TERMS AND CONDITIONS

Terms of Use

The following terms, conditions and notices (“Terms and Conditions”) govern your use of the World Wide Web Site located at www.amcreceivables.com (this “website”). By accessing, viewing, or using the content, material, or services available on or through this website, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this website and must exit immediately.

The website, www.amcreceivables.com, has been prepared solely for the purpose of providing information about AMC RECEIVABLE MANAGEMENT CORPORATION (“AMC”), its subsidiaries, successors and/or assigns and the products and services offered by the company.

Copyright and Other Proprietary Information

All rights reserved.

AMC also owns a copyright in the website as a collective work and/or compilation. Permission is granted to download and print materials from this website only for the purpose of viewing, reading, and retaining for reference the materials for personal, non-commercial purposes. Any other copying, distribution, or modification of or preparation of derivative works based upon, or any framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, this website or any materials on this site, whether in electronic or hard copy form, without the express prior written permission of AMC, is strictly prohibited. Removing or altering any copyright notice or any other proprietary notice on any website materials is strictly prohibited.

All names, trademarks, service marks, symbols, slogans, and logos appearing on the website are proprietary to AMC, its subsidiaries and/or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.

By transmitting any information, data, material, or other content (collectively, “Information”) to AMC you automatically grant AMC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Information (in whole or part) throughout the universe and to incorporate such in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Information(s). Further, AMC is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any communications you send to this website for any purpose whatever, including, but not limited to, creating and marketing products, information, or services using such Information. If you are sending an email to AMC, you are giving us express permission to communicate with you via email at any time.

Website Use

This Privacy Notice addresses AMC’S practices regarding information collected only directly through or from its website – it does not address or govern any information gathering, use, or dissemination practices related to information collected other than directly through or from its website, including, without limitation, from or via telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media.

Information of a personal nature contained in e-mail sent by individuals may be used by AMC to answer questions, follow-up on suggestions or complaints, process requests or transactions, or improve the level of service AMC provides.

AMC may share personally identifiable information obtained on its website with any company or marketing group internal to AMC and its subsidiaries. Except as provided below, AMC does not share any personally identifiable information obtained on its website with or sell information obtained on this website to any company or marketing group external to AMC and its subsidiaries. AMC may, however, share aggregate information with other persons or entities for purposes determined by AMC to be appropriate.

AMC may disclose identifiable information (i) to another entity with which AMC enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, (ii) to a third party pursuant to a subpoena, court order, or other form of legal process or in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or (iii) to a third party if determined by AMC in its sole judgment that such disclosure is appropriate to protect the life, health, or property of AMC or any other person or entity. (The foregoing is not intended to obviate or displace any legal obligations or duties applicable to AMC.)

Except as necessary for AMC to provide the services, information, or products requested by a website user, or except for the disclosures identified in the preceding paragraph, the user may opt out of having his or her personally identifiable information, which has been voluntarily provided to AMC through or from its website, prospectively retained by AMC, used by AMC for secondary purposes, or disclosed by AMC to third parties, by contacting AMC via postal mail at the address set out below.

Although AMC may undertake efforts to see that another party to which AMC shares personal information is under a contractual obligation to use the personal information solely for the purposes for which the information was disclosed by AMC, please be advised that AMC exercises no control over such parties and AMC is not responsible for their conduct, actions, omissions, or information handling or dissemination practices.

E-mail posted or sent through this website may not be secure against interception by unauthorized individuals. Therefore, if you are communicating with AMC regarding a debt that has been placed for collection with AMC, all correspondence regarding that account should be sent by U.S. Postal Service or by phone. Be sure to include your name, your mailing address, the AMC account number, creditor name, and creditor account number so that we may process your inquiry and respond promptly. Without complete information, we will be unable to respond to your request.

AMC’S WEB SITE MAY CONTAIN LINKS TO NON-AMC SITES. THESE LINKS ARE PROVIDED TO YOU ONLY AS A CONVENIENCE. SUCH LINKED SITES ARE NOT UNDER THE CONTROL OF AMC, AND AMC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY AMC OF THE SITE, AND AMC SHALL HAVE NO RESPONSIBILITY FOR INFORMATION WHICH IS REFERENCED BY OR LINKED TO THIS WEB SITE. FURTHER, WHEN USERS FOLLOW A LINK TO AN OUTSDIE WEB SITE, THEY ARE LEAVING AMC’S WEB SITE AND ARE SUBJECT TO THE PRIVACY AND SECURITY POLICIES OF THE OWNERS/SPONSORS OF THE OURSIDE WEB SITE(S). AMC IS NOT RESPONSIBLE FOR THE INFORMATION COLLECTION PRACTICES OF NON-AMC SITES.

Governing Law and Jurisdiction

These Terms and Conditions, including, without limitation, the Privacy Notice, represent the entire agreement between you and AMC with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the Indiana, without reference to its conflict of law rules; provided, however, that the terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws shall not apply except to the extent that the law expressly prohibits alteration by these terms and conditions of the applicability of one or more sections of the law.

