Terms of Use

Welcome to Chronic Care Management (“CCM”). All users of this web site, as well as CCM’s related products and services (collectively, the “Service”), are subject to the following terms and conditions of use (the “Terms of Use”).  Please read these Terms of Use carefully before accessing or using any part of the Service.  By accessing or using the Service, you agree that you have read, understand, and agree to be bound by these Terms of Use, as amended from time to time, and agree to CCM’s Privacy Policy which is incorporated into these Terms of Use.  If you do not wish to agree to these Terms of Use, do not access or use any part of the Service.

 

Definitions

  • Aggregate Data.  Aggregate Data is Personal Health Record (see below) data that has identifiers removed and is grouped so it does not identify or connect to the patient or user as an individual: Aggregate Data is information that does not identify an individual Services user.
  • Authorized Individuals.  An Authorized Individual is an individual whom you authorize to enter or access your data on your behalf, an may include a parent, guardian, or other legal representative.
  • “PHR” stands for Personal Health Record, an electronic record system that can help collect, manage, and share health information.  PHR Data includes, but is not limited to, the following:
    • Your name and contact information, such as your address, phone number, or email address
    • Your medical history, conditions, treatments, and medications
    • Your healthcare claims, health plan account numbers, bills, and insurance information
    • Demographic information, such as your age, gender, ethnicity, and occupation
    • Computer information, such as your IP address and “cookie” preferences
  • Personal Information.  Personal Information includes your PHR Data, as well as any other information about you that can be reasonably linked to you, such as your name, health information, and other identifiers.  Personal Information may also include but is not limited to your financial information or social security number.
  • Provider.  A healthcare provider, healthcare practice, nursing home, home health care agency, or other entity that you authorize to provide information to your CCM PHR Data.

 

The Service is provided by Chronic Care Management, LLC, (“CCM”) with an office at 30575 Bainbridge Rd., Building 2, Suite 180, Solon, Ohio 44139. All references to CCM include its subsidiaries or affiliates involved in providing the Service.  Your use of the Service is subject to these Terms of Use. CCM may change these Terms of Use at any time by posting the amended Terms of Use to this website and providing a notice on the website that the Terms of Use has changed.  If you do not agree to the Terms of Use as amended, you may stop using the Service and cancel your account.

 

Your Account

You must provide accurate and complete registration information when you register to use the Service.  You are responsible for the security of your passwords and for any use of your account.  CCM reserves, in its sole discretion, the right to restrict who is eligible for an account, and may terminate, cancel or reject an account at any time without liability. CCM may enable you to create accounts for other members of your family over whom you have legal authority.  You may only do so if you are the Authorized Individual/Authorized Individual-Representative, and by doing so, you certify that you have such authority.  You may also grant access to an Authorized Individual who can access information or perform certain transactions through your account, and permit your authorized health care providers to communicate with such Authorized Individuals about your health status.

 

Use of the Service

CCM currently provides both free Services, and other Services for which it charges a fee to the Provider. CCM reserves the right to charge a fee for access to all or any part of the Service, but if that access was previously free, you will not be changed for access unless CCM obtains your prior agreement to pay for such access. CCM reserves the right to change its fees, if any, from time to time in its discretion.

 

Collection of Your Information

PHR Data may be entered into the Service directly by you personally or via data transfer from a third-party repository, such as your Provider’s electronic health records or other third-party sources, as further described below.  With respect to your PHR Data collected from third-party sources, CCM shall not collect such information without your specific, written authorization to do so.  Modifications to PHR records are not automatically communicated to your Providers or any third-party sources. If you want your Provider or a third party to know of changes within your CCM record, you must inform the Provider or third-party of such changes.

 

Not an Emergency Service Communications with Providers through the Services are not in “real-time”, and should not be used for urgent or emergency situations.  The Service does not provide any medical services.  PLEASE CALL 911 OR YOUR HEALTH CARE PROVIDER IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR IF YOU NEED URGENT CARE.

