MYSECUREPRACTICE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE. SUCH TERMS AND CONDITIONS OF USE COULD HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE.
THROUGH USE OF THIS WEB SITE, OR THE MYSECUREPRACTICE PRODUCTS, YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE HAS BEEN INDICATED.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE OR SERVICES PROVIDED.
Third-Party Services. The services provided to you under this Agreement include certain services developed, provided or maintained by third-party service providers of PBHS (“Third Party Providers”). Access to or use of any those services (“Third Party Services”) by you is subject to any separate agreement that you may enter into (or may have entered into) relating to those Third Party Services (each, a “Third Party Service Agreement”). The terms of any Third Party Service Agreement will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to the terms of this Agreement. Except as set forth in this Agreement, the terms of any Third Party Service Agreement will control in the event of a conflict between the terms of this Agreement and that Third Party Service Agreement. All other Third Party Services will be subject to the terms of this Agreement. Each Third Party Provider retains all right, title and interest in and to all Third Party Services and all software, hardware or other technology used to provide those services, and any additions, improvements, updates, and modifications thereto. Each Third Party Provider will be a beneficiary of the terms of this Agreement as to the Third Party Services provided by the Third Party Provider and will have all rights necessary to enforce this Agreement against you in the case of any breach of those terms.
Warranties. You represent, warrant, and covenant that: (1) you have the legal right and authority to enter into this Agreement; (2) you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement you enter into in connection with any of the services provided under this Agreement; (3) all Content is in compliance with the terms of this Agreement; and (4) you will access and use the services provided under this Agreement in compliance with all of the terms of this Agreement.
Disclaimer. THE SOLE WARRANTIES REGARDING THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE THOSE EXPRESS WARRANTIES (IF ANY) PROVIDED TO USER BY PBHS UNDER THIS AGREEMENT. ALL THIRD PARTY SERVICES ARE PROVIDED BY EACH THIRD PARTY PROVIDER STRICTLY “AS IS” AND “AS AVAILABLE” AND ALL THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ALL THIRD PARTY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PBHS OR ANY THIRD PARTY PROVIDER WILL AT ANY TIME CREATE ANY WARRANTIES BY OR ON BEHALF OF, OR ANY OTHER OBLIGATION ON THE PART OF, ANY THIRD PARTY PROVIDER.
Indemnification. You hereby agree to fully indemnify, defend, and hold harmless PBHS, its Third Party Providers and their respective affiliates, employees, officers, agents, owners, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from or relate to any claim or allegation against any Indemnified Party arising from your accessing or using the services provided under this Agreement (including any Third Party Services) or from any email or other communication generated or sent through such services or any content contained therein, irrespective of whether or not such action constituted a breach of this Agreement.
Limitation on Liability. YOU AGREE THAT RESPONSIBILITY AND LIABILITY FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT IS STRICTLY WITH PBHS. NO THIRD PARTY PROVIDER WILL HAVE ANY LIABILITY UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ANY SERVICES PROVIDED UNDER THIS AGREEMENT (INCLUDING THIRD PARTY SERVICES), INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER FORM DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOST OPPORTUNITY, LOSS OF REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN JURISDICTIONS WHERE THE FOREGOING LIMITATION OF LIABILITY IS NOT PERMITTED, THE LIABILITY OF ANY THIRD PARTY PROVIDER WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Notification of Terminated/Non-Authorized Employees: In the interest of PHI security and integrity, you agree to notify PBHS promptly (and in all events within 30 days) when practice employees who are PBHS Collaborator users are terminated or deemed otherwise unauthorized to access patient data in the MySecurePractice system.
Content. You will be responsible for all data, information and other content (“Content”) provided by you in connection with the services provided under this Agreement. You will not provide and will not permit any third party to provide or to use the services provided under this Agreement to provide, any Content that: (a) infringes, misappropriates or violates any intellectual property or other rights of any third-party; (b) is defamatory, harmful to minors, obscene or child pornographic; (c) contains any viruses or programming routines intended to damage the services or any software, hardware or other technology used to provide the services or surreptitiously intercept or expropriate any data or information; or (d) is false, misleading or inaccurate. PBHS and its Third-Party Providers will not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any Content. PBHS and its Third Party Providers may take remedial action if any Content violates this Section, however PBHS and its Third Party Providers are under no obligation to review any Content for accuracy or potential liability, or for compliance with these Terms and Conditions of Use.
License Grant. You grant to PBHS and its Third Party Providers all necessary rights and licenses in and to all Content necessary for PBHS and its Third Party Providers to provide the services under this Agreement. You will maintain an adequate back-up of all Content and PBHS and its Third Party Providers will not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any of any Content. You represent and warrant that you have all necessary right, title, interest and consent necessary to allow PBHS and its Third Party Providers to use all Content as set forth in this Agreement and as otherwise necessary to provide the services under this Agreement.
License Restrictions. You agree to the following restrictions:
- You shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the services or the related materials available, to any third party;
- You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services or related materials or access or use services or related materials in order to build a similar or competitive product or service;
- Except as expressly stated herein, no part of the services or related materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means;
- You shall not disclose any review of the services, including but not limited to the results of any performance tests, to any third party without our prior written approval;
- You shall not use or access the services to build or support, and/or assist a third party in building or supporting, products or services competitive to the services;
- You agree to make every reasonable effort to prevent unauthorized third parties from accessing the services; and
- You acknowledge and agree that the we or our licensors own all right, title and interest in and to all intellectual property rights (including all derivatives or improvements thereof) in the services and related materials and any suggestions, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the same.
YOU HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM BASED HEREON, ARISING OUT OF, UNDER, OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OF USE, OR BASED ON ANY COURSE OF CONDUCT, COURSE OF DEALING, OR STATEMENT (WHETHER VERBAL OR WRITTEN) REGARDING SAME.
Account Activity Alerts. This service allows you to receive email and text alerts for updates made within your MySecurePractice account. Once registered, you can login to the portal and select the alerts within your profile you would like to receive. Message frequency is based on usage. PBHS does not have a separate charge for this service; however, message and data rates may apply from your mobile carrier.
PBHS reserves the right to terminate this SMS service, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and/or delays. You are responsible for managing these types of SMS notifications by logging into https://mysecurepractice.com and modifying your profile notification settings.
Silent Partner TV. Client represents and warrants, to the best of its ability, that any content shown on the Silent Partner or ADA TV system (other than the Licensed Materials): (a) shall be original to the client, or client shall have obtained all rights necessary to use such content in connection with the Silent Partner or ADA TV; and (b) shall not contain any material that (i) will violate any law, statute or regulation or any personal, proprietary, privacy or other right of any person or entity or (ii) is obscene, slanderous, libelous, or fraudulent. Client agreed to indemnify PBHS of all claims associated with any infringement.
Cancellations and Refunds. Secure messaging services offer monthly and annual subscriptions. If you need to cancel or modify your service level. Please contact PBHS at 1-888-840-0739. Please note annual subscriptions are non-refundable.
* PBHS Products may not be used for the sending of unsolicited email (sometimes called “spam”) or for the hosting of illegal or prohibited content. See our Anti-Spam policy.
By logging into a MySecurePractice account, by accessing the web site or by accessing the MySecurePractice services via any API interface, you accept these Terms and Conditions of Use.
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We reserve the right to make changes to this policy. Any changes to this policy will be posted.
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