LEGAL DISCLAIMER
Medusind Inc. (collectively, “Company”, “We”, “Our” or “Us”) owns the Medclarity® Practice Manager Platform (the “Software”). Access to the Software is made available to medical practices, clinics, hospitals, industry groups, and other institutions and businesses (collectively, “You” or “Your”) who enter into a service agreement (“Service Agreement”) and a Business Associate Agreement (“BAA”) with Us.
In addition to the terms and conditions applicable to You under the Service Agreement and the BAA, by clicking on the “Login” button, You are agreeing to be bound by the contents of this Legal Disclaimer.
BEFORE AGREEING, YOU ARE PRESUMED TO HAVE READ AND CAREFULLY UNDERSTOOD THE FOLLOWING CONTENTS CONTAINED IN THIS LEGAL DISCLAIMER AS THEY GOVERN THE PRIVACY OF THE INFORMATION UNDER THE SOFTWARE. COMPANY IS WILLING TO ALLOW ACCESS TO AND USE OF THE SOFTWARE ONLY ON THE CONDITION THAT YOU AGREE AND ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED BELOW.
We reserve the right to change the terms of this Legal Disclaimer at any time without notice.
To gain access to and use the Software, We will provide user name and password (“Access Code”) to You and to persons authorized by You (“Authorized User(s)”). You will be responsible for all the activities occurring as a result of the use of the Software during the time when You or Your Authorized User (s) has logged-in through the Access Code. Thus, You and Your Authorized User(s) must keep Your Access Code confidential and must not share it with third parties/ unauthorized users.
COMPANY HAS NO OBLIGATION, RESPONSIBILITY OR LIABILITY WITH RESPECT TO YOUR OR YOUR AUTHORIZED USER(S) USE, DISTRIBUTION, DISCLOSURE, OR MANAGEMENT OF ACCESS CODE AND THE RESULTING ACCESS FROM SUCH USE.
You and Your Authorized User(s) agree, understand and acknowledge that while having access to the Software, You and Your Authorized User(s) will be exposed to the confidential contents including but not limited to the Protected Health Information (“PHI”) as defined under the BAA and Health Insurance Portability and Accountability Act 1986 (“HIPAA”). The Software enables You to implement reasonable security features but it is Your responsibility to implement and ensure implementation where necessary, of administrative, physical, and technical safeguards to adequately protect the confidentiality, integrity, privacy and security of such contents while having access to the Software. Except as expressly provided otherwise, You will protect the privacy and integrity of the contents including PHI accessed by the use of this Software, and to protect against theft, unauthorized reproduction or loss of any contents that You or your Authorized User(s) is utilizing; You acknowledge and agree that Company cannot give any warranties in this respect.
COMPANY ASSUMES NO RESPONSIBILITY FOR ANY BREACH INCLUDING BUT NOT LIMITED TO BREACH OF PHI (AS DEFINED IN HIPAA 45 CFR 164.402) WHILE YOU OR YOUR AUTHORIZED USER(S) WERE LOGGED IN THROUGH THE ACCESS CODE PROVIDED TO YOU AND YOUR AUTHORIZED USER(S).
You are strictly obliged and will be solely responsible to comply with the applicable statutes and regulations, including, but not limited to, HIPAA and the HIPAA rules with respect to the protection of contents including but not limited to PHI contained under the Software. Notwithstanding anything else contained otherwise to the contrary, in no event shall Company, its officers, directors, members, employees or agents be liable for any damages or expenses whatsoever, including without limitation any special, incidental, indirect or consequential damages of any kind related to the said breach.
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