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Last Updated: January, 2022
This Terms of Use Agreement (“Terms of Use” or “Agreement”) governs your access and use of the software, websites, and services described herein.
Throughout this Agreement you will see the terms “Website,” “Portal,” and “Patient” and “Finance Company”. The term “Website” refers to the PatientLIENQ “LIENQ” internet web address located at https://patientlienq.com. The term “Portal” or “Patient Portal” refers to https://patientlienq.com/portal-login, which is the internet web address that provides access to patient bills, electronic health records that are created, received, or maintained by Providers who have entered into an agreement with LIENQ. The term “Patient” refers to the patients of providers. The terms “you”, “your,” and “I”, refers to the person signing into the Portal, with the objective of interacting with the provider’s billing and electronic health record.
It is important that you read and understand all of the following terms and conditions carefully. You understand and agree that this Terms of Use Agreement is a legally binding agreement between you and LIENQ. It states the terms and conditions under which you may access and use the Portal and all written and other materials displayed or made available through the Portal, which may include, without limitation: clinical documentation, health records, articles, text, photographs, billing records and images, (the “Content”). By accessing and using the Portal, you are indicating your acceptance and confirm that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, your immediate remedy is to not access or continue to use the Portal. LIENQ reserves the right at its sole discretion to make changes to portions or all of these Terms of Use at any time. Your continued use of the Portal after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement. LIENQ does not assume any obligation to notify you of any changes to this Agreement.
All providers and finance companies that have entered into an agreement with LIENQ are eligible to use the Patient Portal. Access to the Portal is provided with single sign-on using login credentials (username and password) and remains active unless you notify us that you would like to opt-out, or, you have violated these terms and conditions resulting in termination of your access.
You understand that the Portal is intended to be used only by individuals who wish to use the services and functionality that the Portal provides in connection with the health care services provided by providers and finance companies who have entered into an agreement with LIENQ. You understand that all communication through the Portal will be in regard to the health care services and billings of a patient of provider. LIENQ does not assume any liability whatsoever for any health information or advice used by persons other than the user; the person that is logging in to the Portal to access health care and billing records.
The Content on the LIENQ Website, or the Portal is NOT considered medical advice or treatment rendered and is not intended in any way to be a substitute for direct patient care. In more specific terms, the Content is not intended for use in the diagnosis, cure, treatment, or prevention of any disease and must never be relied on to make medical or clinical decisions regarding your care.
The presentation of Content on the LIENQ Website, or the Portal does not establish a provider-patient relationship or an attorney-client relationship between you and LIENQ (or any of its providers) and is not intended as a solicitation of individuals to become patients or clients of the LIENQ or any of its providers, attorneys or finance companies.
You understand that the Portal is accessible on many of the major computing platforms that offer a web-based browser. LIENQ makes every best attempt to ensure that the user experience is consistent across each platform. You understand that depending on which platform and browser you use to access the Portal the “look” and “feel” may be slightly different. LIENQ does not recommend or endorse any specific technology to access the Portal. You understand that the Portal is only available from a web-based browser; an “App” for mobile devices is not available at this time. However, the Portal can be accessed with any internet capable web-based browser on your mobile device. Additionally, unless specifically stated, LIENQ does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the LIENQ Website.
The Portal is provided “AS IS” and “AS AVAILABLE.” While LIENQ endeavors that the Portal is accessible 24/7, LIENQ makes no representations or warranties, expressed or implied that the Portal will be made available at “ALL TIMES.” You acknowledge and agree that your access and use of the Portal is provided entirely AS IS except in the case of events beyond LIENQ’s reasonable control including, without limitation: Internet outages or interruptions to service, repair or system maintenance, natural disasters and acts of terrorism, or war. You assume full responsibility and risk of loss of private information resulting from the downloading, printing and/or accessing of the records or any other Content via the Portal, which includes, but is not limited to loss of privacy of such records. LIENQ assumes no accountability and disclaims all liability resulting from inaccuracies or inaccessibility in any software, communication lines, the Internet, your Internet Service Provider (ISP), or technical issues originating from the computer or device that you use to access the Portal. In the event that the Portal is unavailable, there are other methods of contact available to you, such as the telephone or email. LIENQ makes no guarantees on the completeness, accuracy, consistency, or currency of the information available to you on the Portal.
In no event shall LIENQ, its providers, directors, employees, agents, and workforce members, and their respective successors and assigns be liable for damages of any kind, including, without limitation: any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation: any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Portal or the Content, or your inability to use the Portal, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if LIENQ knew of or ought to have known of the possibility of such damages.
LIENQ also expressly disclaims any and all liability for ANY INADVERTENT LOSS OF DATA TO OR FROM THE PORTAL OR DAMAGE TO COMPUTER OR MEDIA AS A RESULT ERRORS CAUSED BY HUMAN AND/OR MACHINE ERRORS, OMISSIONS, OR DELAYS. YOU UNDERSTAND AND AGREE THAT USE OF OR CONNECTION THROUGH THE INTERNET IS INHERITENTLY INSECURE AND THAT USING THE INTERNET TO CONNECT TO THE PORTAL PROVIDES OPPORTUNITY FOR UNAUTHORIZED ACCESS BY A THIRD PARTY TO COMPUTER SYSTEMS, MOBILE DEVICES, NETWORKS AND ANY AND ALL INFORMATION STORED THEREIN.
Under no circumstances shall LIENQ, its providers, directors, employees, agents, and workforce members, and their respective successors and assigns, be liable for any ADVERSE injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever OF YOUR CONNECTION TO OR USE OF THE PORTAL, THE INTERNET, OR MOBILE DEVICES. LIENQ SHALL NOT BE LIABLE OR RESPONSBILE FOR: (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, or services located at, or made available on the Portal or any Website linked to or from the LIENQ Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if LIENQ knew of or ought to have known of the possibility of such damages.
