Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement governing access to and use of websites, portals, applications, content, forms, and other online services provided by MWE Medical Billing Corp., a California corporation doing business as Medical Office Services ("Medical Office Services," "MOS," "we," "us," or "our") that link to these Terms (collectively, the "Services").

By accessing or using the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree to these Terms, do not use the Services.

Additional written agreements may govern particular MOS services, including client service agreements, Business Associate Agreements ("BAAs"), confidentiality agreements, and other contracts. If these Terms conflict with an executed written agreement between MOS and a client concerning the same subject matter, the executed agreement will control to the extent of the conflict.

2. Business-to-Business Nature of Services

MOS primarily provides professional medical billing, coding, revenue-cycle-management, accounts-receivable, denial-management, consulting, and related administrative services to healthcare practices and other business clients. Unless expressly stated otherwise, the Services are intended for business and professional use and are not intended to establish a physician-patient relationship or provide medical treatment.

3. No Medical Advice

MOS does not provide medical diagnosis, treatment, medical advice, or emergency healthcare through this website. Website content concerning healthcare administration, billing, coding, reimbursement, compliance, or related topics is provided for general informational and business purposes. Nothing on the Services should be interpreted as medical advice to a patient. If you have a medical emergency, contact appropriate emergency medical services.

4. No Legal, Tax, or Financial Advice

General information made available through the Services does not constitute legal, tax, accounting, investment, or other professional advice outside the scope of MOS's contracted services. Healthcare billing, reimbursement, coding, privacy, compliance, and payer requirements may change and may depend on particular facts. Clients remain responsible for obtaining independent professional advice where appropriate.

5. No Guarantee of Reimbursement or Financial Results

MOS may provide information concerning medical billing, coding, accounts receivable, denials, reimbursement, revenue-cycle performance, or related matters. Results depend upon numerous circumstances outside MOS's control.

• payer policies, coverage, patient eligibility, medical necessity, documentation, coding, provider enrollment, timely filing, and contractual arrangements
• governmental requirements, payer determinations, client actions, patient information, and changes in law or industry practices
• MOS does not guarantee payment of any claim, reimbursement of any amount, collection of any account, elimination of denials, a particular revenue increase, payer acceptance, credentialing approval, specific financial performance, or any particular business outcome unless expressly provided in a written agreement signed by MOS

6. Website Information

MOS endeavors to provide useful and accurate information but website information may contain errors, omissions, or outdated material. MOS may modify content without notice. Users should independently confirm information where accuracy is material to a business, clinical, financial, legal, or regulatory decision.

7. Authorized Portal Access

Certain portions of the Services may be restricted to authorized users. Portal access is personal to the authorized user and may not be shared unless MOS expressly permits otherwise.

• provide accurate account information and maintain the confidentiality of credentials
• use multifactor authentication where required and do not share authentication credentials
• use only accounts assigned to you and access only organizations and information you are authorized to access
• promptly report suspected compromise, secure unattended sessions, and comply with MOS and organizational security requirements

8. Organization Authorization

If you access the Services on behalf of a medical practice, company, healthcare organization, or other entity, you represent that you have authority to act on behalf of that organization to the extent necessary for your use of the Services. Your access may be subject to permissions established by MOS and/or the organization with which your account is associated. MOS may restrict, suspend, modify, or terminate access when reasonably necessary for security, contractual, legal, operational, or administrative reasons.

9. User Roles and Permissions

Portal features may vary based upon assigned roles and permissions. The fact that a technical interface makes information or functionality visible does not necessarily grant legal authorization to use that information or functionality. Users may access and use only information and functions within the scope of their legitimate authorization. Attempting to obtain access beyond assigned authorization is prohibited.

10. HIPAA and PHI

MOS may act as a HIPAA business associate when performing services involving PHI on behalf of a covered entity. Permitted uses and disclosures of PHI are governed by HIPAA, HITECH, applicable regulations, applicable BAAs, and other applicable law. These Terms do not replace a BAA. Nothing in these Terms authorizes either party to use or disclose PHI in a manner prohibited by applicable law or an applicable BAA.

11. Public Website Is Not a Patient Portal

The public MOS website is not intended to function as a patient portal or medical-record submission system. Patients should ordinarily communicate directly with their healthcare provider concerning medical records, diagnoses, treatment, prescriptions, appointments, medical questions, requests to exercise HIPAA patient rights, and other patient-care matters.

12. Prohibition on PHI in Unauthorized Channels

Do not submit PHI or other highly sensitive information through general public website forms, ordinary marketing forms, newsletter forms, ordinary email, or other channels that MOS has not expressly designated for that purpose. Only authorized users acting within the scope of an applicable client relationship may submit PHI through systems and methods specifically authorized by MOS and their organization.

You are responsible for ensuring that you possess appropriate authority to provide information to MOS. Accidental or unauthorized submission of PHI does not create a new service relationship, expand an existing BAA, or authorize MOS to use the information beyond what applicable law and agreements permit. Nothing in this section waives MOS's obligations under applicable law.

13. Authorized Uploads and Data Minimization

Where document-upload functionality is provided, you may upload only information you are authorized to possess and disclose to MOS, that is relevant to the permitted purpose, does not violate law or contractual restrictions, and is submitted using a channel appropriate for its sensitivity.

You must not upload malicious software, unlawful material, infringing content, or information belonging to another organization without authorization. Where PHI is involved, users should limit information transmitted to that reasonably necessary for the authorized purpose, consistent with applicable law and organizational policies. Do not upload complete medical records, broad patient datasets, or unnecessary sensitive information merely because an upload function is technically available.

