom the Record primarily relates.

“Incorporated Notices” shall mean the additional policies and terms that apply to Users including:

Privacy Notice

Copyright and Intellectual Property Notice

Accessibility Statement

Prohibition of Redisclosure

Dispute Resolution by Arbitration

2. ACCEPTANCE OF TERMS OF USE

By visiting, using, browsing, posting, offering content to the Website, accessing, or using the Services or Products, or “clicking” the accept/agree button, You accept and agree to be bound by, without limitations or qualifications, these Terms of Use and Incorporated Notices.

These Terms of Use and Incorporated Notices apply to all Users and all Users must agree to be bound by their Terms. Additional terms to which Clients and Requestors respectively must agree to be bound are also set forth below.

Please read All terms that apply to You before proceeding to access and use the Website or Services. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE OR INCORPORATED NOTICES, PLEASE DO NOT VISIT THE WEBSITE OR USE ANY CLAIMFOX SERVICES or PRODUCTS

3. ClaimFox’s Website, Services and Products

The Website is owned and operated by Claimfox, Inc., a New York corporation headquartered in Ronkonkoma, New York. ClaimFox is a full-service, online solution that enables Our Clients to respond responsibly and securely to Record requests through use of ClaimFox’s Services and Products. Portions of ClaimFox’s Website is exclusively available for the access and use of Clients, such as to upload Records requests and Records. Other portions of ClaimFox’s Website enable Requestors to access and download the Claims Files that have been requested.

4. access to the website, services and products 

Portions of the Website are generally publicly available and may be accessed by You or any Internet user.

There are other sections of the Website and related Services and Product that offer additional functionality and access to otherwise restricted portions of the Website. The extent and nature of Your access to the Website and related Services and Products may depend on whether You are “Client” or “Requestor” For example, sections of the Website may enable Clients to access Our Services and Products and to upload Records, subpoenas, or file requests, or to enable Requestors to electronically receive Records that they have requested after they have been reviewed for responsiveness and scope, and private, confidential, personal, or non-responsive information has been appropriately redacted. You may also have an opportunity to store Your preferences, communicate or interact with ClaimFox, receive Our newsletters or content, or to post comments or interact with ClaimFox. These sections, services and functions will only be available to You, depending on your role, when you create a “User Account” after You register, by providing requested information, pay the requisite fee, if any, and then log in using Your Email and a unique password that You create for that purpose. For further information see Paragraph 16 below.

5. terms for clients

These Terms of Use are incorporated into and an integral part of the Agreement between a Client and ClaimFox and provide the contract terms and promises under which the Client agrees to access and/or use the Website, Services and Products. As a condition of accessing the Website, Services or Products, Client agrees to promptly pay ClaimFox for fees, if any, due to ClaimFox as compensation for access or use of the Website, Services or Products provided.

As consideration for Your access and/or use of the Website, Services or Products, You, as Client, authorize Us to access, use, process and receive Records, which may include personal health information, (PHI), personally identifiable information (“PII”), privileged, confidential, sensitive or proprietary information, exclusively for the purpose of providing access to the Website, or providing Services or Products, or as otherwise provided in Our Privacy Policy.

ClaimFox acts exclusively as a service provider to our Clients by fulfilling requests for Records that the Client receives from a Record Requestor. We are an independent contractor for all purposes, and not the Client’s agent, employee, trustee or fiduciary. We do not have control of or liability for the Records that are provided through Our Website, Services or Products. We do not guarantee the identity of a Requestor or any User who requests or completes a request for a transaction through our Website, Services or Products.

As further consideration for access and use of the Website, Services and Products, Client warrants and represents that all information, data, records or documents contained in the Records are the property of the Client and/or that the information, data, records or documents are legally in the Client’s possession under operation of law or based on duly executed and acknowledged legal authorization, including, if required, under the Health Insurance Portability and Accountability Act (“HIPAA”) . We have relied on the Client’s representation that it has made the necessary disclosures and obtained the necessary consents, if any, for Us to access and process the Record, solely to enable Us to provide the Website, Services or Products and their functions, or as otherwise needed in support thereof.

6. terms for requestors

Clients may require or recommend that some or all requests for Records be processed exclusively by ClaimFox. These Terms of Use, provide the contract terms and promises under which the Requestor can establish a User Account to access ClaimFox’s Requestor Portal, and/or related Website, Services and Products.

