This page explains the terms for using our Site. When you use MedFeeTree, you’re agreeing to all the terms on this page.
Description of the Site
Creating an Account
You can browse the Site without registering for an account. To use many of MFT’s features, you will need to register, choose a username, set a password, and provide certain other information about yourself or your company. When you do this, you must provide complete and accurate information. We may cancel your account if the information you provide is not accurate, complete, or violates anyone else’s rights. You are responsible for all the activity on your account and for keeping your password confidential. If you think someone has used your account without your permission, report this information to firstname.lastname@example.org immediately. To sign up for an account, you must be at least 18 years old. Any individual signing up for an account on behalf of a company must have authority from the company to enter into agreements which would bind the company.
Providing False Information. Because of the sensitive nature of health information that could be communicated between healthcare providers and the vendors enrolling with this Site, it is critical you accurately represent yourself or your company. Posting Inaccurate Information. Information submitted describing an account eligible for collections must be accurate in all material respects. If you find information describing an account has changed, you must promptly update account information. Dishonest Conduct. Posting, documenting, exchanging, submitting, or in any way conveying information that is false, misleading, inaccurate, deceptive, fraudulent, defamatory, or violates others’ rights is prohibited. Violating Laws. The terms of payment for services are limited to those on this Site. Other payment arrangements may violate state or federal laws or regulations and are prohibited. Spamming. Do not use any account credentials, facility/user names, or any contact information on this site to distribute any unsolicited or unauthorized advertising or promotional materials. Malware. Distributing any software virus, malware, code, or anything else that could harm others’ computers, systems, software, hardware, or data is prohibited. Modifying Our Site. Any attempt to modify the Site, including interfering with how it functions, bypassing measures we’ve put in place to secure the Site and Services, gaining unauthorized access to the Site, taking actions that impose an unreasonable load on our infrastructure, using software to “crawl” or “spider” any part of the Site, or any attempts to reverse engineer, deconstruct, gain access to or modify source code, algorithms, are prohibited.
How MFT Works
MedFeeTree provides a platform where healthcare providers or facilities (Providers) can provide certain information about old accounts, and connect with billers/collectors (Billers) who accept the task of working those accounts in attempts to recover payments. When a Provider posts an account project on MFT, they’re inviting Billers to review the posted information about the project and to submit bids to work the account. Providers review bids received and award an account project to a Biller of their choice. If the Biller accepts the award, the Provider and Biller (in each instance, the Parties) form an agreement to perform the billing/collection work on the account. This agreement is a binding legal agreement. MFT is not a party to the Provider and Biller’s contract. Each such agreement is a contract directly between the Provider and Biller. These agreements are subject to the following terms: When a Biller submits a bid to a Provider, this constitutes an offer to enter into an agreement to work an account based upon the terms stated in the bid. If a Provider awards an account to a Biller, this constitutes acceptance of the Biller’s bid. When a Biller is awarded an account, s/he/it must begin working the account promptly. The Biller must annotate billing notes in the account using commercially reasonable diligence describing the date of activity, actions taken on the account. This information is accessible to the Provider and may become part of the patient’s record with the Provider. When an account is awarded to a Biller, the Provider agrees to promptly remit the actual or anticipated Biller fee to MFT, which holds this payment in escrow. Providers must update account details in MFT promptly upon receipt of payment on an account. When payment is received, the Biller will be awarded fees pursuant to the terms of the Parties’ agreement. Once an account is satisfied in full, the agreement between the Parties terminates.
Conditions for Providers Posting an Account
In order to receive the most accurate bids, and for Billers to best perform their billing and collection services, Providers must post accurate information about their practice or facility, claim details, and billing actions taken to work an account to date including the date of service, dates any claims were submitted to payors, and dates of any appeals. Providers cannot post any accounts which would be outside of an applicable timely filing limit. If it is discovered in the course of working an account that it is uncollectible for any reason, including but not limited to exceeding applicable timely filing limits, failure to obtain necessary payor information or precertifications/authorizations, etc., the Parties’ Agreement will terminate and the Provider should remove the account from the Site. Providers are prohibited from posting any identifiable information beyond the limited data necessary to communicate account information to a prospective Biller. Providers are solely responsible for reviewing the credentials of prospective Billers before awarding an account to a Biller. Providers are solely responsible for ensuring use of this Site and Services is permitted under the Provider’s state laws and any applicable payor agreements, including the credentials and physical locations of the Billers a Provider selects. Once an account has been awarded to a Biller, any payments received by the Provider on or after the calendar date of the agreement with the Biller must be posted to MFT and are subject to the terms of payment between the Parties. If payment on an account has not been received by the end of the anticipated collection period, the Provider decides whether to extend the agreement or terminate. Any payments received on an account within thirty (30) days of terminating an agreement with a Biller are subject to the fees in the Parties’ original agreement. Providers who choose to terminate an agreement with Biller and repost the account should be aware of this obligation to the previous Biller, which could result in an obligation to pay fees to more than one Biller.
