Updated On: February 26, 2019
Effective Date: March 1, 2019
MedicalMine, Inc., a California corporation (“we,” “us,” “our,” or “MedicalMine”) provides a suite of web-based software services including CharmHealth EHR for electronic health records hosted at charmhealth.com, charmehr.com and ehr.charmtracker.com/ (“CharmHealth EHR Services”), CharmPHR for personal health records at charmphr.com and phr.charmtracker.com/ (“CharmPHR Services”), associated mobile applications including CharmHealth EHR Scheduler and CharmHealth EHR Kiosk, among others (collectively, the “Services”).
These Terms of Service, as amended from time to time by MedicalMine, Inc. in its sole discretion (“Terms of Service”), apply to all visitors of our website, governs the use of our Services, and upon your acceptance, constitutes a binding agreement between you and MedicalMine. Please read these Terms of Service carefully. Please also review our Privacy Policy, which explains how MedicalMine handles your personal data when you use our Services. If you agree to each of these Terms of Service and our Privacy Policy, check the “I ACCEPT” or “I AGREE” button at the bottom of these Terms of Service. By accessing any of the Services, you continue to agree to these Terms of Service and our Privacy Policy.
In addition to these Terms of Service, you and we may enter into a Business Associate agreement before using the CharmHealth EHR Services. The Business Associate agreement is as defined under the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 and its privacy and security regulations (“HIPAA”), and under the privacy and security provisions of the Health Information Technology for Economic and Clinical Health Act of 2009 (the “HITECH Act”). In addition, as MedicalMine provides services in connection with electronic prescription routing and related transactions (i.e. prescription benefit and prescription history) through Surescripts, LLC (“Surescripts”) you further agree to be bound by the additional terms and conditions required by Surescripts set forth herein(“Surescripts Terms”).
You must be at least 18 years of age to enter into this binding agreement. If you are not at least 18 years old or if you do not agree to each of these Terms of Service, you are prohibited from and must not access or use any of our Services.
Under no circumstances may our Services be used by a child under 13 years of age.
You may use the Services for providing healthcare to your patients or for research purposes. You may connect to the Services using any Internet browser supported by the Services or mobile apps provided by the service. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Some of the Services include certain third-party software and services, which may require that you enter into separate subscription or licensing agreements with third-party vendors. MedicalMine may also make available optional services provided by third parties, such as billing, electronic prescribing and clinical laboratory reporting services, all of which are included in the term “Services” as defined and used herein. You agree to comply with and, upon request, enter into such further agreements as may be required for the use of such software or services, and to comply with the terms of any license or other agreement relating to third-party products included in our Services or made accessible to you through our Services. Your use of such third-party services or products from within the Services will constitute your agreement to be bound by the terms of all licensing, subscription and similar agreements relating to such use.
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid service as a result of your participation to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that MedicalMine will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
We may modify these Terms of Service at any time within our sole discretion and will notify you by electronic mail or by publishing the changes on our website.
Upon acceptance of these Terms of Service, you will need to sign up for a user account prior to your access or use the Services. All other users of your organization must also sign up for user accounts and provide all required information prior to accessing or using the Services. You agree to: a) provide true, accurate, current and complete information about yourself as prompted during the sign up process; and b) maintain and promptly update that information so that it is at all times true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if MedicalMine has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, MedicalMine may terminate your user account and refuse current or future use of any or all of the Services.
By accepting this Terms of Services, you represent, warrant and covenant, that you: (i) will use the Services solely in accordance with terms and conditions contained herein and all terms of use indicated on MedicalMine websites, and if applicable, the Business Associate agreement; (ii) will provide and maintain all computer and network equipment necessary to access and use the Services; (iii) will be solely responsible for inputting and retrieving data from the Services, for the accuracy and adequacy of information and data furnished for processing, and for the accuracy and adequacy of any attestation, statement, or data furnished to a government entity or other payer entity as part of a request for payment, or in response to an audit or any other information request or order; (iv) will be solely responsible for and take full responsibility for (1) any decision with regard to the appropriateness of patient treatment, (2) the use of information provided by the Services in patient care, (3) the care and well-being of your patients, and (4) the validity or reliability of information retrieved from the Services; (v) will comply with all applicable laws; and (vi) will promptly provide us with all necessary access to records, and will make available to us all necessary personnel to enable us to perform the Services in a timely manner.
