Provider Portal
Terms of Service

PORTAL END USER LICENSE AGREEMENT


Your use of the software in this web-based portal ("Portal") is under license from Electronic Lockbox Services, LLC, a Michigan limited liability company, located at 1502 W. Edgewood Ave. Suite B, Indianapolis IN 46217 ("ELS, "we" and "us"), and is subject to the following end user license agreement ("EULA"), which you consent to by way of your acceptance of the terms using the "I accept" button on the screen, and/or your use of the Portal. If you do not agree to be bound by the EULA, you may not access or use the Portal.

The Portal is licensed to you, not sold. There may now or in the future be updates or new software that becomes a part of or otherwise accompany the Portal that may be subject to a separate license agreement(s), and in that case, the terms of those separate license agreement(s) will govern your use of those products. We reserve all rights not expressly granted to you. We grant you a limited, non-transferable license to use the Portal which is accessed via the Internet on a computer or other device that you own or otherwise are authorized to use. You may not (i) reproduce the Portal or make it available for use to any other party with the sole exception being any billing agent that you expressly authorize in writing to act on your behalf, (ii) rent, lease, lend, sell, redistribute or sublicense your license to use the Portal, or (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Portal, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Portal). This EULA will govern your use of any updates or upgrades to the Portal unless we provide a new license to you along with the update or upgrade, in which case the new license will control.

This EULA will remain in effect until you or we terminate it. This EULA will automatically terminate without further notice if you or any billing agent you expressly authorize to act on your behalf breaches any of its terms. Upon termination, you and any billing agent you expressly authorize to act on your behalf shall cease all use of the Portal and destroy all copies of it (in whole or in part) in your possession or control, or in the possession or control of any billing agent you expressly authorized to act on your behalf.

The Portal may provide access to third party websites and services, which you acknowledge we do not control and for which we disclaim all responsibility. You and any billing agent you expressly authorize to act on your behalf use such services and third party websites at your own risk. We reserve the right to change, suspend, remove, or disable your access to the Portal or any billing agent at any time without notice and under no circumstances will we be liable to you or any other party (including any billing agent) for any loss or damage in doing so.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PORTAL BY YOU OR ANY BILLING AGENT ACTING ON YOUR BEHALF IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU EXPRESSLY ACKNOWLEDGE THAT THE PORTAL ALLOWS REMITTANCE OF PAYMENTS TO THIRD PARTIES AND THAT THOSE THIRD PARTIES ARE REPONSIBLE FOR THE COLLECTION AND PROTECTION OF YOUR PERSONAL DATA, NOT ELS; WE MAY PROVIDE THE INFORMATION YOU SUBMIT TO US VIA THE PORTAL TO CREDIT CARD COMPANIES AND OTHER THIRD PARTIES. YOU SHOULD REFER TO YOUR PROVIDER'S PRIVACY NOTICES IF YOU HAVE QUESTIONS ABOUT HOW YOUR DATA IS HANDLED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PORTAL AND ANY SERVICES PERFORMED OR PROVIDED BY THE PORTAL ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PORTAL AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PORTAL, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PORTAL OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PORTAL OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DISCLOSURE OF DATA (INCLUDING PERSONAL DATA OR INFORMATION), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PORTAL (OR ANY BILLING AGENT YOU EXPRESSLY AUTHORIZE TO ACT ON YOUR BEHALF), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability for all damages (other than as may be required by applicable law) exceed twenty-five dollars ($25.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

You and any billing agent you expressly authorize to act on your behalf may not use or otherwise export or re-export the Portal except as authorized by United States law and the laws of the jurisdiction in which the Portal was accessed. In particular, but without limitation, the Portal may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Portal, you represent and warrant that you are not located in any such country or on any such list and that you will not provide access to any billing agent to act on your behalf in such a country. You and any billing agent who you expressly authorize to use the Portal on your behalf will not use the Portal for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear weapons, missiles, or chemical or biological weapons. The laws of the State of Michigan, excluding its conflicts of law rules, govern this EULA and the use of the Portal. Venue for any dispute resides in Ingham, County, Michigan or Federal District for the Western District of Michigan, and you stipulate that this venue is convenient. Use of the Portal may also be subject to other local, state, national, or international laws.

TO THE EXTENT THAT YOU EXPRESSLY AUTHORIZE A BILLING AGENT TO ACCESS THE PORTAL ON YOUR BEHALF, YOU AGREE TO ASSUME FULL AND UNSHARED RESPONSIBILITY FOR THEIR USE AND ACCESS, ENSURE THEIR COMPLIANCE WITH THESE TERMS AND AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND ELECTRONIC LOCKBOX SERVICES, LLC, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AGAINST ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES ARISING OUT OF THEIR USE OR ACCESS OF THE PORTAL INCLUDING REASONABLE ATTORNEYS FEES. YOU ALSO AGREE TO PROVIDE US WITH A COPY OF THE WRITTEN AUTHORIZATION BETWEEN YOU AND YOUR BILLIG AGENT, UPON OUR REQUEST.

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