|About Us||Acceptance of this Agreement||ID, Access Codes and User Registration||Services|
|Restrictions of Use||Ownership||Personal Health Information||Confidentiality|
|Accuracy; Integrity of Information||Links; Third Party Sites||Advertising||Termination|
|Disclaimer of Warranties||Limitation of Liability; Dispute Resolution||Indemnity||Choice of Law; Exclusive Venue|
|International Use||Medical Disclaimer||Fees||Entire Agreement and Severability|
All title, trademarks and copyrights in and pertaining to Inscripts and the Portal, including but not limited to any accompanying printed materials, content and design relating to this application, are owned by and are the exclusive property of IntScripts. The Portal and related software applications are protected by copyright, trademark and patent laws of the United States and by international laws and treaties. Any rights not expressly granted herein are reserved to IntScripts.
The contents of the Portal, including without limitation the text, images, audio, and video, and any materials accessed through or made available for use or download through the Portal are the property of IntScripts and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, without the prior written consent of IntScripts, except that you may download content from the Portal to any single computer for your personal use only, provided you keep intact all copyright, trademark, patent and other proprietary notices and comply with any applicable end user license agreements. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (personal use excludes use for resale, redistribution or other commercial purposes).
We provide access to the Portal to you as a Business Associate to your Healthcare Provider. As a Business Associate, we follow the rules that apply to Business Associates under HIPAA and the HITECH Act, as well as any other privacy and security rule surrounding your personal information that was agreed to between IntScripts and your Healthcare Provider.
You may upload, download, store, access and grant your Healthcare Provider access to your Personal Health Information, including copies of documents, records, images, and any other information submitted by you. You and your Healthcare Provider(s) are responsible for uploading your Personal Health Information using the Portal. IntScripts shall have no responsibility for the quality of X-rays or other images or content relating to your Personal Health Information uploaded to the Portal.
You may authorize one or more Healthcare Providers to access your Personal Health Information via the Portal. We will not disclose, transfer or cause to be disclosed or transferred to a third party any of your Personal Health Information without your prior written consent or authorization, or as otherwise required by law.
Although IntScripts attempts to ensure the integrity of the process for uploading information to the Portal, IntScripts cannot and does not make any guarantee as to the correctness, completeness, or accuracy of the information provided by or made available to you on the Portal, including but not limited to any information you provide to, or seek to receive or have access to from a Healthcare Provider. Any information appearing on the Portal may be inaccurate, incomplete or erroneous; may include typographical or other errors; and may include unauthorized additions, deletions or alterations made to the Portal by third parties. In the event that an inaccuracy or other issues is identified regarding your Personal Health Information, please inform your physician. You and your Healthcare Provider(s) are responsible for uploading your Personal Health Information using the Portal. The Portal may not include information from a healthcare provider that does not have a contract in force with IntScripts, its affiliates or related entities that authorizes such healthcare provider to upload your Personal Health Information to or otherwise use the Portal. IntScripts shall have no responsibility for the quality of X-rays or other images or content relating to your Personal Health Information uploaded to the Portal. You should routinely communicate with each of your Healthcare Providers to learn their specific practices and operating procedures in respect to the copying, storage, reproduction, reduction or enlargement of any documents or images pertaining to Personal Healthcare Information.
YOU AGREE THAT ANY QUESTIONS OR CUSTOMER SERVICE ISSUES RELATED TO THE USE OF THIS PORTAL SPECIFIC TO ANY HEALTHCARE PROVIDER SHALL BE DIRECTED TO YOUR HEALTHCARE PROVIDER. INTSCRIPTS DOES NOT PROVIDE CUSTOMER SUPPORT FOR PATIENT USERS OF THE INTSCRIPTS PORTAL.
Your right to access your Personal Health Information via the Portal shall terminate upon the termination or nonrenewal of your subscription to IntScripts. If for any reason your subscription is terminated or nonrenewed, you may within one-hundred eighty (180) days of the date of termination or nonrenewal contact IntScripts at firstname.lastname@example.org to order an electronic copy of records previously uploaded to the Portal for your former account, and IntScripts will process your order within ten (10) business days after you have paid the $25.00 record order fee. IntScripts will not store, maintain, deliver or provide access to your Personal Health Information once your subscription has been terminated or non-renewed for more than onehundred eighty (180) days. Personal Health Information
INTSCRIPTS AND ITS RELATED ENTITIES DO NOT MAKE, AND YOU SHALL NOT RECEIVE IN RESPECT TO THE PORTAL, ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO: (i) AN IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT OR TITLE; (ii) ANY WARRANTY REGARDING UNINTERRUPTED ACCESS TO THE PORTAL, DATA BACK-UP OR RESTORATION; OR (iii) THAT PERSONAL HEALTH INFORMATION STORED ON THE PORTAL WILL BE FREE FROM ERROR OR CORRUPTION.
