HIPAA Compliance Patient Consent Form
The terms of the notice may change, if so, you will be notified at your next login or visit to the iTrust.io website to update your acknowledgement and/or electronic consent signature prior to using the website.
You have the right to restrict how your protected health information is used and disclosed for treatment, payment or healthcare operations, including its storage, transmission and communication. We are not required to agree with your restriction, but if we do, we shall honor this agreement under those terms. The HIPAA (Health Insurance Portability and Accountability Act of 1996) law allows for the use of the information for treatment, payment, or healthcare operations including your health care providers use of iTrust.io to store, transmit, or communicate your PHI in various ways using iTrust website services.
By signing this form, you consent to our use and disclosure of your protected healthcare information and potentially anonymous usage for research or publication. You have the right to revoke this consent in writing, signed by you. However, such a revocation will not be retroactive.
By signing this form, I understand that:
Protected health information may be disclosed or used for treatment, payment, or healthcare operations, digital storage communications and/or transmissions.
iTrust.io and covered Health Care Professional have the right to restrict the use of the information, but the iTrust.io does not have to agree to those restrictions.
The patient has the right to revoke this consent in writing at any time and all full disclosures will then cease.
iTrust.io may condition its website services, storage, communication, and transmission of PHI upon execution of this consent.
iTrust.io may phone, email, or send a text to you to confirm appointments
iTrust.io may leave a messages on your home phone or on your cell phone
iTrust.io may communicate or transmit PHI to, with and for your health care provider for treatment, payment, or operations.
iTrust.io may we discuss your medical condition with any member of your family through iTrust.io website.
***PLEASE READ CAREFULLY***
Last Modified: 05/17/2018
BY LOGGING-IN, DOWNLOADING, INSTALLING, ACCESSING, OR OTHERWISE USING THE WEBSITE, SOFTWARE, OR SERVICES YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF SOUND MIND AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT (18 YEARS OF AGE OR OLDER); AND (C) ACCEPT AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT LOG-IN, DOWNLOAD, INSTALL, ACCESS, OR OTHERWISE USE THE WEBSITE OR ANY RELATED WEBSERVICES.
CHANGES TO THIS AGREEMENT
We reserve the exclusive right to make changes to this Agreement from time to time. Your continued access to and use of the Website constitutes your agreement to be bound by, and your acceptance of, the terms and conditions posted at such time. You acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you sign into your account, access, or use the Website. Therefore, we encourage you to review this Agreement regularly.
If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance to the amended terms by providing us with written notice of your withdrawal to the email address provided in Section 28 herein. Upon providing us with the written notice of the withdrawal of your acceptance, you are no longer authorized to access or use the Website or Web Services and you must delete it from your Computing Device.
1. License Grant. Subject to the terms of this Agreement, iTrust grants you a personal, limited, non-exclusive, revocable, and non-transferable license to:
(a) Use, download, and install the Website and related services on a computer or mobile computing device that is owned or otherwise controlled by you (“Computing Device”) strictly for your own, or your offices approved commercial use; and
(b) access, view, and use on such Computing Device, the iTrust Content (as defined in Section 5) made available in or otherwise accessible through the Website, strictly in accordance with this Agreement, and any other terms and conditions applicable to such Content as set forth in Section 5.
2. License Restrictions. You shall not:
(a) copy the Website, software, nor related services, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website, or related services, its content or any of its parts;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Website, its processes or any of its parts;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Website, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website, related services, or any features or functionality of the Website, to any third party for any reason, including by making the Website available on a network where it is capable of being accessed by more than one user device without creating unique user accounts for each user in accordance with this Agreement; or
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Website or related services.
3. Use of the Website; Account Security; Payment.
(a) ITRUST IS A SOFTWARE COMPANY. ACCORDINGLY, ITRUST IS NOT A CARE PROVIDER OF ANY TYPE AND DOES NOT OFFER OR PROVIDE ANY HEALTH, NURSING, SERVICES, CARE, SERVICES, DIAGNOSES, OR ADVICE OF ANY KIND.