By establishing a Requestor’s User Account, paying the required fee, if any, and accessing, requesting, or downloading requested Records through Our Requestor Portal, or accessing or using the Website, Services or Products, Requestor represents and warrants that:

  1. Requestor is the individual or entity that is making the Request and that the information provided in Your Requestor User Account, including payment information, is accurate, truthful, complete and up to date when Your request is submitted;
  2. You have a legal right to receive the requested information, data, records or documents contained in the Record (including Personal Health Information (“PHI”), Personally Identifiable Information (“PII”), or other privileged, confidential, private or sensitive information contained therein (i) pursuant to a duly issued subpoena or other legal process by a Court of competent jurisdiction; (ii) pursuant to a duly authorized and acknowledged authorization executed by the subject(s) of the Record (including if required, in compliance with the Health Insurance Portability and Accountability Act (“HIPAA)); (iii) because You are the subject of the Record; and/or (iv) by operation of law or specific court order.
  3. You will access, use, share or process the information, data, records, or documents provided to You in the Record exclusively for the purpose and to the extent it was provided to You and for no other purpose.
  4. You will preserve the Record in a secure manner and safely dispose of the Record after the purpose for which You have received them has ended and the expiration of any required legal retention period has expired.

You understand and agree that ClaimFox has relied on Your representations and warranties regarding the foregoing, including the authenticity of any subpoena, court order, or authorization which You have provided and on which You rely. You agree that, notwithstanding the foregoing, ClaimFox may, on behalf of the Client whose Record is requested, withhold or redact information, data, documents, or records contained in the Records that are deemed to be non-responsive, privileged, confidential, sensitive or beyond the scope of the permissible disclosure pursuant to the subpoena, court order or authorization on which the Requestor relies. You agree to defend and indemnify ClaimFox (including as to reasonable attorney’s fees) in regard to any allegation, claim, dispute, or action of any description or in any forum, which arises from, relates to or is anyway connected an alleged breach of Your representations and warranties forth above.

You understand and agree that ClaimFox accesses and processes the Record, solely to enable Us to provide the Website, Services or Products and their functions, or as otherwise needed in support thereof and that, We have relied on Our Client’s representation that it has made the necessary disclosures and obtained the necessary consents, if any, for Us to access and process the Record, solely to enable Us to provide the Website, Services or Products and their functions, or as otherwise needed in support thereof.

Requestor agrees that it will not name ClaimFox in any dispute between Requestor and the Client concerning whether any information, data, documents, or records were properly in Client’s or ClaimFox’s possession, or withheld or redacted in response to Requestor’s request. ClaimFox will abide by any Court Order regarding production of the Record upon receipt.

7. disclaimer of warranties

You agree that Your access and use of the Website, Services or Products are solely at your own risk. The Website, Services and Products are provided by ClaimFox on an “as is” and “as available” basis.

EXCEPT AS MAY BE OTHERWISE NOTED IN THESE TERMS, CLAIMFOX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIAL OR PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. CLAIMFOX DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE, OR THE SERVICES OR PRODUCTS OFFERED IN CONNECTION THEREWITH, WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS. CLAIMFOX DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE OR SERVICES OR PRODUCTS WILL BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. CLAIMFOX MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE WEBSITE, SERVICES OR PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLAIMFOX SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE EXTENT THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. IT IS AGREED THAT THE DISCLAIMERS AND EXCLUSIONS SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW.

8. limitation of liability

UNDER NO CIRCUMSTANCES SHALL CLAIMFOX BE LIABLE FOR YOUR USE OR MISUSE OF THE WEBSITE, SERVICES OR PRODUCTS PROVIDED IN CONNECTION THEREWITH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF CLAIMFOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR SERVICES OR PRODUCTS PROVIDED IN CONNECTION THEREWITH, INCLUDING DAMAGES THAT MIGHT BE INCURRED BY THIRD PARTIES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

UNDER NO CIRCUMSTANCES SHALL CLAIMFOX BE LIABLE FOR ANY ALLEGED INJURY, DAMAGES OR LOSS THAT IS ALLEGEDLY SUSTAINED DUE TO HACKING, THEFT, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR THE INFORMATION CONTAINED IN THAT ACCOUNT OR IN REGARD TO YOUR RECEIPT OF SERVICES OR PRODUCTS.

