By accepting this agreement, either by clicking on a box indicating your acceptance or by continuing to use this portal, you agree to the terms of this agreement. PLEASE READ THIS PORTAL VISITOR AGREEMENT CAREFULLY BEFORE USING THIS PORTAL.
This agreement is between you as Portal Visitor and anyone to whom you grant access to the Portal (“You”) and MedRisk, Inc. (“MedRisk,” “We,” or “Us”).
Change in Terms of This Agreement
We retain the right to change the terms of this Portal User Agreement at any time. We will post a notice on the Portal if those terms are material, in our reasonable discretion. Your use of the Portal after such notice will be deemed acceptance of these changes.
Limitations on Your Use of the Portal
You agree that you will not use this Portal for any purpose if you are, are employed by or represent a direct competitor of MedRisk.
You agree that, without MedRisk’s prior written permission, you will not use this Portal for any other purpose than to refer a case to MedRisk or to monitor or manage a case that has been referred to MedRisk as authorized by your employer and by law. Specifically, and without limitation, you agree you will not:
- Copy, use, disclose or exploit any information or material for an unlawful purpose or a purpose that infringes any copyright, property right or proprietary interest of MedRisk or any third party, including tables of contents, indexes and directories.
- Copy, use, disclose or exploit for any unlawful purpose Personal Information (i.e., information that can be used to identify or locate a Person, including, but not limited to, e-mail address, name, street address, phone number, fax number, credit card number, Social Security number, and tax identification number).
- Distribute the information contained in the Portal to any person who is not duly authorized to use the Portal or receive the information.
- Share passwords, login information or named user identification allowing others to visit the Portal on a basis other than what was extended to you.
- Impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity.
- Delete or revise any material posted by any other person or entity without permission or authority to do so.
- Restrict or inhibit any other user from using the Portal and its services, including, without limitation, by means of “hacking” or defacing any portion of the Portal.
- Decompile, disassemble, or otherwise reverse-engineer the Portal, or alter, translate, modify, or adapt the Portal to create derivative works.
- Make use of “framing” or other means of redirecting content.
- Use any search engine, software, tool, agent or other device or mechanism, including without limitation browsers, spiders, robots, avatars or intelligent agents (other than those made available by MEDRISK on the Portal or other generally available third party web browsers, e.g., Netscape Navigator or Microsoft Internet Explorer), to navigate or search the Portal.
- Engage in spamming, flooding, soliciting or mass marketing via e-mail, direct mail, telephone, or otherwise to MEDRISK.
Privacy of Individually Identifiable Personal Health & Financial Information
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Portal and Portal-related services, including the federal Health Insurance Portability and Accountability Act (“HIPAA”) and applicable state privacy laws. To the extent that you seek access to health or financial information protected or covered by HIPAA or state privacy laws, you (a) represent and warrant to us that you are entitled under HIPAA and state privacy laws to receive, access and use this information for the purpose of treatment, payment and health care operations as those terms are defined under federal and state law, including any applicable authorization from the individual patient involved to receive and use this information and (b) agree to use and disclose such information only for purposes permitted under HIPAA and applicable state privacy laws.
Registration: Use of Secure Areas and Passwords
Some areas of the Portal require you to register with us. If and when you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement with you and your use of the Portal.
As part of the registration process, you will be assigned a user name and password. We may refuse to allow you to use a username that impersonates someone else, may be illegal, may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your user name and password and agree not to distribute, transfer or resell your use of or access to the Portal to any third party. For privacy and security reasons, MedRisk prohibits more than one individual from using a single user name and password belonging to a registered user. If you have any reason to believe that your account with us is no longer secure, you must promptly contact Customer Support at (800) 225-9675.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
MedRisk represents and warrants that it has the right and authority to make the Portal and the information contained in it available to you as authorized expressly by the Portal Visitor Agreement.
EXCEPT AS OTHERWISE PROVIDED ABOVE, THE PORTAL AND INFORMATION ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, AND MEDRISK EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
MEDRISK DOES NOT WARRANT THAT YOUR USE OF THE PORTAL WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PORTAL (OR THE SERVER(S) ON WHICH IT IS HOSTED) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE PORTAL AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
Although the Portal is accessible worldwide, not all products or services discussed, referenced or made available on the Portal are available to all persons or in all geographic locations or jurisdictions. We make no representation that materials in the Portal are appropriate or available for use in all locations. Those who choose to access the Portal from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws if and to the extent local laws are applicable.
Limitation of Liability
MEDRISK IS NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PORTAL OR INFORMATION CONTAINED ON THE PORTAL, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PORTAL OR CONTENT CONTAINED WITHIN IT IS TO STOP USING THE PORTAL.
Notice under this Agreement must be made in writing, sent via certified mail, return receipt requested, or a nationally recognized overnight courier service and are to the address stated below.
If to MedRisk: MedRisk, Inc., 2701 Renaissance Blvd., King of Prussia, PA 19406; ATTN: General Counsel
If to you: to your designated contact information and address as provided in your registration
No Waiver: Should you or MedRisk fail to exercise or enforce any provision of this Agreement or to waive any rights in respect thereto, such waiver or failure shall not be construed as constituting a continuing waiver or waiver of any other right.
Choice of Law and Venue: This Agreement shall for all purposes be governed and construed in accordance with the law of the Commonwealth of Pennsylvania without regard to its choice-of-law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in or connected with the County of Montgomery in the Commonwealth of Pennsylvania for any dispute arising under or in connection with this Agreement, the Portal or any Portal-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts.
Legal Expenses: In any action to enforce this Agreement, the prevailing party shall be entitled to costs and attorneys’ fees.
Severability: In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Third Party Beneficiaries: Nothing contained in this Agreement is intended to create third party beneficiaries thereof.