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 to you) 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.
267.606.1221
info@vexical.net