You will implement and maintain appropriate administrative, physical and technical safeguards to protect information. Such safeguards shall comply with federal, state, and local requirements, including the Privacy Rule and the Security Rule, whether or not you are otherwise subject to HIPAA. You will maintain appropriate security with regard to all personnel, systems, and administrative processes used by you or members of your staff to transmit, store and process electronic health information through the use of CharmHealth EHR Services.
You will immediately notify us of any breach or suspected breach of the security of the Services of which you become aware, or any unauthorized use or disclosure of information within or obtained from the Services, and you will take such action to mitigate the breach or suspected breach as MedicalMine may direct, and will cooperate with us in investigating and mitigating the breach.
Personal information you provide to MedicalMine through the Service is governed by MedicalMine Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the MedicalMine Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to support@charmhealth.com or by calling us on any of the numbers listed on our website. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
The Services may include certain communications from MedicalMine, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to protect your privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
CharmHealth Services fees are publicly available in charmhealth.com web site and users are advised to look up subscription plans related information from the website. CharmHealth services subscription comes in three plans:
New users, upon sign up, will be onboarded to Free Plan by default, during the trial period. Upon expiry of the Trial period, users can choose a subscription plan based on their need. If no plan is chosen, users will be defaulted to the Free Plan with limits. Once a plan is chosen, changes are not permitted within the subscription period. Any change in plan requests need to be communicated via email to CharmHealth and the change will take effect in the next billing cycle.
For the Free plan, restrictions on usage and limited feature set will be applicable. Users agree to abide the reasonable restrictions and limits imposed on Free plan. Users can upgrade from Free plan to other plans at any time, by clicking on upgrade link. Users have an option to downgrade to Free plan too, when it is done, users are responsible for managing their data when usage restrictions are applied.
For the monthly encounter based plan, (“the subscription fee”) invoice will be generated on the first day of every month based on usage in the previous month. In addition, where monthly minimum charges are applicable and or add-on costs are applicable, they will also be charged along with monthly invoice.
For the provider based fixed cost plan, user will be charged fixed amount per provider on the first day of every month. Any additional charges based on usage exceeding plan limits, will also be charged to the user on the first of the subsequent month. If a user wishes to purchase annual or long-term plans, such user can request for a quote. Upon acceptance of quote, Invoice will be sent and upon payment of invoice, and the plan will come into effect from that date onwards for the licensed period.
The Subscription Fee will be charged to (i) the Credit Card on file by using https, with SSL certificate issued from Equifax Secure Certificate Authority or (ii) bank account on file through ACH transfer from such bank account. You hereby authorize MedicalMine to charge your credit card and/or bank account on file with us on the 1st day of each month or as and when the payment is due. It is your responsibility to update payment information if you would like to be charged to a different Credit Card or bank account. If you do not wish to continue with the subscription, you agree to inform us at least seven days prior to the invoice date (i.e. end of the month). In the event of termination of the subscription, you will be charged pro-rata Subscription Fee for the usage till the termination notice. All payments shall be made in US dollars. In the event that any withdrawal or payment is returned due to non-sufficient funds (“NSF”), you will be charged a NSF fee of twenty-five dollars ($25.00) for each such return. Any payment that is not paid when due hereunder will be subject to a late payment charge at the rate of one percent (1%) for each month or part of a month (or, if lower, the highest rate permitted by applicable law) for any period during which the amount due will remain unpaid. In the event that payment is past due for more than three (3) months or when the past due amount exceeds $5000, MedicalMine reserves the right to collect payment through third party agencies. MedicalMine reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge. Information on the subscription options and charges for all paid Services is available on our website. You may be able to use the Service for free as described in our pricing policy.