(b) The Website is intended specifically to collect, store, and securely transmit information and data about the, evaluation, treatment, care and diagnosis that a person receives at a End User practitioner or practitioners office. (the “Care Receiver”) On an ongoing basis from a person providing the care (such as, for example, an optometrist; the “Health Care Provider” or “Covered Entity”) and/or spouses, family members, friends, or loved ones of the Care Receiver, or other individual individuals interested in the Care Receiver’s wellbeing (each a “Approved Receiver User”)
(c) The information may be input into the Website either by i) the Health Care Provider who is using the Website (the “Provider User”); ii) and/or the Care Receiver using the Website (each a “Care Receiver User”). Each user of the Website, whether a Provider User or a Care Receiver User, may be referred to as an “End User”.
(d) In addition to collecting and storing information about the care offered to, or received by, a Care Receiver User, the Website (i) makes the information available to the Health Care Provider, the Care Receiver User; and (ii) facilitates the efficient communication and coordination between Health Care Provider, Care Receiver Users, and Approved Receiver Users, in connection with the health care services offered to, or received by, the Care Receiver User. Specifically, the Website allows users to:
(i) Record notes, events, actions, tasks, dates, and updates in connection with the personal health care of a Care Receiver User;
(ii) Create and update schedules in connection with the personal health care of a Care Receiver User;
(iii) Communicate with other End Users about the personal health care of a Care Receiver;
(iv) Upload, store, and view documents (such as, for example, forms, legal documents, and charts), notes and arrangements (collectively, “Documents”) related to Care Receiver User treatment, payment or file, that are provided by the any or all of the End Users;
(v) Store and share relevant research articles, academic articles, and general educational materials about providing personal health care and about healthcare in general; and
(vi) Post or communicate information to forums or groups of End Users of the Website including Approved Receiver Users and communicate with those users individually or as a group.
(e) To access and use the Website (or any other services offered), whether as a Care Receiver User, Health Care Provider User, or Approved Receiver User, you must register for a unique, individual user account (an “Account”).
(f) To create your Account and generally use the Website, you may be asked to provide us with at least the following information (along with any fields or data marked as mandatory as part of the Account creation process):
(i) Your Company name, or first and last name;
(ii) Your office and mobile telephone number;
(iii) Your email address, and physical address.
(iv) If any paid features of the Website are enabled and desired by you, a Credit or Debit card or other payment method that iTrust will utilize to collect payment from you for in Website services that you use or request.
(g) All payments for any Website fees that are made by you through the Website are collected by iTrust via the payment method that you provided through your Account. By selecting or enabling a paid service and/or by confirming your desire to make the payment in the Website, you expressly authorize iTrust to immediately withdraw funds from your account and/or charge your payment card (as applicable) in the amount selected by you. If the paid service or feature that you request is on-going and subject to recurring payments, you expressly authorize iTrust to withdraw funds from your account and/or charge your payment card on a recurring basis until you affirmatively stop, cancel, or remove the paid service or feature in accordance with this Agreement (or until such paid service or feature is terminated by us).
(h) All amounts paid by you to iTrust or through the Website are final.
(i) You are responsible for keeping your Account, password, and disclosed information secure. You agree to notify us immediately of any unauthorized access to or use of your Account, user name, Care Receiver User information, or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account so as not to provide third parties with Account credentials.
(j) All of the data, text, information, graphics, images, charts, records, Documents, schedules, photographs, profiles, audio and video files, links and other content and materials (collectively, “Data”) that is uploaded, submitted, stored, and/or transmitted through the use of the Website by an End User shall be owned by that End User.
(k) You acknowledge and agree that (i) the Website is intended, and is provided by us, as a neutral venue for storing and securely sharing of personal information and protected health care information as defined by Health Insurance Portability and Accountability Act (HIPAA) between End Users; (ii) the services provided by the Website are dependent upon factors that may be outside of our control, including but not limited to, the operation of third party provided hardware and network services; (iii) the information that is available to you via the Website is provided by you or other End Users; (v) there may be occasional communication failures or delays in the delivery or receipt of properly sent information and communications; and (vi) the Website and related services are not medical devices or intended for emergency medical delivery of information and are not expected to perform as such, depending on such third party functionality as your computing device, internet connectivity, and hardware or data storage facilities, cannot guarantee real time or instantaneous delivery, access or transmission of health care and protected health information.
