Please read these Terms of Service ("Terms") carefully before using the Services provided by MedErase Inc. ("MedErase," "we," "us," or "our"). By accessing our website at www.mederase.com or engaging our Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.
1. Description of Services
MedErase provides medical bill review, negotiation, and advocacy services. Our Services may include, depending on your case:
Requesting and reviewing your itemized medical bills, Explanation of Benefits (EOB) documents, and medical records; auditing medical bills for coding errors, duplicate charges, and other billing irregularities; screening for hospital financial assistance (charity care) eligibility under IRS Section 501(r); submitting charity care applications and appeals on your behalf; filing formal written disputes with healthcare providers and collection agencies; filing insurance claim appeals and external review requests; asserting rights under the No Surprises Act and other applicable federal and state laws; negotiating with healthcare providers, insurers, and collection agencies to reduce the amount you owe; and providing written analysis reports and settlement documentation.
MedErase is not a law firm and does not provide legal advice. Our Services are advocacy and negotiation services. If your situation requires legal representation, we will advise you accordingly.
2. Client Authorization
By engaging our Services, you authorize MedErase to:
Contact your healthcare providers, hospitals, insurance companies, and collection agencies on your behalf; request your medical records, itemized bills, and related documentation; submit disputes, appeals, applications, and other correspondence on your behalf; negotiate payment terms and settlement amounts on your behalf; and take other actions reasonably necessary to perform the Services.
This authorization remains in effect until you provide written notice of revocation or until your case is closed. Revocation of authorization may limit our ability to complete Services already in progress.
3. Fees and Payment
3.1 Fee Structure
For certain service tiers, a refundable retainer deposit may be required at engagement. The deposit is applied toward our success fee and is refunded in full if we do not achieve savings on your account.
3.2 Definition of Savings
"Savings" means the difference between the original amount billed (as reflected on the most recent billing statement or collection notice at the time of engagement) and the final amount paid or accepted as full satisfaction of the account, including amounts reduced through charity care, billing error correction, insurance reprocessing, and direct negotiation.
3.3 Payment Terms
Fees are due upon achievement of the negotiated outcome and prior to or concurrent with any payment to the healthcare provider. We will provide you with a written statement of savings achieved and fees owed before requesting payment. Payment may be made by credit card, ACH transfer, or other methods as specified at engagement.
3.4 No Savings, No Fee
If MedErase is unable to achieve any reduction in your medical bill despite reasonable efforts, you owe no service fee. Any retainer deposit paid will be refunded in full. Circumstances outside our control — including a provider's refusal to negotiate, a hospital's determination that you do not qualify for financial assistance, or a bill that is already at or below Medicare rates — may limit achievable savings. We will advise you if we determine that the potential for savings is limited.
4. Client Obligations
You agree to:
Provide accurate and complete information. The accuracy of our Services depends on the completeness of the information you provide. You represent that all documents, records, and information you provide to MedErase are accurate and complete to the best of your knowledge.
Cooperate with our process. Respond promptly to requests for additional documents or information. Some of our work has time-sensitive deadlines (particularly insurance appeals and No Surprises Act disputes) and delays in providing requested information may limit available options.
Not independently contact providers without notice. Once you have engaged MedErase, please notify us before independently contacting your healthcare provider, insurer, or collection agency regarding the subject bill, as this may affect our ability to negotiate on your behalf.
Not make payments without authorization. Do not make payments on the subject bill without first consulting with MedErase, as payments may affect negotiated settlement terms or waive certain legal rights.
Provide truthful information for financial assistance applications. If you authorize us to apply for charity care or financial assistance on your behalf, you represent that all income, household size, and financial information provided is accurate. Misrepresentation on financial assistance applications may constitute fraud.
5. Disclaimer of Warranties
MedErase provides its Services on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the Services, including but not limited to:
Any guarantee of a specific outcome, savings amount, or percentage reduction. Results vary by case and depend on factors outside our control, including the specific billing errors present, the provider's willingness to negotiate, your eligibility for financial assistance programs, and applicable law.
Any guarantee that disputed charges will be accepted or that filed appeals will be successful. Healthcare providers and insurers retain the right to deny disputes and appeals.
Any guarantee that collection activity will cease or that credit reporting will be corrected, as these outcomes depend in part on third-party compliance with applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDERASE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDERASE'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO MEDERASE IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL MEDERASE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, EVEN IF MEDERASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.
7. Confidentiality
MedErase treats all client information as strictly confidential. We will not disclose your personal, medical, or financial information to third parties except as described in our Privacy Policy, as authorized by you, or as required by law. Our handling of Protected Health Information is governed by our Notice of Privacy Practices and applicable HIPAA Business Associate requirements.
8. Intellectual Property
The MedErase website, including all content, features, and functionality (including text, graphics, logos, icons, images, and software), is owned by MedErase Inc. and is protected by applicable copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from our website without our prior written consent.
The written reports, analysis documents, and correspondence we prepare on your behalf in connection with your case are provided for your personal use in connection with your medical bill matter and may not be resold or commercially exploited.
9. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any dispute arising from or relating to these Terms or our Services shall be resolved exclusively in the state or federal courts located in Orange County, California, and you consent to personal jurisdiction in those courts.
Before initiating any legal proceeding, you agree to provide MedErase with written notice of the dispute and a reasonable opportunity (no less than 30 days) to resolve it informally.
10. Modification of Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a revised "Last Updated" date. Your continued use of our Services following the posting of changes constitutes your acceptance of the revised Terms. If you disagree with the changes, your sole remedy is to discontinue using our Services.
11. Termination
Either party may terminate the Services at any time by providing written notice. Upon termination by you, you are responsible for fees earned by MedErase for savings already achieved prior to the termination date. Upon termination, MedErase will promptly return or destroy your documents as you direct, subject to applicable legal retention requirements.
MedErase reserves the right to terminate or suspend Services if you breach these Terms, provide fraudulent or materially inaccurate information, or engage in conduct that, in our reasonable judgment, is harmful to MedErase or third parties.
12. General
Entire Agreement. These Terms, together with the Client Services Agreement and our Privacy Policy, constitute the entire agreement between you and MedErase with respect to the Services and supersede all prior agreements.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
Waiver. Failure by MedErase to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. MedErase may assign these Terms in connection with a merger, acquisition, or sale of assets.
13. Contact
Questions about these Terms should be directed to:
MedErase Inc.
3333 Michelson Drive, Irvine, CA 92612
Email: legal@mederase.com
Phone: +1 (877) 512-0293