Terms of Service

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RemakeHealth Terms of Service

This document was last updated on June 4, 2009.

Please read the following information carefully before using the www.RemakeHealth.com Web Site. It contains important information regarding HIPAA compliance and your ability to create/view, electronically transfer or otherwise access and use Protected Health Information (PHI). Use of this Web Site constitutes a binding agreement between you, RemakeHealth, Inc. and RemakeHealth IPA and indicates that you accept each of the terms outlined in this document. If you visit or shop at RemakeHealth.com, you accept these Terms.

Background and Purpose

This agreement ("Agreement") is between REMAKEHEALTH, INC. and REMAKEHEALTH IPA (collectively "We", "Us", "Our" or "RemakeHealth") and you ("You", "Your"). This Agreement governs Your use of the RemakeHealth Web Site, including, without limitation, all content such as text and information (collectively, the "Content") and all services ("Services") made available to you through the RemakeHealth Web Site by Us and/or third parties. "Site" is used in this Agreement means the RemakeHealth Web Site, the Content and the Services.

Privacy

Please review our Privacy Policy, which also governs your visit to RemakeHealth.com.

Electronic Communications

When you visit RemakeHealth.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Section I.

End User License Agreement (EULA)

A. Site Usage. “RemakeHealth Services” means the content and services made available to You by logging into the Web Site. Your access to and use of these Services are subject to the terms and conditions set forth in this Agreement and are permitted by Us solely for Your internal use and benefit; any other access or use is strictly prohibited. Access to certain RemakeHealth Services may require You to provide Us or certain third parties with additional information. RemakeHealth authorizes you to view and access the materials at this Web Site only for its intended commercial use. You may not modify the materials on RemakeHealth.com in any way or reproduce or publicly display, distribute or otherwise use them for any public or commercial purpose, except as expressly permitted. For purposes of these Terms, any use of these materials on any other Web Site or networked computer environment for any purpose is prohibited. The materials on RemakeHealth.com are copyrighted and any unauthorized use may violate copyright, trademark, and other laws. You are also prohibited from posting or transmitting to or from RemakeHealth.com any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Any breach of these terms automatically terminates your authorization to use RemakeHealth.com, and you must immediately destroy any downloaded or printed materials.

B. User Access. The Site and RemakeHealth Services will be accessible only to persons who have registered to use the Site and that You authorize to access the Site and receive the RemakeHealth Services (“Users”). In addition, each User must execute online RemakeHealth user agreements (“User Agreements”) prior to receiving access to the Site and RemakeHealth Services. You are responsible for ensuring Users’ compliance with the User Agreements, all acts or omissions by Users, and for any damages incurred as a result thereof. You are also responsible for any initial or ongoing fees associated with Users’ access to or use of the Site. You may enable Users by submitting to Us a written request signed by Your authorized representative containing such User information as We may require and the desired access privileges for each User, online through the My Account control area, or by such other means as We may approve in writing. You or any of Your authorized representatives may disable access to the Services by a User at any time by oral or written request to us or via the My Account control area. We will disable access by a User within one (1) business day of receiving such a request. We may disable access to the Site and the Services by a User at any time in Our sole discretion if We have reason to believe that such User has violated the terms of its User Agreements or poses a security risk. You agree that You are responsible for Your own conduct and content while using RemakeHealth’s Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these terms and conditions and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the Services, You will not:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

• upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;

• upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the Rights or have the permission of the owner to post such Content;

• upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these terms and conditions or any applicable policies or guidelines;

• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;

• restrict or inhibit any other user from using and enjoying RemakeHealth’s Services;

• use RemakeHealth’s Services for any illegal or unauthorized purpose;

• remove any copyright, trademark or other proprietary rights notices contained in or on RemakeHealth’s Services;

• interfere with or disrupt RemakeHealth’s Services or servers or networks connected to RemakeHealth’s Services, or disobey any requirements, procedures, policies or regulations of networks connected to RemakeHealth’s Services;

• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of RemakeHealth’s Services or collect information about users for any unauthorized purpose;

• submit Content that falsely expresses or implies that such Content is sponsored or endorsed by RemakeHealth;

• International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

You may terminate the use of the Services, or provide notice of your refusal to accept advertising in accordance with RemakeHealth’s policies and procedures for providing such notice, which RemakeHealth may make available from time to time in its sole discretion.