Your Rights Concerning Personal Health Information

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

This notice is to inform you how AMC protects the confidentiality of your health care information in our possession, if any. Protected Health Information (PHI) is defined as any individually identifiable information regarding a patient’s health care history; mental or physical condition; or treatment. Some examples of PHI include your name, address, telephone and/or fax number, electronic mail address, social security number or other identification number, date of birth, date of treatment, treatment records, x-rays, enrollment and claims records. AMC, in the course of its business, may use and disclose your PHI to process and/or prosecute claims or for any other purpose, however, all disclosures shall only be as permitted or required by law.

We will follow the privacy practices that are described in this notice, but also comply with any stricter requirements under federal or state law that may apply. However, we may change this notice and make the new notice effective for all of your PHI that we maintain.

Permitted Uses and Disclosures of Your PHI 
We are permitted to use or disclose your PHI without your prior authorization for the following purposes. These permitted uses and/or disclosures include disclosures to you, uses and/or disclosures for purposes payment of claims and bills, billing of insurance companies and other health care operations. If your benefit plan is sponsored by your employer or another party, we may provide PHI to your employer or that sponsor for purposes of administering your benefits. We may disclose PHI to third parties that perform services for AMC in the administration of your benefits. These parties are required by law to sign a contract agreeing to protect the confidentiality of your PHI. Your PHI may be disclosed to an affiliate that performs services for AMC in the administration of your benefits. These affiliates have implemented privacy policies and procedures and comply with applicable federal and state law.

We use administrative, technical, and physical safeguards to maintain the privacy of your PHI, and we must limit the use and/or disclosure of your PHI to the minimum amount necessary to accomplish the purpose of the use and/or disclosure.

Disclosures Without an Authorization
We are required to disclose your PHI to you or your authorized personal representative (with certain exceptions), when required by the U. S. Secretary of Health and Human Services to investigate or determine our compliance with law, and when otherwise required by law. AMC may disclose your PHI without your prior authorization in response to the following:

  • Court order;
  • Order of a board, commission, or administrative agency for purposes of adjudication pursuant to its lawful authority;
  • Subpoena in a civil action;
  • Investigative subpoena of a government board, commission, or agency;
  • Subpoena in an arbitration;
  • Law enforcement search warrant; or
  • Coroner’s request during investigations

Disclosures AMC Makes With Your Authorization
AMC will not use or disclose your PHI without your prior authorization if the law requires your authorization. You can later revoke that authorization in writing to stop any future use and disclosure. The authorization will be obtained from you by AMC or by a person requesting your PHI from AMC.

Your Rights Regarding PHI 
You have the right to request an inspection of and obtain a copy of your PHI. You may access your PHI by contacting the appropriate AMC office. You must include (1) your name, address, telephone number and identification number and (2) the PHI you are requesting. AMC may charge a reasonable fee for providing you copies of your PHI. AMC will only maintain that PHI that we obtain or utilize in providing your health care benefits. You may need to contact your health care provider to obtain PHI that AMC does not possess.

You may not inspect or copy PHI compiled in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding, or PHI that is otherwise not subject to disclosure under federal or state law. In some circumstances, you may have a right to have this decision reviewed. Please contact the privacy office as noted below if you have questions about access to your PHI.

You have the right to request a restriction of your PHI. You have the right to ask that we limit how we use and disclose your PHI. We will consider your request but are not legally required to accept it. If we accept your request, we will put any limits in writing and abide by them except in emergency situations. You may not limit the uses and disclosures that we are legally required or allowed to make.

You have the right to correct or update your PHI. This means that you may request an amendment of PHI about you for as long as we maintain this information. In certain cases we may deny your request for an amendment. If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal. If your PHI was sent to us by another, we may refer you to that person to amend your PHI. For example, we may refer you to your dentist to amend your treatment chart or to your employer, if applicable, to amend your enrollment information. Please contact the privacy office as noted below if you have questions about amending your PHI.

You have the right to request or receive confidential communications from us by alternative means or at a different address. We will agree to a reasonable request if you tell us that disclosure of your PHI could endanger you. You may be required to provide us with a statement of possible danger, a different address or another method of contact or information as to how payment will be handled. Please make this request in writing to the privacy office as noted below.

You have the right to receive an accounting of certain disclosures we have made, if any, of your PHI. This right does not apply to disclosures for purposes of treatment, payment, or health care operations or for information we disclosed after we received a valid authorization from you. Additionally, we do not need to account for disclosures made to you, to family members or friends involved in your care, or for notification purposes. We do not need to account for disclosures made for national security reasons or certain law enforcement purposes, disclosures made as part of a limited data set, incidental disclosures, or disclosures made prior to April 14, 2003. Please contact the privacy office as noted below if you would like to receive an accounting of disclosures or if you have questions about this right.