MedicalMine may, in its sole discretion, suspend your access to the Services in the event the Subscription Fee remains unpaid for more than thirty (30) days from the date such fee is due. MedicalMine may, as an accommodation to you, provide you with notice prior to or promptly following any suspension of the Services, but is under no legal obligation to do so. MedicalMine will restore your access to the Services as soon as the payment is made. During such suspension, at our sole discretion, we may grant you access to a read-only version of your user account to access limited data in your user account.
You shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.
You agree to be solely responsible for the contents of your transmissions through the Services. You agree to not use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree to not use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email/text(SMS) messages. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
We reserve the right to suspend temporarily and or terminate user accounts that are inactive for a continuous period of 120 days. In the event of suspension, user account will be reactivated upon user request and verification of requesting user’s credentials. In the event of termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination by email and you will take appropriate measures to download your data before the due date of termination. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. When you submit content to MedicalMine, you grant MedicalMine a worldwide, royalty-free right to access, use, copy, store, transmit, host, reproduce, display, perform, adapt, modify, reformat, publish or distribute the content created by you or stored in your user account for the purpose of providing the Services hereunder.
For purposes of these Terms of Service, "Intellectual Property Rights" shall mean any and all proprietary rights of any kind, tangible or intangible, now known or hereafter existing, including without limitation copyrights, neighboring rights and moral rights; trade secrets; trademarks; patents; other industrial property rights; other legally protectable elements and contributions; collective and derivative works; and all registrations, and applications thereof now or hereafter in force in any jurisdiction throughout the world.
Except for the content you submit as described above, as between you and us, MedicalMine owns all right, title and interest in and to our Services, including all Intellectual Property Rights. MedicalMine grants you a limited, nonexclusive, nonsublicensable, nontransferable and revocable license to access and make use of MedicalMine’s Services as reasonably necessary under these Terms of Service. You do not acquire any rights, express or implied, in the Services other than the license expressly granted under these Terms of Service.
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that MedicalMine will have the right to block access to or remove such content made available by you, if MedicalMine receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by MedicalMine for this purpose.
You will have ownership of individual patient medical records and laboratory and clinical data (the “Data”) entered into and maintained in the Services on your behalf. Notwithstanding the foregoing, you hereby grants us and our affiliates a perpetual license to: (i) use the Data for analysis and research; and (ii) disclose and sublicense use of the Data and Data analysis (“Data Derivatives”) to third parties including non-affiliated third parties, provided we will obtain your written consent prior to any such disclosure or sublicense and that any such Data and Data Derivatives will be in de-identified form as set forth and prescribed in (a) the safe harbor de-identification of patient information contained in Section 164.514(b)(2) of the Privacy Rule implementing HIPAA (the “HIPAA Safe Harbor”), or (b) the standards for “statistical de-identification” as set forth in Section 164.514(b)(1) of the Privacy Rule implementing HIPAA (the “Statistical De-Identification Requirements”) prior to such use, analysis, disclosure or sublicense. You further grant us and our affiliates a perpetual, royalty- free, exclusive license in any and all Data Derivatives created in compliance with this Terms of Services. Nothing in this paragraph shall prevent you from creating, using, disclosing, licensing or transferring its own de-identified information using Data. We will develop, implement, maintain and monitor commercially reasonable physical, technical and administrative safeguards to protect the Data in our possession or under our control against accidental loss or unauthorized access, use, disclosure, alteration, or destruction.
CharmTracker, CharmTracker logo, CharmHealth, CharmHealth logo, the names of individual Services and their logos are trademarks of MedicalMine. You agree not to display or use, in any manner, the MedicalMine trademarks, without MedicalMine’s prior permission.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. MEDICALMINE MAKES NO REPRESENTATION OR WARRANTY AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEDICALMINE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM MEDICALMINE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY.
