The terms for using payerworks.com.

Sending the form, asking a question or describing what you want to connect does not make your organization a customer or a trading partner of Payerworks, does not open a connection, and creates no contractual obligation on either side. A connection exists only once an agreement is signed, keys are exchanged and a person at Payerworks has switched the pair on after your acceptance. A test key from the Developers page is not a connection either: it reaches the engine and the sandbox payer, never a real payer, and Payerworks may revoke it at any time. Nothing on the Site is an offer to carry a particular payer’s files, and nothing on it promises that a particular lane is open today; the page that says where Payerworks stands is the one to read.

You may read the Site, use its form to reach us, ask for a test key, and use the console and the tools with your own key and invented data. You may not:

• submit false, misleading or impersonated information through a form
• send patient information, a member identifier, a claim number or any other real identifier through a form, the console, the sandbox, a test key or by email
• ask for more than one test key for one person, or use a test key for anything but testing with invented data
• probe, scan or test the Site or the systems behind it for vulnerabilities, or attempt to gain access to any system, account or file that is not yours
• copy the Site’s content in bulk, republish it, or use it to train an automated system without our written consent
• use the Site to send unsolicited messages, or interfere with its operation or with another person’s use of it

The Site, its words, its design, its name and its marks belong to Payerworks or its parent and are protected by law. You may read and share links to the Site freely. Nothing on it grants a license to any software, specification, format or service, and nothing on it may be reproduced for a commercial purpose without written consent. The names of standards bodies, payers and other organizations the Site mentions belong to their owners.

Some answers of the Payerworks API name a document type by its LOINC code and its LOINC name, used under LOINC’s license, which asks for this notice in these terms. This material contains content from LOINC (http://loinc.org). LOINC is copyright © Regenstrief Institute, Inc. and the Logical Observation Identifiers Names and Codes (LOINC) Committee and is available at no cost under the license at http://loinc.org/license. LOINC® is a registered United States trademark of Regenstrief Institute, Inc.

The Site describes how Payerworks works and where it stands. It is not legal, compliance, coding or reimbursement advice, and it is not a representation about any payer’s policy, any transaction’s acceptance or any claim’s payment. A decision that carries compliance, legal or reimbursement consequence should be made with qualified counsel and the governing documents of the payer concerned.

Payerworks states on the Site only what the product does today, and says in plain words where a lane is still opening. The Site names no independent attestation until one is issued.

What the Site collects and what the clearinghouse holds are described in the privacy policy, which is part of these Terms. The files the clearinghouse carries are governed by the agreements described above and by HIPAA, not by the Site’s policy.

The Site links to its parent’s site and may link to a standards body, a payer or a regulator. Those sites are not ours, we do not control them, and a link is not an endorsement. Their terms and their privacy practices are their own.

The Site is provided as it is and as it is available. To the fullest extent the law allows, Payerworks disclaims every warranty about the Site, express or implied, including any warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement, and does not warrant that the Site will be uninterrupted, error-free or free of harmful components. Nothing in this section limits a warranty given in an executed agreement.

To the fullest extent the law allows, Payerworks and its parent, officers, employees and agents are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue or lost reimbursement, arising out of or relating to the Site or your use of it, even if advised of the possibility. This limitation does not apply to liability that cannot be limited under applicable law, and it does not apply to obligations under an executed services agreement, business associate agreement or trading partner agreement, which are governed exclusively by those agreements.

You agree to defend, indemnify and hold harmless Payerworks and its parent from any claim, loss or expense, including reasonable attorneys’ fees, arising out of your breach of these Terms, your misuse of the Site, or information you submit through it that you had no right to submit.

These Terms are governed by the laws of the State of Florida, without regard to any conflict-of-law rule that would apply the law of another jurisdiction. Any dispute arising out of or relating to these Terms or the Site must be brought exclusively in the state or federal courts located in Pinellas County, Florida, and you consent to the personal jurisdiction and venue of those courts. This is the same law and venue the agreements Payerworks signs with its customers select, so that the documents a reviewer holds side by side agree.

If any part of these Terms is held unenforceable, the rest remains in effect and the part is read as narrowly as the law requires. A failure to enforce a term is not a waiver of it. These Terms and the privacy policy are the whole agreement about the Site; an executed agreement is the whole agreement about the services.

Payerworks may revise these Terms. A revision is posted here with a new effective date, and continued use of the Site after that date is acceptance of the revised Terms. An executed agreement is not changed by a change to these Terms.

Questions about these Terms, the privacy policy or a request under either go through the form on any page of this Site, or to the contact named in your agreement. A person replies by email.