Terms and Conditions of Use Agreement
Terms and Conditions of Use.
Welcome to the Cleveland HeartLab Web Portal (“Portal”). Please read the following Terms and Conditions of Use (the “Terms”) carefully before using the Portal as the Terms govern your use of the Portal. Your access and use of the Portal is subject to compliance with any and all requirements, regulations, guidelines and standards of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as well as all other applicable laws or agreements (the “Privacy and Security Laws”). These Terms may be updated by us from time to time without notice to you. By indicating “I Agree” at the bottom of the page and accessing and using the Portal, you accept and acknowledge, without limitation or qualification, that you have read the Terms and agree to comply with the Terms, any and all Privacy and Security Laws, requirements, regulations, guidelines, standards and/or other applicable laws or agreements.
You acknowledge and understand that the information that will be posted or accessed through the Portal is strictly confidential and contains protected patient health related information that is confidential and that compliance with any and all Privacy and Security Laws is necessary. You must maintain compliance with any and all Privacy and Security Laws requirements, regulations, guidelines and standards while accessing, viewing, printing or downloading any and all information from the Portal. You will use the Portal for legitimate professional reasons, or, if you are a patient, for your own personal use. For Physicians and Clinics you may only use or download patient information contained on the Portal for the following purposes and only to the extent permissible under all applicable laws regarding the privacy of patient information: (i) for treatment of those patients under your care; (ii) to conduct your business operations; and (iii) to comply with the laws that govern health care. You will only access information on the Portal to review patient records when you are permitted by the Privacy and Security Laws, as well as all other applicable laws or agreements, have the requisite patient’s consent, or other appropriate authorization to do so. By accessing a patient’s record, you are affirmatively representing at the time of each access that you are permitted by such Privacy and Security Laws, have the requisite patient consent, or other authorization, to do so. By accepting these Terms, you will be bound by the following:
- I understand that information created, stored and processed in the Portal may be protected by law;
- I will protect the privacy of any and all patient information at all times;
- I will use the access granted to me for business, or as the patient, personal, purposes only;
- I will only request and access information of a patient for which I have appropriate authorization to do so;
- I will search for a patient based only on the patient’s first name, last name, date of birth, address and primary insurance account number;
- I will keep my unique and individually chosen UserID and password secret and not use the UserID and password of another. I will change my password immediately if I become aware that another person has knowledge of my password;
- I will not add, modify, or otherwise alter the system or the Portal in any way;
- I will not create, download, transfer or email content through the Portal that is, or may be construed as, offensive or discriminatory to others;
- I will logoff the system when I am not am using the Portal, when I am away from my workstation, or when I no longer have an immediate need for access to the Portal;
- I will notify Cleveland HeartLab immediately if I am no longer employed by or affiliated with the institution or entity under which I have access to the Portal, and I understand that as a result of such notification to Cleveland HeartLab, my access to the Portal may be immediately terminated;
- I accept full responsibility for my actions and for any actions taken on or through the Portal under my UserID and password;
- I will not attempt to gain unauthorized access to any other accounts, patient records, or to material that I do not have authorization to review. I will not use the Portal in such a manner that violates any laws (including but not limited to copyright, trademark, or other laws), for any illegal or unauthorized purpose;
- I will not pass on information obtained from the Portal to other parties unless authorized by the patient, as needed to provide patient care, or as otherwise authorized under applicable law. If I do forward information, the information will be forwarded in a secure manner in compliance with any and all Privacy and Security Laws and any other applicable law or agreement;
- I acknowledge my use of the Portal may be audited; and
- I will immediately report any inappropriate access, suspicious activity, or actual or suspected breach in security or privacy to Cleveland HeartLab, Inc. at 866.358.9828 or email@example.com.
Termination of Use.
Disclaimer and Limitation of Liability.
