TERMS AND CONDITIONS OF USE – STORAGE AND SHARING
These Terms and Conditions of Use are applicable to your use of the CompumedHealth Compumed system (“Site”). By accessing the Site, you are agreeing to be bound by all of the Terms and Conditions of Use herein. This Site is for you to store and share certain health information and records and for no other purpose. Do not rely on the Site as the sole repository of your health information and records. It is recommended you keep one or more copies of your health information in another location.
The term “Content” applies to any data, material or information of any type on this Site, as well as data, material and information provided by you, a healthcare provider or third parties. Where applicable, the Content on this Site is subject to the following disclaimer: These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent disease. The terms “you” and “your” apply to those utilizing this Site for their personal health information and health information of those for whom they have legal authority, such as in the capacity of a parent, guardian or healthcare provider with legal authorization from his or her patient. The term “Personal Health Information” applies to your personal health information and health records and related data and documentation or of those over whom you have legal authority. Personal Health Information also includes certain individually identifiable health information as defined by the Health Insurance Portability and Accountability Act of 1996 and other related healthcare policies (“HIPAA”), which is also referred to as protected health information.
CompumedHealth (hereinafter, the “Company”) will provide you with access to the Site for the purpose of learning about the Company and its products and services. By providing this access, the Company is acting as an online information provider only. By accessing this Site you are certifying that you are the patient who is the subject of the Personal Health Information that you are accessing, that you are an individual who is at least 18 years old, or if you are under 18 years of age you are emancipated or otherwise eligible to provide the authorization you are giving herein, or you are the legally authorized representative if the patient is otherwise unable to consent to the authorization provided herein, and that you are a resident of the United States or one of its territories and you are only using this Site for storage and sharing of Personal Health Information. Access to the Site is only intended from within the United States or one of its territories. No identifying information about any person under the age of 18 should be included in any submission or e-mail to the Site. By accessing this Site you certify that only you will use your account credentials, that you will keep your account credentials confidential, that you will not allow others to use your account credentials and that you will immediately inform us if you discover or suspect any misuse of your account, your account credentials or this Site.
THIS SITE IS NOT A REPLACEMENT FOR MEDICAL ADVICE
You acknowledge the Site is not intended to replace medical advice from a qualified healthcare provider. This Site does not provide medical or healthcare advice, diagnosis or treatment. By accessing this Site you certify that you will seek advice from your healthcare provider for any questions you may have and that you will not disregard or delay seeking such advice from your healthcare provider because of your use of this Site.
THIS IS A CONTRACT
PATIENT: YOUR AUTHORIZATION
If you are a patient, or the legal representative of a patient, by using this Site you are authorizing the use and disclosure of your Personal Health Information as provided by HIPAA and that such use or disclosure may facilitate treatment, payment (when applicable) or healthcare operations in rendering services to you which may further the provision, coordination, or management of healthcare and related services among healthcare providers or by a healthcare provider with a third party, consultation between healthcare providers regarding you, or the referral of you from one healthcare provider to another. By accessing and using the Site you are consenting to this use and disclosure of your Personal Health Information by those with whom you share your Personal Health Information and you acknowledge and agree that your Personal Health Information can and may be copied, displayed, used and distributed, which may include a healthcare provider further disclosing your Personal Health Information without your knowledge, as allowed by HIPAA. Notwithstanding the foregoing, the Content you store and share on this Site should be viewed as informational only and should not be used for diagnosis or treatment. The Company does not claim any ownership of your Personal Health Information, nor does the Company verify, endorse or control your Personal Health Information or the Content that you or others make available on this Site.
PROVIDER: PATIENT CONFIDENTIALITY
If you are a healthcare provider, you shall comply with all applicable legal, ethical, and moral obligations for medical care providers to protect sensitive information that relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual. You represent and warrant that in your use of the Site, you will not use or disclose any of the information described in the preceding sentence in a manner that would violate the requirements of any state or federal law in the United States, including, but not limited to, the provisions of the regulations promulgated by the United States Secretary of Health and Human Services under the authority of HIPAA.
