Hubchart Blue Button 2 Web & Mobile Terms of Use

  

Welcome to Hubchart’s web and mobile experience. These Hubchart Web & Mobile Terms of Use (the “Terms”) apply to those websites and software applications (including mobile applications) that we operate and that contain a link to these Terms. By using our website and/or software applications you are agreeing to these Terms.

 

PLEASE READ THE FOLLOWING CAREFULLY. THIS IS AN AGREEMENT BETWEEN SYNCHRONY TELEMED LLC (“SYNCHRONY TELEMED,” “US” OR “WE”) AND THE USER—WHETHER AN INDIVIDUAL, PHYSICIAL PRACTICE ENTITY OR HOSPITAL ESTABLISHING AN ACCOUNT WITH SYNCHRONY TELEMED (“YOU” OR “YOUR”).

 

We may modify these terms at any time by posting the revised terms on our website and/or software application(s) (as applicable) and providing You with notice via electronic mail or other forms of electronic communication. You can determine when these terms were last revised by referring to the “last updated” legend at the bottom of these terms. Any modifications will be effective immediately upon such posting. Your use of or access to the website and/or applications after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these Terms shall not apply to any dispute between us arising prior to the date on which we post the revised Terms that contain such modifications.

 

DEFINITIONS

For purposes of these Terms, the following terms shall have the meaning set forth below:

 

"Content" means the audio and/or visual information, documents, software, products and services contained or made available to you in the course of implementing and using the Service (as defined below).

 

"Customer Data" means any data, information or material (including any of your confidential information) that you submit to us in the course of using the Service. This also includes the Medicare claims data you access using the Medicare BB2 API.

 

"HIPAA" means the Health Insurance Portability and Accountability Act of 1996, as amended, and all rules and regulations promulgated thereunder.

 

"Protected Health Information" shall have the meaning as provided for under HIPAA.

 

"Service" means the specific edition or module of Synchrony Telemed’s voice, online and mobile communication and information delivery management tools and applications, billing, or other services identified during the ordering process, developed, operated, and maintained by Synchrony Telemed, accessible via the telephone, mobile device application and website (http://www.hubchart.io), or another designated web site or IP address, or ancillary online or offline products and services provided to you by Synchrony Telemed, to which you are being granted access, subject to these Terms. Synchrony Telemed has the right to change the features or functionality of the Service at any time and from time to time, and may charge additional fees for such features and functionality.

 

LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE WEBSITE AND/OR APPLICATIONS, OR ANY OTHER HYPER-LINKED WEBSITE OR SOFTWARE APPLICATION (INCLUDING MOBILE APPLICATIONS), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE OUR MAXIMUM LIABILITY TO YOU IS LIMITED TO A REFUND OR REBATE OF CHARGES FOR SERVICES PAID BUT NOT RECEIVED.

 

DISCLAIMERS

INFORMATION ON THE APPLICATION AND/OR WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.

 

 

YOU ACKNOWLEDGE AND AGREE THAT FUNCTIONALITIES, CAPABILITIES OR SERVICES PROVIDED TO YOUR AUTHORIZED USER DIRECTLY BY THIRD PARTIES ("THIRD-PARTY SERVICES"), INCLUDING, WITHOUT LIMITATION, SERVICES THAT ARE INNATE TO A PARTICULAR MOBILE DEVICE (SUCH AS USE OF "Siri" DICTATION SERVICE ON AN iPHONE) ARE NOT PROVIDED BY US AND DO NOT CONSTITUTE "SERVICES" UNDER THIS AGREEMENT. YOU REMAIN SOLELY RESPONSIBLE FOR ADOPTING APPROPRIATE SAFEGUARDS WITH RESPECT TO SUCH THIRD-PARTY SERVICES (INCLUDING, WHERE APPROPRIATE, POLICIES AND PROCEDURES PROHIBITING AUTHORIZED USERS FROM USING CERTAIN THIRD PARTY SERVICES TO SEND, RECEIVE, MAINTAIN OR TRANSMIT PROTECTED HEALTH INFORMATION), AND FOR THE ACCURACY, SECURITY AND PRIVACY OF COMMUNICATIONS SENT, RECEIVED, MAINTAINED OR TRANSMITTED USING SUCH THIRD-PARTY SERVICES, INCLUDING, PUTTING IN PLACE BUSINESS ASSOCIATE AGREEMENTS WITH ANY SUCH THIRD PARTIES, IF REQUIRED BY HIPAA.

