Terms of Service for Providers
HiTech-Doctors, LLC. TERMS OF SERVICES FOR PROVIDERS
This Agreement governs your use of communications services provided by HiTech-Doctors, LLC. (“HTD”) (the “Services” as further defined below) to provide health care services to End Users, solely in accordance with your duties and obligations as a licensed provider of health care services. Use of the Services is expressly conditioned on (i) your compliance with your professional duties as a licensed professional; and (ii) acceptance of this Agreement. The obligations set forth in this Agreement are in addition to, and not in lieu of, your professional and legal obligations as a licensed provider of health care services. If you are unable to simultaneously comply with your obligations under this Agreement as well as your professional and legal obligations, you may not use the Services.
Please take the time to carefully review the Agreement which will govern your use of HTD to provide health care services to End Users. In order to participate in any services offered by HTD you must read this Agreement and indicate that you understand and accept all of the terms and conditions herein. If you decide not to agree to the terms and conditions discussed herein, you may not use the Services.
These terms and conditions apply to any use by you of the Services on this website, including without limitation all Services available at htdoc.com (the “HTD Site”) or HTD services accessible through other sites, such as a personal webpage or HTD partner.
By using the Services, you represent and warrant that:
(a) You have the legal capacity and authority to agree to the terms and conditions of this Agreement;
(b) All registration information you submit (including but not limited to your licensure information) is accurate and truthful;
(c) You will maintain the accuracy of such information; and
(d) Your use of the Services does not violate any applicable law or regulation.
Your profile may be removed and your participation may be terminated without warning if HTD believes that you are in breach of any of the foregoing representations and warranties.
Throughout this Agreement, the words “HTD,” “we,” “us,” or “our” mean, collectively, HiTech-Doctors, LLC. and all of its respective affiliates, successors or assigns. “You” or “your” means the Authorized Person who is a licensed provider of health care services who establishes an account with HTD which is accessible through the Services, the HTD Site, or any website or partner that offers HTD’s services. “Authorized Person” means any user who has accepted this Agreement or the End User Terms of Service and accessed or used the Services in accordance herewith. “End User” means an Authorized Person who uses HTD to find a provider and/or receive health care services via HTD.
DESCRIPTION OF SERVICES
The “Services” shall mean all communication services, features, products, and services available or otherwise used by you on or through the HTD Site or a website that embeds or makes available HTD’s services.
SECURITY/CONFIDENTIALITY OF ACCESS INFORMATION
Use of the Services requires a computer and Internet access connected through an Internet Service Provider with a web browser.
You agree to keep your username and password and any other security or access information (collectively, “Access Information”) confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Services. You agree not to give or make available your Access Information to any unauthorized individual. You will be solely responsible for any disclosure of your Access Information or use thereof by any unauthorized third party.
If you believe the security of your Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use the Services under your user name without your consent or your accounts have been accessed without your permission), you must notify us immediately.
We reserve the right to deny your access to the Services or any part thereof, in order to maintain or restore security or performance to the HTD Site or any other HTD Sites and systems. We may also do so if we reasonably believe you are in breach of this Agreement or your Access Information has been or may be obtained or is being used or may be used by an unauthorized person(s).
We strongly recommend that you do not use HTD on public computers. We also recommend that you do not store your HTD password through your web browser or other software.
HIPAA AND STATE PRIVACY LAWS
As a Health Care Provider, you could be a Covered Entity for purposes of compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104?191 (“HIPAA”), and you may also be subject to similar state laws. Accordingly, information you collect could be protected under HIPAA and state privacy laws. All Covered Entities must enter into a Business Associate Agreement with HTD. HTD is a technology provider, not a Covered Entity, and is only responsible for complying with HIPAA and its regulations as a Business Associate. You understand compliance with HIPAA and state privacy laws is your responsibility. While use of HTD’s technology is designed to provide security of information as required by HIPAA, HTD makes no warranty or representation that compliance with this Agreement or use of its products or services will be adequate or satisfactory to fully comply with HIPAA or state privacy laws.
