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Terms of Use Policies

Cost

LMN Builder is always free for clinicians. Clinician accounts are standalone, individual accounts. These accounts are not tied to any other clinician or RTS accounts. They will always be free.

Larger, multi-branch organizations will be upgraded with custom interfaces and require individual quotes.

Terms of Use Policy

Terms of Use

Welcome to LMN Builder, your one-stop destination for preparing and filing Letters of Medical Necessity. LMN Builder is brought to you by Conduit Technology, LLC and/or its affiliates ("Conduit"). Conduit provides website features and other products and services to you when you visit or shop at LMBBuilder.com, use LMN Builder Products or Services, use software provided by Conduit in connection with any of the foregoing (collectively, "LMN Builder Services"). Conduit provides the LMN Builder Services subject to the following conditions. By using the LMN Builder Services, you are agreeing to these terms. Please read them carefully. The LMN Builder Services are diverse, so sometimes additional terms or product requirements may apply. Additional terms will be available with the relevant LMN Builder Services, and those additional terms become part of your agreement with Conduit if you use those LMN Builder Services.

1. YOUR LMN BUILDER ACCOUNT

You may need an LMN Builder Account in order to use some of the LMN Builder Services. You may create your own LMN Builder Account, or your LMN Builder Account may be assigned to you by an administrator, such as your employer. If you are using a LMN Builder Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

If you use any of the LMN Builder Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Conduit reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

2. PRIVACY

Please review our Privacy Notice, which also governs your use of the LMN Builder Services.

3. HIPAA DATA

The LMN Builder Services may involve health information that is protected under the Health Insurance Portability and Accountability Act of 1996, as amended, and any and all regulations issued thereunder (the "Act"). Prior to using the LMN Builder Services, you warrant that you have consulted counsel, that you understand any obligations or requirements pursuant to the Act, and that you will comply with the obligations and requirements of the Act. You also warrant that you will execute a Business Associate Agreement, with Conduit, prior to using the LMN Builder Services. In the event that you have or are alleged to have violated the Act, you hereby agree to defend, indemnify, and hold harmless Conduit, its owners, its officers, its employees, its agents, and its investors from and against any and all claims, demands, losses, damages, judgments, suits, liabilities, costs and expenses including but not limited to attorneys' fees arising from or pertaining to any violations or alleged violations of the Act.

4. COPYRIGHT

All content included in or made available through any of the LMN Builder Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Conduit or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any of the LMN Builder Services is the exclusive property of Conduit and protected by U.S. and international copyright laws.

5. TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the LMN Builder Services are trademarks or trade dress of Conduit. Conduit's trademarks and trade dress may not be used in connection with any product or service that is not Conduit's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Conduit. All other trademarks not owned by Conduit that appear in any of the LMN Builder Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Conduit.

6. LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Conduit or its content providers grant you a limited, non-exclusive, non-transferable, non- sublicensable license to access and make personal and non-commercial use of the LMN Builder Services. This license does not include any resale or commercial use of any of the LMN Builder Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any of the LMN Builder Services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Conduit or its licensors, suppliers, publishers, rightsholders, or other content providers. No LMN Builder Service, nor any part of any of the LMN Builder Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Conduit. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Conduit without express written consent. You may not use any meta tags or any other "hidden text" utilizing Conduit's name or trademarks without the express written consent of Conduit. You may not misuse the LMN Builder Services. You may use the LMN Builder Services only as permitted by law. The licenses granted by Conduit terminate if you do not comply with these Terms of Use.

7. WARRANTIES AND EXCLUSIVE REMEDIES.

Conduit makes no warranty or representation concerning the adequacy, completeness, usefulness, or sufficiency of any of the LMN Builder Services or information or results thereof provided hereunder except that the LMN Builder Services will perform substantially as described in associated documentation. Conduit does not warrant that the functions contained in the LMN Builder Services and the applications thereof will meet your requirements or that the LMN Builder Services will operate without interruption or be error free. Conduit's sole liability and your exclusive remedy with respect to the LMN Builder Services installed at your premises is the replacement of any software not meeting the limited warranty contained herein and which is returned to Conduit. The LMN Builder Services, any information provided hereunder, and the results thereof are provided on an AS IS, AS AVAILABLE basis without any warranty of any type except that Conduit will use reasonable efforts to correct any errors which are due solely to malfunction of Conduit's computers, operating systems or programs, or errors by Conduit's employees or agents. Correction shall be limited to rerunning of the job or jobs and/or recreating of data or program files. Conduit shall not be responsible in any manner for: (i) errors or failures of proprietary systems and programs other than those of Conduit; (ii) errors or failures of your software or operational systems; (iii) your use of the LMN Builder Services on a computer system that does not conform to the LMN Builder Service's specifications; (iv) computer viruses imported into the LMN Builder Services from or through your internal computer systems; (v) misuse of or damage to the LMN Builder Service; (vi) your failure to report to Conduit the existence and nature of any non-conformity or defect of the LMN Builder Services promptly upon discovery thereof; or (vii) any failure or delay in the performance of its obligations under these Terms caused by any event or circumstance beyond its control, including, but not limited to, denial-of-service attacks, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, and labor conditions. THE WARRANTY SET FORTH IN THIS SECTION IS EXCLUSIVE, AND THERE ARE NO OTHER WARRANTIES OF ANY TYPE WITH RESPECT TO THE PRODUCTS AND SERVICES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, NON- INFRINGEMENT OR FITNESS FOR USE FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CONDUIT DOES NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. Should there be any failure in performance by Conduit or errors or omissions by Conduit with respect to the information being transmitted (because of negligence or otherwise), Conduit's sole liability, and your exclusive remedy, shall be limited to Conduit's use of commercially reasonable efforts to correct such failure in performance or errors or omissions. As between you and Conduit, you accept any third party software on an "AS IS, AS AVAILABLE" basis; provided, however, that Conduit hereby assigns its rights against Conduit's suppliers of the third party software to you, including any warranties, to the extent they are assignable, and you shall have the right to exercise such rights directly against Conduit's suppliers, with Conduit's reasonable assistance.