 

Use of Your Information

When you provide Personal Information through the Service, you provide CCM authorization to use and distribute it in connection with the Service.  However, CCM may use Personal Information only as permitted by the CCM Privacy Policy, these Terms of Use, and applicable law.  Certain information within CCM may be considered to be Personally Identifiable Information that is governed by the privacy and security standards of the FTC and its Health Breach Notification Rule. The FTC requires companies to follow their written privacy policies and agreements with consumers. In the event of a Breach of a consumer’s Personally Identifiable Health Information, CCM is required to notify the consumer and the FTC of the event in accordance with 16 C.F.R. – 318. The health information within the CCM PHR is not subject to the separate requirements of HIPAA.

 

CCM may use non-identifiable anonymous data that is taken from the Personal Information you provide and combine it with other anonymous data to create what is referred to as “Aggregate Data” that may be disclosed to third parties.  Aggregate Data is information that describes the habits, usage patterns and/or demographics of users as a group but does not reveal the identity of particular users.  Aggregate Data will be used to determine such things as user demographics and usage patterns for our services.  CCM may use Aggregate Data within CCM to understand the needs of its community of users and determine what kinds of programs and services CCM can offer to you.

 

Provider Access

As part of the Service, you may authorize participating Providers to provide Personal Information about you from the Providers’ electronic health records to the Service.  You may use the Service to share certain Personal Information with such Providers. You may use the Service to communicate with such Providers.  You understand that any decision to use the Service in such ways is entirely voluntary.  You understand that if you authorize a Provider to access your Personal Information in the Service and communicate with you via the Service that Provider may permit its/his/her staff and other authorized users within its/his/her facility or office to use the Service to access your Personal Information and communicate with you as well. CCM relies on the Providers authorized by you to confirm that they meet the criteria for participating in the Service.  You acknowledge and agree that CCM is not responsible for any such entity misidentifying itself or any misuse of the data by such health care providers or their authorized personnel.  CCM’s sole liability and sole responsibility shall be to discontinue access to any entity or individual which CCM learns misidentified itself/himself/herself or is otherwise misusing PHR Data.

 

You may revoke any Provider’s, other third-party’s, or Authorized Individual’s permission access to the Service, however, CCM is relying on you to review and assess the qualifications of your Providers and to make appropriate decisions with respect to Authorized Individuals.  CCM does not examine the credentials of, perform background checks on, or give its endorsement to any Provider or Authorized Individual.

 

Third-party Content & Services

CCM may make third-party content and services available through the Service.

CCM is not responsible for and does not endorse any third-party content or services, and does not make any representations or warranties regarding their quality, content or accuracy.  CCM further does not endorse any third-party Service Providers (including Providers), products, services, opinions, or websites accessed through the Service.  USE OF THIRD-PARTY SERVICES AND RELIANCE ON THEIR CONTENT IS SOLELY AT YOUR OWN RISK.  CCM MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.

 

Not Medical Advice

You acknowledge and agree that neither CCM nor the Service offers medical advice.  Any content or data accessed through the Service is for informational purposes only and is not a substitute for the professional judgment of health care providers in diagnosing and treating patients.  CCM, its licensees and Service Providers are not responsible for the accuracy, timeliness, or completeness of your Personal Information, or for any reliance by you or any medical professional on your Personal Information.  CCM is not responsible for any Provider’s reliance or non-reliance on your Personal Information, PHR Data or the accuracy thereof.

 

Prescriptions

CCM may enable a tool within the Service that allows you review and/or request a renewal of prescriptions from your authorized Providers.  If you use the Service to review or request a renewal of a prescription, you agree that it is up to you to (a) verify that you have obtained the intended prescription and medication; (b) review all accompanying labels, instructions and information; and (c) contact your Provider with any questions or concerns regarding your prescriptions.  CCM, its licensees and Service Providers are not responsible for any inaccuracy in prescriptions, medications, or the way in which you take such medications.    