HEALTH CARE PROVIDER OBLIGATIONS WITH RESPECT TO END USER INFORMATION
An End User may submit medical history and other personal information (“End User Personal Information”) on the HTD Site and authorize you to have access to such information in advance of an appointment. You acknowledge, agree, release and indemnify HTD from all claims and liability arising out of your failure to have the End User confirm the End User Personal Information or arising out of any omissions or errors in any End User Personal Information provided through the Services. You have no rights in the End User Personal Information maintained by HTD other than as is expressly provided hereunder.
You agree to promptly pay all fees and charges for Services, and you authorize us to automatically deduct all applicable charges and fees from your designated HTD Payment Account(s) as set forth in your Profile and your Provider Participation Agreement.
Payments required of you represent fair market value for your use of the Services, and are not based upon the volume or value of any referrals to you or business otherwise generated by HTD for which payment may be made in whole or in part under Medicare, Medicaid or any other federal or state health care program. The Services impose no requirements on the manner in which you provide health care services to an End User.
Linked Payment Processing Accounts
Any “linked” payment processing accounts with third parties (such as PayPal or Authorize.net) will appear in your HTD profile on the HTD Site, and you will be able to view at least certain summary information for all such accounts.
You agree that all electronic communications that we receive on the HTD Site or otherwise in connection with the Services, such as those directing us to take an action with respect to your account, that match your Access Information or other identity information you have provided when enrolling in or using the Services will be deemed valid, authentic and binding.
You agree (to the maximum extent permitted by law) to hold harmless HTD and its vendors and suppliers and protect and indemnify HTD and its vendors and suppliers from and against any and all claims, losses, liability, damages and/or demands (including, without limitation, reasonable attorneys’ fees and court costs) of any kind, direct or indirect, arising out of or in any way connected with any Services rendered by HTD pursuant to or in accordance with any and all electronic communications for which we have attempted to verify your identity as set forth above.
You agree that all electronic communications, including but not limited to data entry, will not be fraudulent or otherwise incorrect, and that you have the right to disclose any information that you disclose to HTD.
COMMUNICATION FEES AND CHARGES
You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services.
CHANGES IN SERVICES/INTERRUPTIONS IN SERVICE
We may revise, discontinue, or otherwise modify, temporarily or permanently, the Services or any part thereof (including, without limitation, the HTD Site, this Agreement, the scope of the Services, and any materials related to the Services), or your access thereto. Without limiting the foregoing, we reserve the right at any time to terminate this Agreement as to all prior versions of the Services and/or related materials and limit access to our more recent versions and updates.
You may choose to accept or decline our changes by closing, continuing or discontinuing use of the Services to which these changes relate. Your use of the Services after we make any changes will constitute your agreement to such changes and the then current version of this Agreement as posted on the HTD Site.
We may, from time to time perform maintenance upon the Services or experience hardware, software or other problems related to the Services, resulting in interrupted service, delays or errors in the Services. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.
YOUR RESPONSIBILITIES AND LIABILITIES
You represent and warrant that you will maintain the confidentiality of End User Personal Information and shall only use End User Personal Information or the healthcare and personal information of other patients as permitted in this Agreement and consistent with state and federal privacy laws.
In order to provide the Services, HTD shall make information concerning you, including, without limitation, (i) your practice address, phone number, fax and email, (ii) photograph, and (iii) general practice information (collectively, “Your Information”), available on the HTD Site and as part of the Services made available by HTD to End Users of the Site.
It is your sole responsibility to ensure that the contact and licensure information in your HTD user profile is current and accurate. This contact information includes, but is not limited to, name, address, phone numbers, e-mail addresses, states and types of licensure, and account numbers. Changes to your contact information can be made in the personnel section of the HTD website. You will promptly update and notify HTD of any change in this information. You are solely responsible for any liability or expense resulting from outdated or inaccurate information.
You agree that HTD may share Your Information with any hospital, insurance company, healthcare provider or other similar entity with whom you are professionally affiliated (“Related Entities”) for the purposes of enabling the Related Entities to use, display and reproduce Your Information to their patients or clients and/or to book appointments through the Services on their behalf.
You agree that HTD may contact you via email regarding this Agreement, the Site or the Services.
You will respond to End User scheduling requests within a reasonable amount of time, but in no event more than one business day after receipt of an End User’s request for an appointment.
We reserve the right to terminate this Agreement and your access to the Services, in whole or in part, at any time and for any reason.
