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Disclaimer & User Agreement

Welcome to American TPA – the branded business website of Bonsai America, Inc., including our corporate subsidiaries (collectively "AmericanTPA.com", "we", "ATC", “AC.com”, "Bonsai", ";Bonsai America" or ";us"). This page explains the terms by which you may use our web site, web widgets, feeds, mobile device software applications, applications for third-party web sites and services, and any other mobile or web services or applications owned, controlled, or offered by AmericanTPA.com (collectively the "Site"). By accessing or using the Site you signify that you have read, understood, and agree to be bound by the following User Agreement and Disclaimer ("User Agreement" or this "Agreement" or this "Disclaimer"), which includes and hereby incorporates by reference the agreements and policies referenced in this User Agreement or Disclaimer or linked from the following URL: AmericanTPA.com. (Collectively the "Terms of Service"). We may make such revisions without prior notice to you, so please check back often for updates. Unless otherwise provided in such revision, the revised User Agreement or Terms of Service, or part thereof, will take effect when they are posted.

Service Scope &SITE SERVICES

Clients: Insurance Carriers, Insurance Companies, HealthCare Payers, TPA, Insurance Consulting Companies, Health Advocacy firms, BPO Companies, Outsourcing Companies, Cost Containment Companies

Providers: BPO Providers, Technology Providers, System Providers, Staffing Providers etc.
American TPA may remove Postings without notice that does not comply with this requirement. American TPA retains the sole discretion to determine whether or not to allow a company to use the Service (either a non-registered "walk-up" user or as a registered user). The Services is for business users only, and You may not use it for consumer purchases or sales.

American TPA Business Scope

American TPA business scope will focus on (but not be limited to):

  • Actuarial Support
  • Administrative Services
  • Application Development (ADM)
  • Business Intelligence (BI)
  • Care Management Services
  • Claims Administration
  • Clinical Services
  • Commercial Health Plans
  • Credentialing
  • CRM Systems
  • Document Management Systems
  • Electronic Health Records (EHR/EMR) Systems
  • Eligibility Services
  • Employee Benefit Services
  • Enrollment Services
  • Fraud & Abuse
  • Health Analytics
  • Health BPO
  • Health Claims Systems
  • Health Co-ops
  • HealthCare Call Center
  • HealthCare Consulting
  • HealthCare Outsourcing
  •  Intake Systems
  • Medicare IT Systems
  • MLTC & Pace Program
  • Mobile Health (mHealth)
  • Payroll Processing
  • PBM Services
  • Pharmacy Help Desk
  • Policy Admin Systems (PAS)
  • Self-funded plans
  • System Integration (SI&T)
  • Third Party Administration
  • TPA & Employee Benefit Systems
  • Web Portal
  • Website Development (Web 2.0)

No Agency

This Agreement and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and AmericanTPA.com, except and solely to the extent expressly stated.

Your Registration

All information that You provide to AmericanTPA.com must be accurate (e.g., Your name, address, and credit charge information (if applied), email, phone etc.), whether supplied during the registration or otherwise ("Registration Data"). You are responsible for keeping such information up-to-date and must provide changes promptly to AmericanTPA.com by logging into Your Service account and providing the correct information to AmericanTPA.com.

USERNAMES AND PASSWORDS

When a Member registers an Account, the Member will be asked to choose a username and password for the Account. As a Member, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Site. You agree to notify us immediately if you suspect or become aware of any unauthorized use of the Account or any related Team Account or access to your password or the password of any User of your Account or any related Team Account.

Directory of Providers

The Site contains a directory of Providers. The directory is populated with information from third-party sources, from Providers themselves, and from other Members. AmericanTPA.com provides this directory as a convenience and does not confirm or verify the information contained in it.

Links

This Site may contain links to third party Web sites, services, or resources. Such Web sites, services, and resources are owned and operated by the third-parties and/or Providers and their licensors. Your access and use of those Web sites, services, and/or resources, including online communication services such as chat, email and calls, will be governed by the terms and policies of the applicable Web site, service, or Provider. You acknowledge and agree that AmericanTPA.com is not responsible or liable for: (i) the availability or accuracy of such sites, services, or resources; or (ii) the content, advertising, or products on or available from such sites, services, or resources.

Access and Interference

Visitors and Users must access Secure Areas through browsers employing an encryption level of at least one hundred twenty eight (128) bits. You understand and agree to immediately stop using or accessing Secure Areas if your browser does not support such a level of encryption. If your browser does not allow such encryption then you may be blocked from using the Site.

User Content

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal(including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets). AmericanTPA.com is not responsible for any public display or misuse of your User Content.

