These Terms and Conditions (this "Agreement") sets for the terms and conditions that apply to your access and use of the website located at www.lifeview.health (the "Site"), and the information, tools, software, features and functionality, including content, updates and new releases located on the site (collectively, the "Service"), as owned and operated by Aosta LLC, a Tennessee corporation.
By visiting the Site or using the Service, you agree to be bound by this Agreement and lifeview.health’s Privacy and Security Policy, which is incorporated into this Agreement, as each may be amended from time to time (see "Modifications" below), whether you are a "Visitor" (which means that you simply browse the Site) or you are an "Applicant" or "Producer" (which means that you have registered with the Service). The term "you" or "User" refers to a Visitor, Applicant or a Producer. The terms "we" or "Company" refers to lifeview.health or Aosta. If you wish to become an Applicant or Producer and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process by clicking "I Agree."
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with lifeview.health or Aosta.
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 a company or entity, that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
You may not assign or transfer this Agreement, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and of no effect. Company may assign or transfer this Agreement, in its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
For information about Company’s data protection practices, please read Company’s Privacy and Security Policy . This policy explains how Company treats your personal information when you access the Site and/or 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.
One of the main factors in determining our standard is the ability of the browser you use to maintain a high level of security. This is primarily reflected in its encryption code. To ensure the security of valuable and personal information, users may only access our site using specific browsers equipped with at least 128-bit encryption or higher.
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 of your agreement with your mobile device and telecommunications providers. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (I) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICE AT ANY TIME OR FROM ANY LOCATION; (II) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (III) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICE.
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. That Login ID and password, together with any phone number or other contact information you provide, form your "Registration Information." You understand that Company takes no responsibility for and disclaims any and all liability or consequential damages arising from a breach of your Protected Health 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 Company immediately at the e-mail address info@lifeview.health
By providing your e-mail address and phone number to Company you expressly authorize Company to contact you via email or phone from time to time regarding (i) completing the process for registering for an account, (ii) certain changes made to your Company account, such as a change in your Registration Information, (iii) updates to your Protected Health Information, (iv) questions related to retrieving your Patient Information, (vi) customer service matters and/or (vi) to let you know of changes to the Service. E-mails will be sent to the e-mail address you have provided as your primary e-mail address for the Service. If your e-mail address or your phone number changes, you are responsible for informing Company of that change. E-mails to you may include your Login ID, general information about your account, and/or certain details regarding one of your health provider visits, including, but not limited to, (i) the name of a doctor or health provider, (ii) the specialty or practice name of a doctor or health provider, (iii) the name of the procedure conducted at such visit or the type of exam and/or (iv) appointment or treatment dates. Notices and other communications will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our Site, accessible through any standard, commercially available internet browser.
NEITHER COMPANY NOR THE SERVICE IS INTENDED TO PROVIDE MEDICAL ADVICE.
The Service is intended only to assist you in viewing and organizing your health information and allowing you to transfer your health information to other parties that you allow. If you infer any health care advice from the Company, Site or Service, that is clearly not the intent of the Company, Site or Service. You should only consult your health care providers for any decisions regarding your health.
The Service is a protected health information retrieval and management service that allows Users to consolidate certain health information including Protected Health Information ("PHI") on the Site and through the Service and share that information with others that you have agreed to share that information with (including family members, doctors, lifeview.health, Aosta and its affiliates and other third-party providers). The Service is provided to you by Company as an aid to assist you in organizing and managing your health information. To be clear, the service and the site is not intended to provide medical advice.
If a User requests that we share information with a family member, doctor, lifeview.health, Aosta and its affiliates, or other third-party provider, Company will contact such family member, doctor, or other third-party provider with information on how to access your Protected Health Information. If a User wishes to share Protected Health Information with a doctor or third-party provider that does not use e-mail, Company will contact the doctor or third-party provider by fax, mail or phone to share the Protected Health Information. Company will make best efforts to confirm receipt by phone but cannot guarantee that such family member, doctor, or other third-party provider will actually use or access the Protected Health Information.
Except as expressly stated upon initial access to a specific goundermedical website or section of such site, our site(s) does not direct content to Minors and does not intend to collect PHI from Minors and therefore is not subject to the Child Online Privacy Protection Act.
If you allow your minor child, or a child for whom you are legal guardian (a "Minor"), to access and use our site(s), you agree that you will be solely responsible for:
(i) the online conduct of such Minor;
(ii) monitoring such Minor’s access to and use of our site(s)
(iii) the consequences of any use.