YOU AGREE THAT MEDICALMINE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MEDICALMINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MEDICALMINE RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL MEDICALMINE'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to defend, indemnify and hold harmless MedicalMine, its officers, directors, employees, contractors, suppliers, and affiliates, from and against any and all claims, demands, actions, proceedings, suits, liabilities, losses, damages, penalties, fines and expenses (including attorney's fees and costs) arising out of or relating to your use of the Services, including without limitation any claims that you have used the Services in violation of another party's rights, in violation of any law, or in violation of any provisions of the Terms of Service.
Any controversy or claim arising out of or relating to the Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, MedicalMine may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
If any action or proceeding, including without limitation arbitration, is brought for the enforcement of, or because of an alleged dispute, breach or default in connection with any of the provisions of these Terms of Service, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to legal@medicalmine.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms of Service and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.
Unless otherwise provided in these Terms of Service, any notice required or permitted under these Terms of Service shall be given by you to MedicalMine in writing and shall be deemed effectively given as follows: (i) if given by personal delivery, then such notice shall be deemed given upon such delivery, (ii) if given by facsimile or electronic mail, then such notice shall be deemed given upon receipt of confirmation of complete transmittal, (iii) if given by mail, then such notice shall be deemed given upon the earlier of (A) receipt of such notice by the recipient or (B) three days after such notice is deposited in first-class mail, postage prepaid, and (iv) if given by an internationally recognized overnight air courier, then such notice shall be deemed given one (1) business day after delivery to such carrier. All notices shall be addressed to MedicalMine at the address as follows, or at such other address as MedicalMine may designate by written notice to you:
MedicalMine, Inc.
Attn: Client Services
4141 Hacienda Drive
Pleasanton, California 94588
You agree to provide us advance written notice of any change to your information, including without limitation the information you provided on your enrollment form or otherwise while signing up for a user account and your contact information, e.g., your e-mail address, mailing address, phone number and/or facsimile number.
You agree that we may communicate with you electronically by way of e-mail to the e-mail address you provide to us or by way of posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Neither party shall assign this Terms of Services without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided; however, that MedicalMine shall have the ability, without your consent, to subcontract or delegate all or part of the Services to subcontractors. Furthermore, you acknowledge and agree that the Services may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, shall be void and shall be grounds for immediate termination of Services. Subject to the foregoing, this Terms of Services shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties hereto.
This Terms of Services and the rights of the parties hereto shall be governed by the laws of the State of California without regard to principles of conflict of laws. In the event of any litigation arising out of, or relating to, this Terms of Services or the breach thereof, the venue for any such action shall be in the State or Federal courts located in Alameda County, CA.
You acknowledge and agree MedicalMine may identify you as a client in its client listings, web sites, and other promotional materials. In addition, we may issue press releases regarding the parties’ relationship under this Terms of Services. At our request, you agree to provide us with a jpeg file containing your corporate name and logo. You hereby give permission and grant us the license and right to use the logo for the purposes set forth in this Terms of Services and in its communications with third parties.
The failure of either party to enforce any provision of these Terms of Service or to act with respect to a breach by the other party of these Terms of Service shall not be deemed a waiver of such provision, the right to act with respect to subsequent or similar breaches, or the right to enforce such provision.
If any provision of these Terms of Service is held to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions hereof, and any part of such provision not held invalid or unenforceable shall remain in effect.
Nothing contained in this Terms of Services will be construed as creating a relationship between the parties of partners, joint ventures, or agents, and neither party has the power to bind the other to any contract or commitment.