14. Security

MOS uses safeguards designed to protect systems and information in accordance with applicable requirements. However, no Internet-connected system can be guaranteed to be completely secure or continuously available. This acknowledgment does not waive any obligation MOS has under HIPAA, HITECH, California law, an applicable BAA, or other applicable law.

15. Security Incident Reporting and Audit Logging

You must promptly notify MOS if you know or reasonably suspect unauthorized account access, credential compromise, unauthorized disclosure, misdirected PHI, inappropriate access, malware, phishing involving MOS credentials, lost devices containing MOS information, or another security incident affecting the Services. Do not attempt to conceal a suspected security incident.

To protect clients, users, MOS, and information systems, MOS may log and monitor activity within its systems as permitted by law. Records may include authentication events, account and access activity, document activity, administrative changes, security events, IP/device information, timestamps, and other activity reasonably necessary for security, compliance, troubleshooting, and auditing.

16. Prohibited Conduct

You may not access the Services without authorization; access another user's account; share credentials contrary to policy; impersonate another person; misrepresent authority; circumvent access controls; attempt privilege escalation; probe or scan systems without written authorization; introduce malware; interfere with availability; scrape in a manner that materially burdens the Services; reverse engineer protected portions except where law expressly permits; submit PHI through unauthorized public channels; alter audit records without authorization; or assist another person in prohibited activity.

17. Client Responsibility

Clients and authorized client representatives remain responsible for matters within their control, including accuracy and completeness of information provided to MOS, clinical documentation, medical necessity determinations, provider conduct, compliance obligations assigned to the client by law, patient relationships, workforce authorization, and promptly removing access for personnel who no longer require it. Responsibilities may be allocated differently by an applicable written agreement.

18. Intellectual Property and Feedback

The Services and their original content, design, graphics, interfaces, software, branding, trademarks, service marks, logos, compilation, and other materials are owned by or licensed to MOS and are protected by applicable intellectual-property laws. Except as expressly authorized, you may not reproduce, modify, distribute, sell, license, publicly display, create derivative works from, or commercially exploit MOS content.

MOS grants users a limited, revocable, nonexclusive, nontransferable right to access public website content for legitimate informational and business purposes. If you voluntarily provide non-confidential suggestions concerning MOS's website, interfaces, or services, MOS may use that feedback to improve its services without an obligation to compensate you, subject to applicable law and contractual confidentiality obligations. Do not include PHI in general product feedback.

19. Third-Party Services, Advertising, and Partner Content

The Services may link to or interoperate with third-party products and services. MOS is not responsible for independent third-party services outside MOS's control, and their use may be governed by separate terms and privacy policies. The presence of a link does not necessarily constitute an endorsement.

MOS may display advertisements, affiliate relationships, partner information, sponsorships, or promotional content on public portions of the Services. Where required by law or applicable standards, MOS will provide appropriate disclosures regarding material commercial relationships.

20. Availability, Suspension, and Termination

MOS may modify, update, suspend, or discontinue public website features at any time. Portal functionality may also be modified as permitted by applicable client agreements. MOS does not guarantee uninterrupted availability.

MOS may suspend or terminate an account when reasonably necessary because of termination of a client relationship, direction from an authorized client administrator, suspected unauthorized access, security risk, violation of these Terms or applicable agreements, unlawful activity, or another legitimate operational or legal reason. Handling of PHI and client information following termination remains subject to applicable agreements and law.

21. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PUBLIC WEBSITE CONTENT AND GENERAL INFORMATIONAL FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MOS DISCLAIMS WARRANTIES THAT MAY LAWFULLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

This disclaimer does not modify express warranties or service commitments contained in a separately executed agreement and does not disclaim duties that cannot lawfully be disclaimed.

22. Limitation of Liability and Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING SOLELY FROM USE OF OR INABILITY TO USE PUBLIC WEBSITE CONTENT, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE LIMITED. Any limitation of liability applicable to paid client services shall be governed primarily by the applicable executed client agreement.

To the extent permitted by applicable law and subject to any controlling written agreement, you agree to indemnify and hold harmless MOS and its officers, directors, employees, and agents from third-party claims arising from unlawful use of the Services, intentional violation of these Terms, unauthorized submission of information, infringement of third-party rights, or misuse of another person's account.

23. Privacy and Electronic Communications

Use of the Services is also subject to the MOS Privacy Policy, which is incorporated into these Terms by reference to the extent permitted by law. By using electronic Services or communicating electronically with MOS, you consent to receive communications electronically where permitted by law.

24. Governing Law, Venue, Waiver, and Severability

Except where federal law governs or applicable law requires otherwise, these Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Subject to any controlling written agreement and applicable law, disputes arising solely from use of the public website will be brought in a court of competent jurisdiction in the California county in which MWE Medical Billing Corp. maintains its principal place of business.

Failure by MOS to enforce a provision does not constitute a waiver. If a provision is invalid or unenforceable, it will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect unless applicable law requires otherwise.

25. Assignment, No Third-Party Beneficiaries, and Changes

Users may not assign rights under these Terms without MOS's consent. MOS may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or similar transaction, subject to applicable law and contractual obligations. Except where expressly provided by applicable law or written agreement, these Terms do not create rights in persons who are not parties to them.

MOS may revise these Terms periodically. The Last Updated date identifies the latest revision. Where required by law or contract, MOS will provide additional notice of material changes. Continued use following an effective modification constitutes acceptance only to the extent permitted by law.

26. Entire Agreement Regarding Public Website Use

For users who do not have a separate written agreement with MOS, these Terms and incorporated policies constitute the agreement concerning use of the public website. For MOS clients, these Terms supplement rather than replace applicable executed service agreements, BAAs, confidentiality agreements, and other contracts.