1. Acceptance of These Terms

cliniqsystems.com (the “Site”) is operated by ClinIQ Systems Inc. (“ClinIQ,” “we,” “us,” or “our”). These Terms of Use (“Terms”) are an agreement between you and ClinIQ governing your access to and use of the Site and everything on it.

By visiting or using the Site you accept these Terms. If you do not accept them, please do not use the Site. These Terms apply for as long as you use the Site, and the provisions that are meant to outlast your visit — intellectual property, disclaimers, liability limits, indemnity, and governing law — continue to apply afterwards.

2. Who May Use the Site

The Site is intended for physicians, practice administrators, office managers, referral partners, prospective team members, and other adults acting in a professional or business capacity. By using it you confirm you are at least eighteen and are acting for yourself or with authority to act for the organization you represent.

3. Our Privacy and Cookie Policies

Your use of the Site is also governed by our Privacy Policy and our Cookie Policy, both incorporated into these Terms by reference. Together they explain what we collect through the Site, what we do with it, and the choices you have. Read them before you submit an inquiry.

4. What the Site Is For

The Site describes ClinIQ’s services as a healthcare management service organization supporting medical practices within California’s workers’ compensation system, including Qualified Medical Evaluator practices. Those services include medical report preparation, record review and digitization, dictation and transcription, document and deadline management, request-for-authorization handling, scheduling, billing and collection, accounting and financial administration, human resources support, and practice reporting and analytics.

The Site is a source of information about those services and a way to start a conversation about them. What the Site is not:

• a patient portal, and not a channel for patients or injured workers to obtain, review, or correct their records
• a channel for submitting medical records, medical-legal reports, claim files, requests for authorization, or billing documents to us
• a system for filing, tracking, or escalating a workers’ compensation claim
• a substitute for the secure systems and processes established in a signed services agreement

Access to any client-facing dashboard, reporting tool, or document system we may operate is not provided through the Site and is granted only under a separate written agreement.

5. No Professional Advice, and No Promised Outcomes

Everything on the Site is general information about our services. It is not legal, medical, clinical, coding, billing, accounting, tax, or compliance advice, and you should not act on it as though it were. Workers’ compensation matters turn on the specific facts of each claim, the documentation supporting it, the applicable rules and fee schedules, and the decisions of third parties we do not control — claims administrators, utilization review organizations, employers, carriers, and the bodies that administer the system.

We therefore make no representation and give no guarantee about the outcome of any claim, report, authorization request, appeal, billing submission, or collection effort. Nothing on the Site should be read as a promise about reimbursement, approval rates, turnaround, recovery, or compliance results, and nothing on the Site creates any such commitment. Any commitments we make about our services appear in a signed agreement and nowhere else.

The Site is not for medical emergencies. If you are experiencing one, contact emergency services immediately.

6. An Engagement Requires a Written Agreement

Submitting an inquiry, booking a call, receiving a proposal, or exchanging correspondence with us does not create a client relationship, and it does not oblige either of us to proceed. ClinIQ is engaged only when a written services agreement is signed by both parties. Where our work for you will involve protected health information, a Business Associate Agreement must also be in place before any such information is exchanged. Until both are signed, please route nothing to us that identifies a patient.

7. Appointment and Call Requests

The Site offers tools to request an appointment or a call. A request is a request: a time you select is not confirmed until we confirm it, and we may propose an alternative or decline. We may need to reschedule, and we will give you as much notice as we reasonably can. The scheduling tool is operated by a third-party provider, and your use of it is also subject to that provider’s own terms and privacy practices, which we do not control. Keep the details you enter into it to what the booking needs.

8. Account and Portal Access

If any part of the Site, now or in the future, requires credentials, you agree to give accurate information, keep your credentials confidential, and not share them. You are responsible for activity under your credentials. Tell us promptly if you suspect they have been compromised or used without authorization, and we may suspend access while we investigate. Where credentials are issued under a services agreement, that agreement’s access and security terms control.

9. Our Intellectual Property

The Site and its contents — text, graphics, logos, the ClinIQ name and marks, images, video, layout, design, structure, and any software or code behind it (together, the “Content”) — belong to ClinIQ or to those who license it to us, and are protected by copyright, trademark, and other laws.

You may view the Site and print or save individual pages for your own reference or for the internal use of your practice. Beyond that, you may not copy, republish, distribute, adapt, frame, scrape, translate, sell, or create derivative works from the Content, or remove any notice of ownership from it, without our prior written permission. We reserve every right not expressly granted here. If you would like to reference or reproduce something from the Site, ask us — we are usually happy to agree in writing.

10. Acceptable Use

When using the Site, you agree not to:

• submit information that is false, misleading, or not yours to submit, including another person’s contact details or another practice’s information
• submit patient-identifying or clinical information through Site forms, the scheduling tool, or a general inbox
• use the Site or the scheduling tool to send unsolicited advertising, recruitment pitches, or bulk messages to us
• make fictitious, duplicate, or automated appointment bookings, or otherwise abuse the scheduling tool
• infringe the intellectual property, privacy, confidentiality, or other rights of ClinIQ, our clients, or anyone else
• breach any applicable law or regulation, including those governing health information, workers’ compensation, and electronic communications
• introduce malware or any other harmful code, or attempt to interrupt, overload, damage, or degrade the Site
• attempt to gain unauthorized access to the Site, to any account, or to any system or network connected to it, or probe or test its security or authentication measures
• use any crawler, scraper, bot, or other automated means to access the Site or extract data from it without our prior written consent
• impersonate any person or organization, or misstate your affiliation with one
• assist, encourage, or enable anyone else to do any of the above

We may, but are not obliged to, monitor use of the Site, and we may remove content or restrict access where we believe these Terms have been breached.

