Sentire Terms of Use

Welcome to our site. These terms of use (“Terms of Use”) apply to the use of the Sentire website located at https://www.sentirecare.com and all other Sentire sites that post a link to these Terms of Use (collectively, the “Site”). The Site is a system operated by Sentire, LLC (“Sentire,” “we,” “us” or “our”) that provides physicians with a documentation, billing and coding platform (the “System”) for use with their patients who register to use this Site. These Terms of Use apply to your use of the Site and System. These Terms of Use expressly incorporate by reference and include the Site’s Privacy Policy and any guidelines, policies, rules, additional terms or disclaimers that may be posted and updated on the Site or on notices that are sent to you. Please read these Terms of Use carefully before you use the Site. By accessing or using the Site, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use, please do not use our Site.

Portions of the Site may be made available only to persons who have registered and been issued a user name and/or password or other positive identifiers by Sentire (“Registered Users”). Only Registered Users are authorized to access the restricted portions of the Site. In the event of a conflict between these Terms of Use and those necessary to access restricted portions of the Site, the ones governing the restricted portions of the Site will govern your access to such areas and any transactions conducted while in such restricted areas, and these Terms of Use will apply where there is not a conflicting provision.

Changes

Pursuant to the terms and conditions of these Terms of Use, Sentire grants you a non-exclusive, non- transferable license to use the Site as an individual user. This license is restricted to your personal use of the Site as either a Registered User or a visitor, as the case may be, for the limited purposes described in any documentation and on the Site. You are acquiring no other right to use artwork, designs, trade secrets, trade names, copyrighted materials, trademarks, or service marks of Sentire or its affiliates or agents.

Registration Information

To obtain access to certain restricted portions of the Site, Registered Users must provide certain identifying information ("Registration Information"). You agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate any person or entity; misrepresent any affiliation with another person, entity, or association; use false headers; or otherwise conceal your identity from Sentire for any purpose. Sentire agrees to treat with care the information you provide in accordance with Sentire’s Privacy Policy. For your protection and the protection of Sentire’s other users, Sentire prohibits you from sharing your Registration Information (including passwords and usernames) with any other person for the purpose of facilitating their access and unauthorized use of the restricted portions of the Site. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur via the Site through the use of your Registration Information. You shall be responsible for maintaining adequate security measures to ensure that your password and username are kept confidential. You agree to (a) immediately notify Sentire of any unauthorized use of your Registration Information or any other breach of security, and (b) ensure that you logout from your account at the end of each session. If your computer is accessible to others, you are responsible for logging out to prevent unauthorized access. Sentire cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Role of Sentire

You understand that the Sentire System is a documentation, billing and coding platform. Sentire is not a health care provider, health plan or health care clearing house. Neither Sentire, nor any of its officers, directors, employees, or agents, will provide medical treatment, advice or guidance to any user.

Registered Users and Registered Physicians

In the event a Registered User seeks medical treatment from a physician that has registered to use the Site (a “Registered Physician”), the billing and coding details relating to such treatment shall be facilitated by the System. An invoice will be generated by the System upon the completion of any office visit, telephone call or other interaction with a Registered Physician. The costs and expenses associated with all treatments and procedures provided by a Registered Physician to a Registered User shall be billed or invoiced at the prices reflected on the Site at the time of such treatment or procedure. Payments of such invoices shall be made by Registered Users to Registered Physicians. In the event that a Registered User disputes or questions any invoice, such user must address such issues with the Registered Physician who provided the treatment. Under no circumstances shall Sentire be involved in the resolution of any such disputes.

Insurance Disclosure

You understand that the Sentire System does not utilize traditional medical coding that has historically been required by health insurance plans and insurance providers. A Registered Physician utilizing the Sentire System shall be under no obligation to submit documentation to any insurance company relating to your treatment. You may submit documentation to your health insurance company or plan on your own behalf; however; there is no guaranty that your insurance company will accept such documentation.

Intellectual Property Rights

The Site, including all text, graphics, logos, trademarks, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, applications, programs, computer code and software (collectively, “Content”), is the property of Sentire or its suppliers and is protected by United States and international copyright laws or other intellectual property laws and treaties. Content shall not be reproduced or used without express written permission from Sentire or its suppliers. You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, or create other derivative works from, or sell, rent, share or license all or any part of the Content, products or services obtained from the Site in any medium to anyone, except as otherwise expressly permitted under these Terms of Use or authorized by us. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the Content of the Site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.

Children

The Site is intended for the use of adults 18 years or older and children over the age of 13. You are not permitted to use the Site if you are under the age of 13. By using the Site, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 13 in accessing the Site or to attempt to contact children under 13 through the Site.

