Terms of Service
UPDATED SEPTEMBER 9, 2017
1. ACCEPTING THE TERMS
By visiting the Site or using the Service, you agree to be bound by this Agreement and Records Rescue’s Privacy and Security Policy, which is incorporated into this Agreement, as each may be amended from time to time (see “Modifications” below), whether you are a “Visitor” (which means that you are simply browse the Site) or you are a “Member” (which means that you have registered with the Service). The term “you” or “User” refers to a Visitor or Member. The term “we” or “our” refers to Records Rescue. If you wish to become a Member and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process by clicking “I Agree.”
If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity, that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
2. PRIVACY AND PERSONAL INFORMATION
For information about Records Rescue’s data protection practices, please read Record Rescue’s Privacy and Security Policy. This policy explains how Records Rescue treats your personal information when you access the Site and/or use the Service. The Privacy and Security policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Site.
3. DESCRIPTION OF SERVICES
The Service is a personal health information retrieval and management service that allows Members to consolidate certain health information of their clients (“Patient Information”) on the Site and through the Service. The Service is provided to you by Records Rescue as an aid to assist the Member in organizing and managing their Client’s health information.
4. PATIENT INFORMATION FROM THIRD PARTY PROVIDERS
With the Service, Members may direct Records Rescue to retrieve their client’s Patient information maintained by third-party providers with which they have patient relationships and/or on third-party sites. Members may use authorized digital signature of the client to fill out and sign Health Insurance Portability and Accountability Act release authorization forms (“HIPAA Forms”) and/or records requests so that Records Rescue may receive such patient information in paper or electronic form and upload such Patient Information to your account.
Records Rescue may review the Patient Information received from third-party providers to normalize and label data for display, but Records Rescue is not responsible for any errors in the Patient Information resulting from such review process. Records Rescue makes no effort to review the Patient Information for any other purpose, including but not limited to accuracy, legality or non-infringement. Records Rescue is not responsible for any Patient Information provided by third-party providers or their patient portal sites.
By becoming a Member and executing a HIPAA form or making a request, you acknowledge that you are requesting Records Rescue to obtain your client’s Patient Information for your account and to communicate with third-party providers concerning the Patient Information.
You acknowledge that there may be delays in record request processing from third-party providers. Records Rescue may be unable to obtain some or all of your Patient Information and cannot guarantee or assume responsibility for completeness, timeliness, accuracy, relevance, deletion or non-delivery of any Patient information. Records Rescue is not responsible for the way in which data is displayed on the Site or through the Service.
5. YOUR REGISTRATION INFORMATION
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID, allows you to access the Service. That Login ID and password, together with any phone number or other contact information you provide, form your “Registration Information.” You understand that Records Rescue takes no responsibility for and disclaims any and all liability or consequential damages arising from a breach of your Patient Information confidentiality resulting from sharing or losing your password. If you become aware of any unauthorized use of your Registration Information, you agree to notify Records Rescue immediately at the e-mail address – firstname.lastname@example.org
6. YOUR USE OF THE SERVICE
Your right to access and use the Site and the Service is personal to you and is not transferable by you to any other person or entity. You are entitled to access and use the Site for lawful purposes.
Accurate information enables Records Rescue to provide Services to you. You must provide true, accurate, current and complete information and may not misrepresent information (i) in your Registration information, (ii) third party providers, (iii) authority to act on behalf of your client; (iv) about your Patient information maintained by third party providers (iv) on the HIPAA Form, and/or (v) in our “add New Clients” setup forms. In order for the Service to function effectively, you must also keep such information listed above up-to-date and accurate. If you do not do this, the accuracy and effectiveness of the Service will be effected. Even if you fill out and execute HIPAA Form or request or provide accurate and updated Registration Information or other information listed above in this paragraph, there is no guarantee that Records Rescue will be able to provide complete Patient Information to you, since the completeness of the retrieval process is dependent upon third-party providers.