You agree to indemnify, defend, and hold harmless LEINQ and its providers, directors, employees, agents, and workforce members, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation: legal fees and disbursements resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Portal (iii) your use of, reliance on, publication, communication, distribution, printing, uploading, or downloading of anything (including the Content) on or from the Portal.
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, and non-exclusive license to access, view, and use the Portal and the Content for your personal use. You are granted the right to download, store, and/or print copies of items comprising the Content for your use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Portal. In the event of a conflict between the terms of a license governing specific Content and this Agreement, the terms of the specific license shall govern.
You understand that the Portal utilizes single sign-on. You understand that you alone are responsible for protecting the confidentiality of your username and password. This responsibility includes not allowing another person to use your credentials to access the Portal. You understand that if this information is shared with anyone, or compromised then all inquiries and submissions made via the Portal will be logged under your username. Furthermore, you understand that you will be responsible for any losses or damages that may occur as a result of your failure to maintain the strict confidentiality of your username and password. If you suspect that your password has been compromised, your immediate remedy is to change it by visiting https://patientlienq.com/forgot-password and clicking on the reset/create password link.
You understand that electronic secure messaging via the Portal is configured such that you are not able to initiate a conversation with LIENQ staff. You are however able to respond to certain messages the LIENQ sends to you electronically via the Portal. You agree that you will not use the secure message feature to misrepresent your identity, interfere, abuse, intimidate, harass, or stalk any other user(s) of the Portal. You understand that messages you receive may contain important information vital to the patient’s medical care and billings for same and understand that it is your responsibility to monitor these messages. You agree not to hold LIENQ liable for any losses, injury or claims of any kind resulting from your failure to read electronic messages sent to you in a timely manner. Messages sent electronically between you and LIENQ are not guaranteed to take place, in real-time; therefore, no attempts should be made by you to send any communication electronically to LIENQ requiring immediate or prompt attention. LIENQ will make every best attempt to provide you with a timely response to electronic inquiries made from the Portal. The typical response time LIENQ for is up to two (2) business days.
The Portal offers complimentary text messaging services to help you stay informed. With accepting these Terms of Service, you agree to receive text messages from the Portal with important updates and reminders related to your account, visit updates or compliance related information that requires your attention. You further understand that your consent to receive these text messages is not required as a condition of receiving services funded through [funder name] and your PHI will not be shared with third parties for marketing purposes. You may opt out of this service at any time by replying STOP to any text message received from the Portal. Message frequency may vary. Message and data rates may apply. If you have any questions about text services, call us at (800) 688-0650.
The Portal provides a feature which allows you to upload (“post”) “Submissions” in the form of text, pictures, documents or other files to the Document Upload area of the Portal that are then accessed by LIENQ staff. This feature is intended for use by you to submit files and documents to LIENQ electronically in place of, or in addition to sending documents through the mail. LIENQ reserves the right at all times to preserve any information as required to cooperate with any law enforcement requests, or to edit, refuse to post, or refuse to remove any upload, in whole or in part, that, in LIENQ’s sole discretion, are objectionable or in violation of this Agreement. You acknowledge that you alone are responsible for the Content of your Submissions and the consequences thereof.
By posting or uploading Submissions to the Portal, you grant LIENQ a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, license to use, reproduce, store, transmit, or display such Submissions for any treatment, payment, or healthcare operations purposes. You acknowledge and agree that LIENQ is not responsible for any loss, damage, or corruption that may occur to your Submission; and acknowledge and agree that your Submission will be kept confidential consistent with federal and state laws.
LIENQ utilizes industry best practices specified in the HIPAA Security Rule located at § 45 CFR Part 160, subparts A and C of Part 164 to ensure the health information on the Portal is confidential and secure. You understand that if you choose to download, or print out medical records and misplace or lose them, then that information may longer be private and you understand and agree to hold harmless LIENQ for any information you may have lost or misplaced. You acknowledge that there are additional security features that you can monitor to help ensure the health information remains protected. You agree and understand LIENQ assumes no liability or responsibility for any message and data rate charges that may apply.
LIENQ reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Portal (or any part thereof) with or without notice to you. LIENQ shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Portal or any part thereof.
Any cause or action arising out of or related to this Agreement may only be brought in the courts of applicable jurisdiction in the State of Colorado, without regard to its conflicts of law principles, and the parties hereby submit to the jurisdiction and venue of such courts.
Any consent by LIENQ to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach. You understand if you choose to share your password with another person, you understand that LIENQ assumes no responsibility and will not be liable for any breach of confidentiality that may occur to electronic medical and billing recorda as a direct result of you intentionally sharing, inadequately protecting or failing to protect your password.
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
You acknowledge and agree that LIENQ may preserve any communications, secure messages, and document uploads sent/received through the Portal and may disclose such communications when disclosure is reasonably necessary to: (1) comply with investigations by law enforcement agencies; (2) enforce this Terms of Use Agreement; (3) respond to claims that any communication harms or violates the rights of others; (4) protect the rights and personal safety of LIENQ and its providers, directors, employees, agents, workforce members, and their respective successors and assigns or (5) to respond to any vail subpoena or court order relating to the care, treatment or payment for services rendered to patients. LIENQ may, at its sole discretion, suspend or terminate your right to use the Portal, either temporarily or indefinitely at any time without notice if you are found in violation of this Terms of Use Agreement. In the event of suspension or termination, you are no longer authorized to access the Portal which shall survive in effect as full force the termination of this Agreement. LIENQ shall not be liable to any party for such termination.
This is the entire Agreement between you and LIENQ relating to your access and use of the Portal.