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Terms Of Use

The terms and conditions set forth below shall apply at all times when you ("you") use this website (the “Site”), which is sponsored by Avadyne Health (the “Company”, “we”, or “us”) and constitutes a binding, legal agreement (this "Agreement") between us regarding your use of the Site. Through the Site, the Company will provide certain services (the “Services”) to Users, including: (i) enablement and disablement of electronic communications, (ii) access to certain account information, (iii) profile information regarding your account (“Account”), and (iv) a link to a separate website (https://www.ePayItOnline.com) at which you can make payments online.

By selecting the “I have read the Terms of Use for this site and Agree” checkbox and clicking the Continue button that appears at the bottom of this Agreement, you are acknowledging that: (i) you agree to be bound by the terms and conditions of this Agreement, (ii) you represent and affirm that you are the person that you have represented you are when creating or updating your profile (“User Profile”) prior to reviewing these Terms of Use, (iii) you desire to receive electronic communications from us regarding certain of your financial obligations, (iv) you understand that we have no obligation to send paper copies of such communications unless, by following the instructions below, you “opt out” of receiving such electronic communications to you or you request a paper copy of such communications by following the instructions below, and (v) you have the legal capacity and authority to enter into this Agreement. The date and time on which you click “I Agree” shall be the effective date and time of this Agreement. If you do not wish to be bound by the terms and conditions of this Agreement do not select the checkbox for the “I Agree” statement below; however you will not be permitted to use the Services if you do not agree to the terms of this Agreement.

  1. USER REGISTRATION

    You represent and warrant that all information in your User Profile is complete and accurate. You promise that you will keep your account number, password, and all electronic communications received pursuant to the Services confidential and not share the same with another person. You represent and warrant that you are at least eighteen (18) years old. You are solely responsible for ensuring that third parties do not have access to your email once an electronic communication from us is received at the email address you have provided. You agree to notify us immediately of any unauthorized use of this Site or unauthorized access to the electronic communications sent pursuant to the Services of which you are aware by sending written notice to Avadyne Health, Attn: eStatement, 10604 Justin Drive, Des Moines, Iowa, 50322, by sending an e-mail to estatement@paymentcenteronline.com or calling us at 800-777-8645.

  2. USE OF THIS SITE BY USERS

    1. The Company hereby grants you permission to use the Site as set forth in this Agreement, provided that: (i) your use of the Site conforms to the terms set forth herein; (ii) you do not copy or distribute any part of the Site in any medium without the Company’s prior written authorization; (iii) you do not alter or modify any part of the Site; and (iv) you will otherwise comply with the terms and conditions of this Agreement.

    2. Use of the Site is subject to the terms and conditions governing the use and disclosure of protected health information under the Health Insurance Portability and Accountability Act of 1996 and regulations promulgated thereunder (collectively, “HIPAA”), the Health Information Technology for Economic and Clinical Health Act, and all applicable laws, rules, regulations, statutes, treaties, protocols, orders, ordinances, rules, directives, codes, writs, injunctions, and decrees, including the Federal, State, and local laws of the jurisdiction in which you receive the Services (collectively, “Applicable Law”). You are responsible for obtaining and maintaining all Internet connection services, computer hardware and other equipment that may be needed for access to the Site and use of the Services. To electronically access and use the Services, you will need to have a personal computer and operating system software that meets the Minimum Requirements (as such term is defined below). As used in this Section 2, the term “Minimum Requirements” shall mean:

      1. Sufficient electronic storage capacity on your personal computer's data storage device (Hard drive or other data storage unit);

      2. An e-mail account with an Internet service provider and e-mail software in order to participate in Our electronic Communications programs;

      3. A personal computer that meets the minimum system requirements needed to run the application(s) Internet Explorer Version 7 or newer and Adobe PDF Reader Version 9 or newer in order to participate in Our electronic Communications programs;

      4. An Internet connection so that you can access Our website and your e-mail account; and

      5. 128 bit SSL communication enabled in Internet Explorer Version 7 or newer application.

    3. You shall maintain the confidentiality of your password to the Site. You agree to notify us of any unauthorized use of your password. In using the Site, your conduct must, at all times, comply with this Agreement. You are solely responsible for knowing and adhering to all Applicable Laws pertaining to your use of the Services. In addition, you agree that you:

      1. Will not use or launch any automated system, including without limitation, any “robot,” “spider,” “offline reader,” etc., that accesses the Site in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;

      2. Will not interfere with the operation of this Site via the use of viruses, programs or technology designed to disrupt or damage or hinder software or hardware; and

      3. Will not defeat or attempt to defeat any security measures placed upon the Company’s network infrastructure or any other connected systems.

    4. You are solely responsible for your own conduct on the Site, including without limitation, any violations of this Agreement and the damages, losses or harm directly related to such violations.

