This Provider Agreement (the "Agreement") governs Provider's access to and use of the IHateCarAccidents.com platform (the "Platform") operated by IHCA LLC, a Florida limited liability company ("IHCA"). By creating an account, accepting these terms electronically, or otherwise using the Platform, Provider agrees to be bound by this Agreement.
"PHI" means Protected Health Information as defined under HIPAA (45 CFR §160.103).
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996, the HITECH Act of 2009, and their implementing regulations, as amended.
"Provider" means the licensed attorney, law firm, chiropractor, or chiropractic practice (and its authorized workforce members) accepting this Agreement.
"Referral" means a request created within the Platform by an attorney Provider directing a patient to a chiropractor Provider, including any documents subsequently uploaded.
"BAA" means the Business Associate Addendum set forth in Exhibit A to this Agreement.
Provider represents and warrants that:
Provider must notify IHCA in writing within five (5) business days of any change to the foregoing.
Provider may use the Platform solely:
Provider shall not use the Platform:
Before creating any Referral on the Platform that will involve PHI of a specific patient, the attorney Provider must:
By creating a Referral, the attorney Provider affirmatively represents that the foregoing authorization has been obtained and is on file. This representation is a material term of this Agreement.
The chiropractor Provider is entitled to rely on the attorney Provider's representation that a HIPAA-compliant authorization is on file. The chiropractor Provider remains responsible for compliance with its own HIPAA obligations as a Covered Entity, including verifying the scope of the authorization when reasonable doubt exists.
IHCA does not receive, store, or maintain copies of patient authorizations. The attorney Provider is the custodian of record for all patient authorizations.
Provider shall:
security@ihatecaraccidents.com of any suspected unauthorized access to or use of Provider's account or any PHI.IHCA shall:
The Platform is currently offered without charge to Providers. IHCA reserves the right to introduce fees in the future on at least thirty (30) days' prior written notice. Provider may cancel its account at any time before any new fee takes effect to avoid such fees.
Each party agrees to hold in confidence all non-public information disclosed by the other party that is marked confidential or reasonably should be understood to be confidential. This obligation does not apply to information that becomes publicly known through no fault of the receiving party, was already known to the receiving party, or is independently developed. Confidentiality obligations survive termination of this Agreement.
IHCA owns all right, title, and interest in and to the Platform, including all software, designs, trademarks, and content (other than PHI and Provider data). Provider owns all PHI and Provider data Provider submits to the Platform; Provider grants IHCA only the limited right to host, transmit, and process such data as necessary to provide the Platform.
This Agreement begins when Provider accepts it and continues until terminated.
Termination by Provider: Provider may close its account at any time. Account information will be deactivated immediately. Audit logs and PHI documents will be retained as required by HIPAA and this Agreement.
Termination by IHCA: IHCA may suspend or terminate Provider's account immediately upon any breach of this Agreement, evidence of unauthorized use, professional license loss, fraudulent activity, or any conduct IHCA reasonably believes endangers PHI or other users. IHCA may also terminate this Agreement for convenience on thirty (30) days' notice.
Effect of Termination: Upon termination, Provider's access to the Platform ceases. PHI documents previously uploaded remain in IHCA's encrypted storage for retention per the BAA and applicable law. Surviving provisions: Sections 4 (Patient Consent), 6 (IHCA Responsibilities, to the extent of retention), 8 (Confidentiality), 11 (Disclaimers), 12 (Liability), 13 (Indemnification), 14 (Dispute Resolution), and the BAA's surviving terms.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, IHCA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
IHCA IS A TECHNOLOGY PLATFORM AND IS NOT A LAW FIRM, MEDICAL PROVIDER, OR PROFESSIONAL ADVISOR. IHCA DOES NOT PROVIDE LEGAL OR MEDICAL ADVICE. IHCA DOES NOT REVIEW OR VALIDATE THE SUBSTANCE OF ANY PHI OR CORRESPONDENCE EXCHANGED ON THE PLATFORM. PROVIDER REMAINS SOLELY RESPONSIBLE FOR THE PROFESSIONAL SERVICES IT PROVIDES TO ITS CLIENTS OR PATIENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IHCA'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY PROVIDER TO IHCA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
IN NO EVENT WILL IHCA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS DO NOT APPLY TO: (I) DAMAGES ARISING FROM A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (II) A PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 13; OR (III) A PARTY'S INFRINGEMENT OF THE OTHER'S INTELLECTUAL PROPERTY RIGHTS.
