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Terms and Conditions of use of the eAppeals LLC Web Site

Welcome to "eAppeals".

Each time you enter www.eAppeals.com (the "Site"), you agree to automatically consent to the terms set forth herein, as modified from time to time. eAPPEALS reserves the exclusive right to modify this policy at any time without notice, and you are encouraged to review this policy each time you enter the Site.

Legal Information
Copyright & Trademark Information
Privacy Policy

Legal Information
The Site is owned by eAPPEALS LLC. The mailing address is eAPPEALS LLC, 4000 Hollywood Blvd, Suite 160N, Hollywood Fl, 33021 USA; and the fax is (954) 893-3970.

You agree that your access to and use of the Site are subject to the terms and conditions set forth in this legal notice, any applicable eAPPEALS licensing and/or subscription agreement, and applicable laws. The terms and conditions herein are subject to change at any time without prior notice. Any such changes will be reflected on the Site. The Site may contain typographical errors or inaccuracies and may not be complete or current. eAPPEALS, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Your access to and use of the Site is undertaken at your own risk.

THE SITE, AND ANY INFORMATION OR CONTENT ON THE SITE, ARE PROVIDED "AS IS," WITH ALL FAULTS. eAPPEALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER EAPPEALS NOR ITS AFFILIATES, NOR THE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, ADVISORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THE SITE, PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON THE SITE OR THROUGH ANY OTHER WEB SITE LINKED TO THE SITE, ANY FAILURE OF PERFORMANCE, ERROR OMISSION, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR BREACH OF ANY TERM HEREIN. THIS LIMITATION OF LIABILITY APPLIES TO ALL DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF eAPPEALS OR ANY OF THE FOREGOING PARTIES IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. IN NO EVENT SHALL DAMAGES EXCEED THE LESSER OF (A) THE ACTUAL AMOUNT PAID BY YOU DIRECTLY TO eAPPEALS FOR A SINGLE USER TRANSACTION PURSUANT TO A WRITTEN LICENSING AND/OR SUBSCRIPTION AGREEMENT OR (B) $100.00.

eAPPEALS HAS ATTEMPTED TO TRACK AND APPLY ALL GOVERNING RULES AND REGULATIONS REGARDING HEALTHCARE APPEALS. THESE RULES REGULARLY CHANGE AND ARE MODIFIED FROM TIME TO TIME; SOME RULES ARE NOT AVAILABLE AND SOME HAVE NOT BEEN LOCATED; IN THESE SITUATIONS, eAPPEALS APPLIES COMMON TIME FRAMES OR MODEL REGULATIONS. eAPPEALS DOES NOT REVIEW OR APPROVE THE CONTENT OF ANY APPEAL. ANY QUESTIONS REGARDING YOUR PARTICULAR APPEAL OR ANY SPECIFIC RIGHTS THAT YOU MAY HAVE SHOULD BE DIRECTED TO YOUR ATTORNEY. THE FILING OF AN APPEAL THROUGH THIS SITE DOES NOT TOLL OR EXTEND THE TIME FOR YOU TO FILE CERTAIN CLAIMS, INCLUDING LAWSUITS. YOU AGREE BY USING THIS SITE THAT eAPPEALS IS NOT LIABLE FOR THE FAILURE TO APPLY ANY REQUIRED REGULATORY TIME FRAME OR TO OTHERWISE PROPERLY PROCESS YOUR APPEAL.

eAPPEALS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT ANY WEB SITE THAT YOU MAY ACCESS THROUGH THE SITE. Any such WEB SITE is independent from the Site, and eAPPEALS has no control over, or responsibility with respect to, the information provided or activities undertaken by any such WEB SITE A link between the Site and another WEB SITE does not mean that eAPPEALS endorses that WEB SITE. You need to make your own independent decisions regarding your interactions or communications with any other WEB SITE.

Copyright & Trademark Information
© 2001 eAppeals LLC. ALL RIGHTS RESERVED.

All content, graphics, code and software used on or incorporated into the Site, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to eAPPEALS, and all rights, title and interest thereto are specifically reserved. Permission is granted to electronically copy and print hard copies of pages from the Site solely for educational, personal and non-commercial purposes, and any such copies must bear the copyright notice stated above. Any other use of the Site or content or information contained in the Site is strictly prohibited, unless the prior written permission of eAPPEALS is obtained.