Your access to use of the Site and the Service may be interrupted from time to time for any of several reasons, including, without limitation, unanticipated system failures, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions beyond the control of Records Rescue or that Records Rescue, in its sole discretion, may elect to take. Records Rescue cannot always foresee or anticipate technical or other difficulties which may arise in, and Records Rescue shall therefore not be responsible for liable for, any (i) failure to obtain Patient Information, (ii) loss of Patient Information or personalization settings or (iii) other Service interruptions.
You agree that Records Rescue may use your feedback, suggestions, or ideas in anyway, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Records Rescue a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback, suggestions and ideas you provide to Records Rescue in any way. Records Rescue will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
7. E-MAILS AND PHONE CALLS
By providing your e-mail address and phone number to Records Rescue you expressly authorize Records Rescue to contact you via email or phone from time to time regarding (i)completing the process for registering for an account, (ii) certain changes made to your Records Rescue Account, such as change in Registration Information, (iii) updates to your Client’s Patient Information, (iv) questions related to retrieving your Client’s Patient Information, (vi) customer service matters and/or (vi) let you know of changes to the Service. E-mails will be sent to the e-mail address you have provided as your primary e-mail address for the Service. If your e-mail address or your phone number changes, you are responsible for informing Records Rescue of that change. E-mails to you may include your Login Id, general information about your account, and/or certain details regarding your clients Patient Information.
8. RIGHTS YOU GRANT TO US WITH RESPECT TO RETRIEVING PATIENT INFORMATION
By submitting a HIPAA form, request, information, data, passwords, usernames, other log-in information, materials and/or other content (collectively, the “Content”) to Records Rescue through the Site and/or the Service, you are licensing that Content to Records Rescue for the purpose of providing the Service. Records Rescue may use and store the Content in order to provide the Service to you, provided that such use and storage will be in accordance with the Privacy and Security Policy. By submitting this Content to Records Rescue, you represent that you are entitled to submit it to Records Rescue for use for this purpose, without any obligation by Records Rescue to pay any fees or other limitations. By using the Service, you expressly authorize Records Rescue to access your Patient Information maintained by identified third parties, on your behalf as your agent.
When you fill out and sign a Request Form on behalf of a Client and submit it to Records Rescue, you authorize Records Rescue to send your Form via fax, e-mail, or mail to the third-party provider(s) you have identified. When you use the Service, you will be directly connected to the website for the third party provider you have identified, and Records Rescue will submit information (including usernames and passwords) that you provide to log you into such third-party sites. You hereby authorize and permit Records Rescue to use and store information submitted by you to the Service (such as HIPAA Forms, account passwords and usernames) to accomplish the foregoing, including submitting your HIPAA Form to third-party providers, and to configure the Service so that it is compatible with the third-party sites for which you submit login information. For purposes of providing the Patient Information to you as part of the Service, you grant Records Rescue a limited power of attorney, and appoint Records Rescue as your attorney-in-fact and agent, to access third-party sites and retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities. YOU ACKNOWLEDGE AND AGREE THAT WHEN RECORDS RESCUE IS REQUESTING PATIENT INFORMATION FROM THIRD-PARTY PROVIDERS OR ACCESSING AND RETRIEVING PATIENT INFORMATION FROM THIRD-PARTY SITES, RECORDS RESCUE IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
9. RECORDS RESCUE’S INTELLECTUAL PROPERTY RIGHTS
The Service and the contents of the Site, including its “look and feel” (e.g. text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html based computer programs) and other materials are protected under both United States and other applicable copyright, trademark and other laws. Subject to your compliance with this Agreement, Records Rescue and its licensors provide you with a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service and the Site. The Service and all content on the Site, remain the property of Records Rescue or its licensors and we do not transfer title to any portion of the Service to you. Any code or software code that Records Rescue creates, generates or displays in the Service is also protected and you may not copy or adapt such code.