 

CCM Proprietary Rights

CCM and its licensees own all proprietary rights to the Service and all content and technology related thereto, except for Personal Information and PHR Data.  CCM grants you a personal, revocable, non-assignable, and non-exclusive license to use the Service in accordance with these Terms of Use.  You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of CCM’s or its licensees’ proprietary material in the Service without the prior written consent of CCM.  Except as expressly set forth herein, you have no right, title or license to any of CCM’s or its licensees’ intellectual property.

 

Restrictions on Use

Your use of the Service and any content accessed or submitted through the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.  Specifically you agree not to do any of the following:  (i) upload to or transmit on the Service any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (ii) use the Service to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (iii) intercept or attempt to intercept electronic mail or messages not intended for you; (iv) misrepresent an affiliation with any person or organization; (v) upload to or transmit on the Service any advertisements or solicitations of business; (vi) restrict or inhibit use of the Service by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via this Service; (vii) upload or otherwise transmit files that contain a virus or corrupted data; (viii) collect information about others (including e-mail addresses) without their consent; (ix) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Service or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Service); (x) post “spam,” transmit chain letters or engage in other similar activities; (xi) advocate illegal activity or discuss an intent to commit an illegal act; (xii) disobey any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of this Service or any networks connected to this Service; (xiii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; (xiv) upload to or transmit on the Service any hyperlinks to other sites that contain content that falls within the descriptions set forth in this Section; (xv) access the Service other than by the interfaces provided by CCM; (xvi) create, transmit, or display health or other information that you do not own or do not have the right to use; or, (xvii) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by CCM, may harm CCM or users of the Service or expose them to liability.

 

Modification and Termination

CCM may place limits on, modify, suspend or terminate all or any portion of the Service at any time without prior notice.  Additionally, notwithstanding the rights you may have to your Personal Information, if any, CCM may cancel your account and delete all data associated with your account at any time, and without notice, if we deem that you have violated the terms of this agreement. If the connection to your Provider is suspended or terminated by your Provider, you will no longer have access to your CCM account. Accordingly, you are solely responsible for maintaining your own copies of any PHR Data or Personal Information maintained within the Service or of any communications received through the Service.  CCM assumes no liability for any information removed from the Service.  CCM also has the right to maintain and/or destroy all data associated with your account in accordance with its then current document retention and destruction policies.  Upon any termination of your access to the Service, you must cease all use of the Service.

 

Exclusion of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NEITHER CCM NOR ANY OF CCM’S LICENSEES OR SERVICE PROVIDERS MAKES ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  NEITHER CCM NOR ANY OF CCM’S LICENSEES OR SERVICE PROVIDERS MAKES ANY WARRANTY THAT THE CONTENT IN THE SERVICE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.  CONTENT IN THE SERVICE IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER CCM NOR ANY OF CCM’S LICENSEES OR SERVICE PROVIDERS MAKES ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.

 

Limitation of Liability

NEITHER CCM NOR ANY OF ITS LICENSEE’S OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN SERVICE, WHETHER OR NOT THERE IS NEGLIGENCE BY CCM AND WHETHER OR NOT CCM HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.   NEITHER CCM NOR ANY OF ITS LICENSEES OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000.   THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.

 

Law and Venue

These Terms of Use are governed by Ohio law.  THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THE SERVICE IS THE STATE AND FEDERAL COURTS LOCATED IN CUYAHOGA COUNTY, OHIO.  YOU AND CCM CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS.  Nothing in this agreement limits either party’s ability to seek equitable relief.

 

General Legal Terms

For purposes of clarification, these Terms of Use are for end users of the Service.  From time-to-time, CCM may require licensees of components of the Service and other CCM offerings to enter into a separate agreement with CCM related to such components or offerings.  If there is any conflict between such agreement and these Terms of Use, the separate agreement will control with respect to the specific product or service. CCM’s licensees and Service Providers are third-party beneficiaries to these Terms of Use.  If CCM provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.  Failure to enforce any provision will not constitute a waiver of that provision.  If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.  The other provisions of these Terms of Use shall remain in full force and effect.

 

Date last modified:  July 13, 2015