IMPORTANT – READ CAREFULLY: This MCO Portal Access Agreement (“Agreement”) constitutes a legal agreement, which governs the relationship between Homecare Software Solutions, LLC d/b/a HHAeXchange (“we,” “our,” “us,” or “HSS”) and the users (“you” or “Customer”) who use our free provider portal (“Portal”). For the avoidance of doubt, “you” and “Customer” include the individual users and the business entity on whose behalf the individual user access or uses our Portal. This Agreement shall be effective as of the date of acceptance by Customer. HSS and Customer are each a “Party” and collectively the “Parties”.
HSS PROVIDES CUSTOMER AND ITS AUTHORIZED USERS ACCESS TO ITS PORTAL SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT CUSTOMER AND ALL OF ITS AUTHORIZED USERS ACCEPT AND COMPLY WITH ALL TERMS AND CONDITIONS IN THIS AGREEMENT. BY ACCESSING OR USING THE PORTAL OR CHECKING THE BOX INDICATING CUSTOMER’S AGREEMENT, CUSTOMER: (A) ACCEPTS THIS AGREEMENT AND AGREES THAT CUSTOMER IS LEGALLY BOUND BY ITS TERMS AND CONDITIONS; (B) REPRESENTS AND WARRANTS THAT, AS AN INDIVIDUAL, CUSTOMER IS 18 YEARS OF AGE OR OLDER; (C) REPRESENTS AND WARRANTS THAT IT HAS THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND BIND CUSTOMER (BOTH AS AN INDIVIDUAL AND ON BEHALF OF ITS BUSINESS ENTITY) TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT; AND (D) REPRESENTS AND WARRANTS THAT IT WILL CAUSE ALL OF ITS AUTHORIZED USERS TO COMPLY WITH ALL REPRESENTATIONS, WARRANTIES, COVENANTS, RESTRICTIONS, OBLIGATIONS AND AGREEMENTS SET FORTH IN THIS AGREEMENT. IF CUSTOMER DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, HSS WILL NOT AND DOES NOT HAVE ANY OBLIGATION TO PROVIDE CUSTOMER OR ITS AUTHORIZED USERS ACCESS TO THE PORTAL AND MAY IMMEDIATELY SUSPEND CUSTOMER’S AND ITS AUTHORIZED USERS’ ACCESS TO THE PORTAL. IF CUSTOMER DOES NOT AGREE TO ANY TERM OR CONDITION HEREIN, CUSTOMER MUST NOT ACCESS OR USE THE PORTAL AND MUST NOT PERMIT ANY OF ITS AUTHORIZED USERS TO ACCESS OR USE THE PORTAL. “AUTHORIZED USERS” MEANS ANY INDIVIDUAL OR ENTITY WHO IS AUTHORIZED BY CUSTOMER TO USE THE PORTAL UNDER CUSTOMER’S ACCOUNT. CUSTOMER MAY PROVIDE AUTHORIZED USERS ACCESS TO THE PORTAL IF AND ONLY IF CUSTOMER CAUSES ALL AUTHORIZED USERS TO AGREE IN WRITING TO COMPLY AT ALL TIMES WITH ALL REPRESENTATIONS, WARRANTIES, COVENANTS, RESTRICTIONS, OBLIGATIONS AND AGREEMENTS.
THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY, FROM TIME TO TIME, BE AMENDED BY HSS IN ITS SOLE AND ABSOLUTE DISCRETION. TO THE EXTENT THAT HSS MAKES ANY MATERIAL CHANGES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, IT WILL USE ITS BEST EFFORTS TO NOTIFY CUSTOMER WITHIN THIRTY (30) DAYS OF SUCH CHANGE TAKING EFFECT. BY CHECKING THE BOX INDICATING YOUR AGREEMENT AND CONTINUED USE OF THE PORTAL AFTER HSS NOTIFIES CUSTOMER OF MATERIAL CHANGES TO THIS AGREEMENT, CUSTOMER AGREES TO BE BOUND BY SUCH CHANGES TO THIS AGREEMENT.
In consideration of your use and access to the Portal, you acknowledge and agree that you have read and understand this Agreement and agree to be bound by the following terms and conditions:
CUSTOMER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. BY CHECKING THE BOX, CUSTOMER IS AGREEING TO THE TERMS AND CONDITIONS SET FORTH ABOVE. IF CUSTOMER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, CUSTOMER SHALL NOT CHECK THE BOX.