The following Surescripts Terms apply to users of MedicalMine’s CharmHealth EHR Services, through which MedicalMine facilitates electronic prescription routing and related transactions (i.e. prescription benefit and prescription history) through a network provided by Surescripts, LLC (“Surescripts”). As a condition of your accessing the Surescripts network, you must agree to be bound by the following additional terms (“Surescripts Terms”). These Surescripts Terms are in addition to, and do not in any way limit or replace, your obligations under MedicalMine’s Terms and Conditions. When there is a conflict between MedicalMine’s Terms and Conditions and the Surescripts Terms, the Surescripts Terms shall govern and control. When accessing the Surescripts network, you will be bound and remain bound by these Surescripts Terms.
Surescripts facilitates the transmission of electronic pharmaceutical prescribing information between participants in the Surescripts network, through which prescription benefit and history information, including eligibility, insurance coverage, and formulary information, is transmitted electronically between participants in the Surescripts network from a Data Source (as defined below) to a prescriber at the point-of-prescribing, and through which prescription messages are routed electronically from a prescriber to the pharmacy of a patient’s choice. You hereby agree and acknowledge that in accessing MedicalMine’s electronic prescription services, you will be using the services of Surescripts to facilitate such transmissions. You hereby represent and warrant that you are a licensed physician or other health care provider who is duly licensed or registered with the appropriate governmental authority to issue prescription orders and that you will only be accessing and transmitting transactions across the Surescripts network in this capacity. You will not allow the general public access to the Surescripts network or authorize the use of the Surescripts network by any third party. You may only initiate prescription benefit and prescription history transactions across the Surescripts network related to scheduled or walk-in outpatient visits or another specific treatment event. You shall not access the Surescripts network or attempt to transmit prescription benefit and prescription history transactions across the Surescripts network related to an inpatient, acute or other institutional service. Furthermore, you agree to access and utilize the Surescripts network only in accordance with these Surescripts Terms. “Data Source” shall mean (a) a pharmacy benefit manager (“PBM”), health benefit payor or administrator, or other similar entity that has entered into a written agreement with Surescripts to allow access through the Surescripts network to information in its possession; and (b) a pharmacy, pharmacy chain, or an entity that has contracted with Surescripts to become a pharmacy aggregator and is designated as such by Surescripts, or other similar entity that has entered into a written agreement with Surescripts to allow access through the Surescripts network to information in its possession.
You shall communicate with the Surescripts network only with software that has been certified by Surescripts. The CharmHealth EHR Services has been certified by Surescripts for communication with the Surescripts network. You shall not modify, change, reconfigure or otherwise alter the CharmHealth EHR Services in any manner. Changes may be made to the CharmHealth EHR Services as required by Surescripts and/or applicable law. Surescripts retains the right to decertify the CharmHealth EHR Services at any time, in which case you would be unable to transmit messages across the Surescripts network using CharmHealth EHR Services.
You agree to keep confidential any and all of Surescripts’ information, as well as the information and data of all entities that have contracted with Surescripts to become either a pharmacy or prescriber aggregator and is designated as such by Surescripts (“certified aggregators”), entities that have been designated by Surescripts as a value-added reseller of the Surescripts services, and connectivity to other entities that aggregate prescribers or pharmacies (“certified VARs”), Data Sources, prescribers, health care providers, or facilities, technology vendors, and other entities or individuals that have entered into a written agreement with Surescripts, either directly or indirectly, in order to access, provide, or communicate through the Surescripts network, whether explicitly marked confidential or reasonably believed to be confidential. All Surescripts documentation and materials available to you through MedicalMine are deemed confidential.
You will use the CharmTracker Services in a manner that complies with all applicable law. You hereby certify that you have obtained or will obtain any and all necessary patient consents and authorizations required by applicable law, including all federal, state, local, common law, rules, regulations, directives, and guidelines prior to sending transactions across the Surescripts network, including electronic prescriptions.