 

TEXTING AND OTHER COMMUNICATIONS OF PROTECTED HEALTH INFORMATION THAT YOU OR YOUR AUTHORIZED USERS REQUEST US TO RELAY OUTSIDE OF OUR COMMUNICATIONS PLATFORM (INCLUDING, FOR EXAMPLE, WHERE YOU OR AN AUTHORIZED USER REQUEST THAT WE RELAY A MESSAGE BY SMS TEXT AND/OR FORWARD MESSAGES TO A THIRD PARTY EMAIL SERVICE) POSE HEIGHTENED PRIVACY AND SECURITY RISKS. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE, AS PART OF YOUR HIPAA RISK ANALYSIS, WHETHER TO PROHIBIT OR PERMIT SUCH COMMUNICATIONS AND, TO THE EXTENT SUCH COMMUNICATIONS ARE PERMITTED, TO IMPLEMENT APPROPRIATE SAFEGUARDS (INCLUDING POLICIES, PROCEDURES AND TRAINING OF ALL AUTHORIZED USERS) TO MANAGE THESE RISKS TO A REASONABLE AND APPROPRIATE LEVEL CONSISTENT WITH HIPAA. IN SO REQUESTING US TO RELAY SUCH INFORMATION, YOU EXPRESSLY CONSENT TO THE DISSEMINATION OF SUCH INFORMATION AS DIRECTED BY YOU TO US.

 

HIPPA COMPLIANCE

While we offer various products and services that can significantly reduce privacy and security risks when used as part of your comprehensive HIPAA risk management plan, HIPAA compliance requires your active participation. Both Synchrony Telemed and you agree not to use or disclose individually identifiable information in violation of HIPAA. If you share your PHI or personal data with your provider, you acknowledge and agree that it is the responsibility of your provider to conduct a HIPAA risk analysis and maintain a comprehensive HIPAA risk management program that includes appropriate physical, technical and administrative safeguards (including training of authorized users on your policies and procedures) with regard to Protected Health Information (as defined by HIPAA), including without limitation as to the particular risk areas noted in the disclaimers below.

 

REGISTRATION INFORMATION

You agree to provide accurate, current, and complete information to register with the Service and as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. We may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that we may store and use the Registration Data you provide for use in maintaining your account and billing fees.

 

PRICING/BILLING

Your subscription term will automatically renew at the end of each month until you cancel your subscription or your use of the Service is terminated. Subject to any separate written agreement between you and Synchrony Telemed, we may change the pricing for our Service with thirty-five (35) days prior notice, such price change to be effective at the beginning of the next calendar month following the end of the thirty-five (35) day notice period. Your bill describes your charges (including any applicable sales tax) and may, from time-to-time, include other important information. You should read everything you receive in your billing statement. We bill base charges and all usage charges monthly, in arrears. You agree to pay your bill within thirty (30) days of the date of the bill. If we do not receive payment in full within such time period, we may, to the extent permitted by law, charge a late fee of up to 1½ percent a month (18 percent annually) or a flat $5 on unpaid balances, whichever is higher. We may also charge for any collection agency fees billed to us in trying to collect from you. You will be charged you up to $25 for any returned check. If you sign a credit card billing authorization that we accept, you are authorizing us to charge any amounts you owe us, then or later, and to demand immediate payment from the card issuer. If you pay online through our website at http://www.hubchart.io, that payment is made through the use of a third-party payment service vendor, and payment information you provide is sent directly to that third party payment service vendor. Please be aware that we do not control, nor are we responsible for, the privacy policies or information practices of any third parties. By using the payment service to make a payment, you authorize our payment service vendor to process payment transactions initiated by you through the payment service using your financial accounts that you designate. You agree that you are fully responsible for any such transactions and agree to only use financial accounts where you are an authorized user on the financial account. You authorize our payment service vendor to make any debits, withdrawals, charges or transfers from your financial account in the amount you ask for, including any surcharges or fees that may apply. In no event will we or our payment service vendor be liable to any party for any direct, indirect, special or other consequential damages arising out of any use of the payment service. When using the payment service, your entered payment method information will be protected by us and our payment service vendor.

 

GRANT OF LICENSE; RESTRICTIONS

We hereby grant you a non-exclusive, non-transferable right to use the Service, solely for your personal use, subject to these Terms. The Service is licensed to you, not sold, to you. All rights not expressly granted to you are reserved by us. Without limiting the generality of the foregoing, except as otherwise provided herein, you shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. You shall not knowingly use the Service to: (i) send spam or otherwise duplicative or unsolicited messages in  violation of applicable state and federal laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violate the privacy rights of third parties; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

 

TERMINATION/SUSPENSION

You acknowledge and agree that both you and Synchrony Telemed may at any time on thirty (30) days’ written notice, terminate your use of the Service, with such termination effective at the end of the last day of the calendar month following the end of the thirty (30) day notice period. However, in addition to the foregoing, we can, without notice, suspend your use of the Service or terminate this Agreement at any time for cause. “Cause” includes, but is not limited to, (i) paying your bill late more than once in any twelve (12) month period; (ii) violation of the terms of this Agreement or (iii) our belief that you are misusing the Service or using it for any unlawful activity. Termination shall result in your inability to use and access the Service, but shall not affect your obligation to pay for any Service received or extinguish any right of a party to sue for violation of these Terms. In the event of a termination of your rights hereunder, the paragraphs dealing with Proprietary Rights, Customer Data, Limitation of Liability, HIPAA Compliance, Disclaimers, and Indemnification shall continue to apply in full force and effect.

