Terms and Conditions for Use of Endeavor

Read the following terms and conditions carefully before continuing. The user must accept these terms and conditions to obtain access to the Endeavor System. If the user does not agree to these terms and conditions, the user will not be able to use the Endeavor System. It is suggested that the user check these terms periodically for changes. The terms can be accessed from the link located at the bottom of the Endeavor main menu. If the Endeavor System is accessed after changes to these terms and conditions are posted, the user will be deemed to have accepted any changes.

 

Terms and Conditions as of: January 20, 2012

User Access

Users shall have access to such applications, as Noridian Healthcare Solutions, LLC (Noridian) makes available through the Endeavor System. Noridian reserves the right to determine the applications and level of access granted to each user.  

Noridian may, without advance notice or liability, add, discontinue, or revise any aspect of the Endeavor System, including without limitation such aspects as scope of service, availability of service, time of service availability, or the hardware and/or software required for users to access and use the Endeavor applications. Noridian will make reasonable efforts to provide users with advance notice of such events when practicable. 

User Equipment and Remote Connect Charges

Users shall be responsible for obtaining and maintaining, at the users’ own expense, all computer hardware, software, communication equipment and access lines necessary to access and utilize the Endeavor System.

User Names and Passwords

Role based security is enforced to ensure information is accessible on a minimum necessary/need to know basis. A user’s access is restricted to assigned Medicare provider identification numbers.

The user is responsible for maintaining the confidentiality of their user name (account ID) and password and is responsible for all activities resulting from the use of their user name and password, including unauthorized use. The user is required to immediately notify Endeavor Support when discontinuing use of the Endeavor System, or in the event the user name and password are compromised or abused.

Conduct of User

The user agrees to use the Endeavor System only for lawful purposes.  The user will not post or transmit on or through the Endeavor System any libelous, obscene, or otherwise unlawful information of any kind, and the user will not engage in any conduct involving the Endeavor System that would constitute a criminal offense or give rise to civil liability under any local, state, federal or other law or regulation, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any subsequent amendments.  The user will not upload, post, reproduce or distribute to or through the Endeavor System any material protected by copyright, privacy or other proprietary right without first obtaining the written permission of the owner thereof. The user acknowledges that the Endeavor System contains copyrighted and other proprietary and confidential information and material, and the user will respect all such proprietary rights and take such precautions as may be reasonably necessary to protect private, confidential and other proprietary information and material from unauthorized use or disclosure.

The user is responsible for compliance with all applicable policies and procedures published by payors or government agencies.

Availability of Benefits

The data presented is not a guarantee of benefits.  Benefits are only available for medically appropriate and necessary treatment that is covered according to the terms of the benefit plan and subject to the patient’s eligibility on the date of service.  Benefits will be denied if the member is not eligible on the date of service.

Accuracy and Validity of Information and Opinions

Noridian will make reasonable efforts to ensure that information it contributes to the Endeavor System is timely and accurate. However, Noridian does not warrant and assumes no responsibility whatsoever for the timeliness, accuracy, reliability, completeness or usefulness of any statement, opinion, advice, service or other information contributed by any third party. 

Monitoring of the Endeavor System

Noridian may, in its discretion and without notice, monitor the Endeavor System and the user's use thereof to determine and ensure compliance and to protect itself and other users of the Endeavor System from fraudulent, unlawful or abusive use, or for any other reason deemed necessary by Noridian.  Noridian may also intercept and disclose any content, record, use or other information to the extent reasonably necessary to protect the rights of Noridain, for mechanical or service quality control as permitted by law, or to comply with any law, regulation, or governmental request. Noridian may also, in its discretion, review, edit, refuse to post or remove any material or information submitted or transmitted to the Endeavor System.

On-line Updates

Noridian may, when feasible, update the Endeavor System either with or without notice to the user.  Such updates will occur automatically on-line upon the user's signing into the Endeavor System or may occur pursuant to prompts, which appear on the user's web screen during use of the Endeavor System. The user has no right to continued use of the prior versions after an update has been made.  The user hereby consents to the process of the on-line updates, waiving any and all claims for damages, loss of data, or loss of access related thereto.