9. exclusion of incidental, consequential and certain other damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLAIMFOX BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PROSPECTIVE BUSINESS ADVANTAGE, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE USE OR MISUSE OF, UNAVAILABILITY OF OR INABILITY TO USE THE WEBSITE OR SERVICES OR PRODUCTS OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT, INCLUDING NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CLAIMFOX, (EXCEPT ARISING EXCLUSIVELY FROM CLAIMFOX’S INTENTIONAL CONDUCT OR GROSS NEGLIGENCE) AND EVEN IF CLAIMFOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. exclusive remedy

IT IS AGREED THAT, NOTWITHSTANDING THE FOREGOING, SHOULD ANY LIABILITY ON THE PART OF CLAIMFOX BE PROVEN, IT WILL NEVERTHELESS BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ANTICIPATE OR FIX THE AMOUNT OF DAMAGES THAT WERE PROXIMATELY CAUSED BY SUCH LIABILITY. THEREFORE, IT IS AGREED THAT IN NO EVENT MAY THE USER RECOVER AN AMOUNT IN EXCESS OF THE AGGREGATE AMOUNTS PAID TO CLAIMFOX BY YOU IN THE SIX MONTHS IMMEDIATELY PROCEEDING THE EVENT GIVING RISE TO THE CLAIM OR $300 IN THE EVENT THAT NO FEES WERE PAID, WHICH EVER IS GREATER, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS. IT IS AGREED THAT THE FOREGOING LIMITATION IS NOT INTENDED TO BE AND IS NOT A PENALTY.

11. ownership of website and its content

The Website is owned and operated by ClaimFox. All of the information and content featured or displayed on the Website, including but not limited to keywords, specialty tags, text, illustrations, artwork, video, music, trademarks, logos, charts, graphs, illustrations, or articles are owned by or licensed to ClaimFox or its affiliates, business partners, or licensors. ClaimFox reserves the right to amend, change, alter, enhance, remove, or cease to provide access to the Website or its content at any time, without prior notice to any user.

12. claimfox's intellectual property

ClaimFox owns any and all intellectual property rights arising out of, related to, or in any way connected with ClaimFox’s Website, Services and Products, all contents, materials, or resources related thereto, the Website’s and/or Service’s and/or Product’s content, logos, slogans, service marks or trademarks, etc. (“ClaimFox Intellectual Property”). You cannot use the ClaimFox Intellectual Property without first obtaining ClaimFox’s express and specific written permission. Nothing on the Website shall be construed as granting a license or right to use the ClaimFox Intellectual Property without Our permission. 

13. user communications to claimfox

Unless otherwise protected by United States law, all communications sent by You to Us will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to Us (including, but not limited to, any patentable ideas, new content suggestions or business proposals) unless We have mutually agreed otherwise in writing and in advance of You sending them. Any ideas, new content, or business proposals that We receive unsolicited will be treated as property owned by ClaimFox and will not be returned to You.

14. third-party links

The Website may contain links to third-party websites. Third-party links are provided for Your convenience and as a courtesy to You. Third-party websites are not owned, operated, or controlled by ClaimFox You agree that ClaimFox is not responsible for the content or functionality contained on any such third-party website and that You waive any and all claims against ClaimFox as to any loss incurred as the result of Your access or use of such third-party website.

15. user accounts and password

You are required to establish Your User Account in order to access certain portions of the Website, receive or administrate Services or Products, make use of certain Website functionality, offer User Content, etc. To do so, You will be required to create a unique password to be used with Your email address to access Your User Account. You may also be required to provide additional information about Yourself to enable the Services or Products and other functions appropriate to Your role. You are responsible for maintaining the confidentiality of Your User Account information, (including Your unique Password) and for all activity that occurs under Your User Account. We will assume that anyone who uses Your User Account is You and will therefore have all the same rights and privileges that You have. You will be responsible for any posts, or any other activity that occurs using User Account.

Remember, You are in the best position to protect Your User Account.

Do not share Your Password or allow anyone else to use it. You agree to notify ClaimFox immediately upon learning of any unauthorized use of Your User Account, or Password or any other breach of Website security. However, You may be held liable for losses incurred by ClaimFox or any other User of or visitor to the Website due to another person using Your User Account or Password.

You may not use anyone else’s User Account or Password at any time without the express permission and consent of the holder of that account or password. You may not use another’s Username, at any time, with or without the consent of the User, so as to give the impression, express or implied, that You are that User. ClaimFox cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.

16. website security

  1. ISO 27001:2013 Certification

    Security of data, software and hardware connected to the Internet are matters of concern for ClaimFox and all Users. We are ISO 27001:2013 Certified, which means that a third-party body has reviewed our security practices and confirmed that ClaimFox meets the international standards developed and published in the International Organization for Standardization.

    Unfortunately, even ISO security measures are not perfect or impenetrable, and ClaimFox cannot guarantee that the information submitted to, maintained on, or transmitted from its systems will be completely secure. ClaimFox is not responsible for the circumvention of any privacy settings or security measures contained on the Website by any Users or third parties. For further information, please see Our Privacy Notice.

