Welcome to Paradigm HealthCare Services’ website (our “Site”). This Site is operated by Paradigm HealthCare Services, LLC. We are located at 311 California Street, Suite 200, San Francisco, CA 94104 Our telephone number is (415) 616-0920.
1. Acceptance of Agreement
By browsing our Site, you agree to comply with and be bound by this Agreement without limitation or qualification. In addition, if you access our online LEA Billing Option, online MAA Program, or other online Medi-Cal billing services (collectively, the “Services”) through our Site, you are subject to additional terms and conditions with respect to the Services that are set forth in an agreement between you (or the school or company you work for) and us. Subject to the foregoing, this Agreement constitutes the entire and only agreement between us and you with respect to our Site, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Site, the content provided on our Site, and the subject matter of this Agreement. We reserve the right, at our sole discretion, to change or modify this Agreement at any time by posting the changes or modifications on our Site. You should review this Agreement prior to using our Site. Your continued use of our Site following the posting of changes or modifications will constitute your acceptance of the changed or modified Agreement. If you breach this Agreement, your right to use our Site will terminate automatically.
2. Limited Right to Use
Our Site contains information, text, images, audio and/or video files, and software (individually and collectively, the “Materials”). You may use our Materials only for your own personal use and information. We grant you permission to download, print and store selected portions of our Materials, provided that you retain all copyright, trademark, and other proprietary notices displayed on the Materials. You cannot change or modify the Materials in any manner. These rights are not transferable and non-sublicensable. Any copies must be for your own personal use. You cannot republish, distribute, or broadcast in any media any of our content, nor can you post our content on any networked computer or on any other website. Because our software contains valuable trade secrets, you may not decompile, reverse engineer or disassemble any software used on our Site. This Agreement should not be construed as granting you any rights to access, copy, publish, or use in any matter whatsoever any of the Services or any data submitted to us through any of the Services.
The trademarks, trade names, servicemarks, and logos (“Trademarks”) used and displayed on our Site are our unregistered trademarks in the United States. You cannot use or display such Trademarks without our express written permission.
4. Copyrights, etc
The Materials, as well as the organization, design, compilation, and digital conversion thereof, are protected under applicable U.S. and foreign laws and international conventions relating to copyrights, trademarks, trade secrets, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any Materials or any part of our Site, except as allowed by Section 2, is strictly prohibited. You do not acquire ownership rights to any of our Materials used or viewed through our Site. The posting of any Materials on our Site does not constitute a waiver of any right in such Materials.
If you believe that any Materials infringe a copyright, promptly contact us using the information provided above so that we may investigate the situation and, if appropriate, block or remove the material.
5. Linking, Framing, Bots, and Spiders
Our Site contains links to other websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
You are authorized to include active links on any website you control directing a browser to our Site’s “home page” at http://www.paradigm-healthcare.com ; provided that any use of our Trademarks in such links will be subject to our policies regarding trademark usage. We do not authorize “deep linking” to interior pages on our Site. Our Site may not be linked in such a way that the pages of our Site are displayed within a frame on a third-party website, or are otherwise displayed on a browser screen accompanied by advertising or other content not found on our Site. No links to our Site will imply an endorsement, agency, joint venture, or similar relationship between any third party and us.
Neither you nor any third party may use bots, spiders, or other automated information-gathering devices or programming routines to “mine” information displayed on our Site, for display on or use with a website or service sponsored by a third party.
6. Modifications and Termination
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on our Site. We may terminate our Site at any time with our without cause or notice. We will not be liable to anyone for such termination.
Our Site contains information about us and about our Services. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information. Information about governments, schools, companies, or entities other than us should not be relied upon as being accurate or endorsed by us. If you choose to use the information contained on our Site, you do so on your initiative and are responsible for compliance with applicable laws.
You agree to indemnify, defend and hold us, our affiliates, and their respective officers, directors, employees, agents, representatives, and attorneys (collectively, “Affiliated Parties”) harmless from any and all liabilities, losses, claims, damages, and expenses, including reasonable attorneys’ fees, related to your use of our Site or your violation of this Agreement. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
9. Disclaimer of Warranties
Your use of our Site is at your risk. If you are dissatisfied with any Materials, or with this Agreement, your sole and exclusive remedy is to discontinue using our Site. OUR MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT). WE DO NOT WARRANT THAT OUR SITE OR ANY MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS IN OUR SITE OR IN ANY MATERIALS, IF ANY EXIST FROM TIME TO TIME, WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING ANY INFORMATION AVAILABLE THROUGH OR ON OUR SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
10. Limitation on Liability
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SITE OR YOUR INABILITY TO USE OUR SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATED PARTIES ARE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
11. Use of Information
12. Privacy and Security Policy
Our Privacy and Security Policy, as it may change from time to time, is a part of this Agreement.
This Agreement shall be treated as though it were wholly executed and performed in San Francisco, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to our Site (and/or any Materials) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 9 and 10. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in San Francisco, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with our Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. With respect to any of our Services, the agreement governing your use of our Services shall take precedence over this Agreement in the event of any conflict or inconsistency. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.