 

PROPRIETARY RIGHTS

Synchrony Telemed (including its licensee, assignees, designees) retains all right, title and interest in and to the Service, including all source code, object code, data, information, copyrights, trademarks, patents, inventions and trade secrets embodied therein, and all other rights not expressly granted to you hereunder. Nothing in this Agreement constitutes a waiver of any of Synchrony Telemed’s rights under the intellectual property laws of the United States or any other jurisdiction or under any other federal, state, or foreign laws. All trademarks, service marks, trade names, logos, domain names, URLs and icons ("Marks") appearing on our website and/or application, registered or not, are the property of Synchrony Telemed. Nothing on this website grants you any right or license to use any of the Marks on this site without the express written permission of Synchrony Telemed. Unauthorized use may violate trademark and other laws.

 

CUSTOMER DATA

We do not own Customer Data. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Synchrony Telemed shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.

 

ACCEPTANCE OF BUSINESS ASSOCIATE ADDENDUM AS DEFAULT STANDARD

You hereby authorize and direct us to communicate outside of our communications platform as necessary for the Service, including without limitation, to make communications to any mobile device and in any manner (including by SMS text) designated by you or any authorized user. Without limiting the foregoing, we agree to comply, within thirty (30) days of our receipt of notice, with your reasonable direction to us as to the types and amounts of Protected Health Information that may, consistent with your risk analysis, be included in any such communications originating from us, or with any written direction from you prohibiting us, consistent with your risk analysis, from relaying communications of Protected Health Information outside of the Synchrony Telemed communications platform. Any additional costs associated with our compliance with such directives shall be borne by you.

  

DIRECTION AS TO COMMUNICATIONS OUTSIDE OF SYNCHRONY TELEMED PLATFORM

By accepting these Terms, you agree that our use or disclosure of Protected Health Information hereunder or otherwise in connection with the provision of the Service to you shall be governed by the form of Business Associate Agreement maintained from time to time by Synchrony Telemed on its website at (the “Business Associate Addendum”). You acknowledge and agree that we may amend the terms of the website Business Associate Addendum from time to time and that such amended terms shall be effective upon posting to our website. We both agree that this paragraph shall be of no force and effect, and the website Business Associate Addendum shall not apply, to the extent the parties otherwise maintain during the term in full force and effect a written Business Associate Agreement signed by both parties that complies with HIPAA (or is deemed to comply with HIPAA as a result of “grandfathering” during the period of such deemed compliance).

 

PRIVACY

We are dedicated to preserving your privacy. We have included a privacy policy that is available on this site and our website at https://www.hubchart.io

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Synchrony Telemed, its successors, licensee, assignees, and designees, from and against any and all actions, causes of action, suits, claims, demands, damages, liabilities, losses, costs and expenses (including without limitation attorneys’ fees, disbursements and costs) arising from or in connection with (i) your use of the Service or any Content or (ii) your violation of these Terms.

 

SEVERABILITY

If any provision in these Terms should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms if no such modification is possible, and all other provisions of these Terms shall remain in full force and effect.

 

ASSIGNMENT

You may not assign your rights hereunder without the prior written consent of Synchrony Telemed. Synchrony Telemed may assign its rights and obligations in its sole discretion.

 

WAIVERS

Our failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any such provision unless we agree to such waiver in writing. A waiver of any part of these Terms in one instance will not be deemed a waiver of any other part or any other instance.

 

GOVERNING LAW

These terms (which may include the Business Associate Addendum), together with any separately executed written Business Associate Agreement, constitutes the entire understanding between you and Synchrony Telemed with respect to the subject matter hereof and supersedes all prior representations, agreements, negotiations and discussions between you and Synchrony Telemed. The validity and effectiveness of these Terms shall be governed by, and construed and enforced in accordance with, the internal laws of the State of California, without giving effect to the provisions, policies or principles of any state law relating to choice or conflict of laws, and those of the United States of America. Any legal action or proceeding with respect to this Agreement may be brought exclusively in the federal or state courts located in or having jurisdiction over Los Angeles, California. Service of process shall be made in any manner allowed by applicable law.

 

 

Last Updated: July 28, 2019

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