NPInation.com, is a free site, created, owned, and operated by LittleDiddle Designs. It's purpose is to provide relevant information for Home Medical Equipment Providers and Billing Services, assisting them in their HME reimbursements.
Any information you provide via our web site will only be used by LittleDiddle Designs. We may contact you via email, phone, fax, or mail with information concerning our products and/or services or the products and/or services of other reputable companies that we feel may be relevant to your interests. We do not sell or distribute information containing our users' personal information to other companies or individuals.
NPInation.com USER AGREEMENT
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING NPInation.com, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE WEB SITE.
NPInation.com (the web site, content, data and documentation), hereinafter "THE SITE", are subject to the following license agreement. By using THE SITE, you hereby accept these terms and conditions:
1. Membership Eligibility.
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended members. If you do not qualify, please do not use our services. Further, your Premier Member account may not be transferred or sold to another party.
2. Fees and Services.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using THE SITE and all applicable taxes.
2.1 Free Services
Sections of THE SITE designated as "Free" are free to use. Non-registered users will only have access to these portions of THE SITE.
2.2 Premier Services
Sections of THE SITE designated as "Premier" require registration and payment in full before the "Premier Member" account is activated. Your email address serves as your account ID and a randomly generated password will be emailed to that address when your account is activated. Premier Memberships are valid for 1 year after activation and can be renewed upon expiration.
3. Access and Interference.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of THE SITE. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from THE SITE without the prior expressed written permission of LittleDiddle Designs or the appropriate third party. Any billing data and/or information is designated only for the use of you and your company and cannot be redistributed in any way.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
5. No Warranty.
WE AND OUR SUPPLIERS PROVIDE THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. You are responsible for verifying any data or information on THE SITE before using it on an insurance claim. There is also no warranty on availability or response time either from THE SITE or our staff.
6. Liability Limit.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
8. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of THE SITE.
9. No Agency.
You and LittleDiddle Designs are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to LittleDiddle Designs Attn: Legal Department - 5317 Fruitville Road - Suite 188 - Sarasota, FL 34232 (in the case of LittleDiddle Designs) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by LittleDiddle Designs to collect our fees and/or recover damages for, or obtain an injunction relating to, THE SITE operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or LittleDiddle Designs may seek any interim or preliminary relief from a court of competent jurisdiction in Florida, necessary to protect the rights or property of you or LittleDiddle Designs pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys fees and costs up to $1000.00.
This Agreement shall be governed in all respects by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by LittleDiddle Designs, in our sole discretion, to a third party in the event of a merger or acquisition. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3 (Access and Interference), 6 (Liability Limit), 7 (Indemnity) and 11 (Arbitration) shall survive any termination or expiration of this Agreement.
The services hereunder are offered by LittleDiddle Designs, located at 5317 Fruitville Road - Suite 188 - Sarasota, FL 34232.
Copyright (c) 2009.
All Rights Reserved.
Other product and company names appearing on our site or printed material are used for identification purposes only and may be trademarks or registered trademarks of their respective companies. Registered and unregistered trademarks used in any LittleDiddle Designs products and materials are the exclusive property of their respective owners.
5317 Fruitville Road
Sarasota, Florida 34232