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By creating a Healthcare Blocks account, you agree to our terms and conditions.
By using the Healthcare Blocks platform (“HCB Services”), you agree to be bound by these terms and conditions of use ("Terms"). Healthcare Blocks provides HCB Services to you, the Client, conditioned upon your acceptance, without alteration, of the Terms contained herein. Before using HCB Services, please read these Terms carefully. Your use of HCB Services constitutes your agreement with such Terms.
You acknowledge and represent that you have the authority to agree to these Terms on behalf of yourself or on behalf of the company or legal entity that is subscribing for HCB Services.
As used herein, the terms, “we”, “us”, “its” and “our” refer to Healthcare Blocks, Inc. (“Healthcare Blocks”) and “you” and “your” refer to you, the Client. The term, “HCB Services" means the services and software that Healthcare Blocks provides, including, but not limited to, the Healthcare Blocks platform, and any of the other services or products provided in connection with the foregoing.
Healthcare Blocks acknowledges and agrees that any data, information or materials provided by or otherwise made available to Healthcare Blocks by you in connection with obtaining HCB Services (“Client Data”) is proprietary to and owned exclusively by you. By your submission of Client Data to Healthcare Blocks, you hereby grant to Healthcare Blocks, subject to all of the terms and conditions set forth in these Terms and applicable law, a non-exclusive, non-transferable, limited license to access, use, copy, and store the Client Data solely to the extent necessary for Healthcare Blocks to perform HCB Services. You covenant, represent and warrant that you have any and all necessary rights and permissions to the extent required for Healthcare Blocks’ access to and use of any Client Data. The first sentence of this section shall survive the termination, expiration, non-renewal or rescission of HCB Services.
By subscribing HCB Services, you agree to pay to Healthcare Blocks the monthly subscription fee or other applicable Healthcare Blocks fees, as listed on the Healthcare Blocks website or provided to you separately. HCB Services are purchased through monthly subscriptions (“Subscription Period”) and you may purchase additional services on an individual basis. Your monthly subscription renews automatically. You may cancel your subscription at any time by emailing email@example.com.
Healthcare Blocks may deny service or terminate these Terms upon your failure to pay undisputed fees when due. Such termination or denial will not relieve you of responsibility for the payment of all undisputed accrued charges.
The cost of HCB Services is pro-rated on a per-day usage basis. Thus, any changes to your subscription will result in adjusted fees on your monthly invoice.
HCB Services subscription prices may change in the future; in the case of a price increase, you will receive a 60-day notification in advance of the price change.
You may opt for a limited 30-day trial of HCB Services. During the trial period, you will not be charged for any use of HCB Services. The trial has the following limitations, unless an exception has been approved:
Your trial automatically converts to a paid subscription after 30 days, unless you request that your account is closed before the end of the trial period.
HCB Services include platform features and processes that enable you to comply with certain requirements of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”). These features and processes are described in detail at https://support.healthcareblocks.com/support/solutions/articles/1000236827-security-configuration-and-practices.
Healthcare Blocks is responsible for their actions in relation to the security of data under their possession. Healthcare Blocks agrees to comply with all applicable state and federal laws, rules and regulations when handling PHI within their possession. Healthcare Blocks agrees to be compliant with HIPAA and HITECH requirements, as applicable.
HCB Services are comprised of infrastructure resources and features provided by Amazon Web Services. The service level agreement for the availability and uptime of these resources is subject to the terms published by Amazon Web Services on their public Website. Thus, Healthcare Blocks is not liable for any loss of data or if HCB Services are unavailable for any period to the extent caused by Amazon Web Services.
Your virtual machines and database services are continuously monitored for uptime and other system metrics as described in detail in https://support.healthcareblocks.com/support/solutions/articles/1000236246-system-monitoring-protocols.
It is your responsibility to monitor the availability and health of any applications and services you deploy to HCB Services platform, using a third-party monitoring solution.
To minimize downtime of your application hosted in HCB Services, Healthcare Blocks recommends you subscribe to a high availability configuration.
In a non-high availability configuration, if a server or database service goes down, its recovery is based on the response and recovery times published under Service Level Agreements on https://www.healthcareblocks.com/policies/support.
You are responsible for the security of data on your site or otherwise in your possession. You agree to comply with all applicable state and federal laws, rules and regulations in connection with your collection, security, and dissemination of any PHI on your site. You shall at all times be compliant with HIPAA and HITECH requirements, as applicable.
You are responsible for being aware of common vulnerabilities in Web applications and how to prevent them by writing good code and testing it on a frequent basis.
For convenience, Healthcare Blocks has compiled a set of application development guidelines, published at https://www.healthcareblocks.com/hipaa/developer_guidelines. These guidelines can change over time and are not meant to be exhaustive. It is your responsibility to identify the best methods and implementations to protect any PHI stored or transmitted by the applications you deploy to HCB Services.
HCB Services are licensed, not sold, solely for use by Client and its affiliated users under these Terms. Except as specifically set forth herein, Healthcare Blocks retains all right, title, and interest, including all intellectual property and moral rights, relating to or embodied in HCB Services, including without limitation all technology, hardware, software, systems and copies of the foregoing relating to HCB Services. The logos, service marks, and trademarks (collectively, "Trademarks") displayed on Healthcare Blocks’ website and elsewhere in HCB Services, whether or not registered, belong to Healthcare Blocks. Neither these Terms nor any Healthcare Blocks website grants a license to any Trademark, by implication, by estoppel or otherwise.
Without limiting the generality of the foregoing, you shall not reproduce, reverse engineer, export, decompile or disassemble any Healthcare Blocks software or any part of HCB Services.
