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Availity Terms And Conditions

(as used within the NextGen® Pre-Service Solutions – Powered by Availity solution)

By signing the Order Form with NextGen Healthcare, Inc. that contains the following Third Party Product or Service and/or clicking “I ACCEPT” or equivalent language when You or Your organization first uses the Product or Service set forth below, Customer and/or its organization are agreeing to the following terms and conditions that are directly between you and the Third Party vendor. To the extent you are agreeing on behalf of Customer, You represent and warrant that you are authorized by Customer to do so.

The following terms and conditions (the “Required Terms”) govern any patient access services and prior authorization services (respectively, the “PSC Services” and the “Prior Authorization Services”, and collectively referred to in these Required Terms as the “RealMed Services”) to be provided by Availity f/k/a RealMed Corporation (“RealMed”), to the Customer or customer executing the agreement into which these Required Terms are incorporated (the “Customer”). These Required Terms may not be changed or modified without RealMed’s express prior written approval, on a case-by-case basis.

  1. RealMed Services.
    1. Pre-Service Clearance Services. The PSC Services may be used by Customer to facilitate patient collections for health care services provided by Customer. The medical necessity component of the PSC Services (such component, the “Medical Necessity Services”) are provided by a third party and are subject to the additional terms set forth in Attachment 1 hereto.
    2. Prior Authorization Services. The Prior Authorization Services may be used to obtain prior authorizations from private insurance, government, and other payers that pay Customer for healthcare services (collectively, the “Payers”) for certain medical procedures to be performed on patients of Customer (collectively, the “Medical Procedures”). A Customer shall elect to purchase one of the following two variations of Prior Authorization Services: (1) Customer personnel are provided access to RealMed’s proprietary “AUTHPAL®” software solution in a software as a service (“SaaS”) model over the Internet (the “Client-Use Prior Authorization Services”) to obtain prior authorizations for radiology only, and (2) RealMed uses its personnel assets to obtain prior authorizations (not limited to radiology) for the Customer (the “Outsourced Prior Authorization Services”). In the Outsourced Prior Authorization Services, RealMed may use the AuthPal software solution on Customer’s behalf. When used in either variation of the Prior Authorization Services, the AuthPal software solution can be used to help to automate, where applicable, up to approximately 80% of the radiology authorization process.
      1. Terms Applicable to All Prior Authorization Services
        1. Implementation Process. Customer will be provided with a pre-deployment checklist of information that Customer must promptly complete and return to RealMed (or RealMed’s authorized reseller that executes with Customer the agreement into which these Required Terms are incorporated (“Reseller”)) for implementation of the Prior Authorization Services and a list of minimum required specifications for computer and other technology needed to access and use the Prior Authorization Services. Customer shall promptly provide any additional information reasonably requested for implementation, and Customer shall ensure that all information provided by Customer is correct, complete, and accurate. In addition, Customer shall promptly obtain and provide to RealMed (or the Reseller) written copies of verification and prior authorization rules for specific Payers and any other requested information and materials regarding Customer’s experience with, and knowledge of, such rules, the practical application of such rules, problems encountered under such rules, and other relevant matters. Customer acknowledges that the benefits received from, and the quality of, the Prior Authorization Services directly depends upon the completeness and accuracy of information provided by Customer to RealMed (or the Reseller). 
        2. Manuals; Changes. Within thirty (30) days after all requested or required Customer information is provided to RealMed, Customer will be provided with process manuals that are customized for Customer, based on the information provided by Customer, for the Prior Authorization Services (collectively, the “Manuals”). Customer shall promptly notify RealMed (or the Reseller) in writing of any changes (collectively, “Changes”) in: (i) the Payers or their required rules and procedures; (ii) Customer’s performance of Medical Procedures; (iii) Customer’s business location; (iv) Customer’s health care providers; (v) Customer’s electronic medical record systems; (vi) in laws or regulations applicable to Customer; (vii) any errors encountered by Customer in processing or billing in connection with the Prior Authorization Services; or (viii) any other changes of any kind that make any information previously provided by Customer incomplete or inaccurate in any respect that may impact the Prior Authorization Services. Within a reasonable time after Customer provides information on any Changes to RealMed (or the Reseller), Customer will be provided with revised Manuals updated to address such Changes. Customer must provide any feedback on the updated Manuals to RealMed (or the Reseller) within five (5) business days after receiving them, and any applicable associated changes to the Prior Authorization Services will be implemented and made effective within a reasonable time.
