Paying Online. Indy Behavioral Health offers online payment services. In using that service, you authorize Indy Behavioral Health to process and display your account and payment information on a secured internet site. You are responsible for the confidentiality of your password, banking or credit card information, and any account information. Indy Behavioral Health is not responsible for any loss you may incur if someone misuses your password, banking or credit card information, or account information. Additional terms may apply to the online payment services as well.
Disclaimer of Warranties. You understand and agree that we do not provide any warranty with respect to the Online Services. Instead, you agree that your use of Indy Behavioral Health’ Online Services is at your own risk and that the Online Services are provided on an “as is” and “as available” basis, with all faults, and with no representations or warranties of any kind, either express or implied, including with respect to the completeness, security, reliability, quality, accuracy, or availability of the services.
TO THE FULLEST EXTENT PERMITTED BY LAW, INDY BEHAVIORAL HEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO ITS ONLINE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, INDY BEHAVIORAL HEALTH DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) ONLINE SERVICES WILL MEET YOUR REQUIREMENTS, (II) ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ONLINE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH ONLINE SERVICES WILL MEET YOUR EXPECTATIONS, NEEDS, OR REQUIREMENTS, AND (V) ANY ERRORS ASSOCIATED WITH THE ONLINE SERVICES WILL BE CORRECTED.
INDY BEHAVIORAL HEALTH IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS OUR ONLINE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INDY BEHAVIORAL HEALTH OR ITS AFFILIATES OR THROUGH OR FROM THE ONLINE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE ONLINE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE ONLINE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME AND PASSWORD. EXCEPT AS PROHIBITED OR LIMITED BY LAW, INDY BEHAVIORAL HEALTH CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE ONLINE SERVICES.
You understand that Indy Behavioral Health cannot guarantee that use of our Online Services will be free from technological difficulties including, but not limited to, unavailability of information, downtime, service disruptions, viruses, or worms. Additionally, you understand that we cannot and do not guarantee or warrant that files available for downloading from the Online Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of damage input and output, anti-virus protection, and for maintaining a means external to our site for any reconstruction of any lost data.
Waiver, Release, and Limitation of Liability. YOU AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, INDY BEHAVIORAL HEALTH, ITS AFFILIATES, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE ONLINE SERVICES SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, LOST PROFITS, OR CONSEQUENTIAL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES RELATED TO THE OPERATION OF OR YOUR ACCESS AND USE OF THE ONLINE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT, CONSEQUENTIAL, AND OTHER DAMAGES ARE LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS AND USE OF THE ONLINE SERVICES THAT RESULT FROM ANY ACT OR OMISSION OF INDY BEHAVIORAL HEALTH, ITS AFFILIATES, ANY INDY BEHAVIORAL HEALTH’ LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE ONLINE SERVICES SHALL BE LIMITED TO THE FEES PAID BY YOU DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR IF NO FEES WERE PAID OR PAYABLE BY YOU FOR SUCH PERIOD, $100.00.
THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING, WITHOUT LIMITATION, DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE ONLINE SERVICE. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF INDY BEHAVIORAL HEALTH, ITS AFFILIATES, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE ONLINE SERVICES IS NEGLIGENT OR HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES.
THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE ESSENTIAL TERMS, WITHOUT WHICH THE SERVICES WOULD NOT BE OFFERED, ARE A REASONABLE ALLOCATION OF RISK AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATION SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAW.
Governing Law. You and Indy Behavioral Health agree that your access to Indy Behavioral Health’ Online Services and these Terms of Use, and any dispute between you and Indy Behavioral Health relating to your use of the Online Services and these Terms of Use, will be governed by and construed in accordance with the laws of the State of Indiana. Indy Behavioral Health makes no representation that the information and materials on our Online Services are appropriate or available for use in locations outside of Indiana.
Severability and No Waiver. No waiver by Indy Behavioral Health of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure by Indy Behavioral Health to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Modification. Indy Behavioral Health can modify these Terms of Use at any time, in its sole discretion, without notice to you, and such modifications will be posted here and become effective upon posting online. You agree to review these Terms of Use regularly because you will be bound by any changes made, and your continued use of the Online Services constitutes agreement to any modified terms.
Term and Termination. Indy Behavioral Health can decide to suspend, restrict, limit, or terminate your access to its Online Services with or without a warning at any time for any reason in Indy Behavioral Healths’ sole discretion. You agree that we are not liable to you or any third party for any modification, suspension, or discontinuance of any feature or component of the Online Services. Indy Behavioral Health can also assign its rights under the Terms of Use to any other party at any time without notice to you. The provisions of paragraphs 1 (Introduction), 10 (Disclaimer of Warranties), 11 (Waiver, Release, and Limitation of Liability), 12 (Governing Law), and 17 (Dispute Resolution) will survive any suspension, restriction, limitation, or termination of access to the Online Services.
Entire Agreement. These Terms of Use constitute the entire agreement between you and Indy Behavioral Health pertaining to the subject matter hereof. They supersede all other agreements, communications, or representations, oral or written, between us, past or present.