Terms for Working an Account
Billers are responsible for carefully reviewing the details of an account. Some accounts are more difficult to work and collect upon than others, and it is the Biller’s responsibility to bid on an account accordingly. Providers are not obligated to pay Billers if the Biller is unsuccessful in obtaining payment unless this is part of the specific terms of their agreement. Once you submit a bid, you cannot change it but you can withdraw a bid as long as a Provider has not accepted it yet. All communications between the Parties regarding accounts should be documented within the Site’s secure messaging platform.
MFT is Not Responsible for Refunds
MFT is responsible for ensuring the fees are paid to Billers according to the terms of the Parties’ contracts, subject to any fees or charges imposed by MFT. If the Parties’ have any disputes about the amount that should be paid, they can notify email@example.com to ensure payments were made accurately according to the Parties’ agreements. If MFT confirms payment is/was accurate, any further disputes between the Parties about payments must be handled directly between the Parties. Any fees MFT charges on accounts are taken at the time payments are posted and are non-refundable.
Limitation on Liability
MFT is not liable to any Provider or Biller for any damages or losses related to their use of the Services. We don’t get involved in disputes between users, except to ensure we are carrying out our role of verifying payments between the parties are remitted in accordance with the terms of each applicable agreement. We don’t oversee the performance or punctuality of projects, the accuracy of information submitted by any user or on any account. When you use our Site, you release MFT, its officers, board, agents, employees, affiliates, and others from any claim, damage, or demand of every kind – known or unknown, suspected or unsuspected, disclosed or undisclosed arising out of or in any way related to disputes about the Site and Services. All content you post, access, or use through the Site and Services is at your own risk. You are solely responsible for any resulting damage or loss to any party. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MFT, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES (I) RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (II) ANY LOST PROFITS, DATA LOSS, OR COST OF PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES; OR (III) FOR ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE. IN NO EVENT SHALL MFT’S LIABILITY FOR DAMAGES EXCEED ONE THOUSAND U.S. DOLLARS ($1,000) IN THE AGGREGATE.
MFT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MFT SHALL CREATE ANY WARRANTY.
Creating an account on MFT is free. If you post an account that is awarded and payment is successfully collected, we collect fees based on a percentage of the payment received by a Provider after the date an agreement is reached with a Biller to perform billing/collection services. Our fees are taken from any amounts in escrow first, and then the Biller is paid according to the terms of the Parties’ agreement from the balance. We may partner with other sites or companies for payment processing. When you post an account project or enter into an agreement with a Biller/Provider, you are also agreeing to the payment processor’s terms of service.
Termination of Participation, Deleting Your Account
If you no longer wish to have a registered account, you may terminate your account by sending an email to firstname.lastname@example.org . If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using MedFeeTree. Continued use of this site indicates your continued acceptance of these terms and conditions. If, for any reason, and in our sole discretion, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of the site immediately and without prior notice. We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated. We have the right to decide who is eligible to participate on the Site and its Services. We reserve the right to remove users or accounts at any time for any reason. You can terminate your account at any time through your account settings. We may retain certain information about you as required by law or as necessary to perform our legitimate business functions. All these Terms continue even if your account is deleted, including our rights to any information you’ve already submitted to the Site. Terminating your account does not terminate your obligations under any agreement you have reached with a Provider/Biller.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of MFT. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
Disputes and Governing Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIM'S. If you have a problem on the Site or with the Services, we encourage you to contact our customer support first. If we cannot resolve the issue, any dispute or claim relating in any way to your use of any MFT Site or Service, will be resolved through a binding process called arbitration instead of in court. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and course review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court and must follow the Terms of this page and any other rules or requirements of the Site and Services incorporated as part of these Terms by reference. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your clam to our registered agent [enter name and address]. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Commercial Arbitration Rules. The AAA’s rules are available online at https://www.adr.org/Rules or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. You agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative class action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
By agreeing to these Terms, you acknowledge they represent the entire agreement between you and Us with respect to the Site and Services, including any other policies, rules, or guidelines of the Site or Services incorporated herein by reference. These Terms supersede any other communications and proposals between you and Us and govern the current and future relationship between you and Us. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or MFT to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights. These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get MFT’s prior written consent. We have the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent.