RIGHT TO REVOKE ACCESS
You have the right to revoke the authorization you are providing herein at any time by changing your settings in the Site to revoke authorization to a particular individual healthcare provider or group or by requesting in the system to have any or all of your Personal Health Information, as selected, removed or deleted from the Site.
EXPIRATION OF AUTHORIZATION
Your authorization provided herein will be effective until you either remove or delete your Personal Health Information or request your Personal Health Information to be removed or deleted, or if you revoke your authorization to any particular individual, healthcare provider or group whereby in such event your authorization shall expire as to that particular individual, healthcare provider or group.
INTELLECTUAL PROPERTY/PERMITTED USE
All information and Content on the Site is protected by copyright, trademark, service mark, patent or other proprietary rights or laws, unless otherwise denoted. Without the Company’s or the appropriate Content provider’s permission, download, copy, modify, reproduce, display, or prepare derivative works based upon the Content of the Site. Any reproduction, except for your personal, non-commercial use, or republication, distribution, assignment, sublicense, sale or creation of derivative works, of all or any portion of the Content from the Site without the express written permission of the Company or the Content provider is expressly prohibited. You may not copy, post, or upload any of the Company’s Content to an Internet website, any public or private bulletin board system, or any other electronic network or Internet service, nor may you post any links between the Site and/or any Content thereon, to any other website or location. You understand and agree that the Content and information available on the Site may contain valuable proprietary rights and that the unauthorized, unlicensed or prohibited disclosure, distribution, copying or use of any kind of this Content and information (“Unauthorized Use”) could result in substantial and irreparable harm to the Company. Any Unauthorized Use by you shall be deemed an infringement of the rights of the Company and shall constitute damage to the Company, including, but not limited to its reputation and good will. You agree to be fully responsible for the consequences of any Unauthorized Use by you or anyone acting on your behalf, including, but not limited to civil liability and/or criminal prosecution. Notwithstanding any and all other remedies, you agree that the Company shall be entitled as a matter of right, and without notice, to equitable relief by way of injunction or otherwise, in the event of any Unauthorized Use by you. You expressly acknowledge the Company’s proprietary rights, including any and all copyrights and trademarks, in the Site (“Company’s Proprietary Rights”). The Company’s Proprietary Rights include the structure, sequence, organization and look and feel of the Site and/or the Content, as well as the selection, arrangement and display of facts within the Content. You agree not to infringe the applicable copyrights or trademarks, if any, protecting the Company’s Proprietary Rights. You expressly agree to indemnify the Company for any and all costs and expenses (including reasonable attorneys’ fees) related to any legal proceedings brought by or against you with respect to the Company’s Proprietary Rights. All rights not expressly granted herein are reserved.
You certify that the Content you provide and share will consist of only your Personal Health Information, will comply with all federal, state and local laws and regulations; not hard or disrupt the Site or another’s computer system; not defame, defraud, cause harm to, or violate the privacy rights of another person or entity. The Company retains the right to block or remove any Content or communication in order to protect the Site, protect others or prevent breach of these Terms and Conditions of Use.
NO LINKING OR FRAMING PERMITTED
You will not establish or attempt to establish a link between the Site (or any Content on the Site) and any other website, or permit anyone else to establish or attempt to establish a link, either to the home page or to any other page of the Site. You will not frame or attempt to frame any page or portion of the Site.
LINKS TO THIRD PARTIES
CHANGES TO SERVICES
The Company may change, revise or delete services or features to the Site at any time for any reason, including the time your Personal Health Information is retained. We will notify you of any changes.