(l) We have the right to disable any Account at any time if, in our sole opinion, you have violated any provision of this Agreement or if your continued use of the Website may cause harm to iTrust, other End Users, or to any other third party.
(m) We reserve the right to change, suspend, disable, or delete any features or functionality of the Website at any time and without notice.
1. SMS Text Message Updates.
(n) By using the Website, you give your consent and authorize us to send SMS text messages to the mobile number you have provided using an automatic telephone dialing system.
(o) As part of our Services, we may send you SMS text messages to notify you of: information sent to your Account by us and other End Users.
(p) You understand that your mobile phone service provider may charge you fees for text messages that we send you, and you agree that we shall have no liability for the cost of any such text messages.
(q) You are not required to authorize SMS text messages to utilize the Website, and you may withdraw your consent at any time. To withdraw your consent, simply change your notification settings in the Website or reply “STOP” to any text message you receive from us. You may also contact us by telephone or send your request to: support@iTrust.io
2. Reservation of Rights; Content.
(n) You acknowledge and agree that the Website is provided under license, and not sold, to you. You do not acquire any ownership interest or any other rights in the Website under this Agreement, other than to use the Website in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Except as expressly granted in this Agreement, iTrust reserves and shall retain all rights, title, and interest in the Website and iTrust content, including all copyrights and copyrightable subject matter, trademarks and trademarkable subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights, both now in existence or that may be created, relating to the thereto. The Website may provide you with access to information, data, functionality and content (collectively, “ITrust Content”) available and/or accessible through or via the Website. Your access to and use of such iTrust content is governed by this Agreement.
(o) The Website may make available to you one or more public forums in which you may interact with other End Users. You may have the ability to post information, images, data, and/or other multi-media content (collectively, “End User Public Content”) to such public forums. You hereby grant to iTrust a sole, irrevocable, perpetual, worldwide, fully paid up, royalty free license to utilize any End User Public Content uploaded or posted by you to, or through the use of, the Website.
(p) The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Our Copyright Policy is applicable to the Website and is expressly incorporated into this Agreement. Our Copyright Policy is available here: www.iTrust.io/copyright-policy.
3. End User Provided Materials. You acknowledge and agree that iTrust is not responsible for the accuracy, completeness, correctness, timeliness, validity, copyright compliance, legality, decency, formatting, quality, availability, or any other aspect of materials, information of Data uploaded to the Website by you or any End User (collectively, the “End User Provided Materials”). ITRUST DOES NOT ASSUME AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY TO YOU, ANY END USER, OR ANY OTHER PERSON OR ENTITY FOR ANY END USER PROVIDED MATERIALS.
(n) The Website is designed to allow End Users to manually input End User Provided Materials into the Website for their own use and benefit. The Website is made specifically to provide Health Care Providers with general information about their patients, Care Receiver Users, practice logistics of day-to-day operation to provide care of a Care Receiver User, for convenience of all End Users. The Website therefore functions as an electronic medical records system or a system that stores or transmits Protected Health Information as defined under the Health Insurance Portability and Accountability Act (HIPAA). Furthermore, due to the nature of the Website and services provided by it, the Website is not a Covered Entity however is a Business Associate of a Covered Entity as defined by HIPAA, and is bound by and complies with HIPAA and its privacy rules,
(o) If you elect to upload or store any Protected Health Information (whether your own or of any Care Receiver User or any third party), you acknowledge and agree that (i) you have the required authorizations to possess, view, access, and upload such End User Provided Materials (and, if applicable, to share them with the User Circle and any Care Receiver User); and (ii) you are uploading and storing such Protected Health Information you have agreed to a HIPAA Consent Form or a Covered Entity Business Associate Agreement and do so under the terms and conditions thereof, specifically incorporated by reference herein.
5. Collection and Use of Your Information.
(o) iTrust will comply with applicable data privacy laws, data breach laws and industry standards in the United States of America. iTrust and any subcontractors to whom Data is provided shall maintain a comprehensive data security program, which shall include reasonable and appropriate technical, organizational and security measures against the destruction, loss, unauthorized access or alteration of Data in the possession of iTrust or its subcontractors, and which shall be (i) no less rigorous than those maintained by iTrust for its own information of a similar nature, and (ii) no less rigorous than typical security standards in the industry.
