Terms of Service
These Terms of Service govern access to and use of the software, analytics dashboards, and associated services provided by Clarity Health Revenue Cycle Management.
1. Acceptance of Terms
By accessing, executing an agreement for, or utilizing the software, analytics dashboards, and associated services (collectively, the “Services”) provided by Clarity Health RCM, the Customer agrees to be bound by these Terms of Service (“Terms”). If the Customer does not agree to these Terms, the Customer is prohibited from accessing or utilizing the Services.
2. License Grant and Restrictions
Subject to the Customer’s continuous compliance with these Terms and timely payment of all applicable fees, Clarity Health RCM grants the Customer a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services solely for the Customer's internal business operations. The Customer shall not: (a) reverse engineer, decompile, or disassemble the Services; (b) modify or create derivative works based upon the Services; or (c) rent, lease, or otherwise permit third parties to access the Services without Clarity Health RCM’s express written consent.
3. Intellectual Property Rights
All rights, title, and interest in and to the Services, including all associated intellectual property rights, shall remain the exclusive property of Clarity Health RCM and its licensors. No rights are granted to the Customer hereunder other than as expressly set forth herein.
4. Taxes
All fees and charges are exclusive of applicable taxes. The Customer shall be solely responsible for the payment of all sales, use, excise, value-added, or similar taxes, duties, and assessments imposed by the State of Illinois, or any local jurisdiction therein, arising from or related to the provision or use of the Services.
5. Disclaimer of Warranties
THE SERVICES ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLARITY HEALTH RCM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED. NO WARRANTY OR GUARANTEE IS IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CLARITY HEALTH RCM DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR THAT ANY SPECIFIC FINANCIAL OR OPERATIONAL OUTCOME WILL BE ACHIEVED.
6. Limitation of Liability
IN NO EVENT SHALL CLARITY HEALTH RCM, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF CLARITY HEALTH RCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLARITY HEALTH RCM’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO CLARITY HEALTH RCM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
7. Governing Law and Jurisdiction
These Terms, and any disputes, claims, or controversies arising out of or related to this Agreement or the Services, shall be governed by and construed exclusively in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. The Customer expressly consents to the exclusive jurisdiction and venue of the state and federal courts located within the State of Illinois for the resolution of any such disputes.
Contact us
Questions about these terms can be sent to info@clarityhealthrcm.com.