DISCLAIMER OF WARRANTIES
The Company does not warrant or make any representations regarding the operation of the Site, the use, validity, or the results of the use of the information or Content on the Site, the products or services obtained through this Site or any other websites linked to the Site, or any transactions entered into through the Site. You use any and all Content at your own risk. The Company is not responsible for any errors or omissions or for the results obtained from the use of any information and/or Content provided on the Site. The Company does not guarantee that the Site, software, materials, or products will be uninterrupted, timely, secure or free of errors, or that any defects in the Site, software, materials or products will be corrected. Although it takes reasonable steps to prevent such problems, the Company cannot guarantee or warrant that the Content, information or files available on or for downloading from the Site will be free from infection, corruption, viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties. You understand and agree that any Content, files or information downloaded or otherwise obtained through the use of this Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download and/or use of such Content, files or information. While measures are in place to provide security, no guarantee can be made that your Personal Health Information will not be accessed by other nor can the Company prevent all possible misuse of the Site or your Personal Health Information and you acknowledge by accessing and using this Site that the possibility may arise that another party could misuse the Site or access, use or disclose your Personal Health Information without the permission of you or the Company. THE SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING THE ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you and you are advised to check your state law.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF THE COMPANY HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION AN INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDNG NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THE COMPANY’S SERVICE, USE OR THE INABILITY TO USE THE SITE AND/OR ANY CONTENT OR OTHER GOODS OR SERVICES PROVIDED, LICENSED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, INCLUDING, BUT NOT LIMITED TO PHYSICAL OR EMOTIONAL HARM, FINANCIAL LOSS OR THE LOSS OF ANTICIPATED PROFITS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
The Company may terminate this agreement, with or without cause, at any time, with or without notice, and without penalty. In the event your account is cancelled or terminated, you will no longer have access to your Personal Health Information and your Personal Health Information will be permanently deleted from the Site, which may be irretrievable. You acknowledge that you will save a backup of your Personal Health Information.
FREE SUBSCRIPTION – SIXTY (60) DAY TERM
Any Content you store on this Site and your Personal Health Information will be available to you for a period of 60 days unless you delete such data sooner or either you or your healthcare provider subscribe for a premium subscription. After 60 days your Content and your Personal Health Information will automatically be deleted from the Site permanently and will no longer appear in your account. If you do not wish your data to be deleted, you are welcome to subscribe for a premium subscription. As noted earlier, the Company recommends that you save a backup of your Personal Health Information and any Content you wish to keep and you acknowledged above that you will save a backup of such data.
You or your healthcare provider may subscribe for a premium subscription to have your Content and Personal Health Information stored and available and subject to the full functionality of Compumed beyond the initial 60 day period on an ongoing monthly basis subject to an applicable subscription fee. If the subscription fee for a premium subscription is not paid, the premium subscription will automatically be converted into a free subscription whereby Content and Personal Health Information will be permanently deleted from the system in 60 days. The Company recommends that you save a backup of your Personal Health Information and any Content you wish to keep and you acknowledged above that you will save a backup of such data.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions of Use shall be governed by and construed under the laws of the State of California without reference to conflict of law principles. These Terms and Conditions of Use are deemed entered into in San Diego County, California. All disputes arising out of or related to these Terms and Conditions of Use, the services or Site shall be subject to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
This is the entire agreement between the parties relating to the subject matter hereof together with any other agreements, consents or authorizations you provide us by using the Site, each of which is incorporated herein by this reference. The waiver or breach of any term hereof shall in no way be construed as a waiver of any other term or breach thereof. If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement shall remain in full force and effect. THE USE OF THE CONTENT AVAILABLE THROUGH THIS SITE IS SUBJECT TO THE FOREGOING TERMS AND CONDITIONS OF USE. BY SUBMITTING INFORMATION TO, OR ACCESSING INFORMATION FROM, THE SITE, YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS OF USE, NOTWITHSTANDING ANY LICENSE AGREEMENTS INTO WHICH YOU MAY SEPARATELY ENTER. THESE TERMS AND CONDITIONS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, DO NOT SUBMIT INFORMATION TO, OR ACCESS INFORMATION FROM, THE SITE. The Terms and Conditions of Use (as changed from time to time as provided herein) shall apply each time you visit the Site.