ARCHWAY BLUE BUTTON WEBSITE

Terms of Use

 

These Terms of Use ("Terms") describe the rules for using this website application (collectively, the “Platform”). The purpose of the Platform is to enable patients to share Medicare Data with their Healthcare Providers (the “Services”). These Terms constitute a legally binding agreement between you, the person using this Platform, and Archway Health Advisors, LLC (“Archway” or the “Company”).

 

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 Medicare Data 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 sharing Medicare Data (the “Medicare Data”) with your Healthcare Providers.

 

All rights, title and interest in and to the Platform, excluding the Medicare Data, 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 Medicare Data 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

You agree:  

• not to misrepresent your identity or provide us with any false information in any information-collection portion of this Platform

• 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;

 

You represent and warrant that you are at least 18 years of age.

 

Medicare Data submission

You are solely responsible for the Medicare Data you share and the Company assumes no responsibility or liability for any Medicare Data  submitted by you or any other user. We may, but are not obligated to, restrict or remove any and all Medicare Data 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 Medicare Data you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the Medicare Data 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.

 

NO WARRANTIES

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.

 

Contact us

To contact us regarding these Terms or the operation of the Platform itself, contact us at info@archwayha.com

 

Effective date

The Effective Date of these Terms is August 17th, 2018

 

Additional terms

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 Medicare Data 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.