        3. Revisions; Updates. RealMed reserves the right to revise or update any of the software or services used to provide the Prior Authorization Services at any time, in whole or part, in its reasonable discretion, provided that such revisions or updates do not adversely impact Customer’s interfaces or materially reduce or limit the operation, performance, features, or functionality of the Prior Authorization Services.
        4. Additional Customer Responsibilities. Customer shall provide complete and accurate responses, to the best of Customer’s knowledge and ability, to any inquiries from time to time regarding information concerning Customer’s operations and the use of the Prior Authorization Services or any other matters relevant to the Prior Authorization Services. Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all of responses, information, data, and materials provided by Customer in connection with the Prior Authorization Services. Customer shall promptly and appropriately respond to clinical questions posed or presented on Payer sites or radiology benefit manager sites with which the AuthPal software interfaces, to enable retrieval from such sites of the status of the prior authorizations. 
        5. Any tools, scripts, software, and utilities provided to Customer in connection with the use of the Prior Authorization Services (collectively, “Tools”) shall be deemed to constitute part of the Prior Authorization Services and shall be and remain solely and exclusively the property of RealMed. Customer may use such Tools solely to facilitate Customer’s administration and monitoring of the environment Customer uses to access and use the Prior Authorization Services. Any such Tools are provided “as is”, with all faults, and no technical support, warranties, or other commitments apply or are made with respect to any such Tools. Customer may only use such Tools during any period of time in which Customer is entitled to receive and use the Prior Authorization Services, and RealMed may revoke Customer’s right to use any such Tools by notifying Customer to discontinue and cease use thereof.
        6. Statistical Information. Subject to compliance with HIPAA (including any HIPAA business associate obligations) and all other applicable laws and regulations: (a) RealMed may compile de-identified, aggregated statistical information related to the performance and results of use of the Prior Authorization Services (such as, for example, the percentage of exam volumes for which pre-certification is streamlined by use of the Prior Authorization Services), provided that such compiled statistical information shall not identify, or provide any reasonable basis by which to identify, Customer, any Payer, any referring physician, any patient, or any other person or entity; (b) RealMed may use such compiled statistical information in combination with similar compiled statistical information regarding other RealMed customers, in efforts to improve or add features to the Prior Authorization Services, correct errors in the Prior Authorization Services, improve the efficiency of the Prior Authorization Services, and for other lawful business purposes; and (c) RealMed may make such compiled statistical information publicly available, or RealMed may offer and make such information available to selected third parties, on such terms as RealMed deems appropriate from time to time. Notwithstanding the foregoing, RealMed shall not use or disclose such information for purposes of directly marketing to or contacting, or enabling any third party to directly market to or contact, Customer or any Payers, referring physicians, or patients. Customer acknowledges and agrees that RealMed shall own and retain all right, title, and interest (including, but not limited to, all intellectual property rights) in and to all such compiled statistical information, without any rights of accounting or any other obligations to Customer or any third party.
        7. The following work functions are excluded from the Prior Authorization Services: (a) interpretation of medical records; (b) peer to peer reviews; and (c) obtaining charts from referring doctors or soliciting follow up questions to referring doctors.
        8. RealMed Subsidiary. In the Client-use Prior Authorization Services, the AuthPal software used to provide the services and Customer’s data are stored in the United States, but may be accessed by employees of RealMed’s wholly owned offshore subsidiary for purposes of advanced technical software support. In the Outsourced Prior Authorization Services, the services are provided by employees of RealMed’s wholly owned offshore subsidiary, and Customer’s data may be sent, received, processed, and stored outside the United States.
      2. Terms Applicable Only to Outsourced Prior Authorization Services.
        1. RealMed Responsibilities. RealMed shall, and Customer authorizes RealMed to, perform data entry and other steps necessary to provide the Outsourced Prior Authorization Services, including use the AuthPal software on Customer’s behalf in the same manner that Customer’s users would use the AuthPal software. Subject to Customer meeting its obligations to provide RealMed access to Customer’s systems, RealMed shall submit required medical data obtained from medical records provided by Customer in response to medical questions received in the authorization process. RealMed will perform data entry only. 
