Welcome to Private Practice. We are excited to provide this important tool to midwives and their clients. Private Practice recognizes that while our primary goal to make your workflow less complicated, there are still some very complex and significant legal considerations for everyone who uses our product to understand.
Terms of Use
As much as we dislike complicated legalese, we can’t do much about the need to be clear about our mutual agreement on who is responsible for what. This agreement includes our disclosures regarding HIPAA compliance in the protection of protected health information (PHI).
Click Here to view the Midwife/Provider terms of use.
Click Here to view the Client terms of use.
Midwife/Provider Terms of Use:
Welcome to Private Practice, a Vender of practice mangagement Software and related Service to midwives and their clients.
Terms of Use
By registering or using the Service, you agree to be bound by these Terms of Use without modification. Please make sure you read these Terms of Use thoroughly before registering.
Definition of Terms
As used in these Terms of Use, “Vendor”, “We”, “Us” and “Our” refer collectively to Private Practice, LLC. “Covered Entity”, “You” and “User” refer to You, the user of this Service. “Software” includes all software that comprises the Service or is used to interact with the Service.
Changes to These Terms of Use
We reserve the right to change these Terms of Use at any time. If the Terms of Use changes you will be notified upon your next login, and your use of the Services or access to the Private Practice, LLC Web Site constitutes your agreement to the Terms of Use as they appear at the time you use the Services or access to the Private Practice, LLC Web Site.
Your Representations
You represent and warrant that You are at least eighteen (18) years of age and that you have the legal right and ability to enter into these Terms of Use and to use the Service.
Password Confidentiality and Computer Security
You are alone responsible for keeping your password confidential and for the security of any computer you use to access the Service. You agree to notify Private Practice, LLC if you become aware that your password has been compromised or that there is any other security problem with the Service.
Privacy Policy
Your privacy is very important to us. Our Privacy Policy shall apply to your access to the Private Practice, LLC Web Site and your use of the Service and Software. Click here to view our privacy policy.
HIPAA Privacy and Security Policy Disclosure
Vendor (Private Practice) is entrusted with confidential patient information for use in providing practice management and related services. Most of those health care providers are considered “Covered Entities”, under the US. Department of Health and Human Services (“HHS”) Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Both the Vendor and the Covered Entity wish to meet their obligations under the standards for privacy of individual identifiable health information (the “privacy rule”) of HIPAA and because it is the right thing to do.
In consideration of these facts, both parties agree to the following:
1. Permitted Uses and Disclosures of Protected Health Information
1.1 Services. Vendor provides practice management and related services (“Services”) that involve the use and/or disclosure of protected health information. These Services are provided to Covered Entity under an agreement (“Service Agreement”) that specifies the Services to be provided by Vendor. Except as otherwise specified herein, Vendor may make any and all uses of protected health information received from or created on behalf of Covered Entity which are necessary to perform Vendor’s obligations under the Service Agreement; provided, however, that all other uses not authorized by this Agreement, the Service Agreement, or other written instructions from Covered Entity, are prohibited. Moreover,Vendor may disclose protected health information for the purposes authorized by this Agreement only (i) to its employees, subcontractors and agents in accordance with Section
2.1(e) below, (ii) as directed by Covered Entity, or (iii) as otherwise permitted by the terms of this Agreement including, but not limited to, Section 1.2(b) below.
1.2 Business Activities of Vendor. Unless otherwise limited herein, Vendor may:
(a) use the protected health information in its possession for its proper management and administration and to fulfill any present or future legal responsibilities of Vendor; and
(b) disclose the protected health information in its possession to third parties for the purpose of its proper management and administration or to fulfill any present or future legal responsibilities of Vendor, provided that (i) the disclosures are “required by law,” as defined in 45 C.F.R. § 164.501, or (ii) Vendor has received from the third party written assurances regarding its confidential handling of such protected health information as required under 45 C.F.R. § 164.504(e)(4).