  2. Consent

    We limit Our collection of Your personal information, personally identifiable information, and other sensitive information, to that necessary for Users to access to Website and its functions, and the Services and Products offered by ClaimFox, or to improve Your and other Users’ experience. We take reasonable precautions to collect personal information in a secure manner and transmit it via a secure internet channel. By accessing and using the Website, Services or Products, You consent to the collection, use and disclosure of Your information, as set forth in the incorporated Privacy Notice, as appropriate. You represent and warrant that for You own, license, or have permission, authorization and/or legal purpose to possess, access, use, store, process or share all materials (including PHI or PII) that You have provided to Us or have requested from Us for the purposes for which it has been provided or requested.

  3. User Security

    Users also have responsibilities to maintain the security of the Website, Services and Products. You are prohibited from violating or attempting to violate the security of the Website or any Service or Product by (a) accessing information not intended for You or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, provider, host or network, including but not limited to, submitting any malware, virus to the Website. overloading, “flooding,” “spamming,” “mail‑bombing” or “crashing” or other malicious or illegal act of any description. You shall not use any device, software, script or routine to interfere or attempt to interfere with the proper working of Website or any activity being conducted on the Website. You shall not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than through generally-available third-party web browsers (for example, Microsoft Edge, Firefox, Google Chrome, etc.)

    ClaimFox reserves the right to investigate and take such action as it deems necessary regarding any activity that it suspects is intended to violate the security of the Website, Services and Products. If, at ClaimFox’s sole discretion, it appears that You have violated the Terms of Use or acted in any way that interferes or is intended to interfere with the functioning of the Website, Service or Product, or another’s lawful access and use thereof, ClaimFox may take any action it deems appropriate to prevent further interference, including but not limited to immediate suspension and/or cancellation of Your access thereto. You may be civilly or criminally liable for such violations. ClaimFox will cooperate with law enforcement authorities in prosecuting any individual or entity involved in such violations.

17. your license to access and use the website and services and products

Subject to Your acceptance of, and compliance with these Terms of Use and Incorporated Notices, as may be periodically amended, ClaimFox hereby grants You a non-exclusive, non-transferable limited license to access and make personal non-commercial use of the Website, the Services and Products and their contents only to the extent commensurate with Your role as a Client or Requestor. This license does not entitle You to any resale or commercial use of the Website, the Services or Products, or their contents; any derivative use of this Website, Services or Products or their contents; any downloading or copying of account information for the benefit of any person other than to enable the functions of the Website, Services and Products and then, only for that purpose; or any use of data mining, robots or similar data gathering and extraction tools, which are expressly forbidden for any purpose whatsoever. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create, derivative works from, transfer, or offer for sale any information contained on, or obtained from Website, the Services or Products or any portion thereof. ClaimFox will investigate and take appropriate legal action, including civil and criminal redress, for any misuse and fraudulent activity on the Website.

18. content contributed by you or other users

From time to time, ClaimFox may provide opportunities for You to communicate with others through the Website, Services or Products, such as through blogs, chat rooms, endorsements, postings, emails, etc. (“User Content”) ClaimFox reserves the right to accept, reject, or remove any and all User Content at its sole discretion and for any reason. You understand and agree that ClaimFox’s exclusive role in connection with User Content is solely as a limited use software provider and that ClaimFox is not and will not be liable for any User Content or any Website content that is authored or submitted by anyone other than ClaimFox.

You understand and agree that by submitting User Content, You are consenting to its public dissemination. As a condition of Your submission of User Content to the Website, You hereby warrant, promise, and agree that:

  1.  You have registered with ClaimFox after providing complete and accurate personal and contact information as required for registration of a User Account and that the information You have provided is up to date and accurate when You submit User Content for consideration;
  2. You own or have all necessary licenses, rights, consents, and permissions to use and to authorize ClaimFox to use Your User Content, including, but not limited to, any necessary patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights in the User Content; 
  3. You have the written consent, release, and/or permission of each identifiable individual person in the User Content to use and to authorize ClaimFox to use the name or likeness of each such identifiable individual person in the User Content; 
  4. By submitting the User Content to ClaimFox You agree to be bound by all terms set forth in these Terms of Use and Incorporated Notices; 
  5. You have the right to, and hereby, assign to ClaimFox a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your User Content in any media formats and through any media channels in connection with ClaimFox’s Website, Services or Products; 
  6. You hereby agree to indemnify and hold harmless ClaimFox from any and all claims of whatever nature that may arise from, in connection with, or be related to, Your User Content, including, but not limited to, any claim that You made an impermissible use of the User Content, did not have the necessary licenses, permissions or releases for Your User Content or lacked the requisite authority to grant ClaimFox permission or license as to the use of Your User Content as provided for above.

