Effective Date: May 29th, 2019
HEALTHMAP SOLUTIONS mission is to improve healthcare outcomes at a lower cost for populations suffering from chronic progressive diseases. HEALTHMAP SOLUTIONS provides a digital health platform to securely store, aggregate, and analyze claims and clinical data. HEALTHMAP SOLUTUONS allows you to upload additional claims and clinical data from health insurance carriers (like Medicare). This data may supplement data HEALTHMAP SOLUTIONS has previously collected from accountable care organizations, healthcare providers or insurance carriers of individuals who are enrolled in their health benefit plans. If you are a registered user of HEALTHMAP SOLUTIONS services and an enrollee in a plan provided by an insurance carrier with whom we have a relationship, we will make your Medical records and personal health data available to the insurer upon its request. We will also aggregate your healthcare data and clinical data enabling HEALTHMAP SOLUTUONS to provide services for management of chronic progressive diseases. We may receive processing fees from all such carriers in exchange for facilitating the delivery of information and services authorized under these Terms.
I. Introduction and Eligibility
These Terms include HEALTHMAP SOLUTIONS’s Privacy Statement, which is incorporated by reference into these Terms.
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the HEALTHMAP SOLUTIONS Services means you accept any changes.
Binding Agreement. These Terms constitute a binding agreement between you and HEALTHMAP SOLUTIONS, Inc. (“HEALTHMAP SOLUTIONS,” “we,” “us”). “You” and “users” shall mean all visitors and users of HEALTHMAP SOLUTIONS Services. You accept these Terms each time you access the HEALTHMAP SOLUTIONS Services. If you do not accept these Terms, you must not use HEALTHMAP SOLUTIONS Services.
Eligibility. HEALTHMAP SOLUTIONS Services are intended solely for persons who are 13 years of age or older who are residents of the United States. Any access to or use of HEALTHMAP SOLUTIONS Services by anyone under age 13 or anyone who is not a resident of the United States is expressly prohibited. By accessing or using HEALTHMAP SOLUTIONS Services, you represent and warrant that you are 13 years old or older and resident of the United States. Further, if you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the HEALTHMAP SOLUTIONS Service.
Revision to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them if you use HEALTHMAP SOLUTIONS Services. Your continued use of the HEALTHMAP SOLUTIONS Service after a change to these Terms constitutes your binding acceptance of these Terms.
II. HEALTHMAP SOLUTIONS Services
“HEALTHMAP SOLUTIONS Services” means any websites, applications, and other services under the control of HEALTHMAP SOLUTIONS, whether partial or otherwise, in connection with providing an online or digital platform to enable patient’s healthcare providers to collaborate with their HEALTMAP SOLUTIONS care team.
“Personal Information,” as used in these Terms, shall have the same meaning as defined in the HEALTHMAP SOLUTIONS Privacy Statement.
Medical Advice. HEALTHMAP SOLUTIONS does not give medical advice. The clinical guidelines and recommendations provided by HEALTHMAP SOLUTIONS, are based upon a review of currently available clinical information (including, but not limited to, clinical outcomes studies in peer-reviewed published medical literature, evidence-based guidelines of public health and health research agencies, evidence based guidelines and positions of leading national health professional organizations, views of physicians practicing in relevant clinical areas and other relevant medical and health care authorities)
They are intended to provide guidance for and recommendations to accountable care organizations and providers participating in Healthmap’s Kidney Health Management Program. The guidelines and recommendations cannot be considered inclusive of all proper methods of treatment or care, or exclusive of others. The guidelines and recommendations do not establish a standard of care and specific outcomes are not guaranteed.
The guidelines and recommendations cannot always account for individual variation among patients and are not intended to take the place of physician judgement in the diagnosis and treatment of particular patients. The ultimate determination regarding treatment decisions and application of the guidelines and recommendations must be made based on the independent clinical judgment of health care providers with full consideration of each patient’s individual circumstances, including the patient’s clinical history and physical status.
Healthmap reserves the right to revise the guidelines and recommendations as clinical information changes.
Permission to Use HEALTHMAP SOLUTIONS Services. We grant you permission to use HEALTHMAP SOLUTIONS Services subject to the restrictions in these Terms. Through HEALTHMAP SOLUTIONS Services, you can utilize tools and other features of HEALTHMAP SOLUTIONS Services to permit HEALTHMAP SOLUTIONS to organize and manage your health record and coordinate your care and share access to your health records with your healthcare providers at your discretion. Your use of HEALTHMAP SOLUTIONS Services is at your own risk, including the risk that content that you or others contribute to your health record is inaccurate or unreliable or that your records may be misused or misappropriated by someone with whom you provide access.