With respect to any work product, materials or other receivables delivered to you by Healthcare Blocks as part of HCB Services, including, but not limited to, all, know-how, formulas, designs, discoveries, trade secrets, proprietary information or tools, inventions or computer programs provided or created in connection with HCB Services, your sole rights, upon full payment, will be a non-transferable, non- exclusive, royalty-free license to use such materials solely for your internal use. You shall have no right to such materials or their underlying intellectual property for any use contrary to those uses stated herein. You further acknowledge that your use will be subject to the rights of any third parties in any intellectual property pertaining to the materials.
In order to keep HCB Services, including software, up-to-date, we may offer automatic or manual updates at any time and without notice to you. These Terms shall apply to, all updates, supplements, add-on components, features, or other functionality or messages related thereto, including without limitation alterations of functionality, features, storage, security, availability, content, and other information relating to HCB Services (collectively, “Updates”) that Healthcare Blocks may provide or make available generally to its clients after the date that HCB Services commence, subject to any additional terms and conditions provided by Healthcare Blocks applicable to such Updates. You hereby authorize Healthcare Blocks to, in accordance with its standard operating procedures, automatically and in good faith transmit, install, and otherwise provide Updates to HCB Services upon your access to HCB Services without further notice or consent.
We do not represent or warrant that any content on or accesses through HCB Services is without errors. We reserve the right to restrict, suspend or permanently terminate access or certain features to users upon 60-days’ written notice. Healthcare Blocks makes no express or implied warranties, including, without limitation, warranties of title, merchantability or fitness for a particular purpose. Healthcare Blocks does not warrant that your use of HCB Services will meet your requirements or be uninterrupted, timely, error-free, accurate, or free from viruses or other harmful components.
No communication between you and Healthcare Blocks will create a warranty or in any way alter or restrict any disclaimer of warranty or limitation of liability set forth in this Section 8 or elsewhere in these Terms. As used in the previous sentence, "communications" include, without limitation, marketing materials and representations of Healthcare Blocks employees or agents, advice provided by Healthcare Blocks or any of its representatives, quotes and any work order or other ordering document.
Neither party, nor its affiliates and subsidiaries shall be liable for any incidental, indirect, punitive, special, consequential or exemplary damages which may be incurred in connection with these terms, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of business reputation or goodwill, any loss of cost of procurement of substitute goods or services or other intangible loss. The foregoing limitations and exclusions shall not apply to either party’s: (a) breach of confidentiality; (b) indemnification obligations; or (c) gross negligence, fraud or willful misconduct. You also acknowledge and agree that Healthcare Blocks has entered into these Terms relying on the limitations of liability stated herein and that these limitations are an essential basis of the bargain between You and Healthcare Blocks.
Unless a result of gross negligence or willful misconduct, the liability of Healthcare Blocks to the Client for any type of damages is limited to the amount of the Client’s fees paid to Healthcare Blocks during the most recent 12-month period.
You will indemnify, defend and hold Healthcare Blocks (including its directors, officers, owners, employees, agents and affiliates) harmless from and against any and all liability and costs, including attorneys’ fees, incurred in connection with any claim or damages arising out of, alleging, or related to: (a) your breach of these Terms or violation of applicable law; or (b) your infringement of any intellectual property or privacy rights of, or injury to, any person or entity (including, without limitation, defamation). Healthcare Blocks will indemnify, defend and hold you (including your directors, officers, owners, employees, agents and affiliates) harmless from and against any and all liability and costs, including attorneys’ fees, incurred in connection with any claim or damages arising out of, alleging, or related to: (a) Healthcare Blocks’ breach of these Terms or violation of applicable law; or (b) Healthcare Blocks’ infringement of any intellectual property or privacy rights of, or injury to, any person or entity (including, without limitation, defamation). Both parties’ obligations set forth in this Section 10 include, without limitation, payment of attorneys' fees and other costs of litigation and payment of judgments and settlements.
We reserve the right at any time to modify or cease, temporarily or permanently, HCB Services (or any portion thereof) for any reason upon 60-days’ written notice. Healthcare Blocks shall not be liable to you or any third party for any such modification, suspension or discontinuance except as expressly provided herein.
These Terms and any claim or dispute arising out of them are to be governed by the substantive laws of the State of California (without regard to conflicts of law principles). By using HCB Services, you agree and consent to the jurisdiction of the state or federal courts located in Simi Valley, Ventura County, California and acknowledge that such courts shall constitute proper and convenient forums for the resolution of any actions between you and Healthcare Blocks with respect to the subject matter hereof. You further agree that, in such case, these courts shall be the sole and exclusive forums for the resolution of any actions between you and Healthcare Blocks with respect to the subject matter hereof.
No delay, failure, or waiver of your or our exercise or partial exercise of any right or remedy under these Terms will operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. These Terms shall be binding upon and inure to the benefit of you and us, our legal representatives and permitted successors and assigns; provided, however, that neither party shall assign or transfer, either by operation of law or otherwise, these Terms or any of its rights or obligations hereunder.
If any provision in these Terms is held to be illegal, invalid or unenforceable, the provision will be enforced to the maximum extent permissible so as to affect the intent of you and Healthcare Blocks, and the remaining provisions of these Terms, as applicable, will remain in full force and effect.
You shall provide us with, and keep up-to-date, your accurate contact information including, email, telephone number and address.
Nothing in these Terms, express or implied, is intended to or shall confer upon any third party any right, benefit or remedy of any nature whatsoever under or by reason of these Terms. In addition, these Terms do not create a joint venture, partnership or agency of any kind.
Healthcare Blocks is not liable for delaying or failing its performance to the extent the delay or failure was caused by the occurrences of a Force Majeure. For purposes of these Terms, “Force Majeure” shall mean any event including acts of God, fires, floods, explosions, riots, wars, hurricane, terrorism, vandalism, restraint of government, governmental acts, Internet disturbances, injunctions and labor strikes.