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This Sharecare Health Data Services (SHDS) eStorage and eDelivery website is comprised of web pages operated by
SHDS. The website is offered to you conditioned on your acceptance of the terms, conditions, and notices contained
herein without modification. These terms relate to the use of the SHDS eStorage and eDelivery service only. Your use of
the website constitutes your agreement to all such terms, conditions, and notices. SHDS reserves the right to change
the terms, conditions, and notices under which the website is offered, including but not limited to the charges associated
with the use of the website. As a condition of your use of the website, you warrant to SHDS that you will not use the
website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the
website in any manner which could damage, disable, overburden, or impair the website or interfere with any other
party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available
or provided for through the website. SHDS reserves the right to alter this website and remove any materials, information
or files in its sole discretion. SHDS reserves the right to terminate your access to any or all of the website at any time
without notice for any reason whatsoever. SHDS reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove
any materials, information or files, in whole or in part, in SHDS sole discretion. In using this service, each requestor
must designate an administrator who shall be responsible for setting up users, maintaining and changing passwords,
keeping accurate information, removing access of users who are no longer employed by the requestor or no longer
require access, and keeping accessed information safe and secure. SHDS has the absolute right to revoke account
access to any user for any reason in its sole discretion. You requested an electronic copy of medical records from a health care facility serviced by SHDS. SHDS has fulfilled
your authorized request or subpoena. In doing so, SHDS generated an invoice for the requested records and attached it
to the requested records you are about to download. By clicking the I agree button below you agree to pay the
associated invoice for medical records within thirty (30) days if you have not already done so. Should there be any
issues or errors in the billing, you agree to contact us in writing within three 3 business days of downloading the record.
The invoice is due and payable as of the date you receive the invoice and have access to the records. Your ability to
download the records will only be available for ninety (90) days. If the record is not accessed during that timeframe, it
will be deleted. Should you still need the records after this date, you will have to resubmit your request to the health care
facility. You understand that you are entering into a contract by accepting these terms and conditions electronically. You acknowledge that this electronic agreement constitutes your agreement and intent to pay for the records. You will
submit document requests and/or subpoenas that comply with the provisions of the Health Insurance Portability and
Accountability Act HIPAA and any other applicable state and federal law. You further agree to only submit requests that
possess signed authorizations as required under HIPAA provisions or subpoenas that meet all state and federal
requirements. In order to access and retain your electronic records, you may be required to have certain hardware and
software, which are your sole responsibility. SHDS does not guarantee, represent or warrant that your downloading and
access of records by electronic transmission with be uninterrupted or error-free. SHDS does not guarantee, represent or
warrant that your downloading and access of records by electronic transmission will be free from loss, corruption, attack,
viruses, interference, hacking or other security intrusion and SHDS disclaims any liability for such issues. By paying for
the release of the medical records you agree to the terms of the invoice. SHDS charges amounts governed by
applicable statutes and codes. From time to time regulators draft ambiguous statutes and codes that are subject to
multiple interpretations. By paying for the release of the medical records you agree that all amounts and charges
contained in the invoice presented to you for your request are permitted by state and federal law, and agree to waive
any claims including claims that the applicable state or federal law is ambiguous or that SHDS charged an amount
different from that required by state or federal law. You further agree to waive any claims that SHDS has engaged in a
practice not permitted by state or federal law. The invoice provided to you constitutes a contract and by paying the
contract you agree to accept the terms of the contract. By paying the invoice, you agree that there are no ambiguities in
the invoice such that you understand all of the terms and conditions stated on the invoice. You agree to abide by all
federal and state privacy laws in accepting the records electronically. In that regard, should SHDS inadvertently provide
you with any records that were not part of your records request, you agree to contact SHDS immediately and to delete
any and all copies of the information inadvertently disclosed without any further dissemination. By accepting the records
electronically, you agree to waive and release any claims against SHDS related to federal and state privacy laws once
you are in receipt of the records. By using this service, you agree to the extent permitted by applicable state and federal
law, to defend, indemnify and hold SHDS, its officers, directors, employees, affiliates, agents, contractors, and licensors
harmless with respect to any claims arising out of your payment of the invoice or your access of the requested records.
