The Services Terms of Use  

Claim Manager Online Services Terms of Use

Last modified: Janulary 10, 2019

1. Purpose of the Agreement

These Terms of Use apply to your use of Claim Manager Online web application and Services (the "SERVICES"), distributed by Acclaim Consulting Inc. having a place of business in Richmond, British Columbia, Canada ("Acclaim", "we", or "Party").

By accessing or using the SERVICES you agree to be bound by these Terms of Use, our Website Terms of Use, Privacy Policy, and Data Sharing Agreement and any additional applicable policies, guidelines, restrictions or rules (collectively the "TERMS") that may be posted on our Website from time to time. All such additional posted guidelines, restrictions or rules are incorporated herein by reference.

2. Definitions

  • THE SERVICES mean web application developed by Acclaim Consulting Inc. for medical and health care practitioners in BC, available under the name Claim Manager Online and hosted on Web site secure.claimmanger.ca, together with certain documentation, media, manuals and other technical information. The SERVICES combine contact management with private billing and electronic claim submissions to Teleplan and might include additional features that facilitate business tasks of medical practices such as scheduling, reporting, group emails, etc. However, the SERVICES are not an Electronic Medical Records (EMRs) system and should not be used as an alternative to the traditional paper based patient record system.
  • SERVICES PLAN describes the amount of the Services you use and your consideration and terms of payment. A plan is chosen when an ACCOUNT OWNER requests a licence to use the SERVICES.
  • The SERVICE PROVIDER means Acclaim Consulting Inc.
  • A HEALTH CARE PRACTICE is a health-care business or medical clinic run by a Solo Practitioner, a Group of Practitioners or an Organization.
  • YOU, USER, LICENSEE or PARTY includes such users of the SERVICES as
    • a sole supplementary benefit practitioner such as an optometrist, acupuncturist, chiropractor, massage therapist, naturopath, physiotherapist or podiatrist (a "Sole Practitioner");
    • a sole physician (a "Sole Practitioner"),
    • an unincorporated group of physicians or practitioners (a "Group"),
    • a practitioner or physician organization, which may be a corporation or a partnership ("an ORGANIZATION"), and
    • a service bureau,
    in whose name the SERVICES are used, as well as their REPRESENTATIVES. USERS might use the SERVICES to receive payments for the services performed by them or by other practitioners, who assigned their payments to USERS.
  • A REPRESENTATIVE means an employee, contractor, or an agent of a USER.
  • THE MEDICAL SERVICES PLAN (MSP) OF BRITISH COLUMBIA insures medically required services provided by physicians and supplementary health care practitioners, laboratory services and diagnostic procedures. More information about MSP can be found at http://www.health.gov.bc.ca/msp.
  • TELEPLAN WEB VERSION 4.0 (TELEPLAN or MSP TELEPLAN) is a web-based telecommunications system used by practitioners to securely submit claims, notes and eligibility requests to MSP, and receive payment statements, rejected claims and patient eligibility data from MSP through an encrypted Internet connection.
  • COMPUTER means a virtual or physical computer device (hardware) including a portable device such as a tablet or a mobile phone that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
  • REFERENCE DATA means any built-in dictionaries used with the SERVICES, such as diagnostic codes (ICD9), MSP Fee Item codes, MSP services location codes, WorkSafeBC's part of body codes, nature of injury codes, etc.
  • OUTBOUND DATA means an output file(s) that you create with the SERVICES to be submitted to Medical MSP Teleplan.
  • INBOUND DATA means an input file(s) that you receive using the SERVICES.
  • USER CREATED DATA or DATABASE means data entered by you, or imported on your request, in the SERVICES, such as patients', clinic's or practitioners' information.
  • USER CONTENT means INBOUND DATA, OUTBOUND DATA AND USER CREATED DATA collectively.
  • A DATA CENTRE NUMBER (DCN) is an identifying number assigned by BC Medical Services Plan’s TELEPLAN support to a practitioner or a group of practitioners. A DATA CENTRE NUMBER might be thought of as a unique identifier of a USER CONTENT'S database for the purposes of connecting to TELEPLAN. A USER has to belong to a DATA CENTRE to be able to use the SERVICES to connect to TELEPLAN. A USER does not have to belong to a DATA CENTRE to use the SERVICES to perform private billing.
  • THE WEB SITE means set of web pages served under domain name secure.claimmanager.ca, hosted on Company's server(s).
  • AN ACCOUNT OWNER is the first SOLE PRACTITIONER, GROUP, or ORGANIZATION who signed up for the SERVICES on behalf of a DATA CENTRE or a HEALTH CARE PRACTICE. In a solo practice, the practitioner is a de facto ACCOUNT OWNER. A REPRESENTATIVE cannot be an ACCOUNT OWNER.
  • AN ACCOUNT MEMBER means a REPRESENTATIVE, SOLE PRACTITIONER, GROUP, or ORGANIZATION whom an ACCOUNT OWNER added as a USER to the SERVICES for the purposes of this Agreement.
  • SUSPENDED ACCOUNT means an account in a read-only mode. Suspended USERS can login to view or export their USER CONTENT, but not to use the SERVICES.
  • TERMINATED OR CANCELLED ACCOUNT means a closed account. USERS on a terminated account cannot login to view their USER CONTENT.
  • PERSONAL HEALTH INFORMATION ("PHI") includes any patient information that is entered into the Services by Users or imported there on their requests. It might include patients' demographics data, diagnostic codes, fee items, visit history, users' notes and any other data that is required for MSP Teleplan and private billing and for other tasks of a medical office
  • A SERVER is a system that includes hardware and software that responds to requests across computer network and performs computation, data processing and data storage on behalf of the Users. THE SERVERS mean servers that are owned or leased by Acclaim to host its Website and Web Applications including Claim Manager Online.