Without limiting the foregoing, you shall obtain the consent of the patient prior to requesting prescription history for such patient via the Surescripts network. You agree to comply with any privacy and patient consent policies of Surescripts related to the delivery of “Private Information” as may be published by Surescripts from time to time. You acknowledge that Data Sources may impose additional privacy and patient consent policies on the delivery of “Private Information” through the Surescripts network. “Private Information” means: (i) Protected Health Information (“PHI”), as defined under HIPAA and related regulations, created or received on behalf of, or received from Surescripts; (ii) Nonpublic Personal Financial Information and, as applicable, Nonpublic Personal Health Information, as defined by the Gramm-Leach-Bliley Act; or (iii) any data or information that: (1) relates to an individual, and (2) identifies or can reasonably be believed to form the basis for identifying an individual (such as, but not limited to, an individual’s name, postal address, e-mail address, telephone number, date of birth, Social Security number, driver’s license number, financial account number, or any other unique identifier).
You hereby represent and warrant that all messages transmitted via the Surescripts network will originate from the United States. You hereby agree and acknowledge that each of MedicalMine and Surescripts reserves the right to terminate your use of the Surescripts network at any time, for any or no reason, with or without notice.
NEITHER MEDICALMINE NOR SURESCRIPTS MAKES ANY REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY THROUGH THE SURESCRIPTS NETWORK OF ANY PARTICULAR DATA SOURCE OR OTHER PARTICIPANT IN THE SURESCRIPTS NETWORK. AT ANY TIME, DATA SOURCES AND OTHER PARTICIPANTS IN THE SURESCRIPTS NETWORK MAY BE ADDED OR DELETED WITHOUT PRIOR NOTICE. YOU ACKNOWLEDGE AND AGREE THAT, AT ANY TIME AND WITHOUT PRIOR NOTICE, A DATA SOURCE MAY ELECT NOT TO RECEIVE PRESCRIPTIONS OR OTHER MESSAGES. SURESCRIPTS USES AVAILABLE TECHNOLOGY TO MATCH PATIENT IDENTITIES IN ORDER TO PROVIDE THE SURESCRIPTS SERVICES. BECAUSE PATIENT INFORMATION IS MAINTAINED IN MULTIPLE PLACES, NOT ALL OF WHICH ARE ACCESSIBLE TO SURESCRIPTS, AND BECAUSE NOT ALL PATIENT INFORMATION IS KEPT IN A STANDARD FASHION OR IS REGULARLY UPDATED, IT IS POSSIBLE THAT FALSE MATCHES MAY OCCUR OR THAT THERE MAY BE ERRORS OR OMISSIONS IN THE PRESCRIPTION BENEFIT AND/OR PRESCRIPTION HISTORY INFORMATION PROVIDED. YOU FURTHER AGREE THAT, AS THE TREATING PHYSICIAN OR OTHER HEALTH CARE PROVIDER, YOU HAVE VERIFIED PRESCRIPTION BENEFIT OR PRESCRIPTION HISTORY INFORMATION WITH EACH PATIENT OR THE PATIENT’S REPRESENTATIVES BEFORE SUCH INFORMATION IS RELIED UPON OR UTILIZED IN DIAGNOSING OR TREATING THE PATIENT. NEITHER MEDICALMINE NOR SURESCRIPTS INDEPENDENTLY VERIFIES OR REVIEWS THE INFORMATION TRANSMITTED THROUGH THE SURESCRIPTS NETWORK FOR ACCURACY AND COMPLETENESS. THE SURESCRIPTS NETWORK IS NOT INTENDED TO SERVE AS A REPLACEMENT FOR A WRITTEN PRESCRIPTION WHERE NOT APPROVED AS SUCH BY THE APPROPRIATE GOVERNMENTAL AUTHORITIES OR WHERE SUCH WRITTEN PRESCRIPTION IS REQUIRED FOR RECORD KEEPING PURPOSES, OR APPLICABLE PRESCRIPTION DOCUMENTATION. USE OF THE SURESCRIPTS NETWORK IS NOT A SUBSTITUTE FOR A HEATLH CARE PROVIDER’S STANDARD PRACTICE OR PROFESSIONAL JUDGMENT. ANY DECISION WITH REGARD TO THE APPROPRIATENESS OF TREATMENT, OR THE VALIDITY OR RELIABILITY OF INFORMATION, IS SOLELY YOUR RESPONSIBILITY.