III. Your Account
Account Registration. In order to use HEALTHMAP SOLUTIONS Services, you must grant access to your healthcare data through the HEALTHMAP SOLUTIONS application. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Communications and Service Messages. You agree that we may communicate or provide notices to you in the following ways:
- By telephone number, mobile number, or mailing address you choose to provide us.
- Through other means including any email address, you choose to provide to us.
You agree to keep any contact information you provide to us up to date. You may adjust your communications preferences at any time.
V. Ownership and Use of Content on the HEALTHMAP SOLUTIONS Services
HEALTHMAP SOLUTIONS Content Ownership and Use. The contents of the HEALTHMAP SOLUTIONS Services include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “HEALTHMAP SOLUTIONS Content”). All HEALTHMAP SOLUTIONS Content and the compilation (meaning the collection, arrangement, and assembly) of all HEALTHMAP SOLUTIONS Content are the property of HEALTHMAP SOLUTIONS or its licensors and are protected under copyright, trademark, and other laws.
License Granted by You to HEALTHMAP SOLUTIONS. By making available any Records on or through the HEALTHMAP SOLUTIONS Services, you grant and agree to grant to HEALTHMAP SOLUTIONS a perpetual, non-exclusive license to use such Records (a) in order to provide the HEALTHMAP SOLUTIONS Services to you; (b) for statistical use (provided that such Records are not personally identifiable); and (c) as necessary to monitor and improve the HEALTHMAP SOLUTIONS Services.
License Granted by HEALTHMAP SOLUTIONS to You. We authorize you, subject to these Terms, to access and use the HEALTHMAP SOLUTIONS Services and the HEALTHMAP SOLUTIONS Content solely for your personal and non-commercial purposes, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the HEALTHMAP SOLUTIONS Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original HEALTHMAP SOLUTIONS Content on any copy you make of the HEALTHMAP SOLUTIONS Content.
HEALTHMAP SOLUTIONS Marks. HEALTHMAP SOLUTIONS, the HEALTHMAP SOLUTIONS logo, and other HEALTHMAP SOLUTIONS logos and product and service names are or may be trademarks of HEALTHMAP SOLUTIONS (the “HEALTHMAP SOLUTIONS Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the HEALTHMAP SOLUTIONS Marks.
Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the HEALTHMAP SOLUTIONS Services.
VI. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the HEALTHMAP SOLUTIONS Services infringe your copyright, you (or your agent) may send HEALTHMAP SOLUTIONS a “Notification of Claimed Infringement” requesting that the material be removed or that access to it be blocked. The notice must include the following information.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the HEALTHMAP SOLUTIONS Services are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow HEALTHMAP SOLUTIONS to locate the material on the HEALTHMAP SOLUTIONS Services;
- Your name, address, telephone number, and email address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send HEALTHMAP SOLUTIONS a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the HEALTHMAP SOLUTIONS Services should be sent to:
400 North Tampa Street Suite 1320
Tampa, Florida 33602
Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
VII. Suggestions and Submissions
We appreciate and welcome your comments and feedback regarding the HEALTHMAP SOLUTIONS Services. Please be advised that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
- Own, exclusively, all now known or later discovered rights to the creative ideas;
- Not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- Be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
VIII. Disclaimers, Limitations, and Prohibitions
We do not represent or guarantee the truthfulness, accuracy, or reliability of any content or Records provided by you or any other third party. You accept that any reliance on such materials will be at your own risk. You are solely responsible for the Records you provide. HEALTHMAP SOLUTIONS does not endorse or accept responsibility for any Records provided by you or other third parties on the HEALTHMAP SOLUTIONS Services. You assume all risks associated with your Records, including anyone’s reliance on their quality, accuracy, or reliability.