6. Geographic Restrictions. The Website and iTrust content are based in the State of Massachusetts in the United States and are provided primarily for access and use by persons located in the United States. While you may have the ability to access the Website from outside the United States, iTrust is NOT responsible for compliance with local laws, customs, or directives outside of the United States. You acknowledge that you may not be able to access the Website or all or some of the iTrust content outside of the United States and that access outside the United States may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you are responsible for compliance with local laws.
7. Updates. iTrust may from time to time in its sole discretion develop and provide Website updates. These updates may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. iTrust has sole discretion to issue updates. You agree that iTrust has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Computing Device settings, when your Computing Device is connected to the internet either:
(n) the Website will automatically download and install all available Updates; or
(o) you may receive notice of or be prompted to download and install available Updates.
You agree to promptly download and install all Updates and acknowledge and agree that the Website or portions of the Website may not properly operate should you fail to do so. You further understand and agree that all Updates will be deemed part of the Website and be subject to all terms and conditions of this Agreement.
10. Third Party Materials. The Website may display, include or make available third-party content (including data, information, Websites, and other products, services, and/or materials) or provide links to third-party websites or services (“Third Party Materials”). You acknowledge and agree that iTrust is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. ITRUST DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY THIRD PARTY MATERIALS. Third Party Materials and links are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
1. Term and Termination.
(a) The term of Agreement commences when you log-in to the Website and will continue in effect until terminated by you or by iTrust as set forth in this Section 12.
(b) You may terminate this Agreement by deleting the Website and all copies from your Computing Device.
(c) ITrust may terminate this Agreement at any time, without notice, and for any reason. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will be terminated; and
(ii) you must cease all use of the Website and delete all copies of the Website from your Computing Device and account.
(iii) iTrust shall return any charts or Protected Health Information stored on the Website.
(e) Termination will not limit any of iTrust’s rights or remedies at law or in equity.
(a) iTrust represents and warrants that it has the proper rights and authority to grant the license to you to utilize the Website.
(b) You represent, warrant, and covenant that:
(i) you shall at all times comply with applicable laws, regulations, and government directives in your use of the Website and in your communication with other End Users and any other third parties via or through the use of the Website;
(ii) you have obtained all required permissions and authorizations that may be necessary from all appropriate parties (including, without limitation, each Care Receiver User and, if applicable, each other Care Providers or Covered Entities) in order to use the Website, iTrust content, and End User Provided Materials;
(iii) you have obtained and have available, at all times, a valid copy of any written authorization of a Care Receiver User, if necessary, in order for you to possess, view, access, input, upload, download, discuss, and/or share with any other party (including any Care Provider or Covered Entity) that Care Receiver User’s information via or through the use of the Website;
(iv) all End User Provided Materials that you input or upload to the Website are either owned by you, or have been lawfully obtained by you, and that you have all of the necessary authorizations from the appropriate parties to possess, view, access, and upload such End User Provided Materials (and, if applicable, to share them with the User Circle and any Care Receiver User); and
(v) your use of the Website does not and will not conflict with, or infringe upon, the rights any Care Receiver User, other Care Provider User, Covered Entity, or any third party.
3. Disclaimer of Warranties.
(a) THE WEBSITE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ITRUST, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, ITRUST PROVIDES NO WARRANTY AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, WEBSITES, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
(b) ITRUST DOES NOT PROVIDE, OR FACILITATE THE PROVISION OF, ANY PERSONAL CARE OR HEALTH CARE SERVICES. ACCORDINGLY, ITRUST MAKES NO REPRESENTATIONS AND DISCLAIMS ANY AND ALL WARRANTIES IN CONNECTION WITH ANY TYPE OF CARE SERVICES PROVIDED TO, OR RECEIVED BY, ANY CARE RECEIVER USER.
(c) ITRUST ADDITIONALLY MAKES NO REPRESENTATIONS AND DISCLAIMS ANY AND ALL WARRANTIES IN CONNECTION WITH ANY CARE SERVICES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE ACCURACY, COMPLETENESS, APPROPRIATENESS, RELIABILITY, TIMELINESS, USABILITY, AVAILABILITY, OR ANY OTHER QUALITY OF SUCH ANY SUCH SERVICES) THAT YOU MAY INTERACT WITH THROUGH THE USE OF THE WEBSITE.