Security

In exchange for your access to the Site, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Site or that could cause injury to yourself, to us, or to anyone else. Without limitation, you agree not to attempt to:

• Modify the Site or make it possible for you or someone else to access the Site without using an interface that we provide (including through the use of spiders or robots, except to facilitate the creation of public search engines that catalog publicly accessible portions of the Site);
• Introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Damage, disable, overburden, impair, or gain unauthorized access to the Site or our servers, computer network, or user accounts; or
• Take any other action that we, in our exclusive discretion, believe may damage or injure you, us, or any third party.

Your Privacy

Protecting your privacy is very important to Sentire. Please review our Privacy Policy, which explains how Sentire treats your personal information. All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links to Third Party Sites/Third Party Services

As a convenience to users, we may provide links to third-party content, Web sites or services. We do not endorse, sponsor, control, or otherwise accept responsibility for this material, except to the extent that we otherwise control it.  You should be aware that third-party Web sites are not covered by these Terms of Use, and we therefore cannot be responsible for the content or practices of any such Web site, even if it links to the Site or even if the Web site is operated by a company affiliated or otherwise connected with us. Your linking to off-site pages or other sites is at your own risk.

Sentire welcomes links to the Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Sentire. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Site without the express written consent of Sentire. You may not frame or otherwise incorporate into another site any of the Content or other materials on the Site without the prior written consent of Sentire.

Certain services made available through the Site may be delivered by third parties. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Sentire may share such information and data with any third party with whom Sentire has a contractual relationship to provide the requested product, service or functionality on behalf of Sentire and its customers.

Disclaimer of Warranties

No warranties of any kind are made with respect to the Site, System or Content. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SENTIRE AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMISSABLE BY APPLICABLE LAW, SENTIRE AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL WE, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM (I) THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITE OR CONTENT CREATED ON OR THROUGH THE SITE), (II) YOUR TREATMENT BY, OR CONSULTATION WITH, ANY REGISTERED PHYSICIAN, OR (III) YOUR INTERACTIONS AND DEALINGS WITH ANY HEALTH CARE PLAN OR INSURANCE COMPANY, INCLUDING THOSE RELATING TO INSURANCE REIMBURSEMENT ISSUES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SENTIRE SYSTEM OR SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF THE CLAIM ALLEGES THAT THE INDEMNIFIED PARTIES’ CONDUCT WAS WILLFUL.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You hereby agree to indemnify and hold Sentire, its directors, officers, members, managers, employees, agents, affiliates, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising out of or relating to your violation of these Terms of Use or your use of or inability to use the Site, System or its Content, products or services, including, but not limited to, your user submissions, or your use of any information obtained from the Site.

Trademarks

The Sentire™ name, the Sentire logo and all related names, logos, taglines, product and service names, designs and slogans are trademarks of Sentire, LLC. You must not use such marks without the prior written permission of Sentire. The names of other companies and products mentioned herein may be the trademarks of their respective owners.

Other Terms and Conditions; Conflicts

Additional terms and conditions may apply to purchases of products or services and to specific portions or features of the Site. If there is a conflict between these Terms of Use and the terms that are posted for or applicable to a specific portion of the Site, or for any product or service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site, or the specific product or service.

Governing Law; Jurisdiction and Venue

YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF TEXAS, WITHOUT REGARD TO CHOICE OF LAW RULES, AND THAT ANY LEGAL ACTION BROUGHT BY ONE PARTY AGAINST THE OTHER WILL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS IN TARRANT COUNTY, TEXAS.

Limitation of Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH OF ACTION OR CLAIM IS PERMANENTLY BARRED.

General

These Terms of Use constitute the entire agreement between you and us. They govern your use of the Site, and completely replace any prior agreements, whether electronic, oral or written, between you and us in relation to the Site. Even if we act in a way that you believe to be inconsistent with these Terms of Use, those actions will not be deemed a waiver or constructive amendment of these Terms of Use. Similarly, our failure to object to your breach of your obligations under these Terms of Use does not constitute a waiver of any of our rights. If any provision of these Terms of Use is ruled unlawful, void, or unenforceable, that provision will be severed from these Terms of Use, and the other provisions will remain effective and enforceable. In addition, the severed provision will be deemed replaced with a comparable provision that most closely reflects the intent of the parties.  We reserve the right to terminate the Site and these Terms of Use at any time without notice for any reason, including, in the case of these Terms of Use, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of these Terms of Use shall survive any such termination.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your access to and use of the Site.

No provision of these Terms of Use or the Privacy Policy may be interpreted to limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents have been drawn up in English.

Copyright © 2018 Sentire, LLC. All rights reserved.

Last updated: May, 2018