You release and hold harmless Surescripts and any person or entity providing prescription benefit or medication history information from any liability, cause of action, or claim related to the completeness or lack thereof of the prescription benefit or medication history information.
THE SURESCRIPTS NETWORK IS PROVIDED “AS IS” AND WITHOUT WARRANTIES. ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE SURESCRIPTS NETWORK ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. SURESCRIPTS DOES NOT WARRANT THAT ITS NETWORK WILL MEET ANY REQUIREMENTS OR THAT IT WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. IN NO EVENT WILL SURESCRIPTS BE LIABLE TO YOU FOR ANY CLAIM, LOSS ORDAMAGE, OR ANY SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF AVISED OF THE POSSIBLITY OF SUCH DAMAGES. Neither Surescripts nor MedicalMine is responsible in any manner for errors or failures of proprietary systems and programs of third parties, nor shall Surescripts be liable for errors or failures of MedicalMine’s software or operational systems not caused by the Surescripts network.
You shall indemnify and hold harmless Surescripts and MedicalMine (and their respective affiliates, officers, directors employees or agents) from and against any and all loss, damage, or expense (or claims of damage or liability) asserted against Surescripts or MedicalMine (or their respective affiliates, officers, directors employees or agents) by third parties and arising directly out of any breach of these Surescripts Terms, any loss of connectivity to the Surescripts network due to acts or omissions inconsistent with the Surescripts Terms, or information provided to the Surescripts by you or by MedicalMine from you, or arising out of the use of such information when furnished by Surescripts to MedicalMine, you or to other third persons.
Neither Surescripts nor MedicalMine shall be liable or deemed in default for failure to fulfill any obligation under these Surescripts Terms due to causes beyond their reasonable control, including acts of God or of the public enemy, acts of any governmental authority in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, shortages of labor or materials, freight embargoes, unusually severe weather, electrical power failures, telecommunication or internet backbone outages, failure of an internet access provider, and neither Surescripts nor MedicalMine shall be liable for losses, expenses or damages, direct, ordinary, special, consequential or punitive, resulting directly or indirectly from such causes.
You authorize MedicalMine and Surescripts to access, inspect and audit your records relating to the use of the Surescripts network, Surescripts data, and data or information provided by you.
By using Surescripts’ services, you authorize Surescripts to contact you for survey or statistical purposes. You also agree that Surescripts shall be entitled to disclose information received from you for the purpose of (and only to the extent necessary for) operating Surescripts’ business and providing the Surescripts services, including, sharing your information or data with other Data Sources to the extent necessary to fulfill the terms of these Surescripts Terms, but only in accordance with all applicable law, or pursuant to a valid order issued by a duly authorized court or government authority.
Surescripts may utilize, transfer, or disclose aggregated information, including summary statistics, that has been de-identified in accordance with HIPAA at 45 CFR §164.514 such that it does not identify an individual and cannot be used to identify an individual for any purpose. Notwithstanding the foregoing, Surescripts’ use of de-identified data shall be in accordance with its Notice of Privacy Policy at www.surescripts.com.
You shall not use any means, program, or device, or permit any other person to use any means, program, or device, including, but not limited to, advertising, instant messaging, and pop-up ads, to influence or attempt to influence, through economic incentives or otherwise, the prescribing decision of a prescriber at the point of care if: (i) such means, program, or device (as described above) is triggered by, initiated by, or is in specific response to, the input, selection, and/or act of a prescriber or his/her agent prescribing a pharmaceutical or selecting a pharmacy for a patient; and (ii) that prescription shall be delivered via the Surescripts network. Any violation of provision shall result in your automatic termination from the Surescripts network.
If you have any questions regarding the Terms of Service or the Surescripts Terms, please contact us at legal@medicalmine.com.