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TERMS OF SERVICE


This web site located at www.docond.com (this "Site") is provided by Doctors on Demand Health Networks. Your access to this Site is conditional on your acceptance of the terms of service of use set forth below (this "Terms of Service"). By browsing, accessing, linking, using and/or downloading information ("Access" or similar term) from this Site, you agree to accept and abide by these Terms of Service for each use and each visit of this Site. If you do not agree to these Terms of Service, you should not access this Site. Doctors on Demand Health Networks own and operate the web site located at www.dialadoctor.com and offer the same services on that site.


These Terms of Service are entered into between Doctors on Demand Health Networks and you. If you are using the Services on behalf of another person, you represent that you are authorized to accept these Terms of Service on that person's behalf. You must at least 18 years of age (21 in some states) and legally capable of entering into a contract to use the Services provided through this Site. Unless explicitly stated otherwise, these Terms of Service will govern your use of any new features that augment or enhance the current services, including the release of new products or services.


Definitions: In addition to the terms defined throughout this Terms of Service, the terms "you", "your" and "yours" refer to you, the User of this Site. The terms "we", "us" and "our" refer to Doctors on Demand Health Networks.


Subscriptions: To use the services provided through this Site, you must subscribe to this Site by signing up. Depending on your subscription, you may be charged a monthly fee. You will also be charged a fee every time to communicate with a doctor using this Site and for every phone visit and email visit. You agree to pay all fees incurred by your use of the services provided by this Site and expressly authorize us to charge your credit card for such fees. The fees you pay for using this Site and the Services provided by this Site are generally not covered by health insurance or government programs. Some entities have entered into an agreement with us to cover the cost of a phone visit. Please contact us to determine your coverage.


Username and Password: When you sign up for services provided through this Site, you must choose a username and password. Your username and password is unique to you. Please keep your username and password carefully. You are responsible for the security of your username and password. If you feel someone else is using your username and password without your consent, please contact us immediately.

Services: The services provided through this Site are not for use in an emergency. Please call your doctor or 911 if you have a medical emergency. This Site provides internet and telephone based services offering a secure, private channel for healthcare consultation communications with physicians, personal medical information storage, healthcare information, and related products, services and content (collectively the “Services”). The doctors you contact using this Site provide you with their services using phone visits or email visits.

Visits: A doctor you contact using this Site, may provide you with a phone visit to answer your clinically-derived questions based upon your general symptoms and/or for assessment for your condition. When you or the doctor contact each other using a telephone, it is a phone visit. When you or the doctor contact each other via email, it is an email visit.

Warranties: We make no warranty, express or implied as to the content of any advice or treatment provided to you by doctors you contact using this Site. You and your doctor are solely responsible for all information and/or communication during a phone visit, email visit or other communication. Nothing contained in these services should be construed, directly or indirectly, as the practice of medicine or dispensing of medical services by us. We do not guarantee that a phone visit or email visit or using the services provided on this Site is the appropriate course of treatment for your particular health care problem. You agree to contact your physician immediately should your condition change or your symptoms worsen. If you are experiencing an emergent or urgent condition, you should contact your local emergency services immediately.

Prescriptions: Any prescriptions that you acquire through the services provided through this Site shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact the doctor if you have any questions regarding the prescription. 

Educational Resources.  The doctor you contact using this Site may send you information regarding common medical and health related topics or preventive care messages containing specific medical and health related information, links to other related Web sites and specific questions related to health care problem.  Additionally, we may make available self care informational services which provide general medical and health information  These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or healthcare consultation or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by us. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment. The information contained in these communications and resources is compiled from a variety of sources and should not be considered authored by us. We make no warranty as to the content of these materials or the information contained therein. 

Referrals: The doctor you contact using this Site may send a referral message and/or refer you as a patient to another doctor. This referral message may contain personally identifiable health information about you. Your doctor is solely responsible for obtaining any required consents for disclosing this information.  You must inform your doctor if you do not wish to be the subject of a referral message.  We will not modify or alter any information contained in referral message and/or attachments and cannot verify its accuracy or completeness. You agree that we bear no responsibility with respect to the foregoing.  Referral messages may be sent to non-registered providers, who are required to accept a Guest Provider Terms of Use prior to responding to a referral message.

