ACCEPTING THE TERMS
By using the Service, you agree to this Agreement and Known Point Technologies’ Privacy and Security Policy, which is incorporated into this Agreement, as each may be amended from time to time (see “Modifications” below). The term “you” or “User” refers to a Member. The term “we” refers to Known Point Technologies. By creating an account to make use of the Service, you become a Member. In doing so, you are accepting the Service and this Agreement. If you do not agree to this Agreement, do not create an account, and you will not be able to use the Service.
If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of another User, that you have the authority to bind said User. Before you continue, you should print or save a local copy of this Agreement for your records.
PRIVACY AND YOUR PERSONAL INFORMATION
For information about Known Point Technologies data protection practices, please read Known Point Technologies’ Privacy and Security Policy. This policy explains how Known Point Technologies uses your personal information when you use the Service. The Privacy and Security Policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Site.
By using the Service, you hereby grant to Known Point Technologies a perpetual, unlimited license to use your Personal Information, in a de-identified format stripped of identifiers only, for data benchmarking, resource utilization and similar data analytics products or services.
DESCRIPTION OF THE SERVICE
The Service is an online service that allows Members to store and organize critical medical records from the Member’s various healthcare Providers. This information remains accessible through the Service so that a Member can review all records on one consolidated Site. This Service is provided to you by Known Point Technologies as an aid to assist you in organizing and managing your health information. It is not intended to provide medical advice.
PATIENT INFORMATION FROM THIRD-PARTY SITES AND THIRD-PARTY PROVIDERS
When you use the Service, Members may direct Known Point Technologies to retrieve their own Patient Information maintained by third-party providers with which they have patient relationships and/or on third-party sites. If you decide to use third-party services, you are responsible for reviewing and understanding any terms and conditions governing such third-party services. You agree that the company providing the third-party services, and not Known Point Technologies, is solely responsible for third-party services. Known Point Technologies is not responsible for any errors in Patient Information provided by third-party services, including but not limited to accuracy, legality or non-infringement.
By becoming a Member and requesting that the Service retrieve information from third-party providers and/or executing a HIPAA Form, you acknowledge that you are requesting Known Point Technologies to obtain your Patient Information for your account and to communicate with third-party providers concerning your Patient Information.
You acknowledge that there may be delays in record request processing from third-party providers. Known Point Technologies may be unable to obtain some or all of your Patient Information and cannot guarantee or assume responsibility for the completeness, timeliness, accuracy, relevance, deletion or non-delivery of any Patient Information.
YOUR REGISTRATION INFORMATION
You agree and understand that you are responsible for providing true, accurate, current and complete Registration Information and that you will maintain and promptly update the Registration Information. If you provide any Registration Information that is inaccurate, not current or incomplete, or we suspect that it is inaccurate, not current or incomplete, we may suspect or terminate your account.
Further, you agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login ID, allows you to access the Service. You understand that Known Point Technology takes no responsibility for and disclaims any and all liability or consequential damages arising from a breach of your Patient Information confidentiality resulting from sharing or losing your password. If you become aware of any unauthorized use of your Registration Information, you agree to notify Known Point Technologies immediately at the email address: info@knownpointtechnologies.com.
YOUR USE OF THE SERVICE
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Service for lawful purposes. You may not use the Service to gain unauthorized access to anyone else’s information. We own all proprietary rights to the Services, including but not limited to all copyrights, trademarks, patents, software and related content and any other rights of any kind or nature as they relate to the Services.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, unanticipated system failures, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actional beyond the control of Known Point Technologies or that Known Point Technologies, in its sole discretion, may elect to take. Known Point Technologies shall not be responsible or liable for any failure to obtain Patient Information, loss of Patient Information or personalization settings or other service interruptions.
TELECOMMUNICATION SERVICES Use of the Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms or your agreement with your mobile device and telecommunications providers.
KNOWN POINT TECHNOLOGIES MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; OR ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES; FAILURE TO TRANSMIT ANY DATA; COMMUNICATIONS; OR SETTINGS CONNECTED WITH THE SERVICES.