3. Agreement Acceptance.

This Agreement will be accepted and a contract formed when you or your REPRESENTATIVE selects "I accept TripleTee's Terms of Use and Privacy Policy" during the registration for the SERVICES. Your REPRESENTATIVE accepts this Agreement on your behalf.

4. License Grant.

During the term of this Agreement and subject to strict compliance with the "Terms", Acclaim grants you a limited, revocable, non-exclusive and non-assignable license to use the SERVICES in connection with your HEALTH CARE PRACTICE and DATA CENTRE in a manner consistent with the SERVICES' design and purpose. You are solely responsible for the USER CONTENT transmitted and displayed via the SERVICES.

5. License Restrictions.

The rights granted to you in the Agreement are subject to all of the following.

You shall not access or use the SERVICES if you are not

  • a SOLE PRACTITIONER, GROUP, or an ORGANIZATION registered with the BC MSP and licensed with the appropriate regulatory body;
  • a REPRESENTATIVE of any of the above;
  • a SERVICE BUREAU.

You shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the SERVICES available to any third party;

You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SERVICES;

Except as expressly stated herein, no part of the SERVICES may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means;

You agree not use other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information, including executing any form of network monitoring that will intercept data which is not expressly approved for use;

You shall not disclose any review of the SERVICES, including but not limited to the results of any performance tests, to any third party without our prior written approval;

You shall not use or access the SERVICES to build or support, and/or assist a third party in building or supporting, products or SERVICES similar or competitive to the SERVICES;

You agree to make every reasonable effort to prevent unauthorized third parties from accessing the SERVICES; and

You shall not remove or obscure Acclaim's copyright, trade-mark, trade secret or other proprietary notices or legends from the SERVICES;

You acknowledge and agree that the Provider owns all rights, title and interest in and to all Intellectual Property Rights (including all derivatives or improvements thereof) in the SERVICES and any suggestions, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the SERVICES.

6. Your Account.

You need a Claim Manager account in order to use the SERVICES. You may create your own Claim Manager account if you are an ACCOUNT OWNER, or your Claim Manager Account may be assigned to you by an ACCOUNT OWNER if you are an ACCOUNT MEMBER or a REPRESENTATIVE. You have to activate your account by opening a link that will be delivered into your mailbox after the registration. Each ACCOUNT OWNER and ACCOUNT MEMBER has to register for the SERVICES using an individual personal email.

7. An ACCOUNT OWNER.

AN ACCOUNT OWNER is the first SOLE PRACTITIONER, GROUP, or ORGANIZATION who signed up for the SERVICES on behalf of a DATA CENTRE or a HEALTH CARE PRACTICE. In a solo practice, the practitioner is a de facto ACCOUNT OWNER. An Account Owner can be replaced by a mutual agreement of all Data Centre Members at any time.

8. An ACCOUNT MEMBER.

An ACCOUNT OWNER can create additional accounts with access to its USER CONTENT for its REPRESENTATIVE or a SOLE PRACTITIONER, GROUP, or ORGANIZATION from the same DATA CENTRE or HEALTH CARE PRACTICE, called "ACCOUNT MEMBERS". An ACCOUNT MEMBER has an individual Claim Manager account, but this account is attached to the account of an ACCOUNT OWNER.

