Effective Date: October 1, 2012
If you do not agree to the terms of this Agreement, you may not access or use the Site. To the extent a health care plan or other organization requires your use of the Site in order to enroll for EFT and ERA from that plan or organization, this may mean that you will be unable to begin or continue receiving payments or related information through EFT and ERA.
1. Use of the Service
By using the Service, you authorize and direct CAQH as your agent to transmit data that is held in The CAQH Solutions EnrollHub (“Data”) with entities that participate in the Service for the purpose of enrolling you in EFT and ERA with healthcare organizations, health plans and other participating organizations (collectively, “Data Recipients”).
BY REGISTERING AT THE SITE, YOU AUTHORIZE CAQH TO ACT AS YOUR AGENT TO TRANSFER THE DATA TO ONE OR SEVERAL DATA RECIPIENTS YOU DESIGNATE FOR THE PURPOSE OF REGISTERING WITH THOSE DATA RECIPIENTS TO RECEIVE EFT PAYMENTS AND ERAS FROM THEM. YOU ALSO AUTHORIZE CAQH FROM TIME TO TIME TO MODIFY OR SUPPLEMENT THE DATA TO DATA RECIPIENTS YOU DESIGNATE.
You understand that you may also grant (or have already granted) additional rights to a Data Recipient, including additional rights to use your Data, through a separate agreement with that Data Recipient. However, you may not limit CAQH’s rights to provide Data as provided in this Agreement through such a separate agreement directly with a Data Recipient. You acknowledge that in some cases, a Data Recipient may require additional information or actions to comply with that Data Recipient’s enrollment requirements to receive EFT payments and ERAs. Any such additional conditions imposed by a Data Recipient are subject to a separate agreement between a Data Recipient and a Provider and not by the terms of this Agreement. If you have questions or concerns in this regard, please contact the applicable Data Recipient.
You acknowledge and agree that the authorizations granted under this Agreement to receive EFT payments and ERAs are ongoing in nature, provided that you may discontinue the receipt of EFT and ERA from a particular Data Recipient’s by: (i) directly notifying such Data Recipient; or (ii) using the Service to cancel your EFT and ERA registration.
2. Functionality of the Service
In accordance with the terms of this Agreement, including the directions and requirements contained on the Site, you may register for EFT and ERA transactions with Data Recipients that have agreed to receive the Data you enter on the Site. Among other things, you may register to receive EFT payments and ERAs with one or several Data
Recipients, modify a registration, and/or cancel a registration.
You agree that any modification or cancellation to an existing registration shall not become effective until the respective Data Recipient and depository institution have had a commercially reasonable time to effect the modification or cancellation.
3. Your Login and Account Information
You are required to use a username and password in order register and to access portions of this Site. When registering at the Site, you may designate one or several representatives to be authorized to utilize the site as your authorized agent, and must assign each such authorized agent with their own separate username and password. You are responsible for the use, maintenance and security of your username and password, and those of your authorized agents, and for the changes to or disclosure of your information using your username or password. If CAQH receives a request to disclose, alter, amend, or delete your information and your username and password are provided, you agree that CAQH may take the requested action and that such action will be fully authorized by you.
Without limiting the foregoing paragraph, you are also responsible for verifying all information entered on your behalf through the Site. CAQH does not perform any independent verification of information or Data entered, including mistakes, omissions or other errors.
Each time you use the Site, you certify that all Data provided by you as part of the Service to enroll in EFT and ERA will at all times be current, true, correct, accurate and complete to the best of your knowledge and belief, and will be furnished in good faith. You agree to notify a Data Recipient within 10 days of any material changes to the information by updating your Data using the Service. Corrections to any Data are permitted at any time, and must be submitted online in accordance with the instructions set forth at the Site. You acknowledge and agree that any material misstatement or omission in the Data may constitute grounds for denial of EFT and ERA and/or immediate suspension or termination of EFT payments and ERAs by a Data Recipient.
5. Rules and Limits on and Modifications to the Site
CAQH reserves the right, in its sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”), features, and/or hours of availability, and CAQH will not be liable to you or to any third party for doing so. CAQH may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. CAQH has the right to change these rules and/or limitations at any time, in CAQH’s sole discretion.
6. Security Rules and System Requirements
The Site contains system requirements for you to access the Site, including requirements for system securities protocols. You agree to comply with these requirements each time you access the Site.
Violations of system or network security may result in civil or criminal liability. CAQH will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for the applicable user or logging into a server or account which user such is not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited email, including promotions and/or advertising of products or services, or
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
7. Specific Prohibited Uses of the Site and the Services
The Site may be used only for lawful purposes by a Provider in accordance with the instructions set forth on the Site for the Services. You are responsible for your own communications, including the upload, transmission and posting of Data and other information, and are responsible for the consequences of their posting on or through the Site. CAQH specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Impersonating another person;
- Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
- Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
- Attempting to interfere in any way with the networks or network security, or attempting to use the service of the Site or CAQH to gain unauthorized access to any other computer system.
