Definitions: Capitalized terms used in this Agreement shall have the meanings as ascribed to them herein.
Advertising: The phrases “sell your medical bill,” “purchase of the debt” or “purchase of your medical bill” are is in the form of a discounted payment (ie profit) for the liability owed in exchange for Vexical assuming the liability.
Quotation: It is agreed that the quotation that will be emailed to you is an estimated price only. A formal offer will be made once Vexical has reviewed all of the documents related to the case including the provider's itemized bill, the insurance company's explanation of benefits and possibly the medical records.
Vexical, Inc is under no obligation to make an offer or to assume the liability of any medical bills.
Reverse Engineering: User agrees that User will not reverse engineer the web site, or quotation system located at (www.vexical.net). Further, User is using the web site and quotation purposes for the sole purpose of exploring the opportunity to sell a medical bill to Vexical.
Interpretation: The Parties hereto acknowledge and agree that (i) the rule of construction providing that any ambiguities are resolved against the drafting Party will not apply in interpreting the terms and provisions of this Agreement; and (ii) the terms and provisions of this Agreement will be construed fairly as to all Parties hereto and not in favor of or against a Party, regardless of which Party was generally responsible for the preparation of this Agreement.
State Restrictions: For the resident of AR,GA,HI,IL,KY,LA,NM,WI,WY,NJ and NY; Vexical will audit bills in the following states but will not assume the debt for the bills.
Entire Agreement: This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, either written or oral, of the parties hereto concerning the subject matter hereof.
Venue & Governing Law: This Agreement shall be governed by, interpreted and construed in accordance with the laws of the state of Delaware. Venue is Wilmington, DE.
Dispute and Arbitration: In the event the parties should have a dispute between them arising from or related to this Agreement, and which dispute cannot be resolved by mutual agreement of the parties, the parties hereby agree that Seller must file for arbitration in Wilmington, Delaware. Any such arbitration shall be determined by a panel of three arbitrators taking sworn testimony, in accordance with the Commercial Rules of the American Arbitration Association. The arbitrator shall be determined in the following manner: Within thirty (30) days from the filing for arbitration, both parties shall submit a list of three arbitrator candidates to the other party. The parties shall select from the submitted lists one candidate to be the sole arbitrator.
If within sixty (60) days from the filing for arbitration the parties cannot agree on the arbitrators, then the arbitration shall be decided by a panel of three arbitrators, whereby each party shall immediately select one arbitrator and those two arbitrators shall then select a third arbitrator. The parties hereof hereby agree to accept and to abide by the arbitrator(s)’ judgment of determination or award, which determination or award may be entered in any court having jurisdiction.
For purposes of this Section, filing for arbitration shall be deemed to mean the delivery of notice by the filing party to the other party of the filing party’s decision to seek resolution of a dispute by the means of arbitration.
Arbitration is solely on an individual basis without the right for any claim(s) to be arbitrated on a class action basis or claim(s) brought in a representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between User and Vexical alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these terms and conditions, and without waiving either party's right of appeal, if any portion of this Section is deemed invalid or unenforceable, then the arbitration provision shall not apply.