Our Responsibilities regarding use/disclosure of Personal Health Information:
2.1 Vendor (Private Practice) agrees to:
(a) use and/or disclose the protected health information only as permitted or required by this Agreement or as otherwise required by law;
(b) use commercially reasonable efforts to maintain the security of the protected health information and to prevent the unauthorized use and/or disclosure of such protected health information;
(c) report to Covered Entity, in writing, any use and/or disclosure of the protected health information that is not permitted or required by this Agreement of which Vendor becomes aware within five (5) days of Vendor’s discovery of such unauthorized use and/or disclosure;
(d) establish procedures for mitigating, to the greatest extent possible, any deleterious effects from any improper use and/or disclosure of protected health information that Vendor reports to Covered Entity;
(e) require all of its subcontractors and agents that receive, use, or have access to protected health information under this Agreement to agree to adhere to the same restrictions and conditions on the use and/or disclosure of protected health information that apply to Vendor pursuant to this Agreement and to provide adequate safeguards against improper use or disclosure;
(f) at the request of, and in the time and manner designated by Covered Entity, provide access to the protected health information to Covered Entity, or the individual to whom such protected health information relates, or his or her authorized representative, in order to satisfy a request by such individual under HIPAA;
(g) upon written request of Covered Entity, make available within ten (10) days such information in Vendor’s possession which is necessary for Covered Entity to make an accounting of disclosures of an individual’s protected health information;
(h) forward to Covered Entity within two (2) business days of receipt any request by a patient of Covered Entity for access to or an accounting of disclosures of protected health information directly from Vendor;
(i) make available all records, books, agreements, policies and procedures relating to the use and/or disclosure of protected health information to the Secretary of HHS for purposes of determining Covered Entity’s compliance with the Privacy rule; and
(j) subject to Section 4.5 below, destroy, within 30 days of the termination of this Agreement, the protected health information in its possession
and retain no copies (which for purposes of this Agreement shall mean segregable databases or files identifiable to Covered Entity that are used by Vendor in providing Services on behalf of Covered Entity).
Your Responsibilities regarding use/disclosure of Personal Health Information:
3.1 I agree to:
(a) to obtain any patient consent or authorization that may be required by the Privacy rule or applicable state law prior to furnishing Vendor protected health information pertaining to an individual;
(b) not furnish Vendor protected health information that violates any restrictions on use and/or disclosure as provided for in 45 C.F.R. § 164.522 and agreed to by Covered Entity;
Term and Termination
4.1. Term. This Agreement shall become effective on the Effective Date and shall continue in effect unless terminated as provided in this Section 4. In addition, certain provisions and requirements of this Agreement shall survive the expiration or termination of this Agreement in accordance with Section 5.4 herein.
4.2. Termination by Covered Entity. Covered Entity may immediately terminate this Agreement at any time.
4.3. Termination by Vendor. Vendor may immediately terminate this Agreement if Vendor determines that Covered Entity has breached a material term of this Agreement.
4.4 Effect of Termination. Upon the termination of this Agreement, Vendor agrees to destroy within 30 days all protected health information identifiable, including such information in the possession of Vendor’s subcontractors, if it is feasible to do so. If return or destruction of the protected health information is not feasible, Vendor will notify Covered Entity in writing. Said notification shall include: (i) a statement that Vendor has determined that it is unfeasible to return or destroy the protected health information in its possession; and (ii) the specific reasons for such determination. Vendor further agrees to extend any and all protections, limitations and restrictions contained in this Agreement to Vendor’s use and/or disclosure of any protected health information retained after the termination of this Agreement, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the protected health information unfeasible.
Miscellaneous
5.1. Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the Parties’ compliance with federal and/or state health information confidentiality laws and regulations, as well as the Parties’ obligations under the business associate provisions of 45 C.F.R. parts 160 and 164. This Agreement supersedes all prior or contemporaneous written or oral memoranda, arrangements, contracts or understandings between the Parties hereto relating to the Parties’ compliance with federal and/or state health information confidentiality laws and regulations and the Parties’ health information confidentiality and security obligations under 45 C.F.R. parts 160 through 164.
5.2. Change of Law. The Parties agree to negotiate in good faith mutually acceptable and appropriate amendment(s) to this Agreement to give effect to any amendment to any provision of HIPAA, or its implementing regulations set forth at 45 C.F.R. parts 160 through 164, or any new privacy or security requirements imposed under state or federal law, which materially alters either Party’s or both Parties’ obligations under this Agreement; provided, however, that if the Parties are unable to agree on mutually acceptable amendment(s) within thirty (30) days of the relevant change of law, either party may terminate this Agreement consistent with sections 4.5 and 5.4.
