Terms of Use Page

Agreement: This Terms of Use Agreement ("Agreement") applies to all Availity, L.L.C. ("Availity") online resources including www.availity.com and any other Availity® hosted systems, and all Availity services and related products (collectively, the "System"). Please read this Agreement carefully before using any part of the System. Use of the System is strictly subject to your acceptance of the terms and conditions contained in this Agreement.

Medical Advice: Although Availity is dedicated to servicing the health care industry, Availity is not authorized to provide, and does not engage in, providing medical advice.

Acceptable Use: You may not use the System for anything other than a lawful and legitimate purpose. Regardless of the location from where the System is used or accessed, you agree to comply with all applicable laws, regulations, statutes, and ordinances in connection with the use of the System. Examples of prohibited uses include, without limitation: (a) violation of any party's proprietary, publicity, privacy, or other right; (b) use of the information to commit fraud; (c) misuse or disclosure of a party's confidential or proprietary information; (d) downloading or otherwise exporting programs or content from the System in violation of United States export laws; (e) transmission, storage, or knowing receipt of any obscene or pornographic material or engaging in any misleading, tortious, defamatory, libelous, or offensive activity; or (f) disruption of the System, through use of methods such as viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, or spamming. In addition, to the extent applicable, you agree not to use, combine, or disclose the information available on the System in such a way that would violate HIPAA regulations or other applicable law.

Business Associates: Some parts of the System facilitate transactions between you and certain Availity Business Associates, as defined by HIPAA. "Trading Partner(s)" means any laboratory, pharmacy, pharmacy benefits manager, medical equipment supply company, disease management company, third party administrator, or health plan to which Availity transmits transactions or from which Availity receives transactions.

Disclaimers: You expressly understand and agree that any and all information contained on or obtained from the system is provided "as is" and on an "as available" basis. Availity, its licensors, and its information providers do not warrant that the system contains accurate information or will be free from bugs, defects, or errors, or accessible without interruption. Availity makes no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, or any other warranty, condition, guaranty, or representation, whether oral, written, or in electronic form, including but not limited to the quality, accuracy, usefulness, timeliness, or completeness of any information provided hereon.

Notwithstanding anything to the contrary express or implied in this agreement, Availity shall have no responsibility or liability with regard to you or other third party, including but not limited to, payment of claims, eligibility status of a patient, or any other information through Availity. You understand and acknowledge that Availity is not responsible for claims and that any response from a trading partner indicating eligibility does not ensure payment. Information submitted through the system is no guarantee of payment and does not constitute a promise to pay; eligibility information is subject to change; and waiting periods may apply.

You acknowledge and agree that (i) Availity will not be originating any trading partner content through the system; and, (ii) with respect to any trading partner content, the Availity system is solely a switch/clearinghouse designed to allow for communication between you and Availity Business Associates; and, (iii) Availity shall have no liability to you or any trading partner(s) or any other party, based on any content transmitted by trading partner(s) or you through the System.

Limitation of Liability: Your use of the system and the information therein is entirely at your risk. Availity will not be responsible for any direct or indirect, consequential, special, or punitive damages or losses you may incur in connection with the system, your use thereof, or any of the information, data, or other material transmitted through or residing on the system, or any errors, defects, interruptions, deletions, or losses resulting therein, regardless of the type of claim or the nature of the cause of action, even if Availity has been advised of the possibility of such damage or loss. To the maximum extent permitted by law, you hereby release and forever waive any and all claims you may have against Availity from losses or damages you sustain in connection with your use of the System.

Down Time: Availity takes commercially reasonable measures so that the System is available without significant interruption, except for scheduled downtime needed to help maintain effective operation of the System. However, difficulties with hardware, software, and equipment and services supplied by others may result in service interruptions. IN NO EVENT WILL AVAILITY BE LIABLE TO ANY PARTY FOR ANY LOSS, COST, OR DAMAGE THAT RESULTS FROM ANY PERIOD OF DOWN TIME SUFFERED BY THE SYSTEM.

Intellectual Property: Availity and its licensors and its information providers retain all intellectual property rights with respect to the System. All System content included or available on the System, including, but not limited to, trade names or marks, service names or marks, text, graphics, interfaces, code, information, databases, technology (collectively, the "Content"), and the selection and arrangement thereof, are the sole and exclusive property of Availity, or its licensors or information providers. However, you are free to view, copy, print, and distribute the Content as long as:

The Content is used for information purposes only.
The Content is used for non-commercial purposes only within your organization.
Copies of the Content include all applicable copyright notices.

The Availity name, Availity logo, and all other Availity trademarks that appear throughout the System belong to Availity, its affiliates licensors, information providers, or third party trademark owners. The names of actual companies and products listed on the System may be the trademarks of their respective owners.

Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, or copyright of Availity or any third party. Please read the Availity copyright and links use statement addressed by the Availity Legal Policy on the Copyright page.

Privacy Policy: Availity recognizes the importance of protecting the privacy of information we may collect from you. It is our intent to balance our legitimate business interests in collecting and using information received from and about you with your reasonable expectations of privacy. The manner in which we handle information learned about you from your use of the System is addressed by the Availity Privacy Policy on the Privacy Policy page.

Indemnification: You acknowledge that Availity does not endorse or act in a representative capacity and is not responsible or liable for or on behalf of you, any affiliate site, other System user, or other third party. To the maximum extent allowed by applicable law, you agree to defend, indemnify, and hold harmless Availity, its affiliates, and licensors and information providers, from and against all suits, proceedings, losses, liabilities, and expenses, including without limitation, attorneys' fees, whether in tort, contract, or otherwise, which arise out of or relate to your breach of any term, acknowledgement, or warranty in this Agreement, or any activity by you in relation to the System or use of the Content.

General: This Agreement shall, for all purposes, be construed, governed by, and enforced solely and exclusively in accordance with the laws of the State of Florida, USA, without giving effect to its conflict of law provisions or your actual state of residence. You hereby agree that the courts located in Jacksonville, Florida, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto. You hereby irrevocably consent to service of process for all actions in such courts. Any judgments obtained by such courts may be entered and enforced against you in any jurisdiction where you or your assets are located. Any legal action concerning this Agreement or the System must be brought by you within one (1) year after the claim or cause of action arises. If any provision of this Agreement is held to be invalid or unenforceable such provision shall be struck and the remaining provisions shall be enforced. Availity's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent and/or similar breaches.

Acceptance of Terms: By accessing and using the System (or otherwise accepting an agreement which incorporates, by reference, this Agreement), you signify your acceptance of this Agreement. Availity may change this Agreement from time to time. If at any time, you choose not to accept this Agreement, please do not access or use our site. Your continued use of the System following the posting of changes to this Agreement will mean that you accept those changes. Please contact us if you have questions about Availity or problems with the functionality of this site.

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