An ACCOUNT OWNER has full control over the level of access to USER CONTENT for each ACCOUNT MEMBER, where applicable, and can disable an ACCOUNT MEMBER account. An ACCOUNT OWNER can access its Account Members' USER CONTENT. Different or additional terms may apply to an Account Member.

9. Replacing an ACCOUNT OWNER

If an ACCOUNT OWNER chooses to leave a group DATA CENTRE or a HEALTH CARE PRACTICE and terminate the SERVICES on its behalf, we, in our sole discretion, promote one of the ACCOUNT MEMBERS to the status of the ACCOUNT OWNER.

10. Data Hosting

You acknowledge and agree that the SERVICES are centrally hosted, and all data created or input into the SERVICES will be stored on the SERVERS owned and operated by Acclaim, and may be accessed only by way of an authorized web browser. You agree that privacy and security of the data is regulated by the Data Sharing Agreement between you and us.

11. Intellectual Property Rights.

You acknowledge that we transfer no rights of ownership to you by virtue of your use of the SERVICES that you access hereunder.

We acknowledge and agree that we do not own any right, title or interest in or to your USER CONTENT. Collection, use and disclosure of User Content are governed by the Data Sharing Agreement between you and us.

12. Changes to the SERVICES

We reserve the right to change or modify the SERVICES at any time.

13. Trial SERVICES.

You might be able to register for a TRIAL SERVICES plan. The trial period will be specified during the trial registration and start at the same time. At the conclusion of the trial period, unless you inform us otherwise, we will transfer your account to a similar functionality pay-as-you-go plan.

The trial SERVICES are provided "as is" with no warranties of any kind. We may not be able to provide technical support for TRIAL SERVICES.

14. Billing and Payment.

During the Terms of this Agreement, you agree to pay us charges applicable to the use of the SERVICES by your DATA CENTRE whether or not they have been incurred by your personally. The charges for your SERVICES are set out on the SERVICES PLANS. You may also find them under your Claim Manager account on our website.

SERVICES PLANS for a DATA CENTRE or HEALTH CARE PRACTICE is chosen by an ACCOUNT OWNER when it activates the SERVICES. An Account Owner has primary responsibility for all outstanding charges and payments related to that DATA CENTRE; however, we can demand an outstanding payment from any ACCOUNT MEMBER if we are unable to collect from the ACCOUNT OWNER. The names of all ACCOUNT MEMBERS except for REPRESENTATIVES are listed on our invoices.

Charges will commence from the start date indicated on your SERVICES PLAN, or if you are adding or changing a SERVICES PLAN, from the time that addition or change is made. Some of the charges are flat fees charged for a particular period, while other charges are calculated based on the amount of the SERVICES you use. All amounts are due on the date indicated on your invoice. The sums paid under this Agreement are non-refundable.

Depending on a SERVICES PLAN, your billing period is either a calendar month or a year starting from a first date of any calendar month. If your start date is after the beginning of your first billing period, your billing amount will be prorated.

All fees are exclusive of all taxes, levies, excise, duties or similar taxes now in force or enacted in the future, which you agree to pay in addition to the fees, even if such amounts are not listed on a SERVICES PLAN.

Interest on any amount not paid when due will accrue at the rate of 12% per annum, compounded annually (1% per month), commencing with the due date.

You agree to pay all costs and expenses associated with collection of any amount you owe us in addition to the amount collected, including without limitation any applicable interest, attorneys' fees, court costs, collection agency fees, and other legal expenses.

If you have concerns regarding any of the charges posted to your account, contact us. We might have made a mistake. You agree that charges that you do not dispute within 90 days after being posted to your account, will be deemed to be correct and accepted by you.

15. License expiration.

This Agreement shall continue for the period of time set forth in your SERVICES PLAN (the "Subscription Term"). Except as otherwise provided in your SERVICES PLAN, the SERVICES may be renewed under our then-current applicable policies and terms, subject to our acceptance and your payment of fees for such SERVICES. If the SERVICES are not renewed, you account will be suspended and then terminated.

16. Suspension for non-use.

We may suspend your use of the SERVICES, if you fail to meaningfully use the SERVICES within a period of six continuous months. This does not apply to pre-paid accounts.

17. Suspension for non-payment.

We may suspend your use of the SERVICES, if you fail to make payment due to us under the Agreement and do not cure such non-payment within ten (10) business days after we have provided you with notice of such failure.