Endeavor System Maintenance

Planned availability for eligibility will be 24 hours/day and 7 days/week. All other options of the Endeavor System will be available during normal claims processing system hours. The system will be brought down for occasional maintenance. To the extent possible, this maintenance will be scheduled on the weekends and off-hours when it will be least likely to cause an interruption in production. Notification of this downtime will be communicated to the user through the broadcast news messaging board on the Endeavor main menu.

Endeavor Support

Support is available through various methods. See the Contact Us link on the bottom of each Endeavor page for hours and contact information.

Copyright Protection

The Endeavor System and the content provided therein, are protected by copyright. All rights in the pages, site content, graphics, and arrangement are owned by Noridian. The user is prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works of or using any of the content from the Endeavor System for commercial or public purposes. The user is hereby granted a revocable, limited license to use the Endeavor System to review Medicare information and for no other reason whatsoever.  Except as expressly granted herein, no license is granted to the user, and any and all other rights are reserved by and for Noridian.

Applicability of State and Federal Laws

All products and services provided through the Endeavor System are subject to all applicable state and federal laws.  This includes, but is not limited to, all laws related to insurance, employee benefits, equal employment opportunity, and the Americans with Disabilities Act. 

Users’ Privacy

While Noridian is committed to protecting the privacy of its members and others, it is possible that any transmission of data on or through the Internet may be intercepted, monitored, or downloaded by an unauthorized third party.  To the extent allowed by state and federal law, Noridian expressly disclaims any liability for any data transmitted by the user, intentionally or otherwise, over the Internet. THE USER ASSUMES ALL RISK FOR THE SENDING OF ANY INFORMATION, BY ANY MEANS, INTENTIONAL OR OTHERWISE, VIA THE INTERNET.

DISCLAIMER OF WARRANTIES 

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE ENDEAVOR SYSTEM AND INFORMATION AVAILABLE THROUGH THE ENDEAVOR SYSTEM ARE FURNISHED BY NORIDIAN AND ACCEPTED BY THE USER "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY WHATSOEVER.  ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED.  NORIDIAN DOES NOT WARRANT THAT THE ENDEAVOR SYSTEM, OR INFORMATION OBTAINED THROUGH THE ENDEAVOR SERVICES, WILL MEET THE USER'S REQUIREMENTS, THAT THE OPERATION OF THE ENDEAVOR SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL FAILURES OF THE NORIDIAN ENDEAVOR SYSTEM TO SUBSTANTIALLY CONFORM TO OR PERFORM SUBSTANTIALLY IN ACCORDANCE WITH NORIDIAN SPECIFICATIONS WILL BE CORRECTED.  EXCEPT AS EXPRESSLY PROVIDED ABOVE AND IN SUCH WARRANTIES, IF ANY, AS MAY BE PROVIDED BY THIRD PARTY VENDORS OF EQUIPMENT OR SOFTWARE UTILIZED IN CONNECTION WITH ENDEAVOR, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ENDEAVOR SYSTEM, AND INFORMATION OBTAINED THROUGH THE ENDEAVOR SYSTEM IS WITH THE USER.

Term and Termination

Either party may, at its election and in its sole discretion, terminate access to the Endeavor System. Endeavor Support may, at any time, terminate the user's access to any or all of the Endeavor applications without advance notice if the user has prolonged inactivity or commits any violation.

Entire Agreement

These terms and conditions set forth the entire agreement and understanding between Noridian and the user regarding the subject matter hereof and supersede any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. If the user has entered into an Electronic Trading Partner Agreement with Noridian, the terms of the Electronic Trading Partner Agreement remain in effect and are not superceded by this agreement.

LIMITATION OF NORIDIAN LIABILITY

IN NO EVENT WILL NORIDIAN BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY INFORMATION, PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED BY NORIDIAN UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF NORIDIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND THE AGGREGATE LIABILITY OF NORIDIAN UPON ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY INFORMATION, PRODUCTS OR SERVICES FURNISHED OR TO BE FURNISHED BY NORIDIAN UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID TO NORIDIAN BY THE USER UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL OPERATE TO RELIEVE NORIDIAN  FROM LIABILITY FOR ITS OWN WILLFUL OR WANTON RECKLESSNESS OR INTENTIONAL TORTS.