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Terms Of Use

HIPAAtizer is a HIPAA-Compliant online form and document management service. When you use our service, you are agreeing to our terms, so please carefully read the entire Terms of Use Agreement (the “Agreement”) below.

NOTICE: This is a legally binding agreement.

1.0 Introduction

  • 1.1 Purpose.
    The purpose of HIPAAtizer and Cappers Applications Inc. (collectively “HIPAAtizer”) is to simplify the installation of WordPress form builder plugins, the creation of online forms and the collection of client data. Developers (defined below) will be able to install and test for Commercial Users (defined below) a plugin in order to provide online forms to End Users (defined below), in digital form, to be filled out and subsequently stored in a HIPAAtizer account before an appointment or at any other time that may be convenient for the Commercial User or End User. Completed forms are stored securely on HIPAA-Compliant servers and can be accessed by authorized users. Forms can be modified, printed, or potentially exported to integrate with the Commercial User’s practice management software. We make our plugin and services available through our website, the WordPress store and, ultimately, mobile application to ensure that Developers and Commercial Users create forms that are always HIPAA Compliant.
  • 1.2 Scope and Intent.
    You agree that by registering on HIPAAtizer or by using our plugin, websites, including our mobile applications, paid services, or any content or information provided as part of the HIPAAtizer services (collectively, the “Services”), you are entering into a legally binding agreement with HIPAAtizer, based on the terms of this HIPAAtizer Terms of Use and the HIPAAtizer  Privacy Policy, which is hereby incorporated by reference (collectively, the “Agreement”), whether as a registered user of the Services for business purposes or a reseller of HIPAAtizer services (collectively, a “Commercial User”), as a technology professional with WordPress development expertise (a “Developer”), or an existing or potential customer, client, patient, or other end user who uses the Services to submit personal, health, contact, or other information to a Commercial User (collectively, an “End User”). 

Developers, Commercial Users and End Users are collectively referred to herein as “Users.” If you do not agree with this Agreement, remove, or request removal of your account and data and do not access, view, download, or otherwise use any plugin, HIPAAtizer webpage, content, information, or services. By your use of the HIPAAtizer Services and plugin, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.