C. Confidential Information. In the course of performing under this Agreement, each Party may receive, be exposed to or acquire the Confidential Information including but not limited to, all information, data, reports, records, summaries, tables and studies, whether written or oral, fixed in hard copy or contained in any computer data base or computer readable form, as well as any information identified as confidential (“Confidential Information”) of the other Party. For purposes of this Agreement, “Confidential Information” shall not include Protected Health Information, the security of which is the subject of this Agreement and is provided for elsewhere. The Parties, including their employees, agents or representatives (i) shall not disclose to any third party the Confidential Information of the other Party except as otherwise permitted by this Agreement, (ii) only permit use of such Confidential Information by employees, agents and representatives having a need to know in connection with performance under this Agreement, and (iii) advise each of their employees, agents, and representatives of their obligations to keep such Confidential Information confidential. Notwithstanding anything to the contrary herein, each Party shall be free to use, for its own business purposes, any ideas, suggestions, concepts, know-how or techniques contained in information received from each other that directly relates to the performance under this Agreement. This provision shall not apply to Confidential Information: (a) after it becomes publicly available through no fault of either Party; (b) which is later publicly released by either Party in writing; (c) which is lawfully obtained from third parties without restriction; or (d) which can be shown to be previously known or developed by either Party independently of the other Party.

D. Copyright. All screens, including graphics, logos, button icons, images, data and text elements displayed on this Web Site are the property of RemakeHealth and protected by US and International copyright laws. All rights reserved. You are hereby permitted to view, copy, print, and distribute any page or screen of this document subject to the following conditions:

1. The document may be used for its intended commercial purposes only, and any document containing Protected Health Information (PHI) is to be treated as confidential and its privacy protected in accordance with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and all other Federal Privacy Laws.

2. Any copy of this document or portion thereof must include the copyright notice.

E. Security. We require each User to have a User ID and password to access and use the Web Site. Access to certain Services may require additional codes or authorization procedures. You are solely responsible for (1) maintaining the strict confidentiality of the User IDs, passwords and codes (collectively, "IDs") assigned to You and Your Users, (2) instructing Your Users to not allow another person to use their IDs to access the Site or the Services, (3) any charges, damages, or losses that may be incurred or suffered as a result of Your or Your Users’ failure to maintain the strict confidentiality of their IDs, and (4) promptly informing Us in writing of any need to deactivate an ID due to security concerns. We are not liable for any harm related to the theft of Your IDs, Your disclosure of Your IDs, or Your authorization to allow another person or entity to access and use the Site or the Services using Your IDs. You agree to immediately notify Us of any unauthorized use of Your IDs.

F. Protected Health Information. Any information transmitted to RemakeHealth.com will be considered as Protected Health Information (PHI) and will be treated as confidential and its privacy protected in accordance with Federal Privacy Laws, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA) of 1996.

G. Confidential Data; Legal Compliance. The Services may enable Users to transmit, store, and receive Confidential Information of patients and may allow Users to transmit store and receive the Confidential Information of other third parties (collectively, "Confidential Information"). State and Federal laws, as well as ethical and licensure requirements of Your profession may impose obligations with respect to patient confidentiality and other obligations that may limit the right of physicians, health care providers, and persons acting on their behalf, to make use of the Services or to transmit certain information to third parties. You represent and warrant that You will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Confidential Information, and use Your best efforts to cause all persons or entities under Your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Confidential Information You transmit, store, or receive in connection with the Services. You agree that we, Our licensors, and all other persons or entities involved in the operation of Services, have the right to monitor, retrieve, store and use Confidential Information in connection with the operation of the Services, and are acting on Your behalf in transmitting Confidential Information. We agree to use commercially reasonable efforts to maintain the confidentiality of such information and prevent the disclosure of such information to third parties except in connection with the transmission, storage, retrieval, and disclosure of such information on Your behalf and as may be required or permitted by law. Nothing in this Agreement shall prohibit Us from using or disclosing data from which information personally identifying individuals (such as names, social security numbers, and addresses) has been removed as required by law. WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE SERVICES IN WAYS THAT ARE NOT IN COMPLIANCE WITH ANY SUCH REQUIREMENTS OR YOUR USE OR MISUSE OF CONFIDENTIAL INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED USING THE SERVICES. You agree that data formats, access methods and related information and materials used in implementing or providing the Services ("Interface Data") may contain Our Confidential and Trade Secret Information. You agree to (1) maintain the confidentiality of the Interface Data; (2) use the Interface Data solely for the purposes of using the Services; and (3) prevent the disclosure or use of the Interface Data to or by any third party except with Our prior written consent.