5.3. Construction of Terms. The terms of this Agreement shall be construed in light of any interpretation and/or guidance on HIPAA and the privacy rule issued by HHS from time to time.
5.4. Survival. Section 6 and this Section 5.4 shall survive termination of this Agreement. Therespective rights and obligations of Vendor and Covered Entity under the provisions of Sections 2.1, 2.2, and 4.5, solely with respect to protected health information Vendor retains in accordance with Section 4.5 because it is not feasible to return or destroy such protected health information, shall survive termination of this Agreement for so long as such information is retained.
6. Limitation of Liability.
Neither party shall be liable to the other party for any incidental, consequential, special, or punitive damages of any kind or nature arising from its performance of this agreement, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability), or otherwise, even if the other party has been advised of the possibility of such loss or damages.
7. Definitions
7.1. Regulatory citations in this Agreement are to the United States Code of Federal Regulations (“C.F.R.”), as interpreted and amended from time to time by HHS, for so long as such regulations are in effect.
7.2. Unless otherwise specified in this Agreement, all terms not otherwise defined shall have the meaning established for purposes of 45 C.F.R. parts 160 through 164, as amended from time to time.
Links
We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Use of the Service and Software
We hereby grant you a non-exclusive, non-transferable, revocable right, without the right of sublicense, to access and use the Service and Software, subject to these Terms of Use.
No Unlawful or Prohibited Use
You agree that you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Private Practice, LLC Web Site, Service or Software in any manner that could damage, disable, overburden or impair the Private Practice, LLC Web Site, Service or Software or interfere with any other party’s use and enjoyment of the Private Practice, LLC Web Site.
Restrictions on Use
You acknowledge and agree that the Service and the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except for information you provide, all content on the Service is copyrighted by us and/or one or more of our Suppliers. You may download and/or print a copy of information provided on this Service for your personal use only, provided you keep all copyright and trademark notices intact. All Software is owned by Private Practice, LLC and/or its Suppliers and is protected by copyright laws and international treaty provisions. You may not reproduce (except as specifically set forth herein), download, modify, create derivative works from, distribute, or attempt to reverse engineer, decompile, disassemble, or access the source code for the Software. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. You may not, copy, paraphrase, omit, display, store, timeshare, rent, lease, sublicense, publish, distribute, transmit, create derivative works from, transfer, assign, sell or commercially exploit in any manner whatsoever the Software or content on our Web Site. All marks displayed on the Service or in the Software are Our trademarks or service marks (both registered and unregistered). No right license or interest in such marks is granted to you under this Agreement. You agree that you will not assert any such right, license or interest with respect to such marks.
Disclaimer of Warranty
The Private Practice, LLC web site and the service and software are provided “as is” without warranty of any kind, including but not limited to warranties of suitability, reliability, availability, timeliness or accuracy of the information, service, software or related graphics contained on or provided through the Private Practice, LLC web site for any purpose. Private Practice, LLC and its respective suppliers hereby disclaim all warranties with regard to this information, software, service and related graphics, including all implied warranties of merchantability and fitness for a particular purpose, title and non-infringement. you may use certain third-party software (including web browsers) re in connection with accessing the service and software. we make no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of such third-party software or hardware. The quality, capabilities, operations, performance and suitability of such third-party software or hardware lie solely with you and the vendor or supplier or such third-party software or equipment, as the case may be. the information, software and service included in or available through the Private Practice, LLC web site may include inaccuracies or typographical errors. changes are periodically made to the Private Practice, LLC web site and the information, software and service available on the site. You understand that we and our suppliers cannot and do not warrant that files available through the service or the software will be free of infection or viruses, worms, trojan horses or other code that manifests contaminating or destructive properties. we do not assume any responsibility for your use of the service and the software, and you expressly acknowledge and agree that your use of the service and the software is at your sole risk.
Limitation of Liability
Neither Private Practice, LLC, nor any of its officer, directors, employees, agents or Suppliers shall be liable for losses or damages arising from input errors or misuse of the Service, negligent handling or sharing of any password, leaving a computer unattended during an online session or failure to sign off at the end of your session, compromise of any password or account privacy arising from security problems with any computer you use to access Private Practice, LLC, the Service or Software, or your failure to report a known incident of unauthorized account access or incorrect information.
