ScanSTAT TECHNOLOGIES, LLC
CLIENT PORTAL END USER LICENSE AGREEMENT
IMPORTANT — READ CAREFULLY: This is the End User License Agreement for the ScanSTAT Technologies, LLC (“ScanSTAT”) Client Portal (“Portal”). By clicking the “Accept” button, or signing the Portal User Sign-Up Form, the user (“You”) agree(s) to be bound by the terms and conditions contained in this agreement (the “Agreement”). If you do not agree to be bound by these terms and conditions or privacy notice policies, you may not use the Portal.
As a material condition of the use of the Portal, You must acknowledge, agree, and understand that:
User Restrictions
- You will abide by the terms and conditions of the executed Business Associate Agreement (“BAA”) and Servicing Contract (“Contract”) executed between ScanSTAT and the Covered Entity (“Client”) with whom You are affiliated.
- You will not use of the Portal for illegal purposes.
- You will not use or attempt to gain access to the ScanSTAT computer system, any other computer systems, or data other than that which you are legally allowed to access within your realm of professional responsibility.
- You will only use the username assigned to You and will not share your username or password with any other person. You understand that You are solely responsible any behavior made under your username.
- You will not display information found in this Portal to any unauthorized person, including logging into the system and providing visual access or logging in for another party.
- You will not distribute, copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, information from the Portal to any other party, both authorized and unauthorized and will only use the Portal for authorized and agreed upon purposes between ScanSTAT and the Client with whom you are affiliated.
- You will not use any software, device, or other mechanism to copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any materials from the data in the Portal.
- You may not access or attempt to access information for You, family members, or other individual that are not directly related to treatment of a specific assigned patient or to work assignments.
- You will abide by the Agreement, BAA, and Contracts set in place between ScanSTAT and Client as well as the Microsoft Office 365 End User License Agreement found here.
- You will notify Client and/or ScanSTAT of any suspected unauthorized access.
- You understand ScanSTAT makes no warranties or guarantees regarding Portal availability.
- You understand all content on the Portal is subject to ScanSTAT’s retention policy and may not be present on the Portal.
Rights to Use of Portal
ScanSTAT grants You a personal, non-assignable and non-exclusive license to use the Portal as part of the services being provided to You and Client by ScanSTAT. This license is for the sole purpose of enabling You to use the Portal in the manner permitted by these terms and conditions within the boundaries of the associated BAA, this Agreement, and relevant Contracts executed by ScanSTAT and the Client whom You represent. Except as expressly provided herein, unless ScanSTAT has given You specific written permission to do so, You may not assign (or grant a sub-license of) your rights to use the Portal, grant a security interest in or over your rights to use the Portal, or otherwise transfer any part of your rights to use the Portal.
Intellectual Property
With the exception of any patient health information (“PHI”) displayed on the Portal, which is owned by Client, the content on the Portal including the text, software, scripts, graphics, photos, sounds, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to ScanSTAT, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Portal is provided to you AS IS for your information only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ScanSTAT reserves all rights not expressly granted in and to the Portal and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Portal or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Portal or the Content therein. Any use of the Portal that interferes with its security functions, use for other purposes than status checks, or any other reason constitutes a breach of Agreements, Contracts, and BAA and may result in account termination.
Monitoring
ScanSTAT reserves the right to log, review, and otherwise examine any information stored on or passing through our networks or systems.
Warranty Disclaimers and Limitation of Liability
Except as specifically set forth in this Agreement, ScanSTAT Technologies makes no other representations or warranties, express or implied with respect to the Portal’s availability or content. The Portal is provided on an “as is” and “as available” basis.
Neither ScanSTAT nor its partners, agents, affiliates, or designees nor each of their respective officers, directors, employees, agents, contractors, subcontractors or the like (collectively, “Associates”) warrant that use of the Portal site will be uninterrupted or error-free.
Under no circumstances shall ScanSTAT Technologies, LLC or its Associates be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages that result from, arise out of or otherwise relate to your use of or inability to use the Portal, or any web site linked to the Portal, including but not limited to reliance by you on any information obtained from the Portal site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance, or any loss of profit, loss of goodwill or data, or cost of procurement of substitute goods or services or other intangible loss suffered.
You agree to defend, indemnify and hold harmless ScanSTAT Technologies and any of its Associates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Portal; (ii) your violation of any term of this Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and your use of the Portal.
Downtime and Service Suspensions
Your access to and use of the Services may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, malfunction, or other unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions.
ScanSTAT shall also be entitled, without any liability to You or Client, to suspend access to any portion or all of the Portal at any time, on a system-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Portal; (b) in the event of a denial of service attack or other attack on the Portal or other event that we determine, in our sole discretion, may create a risk to the applicable Portal, to you or to any of our other customers if the Portal service were not suspended; or (c) in the event that we determine that any Portal service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons.
Relationship
This Agreement is intended to coincide with the existing BAA with the Client represented You, and is not intended to create or establish any relationship outside of those bounds.
You understand that if You violate any of the above statements or the terms of either the BAA or any Contracts with ScanSTAT, you will be subject to discontinuation of services. You understand that any unauthorized disclosures of PHI can result in legal action by the parties affected, the imposition of fines pursuant to applicable state and federal laws, and a report may be filed to my professional regulatory body as applicable.