2.0 Your Obligations

  1. 2.1 Applicable Laws and This Agreement
    You must comply with all applicable laws, including the laws from where you access HIPAAtizer, and this Agreement, as may be amended from time to time without advance notice, and the policies and processes explained in the following sections and in our  Privacy Policy. 
  2. 2.2 Submissions of Personal Data to HIPAAtizer
    You understand that the information collected from an End User and stored in the HIPAAtizer Applications on behalf of any Commercial User are the data subjects of that Commercial User, and the Commercial User is considered the data controller for this personal data. As such, you understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, and other data, whether publicly posted or privately transmitted, are the sole responsibility of the sender from which such content was originated. This means that each Commercial User and End User, not HIPAAtizer, are entirely responsible for all such content that it uploads, submits, emails, or otherwise transmits via the Services. HIPAAtizer does not control or verify the data submitted through the Services and, as such, does not guarantee the accuracy, integrity, or quality of such data. As between you and HIPAAtizer, you own the content and information you submit to the HIPAAtizer platform and may request its deletion at any time. Additionally, you hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your content or information that you post or upload to the HIPAAtizer platform in order to facilitate the ordinary use of the Services. You promise to only provide us information and content that you have the right to give us. Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third-party rights (including any intellectual property rights). Unless a Developer is also a Commercial User, Developers are not permitted to use HIPAAtizer Applications to collect information from an End User.
  3. 2.3 Service Eligibility
    To be eligible to use the Services, you must meet the following criteria and represent that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a HIPAAtizer account, (3) are not a competitor of HIPAAtizer or are not using the Services for reasons that are in competition with HIPAAtizer; (4) will use your real name and only provide accurate information to HIPAAtizer; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of HIPAAtizer or third parties, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services. “Minimum Age” is defined as (a) persons who are legally eligible or older to enter into an agreement with HIPAAtizer or (b) the age of majority. However, if applicable law requires that you must be older than such age in order for HIPAAtizer to lawfully provide the Services to you (including the collection, storage and use of personal information in accordance with our  privacy policy then the Minimum Age would be such older age. The services are NOT designed nor intended for use by children or anyone else under the legal age in their state or country of residence and in the state or country in which they are accessing the HIPAAtizer Services. You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity using your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.  
  4. 2.4 Your Account
    The account you create on HIPAAtizer, if applicable, will become part of HIPAAtizer and is owned by HIPAAtizer. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your HIPAAtizer account to another party; (5) not transmit or otherwise expose the information collected from End Users through the Services to unauthorized third parties; and (6) not charge anyone for access to any portion of HIPAAtizer, or any information therein. Further, you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own. To close your HIPAAtizer account, respectively, please email HIPAAtizer at  support@HIPAAtizer.com with a request to close your account. 
  5. 2.5 One Commercial User Account Per Physical Location
    The Paid Services are priced on a per-location basis, and Commercial Users with more than one distinct physical location (i.e., a branch) of that user’s business (each, a “Location”) will require a separate account and payment plan for each Location, unless a multi-location plan is purchased. A Commercial User may allow its employees, independent contractors, and/or franchisees to use the account provisions for a particular Location (a “Location Account”) to access the Services on behalf of that Commercial User provided, however, that each Location Account shall represent a separate and distinct Location and may not be shared between two (2) or more physical locations of Commercial User’s business, unless a multi-location plan is purchased.
  6. 2.6 Indemnification
    You agree to indemnify and hold HIPAAtizer harmless for all damages, losses and costs (including, without limitation, reasonable attorneys’ fees and costs) related to all third-party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content or information you submit to the Services, (3) your failure to test and ensure the accuracy of any form or data collected as part of the Services and (4) any activity in which you engage on or through the Services
  7. 2.7 Payment, Cancellation and Refund
    If you are a Commercial User who purchases any services that we offer for a fee (the “Paid Services”), you agree to HIPAAtizer storing your payment information. You also agree to pay the applicable fees for the Paid Services as they become due, plus all related taxes, and to reimburse us for all collection costs (including attorney’s fees and court costs) and interest for any overdue amounts. Failure to pay may result in the suspension or termination of your account and use of the Services. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Paid Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Paid Services by contacting us at any time. We offer a full money back guarantee during the first 30 days of the subscription. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that HIPAAtizer’s Paid Services are subject to this Agreement and any additional terms related to the provision of the Paid Service.
  8. 2.8 Taxes
    Our fees for Paid Services do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases of Paid Services. If We have the legal obligation to pay or collect Taxes for which you are responsible under this Section. We will invoice you and you will pay that amount unless you provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for taxes assessable against us based on our income, property, and employees.
  9. 2.9 Notify Us of Acts Contrary to This Agreement
    If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
  10. 2.10 Notification of Service Messages
    For purposes of service messages and notices about the Services, HIPAAtizer may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement or our  Privacy Policy. Alternatively, notice may consist of an email from HIPAAtizer to an email address associated with your account, even if we have other contact information. You also agree that HIPAAtizer may communicate with you through your HIPAAtizer account or through other means including email, mobile number, telephone, or delivery services including the postal service about your HIPAAtizer account or services associated with HIPAAtizer. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, without limitation, your failure to receive critical information about the Services. 
  11. 2.11 HIPAAtizer Mobile Application
    HIPAAtizer may offer the Services through applications built using HIPAAtizer ‘s platform (“HIPAAtizer Applications”). Examples of HIPAAtizer Applications may include a smart phone applications (e.g. HIPAAtizer for Android and iOS). If you use a HIPAAtizer Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, without limitation, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing HIPAAtizer plugins that load in your browser may be communicated to us. Further, by importing any of your HIPAAtizer data through the HIPAAtizer Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your HIPAAtizer account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing HIPAAtizer through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation and which may be updated from time to time.
  12. 2.12 Privacy
    You should carefully read our full  Privacy Policy before using HIPAAtizer as it is hereby incorporated into this Agreement by reference and governs our treatment of any information, including personally identifiable information you submit to us. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that HIPAAtizer may process such information, within the terms of the Privacy Policy. 
  13. 2.13 Export Control
    Your use of HIPAAtizer services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
  14. 2.14 Form and Document Accuracy
    When you use HIPAAtizer’s Services, including form conversion services, you are solely responsible for the accuracy of your forms, both for any online forms that Users may fill out, or print templates (PDF submission files) that may be generated after a User has input their data, of whatever nature, including but not limited to text, characters, numbers, visual content, audio content, software, music, sound, photographs, graphics, messages, tags, and the like, into the online form builder. HIPAAtizer makes no guarantee, warranty or representation about the accuracy, consistency or completeness of any forms or documents that you may create or that we may convert. You agree that you will thoroughly test and identify any potential issues or inconsistencies in either the online form builder, the submission forms or PDF templates. You are solely responsible for all forms, templates and submissions in your account and the accuracy of these forms, templates and submissions. HIPAAtizer and its suppliers disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement.