Your obligation to defend, indemnify and hold SHDS harmless includes any costs, fees, fines expenses or liabilities that
arise out of any unauthorized access or use of records on our website by your current or terminated employees. Should
any dispute, claim or cause of action arise between you, your principals, your agents or SHDS, then you agree to attend
mediation in St. Augustine, St. Johns County, Florida. You further agree to engage in the mediation in good faith and
that the mediation shall be a pre-requisite toward pursing any action for arbitration or litigation as set forth in this
Agreement. Should any dispute, claim or cause of action not be settled in the mandatory mediation set forth in this
Agreement, then you, your principals, your agents and SHDS all agree to arbitrate the dispute, claim or cause of action.
You, your principals, your agents and SHDS agree to resolve any dispute, claim or cause of action through final and
binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. The American Arbitration
Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary
Procedures for Consumer Related Disputes. The arbitration will be held in St. Augustine, St. Johns County, Florida, or
any other location the parties mutually agree to at the time of the filing for arbitration. Should the parties not agree, the
arbitration shall be held in St. Augustine, St. Johns County, Florida. The AAA rules will govern payment of all arbitration
fees and attorneys' fees. No dispute between you, your principals, your agents or SHDS may be pursued as a class
action. You, your principals, your agents and SHDS may only resolve disputes with us on an individual basis and may
not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations,
class actions, private attorney general actions, and consolidation with other arbitrations are expressly not permitted
under this Agreement. Should you, your principals or your agents not proceed with arbitration and elect to file a lawsuit,
you acknowledge that the obligation to mediate and arbitrate are conditions precedent to the filing of any lawsuit under
this Agreement which would subject your claims to dismissal by a court of competent jurisdiction. ANY MEDIATION,
ARBITRATION OR LITIGATION BETWEEN YOU, YOUR COMPANY, YOUR EMPLOYER, YOUR PRINCIPALS, YOUR
AGENTS OR ANYONE YOU REPRESENT, WHETHER INSTITUTED BY YOU, YOUR COMPANY, YOUR EMPLOYER,
YOUR PRINCIPALS, YOUR AGENTS OR ANYONE YOU REPRESENT, SHALL BE BROUGHT AND VENUED IN A
COURT OF COMPETENT JURISDICTION IN ST. AUGUSTINE, ST. JOHNS COUNTY, FLORIDA. YOU, YOUR
COMPANY, YOUR EMPLOYER, YOUR PRINCIPALS, YOUR AGENTS OR ANYONE YOU REPRESENT, EXPRESSLY
CONSENT TO PERSONAL JURISDICTION IN ST. AUGUSTINE, ST. JOHNS COUNTY, FLORIDA, SUCH THAT ANY
LAWSUIT IN REGARD TO SHDS, INCLUDING BUT NOT LIMITED ANY LAWSUIT REGARDING TO THE USE OF ITS
WEBSITE, ACCESS TO OR PAYMENT FOR MEDICAL RECORDS, OR DISPUTES REGARDING THIS AGREEMENT
SHALL BE FILED IN ST. AUGUSTINE, ST. JOHNS COUNTY, FLORIDA. This agreement constitutes the entire agreement between you and SHDS. This agreement cannot be assigned by you
without the prior express written consent of SHDS. SHDS, including any of its parents, subsidiaries, agents, officers or
directors, can assign its interest in this agreement at any time without notice. This agreement governs your relationship
with SHDS, as well as the relationship of anyone whom you represent or serve as an agent for and SHDS. Should any
term or condition in this agreement be found by a court of competent jurisdiction to be unenforceable, the unenforceable
provision shall be severed from this agreement and the remainder of this agreement shall remain binding. SHDS may
cancel this agreement at any time and for any reason. By agreeing to these terms and conditions, you agree to accept
these terms on behalf of yourself as well as any company or individual you serve as an agent for regarding the
requested records. |