EMAILS AND PHONE CALLS
By providing your email address and phone number to Known Point Technologies you expressly authorize Known Point Technologies to contact you via email or phone. Emails will be sent to the email address you have provided as part of the Registration Information. Emails to you may include your login ID, general information about your account, and/or certain details about your Patient Information, including, but not limited to the name of a doctor, the specialty of a doctor, the name of a hospital, dates of an admission to a hospital, and/or the name of a procedure conducted during a medical encounter.
RIGHTS YOU GRANT TO US WITH RESPECT TO RETRIEVING PATIENT INFORMATION
In using the Service you may choose to authorize Known Point Technology to retrieve Patient Information by submitting a Health Insurance Portability and Accountability Act (HIPAA) form, information, data passwords, usernames, other login information, materials and/or other content (collectively, the “Content”) for the purpose of providing the Service. Known Point Technologies may use and store the Content. By submitting this Content to Known Point Technologies you represent that you are entitled to submit it to Known Point Technologies for this purpose, without obligation by Known Point Technologies to pay any fees or other limitations.
By using the Service, you expressly authorize Known Point Technology to access your Patient Information maintained by identified third parties, on your behalf as your agent.
When you fill out and sign a HIPAA form and submit it to Known Point Technologies, you authorize Known Point Technologies to send your HIPAA from via fax, email, or mail to the third-party provider(s) you have identified. For the purposes of providing the Patient Information to you as part of the Service, you grant Known Point Technologies a limited power of attorney, and appoint Known Point Technologies as your attorney-in-fact and agent, to access third-party sites and retrieve and use your information with the full power and authority to do and perform each thing necessary connection with such activities.
KNOWN POINT TECHNOLOGIES’S INTELLECTUAL PROPERTY RIGHTS
The Service and the content of the Site are protected under both United States and other applicable copyright, trademark and other laws. Subject to your compliance with this Agreement, Known Point Technologies and its licensors provide you with a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service and the Site. The Service and all content on the Site remain the property of Known Point Technologies or its licensors and we do not transfer title to any portion of the Service to you. Any code or software code that Known Point Technologies creates, generates or displays in the Service is also protected and you may not copy or adapt such code.
ACCESS AND INTERFERENCE
You agree that you will not:
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES THE CONTENT AND ALL SERVICES ON THE SITE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. KNOWN POINT TECHNOLOGIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PATIENT INFORMATION, CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
KNOWN POINT TECHNOLOGIES MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE PATIENT INFORMATION, CONTENT ON THE SITE OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. KNOWN POINT TECHNOLOGIES MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE PATIENT INFORMATION OR CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, AND KNOWN POINT TECHNOLOGIES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PATIENT INFORMATION STORED THEREIN.
NOT MEDICAL ADVICE NEITHER KNOWN POINT TECHNOLOGIES NOR THE SERVICE IS INTENDED TO PROVIDE MEDICAL ADVICE. The Service is intended only to assist you in viewing and organizing your health information. Before making any health decisions, you should consult your doctor.
LIMITATIONS ON KNOWN POINT TECHNOLOGIES’S LIABILITY KNOWN POINT TECHNOLOGIES SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM THE SITE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF KNOWN POINT TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE CUMULATIVE LIABILITY FOR ALL MATTERS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE USE OF THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KNOWN POINT TECHNOLOGIES AND YOU. WE WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
ENDING YOUR RELATIONSHIP WITH KNOWN POINT TECHNOLOGIES This Agreement will continue to apply until terminated by either you or Known Point Technologies as set out below. If you want to terminate your legal agreement with Known Point Technologies, you may do so by closing your account for the Service.
Known Point Technologies may at any time, terminate its legal agreement with you:
if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
if Known Point Technologies in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
All sections which by their nature should survive the termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the termination of this Agreement.
We may stop making the Service (including any feature) available at any time and for any reason. If the Service is no longer available to users and you have been paying a fee, you will not be charged a fee after the date of termination, and you will no longer have access to your Service account.
MODIFICATIONS
Known Point Technologies may modify this Agreement from time to time. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
GOVERNING LAW
This Agreement, and your relationship with Known Point Technologies under this Agreement, shall be governed by the laws of the State of New Hampshire without regard to its conflict or choice of laws provisions. Jurisdiction for any dispute with Known Point Technologies, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall lie exclusively with the state or federal courts within the county of Merrimack, New Hampshire, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Known Point Technologies may seek such relief in any court with jurisdiction over the parties.