3.0 Your Rights

On the condition that you comply with all your obligations under this Agreement, including, without limitation, the Covenants listed in Section 11 below, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable license and right to access the Services, through a generally available web browser, mobile device or HIPAAtizer authorized application. Any other use of HIPAAtizer contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in HIPAAtizer and all related items, including any and all copies made of the HIPAAtizer website.

4.0 HIPAAtizer Rights & Obligations

  1. 4.1 Services Availability
    For as long as HIPAAtizer continues to offer its Services, HIPAAtizer will provide and seek to update, improve, and expand the Services. As a result, we allow you to access HIPAAtizer as it may exist and be available on any given day and we have no other obligations except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Users in our sole discretion. All of these changes shall be effective upon their posting on HIPAAtizer.com or by direct communication to you unless otherwise noted. HIPAAtizer further reserves the right to withhold, remove, or discard any content available as part of your account, with or without notice if deemed by HIPAAtizer to be contrary to this Agreement. HIPAAtizer may be required by local laws to remove certain information or content and, as a result, that information or content or certain select features may not be available on our Services in those countries.
  2. 4.2 Disclosure of User Information
    You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the  Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, without limitation, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of HIPAAtizer, our Users or the public. Disclosures of User information to third parties other than those required to provide customer support, administer this Agreement, or comply with legal requirements are addressed in the  Privacy Policy. 
  3. 4.3 Intellectual Property Notices
    The Services include the copyrights and Intellectual property rights of HIPAAtizer and, except for the limited license granted to you in this Agreement, HIPAAtizer reserves all its intellectual property rights in the Services. HIPAAtizer, HIPAAtizer (stylized), and “HIPAAtizer” logos., trademarks, service marks, graphics, and logos used in connection with the Services and the HIPAAtizer Applications are trademarks or registered trademarks of HIPAAtizer or HIPAAtizer Affiliates in the United States and/or other countries. Other trademarks and logos used in connection with HIPAAtizer may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
  4. 4.4 Protection of Data
    HIPAAtizer will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Developer, Commercial User and End User data. If you are a Commercial User, you shall remain in control of your data for the purposes of and in compliance with any applicable data protection act in force from time to time. You shall remain the owner of all customer-specific End User data (including recorded data, processed data, stored data, and issued data) and shall be solely entitled to dispose of them. HIPAAtizer shall be under no obligation to check the data and contents stored for you in terms of the legal admissibility of their collection, processing, and use; this shall remain the exclusive responsibility of each Commercial User.