Online Platform: This Site acts as an online platform connecting doctors and other users of this Site. This Site only provides the platform and is not directly involved in the actual transactions between the parties. This Site is a neutral facilitator having no control over the exchange of communication between Users and Doctors does not vouch for the same. We have no control over any information posted by any User or advice given by any Doctor you contact using this Site. While we take all measures to verify the qualifications, background, or abilities of the doctors offering their services to you through this Site, you should be careful and exercise common sense and good judgment when dealing with any such doctor.

Records: When you avail of the services of a Doctor using this Site, your record is created to store your personal health information online, including health conditions, allergies and medications. Any information provided as part of a Phone Visit or email Visit becomes part of your record.  You agree to provide accurate information for your record, to periodically review such information and to update such information as needed. In certain circumstances, we may provide certain information to your health plan or insurance company regarding your use of the services provided through this Site if such entity represents it has obtained any required consents. You authorize us to rely upon such representations. It is your responsibility to confirm any third party information in your record.  You may authorize another person (such as a family member) to access your record and access shall be granted upon verification by your physician.  This authorization may be terminated at any time by notifying your physician and having your physician notify us.  If your doctor is a member of a group, you acknowledge and agree that, to the extent authorized by your doctor, all members of the group may access your record and respond to your inquiries or provide services to you through the services provided by this Site. 

Location: For all purposes we shall assume that you are located in the state you list on your profile. You expressly represent to us that you are located in the state you list on your profile waive all claims you may have against us as a result of us relying on such information provided by you. If you change your state of residence, you agree to update this information in your profile.

Medical History: You expressly represent that at all times you will provide your correct medical history and authorize us and the doctors you contact using this Site to act on such information.

Links: This Site may contain to links to other external sites which do not belong to us. We do not verify the contents of such sites. We have no control over such sites. Your use of such other sites is solely at your risk. Your use of such sites is governed by their respective terms and conditions.

Termination: If you fail to pay the subscription fees on the billing cycle due date, we will automatically cancel your subscription. We reserve the right to cancel your subscription if

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      We reasonably believe that you have violated or acted inconsistently with the letter or spirit of this Terms of Service, or violated our rights or those of another user.
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      We are required by law to do so.

Changes to Terms of Service: We reserve the right, at any time, to modify, add to, delete from, alter, or update this Terms of Service ("Changes"), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review this Terms of Service posted at this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by this Terms of Service as changed.

Permitted and Prohibited Uses: This Site is intended for the lawful use of members of the general public. Subject to this Terms of Service, we grant to you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips and sounds, and all trade marks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the "Content"), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:

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            sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;
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            transfer the Content to any other person without our prior written explicit consent;
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            use this Site in any manner that could damage, disable, overburden or impair this Site;
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            upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
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            interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
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            infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;
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            disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites;
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            use any automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;
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            use or attempt to use another's account, password, service, system or other information without our prior written, or create or use a false identity on this Site;
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            transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
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            upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or
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            attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.

You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.

Copyright and Trademarks: Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trade marks held or licensed by us. Any reproduction or use without our express prior written consent is not permitted. Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our express prior written permission is prohibited. We respect the intellectual property of others and ask you to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the accounts of users who infringe our intellectual property rights. We retain the right to initiate appropriate civil and criminal legal proceedings against the infringers of our intellectual property rights.

Cookies: Upon your first visit to the Site, a cookie is sent to your computer that uniquely identifies your browser. A "cookie" is a small file containing a string of characters that is sent to your computer when you visit a website. We use cookies to improve the quality of our service and to better understand how people interact with us. We do this by storing user preferences in cookies and by tracking user trends and patterns of how people search. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features or services of the site may not function properly without cookies.

Submission of Information: Although we may provide certain security in an effort to protect the electronic transmission of certain information that you submit to us through this Site, we do not guarantee the security of any information transmitted to or from this Site. Except for personal information about you, any information you do send to us through this Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, you hereby grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to this Site and/or to incorporate it in other works regardless of form, medium or technology. All medical information you provide us will be kept confidential. We are committed to complying with the HIPAA Regulations and ensuring that our services comply with each of the HIPAA regulation standards. We have developed a HIPAA Compliance Statement to inform you about the steps we take to comply with the HIPAA Regulations. The HIPAA Compliance Statement is a part of these Terms and Conditions.