You agree to use the HEALTHMAP SOLUTIONS Services only for their intended purposes. You must use the HEALTHMAP SOLUTIONS Services in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the HEALTHMAP SOLUTIONS Services are prohibited. You may not:
- Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the HEALTHMAP SOLUTIONS Services, user accounts, or the technology and equipment supporting the HEALTHMAP SOLUTIONS Services;
- Frame or link to the HEALTHMAP SOLUTIONS Services without permission;
- Use data mining, robots, or other data gathering devices on or through the HEALTHMAP SOLUTIONS Services;
- Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- Post or disclose Personal Information about another person without their consent;
- Harass, threaten, stalk, abuse, or post objectionable content to another HEALTHMAP SOLUTIONS member;
- Sell, transfer, or assign any of your rights to use the HEALTHMAP SOLUTIONS Services to a third party without our express written consent;
- Use the HEALTHMAP SOLUTIONS Services or HEALTHMAP SOLUTIONS Content for any commercial purpose or in any manner not permitted by these Terms;
- Use the HEALTHMAP SOLUTIONS Services in an illegal way or to commit an illegal act in relation to the HEALTHMAP SOLUTIONS Services or that otherwise results in fines, penalties, and other liability to HEALTHMAP SOLUTIONS or others;
- Access the HEALTHMAP SOLUTIONS Services from a jurisdiction where it is illegal or unauthorized; or
- Encourage or enable any other individual to do any of the above.
IX. Account Termination, Removal of Records, and Consequences of Violating These Terms
Account Termination. We reserve the right to suspend or terminate your account and prevent access to the HEALTHMAP SOLUTIONS Services for any reason, at our discretion. We reserve the right to refuse to provide the HEALTHMAP SOLUTIONS Services to you in the future.
Removal of Records. HEALTHMAP SOLUTIONS may review and remove any Records at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the HEALTHMAP SOLUTIONS Services.
Your Liability for Breach of these Terms. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by, arising out of, or related to your breach of these Terms and your use of the HEALTHMAP SOLUTIONS Services.
X. HEALTHMAP SOLUTIONS’s Liability
Changes to the HEALTHMAP SOLUTIONS Services. We may change, suspend, or discontinue any aspect of the HEALTHMAP SOLUTIONS Services at any time, including hours of operation or availability of the HEALTHMAP SOLUTIONS Services or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the HEALTHMAP SOLUTIONS Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release HEALTHMAP SOLUTIONS of all claims, demands, and damages in disputes among users of the HEALTHMAP SOLUTIONS Services. You also agree not to involve us in such disputes. Use caution and common sense when using the HEALTHMAP SOLUTIONS Services.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the HEALTHMAP SOLUTIONS Services. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the HEALTHMAP SOLUTIONS Services. Use the HEALTHMAP SOLUTIONS Services at your own risk.
Third-Party Websites. The HEALTHMAP SOLUTIONS Services may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Released Parties Defined. “Released Parties” include HEALTHMAP SOLUTIONS LLC, HEALTHMAP SOLUTIONS, Inc., and their affiliates, officers, employees, agents, partners, and licensors.
We make no promises and disclaim all liability of specific results from the use of the HEALTHMAP SOLUTIONS Services.
A. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE HEALTHMAP SOLUTIONS SERVICES IS AT YOUR SOLE RISK, AND THE HEALTHMAP SOLUTIONS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE HEALTHMAP SOLUTIONS SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE HEALTHMAP SOLUTIONS SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE HEALTHMAP SOLUTIONS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HEALTHMAP SOLUTIONS SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE HEALTHMAP SOLUTIONS SERVICES WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE HEALTHMAP SOLUTIONS SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HEALTHMAP SOLUTIONS SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HEALTHMAP SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE HEALTHMAP SOLUTIONS SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON OR THROUGH THE HEALTHMAP SOLUTIONS SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE HEALTHMAP SOLUTIONS SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE HEALTHMAP SOLUTIONS SERVICES OR YOUR USE OF HEALTHMAP SOLUTIONS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging, arising out of, or related to (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any HEALTHMAP SOLUTIONS Content, or (iii) your breach of these Terms, including but not limited to any breach of your duty to maintain the confidentiality and integrity of shared Records and to use or disclose such shared Records only as authorized by their owner. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XI. General Terms
These Terms constitute the entire agreement between you and HEALTHMAP SOLUTIONS concerning your use of the HEALTHMAP SOLUTIONS Services. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect. The English-language versions of the Terms and incorporated agreements, such as the Privacy Statement, contain the binding terms, and any translations into other languages are for convenience only. If the English-language version conflicts with any translation, the English-language version controls.
XII. Arbitration, Class Waiver, and Waiver of Jury Trial
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the HEALTHMAP SOLUTIONS Services or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.