18. Termination for non-use.

If your account is not re-activated during suspension period it will be terminated after three month of continuous suspension.

19. USER-Initiated Termination.

You may stop using the SERVICES at any time. If you are on a plan with regular monthly charges, you need to give us a notice about your decision to cancel the use of the SERVICES no later than the first date of last month when you are planning to use the SERVICES. Otherwise, you can give us a notice about an immediate cancellation. The terms of cancellation are indicated in your SERVICES PLANS. Our charges are non-refundable.

After we receive a notice of cancellation from you, you account becomes suspended so that you have time to export your USER CONTENT. You account becomes terminated according to paragraph 18 of this Agreement.

20. Acclaim-Initiated Termination

We may at any time, terminate this Agreement with you if

  • we are required to do so by law (for example, where the provision of the SERVICES to you is, or becomes, unlawful);
  • the partner with whom Acclaim offered the SERVICES to you has terminated its relationship with Acclaim or ceased to offer the SERVICES to you; or
  • Acclaim is transitioning to no longer providing the SERVICES to USERS in the province in which you are resident or from which you use the SERVICES; or
  • the provision of the SERVICES to you by Acclaim is, in Acclaim’s opinion, no longer commercially viable.
  • Force Majeure.

In case of such Termination, pre-paid plan subscribers are entitled to refund of prorated charges.

21. Termination for Default.

We may immediately terminate your access to and use of the SERVICES in their entirety (including your access to USER CONTENT) if we, in our sole discretion, determine that (1) you have acted in bad faith, misrepresented yourselves, have breached any provision of the Terms or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the Terms, (2) your access to or use of the SERVICES might adversely affect (a) the SERVICES; (b) the confidentiality, privacy, security, integrity or availability of information within the SERVICES; or (c) the rights of any third party.

22. Reactivation of the Services

You may request us to reactivate your account during your suspension period based on a choice of plans and promotions that are offered at the time of reactivation. You old promotional offers and payment plans expire when your account is suspended.

23. No liability in case of termination or suspension.

We will have no liability to you in the event that we terminate or suspend your use of the SERVICES for any reason. You agree to defend and indemnify us against any and all claims brought against us or our affiliates or agents arising out of such termination.

If we suspend or terminate your SERVICES, you must pay within ten (10) days all amounts which have accrued prior to such termination or suspension, as well as all sums remaining unpaid for SERVICES received plus related taxes and expenses.

24. Renewal of prepaid plans.

If you haven't renewed your prepaid plan, we will not immediately suspend or terminate your account. Instead we will assume that you have chosen to switch to a similar functionality pay-as-you-go plan. If no similar functionality pay-as-you-go plans are being offered at that time, your account will be suspended.

25. Access to USER CONTENT after account suspension or termination.

Upon suspension or termination of the SERVICES for any reason your right to use the SERVICES shall terminate. Your access to USER CONTENT is governed by the Data Sharing Agreement.

26. Customer Care Services.

As part of the SERVICES, we will provide you with Customer Care Services that may include support via online F.A.Q., inquiry on our Website, email, posts on our forum, live online assistance, remote access, or telephone. The support hours are subject to our availability. We will strive to have your questions answered within 24 hours. We shall have the right to modify the Customer Care Services Policies at any time in our sole discretion and your continued use of the SERVICES shall constitute your acceptance of any such modified policies.

27. Disclaimer of Warranties.

NO WARRANTIES. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ACCESS TO THE SERVICES AND THE INFORMATION CONTAINED IN THE SERVICES IS PROVIDED "AS IS", AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF SERVICES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, ACCURACY OR COMPLETENESS OF THE PROVIDER’S SERVICES, OR THE RESULTS YOU MAY OBTAIN BY USING THE PROVIDER’S SERVICES.

YOU ACKNOWLEDGE THAT PROVIDER DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE PROVIDER’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. PROVIDER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

THE USER ACKNOWLEDGES THAT OTHER PERSONS HAVE ACCESS TO THE SERVICES, AND THAT THE ACTIONS OF SUCH OTHER PERSONS ARE BEYOND THE CONTROL OF ACCLAIM CONSULTING INC.

ACCLAIM CONSULTING INC. IS NOT RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED THROUGH THE SERVICES. THE USER IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SERVICES OR THE INFORMATION IN THE SERVICES, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. THE USER IS SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL DATA AND REPORTS, AND FOR PROTECTING THE USER’S DATA AND PROGRAMS FROM LOSS BY IMPLEMENTING APPROPRIATE SECURITY MEASURES, INCLUDING ROUTINE BACKUP PROCEDURES.