DISCLOSURES

AmericanTPA.com, located in Jersey City, New Jersey, is the provider of Outsourcing – BPO & TPA services to HealthCare & Workers Comp clients.

Data

You are responsible for creation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on AmericanTPA.com part to store, backup, retain, or grant access to any information or data for any period.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS BELIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL,INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOTLIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL,EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OURLIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SITE SERVICES PROVIDEDUNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHERTHEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100, OR (B) THE AGGREGATE AMOUNT OFSERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TOWHICH THE LIABILITY RELATES.

RELEASE

If you have a dispute with another Member, you release AmericanTPA.com and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential)of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
YOU HEREBY WAIVE New Jersey CIVIL CODE (AND ANY ANALOGOUS LAW IN ANY OTHERAPPLICABLE JURISDICTION) WHICH SAYS: Quote - A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OFEXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HISSETTLEMENT WITH THE DEBTOR."

INDEMNITY

You agree to defend, hold harmless and indemnify AmericanTPA.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by AmericanTPA.com from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against AmericanTPA.com: (a) in connection with your use of the Site Services including any payment obligations incurred through use of the Site Services; or (b) resulting from: (i) your use of the Site; (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member with which you conducted business through the Site; (viii) any act or omission of yours with respect to the payment of fees to any Provider.

RESOLUTION OF DISPUTES BETWEEN CLIENT AND AMERICANTPA.COM

If a dispute arises between you and AmericanTPA.com, our goal is to resolve such dispute quickly and cost-effectively. Accordingly, you and AmericanTPA.com agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the AmericanTPA.com Services (a "Claim") in accordance with this section entitled "Resolution of Disputes between Client or Provider and AmericanTPA.com." Before resorting to these alternatives, you agree to first contact AmericanTPA.com directly to seek dispute assistance.

Law and Forum for Disputes

This Agreement is governed in all respects by the laws of the State of New Jersey without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against AmericanTPA.com must be resolved by a court located in Hudson County, New Jersey, or as described in the Arbitration Option paragraph below. You hereby submit to the exclusive personal jurisdiction of the courts located within Hudson County, New Jersey for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site must be commenced within 30 days after it arises, or the cause of action is barred.

Arbitration Option

For any claim arising between you and AmericanTPA.com (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the ADR provider will specify whether the arbitration will be conducted by telephone, online, or solely based on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and

Improperly Filed Claims

Should you file a claim contrary to this section entitled & quote -; Resolution of Disputes Between Member and AmericanTPA.com," AmericanTPA.com will be entitled to recover attorneys’ fees and costs up to $2,000, provided that AmericanTPA.com has notified you in accordance with this Agreement of the improperly filed claim, and you have failed to promptly withdraw the claim.

NOTICES AND COMMUNICATIONS

Communications from AmericanTPA.com to you

Unless you otherwise indicate in writing to Customer Support, AmericanTPA.com will communicate with you by email or by posting communications on the Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when AmericanTPA.com sends it to the email address you have provided to AmericanTPA.com on the Site, or when AmericanTPA.com posts such communication on the Site. You must keep your email address updated on this Site, and you must regularly check this Site for postings. If you fail to respond to an email message from AmericanTPA.com regarding violation, dispute or complaint within two business days, AmericanTPA.com has the right to terminate or suspend your Job or your Account.

MISCELLANEOUS TERMS AND CONDITIONS

You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. AmericanTPA.com will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative of AmericanTPA.com. No delay or omission by AmericanTPA.com in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. You will not transfer, assign or delegate your rights or obligations (including your Account) under this Agreement to anyone without the express written permission of AmericanTPA.com, and any attempt to do so will be null and void. AmericanTPA.com may assign this Agreement in its sole discretion.

The boldface paragraph headings in this Agreement are included for ease of reference only and have no binding effect. This Agreement and all documents referenced in this Agreement (including the Terms of Service available by hyperlink above) comprise the entire agreement between you and AmericanTPA.com with respect to the use of this Site and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Web site that link to or are linked from this Site. For convenience, this Agreement may be displayed in HTML and/or PDF versions. In the event of any inconsistency between such versions, the PDF version will govern.

CONTACTING US

If you wish to report a violation of the Terms of Service, have any questions or need assistance, please contact

425 Wasington Blvd.,
Jersey City,
New Jersey 07302,
USA      
Phone: +1 201.258.4704 / 201.258.4704
Fax: +1 201.604.3480
Web: http://www.AmericanTPA.com

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Contact Information

425 Washington Blvd.,
Jersey City,
New Jersey 07302,
USA

Phone: +1 551.227.1525 | +1 201.258.4704
Fax : +1 201.604.3480
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