H. Secured Transmissions. The Services employ encryption to reduce the probability of an unauthorized interception of Confidential Information transmitted using the Services. We use industry standard encryption technology (e.g. 3.0 Secure Socket Layer protocol with 128-bit public key encryption technology) in arranging for the transmission of Confidential Information of patients. You must use a browser that supports this encryption technology in order to access the Services. It is Your responsibility not to send Confidential Information to any recipient to whom transmission of such information will violate applicable law or otherwise be inappropriate. YOU ACKNOWLEDGE AND AGREE THAT THE TRANSMISSION OF CONFIDENTIAL INFORMATION TO RECIPIENTS OUTSIDE OF THE SITE MAY NOT BE SECURE. In addition, You also acknowledge and agree that no form of encryption is foolproof.

I. Links To Other Web Sites. The RemakeHealth.com Web Site may, from time to time, electronically refer or connect users to third-party publications. Such publications may contain copyrighted material which remains the property of their respective owners. Links to third party Web Sites on RemakeHealth.com are provided solely as a user feature to you. If you use these links, you will leave RemakeHealth.com. RemakeHealth.com attempts to review third party sites, however does not control and is not responsible for any of these sites or their content. RemakeHealth.com does not endorse or make any representations about them, any information, products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to RemakeHealth.com, you do this entirely at your own risk.

J. Advertising Services. Our Website does not currently host any form of advertisement.

K. Links to RemakeHealth.com. Anyone linking to RemakeHealth.com must comply with the following and all applicable laws:

1. Any site that links to RemakeHealth.com should link to the url http://www.remakehealth.com.

2. Links may link to, but not replicate, RemakeHealth.com content, and may not use the RemakeHealth logo without express written permission from RemakeHealth.

3. Links should not imply that RemakeHealth.com is endorsing it or its products.

4. Links should not misrepresent a relationship with RemakeHealth or present false information about RemakeHealth’s Web Site content, products or services.

5. Links should not contain content that could be construed as unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

L. Intellectual Property Ownership. You agree that We (or Our Site Content providers) own all worldwide rights, titles and interests in and to the Site and all intellectual property rights therein. All rights not expressly granted in this Agreement are reserved to us. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by this Agreement. To facilitate Your access to and use of Our Site or portions thereof, We may make certain software available to You. The terms of Your use of such software will be stated separately in a license agreement that will be included with the software. You agree to only use such software in a manner permitted pursuant to such license agreements. Users may be permitted to access and use chat rooms, bulletin boards, mail lists, customized home pages, and other forms of group electronic communications through the Site ("Interactive Areas"). You hereby grant to Us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information You or Your Users submit to the Interactive Areas by all means and in any media now known or hereafter developed for any use or purpose.

M. General Disclaimers. THE SITE AND THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT OR DATA IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS COMPLETELY SECURE. PAYMENT REMAINS THE RESPONSIBILITY OF THE PARTICULAR PAYER OF HEALTH CARE SERVICES AND/OR SUPPLIER TO WHICH YOU ARE SUBMITTING. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE AND THE SERVICES. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to You. You may have other rights from jurisdiction to jurisdiction.

N. Exclusion of Damages. UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE SITE OR THE SERVICES, OR RELIANCE ON THE CONTENT OR DATA, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to You. You may have other rights from jurisdiction to jurisdiction.

O. Warranty & Liability. The content of this Web Site is provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. References to other persons, corporations, or their services or products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall RemakeHealth be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data, profits, or adverse outcomes, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. RemakeHealth does not warrant the accuracy or completeness of any information transmitted to or from RemakeHealth.com.