WE ARE NOT RESPONSIBLE FOR PROBLEMS CAUSED BY CHANGES IN OR MODIFICATIONS TO THE OPERATING CHARACTERISTICS OF ANY COMPUTER HARDWARE OR OPERATING SYSTEM FOR WHICH THE SERVICES IS PROCURED, NOR ARE WE RESPONSIBLE FOR PROBLEMS WHICH RESULT FROM THE USE OF THE SERVICES IN CONJUNCTION WITH SOFTWARE OF THIRD PARTIES OR WITH HARDWARE WHICH IS INCOMPATIBLE WITH ENVIRONMENT FOR WHICH THE SERVICES IS BEING PROCURED.

THE USER AND NOT ACCLAIM CONSULTING INC. WILL BE RESPONSIBLE FOR ENSURING THAT ANY INFORMATION STORED IN CLAIM MANAGER ONLINE MAY PROPERLY BE DISCLOSED IN ACCORDANCE WITH ALL LAWS RELATING TO MAINTENANCE OF PRIVACY, SECURITY, AND CONFIDENTIALITY OF PATIENT AND OTHER HEALTH INFORMATION. THE USER COVENANTS AND AGREES THAT THE USER WILL (A) NOT MAKE AVAILABLE THROUGH CLAIM MANAGER ONLINE ANY INFORMATION SUBJECT TO ANY RESTRICTION ON SUCH USE OR DISCLOSURE; (B) OBTAIN ANY NECESSARY CONSENTS, AUTHORIZATIONS OR RELEASES FROM INDIVIDUALS REQUIRED FOR MAKING THEIR HEALTH INFORMATION AVAILABLE THROUGH CLAIM MANAGER ONLINE; (C) INCLUDE SUCH STATEMENTS (IF ANY) IN THE USER’S NOTICE OF PRIVACY PRACTICES AS MAY BE REQUIRED IN CONNECTION WITH ANY USE OF CLAIM MANAGER ONLINE; AND (D) NOT PLACE IN CLAIM MANAGER ONLINE ANY INFORMATION THAT IS FALSE OR MATERIALLY INACCURATE.

28. Limitation of Liability.

IN NO EVENT SHALL PROVIDER BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL INJURY, BUSINESS INTERRUPTION, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE PROVIDER’S SERVICES, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EVEN IF ACCLAIM CONSULTING INC. HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

ACCORDINGLY, ACCLAIM CONSULTING INC. DOES NOT ASSUME LIABILITY FOR OR RELATING TO ANY IMPAIRMENT OF THE PRIVACY, SECURITY, CONFIDENTIALITY, INTEGRITY, AVAILABILITY, OR RESTRICTED USE OF ANY INFORMATION ON THE SERVICES.

FURTHERMORE, ACCLAIM CONSULTING INC. IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO THE SERVICES OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT, CORRUPTION, LOSS OR DESTRUCTION OF ANY DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION STORED IN THE SERVICES, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER MEANS. THE USER HEREBY WAIVES ANY DAMAGES OCCASIONED BY LOST OR CORRUPT DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PROVIDER FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS ACTUALLY PAID TO PROVIDER FOR THE PROVIDER’S SERVICES UNDER THE AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, AND IF SUCH LIABILITY RESULTS FROM YOUR USE OF A PARTICULAR PORTION OF THE PROVIDER’S SERVICES UNDER THE AGREEMENT, SUCH LIABILITY SHALL BE LIMITED TO THE FEES PAID TO PROVIDER FOR THE DEFICIENT PORTION OF THE PROVIDER’S SERVICES GIVING RISE TO THE LIABILITY. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN SUCH CASES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