19. user warranties

As a User, You agree that You will not, under any circumstances, use the Website or any related Services or Products provided by ClaimFox to do the following:

  1. You will not make available any material that is protected by another’s copyright, trademark, trade secret, or other intellectual property right, or is otherwise subject to third-party proprietary, privacy or publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant ClaimFox all required license rights. For further information see ClaimFox’s COPYRIGHT AND INTELLECTUAL PROPERTY NOTICE;
  2. You will not make available any material that is false, misleading, harmful, abusive, tortious, vulgar, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or sexually or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate;
  3. You will not cause harm, of any type, to minors;
  4. You will not submit materials or post links to advertisements or solicitations of business without ClaimFox’s prior express and written permission;
  5. You will not intentionally or unintentionally violate or aid others in the violation of any applicable local, state, national or international law or regulation;
  6. You will not enable or assist in the transmission of “junk mail,” “chain letters,” “pyramid schemes,” unsolicited mass mailings, instant messaging, “spimming,” or “spamming” or any other form of improper or illegal solicitation now known or that may be developed in the future;
  7. You will not “stalk” or otherwise harass another person or assist another in doing so;
  8. You will not access the Website, Services or Products in order to collect or store private or personally identifying information about others for unlawful or inappropriate purposes or for any purpose other than those for which private, personally identifying or personal health information, including PHI and PII, in permitted to be possessed, accessed, used or processed by You as a Client or Requestor;
  9. You will not misrepresent or assist others in misrepresenting the origin of any Website content provided by ClaimFox or another User;
  10. You will not impersonate any person or entity, including, but not limited to, ClaimFox’s officials, employees, consultants, or otherwise misrepresent Your affiliation with any person or entity;
  11. You will not make available any material that You are prohibited from disclosing because of Your contractual or fiduciary relationship with another individual or entity or as a matter of law or regulation;
  12. You will not make available or distribute any materials, computer code or “malware” that facilitates hacking, or that is intended to interfere with or destroy the functionality of any website, computer software, hardware or telecommunications equipment or to interfere with the performance or functionality of this Website or any other website, including, but not limited to, ransomware, software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information, any other form of improper or illegal malware now known or that may be developed in the future.
  13. You will not download data from any ClaimFox’s Website, database or platform through automated means, including spiders, robots, crawlers or other automated means now known or that may be developed in the future;
  14. You will not harvest, modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Website content of any description;
  15. You will not sell, distribute, or make any use of, commercial or otherwise, information, content or data obtained from ClaimFox in a manner which could be expected to offend the person for whom it is relevant;
  16. You will not create and maintain a ClaimFox user profile that contains hyperlinks to content not permitted on the Website;
  17. You will not disrupt the normal flow of dialogue in a chat room, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
  18. You will not interfere with or disrupt the Website or the servers, or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  19. You will not access the Website, Services or Products after Your access has been terminated by ClaimFox;
  20. You will not make available any materials, or act in any manner that is offensive to the ClaimFox community or the spirit of these Terms of Use.

You acknowledge and agree that ClaimFox may, but is not required to, monitor Your conduct in connection with the Website, Services and Products. You agree that ClaimFox may remove any materials submitted by You, including but not limited to Your User Content, restrict and block Your access to the Website, Services or Products and/or terminate any or all other agreements between You and ClaimFox, if ClaimFox, in its sole discretion, determines that you have taken actions in violation of these Terms of Use and/or any other agreement between You and ClaimFox You understand that in the event of termination for any cause, You will not be entitled to a refund of fees, if any, paid by You to ClaimFox and will be required to make all payments that remain outstanding at the time of the termination.

You understand and agree that ClaimFox may, to the fullest extent permitted by law, access, preserve and disclose Your identifying information in its possession, including, if applicable, email address, Password and/or User Account information, if ClaimFox determines that it is necessary to do so in order to comply with apparently valid legal proceedings, to process a good faith complaint by a third-party that You have violated these Terms of Use, or to protect the legal rights, property or personal safety of ClaimFox, its Users and the public at large.

20. your indemnification of claimfox

You understand and agree that You will indemnify, defend and hold harmless ClaimFox from any and all liability, expense, cost fine, settlement or judgement, including without limitation, reasonable attorneys’ fees and legal expenses incurred alleged to be connected with, arising out of or in any way related to Your User Content, Your use of the Website, Services or Products, Your access, use, sharing or processing of PHI, PII or other sensitive, privileged, confidential or propriety data or information in excess of or for purposes other than the purposes that You advised ClaimFox You were permitted or authorized to access, use, share or process that data or information using the Website, Services or Products; or Your breach of the User’s Warranties, warranties provided by You as a Requestor, or other any other provision of these Terms of Use and/or Incorporated Notices.  