HIPAAtizer uses the following processors and sub-processors:

  • Amazon AWS
    Content delivery and computing service that serves web pages and scripts to Users’ web browsers and mobile devices and stores data uploaded to the Services by Users.
  • Amazon Simple Email Service
    Is an email service used to send emails from the Applications to existing Commercial Users, including emails which notify Commercial Users of the submission of personal information. It supports both S/MIME and PGP protocols to encrypt messages for full end-to-end encryption, and all communication with Amazon SES is secured using SSL (TLS 1.2).
  • AWS CloudWatch
    Application monitoring and error tracking software that assists HIPAAtizer in identifying, tracking, and eliminating software bugs. This application collects limited data from Users (including IP addresses, browser information, geographical location, etc.) to help in determining the cause and reproducibility of certain errors.
  • AWS Pinpoint
    Third-party service which sends text messages to Users which may contain Users’ names and the dates and times of appointments, if applicable.
  • Facebook
    Advertising service that collects information about Users to assist HIPAAtizer in tracking conversions from Facebook ads, optimize ads, build target audiences, and remarket to visitors.
  • FreshDesk
    Third-party service that collects general information about Users and facilitates customer support processes. This service does not store or process any PHI.
  • Freshsales
    Third-party service that collects general information about users and facilitates marketing communication with Users. This service does not store or process any PHI.
  • Google Ads
    Advertising service that collects information about Users to assist HIPAAtizer in tracking conversions from Google ads, optimize ads, build target audiences, and remarket to visitors. This service does not process or store the personal information of End Users.
  • Google Analytics
    Analytics service that collects statistical information about visitors to and Users of the Services, including information about a visitor’s web browser and geographical location. This service does not process or store the personal information of End Users.
  • HubSpot
    Third-party service that collects general information about users and facilitates marketing communication with Users. This service does not store or process any PHI.
  • MailChimp
    Marketing email service used to send emails to existing and potential Commercial Users. This service does not process or store the personal information of End Users.
  • Stripe
    Payment processor and secure storage of credit card information for Commercial Users who purchase Paid Services. This service does not store or process any PHI

5.0 Information Subject to HIPAA

If HIPAAtizer is your “Business Associate” as defined in the Health Insurance Portability and Accountability Act of 1996, as amended, then as of the date that HIPAAtizer becomes your Business Associate, the HIPAA Business Associate Agreement at  https://www.HIPAAtizer.com/baa-agreement/ shall be incorporated into and become part of this Agreement. 

6.0 Disclaimer

We provide the HIPAAtizer Applications and all information and Services on an “as is” and “as available” basis. HIPAAtizer does not control or vet User generated content for accuracy. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, HIPAAtizer and its suppliers disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement. If you are dissatisfied or harmed by HIPAAtizer or anything related to HIPAAtizer, you may close your HIPAAtizer account and terminate this Agreement in accordance with the terms herein, and such termination shall be your sole and exclusive remedy. HIPAAtizer is not responsible and makes no representations or warranties for the delivery of any messages sent or otherwise accessed through the Services or the HIPAAtizer Applications to anyone. In addition, we neither warrant nor represent that your use of the Services will not infringe the rights of third parties. Any material, service, form or technology described or used on our Services may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. HIPAAtizer does not have any obligation to verify the identity of the persons subscribing to its Services, nor does it have any obligation to monitor the use of its Services by other Users; therefore, HIPAAtizer disclaims all liability for identity theft or any other misuse of your identity or information by others. HIPAAtizer does not guarantee that the Services it provides will function without interruption or errors in functioning. In particular, the operation of the Services may be interrupted due to maintenance, updates, or system or network failures. HIPAAtizer disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, HIPAAtizer disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the HIPAAtizer sites due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason. Do not rely on HIPAAtizer or its suppliers, any information therein, or its continuation.