10. ACCESS AND INTERFERENCE
You agree that you will not:
Post or transmit any file which contains viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site and the Service;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or the Service;
Copy the Service or any part thereof;
Attempt to breach any security or authentication measure of the Site or Service;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measures implemented by Records Rescue or any other third party to protect the Service or the Site;
Interfere or attempt to interfere with other User’s or Members’ use of the Site or Service, respectively;
Defame, abuse, stalk, threaten, intimidate, harass or otherwise violate the legal rights of any User, Member or employee, staff or agent of Records Rescue;
Do anything that could disable, damage, tamper with, impair or otherwise cause interruptions of the proper working of the Service;
Use any robot, spider, scrapper or other automated means to access, data-mine, data-crawl, scrap or index the Service in any manner;
Provide any false personal information in your account, create more than one account, transfer your account or create an account for anyone other than yourself;
Do anything that is illegal, infringing, fraudulent, malicious or could expose Records Rescue or other Users or Members to harm or liability; or
Facilitate or encourage any violations of this Agreement.
For the term of this Agreement and for twelve (12) months thereafter, Member agrees not to solicit or retain the services of any person who is an employee or contractor of Records Rescue.
11. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE CONTENT AND ALL SERVICES ON THE SITE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. RECORDS RESCUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PATIENT INFORMATION, CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
RECORDS RESCUE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE PATIENT INFORMATION, CONTENT ON THE SITE OR OF THE SERVICE, OR THE CONTENT OF ANY THIRD-PARTY SITES LINKED TO THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. RECORDS RESCUE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE PATIENT INFORMATION OR CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, AND RECORDS RESCUE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PATIENT INFORMATION STORED THEREIN.
12. LIMITATIONS ON RECORDS RESCUE LIABILITY
RECORDS RESCUE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM THE SITE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF RECORDS RESCUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, RECORDS RESCUE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
13. YOUR INDEMNIFICATION OF RECORDS RESCUE
You shall defend, indemnify and hold harmless Records Rescue and its officers, directors, shareholders, agents and employees, from and against any and all claims, demands, losses, liabilities, costs and expenses, including but not limited to costs of investigation and attorneys’ fees, in whole or in part arising out of or attributable to (i) any breach of this Agreement by you, (ii) your use or inability to use the Service, (iii) any Content submitted by you or (iv) your violation of applicable laws. Records Rescue reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Records Rescue.
14. ENDING YOUR RELATIONSHIP WITH RECORDS RESCUE
This Agreement will continue to apply until terminated by either you or Records Rescue as set out below. If you want to terminate your legal agreement with Records Rescue, you may do so by closing your account for the Service.
Records Rescue may at any time, terminate its legal agreement with you:
1) If you have breached any provisions of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or unable to comply with the provisions of this Agreement);
2) If Records Rescue in its sole discretion believes it is required to do so by law )for example, where the provision of the Service to you is, or becomes, unlawful); or
3) Immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
All Sections which by their nature should survive the termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the termination of this Agreement.
Records Rescue may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
16. GOVERNING LAW AND DISPUTE RESOLUTIONS
This Agreement, and your relationship with Records Rescue under this Agreement, shall be governed by the laws of the State of Florida without regard to its conflict or choice of laws provisions. Jurisdiction for any dispute with Records Rescue, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall lie exclusively with the state or federal courts within the county of Hillsborough County, Florida, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Records Rescue may seek such relief in any court with jurisdiction over the parties.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Pinellas County, Florida, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. You and Records Rescue agree that any cause of action arising out of or related to the Site or the Service or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You understand that, in return for agreement to this provision, Records Rescue is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
Records Rescue makes no claims that the Service may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. When you access the Service outside of the United States, you acknowledge and agree that information you provide may be transferred to a jurisdiction other than your country of residence.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Records Rescue does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Records Rescue has the benefit of under any applicable law), this will not be taken to be a formal waiver of Records Rescue’s rights and that those rights or remedies will still be available to Records Rescue.
This Agreement represents the entire understanding and agreement between you and Records Rescue regarding the subject matter of the same, and supersedes all other previous agreements.
You may not assign or transfer this Agreement, by operation of law or otherwise, without Records Rescue’s prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and of no effect. Records Rescue may assign or transfer this Agreement, in its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If there are any questions regarding Records Rescue or this Agreement, please contact Records Rescue at:
Records Rescue LLC
7028 W. WATERS AVE. #365
TAMPA, FL 33634-2292