1. RemakeHealth reserves the right to change any part of this Web Site or the information contained without notice. RemakeHealth cannot accept responsibility for any inaccuracy within the pages on this server or its external links. The company has the right to change directory structure or remove pages without notice. In the event questions arise from the use of materials on this server, please send your questions to RemakeHealth.com.

2. Any articles or advertisements contained on RemakeHealth.com are for educational or advertising purposes only. RemakeHealth attempts to select authors and advertisers who are knowledgeable in their fields, however, RemakeHealth does not warrant the expertise of any author or advertiser in a particular field, nor is it responsible for any statement by such authors or advertisers. The authors and advertisers whose articles and advertisements are contained in and appear on this Web Site are solely responsible for their accuracy. Any opinions expressed in the content that appears on RemakeHealth.com are those of its author(s), and do not necessarily reflect the opinions of RemakeHealth.

3. The publication of advertisements in RemakeHealth.com does not constitute an endorsement or guarantee by RemakeHealth.com of the quality or value of the advertised services, products and/or any associated claims. Reference to any specific product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by RemakeHealth The mention or lack of mention of any service or company shall not be considered as either a positive or negative endorsement of the same or any other service or company.

4. Replies to questions submitted to RemakeHealth.com or RemakeHealth are based solely upon the information supplied by the submitter, and are made without guarantee of accuracy or completeness.

5. In no event will RemakeHealth.com or other third parties mentioned on RemakeHealth.com be liable for any damages, including, without limitation, those resulting from adverse outcomes, lost profits, lost data or business interruption arising out of the use, inability to use, or the results of use of this site, any Web Sites linked to this site, or the information contained at any or all such sites, whether based on warranty, contract, or any other legal protection and whether or not advised of the possibility of such damages. If your use of the materials or information from this site results in damage or adverse outcomes, you assume all resulting costs and responsibilities. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. With respect to information or advertisements on this Web Site, RemakeHealth.com makes no warranty, expressed or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any such information.

P. Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE GREATER OF $1,000 OR THE FEES YOU PAID US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND WE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THE SERVICES. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SERVICES TO YOU. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to You. You may have other rights from jurisdiction to jurisdiction.

Q. Trademarks. The RemakeHealth logo is a trademark of RemakeHealth All other product names and company logos published herein remain the trademarks, as applicable, of their respective owners.

R. Errors & Omissions. RemakeHealth makes every effort to ensure the accuracy of materials presented within the RemakeHealth.com Web Site, however, RemakeHealth.com could include technical inaccuracies, typographical errors or graphical distortions. RemakeHealth reserves the right to make improvements and/or changes in the information, graphics, products and/or programs described, displayed or performed on this Web Site at any time.

S. Applicable Laws. RemakeHealth makes no representation that materials or information on RemakeHealth.com is appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use, export or re-export the materials or information on RemakeHealth.com in violation of any applicable laws or regulations, including U.S. export laws and regulations. If you choose to access this site from outside the United States, you do so on your own initiative and are responsible for compliance with any and all Federal, State, or local laws of the United States. These Terms will be governed by and construed in accordance with the laws of the United States without effect to any principles of conflicts of laws.

T. Governing Law; Jurisdiction. This Agreement is governed by the laws of the State of California without giving effect to any principles of conflicts of law. Exclusive jurisdiction for any dispute with us, or in any way relating to Your access or use of the Site or the Services, resides in the courts of the State of California. You agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute.

U. Revision of Terms. RemakeHealth may revise these terms at any time by updating this web page. You should visit this page from time to time to review its current terms. These terms are binding upon any and all users of the site. Certain provisions of these terms may be superseded by expressly designated legal notices or terms printed on specific pages of RemakeHealth.com.

V. Medical Disclaimer. The information contained on the RemakeHealth website (www.remakehealth.com) and its blog (www.blog.remakehealth.com) is provided for your general information only. RemakeHealth does not give medical advice nor engage in the practice of medicine. RemakeHealth under no circumstances recommends a particular treatment or test for specific individuals and in all cases recommends that you consult your physician before pursuing any course of treatment or test.