        2. Customer Responsibilities. Customer shall perform the tasks and obligations that are required to support RealMed, including:
          1. Maintaining and updating any interfaces necessary to support any required integration with Customer’s PM, EHR or RIS, as applicable.
          2. Assisting in establishing and maintaining required credentials with payers and benefit managers in order to ensure that the RealMed may perform the Prior Authorization Services.
          3. Providing RealMed access to Customer’s requisite systems to allow RealMed to obtain medical information to complete any medical questions required to submit the authorization request.
          4. Reasonably cooperating with RealMed, promptly and accurately responding to RealMed requests for information and materials and providing timely, accurate and complete data, documents and other information and materials to RealMed.
          5. Following up with payers and benefit managers.
          6. Assisting RealMed during the initial implementation phase by openly sharing knowledge which may affect the authorization process (e.g., any specific rules for large local employers, et cetera).
          7. Notifying RealMed as soon as it receives notification from payers or benefit managers regarding changes to the authorization process.
        3. Joint Responsibilities. RealMed and Customer shall undertake the following actions in connection with the Outsourced Prior Authorization Services, all of which shall be documented in the Manual maintained between RealMed and Customer:
          1. Customer and RealMed will create protocols to allow the electronic exchange of medical documents needed in order to obtain authorizations.
          2. Customer will work to document the business processes and rules of exchanging data between RealMed and Customer. The business processes and rules will be formally documented by RealMed and incorporated into a manual (the “Manual”). Customer agrees to review and approve the business processes and rules. Upon notification of a rule change, RealMed will submit updated documentation to Customer for review and approval. If Customer does not approve or dispute the updated documentation within five (5) business days of Customer’s receipt of the updated documentation, the rule change will be deemed approved, and RealMed will automatically implement the rule change. The business processes and rules can be modified, but to do so will require a similar documentation, review and approval process. The purpose of this process is to ensure that the parties understand their roles and responsibilities and to prevent misunderstandings. 
          3. In cases where the encounter documentation does not reasonably support an authorization request, RealMed will notify Customer and Customer will endeavor to obtain the necessary information. Customer understands that Customer’s timely and complete submission of correct documentation is essential to the efforts of RealMed.
          4. From time to time, there may be process changes which may require RealMed to increase its resources. Additionally, Customer may increase volumes or have changes in its business that create additional resource requests. In such cases, RealMed or Customer will, as soon as reasonably practicable, notify the other party of the reason for the additional resource needs
  1. Use of the Services. Customer shall use commercially reasonable efforts to use the RealMed Services for substantially all patient registrations.
  2. AMA CPT Codes. The PSC Services and the Prior Authorization Services use or make available Current Procedural Technology (“CPT”) codes provided by the American Medical Association (the “AMA”). Customer hereby represents and warrants that Customer has separately obtained, currently has, and shall maintain in force and effect all necessary and appropriate rights and licenses from the AMA that are required for the use of the CPT codes with the PSC Services and the Prior Authorization Services.
  3. Pricing. The implementation fee(s) reflect a discount which is dependent upon Customer making good faith best efforts to expeditiously implement the applicable RealMed Services.
  4. User Access and Security. Customer is responsible for all of its and its users’ acts or omissions in connection with the RealMed Services, and for any use of the RealMed Services through any IDs and passwords assigned to Customer and its users. Customer is solely responsible for: (i) maintaining the strict confidentiality of the IDs and passwords for the RealMed Services that are assigned to Customer and Customer’s users; (ii) not permitting Customer’s users to not allow another person to use their respective user IDs or passwords to access the RealMed Services; and (3) any claim, damages, losses, or charges that arise out of, or are incurred or suffered as a result of, Customer’s or Customer’s users’ failure to maintain the strict confidentiality of user IDs and passwords for the RealMed Services. Customer shall indemnify, defend, and hold RealMed and its affiliates, and their respective officers, directors, members, managers, employees, agents, and representatives, harmless from and against any third-party claims, suits, and actions (including, but not limited to, those brought by any governmental authority), and any liabilities, losses, damages, fines, penalties, costs, and expenses of any kind or nature incurred by RealMed, arising out of or resulting from Customer’s or any of its users’ use of the RealMed Services (other than claims subject to indemnification by RealMed under these Required Terms).
