ProviderVantage Terms of Service
By using the ProviderVantage web site (providervantage.com) and service (the
"Service"), you are agreeing to be bound by the following terms and conditions ("Terms
of Service").
Violation of the terms herein will result in suspension of your account. While Hebert
Systems LLC ("Hebert Systems") prohibits improper conduct and posting of improper content
on the Service, you understand and agree that Hebert Systems cannot be responsible
for the content posted on the Service and you nonetheless may be exposed to such
materials. You agree to use the Service at your own risk.
Account Terms
- You must be 18 years or older to use the Service.
- You must register for the Service in your individual capacity. Accounts registered
by automated methods are not permitted.
- You must provide a valid email address, along with any other requested information,
in order to complete the signup process.
- Your primary account may only be used by one person. You may create as many secondary
accounts under your primary account as are necessary for your organizational needs.
Each secondary account will have the access privileges that accompany the role(s)
you assign to them. Each secondary account is also subject to the same terms and
conditions set forth herein.
- You are responsible for maintaining the security of your primary and secondary accounts
and passwords. Hebert Systems LLC cannot and will not be liable for any loss or
damage resulting from your failure to comply with this and other security obligations
set forth herein.
- You are responsible for all content posted and any activity that occurs under your
primary and secondary accounts.
- You must not use the Service for any illegal or unauthorized purpose. Any use of
the Service that violates any local, state, or federal laws is strictly prohibited.
Hebert Systems will not be responsible or liable for any losses or damages resulting
from illegal, unauthorized, or improper use of the Service.
Payment
- A valid credit card is required for payment with the online payment process.
- A valid check is required for payment by mail.
- You are billed at the end of the month for any activity
during that month.
- You will be billed monthly via email. Failure to pay the full amount due by the
indicated due date will result in suspension of your account. Reactivation of your
account will be handled on a case-by-case basis thereafter.
- All fees are exclusive of taxes, levies, and/or duties imposed by taxing authorities,
and you shall be responsible for payment of all such taxes, levies, or duties.
Cancellation and Termination
- You may cancel your account at any time using the on-line cancellation process.
- There is no contract or minimal service term.
- Hebert Systems, in its sole discretion, has the right to suspend or terminate your
account and refuse any and all current or future use of the Service, or any other
Hebert Systems service, for any reason at any time. Such termination of the Service
will result in the deactivation or deletion of your Account.
- Hebert Systems reserves the right to refuse service to anyone for any reason at
any time.
Modifications to the Service and Prices
- Hebert Systems reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees
to the Service, are subject to change upon 30 days notice from us. Such notice may
be provided at any time by posting the changes to the ProviderVantage Site (www.providervantage.com)
or the Service itself.
- Hebert Systems shall not be liable to you or to any third party for any modification,
price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service.
Your profile and content uploaded remain yours.
- Hebert Systems does not pre-screen Content, but Hebert Systems and its designee
have the right (but not the obligation) in their sole discretion to refuse or remove
any Content that is available via the Service.
- Use of the Service is subject to applicable intellectual property laws, including
copyright, trademark, patent, and/or trade secret laws and all rights are reserved.
You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design
elements without express prior written permission from Hebert Systems.
General Conditions
- The Service is provided on an "as is" and "as available" basis. Use of the Service
is at your sole risk.
- Technical support is only provided for current and paying account holders and is
only available via email or phone.
- You must not modify, adapt or hack the Service or modify another website so as to
falsely imply that it is associated with the Service, Hebert Systems, or any other
Hebert Systems service.
- The ProviderVantage software and Service are proprietary. You must not reproduce,
duplicate, copy, sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service without the express written permission of Hebert
Systems.
- We may, but have no obligation to, remove Content and Accounts containing Content
that we determine in our sole discretion are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable, or that violate any
party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution)
of any Hebert Systems customer, employee, member, or officer will result in immediate
account termination.
- You understand that the technical processing and transmission of the Service, including
your Content, may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam"
messages.
- You must not transmit any worms or viruses or any computer code of a destructive
nature.
- Hebert Systems does not warrant that (i) the Service will meet your specific requirements,
(ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the
results that may be obtained from the use of the Service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased
or obtained by you through the Service will meet your expectations, or that (v)
any errors in the Service will be corrected.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT HEBERT SYSTEMS SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF HEBERT SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
(V) OR ANY OTHER MATTER RELATING TO THE SERVICE.
- The failure of Hebert Systems to exercise or enforce any right or provision of the
Terms of Service shall not constitute a waiver of such right or provision. The Terms
of Service constitutes the entire agreement between you and Hebert Systems and govern
your use of the Service, superceding any prior agreements between you and Hebert
Systems (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support at providervantage.com.
Hebert Systems LLC reserves the right to update and amend these Terms of Service
without notice. Any additions or enhancements to the Service shall be subject to
the Terms of Service. Your continued use of the Service constitutes your consent
to any such changes and constitutes your consent to the latest Terms of Service.
You can review the most current version of the Terms of Service at the following
address: www.providervantage.com/Terms.htm.