7.0 Limitation of Liability

Neither HIPAAtizer nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (collectively, “HIPAAtizer Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, or any of the content or other materials on, accessed through or downloaded from the HIPAAtizer Applications. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

  • Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose;
  • Not apply to any damage that HIPAAtizer may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement; and
  • If any legal proceedings are initiated against us, you agree to indemnify us for all defense costs, and for any judgment against us that relates to acts or omissions of yours that are not solely the result of acts or omissions by us.

8.0 Termination

  1. 8.1 Mutual Rights of Termination
    Unless governed by a separate agreement to purchase Paid Services, you may terminate this Agreement, for any or no reason, at any time, with notice to HIPAAtizer pursuant to Section 8.3 below. This notice will be effective upon HIPAAtizer processing your notice. HIPAAtizer may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only HIPAAtizer or the party paying for the Paid Services may terminate your access to any Paid Services. Termination of your HIPAAtizer account includes disabling your access to HIPAAtizer and may also bar you from any future use of the Services or the HIPAAtizer platform.
  2. 8.2 Misuse of the Services
    HIPAAtizer may restrict, suspend, or terminate the account of any Developer, Commercial User, End User or other user who abuses or misuses the Services. Misuse of the Services includes abusing the HIPAAtizer Services; creating multiple or false profiles; using the Services commercially without HIPAAtizer’s authorization, infringing any intellectual property rights, violating any of the covenants listed in Section 11 below, or any other behavior that HIPAAtizer, in its sole discretion, deems contrary to its purpose. 
  3. 8.3 Effect of Termination
    Upon termination of your HIPAAtizer account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4.1, 4.2 and 4.3 (“HIPAAtizer Rights & Obligations”).  

9.0 Dispute Resolution

  • 9.1 Jurisdiction and Forum for Legal Disputes
    This Agreement or any claim, cause of action, or dispute (each a “claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Texas, regardless of your country of origin or where you access HIPAAtizer, and notwithstanding of any conflicts of law principles. You and HIPAAtizer agree that all claims arising out of or related to this Agreement must be resolved exclusively by the state and federal courts located in Bexar County, Texas, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and HIPAAtizer agree to submit to the personal jurisdiction of the courts located within Bexar County, Texas for the purpose of litigating all such claims. Notwithstanding the above, you agree that HIPAAtizer shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. In any such proceeding initiated by a User, the User must pay our attorneys’ fees and costs if we are the prevailing party.
  • 9.2 Arbitration Option
    For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. In any such proceeding initiated by a User, the User must pay our attorneys’ fees and costs if we are the prevailing party.

10.0 General Terms

  1. 10.1 Severability
    If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision, and the remaining provisions of this Agreement shall remain in full force and effect.
  2. 10.2 Notices and Service of Process
    In addition to Section 2.10. (“Notices and Service Messages”), we may notify you via another HIPAAtizer site or app. You may contact us via phone at (844) 223-5222, or via email at  support@HIPAAtizer.com. Additionally, HIPAAtizer accepts service of process at this email address. Any notices that you provide without compliance with this section shall have no legal effect. 
  3. 10.3 Entire Agreement
    You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and HIPAAtizer regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other HIPAAtizer services, third-party content, or third-party software.
  4. 10.4 Amendments to this Agreement
    We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting on the Services or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the  Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time pursuant to the terms herein. 
  5. 10.5 No Informal Waivers, Agreements or Representations
    Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any HIPAAtizer Affiliate shall be deemed legally binding on any HIPAAtizer Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of HIPAAtizer.
  6. 10.6 Injunctive Relief
    In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
  7. 10.7 Beneficiaries
    Entities other than HIPAAtizer that HIPAAtizer owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third-party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.
  8. 10.8 Assignment and Delegation
    You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, HIPAAtizer for any third party that assumes our rights and obligations under this Agreement.
  9. 10.9 Potential Other Rights and Obligations
    You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

11.0 Covenants

As a condition to access HIPAAtizer, you agree to this Agreement and to strictly observe the following:

  1. 11.1 Affirmative Covenants:
    • Comply with all applicable laws. Including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws and regulatory requirements;
    • Provide accurate information to us and update it as necessary;
    • Review and comply with our  Privacy Policy; 
    • Review and comply with notices sent by HIPAAtizer concerning the Services;
    • Use the Services in a professional manner; and
    • Use your real name on your profile.
  2. 11.2 Negative Covenants:
    • To not act dishonestly or unprofessionally by engaging in unprofessional behavior by submitting inappropriate, inaccurate, or objectional content to the HIPAAtizer Applications;
    • To not publish inaccurate information in the designated fields on your account form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
    • To not create an account or profile for anyone other than a natural person or entity;
    • To not use or attempt to use another’s account or create a false identity on HIPAAtizer;
    • To not upload, email, transmit or otherwise make available or initiate any content that:
      • Falsely states, impersonates, or otherwise misrepresents your identity, including, without limitation, the use of a pseudonym, or misrepresenting any of your information;
      • Is unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
      • Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
      • Infringes upon patents, trademarks, trade secrets, copyrights, or other proprietary rights;
      • Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
      • Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment of HIPAAtizer or any user of HIPAAtizer;
    • To not duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services or HIPAAtizer platform without the express written permission of HIPAAtizer;
    • To not reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
    • To not utilize or copy information, content, or any data you view on or obtain from HIPAAtizer to provide any service that is competitive, in HIPAAtizer’s sole discretion, with HIPAAtizer;
    • To not imply or state, directly or indirectly, that you are affiliated with or endorsed by HIPAAtizer unless you have entered into a written agreement with HIPAAtizer;
    • To no adapt, modify, or create derivative works based on HIPAAtizer or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under HIPAAtizer’s developer program;
    • To not rent, lease, loan, trade, sell/re-sell access to HIPAAtizer or any information therein, or the equivalent, in whole or part;
    • To not remove any copyright, trademark or other proprietary rights notices contained in or on HIPAAtizer, including those of both HIPAAtizer and any of its licensors;
    • To not remove, cover, or otherwise obscure any form of advertisement included on HIPAAtizer;
    • To not collect, use, copy, or transfer any information, including, without limitation, personally identifiable information obtained from HIPAAtizer except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
    • To not infringe or use HIPAAtizer’s brand, logos, or trademarks, including, without limitation, using the word “HIPAAtizer” in any business name, email, or URL or including HIPAAtizer’s trademarks and logos except as expressly permitted by HIPAAtizer;
    • To not use manual or automated software, devices, scripts robots, other means, or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
    • To not use bots or other automated methods to access HIPAAtizer, add or download contacts, send, or redirect messages, or perform other similar activities through HIPAAtizer, unless explicitly permitted by HIPAAtizer;
    • To not access, via automated or manual means or processes, HIPAAtizer for purposes of monitoring HIPAAtizer’s availability, performance, or functionality for any competitive purpose;
    • To not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of HIPAAtizer’s website;
    • To not attempt to or access HIPAAtizer by any means other than through the interfaces provided by HIPAAtizer such as its mobile application or by navigating to  https://www.HIPAAtizer.com using a web browser. This prohibition includes accessing or attempting to access HIPAAtizer using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including HIPAAtizer; 
    • To not attempt to or override any security component included in or underlying HIPAAtizer;
    • To not engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on HIPAAtizer’s infrastructure, including, without limitation, sending unsolicited communications to HIPAAtizer personnel, attempting to gain unauthorized access to HIPAAtizer, or transmitting or activating computer viruses through or on HIPAAtizer; and/or
    • Interfere or disrupt or game HIPAAtizer or the Services, including, without limitation, any servers or networks connected to HIPAAtizer, or HIPAAtizer’s search algorithms.

12.0 How to Contact HIPAAtizer

If you have questions or comments about this Agreement, please contact us online at:  support@HIPAAtizer.com. 

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