These Terms of Service (“Terms”) govern your access to and use of the website at exigeresolutions.comand the transcription and documentation services (collectively, the “Services”) provided by Exigere Solutions (“Exigere,” “we,” “us”). By accessing the Site or using the Services, you agree to these Terms. If you do not agree, do not use the Site or Services.
1. The Services
Exigere provides medical, legal, and medical-legal transcription and related documentation services performed by qualified specialists. Specific deliverables, turnaround, and pricing are defined in the applicable order, statement of work, or engagement agreement (“Engagement”). In the event of a conflict, the Engagement and any executed Business Associate Agreement control over these Terms.
2. Eligibility and accounts
The Services are intended for businesses and professionals. You represent that you have authority to enter into these Terms and to submit materials for transcription. You are responsible for maintaining the confidentiality of any credentials and for activity under your account.
3. Your responsibilities
- You must have all necessary rights, authorizations, and consents (including any patient or party consents and recording consents required by law) to submit materials to us for transcription.
- You will use the Services in compliance with all applicable laws, including HIPAA and state privacy and recording statutes.
- You are responsible for reviewing completed documentation for your intended use before relying on it.
4. Confidentiality and HIPAA
We treat client materials as confidential and disclose them only as needed to perform the Services or as required by law. Where the Services involve Protected Health Information, the parties will execute a Business Associate Agreement, which governs the handling of such information consistent with HIPAA.
5. Acceptable use
You agree not to misuse the Site or Services, including by attempting to gain unauthorized access, disrupting the Services, uploading unlawful content, or submitting materials you are not authorized to share.
6. Intellectual property
The Site, its content, branding, and software are owned by Exigere and protected by applicable laws. As between the parties, you retain ownership of the materials you submit and of the completed transcripts we deliver to you, subject to payment and the terms of the Engagement.
You grant Exigere a limited license to use submitted materials to perform the Services and, solely in de-identified form consistent with our Privacy Policy, applicable law, and any executed Business Associate Agreement, to improve and develop our Services and proprietary technology.
7. Accuracy and no guarantee of legal admissibility
We apply rigorous, multi-pass quality processes and stand behind the accuracy of our work. However, transcription accuracy depends in part on the quality and completeness of the source materials you provide. Exigere does not guarantee that any transcript will be admitted as evidence or accepted by any court, tribunal, or agency. Admissibility, certification, and evidentiary requirements vary by jurisdiction and are determined solely by the relevant authority. Nothing in the Services constitutes legal or medical advice.
8. Fees and payment
Fees, billing, and payment terms are set out in the applicable Engagement. Unless otherwise stated, fees are due as invoiced and are non-refundable once work has been performed.
9. Disclaimers
Except as expressly stated in an Engagement, the Site and Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of liability
To the maximum extent permitted by law, Exigere will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our total liability arising out of or relating to the Services will not exceed the amounts paid by you to Exigere for the specific Services giving rise to the claim during the three (3) months preceding the event. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
11. Indemnification
You agree to indemnify and hold Exigere harmless from claims arising out of your breach of these Terms, your misuse of the Services, or your lack of necessary rights or consents in the materials you submit.
12. Term and termination
We may suspend or terminate access to the Site or Services for conduct that violates these Terms or applicable law. Provisions that by their nature should survive termination (including confidentiality, IP, disclaimers, limitation of liability, and indemnification) will survive.
13. Governing law
These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules. The state and federal courts located in Davidson County, Tennessee will have exclusive jurisdiction, except where prohibited by applicable law.
14. Changes to these Terms
We may update these Terms from time to time. Material changes will be reflected by updating the “Last updated” date above. Your continued use of the Services after changes take effect constitutes acceptance.
15. Contact
Questions about these Terms may be sent to legal@exigeresolutions.com.