Liability: All content and services provided on or through this site are provided "as is" and "as available" for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non infringement. Your use of this site and services provided through this Site is solely at your risk. In no event shall we be liable to you for your accessing of this site or under or related to this agreement for any indirect, special, punitive, incidental, reliance, exemplary or consequential damages, loss of profits, loss of expected savings, or any other non-direct damages howsoever caused. We will not be liable to you for any dispute you may have with another party on account of your using this Site nor will we be a party to such disputes. If we are named a party to such disputes, the party naming us will be liable for our costs.

IN NO EVENT SHALL WE NOR ANY OF OUR SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES AND OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE PURCHASE PRICE FOR THE PRODUCT, OR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, $1,000.  IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WE NOR ANY OF OUR SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES AND OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED THROUGH THIS SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED OR SERVICES AVAILED OF ON THIS WEB SITE, EVEN IF OUR AUTHORIZED REPRESENTATIVE IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME.  TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY, SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.

Indemnity: You agree to defend, indemnify and hold harmless Doctors on Demand Health Networks, its owner, officers, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the Content or your breach of these Terms of Service or in connection with your use of the Site

Disclaimer: We are not responsible for the success or failure of your decisions relating to any information presented by us through the Site. The site should be carefully considered and evaluated, before reaching any decision, on whether to use the information and contents provided by us through the Site. There can be no assurance that any prior successes, or past results can be used as an indication of your future success or results. Results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your medical history, or your health condition. Therefore we do not guarantee or imply that you will be successful. Use caution and seek the advice of qualified professionals. You agree that we are not responsible for any success or failure that you may experience as a result of using the site.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES AND OTHER REPRESENTATIVES HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES PROVIDED THROUGH THIS SITE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT:  THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THIS SITE.

Third Party Rights:  The indemnity, disclaimer and liability provisions set forth above are for our benefit and for the benefit of our shareholders, affiliates, directors, officers, managers, employees and other representatives. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Notice: We may provide notice by e-mail to the e-mail address you provided at the time of registration/sign up, by a general notice on this site, or by written communication delivered by first class U. S. mail or express courier to your address on our records. You may give notice to Doctors On Demand Network at any time via electronic mail to support@DocOnD.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to Doctors On Demand, 9454 Wilshire Blvd, Suite 803, Beverly Hills, CA, 90212: Chief Executive Officer.  

General: The Privacy Policy, Copyright Policy, Online Payment Security Policy and HIPAA Compliance Statement are a binding part of these Terms of Service and together with these Terms of Service constitute the entire agreement between Doctors on Demand Health Networks and you with respect to your use of this Site. Our failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Service, and the remainder of these Terms of Service shall continue in full force and effect. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms of Service must be commenced within six months after the claim or cause of action arises. You may not assign, transfer or delegate this Terms of Use or any part of it without our prior written consent. We may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.


Choice of law: These Terms of Service shall be deemed to have been made and performed exclusively in California, USA and shall be governed by and construed under the laws of California and the laws of USA applicable therein without giving effect to its conflict of laws principles. Any cause of action or claim you may have against us with regard to this Site or the services provided through this Site must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. Any claim or controversy that arises out of or relates to this Terms of Service, or the breach thereof, will be settled by arbitration in accordance with the prevailing rules of the American Arbitration Association. Judgment upon the award rendered may be entered in any court possessing jurisdiction of arbitration awards. The cost of arbitration shall be shared equally by both parties. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to this Site or the services provided through this Site.

Acceptance: Your subscription to the services provided by this Site signifies your acceptance of this Terms of Service



PRIVACY POLICY

We have established this privacy policy so that you can understand how we intend to treat your personal information.

Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, you can visit the without telling us who you are or revealing any personal information about yourself.

If you choose to provide us with your personal information on the web, we may transfer that information within ourselves or to our third-party service providers anywhere in this world.

We strive to comply with all applicable laws around the globe that are designed to protect your privacy. Although legal requirements may vary from country to country, we intend to adhere to the principles set forth in this online privacy policy even if, in connection with the above, we transfer your personal information from your country to countries that may not require an "adequate" level of protection for your personal information. In other words, our goal is to provide protection for your personal information no matter where that personal information is collected, transferred, or retained.