In no event shall Private Practice, LLC or any of its officers directors, employees, agents or suppliers shall be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Private Practice, LLC web site or the service or software, with the delay or inability to use the Private Practice, LLC web site or the service or software, or otherwise arising out of the use or misuse of the Private Practice, LLC web site or the service or software, even if we or our suppliers know of or have been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion of limitation of liability” for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Private Practice, LLC web site, or the service or software, or any of these terms of use, your sole and exclusive remedy is to discontinue using the Private Practice, LLC web site, the service and the software.
Indemnification.
You agree to indemnify, defend and hold harmless Private Practice, LLC, its officers, directors, employees, agents and suppliers from and against all claims, actions or demands, liabilities, and settlements, including but not limited to, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of these terms of use or any activity related to your account (including but not limited to use of the service and software, infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the service, software or this web site using your account.
Term and Termination
Either we or you may terminate your right to use our Web Site and the Service at any time, with or without cause, upon notice. We reserve the right to terminate or suspend your right to use our Web Site and the Service without prior notice, but we will confirm such termination or suspension by subsequent notice and provide you will all of your data. In addition, We may withdraw, suspend or discontinue any functionality or feature of our Web Site. The provisions of these Terms of Use concerning Disclaimer of Warranty, Limitation of Liability, Indemnification, Term and Termination and General Legal Provisions shall survive any termination of these Terms of Use.
General Legal Provisions
Applicable Law and Jurisdiction. These Terms of Use will be governed by Virginia law for all purposes, including Web site and services use and product purchases, without regard to or application of choice of law rules or principles. You hereby consent to the jurisdiction and venue of the courts of Virginia. You should be aware that some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion for incidental or consequential damages that are contained in this Terms of Use. By agreeing to be bound by these Terms of Use, You may be waiving legal rights that could be available to you in another jurisdiction.
Severability
If any provision of these Terms of Use or of any other legal notices posted by us on this Web Site is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Terms of Use should remain in full force and effect.
Waiver
Our failure to exercise or enforce any right or provision of these Terms of Use or other legal notices posted by us on this Web Site shall not constitute a waiver of such right or provision. No waiver of any of these Terms of Use or of any other legal notices posted by us on this Web site shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
No Modification by Course of Conduct or Trade Practice
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use or of any other legal notice posted by Us on this Web Site.
Assignment
We may assign our rights and duties under these Terms of Use to any person at any time without notice to You or Your approval.
Notices
If You have questions or comments regarding this Web Site, please contact Us at: info@PrivatePractice.com
Complete Agreement
These Terms of Use and all other legal notices (including but not limited to these Terms of Use and the Privacy Policy) on this Web site constitute the complete agreement between You and Us with respect to the use of the Private Practice, LLC Web Site, the Service and the Software. You also may be subject to additional terms and conditions that may apply when You use third-party content or third-party software.
Whew! That’s it for now. You need to go back to your set up page and click that you have read and understand the above agreement and click “Agree”. As we keep our eye on the bouncing HIPAA ball, we will inform you of any changes that we need to make to our agreement in order to be in compliance.
Client User Terms of Use
Terms of Use
By registering or using the Service, you agree to be bound by these Terms of Use without modification. Please make sure you read these Terms of Use thoroughly before registering.
Definition of Terms
As used in these Terms of Use, “We”, “Us” and “Our” refer collectively to Private Practice, LLC. “You” and “User” refer to You, the user of this Service. “Software” includes all software that comprises the Service or is used to interact with the Service, and includes all software provided by Our Suppliers.
Changes to These Terms of Use
We reserve the right to change these Terms of Use at any time. If the Terms of Use changes you will be notified upon Your next login, and Your use of the Services or access to the Private Practice, LLC Web Site constitutes Your agreement to the Terms of Use as they appear at the time You use the Services or access to the Private Practice, LLC Web Site.
NOT FOR EMERGENCIES
The Service is not for use in medical emergencies or urgent situations. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR MIDWIFE IMMEDIATELY.