Provider agrees to indemnify, defend, and hold harmless IHCA, its officers, employees, and contractors from and against any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to:
The parties will first attempt in good faith to resolve any dispute informally by written notice describing the dispute. The parties will negotiate in good faith for at least thirty (30) days before initiating any formal proceeding.
Any dispute not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator and held in Broward County, Florida, or by remote video at the arbitrator's discretion. The arbitrator's decision will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.
EACH PARTY WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION against the other. The arbitrator may not consolidate proceedings or claims of more than one Provider and may not preside over any form of representative or class proceeding.
Notwithstanding the foregoing, either party may:
This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. For any matter not subject to arbitration, the exclusive venue is the state and federal courts located in Broward County, Florida.
Assignment. Provider may not assign this Agreement without IHCA's written consent. IHCA may assign this Agreement to an affiliate or successor in connection with a corporate transaction.
Notices. Notices to IHCA must be sent to legal@ihatecaraccidents.com. Notices to Provider may be sent to the email associated with Provider's account.
Modification. IHCA may modify this Agreement on at least thirty (30) days' notice (or shorter notice if required by law). Continued use of the Platform after the effective date of a modification constitutes acceptance.
Severability. If any provision is held unenforceable, the remainder will continue in full force, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable.
Entire Agreement. This Agreement (including the BAA in Exhibit A) is the entire agreement between the parties regarding the Platform and supersedes prior agreements on the same subject.
No Waiver. Failure to enforce any provision is not a waiver.
Force Majeure. Neither party is liable for failures caused by events beyond reasonable control (natural disasters, war, government action, internet/utility outages).
This Business Associate Addendum is incorporated into the Provider Agreement and is required by HIPAA when Provider acts as a "Covered Entity" exchanging PHI with IHCA as a "Business Associate."
Capitalized terms used in this BAA have the meanings assigned in HIPAA, including 45 CFR §§160.103 and 164.501. "Provider" in this BAA refers to the Provider as a Covered Entity (typically the chiropractor; attorneys may not be Covered Entities themselves but may stand in the shoes of one when acting as the patient's personal representative for purposes of PHI disclosure).
IHCA may use and disclose PHI only:
IHCA shall not use or disclose PHI in a manner that would violate HIPAA if done by Provider.
IHCA shall implement and maintain administrative, physical, and technical safeguards reasonably designed to protect PHI, as detailed in IHCA's Security Policy. These include encryption of PHI at rest and in transit, role-based access controls, audit logging, workforce training, and vendor BAAs with sub-processors handling PHI.
IHCA shall report to Provider:
IHCA shall ensure that any sub-processor that creates, receives, maintains, or transmits PHI on IHCA's behalf agrees in writing to substantially the same restrictions and conditions that apply to IHCA under this BAA.
IHCA shall, within reasonable timeframes:
IHCA shall make its internal practices, books, and records relating to its use and disclosure of PHI available to the Secretary of HHS as required for determining Provider's compliance with HIPAA.
Upon termination of the Provider Agreement, IHCA shall, if feasible, return or destroy all PHI received from or created on behalf of Provider. If return or destruction is not feasible (for example, because of multi-tenant cloud storage retention or legal hold), IHCA shall extend the protections of this BAA to the PHI and limit further use to those purposes that make return or destruction infeasible.
This BAA is effective concurrently with the Provider Agreement and terminates with the Provider Agreement, except that Section A.8 (and any other provision intended to survive) survives termination.
Any ambiguity in this BAA shall be resolved to permit compliance with HIPAA.
legal@ihatecaraccidents.com — note that withdrawing acceptance will prevent further use of the Platform.
© 2026 IHCA LLC. All rights reserved.