21. changes to terms of use

ClaimFox reserves the right to update, change, modify, add, delete, revise, or replace any part of these Terms of Use or any Incorporated Notices at any time. In such event, ClaimFox shall provide notice to Users by posting the changes on the Website 30 days prior to the change becoming effective. Such changes are effective, and You agree to be bound by such changes, when You “click” the Accept button upon accessing or using the Website, Services or Products, when You submit User Content, or 30 days from the date that the changes are posted to the Website, whichever is earliest.

We recommend that You regularly check the Terms of Use when visiting the Website or accessing Services or Products, as these Terms of Use may have changed since you last did so.

22. dispute resolution by arbitration

Despite our best efforts, there may be occasions when a dispute arises between ClaimFox and You. These Terms contain a binding dispute resolution agreement (“Dispute Resolution Agreement”) that explains the process by which any dispute will be resolved through private, individual arbitration.

Binding Arbitration.

Any controversy or claim concerning, arising out of or relating or in any way connected to these Terms of Use, the Incorporated Notices, or the Website, Services or Products (including as to arbitrability) shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, except to the extent that they conflict with the terms of this Terms of Use, in which case, these Terms of Use take precedence and shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You may access AAA Rules on the AAA website. See, https://www.adr.org/sites/default/files/CommercialRules_Web-Final.pdf.

Waiver of Court and Jury.

YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO RESOLUTION OF ANY DISPUTE OR CLAIM BETWEEN US IN A COURT OF LAW BY A JUDGE OR JURY. YOU AND WE AGREE THAT ANY DISPUTE OR CLAIM OF ANY DESCRIPTION REGARDING, ARISING OUT OF, CONNECTED TO OR IN ANY WAY RELATED TO THESE TERMS, THE WEBSITE, SERVICES OR PRODUCTS SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. CLASS ACTIONS AND CLASS ARBITRATIONS ARE NOT PERMITTED.  

Governing Law. This Dispute Resolution by Arbitration, arbitrability and any arbitration between us shall be governed by the U.S. Federal Arbitration. The arbitrator(s) shall apply New York law to determine the substantive rights, interest’s claims and defenses of the Parties that are raised in the Arbitration, without regard to New York’s conflict of law or arbitration principles.

Location of the Arbitration. The Arbitration shall be conducted at the location of the arbitrator(s) in or no more than 70 miles from the Town of Ronkonkoma, County of Suffolk, and State of New York as the parties may mutually agree. If mutually agreed to by the parties, the arbitration may be conducted by videoconference, teleconference, or by a document-only arbitration without any hearing.

Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Survival. This Dispute Resolution Agreement survives termination of these Terms or Your relationship with ClaimFox.

23. general provisions

Relationship of the Parties. You and ClaimFox are independent contractors. There is no partnership, agency or joint venture relationship between You and Us.

Location of Negotiations and Services. You agree that the Website, the Services, Products, and the marketing, sale or distribution of any and all Website and Services, Products, including the negotiation and agreement of these Terms of Use, Incorporated Terms, and any other agreement between You and ClaimFox, shall be deemed to have occurred solely and exclusive within the County of Suffolk, the State of New York, United State of America.

Choice of Law. You hereby agree that these Terms of Use, the Incorporated Terms, and any other agreement between You and ClaimFox shall be exclusively governed by and interpreted the laws of the State of New York, United States of America, regardless of where You, any of ClaimFox’s representatives or agents, or ClaimFox’s servers may be located (except to the extent that New York choice of law principles would require application of any other law).

Jurisdiction and Forum. You hereby agree that, in the extent that the Dispute Resolution by Arbitration above does not apply, any dispute that arises under, is connected to or relates in any manner to, these Terms of Use, the Incorporated Terms, the Website, Services or Products or any other agreement between You and ClaimFox shall be subject to the sole and exclusive jurisdiction of the Federal or State courts located in the State of New York, County of Suffolk and You hereby irrevocably consent to and submit to their jurisdiction to hear and determine any such dispute.

International Use. Although this Website may be accessible worldwide, ClaimFox makes no representation that the Website, Services and Products are appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations, do so on their own initiative and at their own risk. If You choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including, but not limited to, the taxation of Products or Services purchased over the Internet.

Void Where Prohibited. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.

Use By Children. We do not offer products or services directly to children under 18. By using this Website and/or the Services, You are representing to Us that You are 18 years or older. We will not be liable for any damages that may result from a misrepresentation of age by a user of our website.

