CONFIDENTIALITY AND SECURITY STATEMENT
1. Control of System; Termination of your Access.
2. Confidentiality of Username and Password.
You have or will be provided a unique username and password to access the System. You are solely responsible for all activities related to the use of your username and password. You agree that we may electronically monitor, record, and audit any activity related to the use of your username and password. You also agree:
a) To create a unique password and reset your password in a manner that is in accordance with our policies and procedures;
b) Never to disclose or share your username or password information with any other person, including any employee or person on your behalf;
c) Never to use another’s username and password information to access the System;
d) To log out of the System before leaving any workstation to prevent others from accessing the System under your username and password; and
e) To immediately report to us any loss, disclosure, or unauthorized access to your account, your username and password information.
3. Prohibited Actions.
You agree that you will not knowingly:
a) Abuse or misuse the System including, but not limited to, gaining or attempting to gain unauthorized access to the System or permitting another person to do so;
b) Alter or destroy data in the System;
c) Use the System in a manner that interferes with other individuals’ or entities’ use of the System;
d) Permit the introduction into the System of any virus, Trojan horse, worm, or other software routines or equipment components designed to permit unauthorized access to disable, erase, or otherwise harm the System, data, or to perform any such actions;
e) Permit the introduction into the System of any back door, time bomb, drop dead device or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person; or
f) Modify, reverse engineer, decompile, dissemble or otherwise attempt to learn the source code, structure, or ideas upon which the System is based
You understand use of the System is subject to monitoring and waive all rights to privacy with respect to use of the System.
5. Permitted Use and Compliance with Law.
You warrant that you will use the System and data only for a Permitted Use. You agree that you will comply with all federal and state laws and regulations applicable to your access to the System and the use of data, including without limitation HIPAA.
6. Breach Reporting and Remedy of Security Incident.
You agree to notify us immediately and in no event later than 24 hours following the discovery of a breach. You will cooperate with us fully with respect to any investigation, audit, or other compliance activity related to an actual or suspected breach and will take all reasonable actions consistent with our recommendations or instructions to cure the breach, prevent future breaches, and to mitigate effects of the breach.
7. Accuracy of Data.
MWR makes no representations or warranties, direct or implied, as to the accuracy, completeness, or timeliness of the data available through the System. The data is available to you on the system “as is”. MWR shall have no responsibility for, or liability related to, the accuracy, content, correctness, completeness, or delivery of any data delivered and accessed by way of the System, as such liability relates to the System and delivery of the data. You also understand that MWR cannot and does not guarantee or warrant that data, files, reports, and other content available through the System will be free of infection or viruses, works, Trojan horses, or other code that manifest contaminating or destructive properties. You agree that you will promptly notify MWR of any errors you discover or encounter with respect to any data provided, received, or accessed through the System. In addition, you understand that the System does not make any clinical, medical, or other decisions. You are responsible for confirming the accuracy of all data and making medical and diagnostic decisions.
8. System Maintenance.
MWR may, in its sole discretion, make any improvements or changes to the system at any time and without notice. Such maintenance may temporarily disrupt your access to and your use of the system.
You agree to indemnify and hold harmless MWR and its members, managers, directors, officers, employees, or agents from and against any and all claims, causes of action, liabilities, losses, damages, penalties, assessments, judgments, awards, or costs, including reasonable attorneys’ fees and costs (“Damages”) arising out of, resulting from, or relating to:
a) The breach of these terms and conditions by you;
b) A breach caused by you; or
c) Any activity related to the use of your username and password information
10. Disclaimer of Warranties.
MWR DISCLAIMS ALL WARRANTIES REGARDING ANY PRODUCT, SERVICES, OR DATA PROVIDED IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SYSTEM INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE. YOU ASSUME TOTAL RESPONSITBILITY AND RISK FOR YOUR USE OF THE SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MWR OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY, NOR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
11. Limitation of Liability.
MWR AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST OR UNAVIALABLE DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SYSTEM, OR DATA OR INFORMATION CONTAINED WITHIN THE SYSTEM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
a) Referrals not Required. Nothing in these terms and conditions between MWR and you require referrals of any patient to MWR and its affiliate entities.
b) Amendment. These terms and conditions may be modified or amended by MWR at any time; provided, however, MWR promptly notifies you of any such modifications or amendments.
c) Governance. These terms and conditions shall not confer or be construed to confer any rights or benefits to any person or entity other than you and MWR.
d) Not Third-Party Beneficiary. These terms and conditions shall not confer or be construed to confer any rights or benefits to any person or entity other than you and MWR.
e) Waiver. No delay or failure to require performance of any provision of these terms and conditions by MWR shall constitute a waiver of the performance of such provision. Any waiver granted by MWR must be in writing and shall apply solely to the specific instance expressly stated. A waiver of any provision of these terms and conditions shall not be construed as a waiver of any other provision of these Terms and Conditions, nor shall any waiver constitute a continuing waiver.
f) System Ownership. Except as otherwise indicated, the content of the System, including text, graphics, logos, photos, “look and feel” and software is the property of MWR and/or its licensors and is protected by copyright laws.
g) Assignment. You acknowledge that you may not assign any of your rights, interests, duties, or obligations under these terms and conditions. Any attempted or purported assignment shall be null and void.
By logging into the System, you are acknowledging that you have read, agree to, and shall be bound by all of the above conditions. You agree that you are subject to compliance with certain federal and state regulations including, but not limited to, 45 CFR 160, 164 and that any use of the System that is not in compliance with such regulations may result in legal action against you. If you do not agree or if you do not have authority to agree, then you will immediately log of the System and contact us to terminate your access.