We use this information to:

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            Improve and customize the content and layout of the site and other materials
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            Notify you of updates to the site.
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            Notify you of relevant products and services.
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            Notify you of upcoming events and programs

Under no circumstances will we sell or receive payment for licensing or disclosing your personal information. We will not rent or sell your personally identifying information to other companies or individuals, unless we have your consent. We may share such information in any of the following limited circumstances:

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      We have your consent.
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      We provide such information to trusted businesses or persons for the sole purpose of processing personally identifying information on our behalf. When this is done, it is subject to agreements that oblige those parties to process such information only on our instructions and in compliance with this privacy policy and appropriate confidentiality and security measures.
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      We are required to do so by law
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      We have a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect our rights, property or safety, our users or the public.

All medical information you provide us will be kept confidential. We are committed to complying with the HIPAA Regulations and ensuring that our services comply with each of the HIPAA regulation standards. We have developed a HIPAA Compliance Statement to inform you about the steps we take to comply with the HIPAA Regulations.

Credit information that you and credit authorizers provide when you make payments by credit card or electronic check for products, dues or other services via the site will only be used to process the transactions you request.

While we cannot guarantee privacy perfection, we will address any issue to the best of our abilities as soon as possible.

By using this site, you consent to the terms of this privacy policy and our processing of personal information for the purposes given above as well as those explained where we collect personal information on the site. Should the privacy policy change, we will take every reasonable step to ensure that these changes are brought to your attention by posting all changes prominently on the site for a reasonable period of time.

COPYRIGHT POLICY

Information contained on and provided through this Site is protected by copyright law as established in Title 17 of the U.S. Code. No individual or entity is permitted to copy, publish, or commercially use any information contained on or provided through this Site without the express written permission of Doctors On Demand Network. We retain the right to initiate appropriate civil and criminal legal proceedings against the infringers of its copyright. The use, reproduction, downloading, or distribution of protected materials may subject you to applicable penalties and damages under state and federal copyright laws

ONLINE PAYMENT SECURITY POLICY

When you make payments through this Site, you are using a secure server which encrypts all of your personal information. This makes it difficult, if not impossible, for a third party to access or use your personal information in an unauthorized manner.


Doctors On Demand has developed its service with security as a top priority. We use various technological methods to prevent access to information in our system and Secure Socket Layers ("SSL") to encrypt your personal information and protect it from disclosure, destruction, modification or use.

Credit information that you and credit authorizers provide when you make payments by credit card or electronic check for dues or other services via this Site will only be used to process the transactions you request.

HIPAA COMPLIANCE STATEMENT

 

We are committed to complying with the HIPAA Regulations and ensuring that its services comply with each of the HIPAA regulation standards. HIPAA is the Health Insurance Portability and Accountability Act of 1996, which amends the Internal Revenue Service Code of 1986. The Administrative Simplification section of this act has a pervasive effect on health plans, billing agencies, information systems vendors, and other providers. Within the provisions in this section, HIPAA requires improved efficiency in healthcare delivery by standardizing electronic data interchange and protection of confidentiality and security of health data through setting and enforcing standards. More specifically HIPAA calls for:

- Standardization of electronic patient health, administrative and financial data

- Unique health identifiers for individuals, employers, health plans and health care providers

- Security and Privacy standards protecting the confidentiality and integrity of "individually identifiable health information," past, present or future, (e.g. Encryption of data during transmission, Authentication and Verification of the sender and receiver).


1. Definitions

 

1.1. Specific Definitions.

 

1.1.1. "Covered Entity" means the Client, although Client may not qualify as a "Covered Entity" under HIPAA.

1.1.2. "Designated Record Set" has the same meaning as the term "designated record set" in 45 CFR 164.501.

1.1.3. "HIPAA" means The Health Insurance Portability and Accountability Act, as may be amended from time to time.

1.1.4. "Individual" has the same meaning as the term "individual" in 45 CFR 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

1.1.5. "Privacy Rule" means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

1.1.6. "Protected Health Information" has the same meaning as the term "protected health information" in 45 CFR 164.501, limited to the information created or received by us from or on behalf of Covered Entity.

1.1.7. "Required By Law" has the same meaning as the term "required by law" in 45 CFR 164.501.

1.1.8. "Secretary" means the Secretary of the Department of Health and Human Services or his designee.

 

1.2. Other Definitions. Terms used, but not otherwise defined, in this Statement have the same meaning as those terms in the Privacy Rule of HIPAA.

 

2. Our Obligations and Activities

 

2.1. We shall not use or disclose Protected Health Information other than as permitted or provided by this Statement, or for the purpose of delivering the services under the Service Agreement, or as Required By Law.