INTSCRIPTS AND ITS RELATED ENTITIES DO NOT WARRANT OR REPRESENT THAT COMMUNICATIONS SENT THROUGH THE PORTAL WILL BE REVIEWED BY OR RESPONDED TO BY YOUR HEALTHCARE PROVIDER AT ANY TIME, WITHIN ANY DEADLINE OR EVEN WITHIN A TIMELY MANNER. INTSCRIPTS AND ITS RELATED ENTITIES MAKE NO REPRESENTATION AS TO THE RELIABILITY, ACCURACY, TIMELINESS, AVAILABILITY, COMPLETENESS OR SUITABILITY OF THE PORTAL OR ANY INFORMATION OR SERVICES MADE AVAILABLE THROUGH THE PORTAL TO OR BY YOU OR TO OR BY A HEALTH CARE PROVIDER. IN THE EVENT THAT THE LAW(S) OF ANY STATE(S) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Limitation of Liability. This Limitation of Liability section applies collectively to IntScripts, its employees, affiliates, subsidiaries, related parties, contractors and suppliers (the “IntScripts Parties”) for all purposes relating to this Agreement, including all purposes relating to the Dispute Resolution section below. The intention of this section is to disclaim any liability whatever to you pertaining to your voluntary use of the Services for as long as the Services are provided to you free of charge. Currently, IntScripts is providing the Services for free, so you understand that unless IntScripts imposes a charge for your use of the Services in the future (and you pay IntScripts for the Services prior to an event you contend gives rise to direct damages), or IntScripts makes Value-Added Services available and you purchase them from IntScripts, you are unable to recover from any IntScripts Parties even direct damages that you might contend arise from IntScript’s operation of the Portal or your use of the Services. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE PORTAL, RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE PORTAL AND/OR THOSE SERVICES.
NEITHER YOU NOR ANY INTSCRIPTS PARTIES SHALL HAVE LIABILITY TO THE OTHER FOR ANY PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS EXCESS COSTS INCURRED AND LOST PROFITS, DATA OR REVENUE, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL ANY INTSCRIPTS PARTIES BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE PORTAL EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION FO LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER YOU USE THE PORTAL.
If you have paid IntScripts for any Services or Value-Added Services, or if any provision in this Agreement limiting any IntScripts Parties’ potential liability to you is determined to be unenforceable by a court or other authority with jurisdiction to decide the matter, such payment or determination shall not preclude the application of other, enforceable, limits that would preclude or limit the same liability, and to the extent any liability against any IntScripts Parties might exist because of such a payment or determination, that liability shall be capped at the lesser of: (i) the amount of money you have paid IntScripts for the Services and Value-Added Services (if applicable) in the 12 months preceding the event giving rise to direct damages; or (ii) no more than $100 of all damages determined to be recoverable. The limitations on the IntScripts Parties’ liability to you contained in this Agreement apply even if the remedy available to you fails of its essential purpose or does not fully compensate you for any losses which you seek to recover.
You agree nonetheless that all provisions in the Disclaimer of Warranties section and this Limitation of Liability section as are permitted by applicable law shall apply to you, shall apply for the benefit of the IntScripts Parties, and that the IntScripts Parties’ liability to you shall be limited to the maximum extent permitted by applicable law.
Dispute Resolution. This Agreement specifically excludes the application of the Uniform Computer Information Transactions Act. In the event any dispute arises under or in connection with this Agreement, the Parties agree to participate in non-binding mediation, which shall be conducted telephonically or via video-conference, at the discretion of IntScripts. The Party seeking relief regarding such dispute shall notify the other Party of the dispute under this section, which shall constitute a request to commence mediation. Within thirty (30) days after the notice required under this section has been provided to the other Party, IntScripts shall appoint a mediator who has experience mediating any type of consumer claims and is a member in good standing of the Florida Bar. IntScripts shall be responsible for compensating the mediator for the provision of such mediation services. The mediator shall conduct the non-binding mediation within sixty (60) days after being appointed. The parties agree neither party may institute any judicial proceeding regarding a dispute arising in connection with this Agreement, unless the party seeking relief has (i) first complied with the requirements of this dispute resolution provision, and (ii) thereafter filed the judicial proceeding in compliance with the Choice of Law; Exclusive Venue section below.
EACH PARTY EXPRESSLY WAIVES ALL RIGHTS TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE ARISING UNDER OR RELATED TO THIS THIS AGREEMENT. EACH PARTY EXPRESSLY WAIVES ALL RIGHTS TO COMMENCE OR BECOME A PARTY IN A CLASS ACTION FILED AGAINST THE OTHER PARTY.
Notwithstanding the type of any cause of action you may seek to bring in connection with this agreement, any cause of action brought by you against any IntScripts Parties must be instituted within the Exclusive Venue and commenced within one (1) year after the cause of action arises or be deemed forever waived and barred.
IntScripts is not a Healthcare Provider and does not engage in the practice of medicine. All information that is provided by or on behalf of IntScripts, whether via the Portal or through any other means, (i) is made available solely for general informational purposes, and (ii) is not made available for the purpose of providing medical advice to or for anyone. IntScripts is not responsible for the accuracy of any data or medical information provided via the Portal. You should not rely on the materials in deciding on a treatment plan, drug usage, or any other medical advice regarding the materials. You always should consult with a physician in connection with any and all treatment options that may be available to you.
You are cautioned that the Portal is never intended to be used in respect to any potential urgent matters or emergencies. Do not send communications through the Portal that require urgent attention. If you believe a medical emergency exists, you immediately should telephone your Healthcare Provider’s office directly, go to the nearest emergency room, or call 911. Nothing contained in the Portal is or should be considered, or used as a substitute for, individual medical advice, diagnosis or treatment.