INFORMATION WE COLLECT
We may use your information for any of the following reasons: For the purposes for which you provided it; To enable you to use the services available through the Site, including registering you for our services and verifying your identity and authority to use our services; For customer support and to respond to your inquiries; For internal record-keeping purposes; To track fees and process billing and payment including sharing with third-party payment gateways and payment service providers in connection with the Site; To improve and maintain the Site and for product development; To address fraud or safety concerns, or to investigate complaints or suspected fraud or wrongdoing; To periodically send promotional emails regarding new products or services from MFT or other information that may interest you; For MFT's market research purposes, including, but not limited to, the customization of the Site according to your interests; To contact you about goods and services that may interest you or with information about your use of the Site; For other research and analytical purposes; and To resolve disputes, to protect ourselves and other users of the Site, and to enforce any legal terms that govern your use of the Site. We may display information related to your business, including your name or your business’s name, publicly on your profile, except to the extent we tell you we will not display such information. If the information you provide us upon signing up for an account differs from the information you provide us as part of the verification data we collect, we have sole discretion in determining which information will be displayed publicly on your profile. We may combine information that we collect from you through the Site with information that we obtain from affiliated and nonaffiliated third parties, and information derived from any other products or services we provide. We may aggregate and/or de-identify information collected through the Site. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share such data with any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others. We may, either directly or through third parties we engage to provide services to us, review, scan, or analyze your communications with other users exchanged via the Site or as otherwise described in this Policy for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes. For example, as part of our fraud prevention efforts, we may scan and analyze messages to prevent fraud or improper actions. We may also scan, review or analyze messages for research and product development purposes, as well as to debug, improve and expand product offerings. By using the Site or engaging in off-Site communications tracked by MFT, you consent that MFT, in its sole discretion, may, either directly or through third parties we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.
WHEN MFT DISCLOSES YOUR INFORMATION
ONLINE ANALYTICS AND TAILORED ADVERTISING
MFT is committed to providing you with meaningful choices about the information collected on our Site for third party purposes. That is why we have provided links (above) to the NAI "Consumer Opt-Out" link, the DAA opt-out link, and a Google opt-out link. However, MFT does not currently recognize or respond to browser-initiated Do-Not-Track signals, as the Internet industry is currently still working on Do-Not-Track standards, implementations and solutions.
PRIVACY OF MINORS
Our Services are not designed for minors. Only persons 18 years of age or older (as determined by the age of majority in the state where the potential user resides) may use the Site. If we discover that a minor has provided us with personal information, we will close the account and delete the personal information to the extent required by applicable law. We may, where permitted by law, retain certain information internally for purposes described in this Policy.
We employ physical, administrative, and technological security measures to help protect your personal information from unauthorized access or disclosure. MFT may use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. No security measures, however, are 100% failsafe. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or communications will not be collected, disclosed and/or used by others. You should take steps to protect against unauthorized access to your password, phone, computer, or other device by, among other things, signing off after each use, choosing a robust password that nobody else knows or can easily guess, keeping your log-in and password private, and not recycling passwords from other websites or accounts. MFT is not responsible for the unauthorized use of your information nor for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity.
LINKS TO EXTERNAL PLATFORMS
The Site may contain links to other websites or resources over which MFT does not have any control. Such links do not constitute an endorsement by MFT of those external websites. You acknowledge that MFT is providing these links to you only as a convenience, and further agree that MFT is not responsible for the content of such external websites or the protection and privacy of information you provide while visiting such external websites.
UPDATING, DELETING, AND CORRECTING YOUR INFORMATION
YOUR CHOICES REGARDING EMAIL COMMUNICATIONS
We may send periodic emails to you. You may opt out of promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your Account or any services you have requested or received from us.
CHANGES TO THIS POLICY
THIS POLICY IS CURRENT AS OF THE EFFECTIVE DATE SET FORTH ABOVE. MFT MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THIS POLICY AT ANY TIME. MFT WILL POST ITS UPDATED POLICY ON THE SITE, SEND YOU A MESSAGE OR OTHERWISE NOTIFY YOU WHEN YOU ARE LOGGED INTO YOUR ACCOUNT. MFT ENCOURAGES YOU TO REVIEW THIS POLICY REGULARLY FOR ANY CHANGES. YOUR CONTINUED ACCESS TO OR USE OF THE SITE WILL BE SUBJECT TO THE TERMS OF THE THEN-CURRENT POLICY.
CONSENT TO TRANSFER
Our computer systems are currently based in the United States, so your personal data will be processed by us in the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. If you create an account with the Site as a visitor from outside the United States, by using the Site, you agree to this Policy and you consent to the transfer of all such information to the United States, which may not offer a level of protection equivalent to that required in the European Union or certain other countries, and to the processing of that information as described in this Policy.