The Site, as well as trade names, marks, page headers, custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, trade secret, copyright and or other proprietary or intellectual property rights or licenses held by eAPPEALS or its affiliates. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.

Please note that any information, materials, suggestions, ideas or comments sent to the Site will be deemed non-confidential, and, by submitting any such information, you are granting eAPPEALS an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. You agree we will have no obligation to use your name in connection with any such materials, information, suggestions, ideas or comments.

Service and License

Subject to the terms and conditions of this Service Agreement, eAppeals grants to you a personal, non-sublicensable, non-exclusive license to use the Site and proprietary software, in object code form only, and only in accordance with this agreement.

Prohibited Use

You agree not to allow any third party to use your user identification to access the Site. You also agree not to use the Site or any services provided on or through the Site for any commercial purpose or, in any manner, which is competitive with the services provided by eAppeals or its affiliates.

You agree not to use the Site or any service thereon: (1) in connection with chain letters, junk email, junk phone messages, junk faxes, spamming, or any duplicative or unsolicited messages (commercial or otherwise); (2) to harvest or otherwise collect information about others, including email addresses, without their consent; (3) to create a false identity or forged email, telephone, or facsimile address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (4) to transmit unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature; (5) to transmit any material that may infringe the intellectual property rights or other rights of eAppeals or third parties, including trademark, copyright, or right of publicity; (6) to libel, defame or slander any person or entity, or infringe any person’s publicity or privacy rights; (7) to transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; (8) to violate any U.S. law regarding the transmission of technical data or software exported from the United States; (9) to interfere with or disrupt networks connected to the services, or violate the regulations, policies or procedures of such networks; (10) to attempt to gain unauthorized access to the services, other accounts, computer systems, or networks connected to the services, through password mining or any other means; (11) to interfere with another person’s use and enjoyment of the services or the Site or another entity’s use and enjoyment of similar services; or (12) to engage in any other unlawful activity or any activity that eAppeals reasonably believes could subject it, its affiliates or users to civil or criminal liability, penalty or judgment.

Investigations of Prohibited Use & Criminal Violations

eAppeals may investigate violations involving the prohibited use of the Site or the services as described able. eAppeals may also cooperate with law enforcement authorities in the investigation of suspected criminal violations.

eAppeals reserves the right to investigate such claims itself and to be reimbursed from the user for all costs reasonably incurred by eAppeals thereby.

You agree to defend and indemnify eAppeals and any of its suppliers, partners or affiliates for any loss or damage they may suffer as a result of your breach of any term of this agreement, and you will cooperate as reasonably required in the defense of any claim. eAppeals reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of eAppeals.

Security

eAppeals attempts to provide a secure environment for the storage of your personal data. From time to time, the Site implements the use of encryption software to provide for secure transmissions of data. While eAppeals uses all commercially reasonable efforts to safeguard the confidentiality of your personal data, transmissions made by use of the Internet and stored on computers connected to the Internet cannot be guaranteed to be secure. eAppeals does not guarantee the security of the Site or the security of any transactions occurring therein.

Applicable Law & General Terms

This Site was created and is kept and controlled by eAppeals LLC, located in Hollywood, Florida, USA. eAppeals makes no representation that materials on this Site are appropriate or available for use in other locations. If you access this Site from another location, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent they are applicable. By accessing this Site, you and eAppeals both agree the laws of the State of Florida and of the United States will govern all matters relating to this Site, without giving effect to any principles of conflict of laws. By accessing and using the Site, you acknowledge you have read this agreement, understand its terms, and that you consent to the exclusive jurisdiction and venue of the state courts of Miami-Dade County, Florida, and federal courts in and for the Southern District of Florida, in all disputes arising out of or relating to the use of the Site. If any provision of this agreement shall be deemed unlawful by a court of competent jurisdiction, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. In the event eAppeals brings litigation to enforce the provisions of this agreement, eAppeals shall be entitled to reimbursement for reasonable attorneys' fees and costs at trial and on appeal. This agreement is the entire agreement between you and eAppeals relating to the matters contained herein.