THE SERVICES PROVIDED AND THE INFORMATION CONTAINED ON THE PORTAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. CLEVELAND HEARTLAB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PORTAL OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE PORTAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLEVELAND HEARTLAB MAKES NO AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. CLEVELAND HEARTLAB DOES NOT WARRANT THAT THE PORTAL OR INFORMATION LOCATED ON THE PORTAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLEVELAND HEARTLAB DISCLAIMS ANY WARRANTY THAT THE PORTAL WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. CLEVELAND HEARTLAB MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES OR INFORMATION PROVIDED THROUGH THE PORTAL. CLEVELAND HEARTLAB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PORTAL, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Release of Liability, Indemnification.
You are solely responsible for your use of the Portal and for maintaining the confidentiality of your unique UserID and password. Any use of the Portal by your employees or agents is subject to the Terms, and you will inform your employees and agents of such Terms and their obligations to abide by them. You are responsible for the use of the Portal by your employees and agents.
In consideration for Cleveland HeartLab permitting you to use the Portal, you expressly release and hold harmless Cleveland HeartLab, its shareholders, officers, directors, employees, agents and affiliates from any and all claims, liabilities, demands, causes of action, costs, expenses, and damages of every kind and nature, at law, in equity, or otherwise, arising out of or in any way related to your use of the Portal, whether arising from negligence or any other acts or omissions by Cleveland HeartLab.
In addition, you will indemnify and hold harmless Cleveland HeartLab, its shareholders, officers, directors, agents, affiliates, and employees, against all actual and direct losses, liabilities, damages, claims, costs or expenses (including reasonable attorneys’ fees) they may suffer as the result of third party claims, demands, actions, investigations, settlements or judgments against them arising from or in connection with any breach of these Terms, or from any negligence or wrongful acts or omissions, by you or your employees or agents.
The provisions of this section entitled “Release of Liability, Indemnification” shall survive termination of this Agreement.
Copyright, Trademarks and other Intellectual Property.
Services and materials appearing on the portal are protected by copyright, patent, and trademarks laws. Trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Portal, if any, are registered and unregistered Trademarks of Cleveland HeartLab. Nothing contained on the Portal should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark or other content displayed on the Portal without the written permission of Cleveland HeartLab or such third party that may own materials displayed on the Portal. Your use or misuse of the Trademarks or of any other content on the Portal, except as provided in the Terms, is strictly prohibited. Cleveland HeartLab will aggressively enforce its intellectual property rights to the fullest extent of the law.
Applicable Law and Disputes.
The Terms and your use of the Portal shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflicts of law principles. Any dispute, controversy or claim arising out of or related to these Terms or your use of the Portal will be resolved and settled through arbitration administered by the American Arbitration Association and conducted in Cleveland, Ohio, United States of America. The decision of the arbitrator shall be final and binding on both parties, and final judgment may be entered upon it in any court of competent jurisdiction. The prevailing party shall be entitled to costs and reasonable attorneys’ fees arising out of such arbitration. The state or federal courts located in or serving Cuyahoga County, Ohio, United States of America, shall have exclusive jurisdiction and venue over any action arising out of or relating to these Terms or your use of the Portal. By indicating “I Agree,” you waive any claim that a court located in or serving Cuyahoga County, Ohio, lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum.
Other Miscellaneous Provisions.
The Terms constitute the entire and only understanding between you and Cleveland HeartLab regarding your use of the Portal. No modification or attempted modification of the Terms by you shall be binding on Cleveland HeartLab unless made in writing and physically signed by an authorized representative of Cleveland HeartLab. Cleveland HeartLab may modify the Terms at any time and will include such modifications on this Portal without notice to you. You hereby agree to those modifications and to review them as they are modified from time to time.
Notices sent to you by Cleveland HeartLab in connection with these Terms or your use of the Portal may be delivered to you by electronic mail, or through a general notice on the Portal. You may give notice to Cleveland HeartLab by computer message at the following address: firstname.lastname@example.org.
The Terms are severable to the extent any term is deemed invalid, illegal or unenforceable.
Cleveland HeartLab’s failure to enforce any provision of the Terms shall not be deemed a waiver of that or any other provision of the Terms.
The parties hereto are independent contractors of one another; nothing herein shall be deemed to create any relationship of agency, partnership or joint venture between the parties.