8. EXCLUSIONS AND LIMITATIONS OF LIABILITY.

IN NO EVENT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, SHALL CONDUIT BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION YOUR CLIENTS) FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING CLAIMS FOR LOST PROFITS, ARISING FROM

THE PROVISION OF OR FAILURE TO PROVIDE SERVICES HEREUNDER, EVEN IF CONDUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT CONDUIT WILL NOT BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY. DUE TO THE NATURE OF THE SERVICES BEING PERFORMED BY THE LMN BUILDER SERVICES, IT IS AGREED THAT IN NO EVENT WILL CONDUIT BE LIABLE FOR ANY CLAIM, LOSS, LIABILITY, CORRECTION, COST, DAMAGE, OR EXPENSE CAUSED BY CONDUIT'S PERFORMANCE OR FAILURE TO PERFORM HEREUNDER WHICH IS NOT REPORTED BY YOU WITHIN THIRTY (30) DAYS OF SUCH FAILURE TO PERFORM.

YOU ACKNOWLEDGE THAT, IN CONNECTION WITH THE SERVICES PROVIDED HEREIN, INFORMATION SHALL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS, AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF CONDUIT. ACCORDINGLY, CONDUIT ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SERVICES PROVIDED HEREIN.

CONDUIT SHALL HAVE NO RESPONSIBILITY OR LIABILITY WITH REGARD TO ACTIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DISPUTES CONCERNING PAYMENT OF CLAIMS, ELIGIBILITY STATUS OF A PATIENT, OR ANY OTHER PAYER-SUBMITTED INFORMATION. INFORMATION SUBMITTED BY OR TO A PAYER THROUGH THE LMN BUILDER SERVICES IS NO GUARANTEE OF PAYMENT AND DOES NOT CONSTITUTE A PROMISE TO PAY; ELIGIBILITY INFORMATION IS SUBJECT TO CHANGE, AND WAITING PERIODS MAY APPLY.

9. NOTICE

Notices required to be given shall be effective when received, and shall be sufficient only if given in writing and hand delivered, sent by First Class United States Mail or overnight courier service, postage prepaid. Notices to Conduit regarding the LMN Builder Services shall be addressed as follows:

LMN Builder 10627 West Peach Street Girard,PA 16417 Attention:President

10. GENERAL PROVISIONS.

These Terms shall be construed and the rights and obligations of the parties shall be determined in accordance with the substantive law of the Commonwealth of Pennsylvania, without giving effect to conflicts of laws provisions. THE PARTIES AGREE THAT THE UNIFORM

COMPUTER TRANSACTIONS ACT OR ANY VERSION THEREOF, ADOPTED BY ANY STATE, IN ANY FORM ("UCITA"), SHALL NOT APPLY TO THIS AGREEMENT. TO THE EXTENT THAT UCITA IS APPLICABLE, THE PARTIES AGREE TO OPT OUT OF THE APPLICABILITY OF UCITA PURSUANT TO THE OPT-OUT PROVISION(S) CONTAINED THEREIN. Jurisdiction over any actions, suits or proceedings arising out of or relating to these Terms shall be solely in the state and federal courts in Erie, Pennsylvania.

Conduit's obligation to perform the LMN Builder Services hereunder is subject to all governmental requirements and restrictions that may now be or hereafter become applicable thereto.

Except to the extent arising solely to the gross negligence or intentional misconduct of Conduit, you shall indemnify and hold Conduit, its directors, officers, affiliates, agents and employees, harmless from and against any and all losses, liabilities, damages or expenses of any type (or claims of damage or liability) asserted against Conduit and arising out of information provided to Conduit by you, or any use or provision thereof to any third party, or any other of your acts or actions.

Conduit is an independent contractor to you, and nothing in these Terms will be construed to create a partnership, joint venture or agency relationship between Conduit and you.

You may not assign any of your rights or obligations under these Terms, without the prior written consent of Conduit.

The failure of Conduit to enforce any provision of these Terms will not constitute a waiver of Conduit's rights to subsequently enforce the Terms.