This Agreement is personal to you and you may not assign this Agreement or your rights to the Services to any other party. We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder, under our sole discretion and without your consent. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
HARM TO COMPUTER SYSTEMS/DATA
You agree that we shall have no liability of any kind for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer by downloading information, software, or other materials from the HTD Site or any other HTD Site.
LIMITATION OF LIABILITY
You acknowledge that HTD is not a health care provider, licensed or otherwise. HTD cannot and will not assume responsibility for the direct care of any patient, which shall, at all times remain your responsibility. HTD will not be responsible for the assignment of staff to treat End Users or any other activity that involves the practice of medicine or the provision of health care services.
You acknowledge and agree that HTD is not responsible for (i) the accuracy, reliability, timeliness, or completeness of Your Information, End User Personal Information, other data provided by End User, or any other data or information provided or received through the HTD Site or the Services, (ii) the results that may be obtained from the use of the HTD Site or the Services, (iii) the provision of your services as a result of your reliance on any End User Personal Information or other data provided by End User, through the HTD Site or the Services, or (iv) the cancelling or rescheduling of any appointment booked through the HTD Site or the Services by any End User.
Except as otherwise expressly provided herein, your use of the Services is at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE ENTITIES COMPRISING HTD OR ITS VENDORS AND SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE HTD SITE OR SERVICES IS LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND; OR (II) LOSS OF PROFITS, LOST REVENUE, COST OF REPLACEMENT GOODS OR SERVICES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES, OR THE INABILITY TO ACCESS OR USE THE SERVICES, WHETHER CAUSED BY HTD OR THIRD PARTIES, ONLINE SERVICE PROVIDERS, ANY AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING. IN NO EVENT SHALL HTD’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR SERVICES IN THE LAST 30 DAYS.
You will defend, indemnify and hold HTD and its affiliates, directors, officers, employees, consultants and agents harmless from any and all claims, actions, proceedings, losses, damages, liabilities and expenses, including reasonable attorneys’ fees and amounts awarded by a court or paid in settlement, arising from or related to (i) any services or treatment provided by you to an End User resulting from your use of the Services or the HTD Site, or (ii) any breach of a representation or warranty hereunder.
GOVERNING LAW AND DISPUTE RESOLUTION
The terms and conditions contained in this Agreement shall be construed under and governed by the laws of the State of Arizona and any dispute arising from this Agreement or the breach of this Agreement shall be governed by the laws of the State of Arizona.
You agree that any dispute, controversy or disagreement arising out of or relating to this Agreement, the breach thereof, or the subject matter thereof, shall be settled exclusively by binding arbitration, which shall be conducted in accordance with the American Health Lawyers Association Alternative Dispute Resolution Service Rules of Procedure for Arbitration, and which to the extent of the subject matter of the arbitration, shall be binding not only on all parties to the Agreement, but on any other entity controlled by, in control of or under common control with the party to the extent that such affiliate joins in the arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SERVICES AND THE HTD SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM ANY COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE. WHILE HTD MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION IN CONNECTION WITH THE SERVICES, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, HTD MAKES NO WARRANTY THAT (i) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (ii) ANY INFORMATION CONTAINED ON, RESULTS THAT MAY BE OBTAINED FROM THE USE OF, OR OTHER ASPECT OF THE SERVICES WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE.
Nothing contained in the Services is intended to provide medical, legal, accounting, tax, business, or financial advice. You should consult your own professional advisor on such matters.
This Agreement has been negotiated in good faith through arms length negotiations. Nothing contained in this Agreement, including any compensation paid or payable, is intended or shall be construed: (i) to require, influence or otherwise induce or solicit a party or any of its affiliates regarding referrals of business, or recommending the ordering of any items or services, of any kind whatsoever to any of the other parties or their affiliates, or to any other person; or (ii) to interfere with an End User’s right to choose his or her own health care provider.
If any provision of this Agreement is void or unenforceable, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
The relationship of the parties shall be that of independent contractors. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as specifically provided herein.
If we have to file a lawsuit to collect whatever you owe us, you will pay our reasonable expenses under this Agreement, including arbitration fees, attorneys’ fees and court costs.
AREA OF SERVICE
Unless otherwise agreed by HTD, the Services described in this Agreement are solely offered within the United States of America.
Last Revised: August 6, 2013