Force Majeure. In addition to any excuse provided by applicable law, ClaimFox shall be excused from liability for non-delivery or delay in access to the Website or delivery of Services or Products arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, interruptions in supply chain, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, public health emergency (including but not limited to Covid-19) and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated hereinabove.

Specific Performance. You acknowledge that a breach of these Terms of Use or other agreement between You and ClaimFox will cause irreparable injury and that money damages may be inadequate to remedy the injury to ClaimFox. Therefore, in the event of a breach or threatened breach, ClaimFox will be entitled to equitable relief, including injunctive relief and specific performance, without the posting of a bond or other security, and without proof of actual damages.

No Third-Party Rights. Nothing in these Terms of Use creates any right in any person not a party to the Terms of Use, and the Terms of Use shall not be construed in any respect to be a contract in whole or in part for the benefit of any third person.

Severability of Provisions. If any provision of the Terms of Use, Incorporated Notices or other agreement between Us is determined to be invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect to the extent that performance of the remaining terms is not rendered impossible.

Waiver. Failure to exercise, or any delay in exercising, any right or remedy provided under this or any agreement between You and ClaimFox or by law shall not constitute a waiver of that or any other right remedy, nor shall it preclude or restrict any further exercise of that right or any other remedy in the future against You or any other individual or entity.

Notices. Notices by ClaimFox to You may be given by means of general posting on the Website, or by conventional mail or email at the addresses that You provide in Your User Account. It is Your responsibility to ensure that ClaimFox continues to have up-to-date contact information for You.

Notices by You to ClaimFox may be given by electronic messages, conventional mail, or telephone unless otherwise specified in these Terms of Use or any other agreement between You and ClaimFox.  

ClaimFox’s contact information is as follows:

By US Mail
ClaimFox, Inc.
905 Marconi Ave.
Ronkonkoma, NY 11779

By Telephone
631-205-1200

By Email
info@claimfox.com

Binding Provisions. These Terms of Use and Incorporated Notices are binding and inure to the benefit of the parties and their respective heirs, executors, administrators, personal and legal representatives, affiliates, successors, and permitted assigns.

Assignment. You agree that You may not assign Your rights or obligations under the Terms of Use or any agreement between You and ClaimFox without the prior, written consent of ClaimFox

Headings. The descriptive headings of the sections and subsections of the Terms of Use are for convenience only and do not affect the interpretation or construction of the Terms of Use.

Complete Agreement. These Terms of Use, including the Incorporated Notices, constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. To the extent that anything in or associated with the Website, Services or Products is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

Merger. All prior and contemporaneous negotiations and agreements between You and ClaimFox concerning the Website, Services or Products are expressly merged into and superseded by these Terms of Use and may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealings. You warrant that You have not relied upon any statement, representation, warranty, or agreement, except for those expressly contained in the Terms of Use.

Version 1.1

Eff. Date 04/1/2022

PROHIBITION OF RE-DISCLOSURE

This Prohibition of Re-Disclosure is incorporated into the Terms of Use. All terms defined in the Terms of Use shall have the same meaning when used herein unless otherwise noted.

Requestors may receive Records that contain confidential, personal, private, privileged, or sensitive information concerning the Subject of the Request, (such as concerning the Subject’s medical, health or employment, etc.) the privacy of which may be protected from disclosure by federal and/or state law. Applicable law or laws may also prohibit You from making any further disclosure without the specific written authorization by the Subject or their authorized representative, or as otherwise permitted or required by law. A general authorization for release of information may not be sufficient for this purpose unless it conforms to the specific requirements of the applicable law or laws. Based upon guidelines outlined by the American Health Information Management Association, these records should be destroyed after the stated need has been fulfilled.

As a condition of Your access to the requested Record, You represent, warrant and agree that You will not re-disclose any Record or portion or information contained therein that is provided to you as a Requestor, except as permitted by federal or state law or as expressly authorized by the Subject and that You will not use or access the Record or the information contained therein for any purpose other than the purpose for which You were permitted to access it. You further represent, warrant and agree that You will maintain the Record in a reasonably secure manner to protect it from unauthorized access while it is in your possession and shall safely dispose of it so as to prevent unauthorized access after the purpose for which the Record was provided has ended and any required legal retention period has expired.

You acknowledge that any further disclosure of the Records by You that is not in accordance with applicable federal and state law may result in civil and/or criminal penalties.

You agree to defend and indemnify ClaimFox in regard to any allegation, claim, dispute, or action of any description or in any forum, which arises from, relates to or is anyway connected to an allegation that You have improperly and/or illegally re-disclosed a Record or portion thereof, or private information contained therein, or the representations and warranties forth above.