  5. Confidentiality. Customer acknowledges and agrees that the RealMed Services and all related software and documentation, the pricing of the RealMed Services, and all other information and materials of RealMed’s that are provided or made available to Customer in connection with the RealMed Services constitute confidential information, and valuable trade secrets and intellectual property, of RealMed and its third party licensors and service providers (“Confidential Information”). Customer shall maintain the Confidential Information in strict confidence. Customer shall not, and Customer shall not permit its employees, agents and subcontractors to, sell, transfer, publish, disclose, display or otherwise make accessible the Confidential Information, in whole or in part, to any third party. Customer shall not use any of the Confidential Information for its own benefit or the benefit of others, except as expressly permitted under these Required Terms. Notwithstanding any other provision of these Required Terms, any breach or violation of this Section 6 shall be deemed to constitute a material breach of these Required Terms and grounds for immediate termination of Customer’s right to access and use the RealMed Services. In such a case, and in addition to any other available rights, remedies, and recourse, RealMed shall have the right to seek immediate injunctive and other equitable relief in addition, without posting bond or proving damages.
  6. Limited Warranty and Disclaimers.
    1. Limited Warranty. RealMed warrants that the RealMed Services will be provided in material compliance with the documentation provided by RealMed for the use of the RealMed Services. Customer must notify RealMed in writing of any breach of, or failure to conform with, such warranty within thirty (30) days after the performance of any given RealMed Services, and RealMed will, if so notified, as Customer’s sole and exclusive remedy, and RealMed’s entire obligation and liability, for such breach or nonconformance, re-perform the non-conforming RealMed Services at no additional cost or charge to Customer. The warranty set forth above in this paragraph shall not apply, and RealMed shall have no obligation, to the extent that any failure to conform with such warranty arises or results from causes outside of RealMed’s reasonable control, including, but not limited to: (i) use of the RealMed Services other than in accordance with the relevant documentation or these Required Terms; (ii) Customer’s or user’s misuse, modification, or configuration of the RealMed Services; (iii) use of the RealMed Services in combination with, hardware, software, or RealMed Services not supplied by RealMed or specified in the applicable documentation as compatible with the RealMed Services, any hardware, software, or other items not meeting RealMed’s then-current minimum requirements for the RealMed Services, or any failures, errors, or defects in hardware, software, or services not supplied by RealMed; (iv) any data entered or provided by, or any acts or omissions of, Customer, a user, any Reseller, or any other third party not under the direction or control of RealMed, or the failure of any of the foregoing to follow RealMed’s instructions regarding the RealMed Services; or (v) other causes within Customer’s or any user’s computing environment or otherwise within the control of Customer or third parties not under RealMed’s direction or control, including problems or issues with third-party software applications, hardware, network, or Internet connectivity, corrupted data, corrupted software, computer viruses or malware, or Internet-based attacks by third parties. 
    2. Disclaimers.
      1. EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS SECTION 7: (I) NEITHER REALMED NOR ANY RESELLER MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE REALMED SERVICES PROVIDED UNDER THESE REQUIRED TERMS, AND ALL SUCH WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR USAGE IN TRADE, ARE EXPRESSLY DISCLAIMED AND EXCLUDED; AND (II) THE REALMED SERVICES AND ALL DATA PROVIDED OR MADE AVAILABLE THROUGH THE REALMED SERVICES ARE PROVIDED “AS IS”, WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES OF ANY KIND. REALMED DOES NOT WARRANT THAT THE REALMED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL DEFECTS WILL BE CORRECTED.
      2. REALMED MAKES NO WARRANTIES OR COMMITMENTS OF ANY KIND REGARDING ANY THIRD-PARTY DATA, SOFTWARE, HARDWARE, OR REALMED SERVICES, OR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY THIRD-PARTY DATA OR REALMED SERVICES. TO THE EXTENT ANY DATA OR INFORMATION PROVIDED OR MADE AVAILABLE THROUGH THE REALMED SERVICES IS OBTAINED FROM THIRD PARTIES, SUCH DATA AND INFORMATION ARE PROVIDED “AS IS”, WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES OF ANY KIND, AND REALMED SHALL HAVE NO LIABILITY OF ANY SORT WITH RESPECT THERETO. IN NO EVENT SHALL REALMED BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR: (I) THE CREDITWORTHINESS OR PERFORMANCE OF ANY PATIENT OR OTHER THIRD PARTY FOR OR WITH RESPECT TO WHICH THE REALMED SERVICES ARE USED; (II) ANY DENIAL OF PAYMENT BY A PAYER IN CONNECTION WITH USE OF THE REALMED SERVICES; (III) ANY DELAY OR FAILURE OF A PAYER OR OTHER THIRD PARTY TO PROCESS A TRANSACTION UNDER ANY ORDER SUBMITTED IN CONNECTION WITH THE REALMED SERVICES; OR (IV) ANY LIMITATIONS INHERENT IN ANY PAYER’S OR OTHER THIRD PARTIES’ SYSTEMS.