NO PARTY WILL BE LIABLE FOR ANY DELAY, INTERRUPTION, OR FAILURE TO PERFORM ITS DUTIES, COVENANTS, AND OBLIGATIONS HEREIN IF CAUSED BY AN EVENT OF FORCE MAJEURE. FOR CLARITY, AN EVENT OF FORCE MAJEURE INCLUDES, BUT IS NOT LIMITED TO ACTS OF GOD OR OF THE PUBLIC ENEMY; CHANGES IN THE LAWS OF CANADA OR BRITISH COLUMBIA; ACTS OF CIVIL OR MILITARY AUTHORITIES; GOVERNMENTAL RESTRICTIONS OR CONTROLS ON IMPORTS, EXPORTS, OR FOREIGN EXCHANGE; WARS, DECLARED OR UNDECLARED; REVOLUTION; RIOT; INSURRECTION; CIVIL DISTURBANCES; FIRES; FLOODS; STORMS; SLIDES; EXPLOSIONS; EARTHQUAKES; EPIDEMICS; QUARANTINE RESTRICTIONS; STRIKES OR LOCKOUTS, INCLUDING WORK STOPPAGES OR SLOW-DOWNS; LABOUR SHORTAGES; FREIGHT EMBARGOES; POWER FAILURE; MECHANICAL OR ELECTRICAL BREAKDOWN OR NON-AVAILABILITY OF ANY MACHINERY, EQUIPMENT, OR SERVICES PROVIDED BY ANY PERSON OR CORPORATION NOT A PARTY TO THIS AGREEMENT; DELAY, INTERRUPTION, OR FAILURE, OCCASIONED BY A COMPUTER SOFTWARE OR HARDWARE PROBLEM, AND DELAYS BY CARRIERS, SUPPLIERS OR MATERIALS SHORTAGES. LACK OF MONEY, FINANCING, OR CREDIT WILL NOT BE AND WILL NOT BE DEEMED TO BE AN EVENT OF FORCE MAJEURE.

29. Indemnification.

The USER agrees to indemnify, defend, and hold Acclaim Consulting Inc. and its affiliates, officers, directors, and agents harmless from and against any claim, cost or liability, including reasonable legal fees, arising directly or indirectly out of: (a) the use of the SERVICES by the USER or any person for whom the USER is responsible in law; (b) any breach by the USER or any person for whom the USER is responsible in law of any representations, warranties or agreements contained in this Agreement; and (c) the negligent or willful misconduct of the USER or any person for whom the USER is responsible in law.

30. Confidential Information.

You may have access to the information that is confidential to us ("Confidential Information"). Confidential Information of ours shall include, but not be limited to, the software programs provided as part of the SERVICES and any other Materials delivered hereunder. Our Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of the other party; (ii) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (iii) is lawfully disclosed to the other party by a third party without restriction on disclosure or; (iv) is independently developed by the other party without reference to the other party's Confidential Information. You agree to use reasonable care to prevent disclosure of the other party's Confidential Information to any third party.

You agree to hold each our Confidential Information in confidence for a period of five years from the date of disclosure. This Section constitutes the entire understanding of the parties and supersedes all prior or contemporaneous agreements, representations or negotiations, whether oral or written, with respect to Confidential Information.

31. Your Responsibilities.

You will ensure that any use of the SERVICES by you and your ACCOUNT MEMBERS are is in accordance with the TERMS, and you shall be responsible for any breach by any ACCOUNT MEMBER or your REPRESENTATIVE of such terms and conditions. In addition, you will obtain any ACCOUNT MEMBER'S or REPRESENTATIVE'S consents required by us to access the SERVICES under the Agreement. You are responsible for ensuring that your network and systems comply with specifications that we provide. We are not responsible for your network connections or for conditions or problems arising from or related to your network connections (e.g., bandwidth issues, excessive latency, network outages), or caused by the Internet. You will be responsible and accountable if any Subscriber posts content in violation of the prohibitions contained in this Agreement.

32. Notices.

may give notice applicable to you, as part of our overall subscriber group, by means of a general notice on the SERVICES portal and notices specific to you by electronic mail to your e-mail address on record in our account information or by written communication sent by first class mail or pre-paid post to your address on record in our account information.

You acknowledge that such means of transmission of any such notice is sufficient for the purpose of satisfying any notice requirements set forth in this Agreement. If you have a dispute with us or you wish to provide a notice under the Agreement, or if you become subject to insolvency or other similar legal proceedings, you will promptly send written notice to the contact information provided below.

33. Modifications of the Agreement.

We reserve the right to make changes to this Agreement at any time without prior notice to you. We will provide you with notice of material changes to the Agreement, if any. The most current version of the Agreement will be posted on the Website along with the effective date. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION POSTED ON THE WEBSITE. YOUR NON-TERMINATION OR CONTINUED USE OF THE SOFTWARE AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.

If you do not agree to the changes implemented by us your sole and exclusive remedy is to terminate your relationship with us as a customer of the SERVICES. Unless explicitly stated otherwise, any new features or products that change, augment or enhance THE SERVICES will be subject to this Agreement.

34. Severability

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Our postal address is
145-12100 Riverside Way
RICHMOND BC V6W 1K5
Phone: +1 (604) 626-9903
Fax: +1 (866) 863-6217
Email: info@tripletee.com