Terms of Service
These terms of service create a contract between you (the “Practice” and Sure Med Compliance (the “Consultant”). Please read the Agreement carefully.
DESCRIPTION OF SERVICES: Beginning on date of payment, Sure Med Compliance will provide use of the Sure Med Compliance Program and software (collectively, the “Services”) which includes:
Opioid prescriber training, use of the Care Continuity Program, use of the Clarity software, a written Diversion Control Plan and consultative services.
PAYMENT: Payment shall be made to Sure Med Compliance online at www.suremedcompliance.com Practice agrees to pay in installment payment(s) of $99.00 per month for the Services and $99.00 per chart audit or risk assessment. In addition to any other right or remedy provided by law, if Practice fails to pay for the Services when due, Consultant has the option to treat such failure to pay as a material breach of this Agreement, and may cancel this Agreement and/or seek legal remedies.
WARRANTIES: Consultant shall provide its Services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the Services which meet generally acceptable standards in Consultant's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Consultant on similar projects.
SUBSCRIPTION: Sure Med Compliance is a subscription compliance service. Your subscription will automatically renew every month. When your subscription ends, you will lose access to all features of Sure Med Compliance Services, including but not limited to the Care Continuity Program, use of the Clarity software and consultative services. Sure Med Compliance reserves the right to cancel your subscription if we are unable to successfully charge your payment method.
ENDORSEMENTS: Sure Med Compliance is not a regulatory agency and has not been endorsed by any state, federal or local regulatory agency. Use of Sure Med Compliance Services does not exclude Practice from possible civil and criminal liability or from regulatory intervention.
FORCE MAJEURE: If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
DISPUTE RESOLUTION: The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
CONFIDENTIALITY: Consultant, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Consultant, or divulge, disclose, or communicate in any manner, any information that is proprietary to Practice. Consultant and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
NOTICE: Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to 5570 Rangeline Road, Mobile, AL 36619 or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when signed for.
ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
AMENDMENT: Sure Med Compliance reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms of service will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
SEVERABILITY: If any provision of these terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER OF CONTRACTUAL RIGHT: The failure of either party to enforce any provision of these terms shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of these terms.
APPLICABLE LAW: These terms shall be governed by the laws of the State of Alabama.