(d) ITRUST MAKES NO REPRESENTATIONS AND DISCLAIMS ANY AND ALL WARRANTIES AS TO THE SKILL SET, COMPETENCY, AVAILABILITY, OR ANY OTHER QUALITY OF ANY PARTY (INCLUDING ANY END USER) WHO MAY UTILIZE THE WEBSITE IN CONNECTION WITH PROVIDING SERVICES TO YOU OR TO ANY CARE RECEIVER USER.
(e) ITRUST MAKES NO REPRESENTATIONS AND PROVIDES NO WARRANTIES OF ANY KIND AS TO THE ACCURACY, COMPLETENESS, APPROPRIATENESS, RELIABILITY, TIMELINESS, USABILITY, AVAILABILITY, OR ANY OTHER QUALITY, OF ANY END USER PROVIDED MATERIALS IN UTILIZING THE WEBSITE.
4. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ITRUST OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE WEBSITE, THE ITRUST CONTENT, OR ANY ASSOCIATED SERVICES FOR:
(a) PERSONAL INJURY, WRONGFUL DEATH, PERSONAL OR PROFESSIONAL NEGLIGENCE, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF GOODWILL, BREACH OF PRIVACY, UNAUTHORIZED ACCESS OF YOUR DATA BY THIRD PARTIES, LOSS OF DATA, BUSINESS INTERRUPTION, COMPUTING DEVICE FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES;
(b) UNDER NO CIRCUMSTANCES WILL ITRUST, OR ANY OF OUR AFFILIATES BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR 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) USE OF THE WEBSITE OR ANY SERVICES OFFERED THEREON, (2) RELIANCE ON ITRUST CONTENT OR END USER PROVIDED MATERIALS BY YOU OR ANYONE USING YOUR PASSWORD, OR (3) 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.
(c) IN NO EVENT SHALL ITRUST’S LIABILITY FOR ANY DAMAGES UNDER THIS AGREEMENT, IN THE AGGREGATE, EXCEED THE LESSER OF (1) THE AMOUNT ACTUALLY PAID BY YOU FOR THE USE OF THE WEBSITE WITHIN THE IMMEDIATE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (2) $1,000.00. THIS SECTION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES HEREUNDER.
(d) THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Additional Disclaimers and Limitations of Liability. IN NO EVENT SHALL ITRUST BE LIABLE TO YOU OR TO ANY CARE RECEIVER USER FOR ANY DAMAGES WHATSOEVER THAT ARISE OUT OF, OR THAT ARE IN CONNECTION WITH CARE RECEIVER’S USE OF (OR INTERACTION WITH), ANY HEALTH CARE PROVIDER OF ANY KIND, OR OTHER CARE SERVICES, INCLUDING, BUT NOT LIMITED TO:
(a) PERSONAL INJURY OR DEATH, WHETHER INVOLVING YOU, A CARE RECEIVER, OR A THIRD PARTY;
(b) ANY ACT OR OMISSIONS OF A PERSON OR PERSONS WHO PROVIDE CARE SERVICES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY SUCH PERSONS.
(c) BREACH OF A CARE RECEIVER USER PRIVACY OR CONFIDENTIAL INFORMATION BY ANY END USER OR THIRD PARTY;
(d) INABILITY TO ACCESS OR USE (OR ANY DELAYS IN THE USE OF) THE WEBSITE, ANY FEATURES OF THE WEBSITE, ITRUST CONTENT, OR END USER PROVIDED MATERIALS, TO UTILIZE OR OBTAIN HEALTH CARE SERVICES FOR ANY REASON, EVEN IF IT IS DUE TO A MALFUNCTION OF THE WEBSITE;
6. Indemnification. You agree to indemnify, defend and hold harmless iTrust and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: i) your use or misuse of the Website; ii) your failure to comply with any applicable law, regulation, or government directive; iii) your breach of this Agreement; or iv) your agreement or relationship with any Care Receiver User, Health Care Provider, Caregiver, Approved Receiver User, or any third party. Furthermore, you agree that the iTrust assumes no responsibility for the information or content you submit or make available through this Website or the content that is made available to you by third parties.
7. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
18. Dispute Resolution.
(a) You acknowledge and agree that any controversy or claim arising out of, or in any way related to, this Agreement, will be settled exclusively by binding arbitration. Such arbitration proceeding shall be conducted in Miami Dade County, Florida before a single arbitrator, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration award will be valid and binding upon the parties, and judgment may be entered and enforced as a final judgment in any court with competent jurisdiction.
(b) Claims by the iTrust for injunctive relief or other equitable relief may be filed in the state or federal courts of Miami Dade County, Florida (or any other jurisdiction selected by iTrust for such action) for an order effective until the conclusion of arbitration and enforcement of the arbitration award. Such claims may be filed without a good faith attempt to resolve the issues underlying such claims.
2. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule.
3. You agree that any action, or proceeding that you bring against iTrust arising out of or related to this Agreement or the Website that must be brought in a court of law for any reason shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in Miami Dade County, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Nothing in this Section 21 shall modify or supplant the dispute resolution methods, including binding arbitration, set forth in Section 19, which is intended to be the preferred and exclusive dispute resolution method among and between the Parties. Furthermore, you acknowledge and agree that iTrust may bring any action or proceeding to enforce this Agreement, and equitable remedies available to it, in any court or venue with jurisdiction.
4. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
6. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
7. No Employment or Agency Relationship. No provision of this Agreement, or any part of relationship between you and iTrust, is intended to create nor shall they be deemed or construed to create any relationship between you and iTrust other than that of and end user of the Website and services provided.
8. Equitable Relief. You acknowledge and agree that your breach of this Agreement would cause iTrust irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which iTrust may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent the actual, threatened or continued breach of this Agreement.
9. Headings. The headings in these Agreement are for reference only shall not limit the scope of, or otherwise affect, the interpretation this Agreement.
10. Comments, Concerns and Notifications. The Website is operated by iTrust.io, LLC. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: contact@iTrust.io
***PLEASE READ CAREFULLY***
Last modified: 05/17/2018
2. Children Under The Age Of 18.
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect Personal Information (as defined below) from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features; register on the Website; make any purchases or conduct any transactions through the Website; use any of the interactive or public comment features of this Website; or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn that we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at contact@iTrust.io
i. Information we collect on this Website and in email, text, and other electronic communications sent through this Website;
ii. Information or data that you input or upload to the Website; and
iii. In your interactions with us through the Website.
i. Information collected by us offline or through any other means, including on any other website or application operated by us or any third party (including our affiliates and subsidiaries);
ii. Information collected by any third party services that may link to or be accessible from or on the Website; or
iii. Information you provide to any third parties.
4. Information We Collect About You and From You.
We collect several types of information from and about users of our Website including:
a. Non-Personal Information: From Users of the Website (“End Users”): Information that is about you, but individually does not identify you, such as your IP address; domain server; internet browser; equipment; devices used to access the Website; and Website usage details (“Non-Personal Information”);
b. Personal Information: Information by which you may be personally identified, if you provide it to us, such as your name; postal address(es) (street number, city, state, zip code, country); e-mail address; telephone number; payment information (e.g., credit card number); and any other identifier by which you may be contacted online or offline (“Personal Information”); and
c. Aggregate Information: Information that may be derived from Personal Information, but that is combined, stored, and presented in manner that does not identify you or any other user of the Website individually (“Aggregated Information”).
d. Protected Health Information: Information medical or health records, You or your health care provider discloses, stores, transmits or otherwise exchanges with the Website that is for treatment, payment or health care provider practice operations, which by doing so you may be personally identified or associated with such health records and information that is protected by the Health Insurance Portability and Accountability Act of 1996 or its relevant regulations ("HIPAA"). (“Protected Health Information”)
5. How We Collect Information From You or About You.
a. We collect this information:
i. Directly from you when you provide it to us, including when you input information into your Account;
ii. Automatically as you navigate through the Website. Information collected automatically may include usage details; contents of an e-mail or direct message sent through the Website; IP addresses and information collected through cookies; web beacons; and other tracking technologies;
iii. From third parties, for example, our partners or outside parties who provide services to you through or via the Website.
