Terms of Service | Allegis Transcription

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEB SITE. By using or downloading information from this Web Site, you represent that you have read and understand these Terms of Service and agree to be bound by them. If you do not agree with these Terms of Service, in whole or in part, please do not continue to use this Web Site or the products or services available through it.

A. GENERAL TERMS OF SERVICE

Changes to these Terms of Service. Allegis Transcription Services, a division of Veritext, LLC (“Allegis”, “us” or “we”) may modify these Terms of Service at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this Web Site following the posting of changes will indicate your acceptance of those changes.These Terms of Service were last updated on May 11, 2015.
Products, Content and Specifications. All features, content, specifications, products, services, and prices described or depicted on this Web Site are subject to change at any time without notice.
Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation regarding how current, complete or accurate any information is on this Web Site.
Use of this Web Site. The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, Allegis and are protected by copyright, trademark and other laws and treaties and may not be used except as permitted in these Terms of Service or with the prior written permission of the owner of such material. Except as may be specifically allowed in an agreement with us, you may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
DISCLAIMERS OF WARRANTIES. YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALLEGIS PROVIDES THE MATERIALS AND SERVICES ON THIS WEB SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALLEGIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. DUE TO THE COMPLEX NATURE OF SOFTWARE AND THE INTERNET, WE DO NOT WARRANT THAT THIS WEB SITE OR THE MATERIALS CONTAINED ON THIS WEB SITE ARE COMPLETELY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS. THE FOREGOING EXCLUSIONS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, FROM THIS WEB SITE. IN NO EVENT WILL ALLEGIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, PRODUCTS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OF IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. OUR TOTAL AGGREGATE LIABILITY TO YOU WITH RESPECT TO THIS WEB SITE AND ANY MATERIALS, PRODUCTS OR SERVICES PROVIDED OR ACCESSIBLE THEREIN IS LIMITED TO THE GREATER OF (A) AMOUNT YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, DAMAGE, CLAIM OR LOSS AND (B) US$100. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Trademarks. Certain trademarks, trade names, service marks and logos (collectively, “Marks”) used or displayed on this Web Site are the exclusive property of Allegis and/or our affiliates. Other Marks used or displayed on this Web Site are the property of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks without our written permission or the written permission of such third party owner.
Linking to this Web Site. You may not link to this Web Site or run or display this Web Site or any material displayed on this Web Site in frames or through similar means without our prior written permission.
Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site and your use of the linked Web site will be governed by that Web site’s terms of use and privacy policy. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.
User Communications. Allegis welcomes comments and other submissions from the users of our Web Site. Any comments, suggestions, ideas or any other materials submitted to Allegis, either online, offline or posted on this Web Site (collectively, “User Communications”), will become Allegis’s property upon its submission or posting. Allegis shall be entitled to unrestricted use of the User Communications including, without limitation, to promote and market the Allegis brand, products, and services for any commercial or noncommercial use we deem appropriate, without compensation to the provider of the User Communications. None of the User Communications shall be subject to any obligation of confidence on the part of Allegis, and Allegis shall not be liable for any use or disclosure of any User Communications. Notwithstanding the foregoing, any personal information you submit to Allegis will be held in confidence by us as set forth in our Privacy Policy. For clarity, Claims Materials and Recorded Statements (both as defined below) are not considered User Communications.We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. You represent and warrant that you own or otherwise control all of the rights to the comments and other User Communications that you post on the Web Site and that use of your comments or other User Communications by Allegis does not and will not infringe upon, misappropriate or violate the rights of any third party. We retain the right to remove any User Communications, in whole or in part, for any or no reason.
Inappropriate Material. You shall not upload to, distribute, or otherwise publish through the Web Site any content, information or other material that (a) violates, misappropriates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. We will have no liability related to the content of any of the foregoing materials, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. In addition to any remedies that we may have at law or in equity, if we determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Use of Web Site Outside the U.S. We control this Web Site from our offices within the State of Washington, USA. Although accessible by others, this Web Site and its content are intended for access and use by U.S. residents only. We make no representation that the content of the Web Site is appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of this Web Site.
General Provisions. Except for an agreement associated with a specific Allegis product or service (each a “Commercial Agreement”), these Terms of Service and our Privacy Policy, are the entire agreement between Allegis and you relating to your access or use of this Web Site and the products and services accessible through the Web Site. No failure or delay on the part of Allegis to exercise any right, power or remedy under these Terms of Service shall operate as a waiver; nor shall any single or partial exercise by Allegis of any right, power or remedy under these Terms of Service preclude any other or further exercise of any right, power or remedy. In the event of an inconsistency or conflict between the foregoing documents, the following order of precedence shall apply: (a) Commercial Agreement; (b) Terms of Service and (c) Privacy Policy.
Choice of Law; Jurisdiction. These Terms of Service will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of laws. By using this Web Site you unconditionally agree to submit to the jurisdiction of the state and federal courts located in Seattle, Washington, USA.
Termination. We may suspend or terminate your use of this Web Site at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
Severability. If any term or condition of these Terms of Service shall be deemed to be invalid, void, illegal or unenforceable for any reason, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.
Additional Assistance. If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, we invite you to contact our customer service department at customerservice@allegistranscriptoin.com.