Your Representations
You represent and warrant that You are at least eighteen (18) years of age and that You have the legal right and ability to enter into these Terms of Use and to use the Service.
Password Confidentiality and Computer Security
You are alone responsible for keeping Your password confidential and for the security of any computer You use to access the Service. You agree to notify Private Practice, LLC if You become aware that Your password has been compromised or that there is any other security problem with the Service.
Privacy Policy
Your privacy is very important to us. Our Privacy Policy shall apply to Your access to the Private Practice, LLC Web Site and Your use of the Service and Software. Click here to view our full privacy policy.
HIPAA Privacy and Security Policy Disclosure
You agree by using the Service that your provider may communicate with via standard email. Email sent by the Service on behalf of your provider, may include the following protected health information:
- Notification of new progress notes or files about your care.
- Notification of messages posted to you or in response to you, these notifications and message content will be sent to you via standard email and you can reply via standard email.
You agree that, at the request of your provider for Customer Support or to troubleshoot Software used by the Service, the Service may need to access your protected health information. At no time will your protected health information be used, shared, or copied without your authorization.
Your Obligation to Verify Information Sent to Your Healthcare Providers
You and Your midwife or other healthcare provider are solely responsible for all information stored or communicated using the Service. You agree to verify the accuracy and completeness of all information communicated to Your providers using the Service. You will notify Your provider if You find any inaccuracy or incompleteness in the information received by the provider from the Service. You agree that We shall not be liable for any inaccuracy or incompleteness of any such information.
Links
We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Use of the Service, Software, and Hardware
We hereby grant You a non-exclusive, non-transferable, revocable right, without the right of sublicense, to access and use the Service and Software, subject to these Terms of Use. You may use the Software and Service solely for Your own personal and non-commercial use.
No Unlawful or Prohibited Use
You agree that You will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Private Practice, LLC Web Site in any manner that could damage, disable, overburden or impair the Private Practice, LLC Web Site or interfere with any other party’s use and enjoyment of the Private Practice, LLC Web Site.
Restrictions on Use
You acknowledge and agree that the Service and the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except for information You provide, all content on the Service is copyrighted by Us and/or one or more of Our Suppliers. You may download and/or print a copy of information provided on this Service for Your personal use only, provided You keep all copyright and trademark notices intact. All Software is owned by Private Practice, LLC and/or its Suppliers and is protected by copyright laws and international treaty provisions. You may not reproduce (except as specifically set forth herein), download, modify, create derivative works from, distribute, or attempt to reverse engineer, decompile, disassemble, or access the source code for the Software. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. You may not, copy, paraphrase, omit, display, store, timeshare, rent, lease, sublicense, publish, distribute, transmit, create derivative works from, transfer, assign, sell or commercially exploit in any manner whatsoever the Software or content on Our Web Site. All marks displayed on the Service or in the Software are Our trademarks or service marks (both registered and unregistered). No right license or interest in such marks is granted to You under this Agreement. You agree that You will not assert any such right, license or interest with respect to such marks.
Disclaimer of Warranty
The Private Practice, LLC web site and the service and software are provided “as is” without warranty of any kind, including but not limited to warranties of suitability, reliability, availability, timeliness or accuracy of the information, service, software or related graphics contained on or provided through the Private Practice, LLC web site for any purpose. Private practice, llc and its respective suppliers hereby disclaim all warranties with regard to this information, software, service and related graphics, including all implied warranties of merchantability and fitness for a particular purpose, title and non-infringement. You may use certain third-party software (including web browsers) re in connection with accessing the service and software. we make no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of such third-party software or hardware. The quality, capabilities, operations, performance and suitability of such third-party software or harware lie solely with you and the vendor or supplier or such third-party softwaree or equipment, as the case may be. the information, software and service included in or available through the Private Practice, LLC web site may include inaccuracies or typographical errors. changes are periodically made to the Private Practice, LLC web site and the information, software and service available on the site. You understand that we and our suppliers cannot and do not warrant that files available through the service or the software will be free of infection or viruses, worms, trojan horses or other code that manifests contaminating or destructive properties. we do not assume any responsibility for your use of the service and the software, and you expressly acknowledge and agree that your use of the service and the software is at your sole risk.