8. Intellectual Property Rights
The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, (“Materials”), are the property of CAQH or that of our agents, customers, or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws.
Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific written permission of CAQH. CAQH grants you a personal, nonexclusive, nontransferable license to access the Site and to use the information and services contained here.
Except as described in the immediately following paragraph, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. By using this Site you represent that you are a United States of America resident over the age of 18.
CAQH and all trademarks, titles, logos, characters and names that appear on this Site are proprietary trademarks that appear on this Site with permission. You may use trademarks only as is permitted by trademark law.
9. Consent to Processing in the United States
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
The content of this Site may not be appropriate or legal to use outside the United States. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports.
By choosing to access this Site from any location other than the United States, you accept full responsibility for compliance with all state and federal laws. This Site is hosted in and the data processed in the United States. By providing any personal information to the Site you understand and unambiguously consent to the collection and processing of such information in the United States.
10. Release from Liability and Representations and Warranties
You release from all liability and agree to defend and to hold harmless CAQH and any Data Recipient, and their respective officers, directors, employees, advisors and agents (collectively, “Agents”), and any other third party from any and all claims, liabilities, damages, costs and expenses, including reasonable fees for attorneys, for their acts performed in good faith and without malice unless such acts are due to the gross negligence or willful misconduct in connection with the gathering, release and exchange of, and reliance upon, information used in accordance with the terms of this Agreement. You further agree not to sue CAQH or any Data Recipient, or any of their respective Agents, or any other third party for their acts, defamation or any other claims based on statements made in good faith and without malice or misconduct of such Data Recipient, or their respective Agent(s) or a third party in connection with the registration and qualification processes for EFT enrollment using the Service.
You agree to defend, indemnify and hold CAQH and its Agents harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable fees for attorneys, in any way arising from, related to or in connection with your use of this Site, your violation of this Agreement or the posting or transmission of any materials on or through the Site by you, including but not limited to any third party claim that any information or materials you provide are inaccurate or infringe any third party proprietary rights.
THIS AGREEMENT CONSTITUTES A SERVICE AGREEMENT. CAQH DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, THE PROVIDER, OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHERWISE OF ANY SERVICES OR GOODS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SERVICES PROVIDED BY A THIRD PARTY. IN NO EVENT SHALL CAQH, A DATA RECIPIENT OR ANY OF THEIR RESPECTIVE AGENTS OR SUBCONTRACTORS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGE, EACH OF WHICH IS HEREBY EXCLUDE D BY THE PARTIES, REGARDLESS WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER ANY PARTY OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, CAQH’S CUMULATIVE LIABILITY FOR ALL LOSSES, CLAIMS, SUITS, CONTROVERSIES, BREACHES OR DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF THIS AGREEMENT AND THE USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, SHALL NOT EXCEED THE LESSER OF: (i) $1,000; OR (ii) THE AMOUNT OF FEES YOU HAVE PAID TO CAQH PURSUANT TO THE TERMS OF THIS AGREEMENT DURING THE PRECEDING TWELVE MONTHS.
Any inquiries concerning these Terms should be directed to: firstname.lastname@example.org
IMPORTANT – NO WARRANTIES
11. Applicable Law/Jurisdiction
You agree that the laws of the state of New York, excluding its conflictsoflaw rules, shall govern this Agreement. You acknowledge that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with CAQH or relating in any way to your use of the Site resides in the state and federal courts of New York County, New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of New York County.
In the instance of any dispute arising under or related to this Agreement, any party to this Agreement may elect to arbitrate any and all claims in binding arbitration pursuant to the rules governing commercial disputes by the American Arbitration Association, using one neutral arbitrator for claims of less than $100,000 and three arbitrators for claims exceeding $100,000. All parties agree that any such arbitration shall relate solely to a party’s claim and specifically shall exclude class claims and similar aggregated actions.
12. General Information
This Site is owned and operated by CAQH who is solely responsible for its content. You may contact us with any questions or concerns in connection with this Agreement by email to: info@CAQH.org.
Any claim or cause of action of whatever nature or kind that you may have with respect to CAQH or the Site must be commenced within one (1) year after the claim or cause of action arose.
CAQH does not assume responsibility or accept liability for any claims, damages or losses resulting from any use of information, ideas and opinions appearing on the Site. The Site is designed to facilitate enrollment by a Provider in EFT payment and ERAs by Data Recipients, and not to advance or sell any other product or service, except as to specific products or services that CAQH may offer on the Site in the future.
The failure of CAQH to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and CAQH agree that the court should endeavor to give effect to the intentions of the parties as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
You may not assign this Agreement or any of your rights or obligations under this Agreement without the express written consent of CAQH. This Agreement inures to the benefit of the successors, assigns and licensees of CAQH. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
© Copyright 2012 by CAQH. All rights reserved.