B. TRANSCRIPTION SERVICES TERMS OF SERVICE.

Applicability. In addition to the General Terms of Service contained in Sections 1-17 of these Terms of Service, the following Transcription Services Terms of Service shall apply to you if you (a) do not have a Commercial Agreement in effect and (b) are accessing and/or using our transcription services (“Transcription Services”) through the Web Site.
Transcription Services and Compensation. We will perform the Transcription Services for you at the Service Levels and prices contained on our then-current price list. We will issue you an invoice for the Transcription Services which shall be due and payable within thirty (30) days following your receipt of our invoice. We will charge you a late fee of 1.5% per annum or the maximum rate allowed by law, whichever is lower, on all amounts not paid within such thirty (30) day period. Notwithstanding the foregoing, a good faith, diligently pursued billing dispute shall not be cause for late fees. In the event of such a dispute, you shall pay the undisputed amounts and notify Allegis of the disputed amounts within the thirty (30) day period.
Service Levels. The Service Levels set forth in our price lists calculate the number of business days that elapse from the time of (a) order submissions and uploading of digital audio files to the Allegis Online Services Center taking place prior to 2:00 p.m. PST, or (b) courier service pick-up of physical media if shipped using overnight or next-day service, until return of the Recorded Statements to your office. Return of Recorded Statements by Allegis may be via posting on the Allegis Online Services Download Center for customer self-retrieval or via e-mail. Cassette tapes will be returned via courier to your office. Any delay in shipment by a courier that results from no fault of Allegis shall not be considered in determining the Service Level performed by Allegis. In the event that a digital audio file or tape recording received by Allegis is damaged or difficult to hear and transcribe, and Allegis determines a need for the SPECIAL HANDLING Service Level as defined on our price list, Allegis reserves the right to apply this Service Level to said Claims Materials.
Our Obligations. We will:
1. provide transcribed recorded statements on insurance claims (“Recorded Statements”) from digital electronic files or physical media supplied to us by you (“Claims Materials”).
2. provide you with access to the Allegis Online Services Center for transmittal of the Claims Materials to us and for retrieval of Recorded Statements.
3. provide Allegis Customer Service, which you can reach by
  1. telephone at 1.800.566.6112 during normal Allegis office hours (7:00 a.m. to 5:00 p.m. PST). Allegis answers most Customer Service calls live, and returns all messages same business day during normal office hours (or on the next business day if the message is left during non-office hours); or
  2. through the Allegis website at www.allegistranscription.com or via email to customerservice@allegistranscription.com. Allegis Customer Service responds same or next business day to requests via these channels.
4. use all processes, procedures and precautions reasonably necessary to ensure that all transmissions, receipts, manipulations, storage and uses of your Information are in compliance with these Terms of Service.
Your Obligations. You will:
1. use the Allegis system and procedures for transmittal of Claims Materials to Allegis and for retrieval of Recorded Statements.
2. give Allegis reasonable notice of your intent to add significant new volumes of Claims Materials (300 or more digital recordings or tape recordings per month in new volume) to the Claims Materials sent to Allegis, such notice to aid Allegis in hiring and training of new personnel.
3. promptly inform Allegis of any service concerns or issues that you are experiencing, giving Allegis reasonable time to accommodate such concerns.
Confidentiality. For a period of three years after initial disclosure to Allegis by you, Allegis shall not disclose to any third party (except to its employees and contractors who have a need to know such information for the purposes of these Terms of Service) or use (except to provide you with products and services as contemplated by the Web Site and these Terms of Service), any Confidential Information you provide to us. For purposes of these Terms of Service, “Confidential Information” means Recorded Statements and Claims Materials. Notwithstanding the foregoing, Confidential Information does not include information that (a) is or becomes publicly available other than as a result of disclosure by the Allegis; (b) was available to or already known by Allegis on a non-confidential basis prior to its disclosure by you; (c) is developed by Allegis independently of any information acquired from you; (d) becomes available to Allegis on a non-confidential basis from a third party, provided that Allegis has no reason to know that the third party is or may be bound by a confidentiality agreement with you; or (e) is disclosed pursuant to a court order or the requirement of any governmental authority.
Termination. These Terms of Service shall continue in full force and effect unless and until terminated by a party pursuant to this section or as otherwise specifically set forth in the Terms of Service. Either party may terminate these Terms of Service as they apply to Transcription Services (a) by providing the other party with no less than thirty (30) days prior written notice (“Notice Period”) or (b) upon a material breach by the other party of any provision of these Terms of Service that is not cured within ten (10) days of notice by the non-breaching party of such breach.