Limitation of Liability
Neither Private Practice, LLC, nor any of its officer, directors, employees, agents or Suppliers shall be liable for losses or damages arising from input errors or misuse of the Service, negligent handling or sharing of any password, leaving a computer unattended during an online session or failure to sign off at the end of Your session, compromise of any password or account privacy arising from security problems with any computer You use to access Private Practice, LLC, the Service or Software, or Your failure to report a known incident of unauthorized account access or incorrect information.
In no event shall Private Practice, LLC or any of its officers directors, employees, agents or suppliers shall be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Private Practice, LLC web site or the service or software, with the delay or inability to use the Private Practice, LLC web site or the service or software, or otherwise arising out of the use or misuse of the Private Practice, LLC web site or the service or software, even if we or our suppliers know of or have been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion of limitation of liability” for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Private Practice, LLC web site, or the service or software, or any of these terms of use, your sole and exclusive remedy is to discontinue using the Private Practice, LLC web site, the service and the software.
As losses and damages, if any, arising from your use of the services and the software and from your access to this web site would be difficult, if not impossible to assess, you agree that the total liability of Private Practice, LLC, its officers directors, employees, agents and suppliers, if any, for actual losses or damages shall not exceed the fees paid by you for use of the Private Practice, LLC web site, the service and or software or during the twelve months immediately preceding the event giving rise to such losses or damages, or, if no amounts have been paid by you, one u.s. dollar ($1.00 us).
Indemnification.
You agree to indemnify, defend and hold harmless Private Practice, LLC, its officers, directors, employees, agents and suppliers from and against all claims, actions or demands, liabilities, and settlements, including but not limited to, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of these terms of use or any activity related to your account (including but not limited to use of the service and software, infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the service, software or this web site using your account.
Term and Termination
Either We or You may terminate Your right to use Our Web Site and the Service at any time, with or without cause, upon notice. We reserve the right to terminate or suspend Your right to use Our Web Site and the Service without prior notice, but We will confirm such termination or suspension by subsequent notice. In addition, We may withdraw, suspend or discontinue any functionality or feature of Our Web Site. The provisions of these Terms of Use concerning Disclaimer of Warranty, Limitation of Liability, Indemnification, Term and Termination and General Legal Provisions shall survive any termination of these Terms of Use.
For Canadian Residents
You understand and agree that your health information will be maintained by your provider in an electronic form and may be electronically transmitted to funding agencies, organizations or other health care providers as required in the course of my treatment. Private Practice is a US based EHR that stores data within the United States. All personal health data is encrypted and protected from disclosure under US HIPAA regulation.
You understand that you have the right to refuse the use of electronic health records for the maintenance of your health information. The risks and benefits of maintaining and transmitting your health information in electronic form and storing it in the US have been discussed with you and you have had an opportunity to ask questions of your provider.
General Legal Provisions
Applicable Law and Jurisdiction. These Terms of Use will be governed by Indiana law for all purposes, including Web site and services use and product purchases, without regard to or application of choice of law rules or principles. You hereby consent to the jurisdiction and venue of the courts of [Indiana]. You should be aware that some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion for incidental or consequential damages that are contained in this Terms of Use. By agreeing to be bound by these Terms of Use, You may be waiving legal rights that could be available to You in another jurisdiction.
Severability
If any provision of these Terms of Use or of any other legal notices posted by Us on this Web Site is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Terms of Use should remain in full force and effect.
Waiver
Our failure to exercise or enforce any right or provision of these Terms of Use or other legal notices posted by Us on this Web Site shall not constitute a waiver of such right or provision. No waiver of any of these Terms of Use or of any other legal notices posted by Us on this Web site shall be deemed a further or continuing waiver of such term or condition or any other term or condition. No Modification by Course of Conduct or Trade Practice.
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use or of any other legal notice posted by Us on this Web Site.
Assignment
We may assign our rights and duties under these Terms of Use to any person at any time without notice to you or your approval.
Notices
If You have questions or comments regarding this Web Site, please contact Us at: info@PrivatePractice.com
Complete Agreement
These Terms of Use and all other legal notices (including but not limited to these Terms of Use and the Privacy Policy) on this Web site constitute the complete agreement between You and Us with respect to the use of the Private Practice, LLC Web Site, the Service and the Software.