ARCHWAY CARELINK WEBSITE AND MOBILE APPLICATION
You agree that you are accessing and using the Platform solely in your capacity as an agent, employee, or service provider to one of our authorized health care partners (each such authorized partner, a “Partner”). We have a separate agreement with the Partner; however, you are nevertheless individually bound by these Terms. Terms such as "we" or "our" and "Company" refer to Archway and its affiliate entities. By using this Platform, you agree to the most recent Terms. We will notify you of any changes to these Terms by posting a notice of the changes on this or a similar page of this Platform. It is your responsibility to review these Terms each time you use this Platform. By continuing to use this Platform, you consent to any changes to our Terms.
By using this Platform, you acknowledge and agree that any activity on this Platform is subject to monitoring by the Company at any time, and that the Company may use the results of such monitoring without limitation, subject to applicible law.
This Platform is intended for use within the United States only.
License to use this Platform and content ownership
Subject to these Terms, the Company grants you a personal, nontransferable, nonexclusive, revocable, limited license to access the Platform for the sole purpose of contributing and viewing patient-specific information and content (the “Content”) as needed to perform the Services pursuant to your affiliation with our authorized health care partners and in compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
All rights, title and interest in and to the Platform, excluding the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with the Company and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the Platform, granting the foregoing licenses or entering into this Agreement.
We may terminate this license at any time for any reason. If you breach any of these Terms, your license to access the Platform terminates immediately. Upon the termination of this license you must stop using this Platform.
Restrictions on use of this Platform
“Patient Information” is any information created or received by you, whether oral, electronic, or recorded in any other form or medium: (i) that identifies the past, present or future physical or mental condition of an individual patient of the Partner; the provision of health care to such patient; or the past, present or future payment for the provision of health care to such patient, and (ii) that identifies the patient or with respect to which there is a reasonable basis to believe the information can be used to identify the patient.
• not to sell, share, transfer or otherwise disclose any Content, including Patient Information, to any third parties unless authorized herein;
• to use physical, and technical safeguards that conform with good industry practices to (i) reasonably and appropriately protect the confidentiality, integrity, and availability of electronic Patient Information that you create, receive, access, use, maintain, or transmit pursuant to these Terms, and (ii) reasonably and appropriately prevent the access, use or disclosure of Patient Information other than as permitted hereunder and in accordance with HIPAA, the Health Information Technology Economic and Clinical Health Act (the “HITECH Act”) and the regulations promulgated under HIPAA and HITECH, including, without limitation, the privacy, security, breach notification and enforcement rules at 45 CFR Part 160 and Part 164, as amended from time to time.
• not to de-identify any Patient Information unless pursuant to 45 CFR 164.514(b)(1).
• not to use this Platform or Content in any way not explicitly permitted by these Terms or the text of the Platform itself;
• not to copy, modify or create derivative works involving the Content on the Platform except for downloading data and reports that are made available on the Platform for the sole purposes of care management;
• not to misrepresent your identity or provide us with any false information in any information-collection portion of this Platform, such as a registration or enrollment application page;
• not to take any action intended to interfere with the operation of this Platform;
• not to access or attempt to access any portion of this Platform to which you have not been explicitly granted access;
• not to share any password assigned to or created by you with any third parties or use any password granted to or created by a third party;
• not to directly or indirectly authorize anyone else to take actions prohibited in this section;
• to comply with HIPAA and other applicable laws and regulations while using this Platform or the Content;
• to notify the Partner and Archway if you lose or misplace any device, such as a phone or laptop, upon which the Platform has been downloaded, or to otherwise notify us or the Partner if you suspect unauthorized access to or suspicious activity on your account.
You represent and warrant that you are at least 18 years of age.
You are solely responsible for the content you submit and the Company assumes no responsibility or liability for any Content submitted by you or any other user. We may, but are not obligated to, restrict or remove any and all Content that we determine in our sole discretion violates these Terms or is otherwise harmful to us, our partners, or any third party. We reserve the right to remove the Content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of the Company.
You represent and warrant that any Content you submit is accurate; that use of the Content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify the Company or its affiliates for all claims resulting from content you supply.
THIS INFORMATION IN THIS WEB SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY RESPECTING NON-INFRINGEMENT, AND THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Use of the terms “partner” and “partnering” herein is not intended to convey or imply the existence of a legal partnership or joint venture relationship with any entity.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
LIMITATION OF LIABILITY
YOU AGREE THAT ARCHWAY AND ITS PARENT AND AFFILIATES (“PLATFORM-RELATED-PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS PLATFORM OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE PLATFORM-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE PLATFORM-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE PLATFORM-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE PLATFORM OR CONTENT ARE EXCLUDED EVEN IF THE PLATFORM-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS PLATFORM AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS PLATFORM OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.
Governing law and statute of limitations
The laws of The Commonwealth of Massachusetts govern these Terms and any cause of action arising under or relating to your use of the Platform, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with the Company, or in any way relating to your use of this Platform, is in the state and federal courts in the Commonwealth of Massachusetts, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Company or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Platform, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.
To contact us regarding these Terms or the operation of the Platform itself, contact us at email@example.com
The Effective Date of these Terms is December 1st, 2015
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend and indemnify, Platform-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of this Agreement or your use or misuse of the Content or Platform. You may not transfer or assign any rights or obligations under this Agreement. The Company may transfer or assign its rights and obligations under this Agreement.