      3. due to inaccuracy in information provided to RealMed by CUSTOMER or others, changes in payer rules and procedures, billing errors, patient coverage at time of Medical Procedures and other reasons, payment of bills for Medical Procedures may be denied, even though they are shown as verified or authorized by the Prior Authorization Services. Customer also acknowledges that, due to inaccuracy in information provided to RealMed by Customer or others, changes in Payer rules and procedures, billing errors, patient coverage at time of Medical Procedures, and other reasons, payment of bills for Medical Procedures may be denied, even though they are shown as verified or authorized by the Prior Authorization Services, and RealMed shall not be responsible for any denial of payment. Customer further acknowledges that RealMed is not responsible for the content, products, or services offered on any Payer or other third-party websites and that RealMed does not control the transfer of data over communications facilities, including the Internet, and that the Prior Authorization Services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.
      4. REALMED SHALL NOT BE LIABLE FOR ANY ERRORS OR DEFECTS IN THE PRIOR AUTHORIZATION SERVICES BASED ON INCORRECT OR INCOMPLETE INFORMATION PROVIDED BY CUSTOMER OR OTHERS TO REALMED.
  1. LIMITATIONS OF LIABILITY. REGARDLESS OF THE LEGAL THEORY OF ANY CLAIM: (I) REALMED'S MAXIMUM LIABILITY IN CONNECTION WITH THESE REQUIRED TERMS AND ANY REALMED SERVICES PROVIDED HEREUNDER SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO REALMED FOR THE REALMED SERVICES PROVIDED TO CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE LAST EVENT(S) GIVING RISE TO THE APPLICABLE CLAIM(S); AND (II) REALMED SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ANY LOSSES RELATING TO LOST DATA OR DATA CORRUPTION OR INTEGRITY, OR ANY DAMAGE TO BUSINESS RELATIONSHIPS), REGARDLESS OF WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE.
  2. Indemnification. RealMed will indemnify, defend, and hold Customer harmless from and against any claims, suits, or actions brought by any third party against Customer, and any associated damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) awarded or payable to any third party, resulting from or arising out of claims alleging that the RealMed Services, when used in conjunction with these Required Terms, infringe, violate, or constitute a misappropriation of any patent, copyright, trademark, trade secret, or other intellectual property or proprietary right of any third party. Notwithstanding the foregoing, RealMed shall have no obligations hereunder to the extent that any third-party claim arises out or is based on: (i) Customer’s or user’s use, modification, or configuration of the RealMed Services other than in accordance with the relevant documentation or these Required Terms; (ii) use of the RealMed Services in combination with, hardware, software, or services not supplied by RealMed or specified in the applicable documentation as compatible with the RealMed Services; or (iii) any materials or data provided by Customer, a user, any Reseller, or any other third party not under the direction or control of RealMed (including, but not limited to, the AMA), or the failure of any of the foregoing to follow RealMed’s instructions regarding the RealMed Services. In the event that any indemnified intellectual property claim results in, or in RealMed’s judgment is likely to result in, a preliminary or final judgment against the continued provision or use of any RealMed Services, RealMed will promptly, at its option and sole expense, either: (a) procure the right for the applicable RealMed Services to continue to be provided to Customer and used in accordance with these Required Terms; (b) replace, in whole or in part, as necessary to remove or avoid the infringement, the applicable RealMed Services with non-infringing, compatible, and reasonably equivalent (in terms of functionality, features, and performance) services or materials; or (c) modify the applicable RealMed Services so as to remove or avoid the infringement, without reducing the functionality, features, and performance thereof. If none of the foregoing remedies may be achieved on commercially reasonable terms, then RealMed may terminate these Required Terms and Customer’s rights to access and use the RealMed Services, upon notifying Customer thereof in writing. This paragraph sets forth Customer’s sole and exclusive remedy, and RealMed’s entire obligation and liability, for any claim that any RealMed Services violate or infringe upon the rights of any third party. 
  3. Third Party Licensors and Service Providers. Customer acknowledges and agrees that the provisions of these Required Terms are intended to inure to the benefit of RealMed’s third-party licensors and service-providers whose products and services are provided to Customer as part of, or in connection with, the RealMed Services provided hereunder. Both RealMed and any such third parties shall be entitled to enforce these Required Terms against Customer.
  4. Force Majeure. RealMed is not responsible for delay or failure to perform due to causes beyond its reasonable control.