COPYRIGHT AND INTELLECTUAL PROPERTY NOTICE

This Copyright and Intellectual Property Notice is incorporated into the Terms of Use. All terms defined in the Terms of Use shall have the same meaning when used herein unless otherwise noted.

It is the goal of ClaimFox to respect the copyright and intellectual property rights of others by complying with U. S. intellectual property laws. This Copyright and Intellectual Property Notice shall be governed by and interpreted under the intellectual property law of the Unites States of America, including, where applicable, the Digital Millennium Copyright Act. (“DMCA”).

You may wish to consult with legal counsel regarding any right or interest that you may have concerning copyright or other intellectual property rights that You may have or may have violated. Nothing here is intended to substitute for qualified legal advice.

Notice of Claimed Infringement:

If you believe that any content on the Website and related Services or Products, infringes on Your or someone else’s copyright, You, (as the owner or rights holder) should send a notification to Our Designated Agent by mail or email at the address set forth below.

To file a notice regarding claimed infringing material, please provide the following information:

  1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s) or URL(s);
  2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing your works (e.g., file name or URL of the pages that contain the material);
  3. Your or Your representative’s contact information, so that we can contact You or them (e.g., name, address, telephone number and email address);
  4. A statement that You have a good-faith belief that the use of the material identified above in subparagraph 2 is not authorized by the copyright owner, its agent or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that You or Your representative is authorized to act on behalf of the copyright owner; and
  6. Your or Your representative’s electronic signature.

Notice may be sent:

By US Mail
Hoffmann & Baron, LLP
Attn: Anthony E. Bennett, Esq.
ClaimFox DMCA Notice
6900 Jericho Turnpike Suite 200
Syosset, NY 11791-4407

By Telephone
516-822-3550

By Email
aebdocket@hbiplaw.com
In subject line state: “ClaimFox DMCA Notice”

If We receive a valid notice, We will remove the allegedly infringing material or disable access to it on the Website. We will also make a good-faith effort to notify the person who posted the content that a claim of infringement has been made and that the person may file a counter-notification if that person chooses to do so.

You may be required to meet additional legal requirements or may have certain additional rights or obligations under applicable United States law. Your failure to fulfil all such requirements may relieve Us from taking any action in response to Your Notice.

Counter-Notification:

If material that You have posted to the Website has been taken down, You may file a counter-notification that contains the following details:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  2. A statement, under penalty of perjury, that You have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  3. Your or Your representative’s name, address, telephone number, and email address;
  4. A statement that You consent to the jurisdiction of the United States District Court for the Eastern District of New York and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person; and
  5. Your or Your representative’s physical or electronic signature.

Counter-Notice may be sent to:

By US Mail
Hoffmann & Baron, LLP
Attn: Anthony E. Bennett, Esq.
ClaimFox DMCA Counter-Notice
6900 Jericho Turnpike Suite 200
Syosset, NY 11791-4407

By Telephone
516-822-3550

By Email
aebdocket@hbiplaw.com
In subject line state: “ClaimFox DMCA Counter-Notice”

If ClaimFox receives a valid Counter-Notice, We will make a good-faith effort to promptly provide a copy of the Counter-Notice to the person who filed the Notice at the address the person provided and thereafter follow the procedures provided in the DCMA.

You agree that ClaimFox will not be a party to any further dispute or lawsuit regarding the alleged infringement and that ClaimFox will not be liable to You or any other party for its acts in removing or replacing any Website content in response to a Notice or Counter Notice.

ClaimFox will not adjudicate or decide any claim of infringement or defense thereto.

Version: 1.1

Eff. Date: 04/18/2022

CLAIMFOX ACCESSIBILITY STATEMENT

This Accessibility Statement is incorporated into the Terms of Use. All terms defined in the Terms of Use shall have the same meaning when used herein unless otherwise noted.

It is ClaimFox’s goal that it’s Website, Services and Products be useful, aesthetically pleasing and reasonably accessible to the widest audience possible. ClaimFox has and will continue to invest in improving the accessibility of the Website, its Services and Products for all Users and is committed to achieving substantial conformance with standards.

However, the Website, the Services, Products, and their contents are dynamic, and technology is constantly evolving. It is impossible to ensure that unforeseen issues may not arise that may affect the ability of some individuals to access some or all Website, Services or Product content. Additionally, ClaimFox cannot and does not make any representation or warranty that User contributed content, third-party content or third-party websites to which We provide links will be accessible for Your purposes.

If you are having any difficulty using the Website, please contact Us by phone or email directly at so that we may assist you.

Via Telephone
631-205-1200 x555

Via Web
https://www.claimfox.com/requestor-support

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