2.2. We shall use appropriate safeguards to prevent use or disclosure of the Protected Health Information.

2.3. We shall mitigate, to the extent practicable, any harmful effect that is known to us of a use or disclosure of Protected Health Information by us in violation of the requirements laid down by this Statement.

2.4. We shall report to Covered Entity any use or disclosure of the Protected Health Information not provided for by this Statement of which it becomes aware.

2.5. We shall ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by us on behalf of Covered Entity agrees to the same restrictions and conditions that apply through this Statement to us with respect to such information.

2.6. We shall provide access, at the request of Covered Entity, and in a reasonably prompt manner, to Protected Health Information in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 CFR 164.524.

2.7. We shall make any amendment(s) to Protected Health Information in a Designated Record Set that Covered Entity directs or agrees to pursuant to 45 CFR 164.526 at the request of Covered Entity or an Individual, and in a reasonably prompt manner.

2.8. We shall make internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from, or created or received by us on behalf of, Covered Entity available to Covered Entity, or to the Secretary, in a reasonably prompt manner or designated by the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule.

2.9. We shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

2.10. We shall provide to Covered Entity or an Individual, in a reasonably prompt manner, information collected in accordance with Section 2.9 of this Statement, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

 

3. Permitted Uses and Disclosures.

 

3.1. Except as otherwise limited in this Statement, we may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Service Agreement, provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of Covered Entity.

3.2. Except as otherwise limited in this Statement or prohibited by law, we may use Protected Health Information for the proper management and administration of the Telemedicine Services provided by us or to carry out our legal responsibilities.

3.3. Except as otherwise limited in this Statement, We shall disclose Protected Health Information that is Required By Law, provided that where applicable, We obtain reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies us of any instances of which it is aware in which the confidentiality of the information has been breached.

3.4. Except as otherwise limited in this Statement, we may use Protected Health Information to provide Data Aggregation services to Covered Entity as permitted by 42 CFR 164.504(e)(2)(i)(B).

3.5. We may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with Sec. 164.502(j)(1).

 

4. Obligations of Covered Entity

 

4.1. Covered Entity shall notify us of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR 164.520, to the extent that such limitation may affect our use or disclosure of Protected Health Information.

4.2. Covered Entity shall notify us of any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes may affect our use or disclosure of Protected Health Information.

4.3. Covered Entity shall notify us of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 CFR 164.522, to the extent that such restriction may affect our use or disclosure of Protected Health Information.

 

5. Term and Termination

5.1. Term. This Statement shall be effective as of the effective date of the Service Agreement, and shall terminate when all of the Protected Health Information provided by Covered Entity to us, or created or received by us on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, if it is infeasible to return or destroy Protected Health Information, protections are extended to such information, in accordance with the termination provisions in this Section.

5.2. Termination for Cause. Upon Covered Entity's knowledge of a material breach by us, Covered Entity shall either:

5.2.1. Provide an opportunity for us to cure the breach or end the violation and terminate this Statement and the Service Agreement if we do not cure the breach or end the violation within the time specified by Covered Entity;

5.2.2. Immediately terminate this Statement and the Service Agreement if we have breached a material term of this Statement and cure is not possible; or

5.2.3. If neither termination nor cure is feasible, Covered Entity shall report the violation to the Secretary.

5.3. Effect of Termination.

5.3.1. Except as provided in Section 5.3.2, upon termination of this Statement, for any reason, we shall return or destroy all Protected Health Information received from Covered Entity, or created or received by us on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of our subcontractors or agents. We shall retain no copies of the Protected Health Information.

5.3.2. In the event that we determine that returning or destroying the Protected Health Information is infeasible, we shall provide to Covered Entity notification of the conditions that make return or destruction infeasible. Upon such notification, we shall extend the protections of this Statement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as we maintain such Protected Health Information.

 

6. Miscellaneous

6.1. Regulatory References. A reference in this Statement to a section in the Privacy Rule means the section as in effect or as amended.

6.2. Amendment. The parties agree to take such action as is necessary to amend this Statement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.

6.3. Survival. Our rights and obligations under Section 5.3 above, of this Statement shall survive the termination of this Statement.

6.4. Interpretation. Any ambiguity in this Statement shall be resolved to permit Covered Entity to comply with the Privacy Rule.
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