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e-Billing Service

On-Line Web Site Agreement and Authorization for Payments

The Magruder Hospital Patient e-Billing Web Site (the "Service") is an on-line bill viewing and payment service provided by Magruder Hospital and its Licensors, including RevSpring, Inc..

Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions below. If you do not accept the terms and conditions of this Agreement, you may not access or use the Service. Magruder Hospital may modify this Agreement from time to time, and such modifications shall be effective immediately upon posting of the modified Agreement. By continuing to access or use the Service following such modifications, you agree to be bound by the modified Agreement.

Payment Services. By accessing the Service, you authorize (1) Magruder Hospital to establish and maintain your payment authorizations and (2) Magruder Hospital to process your payments according to your instructions.

When Magruder Hospital receives a payment authorization, you authorize Magruder Hospital to charge your transaction account and remit funds on your behalf so that the funds arrive as close to the business day designated by you as reasonably possible. While it is anticipated that Magruder Hospital will complete most transactions within twenty-four (24) hours of the day designated, it is understood that due to circumstances beyond the control of Magruder Hospital, particularly delays in handling and posting payments by slow-responding companies or financial institutions, some transactions may take a day or even a few days longer.

For this reason, it is recommended that all payment authorizations be received by Magruder Hospital at least three (3) business days before the actual due date, not the late date.

Magruder Hospital will use its best efforts to process all your payment authorizations promptly and properly. However, Magruder Hospital shall incur no liability if it is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

1. Your account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account.

2. You have not provided Magruder Hospital with correct names or account information.

3. Circumstances beyond Magruder Hospital control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper transmission of your payment authorization and Magruder Hospital has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing, three (3) exceptions to the Magruder Hospital performance obligations are applicable, Magruder Hospital shall be responsible for properly directing the payment authorization.

THE FOREGOING SHALL CONSTITUTE MAGRUDER HOSPITAL ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER.

In using the Service, you are requesting Magruder Hospital to make payments for you from your designated transaction account. If your financial institution, or the holder of the account from which you have designated payment is unable to process a transaction (for example, there are not sufficient funds in your account to cover the transaction), the transaction may not be completed.

Types of Payments and Limitations on Payees. You may use the Service to authorize payment from an account that you designate. Biller reserves the right to refuse to pay any person or entity to whom you may direct a payment. Magruder Hospital is obligated to notify you promptly if they decide to refuse to pay a person or entity designated by you. This notification is not required if you attempt to pay tax or court-related payments, which are prohibited under this Agreement.

Charges. As a customer of the Service, you will not be charged by Magruder Hospital for payment authorizations that you choose to send electronically.

EXCLUSION OF WARRANTIES. MAGRUDER HOSPITAL IS PROVIDING THE SERVICE "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE. MAGRUDER HOSPITAL DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE, OR THAT ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY. IN NO EVENT SHALL MAGRUDER HOSPITAL OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SERVICE, WHETHER INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF MAGRUDER HOSPITAL OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY LIABILITY IS IMPOSED ON MAGRUDER HOSPITAL, ITS LICENSORS OR SUPPLIERS, MAGRUDER HOSPITAL AND ITS LICENSORS OR SUPPLIERS, TOTAL LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. Some jurisdictions prohibit exclusion or limitation of liability for implied warranties or consequential or incidental damages, so the above limitation may not apply to you.

Assignment. You may not assign this Agreement to any other party. Magruder Hospital may assign this Agreement to any future, directly or indirectly, affiliated company. Magruder Hospital may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

General. This Agreement is governed and shall be construed in accordance with the laws of the State of Ohio, excluding its choice of law rules. This Agreement constitutes the entire agreement and supersedes any prior agreements or understandings, oral or written, between Magruder Hospital and you concerning the Service and may only be amended in a writing signed by both parties. Failure or delay in enforcing any right or provision of this agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach or a continuance of an existing breach. If any provision of this Agreement shall be held to be unenforceable that provision will be enforced to the maximum extent possible, and the remaining provisions of this Agreement will remain in full force and effect.