SUMMARY OF PROVIDER SERVICE AGREEMENT

 

What We Offer To Providers

Healthcare Out Of Pocket, LLC (HOOP) operates the www.gethoop.com website, (Site) which provides information about providers, their charges, services and discounts.
 
Provider Responsibilities.

For this listing service, you, a provider of healthcare services, agree to the following:

Provider Service Pricing. Maintain accurate fee schedule information on the Site for the services you provide to HOOP Members.   You agree to accept only the amount that you have submitted to the Site, after your discount has been applied to your fees in exchange for payment in full at the time of service.  You agree to honor member’s coupons for your services if coupons for services have been printed within 30 days of Member’s visit.

Provider Information.  Maintain accurate and up to date information on all providers in your group.  Quality of Service. Provide Members with the highest levels of professional service and responsiveness. 

ADDITIONAL TERMS AND CONDITIONS RELATING TO Provider SERVICES

These Terms and Conditions, together with the Provider Services and Fees, the gethoop.com Terms of Services posted here and the Privacy Policy posted here set forth the terms by which Providers may use the Site.

Certain Terms:

“HOOP”, “we” or “us” refers to Healthcare Out Of Pocket, LLC,  “Site” refers to the website located at gethoop.com and its related web pages and websites. “Provider” or “you”” refers to the Provider or group of Providers who register with the Site. “Member” means any Member who visits the Site and/or print a coupon for services.  “Terms” means these Terms and Conditions and the related policies and terms referenced herein.

Account.

In order to use the Site, Provider will be required to create an account and provide certain user information. Provider and or practice administrator agrees that he or she has contract signing authority and will provide HOOP with accurate and complete information in creating provider account and update such information in timely manner to the extent that it changes. Provider will be assigned a username and password. Provider agrees to protect the confidentiality of both and to notify HOOP immediately if Provider becomes aware of any unauthorized use of account, user name or password.

Fees and Services

Joining HOOP and listing provider information, services and fees for services are charged to Providers. Listings will be published for a period of one year,  unless posted otherwise.  Changes to that schedule are effective after we provide you with at least 14 days’ notice by posting the changes on the HOOP site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from any credit account balance.)

Payments for Member Services.

Provider will charge each Member directly for the services to be provided by the Provider (or any related fees, including appointment change fees if so elected by Provider) based on the fees set by Provider in Provider’s Site profile and/or uploaded in provider’s fee schedule and discounts as well coupons based on provider fees which are not over 30 days old from its print date.

Term.

Either HOOP or Provider may terminate the agreement at any time upon written notice to the other. Termination shall not limit either party’s obligation to honor any Provider fees with coupons printed 30 days or less prior to termination. Without limiting the generality of the foregoing, HOOP may remove Provider’s profile from the Site at any time without notice in the event that HOOP becomes aware of any inaccurate information contained therein. The provisions of these Terms that may reasonably be interpreted as surviving termination, including without limitation the provisions relating to intellectual property or confidentiality, shall survive termination.

Representations.

Provider represents, warrants and agrees as follows: Provider is a duly and validly licensed Provider, authorized to practice in Provider’s jurisdiction. The account information Provider provides to HOOP and the information contained in Provider’s Site profile is accurate and complete. Provider has the full right, power and authority to agree to the Terms and to perform Provider’s obligations thereunder. These Terms constitute a legal, valid and binding agreement and obligation. Provider will at all times, in performing Provider’s obligations hereunder, comply with all applicable laws and regulations. Provider will maintain insurance coverage in amount and scope that is in keeping with industry standards.

Disclaimers.

ALL CONTENT AND SERVICES ON THE SITE AND OTHERWISE PROVIDED TO PROVIDER BY HOOP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. HOOP EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. HOOP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OF ANY MEMBERS, THEIR ABILITY TO PAY ANY FEES THAT MAY BECOME DUE OR THE ACCURACY OF ANY INFORMATION THEY MAY PROVIDE. HOOP DOES NOT SCREEN ANY MEMBERS OR USERS OF ITS SITE AND BEARS NO RESPONSIBILITY FOR OR LIABILITY ARISING FROM THE RELATIONSHIP BETWEEN Provider AND ANY Member. BECAUSE SOME JURISDICTIONS LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. HOOP ENDEAVORS TO PROVIDE SITE SECURITY IN ACCORDANCE WITH REASONABLE INDUSTRY STANDARDS, BUT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION POSTED TO OR CONTAINED ON THE SITE. HOOP IS A listing SERVICE for providers ONLY, AND NOT A PROVIDER OF MEDICAL SERVICES. ANY MEDICAL RELATIONSHIP IS STRICTLY BETWEEN Provider AND THE Member, AND DOES NOT INVOLVE HOOP.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NONE OF HOOP OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES SHALL BE LIABLE UNDER ANY CIRCUMSTANCE TO YOU ON ACCOUNT OF YOUR USE OF THE SITE OR HOOP’S OTHER SERVICES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

Intellectual Property and Proprietary Rights.