  3. ELECTRONIC COMMUNICATIONS

    IF YOU AGREE TO THE TERMS OF THIS AGREEMENT BY SELECTING THE “I AGREE” CHECKBOX BELOW YOU WILL HAVE CONSENTED TO, AMONGST OTHER MATTERS, RECEIVE DOCUMENTS AND COMMUNICATIONS ELECTRONICALLY AS DESCRIBED MORE FULLY IN THE E-SIGN DISCLOSURE STATEMENT PREVIOUSLY SENT TO YOU. A COMPLETE COPY OF THAT DISCLOSURE STATEMENT MAY BE ACCESSED BY CLICKING ON THE APPROPRIATE LINK ON THE HOME PAGE. YOU ALSO AGREE THAT ANY COMMUNICATIONS OR NOTIFICATIONS REGARDING BREACHES OF SECURITY OR UNAUTHORIZED DISCLOSURES OF PROTECTED HEALTH INFORMATION REQUIRED BY APPLICABLE LAW MAY BE SENT TO YOU BY ELECTRONIC COMMUNICATIONS. WE WILL ONLY SEND YOU SUCH COMMUNICATIONS ELECTRONICALLY IF YOU SELECT THE “I AGREE” CHECKBOX BELOW. IT IS THE COMPANY’S POLICY THAT YOU HAVE THE RIGHT TO RECEIVE ALL COMMUNICATIONS IN WRITING ON PAPER SHOULD YOU WISH, THAT YOU HAVE THE RIGHT TO WITHDRAW YOUR CONSENT TO ELECTRONIC COMMUNICATIONS AT ANY TIME WITHOUT CONSEQUENCE, THAT YOUR CONSENT TO ELECTRONIC COMMUNICATIONS APPLIES TO ALL COMMUNICATIONS BETWEEN US, AND THAT SHOULD YOU WISH TO RECEIVE A PAPER COPY OF A DOCUMENT YOU MAY CONTACT THE COMPANY PURSUANT TO THE INSTRUCTIONS SET FORTH BELOW AT ANY TIME AND SUCH DOCUMENT WILL BE SENT PROMPTLY TO YOU.

  4. BANNING USERS; TERMINATION

    This Agreement is in force with respect to all Users at all times. The Company, in its sole discretion, may immediately terminate Users who use this Site in material violation of the terms of this Agreement or Applicable Law. In addition, this Agreement may be terminated or amended by the Company at any time, with respect to any User, for convenience, immediately after sending written notice to the Users email addresses. Users may terminate this Agreement by sending a specific request seeking termination of this Agreement to the Company at 10604 Justin Drive, Des Moines, Iowa, 50322, Attn: eStatement, by email to estatement@paymentcenteronline.com or by calling the Company at 1-800-777-8645. Your request to terminate shall become effective two (2) business days after the Company has received your request. Upon termination of this Agreement, your rights to access the Site and the Services shall immediately cease. Regardless of the cause of termination of this Agreement or the identity of the terminating party, the provisions of this Agreement shall survive such termination to the extent necessary to give full force and effect to such provisions.

  5. LINKS TO OTHER SITES

    The Site offers a link to another site on the Internet that will permit you to make payments on your Account online. The site is http://www.paymentcenteronline.com.

  6. DISCLAIMER

    USE OF THIS SITE AND THE SERVICES ARE AT YOUR OWN AND SOLE RISK. THE SERVICES OFFERED THROUGH THIS SITE ARE OFFERED ON AN "AS-IS" BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. THE COMPANY DOES NOT AND CANNOT VOUCH THAT THIS SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR, DISRUPTION OR BREAKDOWN.

  7. LIMITATION OF LIABILITY

    You agree that the Company, its officers, directors, employees and agents shall not be liable or obligated, under any legal theory, for any direct, indirect, incidental, special, punitive, consequential or other damages (“Damages”) sustained as a result of electronic malfunctions or difficulties, outages, disruptions, breakdowns, failed or incomplete transmissions, viruses, Trojan horses or the like, and that all Damages resulting from such causes are outside the Company’s reasonable control.

  8. AMENDMENT OF THIS AGREEMENT

    The Company may amend this Agreement at any time by posting the amended terms on this Site. Your use of this Site following any amendment of this Agreement will signify your assent to and acceptance of the revised terms.

  9. ASSIGNMENT

    This Agreement and any rights granted hereunder may not be transferred, sublicensed, or assigned by you, but may be assigned by the Company without restriction. Any transfer, sublicense, or assignment in violation of this Section shall be null and void.

  10. GOVERNING LAW; JURISDICTION; VENUE

    This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without regard to principles of conflicts of law (whether of the State of Illinois or any other jurisdiction). Each party to this Agreement hereby irrevocably and unconditionally consents to submit, for any action, proceeding or investigation in any court, arbitration or before any government authority arising out of or relating to this Agreement and the transactions contemplated hereby, to the exclusive jurisdiction of state and federal courts located in the State of Illinois within one hundred (100) miles of the city of Moline.

  11. SEVERABILITY

    If any provision herein is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, legal, operative and enforceable to the maximum extent permitted by Applicable Law while preserving its original intent. The invalidity, illegality or unenforceability of any part of this Agreement shall not render invalid the remainder of this Agreement.

  12. PRIVACY POLICY

    The Company may, in accordance with the terms of the Company Online Privacy Policy, set forth on this Site, as amended from time to time (the “Privacy Policy”), share personal information of Users in response to a court order or subpoena, to ensure lawful use of the Site, and for certain other purposes set forth in the Privacy Policy. You hereby acknowledge that you have reviewed the Privacy Policy and agree to: (i) the Company’s use of information about you in accordance with the Privacy Policy; and (ii) abide by the terms of the Privacy Policy.

  13. E-SIGN CONSENT

    You have previously consented to receive electronic communications as described in the email initially sent to you by us to you. YOU MAY WITHDRAW YOUR CONSENT TO ELECTRONIC COMMUNICATIONS AT ANY TIME BY LOGGING ONTO THE SITE AND “CLICKING” THE BUTTON LABELED “OPT OUT - CANCEL ESTATEMENT SERVICES” AND FOLLOWING THE STEPS FOR WHICH YOU WILL BE PROMPTED THEREAFTER. YOUR “CLICKING” SUCH BUTTON WILL SERVE AS YOUR NOTICE TO US THAT YOU WISH TO RECEIVE PAPER COMMUNICATIONS RATHER THAN ELECTRONIC COMMUNICATIONS.