a. Information You Provide to Us. The information we collect on or through our Website may include:
i. Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, purchasing any products via the Website, subscribing to any services, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website;
ii. Text, photographs, videos, sound recordings, and any other multi-media content that you may upload to the Website or to which you grant iTrust with access;
iii. Records and copies of your correspondence (including e-mail addresses), if you contact us;
iv. Your responses to surveys that we might ask you to complete for research purposes;
v. Details of transactions you carry out through our Website. You may be required to provide financial information before placing an order through our Website;
vi. Contents of an e-mail or direct message sent through the Website;
vii. Your search queries on the Website; and
viii. viii.Certain information (including Aggregated Information) or data collected about your use of the Website or regarding a category of products, services, or users.
c. Information You Publically Post to the Website. You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website (the “User Contributions”). You may keep your User Contributions anonymous to other users of the Website simply by not posting information that identifies you. You acknowledge and agree, however, that when you post or transmit your User Contributions through the Website, you do so at your own risk. Additionally, we cannot control the actions of other users of the Website with whom you may choose to interact with or share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
a. Automatic Information Collection and Tracking. As you navigate through and interact with our Website and other Users, we may use automatic data collection technologies to collect certain information about your computer equipment, browsing actions and patterns, including:
i. Usage Details. When you access and use the Website, we may automatically collect certain details of your access to and use of the Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Website.
ii. Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
iii. Stored Information and Files. The Website may also access metadata and other information associated with other files on your device, if you grant access to such files and information to the Website. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
iv. Location Information. This Website collects real-time information about the location of your computer or device.
e. Automatically Collected Personal Information. The information we collect automatically is statistical data and may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
i. Estimate our audience size and usage patterns;
ii. Store information about your preferences, allowing us to customize our Website according to your individual interests;
iii. Speed up your searches; and
iv. Recognize you when you return to our Website.
f. Technologies Used By Us. The technologies we use for this automatic data collection may include:
ii. Web Beacons. Certain aspects of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited certain pages or areas of the Website or opened an e-mail and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).
b. We do not control these third parties' tracking technologies or how they may be used however restrictions and proper measures are taken to ensure protections of Protected Health Information from such third party use of these technologies on the Website.
7. How We Use Your Information.
a. We use information that we collect about you or that you provide to us, including any Personal Information:
i. To present our Website and its contents to you;
ii. To provide you with information, products or services that you request from us;
iii. To provide you with notices about your Account;
iv. To improve our Website or any products or services we offer or provide through it;
v. To facilitate transactions you are involved in as a User;
vi. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
vii. To notify you about changes to our Website or any products or services we offer or provide though it;
viii. viii.To allow you to participate in interactive features on our Website;
ix. In any other way we may describe when you provide the information;
x. To fulfill any other purpose for which you provide it; and
xi. For any other purpose with your consent.
b. We may also use your information to contact you about our own and third parties' goods and services that may be of interest to you.
c. We may use the information we have collected from you for general commercial purposes. For example we may use collected information for review of Website function and efficiency.
8. Disclosure of Your Information.
a. We may disclose Aggregated Information about our users and information that does not identify any individual, without restriction.
b. We do not disclose Protected Health Information for further use other than that which is permitted by law.
i. To our subsidiaries and affiliates for the purpose of making the Website and webservices available to you and to provide associated services to you;
ii. To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information and Protected Health Information confidential and use it only for the purposes for which we disclose it to them;
iii. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of iTrust’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by iTrust about our Website users is among the assets transferred;
iv. To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep Personal Information and Protected Health Information confidential and use it only for the purposes for which we disclose it to them.
v. To fulfill the purpose for which you provide it. For example, if you use our Website to send a direct message, we will transmit the contents of that direct message and your name to the recipient;
vi. For any other purpose disclosed by us when you provide the information; and
vii. For any other purpose with your consent.
d. We may also disclose your Personal Information:
i. To comply with any court order, law or legal process, including responding to any government or regulatory request;
iii. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
9. Choices About How We Use and Disclose Your Information
a. We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
ii. Location Information. You can choose whether or not to allow the Website to collect and use real-time information about the location of your computing device through the device's location and/or privacy settings. If you block the use of location information, some parts of the Website may then be inaccessible or not function properly.
iii. Promotional Offers from the Us. If you do not wish to have your e-mail address used by the us to promote our own or third parties' products or services, you can opt-out by clicking the “unsubscribe” link contained in these emails; checking the relevant box on the Registration Form; or by logging into the Website and adjusting your user preferences in your account profile; If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to us as a result of a product purchase or other transactions conducted by you via the Website.
b. If you access any links to third party websites available to you via the Website or utilize any services through the Website that are provided by third parties, you will be subject to such the policies of those third parties. We do not control third parties’ collection or use of your information (including information related to interest-based advertising). However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's Application.