As between the parties, Provider agrees that HOOP owns and retains all right, title and interest in and to the Site, all software, databases and other aspects and technologies related to HOOP or the Site, all data resulting from the use thereof and all intellectual property and proprietary rights in and to all of the foregoing. Provider will not use the Site except as expressly provided for in these Terms. Provider will use the Site only in accordance with HOOP’s policies and subject to its security procedures, as may be posted on the Site from time to time or otherwise made available to Site users. Provider will not reverse engineer, disassemble, reconstruct, decompile or copy the Site or any aspect or portion thereof or alter or remove any identification, trademark, copyright or other notice from the Site, nor will Provider authorize, permit or cause others to do so. Provider will not circumvent or attempt to circumvent any HOOP security measure. Provider will use reasonable efforts to protect HOOP’s proprietary and intellectual property rights, including without limitation by notifying HOOP of any breach of these Terms and Conditions that relates to intellectual property rights, confidentiality or privacy. HOOP reserves all rights and disclaims all implied licenses, including, without limitation, implied licenses to trademarks, copyrights, trade secrets and patents.

Content.

Provider grants HOOP the right to use any information or other content that provider posts to the Site, including any information or content provided in the Provider profile. By posting any such information or content, Provider is granting HOOP and its affiliates a license to use such information and content (including any trade names, trademarks or the like) in connection with the operation of the Site and HOOP’s business, including without limitation a right to copy, distribute, transmit, display, reproduce, edit and reformat such information and content. HOOP shall have the right, in its sole discretion, to remove any content or information that HOOP believes is inaccurate, in violation of these Terms or otherwise objectionable.

Indemnity.

Provider agrees to indemnify, defend, and hold harmless HOOP and its affiliates and their respective officers, directors, employees, consultants, agents, and representatives from any and all claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Provider’s access to or use of the Site, any information Provider makes available on the site, any services Provider provides to any Member or any violation of these Terms.

Miscellaneous.

These Terms, and any other information regarding HOOP or its business that HOOP may provide, is confidential information and shall not be disclosed by Provider without HOOP’s consent. Nothing in these Terms shall constitute or create a joint venture, partnership or any other similar arrangement between. These Terms and all controversies arising from or relating to performance hereunder will be governed by and construed in accordance with the laws of the state of Indiana, without giving effect to its conflict of laws principles. HOOP and Provider agree that any action arising out of these Terms and conditions will be brought in the state or federal courts located in Indianapolis, Indiana and irrevocably submit to the exclusive jurisdiction of such courts. In the event that HOOP is required to take any action to enforce these Terms, Provider will pay HOOP’s costs, including reasonable attorney’s fees, therefor. Provider acknowledges that a violation of these Terms could cause HOOP irreparable harm, the amount of which may be extremely difficult to estimate, thus, making any remedy at law inadequate. Accordingly, Provider agrees that HOOP shall have the right to apply to any court of competent jurisdiction for an order restraining any breach or threatened breach of such provisions without being required to post any bond or other security, which right shall be in addition to any other remedy available in law or equity. These Terms (and any other agreement, document or policy referenced herein) constitute the entire agreement between Provider and HOOP with respect to the subject matter hereof and supersedes any and all prior to contemporaneous understandings or agreement, whether written or oral. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the enforceability of the remaining provisions, which shall remain in full force and effect. No usage of trade or other regular practice or method of dealing between Provider and HOOP will be used to modify, interpret, supplement or alter these Terms. Any waiver of any provision of these Terms by HOOP will be effective only if in writing and signed by HOOP. HOOP’s failure to assert any right under these Terms shall not constitute a waiver of such right in the future. These Terms and rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HOOP without restriction.

Updates.

HOOP reserves the right to change or update these Terms from time to time. Notice of any update will be posted on the Site or by email. Continued use of the Site after HOOP’s posting of any such update constitutes acceptance thereof.

Certain Terms.

The information contained in this web site is subject to change without notice.

Updated on October 1, 2013