Terms and Conditions

These Terms and Conditions are an agreement that will serve to confirm to your organization (“you”) the verbal or written quotation submitted by the authorized representative of National Recalls relating to the service and terms as detailed below.

Your acceptance of this quotation for the services indicated, by checking the appropriate checkbox when signing up, will make immediately available to you the services and terms indicated below.

Schedule Of Services were indicated on the signup page when filling out the sign up form.

This is an on-going contract.

Requests for cancellation, pausing services, OR any changes to services must be made in writing, 30 days in advance.

Work Made Available

If at any time National Recalls is unable to perform work due to your failure to provide or lack of availability of required information, documentation, equipment or work assignments outside of National Recalls’ control, the agreed upon service charge will still be applied unless previous arrangements are made to accommodate at least one (1) week in advance. (Example: If National Recalls is dependent upon the customer for lists of patients to call and the lists are not provided, the price agreed upon will still be charged).

Payment Terms and Conditions

Payment will be made by ACH or CC only. No checks or cash accepted.

Payment is due before beginning services.

The date of this contract will serve as future bill date and any payment made past this date on future payments is subject to a $35 late charge to be billed on the next invoice.

Contract and pricing are subject to change upon mutual consent of both parties.

Any patients scheduled past 2:00 PM PST for the following day might not be confirmed or verified.

By entering into this contract you are giving National Recalls permission to use your phone number as a caller ID for outbound calls to your patients.

HIPAA and Confidential Medical Information

National Recalls agrees to comply to the extent applicable with all applicable federal, state and local laws, including without limitation the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) California Medical Information Act (“CMIA”) and all implementing regulations issued pursuant thereto, as may be amended from time

to time National Recalls shall protect the confidentiality, privacy and security of all medical records or other health-related information that National Recalls or any of its employees or agents creates or receives for or from you pursuant to this Agreement. National Recalls agrees to comply with the Business Associate Agreement attached hereto as Exhibit A and incorporated by reference. National Recalls acknowledges that in receiving or otherwise dealing with any records or information from you about your patients receiving treatment for alcohol or drug abuse, National Recalls is fully bound by the provisions of the federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records (42 C.F.R. Part 2, as amended from time to time).

Limitation on Liability

Absent fraud or intentional misrepresentation, the aggregate liability of National Recalls for any breach of this agreement shall not exceed the total value of services provided hereunder as set forth in the Schedule of services and Price herein.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NATIONAL RECALLS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF INFORMATION IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT NATIONAL RECALLS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law

This Agreement shall be governed by and construed in accordance with and subject to the laws of the State of California, without giving effect to the choice or conflict of law principles thereof. In the event of any dispute hereunder, the parties agree to submit the dispute for arbitration in the City of Los Angeles in accordance with the Commercial Arbitration Rules for the American Arbitration Association; provided, however, that nothing herein shall prevent National Recalls from seeking equitable relief from a court of competent jurisdiction. The determination of the arbitrator shall be final and conclusive upon the parties hereto.

Intellectual Property

All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Web Site belong to us. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this Web Site belong to their respective owners.

Entire Agreement

This Agreement represents the entire agreement and understanding concerning the subject matter hereof. This agreement supersedes and replaces any and all prior agreements, understandings, discussions, negotiations, or proposals concerning the subject matter hereof. In deciding to sign this Agreement, you have not relied on any express or implied promise, statement, or representation by National Recalls, whether oral or written, except as set forth herein.