10. Accessing and Correcting Your Information.
a. You can review and change your Personal Information by logging into the Website and visiting your account profile page.
b. You may also send us an e-mail at contact@iTrust.io to request access to, correct or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
11. Your California Privacy Rights.
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to contact@iTrust.io.
12. Data Security.
a. We have implemented reasonable security measures designed to protect your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. Further we have taken additional measures require by Health Insurance Portability and Accountability Act (HIPAA) and other related regulations to protect Personal Information linked to Protected Health Information as well as necessary security of storage and encrypted transfer of the Protected Health Information itself. Data and records regarding your registration with and use of the Website will be retained for a reasonable period of time. All information you provide to us is stored in an encrypted format on and hosted on secure servers to the standards required by HIPAA and Health Information Technology for Economic and Clinical Health (HITECH) regulations. These facilities may be operated by us or by our third-party service providers. By using the Website, you consent to having your Personal Information stored, transferred, and processed by these facilities. Any payment transactions will be encrypted using SSL technology.
b. iTrust provides services to End User practitioners and patients and is intended to be a service electronic medical records system, or a system that stores or transmits Protected Health Information as defined under the Health Insurance Portability and Accountability Act (HIPAA). The Website stores and transmits personally identifiable or aggregate patient or other medical information defined as Protected Health Information ("PHI") in the Health Insurance Portability and Accountability Act of 1996 or its relevant regulations ("HIPAA") and otherwise meets the definition defined in the HIPAA Privacy Standards (45 CFR Parts 160 and 164), and iTrust shall take the following measures to ensure protection of such PHI.
(a) iTurst Recognize that HITECH (the Health Information Technology for Economic and Health Act of 2009) and the regulations thereunder (including 45 C.F.R. Sections 164.308, 164.310, 164.312, and 164.316), apply to it as an business associate of a covered entity in the same manner that such sections apply to the covered entity;
(b) iTrust does not use or further disclose the PHI, except as permitted by law;
(c) iTrust does not use or further disclose the PHI in a manner that had you done so, would violate the requirements of HIPAA;
(d) iTrust use appropriate safeguards (including implementing administrative, physical, and technical safeguards for electronic PHI) to protect the confidentiality, integrity, and availability of and to prevent the use or disclosure of the PHI other than as provided for by this Agreement;
(e) iTrust will comply with each applicable requirements of 45 C.F.R. Part 162 if the Business Associate conducts Standard Transactions for or on behalf of the Covered Entity;
(f) iTrust shall report promptly to you, practitioners, End User, or proper Covered Entity any security incident or other use or disclosure of PHI not provided for by this Privacy Notice of which iTrust becomes aware;
(g) Ensure that any subcontractors or agents who receive or are exposed to PHI (whether in electronic or other format) are explained the obligations under HIPAA and this paragraph, and agree to the same restrictions and conditions;
(h) iTrust shall make available PHI in accordance with the individual’s rights as required under the HIPAA regulations;
(i) Account for PHI disclosures for up to the past six (6) years as requested by the proper End User, which shall include: (i) dates of disclosure, (ii) names of the entities or persons who received the PHI, (iii) a brief description of the PHI disclosed, and (iv) a brief statement of the purpose and basis of such disclosure; (j) Make its internal practices, books, and records that relate to the use and disclosure of PHI available to the U.S. Secretary of Health and Human Services for purposes of determining Customer’s compliance with HIPAA; and
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the Website and computing devices is not completely secure. Although we strive to protect your Personal Information and Protected Health Information, we cannot guarantee the security of your personal information transmitted on our Website. Any transmission of personal information is at your own risk with the consideration we have taken necessary and proper steps to protect the secure storage and transfer of your information. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
13. Contact Information.
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