11. Calls, Email, and Text Messages

11.1 About Your Inquiry

By giving us your telephone number or email address through the Site, you agree that we may contact you about the inquiry you submitted, by telephone, email, or text message. Standard message and data rates may apply.

11.2 Marketing Messages

Marketing email requires your subscription. Where the Site offers marketing text messages, it requires separate, affirmative consent through a checkbox that is not selected by default, and providing your number for any other purpose does not enroll you. Consent to marketing messages is never a condition of receiving a proposal or of becoming a client.

11.3 Stopping Them

Unsubscribe from any marketing email using the link it contains, reply STOP to a marketing text message, or contact us using the details in Section 20. We honor marketing email opt-out requests and marketing call or text revocation requests within 10 business days. Communications about an active inquiry, an engagement, or a billing or legal matter are not marketing and continue regardless.

12. Links to Other Sites and Services

The Site may link to third-party websites, tools, and resources, including our scheduling provider and any social media profiles we maintain. Those links are a convenience. We do not control those sites or services, we do not endorse their content by linking to them, and we are not responsible for their content, accuracy, availability, security, or privacy practices. Once you leave the Site, the terms and policies of the destination apply, and you should read them.

13. No Warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CLINIQ DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR ITS SERVERS ARE FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT IS COMPLETE, CURRENT, OR ACCURATE. INFORMATION ABOUT RULES, FEE SCHEDULES, FORMS, AND PROCEDURES WITHIN CALIFORNIA’S WORKERS’ COMPENSATION SYSTEM CHANGES, AND CONTENT ON THE SITE MAY NOT REFLECT THE MOST RECENT POSITION. VERIFY ANYTHING YOU INTEND TO RELY ON.

THIS SECTION DOES NOT APPLY TO SERVICES PROVIDED UNDER A SIGNED SERVICES AGREEMENT OR BUSINESS ASSOCIATE AGREEMENT, WHICH CONTAIN THEIR OWN WARRANTY TERMS.

14. Limits on Our Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CLINIQ AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST OR DELAYED REIMBURSEMENT, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE, OR YOUR RELIANCE ON ANYTHING ON IT, WHETHER THE CLAIM IS BROUGHT IN CONTRACT, TORT, STATUTE, OR OTHERWISE, AND WHETHER OR NOT WE WERE ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Two things sit outside this section. First, nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under California law, including liability for fraud, willful misconduct, or gross negligence. Second, these limits do not apply to our obligations under a signed services agreement or Business Associate Agreement; liability for the services provided under those agreements is governed by their own terms, which were negotiated for that purpose.

15. Your Indemnity

You agree to defend, indemnify, and hold harmless ClinIQ and its owners, directors, officers, employees, contractors, and agents from and against any claim, demand, proceeding, loss, liability, damage, cost, or expense, including reasonable attorneys’ fees, arising out of or relating to your breach of these Terms, your misuse of the Site, your submission of information you had no right to submit, or your submission of patient-identifying or clinical information through the Site contrary to Sections 4 and 10. We may assume the defense of any such matter at your expense, and you agree not to settle it in a way that imposes any obligation on us without our written consent.

16. Suspension and Withdrawal of Access

We may change, suspend, restrict, or discontinue the Site or any part of it, and we may block or restrict your access, at any time and without notice, including where we believe you have breached these Terms. We are not liable to you for doing so. Any provision of these Terms that by its nature should survive — intellectual property, disclaimers, liability limits, indemnity, and governing law — survives.

17. Governing Law and Venue

These Terms, and any dispute arising out of or relating to them or to the Site, are governed by the laws of the State of California, without regard to its conflict-of-laws rules. You and ClinIQ agree that any such dispute will be brought exclusively in the state courts located in Orange County, California, or in the United States District Court for the Central District of California, and each of us consents to the personal jurisdiction and venue of those courts. Where a signed services agreement contains its own dispute resolution, governing law, or venue terms, those terms govern disputes under that agreement.

18. Changes to These Terms

We may revise these Terms by posting an updated version on the Site, and the Effective Date above shows when they last changed. Your continued use of the Site after a revision takes effect means you accept the revised Terms. If you do not accept them, stop using the Site. We suggest checking this page from time to time.

19. General Provisions

If any provision of these Terms is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary and the remainder will stay in force. Our failure to enforce a provision is not a waiver of it. You may not assign or transfer these Terms without our written consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets. Headings are for convenience and do not affect interpretation. You agree that we may communicate with you electronically and that electronic communications satisfy any legal requirement that a communication be in writing.

These Terms, together with our Privacy Policy and Cookie Policy, are the entire agreement between you and ClinIQ regarding the Site, and they supersede any earlier understanding about it. They do not modify, and are not modified by, any signed services agreement or Business Associate Agreement between us; where a conflict arises in relation to services provided under such an agreement, the agreement controls.

20. How to Reach Us

Questions about these Terms:

ClinIQ Systems Inc. | PO Box 2346, Orange, CA 92859

Telephone: +1 (888) 519-1702 | Email: [email protected]