Usage terms and conditions that protects us all.
LAST UPDATED: 11/22/2021
Conditions on your use of the Site
Prohibited uses of the Site
Third party content
Disclaimer of Warranty, Limitation of Liability, and Class Action Waiver
Limitation of Time to File Claims
Intellectual Property Rights
Term and Termination
Governing Law and Jurisdiction
The Site is intended to be used by adults (18 years of age or older) to request and submit credentialing information from and to third parties, including but not limited to governmental agencies, professional and accreditation bodies, health care organizations and health plans. We collect, store and share your credentialing information in a “digital wallet.”
CONDITIONS ON YOUR USE OF THE SITE
As a condition of your use of the Site, you understand and agree to all of the following:
You are an adult who is at least 18 years of age;
You have the legal capacity to enter into a binding legal obligation;
All the information you provide to the Site is at all times true, accurate, current and complete;
You must treat your username and password or any other piece of information provided as part of our security procedures as confidential and must not disclose it to any other person or entity. You are solely responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all uses of your username and password and for access to your account, whether or not authorized by you; and
You will notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
PROHIBITED USES OF THE SITE
Use the Site for any illegal, unethical, abusive, offensive, harassing or unsolicited purpose;
Sell, resell, rent or lease the Site, use the Site beyond its intended purposes or reverse engineer the Site or decode, or otherwise attempt to derive or gain access to the software code of the Site or any part thereof;
Use the Site to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights (including without limitation any privacy rights);
Use the Site in any way that is damaging to the Site or interferes with or disrupts the integrity or performance of the Site;
Misrepresent your identity, provide false information, impersonate another person or entity, or misrepresent your relationship with a person or entity or attempt to use another person’s account;
Attempt to gain unauthorized access to the Site;
Remove or modify any proprietary marking or restrictive legends in the Site;
Engage in any data monitoring, data mining, data harvesting, data extraction or any other similar activity in relation to the Site or while using the Site;
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or to attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
Access the Site to build any competitive product or service, or to copy any material on the Site for competitive purposes; or
Assist a third party in engaging in any of these prohibited activities.
THIRD PARTY LINKS
DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY AND CLASS ACTION WAIVER
AXUALL DOES NOT GUARANTEE THAT INFORMATION ON THE SITE WILL BE ACCURATE, COMPLETE, TIMELY, ERROR-FREE, SECURE, OR WITHOUT INTERRUPTIONS. YOU UNDERSTAND AND AGREE THAT THE SITE, ANY SERVICES PROVIDED THROUGH THE SITE, AND ALL THIRD PARTY INFORMATION ON THE SITE ARE PROVIDED “AS IS,” WITH ALL FAULTS. AXUALL MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE SITE OR THE MATERIALS CONTAINED ON THE SITE. AXUALL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND AXUALL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. . SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AXUALL, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES AND BUSINESS PARTNERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED $1,000. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR AXUALL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
AXUALL DISCLAIMS RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE PROPERTIES.
LIMITATION OF TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
INTELLECTUAL PROPERTY RIGHTS
Our name, Axuall, and the Axuall logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Axuall or its affiliates or licensors. You must not use such marks without the prior written permission of Axuall. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
TERM AND TERMINATION
Any unauthorized access or use of the Site;
Tampering with or alteration of any of the software or data files contained in, or accessed through, the Site;
If Axuall determines in its sole discretion that you have used or are using the Site in any fraudulent or illegal purpose, including if you are engaged in suspicious activity or Axuall determines that your continued use of the Site would cause Axuall to violate any applicable law or would place Axuall at material risk of suffering any sanction, penalty or liability; or
If your actions or omissions create an immediate threat or may cause material harm to any person or organization.
You may terminate your user account for any reason by emailing Axuall at firstname.lastname@example.org.
GOVERNING LAW AND JURISDICTION
Reporting Discrepancies and Practitioner Support
Reporting A Discrepancy
Any issues that arise during a practitioner’s or client’s use of the system will generate a ticket within Axuall’s help desk ticketing system. If a practitioner identifies a problem specific to their credentialing information, in addition to emailing email@example.com, they can highlight the issue directly from their account while logged in to the system, which will generate a ticket. A practitioner may also speak with an in application live chat support representative at any time while they are logged in to the Axuall system. The Practitioner will see any resolved issues by logging in to their account.
Resolving a Discrepancy
The Credentialing Staff is responsible for addressing any Credentialing related issues submitted from Practitioners or Clients through the HelpDesk Ticketing System or online chat support and documenting the steps taken to resolve credentialing discrepancies within the Help Desk ticket. The system will be monitored daily and new tickets reviewed within 3 business days. If the data discrepancy involves
third-party data sources (example: AMA), then the appropriate discrepancy resolution steps will be taken with that respective source. Communication should be maintained with the Practitioner or Client until the issue is resolved. An email will be sent to all parties by the system once the ticket has been resolved and closed.
If a Practitioner or Client is not satisfied with a resolution or has additional concerns, the communication will be escalated to the VP of Customer Success. Identified issues will be communicated to senior management and reviewed quarterly.