Attachment 1

Medical Necessity Services Terms

In connection with the Medical Necessity Services to be provided by RealMed to Customer pursuant to the Required Terms, certain third-party software, associated data, data formats, and accompanying documentation, as described herein (collectively, the “Third Party Software”), may be provided to Customer.

Third Party Software related to the Medical Necessity Services is provided by a third-party supplier of RealMed’s and is protected by United States copyright law and by international treaty provisions. Any use of such Third Party Software in violation of copyright law or the Required Terms (including the terms set forth below) will be prosecuted to the full extent of the law. In addition to the other Required Terms, the following additional terms and conditions apply to such Third Party Software.

CPT five-digit codes, descriptions, and other data forming part of such Third Party Software are exclusively the property of the American Medical Association (“AMA”), and the AMA reserves all rights thereto. AMA assumes no liability for data contained or not contained therein. The Centers for Medicare and Medicaid Services (“CMS”) is solely responsible for the content of any “National Correct Coding Policy” included in such Third Party Software, and no endorsement by the AMA of such policy is intended or should be implied.

CPT codes, descriptions, and data are commercial technical data, computer databases, commercial computer software, and commercial computer software documentation, as applicable, which were developed exclusively at private expense by the American Medical Association, 515 North State Street, Chicago, IL, 60610. U.S. Government rights to use, modify, reproduce, release, perform, display, or disclose these technical data, computer data bases, computer software, and computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (June 1995),the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (June 1987), and the restricted rights provisions of FAR 52.227-14 (June 1987) and FAR 52.227-19 (June 1987), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.

RealMed and any Reseller disclaim any responsibility and liability for (a) any Third Party Software and third-party services provided in connection with, or as part of, the Medical Necessity Services or any other services, (b) any errors, defects, or deficiencies in any such Third Party Software or third-party services, and (c) any consequences attributable to, or related to, any use, nonuse, or interpretation of information contained in, or not contained in, any such Third Party Software or third-party services. Neither RealMed nor any Reseller warrants that any such Third Party Software or third-party services will meet Customer’s needs or requirements or that the operation of any such Third Party Software or third-party services will be uninterrupted or without error.