With the Service, Users may direct Company or its affiliate to retrieve their own Protected Health Information maintained by third-party providers with which they have patient relationships and/or on third-party sites. Users may link directly to on-line accounts with third-party providers or fill out and sign Health Insurance Portability and Accountability Act release authorization forms ("HIPAA Forms") and direct Company or its affiliate to send such forms to third-party providers with a record request cover sheet so that Company or its affiliate may receive such Patient Information in paper or electronic form and upload such Protected Health Information to your account.
Company or its affiliates may review the Protected Health Information received from third-party providers to normalize and label data for display, but Company or its affiliates is not responsible for any errors in the Protected Health Information resulting from such review process. Company and its affiliates makes no effort to review the Protected Health Information for accuracy, legality or non-infringement. Company and its affiliates is not responsible for any Protected Health Information provided by third-party providers or their patient portal sites.
By becoming a User and linking to third-party provider accounts online or executing a HIPAA Form, you acknowledge that you are requesting Company and its affiliates to obtain your Protected Health Information for your account and to communicate with third-party providers concerning your Protected Health Information.
You acknowledge that there may be delays in record request processing from third-party providers. Company and its affiliates may be unable to obtain some or all of your Protected Health Information and cannot guarantee or assume responsibility for the completeness, timeliness, accuracy, relevance, deletion or non-delivery of any Protected Health Information. Company is not responsible for the way in which data is displayed on the Site or through the Service.
These Terms do not apply to content already in the public domain. Content in the public domain is information that you can find in other places.
Your right to access and use the Site and 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 Site for lawful purposes.
Company makes no claims that the Service may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. When you access the Service outside of the United States, you acknowledge and agree that information you provide may be transferred to a jurisdiction other than your country of residence.
Accurate information enables Company to provide the Service to you. You must provide true, accurate, current and complete information and may not misrepresent information (i) in your Registration Information, (ii) about your family members or third-party providers, (iii) about your Protected Health Information maintained by third-party providers and/or at third-party websites, (iv) on the HIPAA Form, and/or (v) in our forms. In order for the Service to function effectively, you must also keep such information listed above up-to-date and accurate. If you do not do this, the accuracy and effectiveness of the Service will be affected. Even if you fill out and execute a HIPAA Form or provide accurate and updated Registration Information and other information listed above in this paragraph, there is no guarantee that Company will be able to provide complete Protected Health Information to you or the parties you ask us to send that information to, since the completeness of the retrieval process is dependent upon third-party providers and/or third-party websites.
Your access and use of the Site and 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 actions beyond the control of Company or that Company, in its sole discretion, may elect to take. Company cannot always foresee or anticipate technical or other difficulties which may result in, and Company shall therefore not be responsible or liable for, any
(i) failure to obtain Patient Information
(ii) loss of Patient Information or personalization settings or
other service interruptions.
You agree that Company may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Company a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback, suggestions and ideas you provide to Company in any way. Company will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
You agree that you will not:
attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or the Service;
copy the Service or any part thereof;
attempt to breach any security or authentication measures of the Site or the Service;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any other third party to protect the Service or the Site;
interfere or attempt to interfere with other Users’ or Users’ use of the Site or Services, respectively;
do anything that could disable, damage, tamper with, impair or otherwise cause interruptions to the proper working of the Service;
use any robot, spider, scraper or other automated means to access, data-mine, data-crawl, scrap or index the Service in any manner;
provide any false personal information in your account, create more than one account, transfer your account or create an account for anyone other than yourself;
post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site or the Service;
defame, abuse, stalk, threaten, intimidate, harass or otherwise violate the legal rights of any User, User or employee, staff or agent of Company;
solicit login information, Login IDs or personal information of another person, or access an account, belonging to someone else;
will not use the website and its content to break any laws. This includes fraud and abuse laws.
do anything that is illegal, infringing, fraudulent, malicious or could expose Company or Users or Users to harm or liability; or
facilitate or encourage any violations of this Agreement.
lifeview health reserves the right, but not the obligation, to terminate your access to our site(s) if it determines in its sole and absolute discretion that you are involved in infringement activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringement.
lifeview health and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. lifeview health has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement via email to: info@lifeview.health
By submitting a HIPAA form, information, data, passwords, usernames, other log-in information, materials and/or other content (collectively, the "Content") to Company through the Site and/or the Service, you are licensing that Content to Company for the purpose of providing the Service. Company may use and store the Content in order to provide the Service to you, provided that such use and storage will be in accordance with the Privacy and Security Policy. By submitting this Content to Company, you represent that you are entitled to submit it to Company for use for this purpose, without any obligation by Company to pay any fees or other limitations.
By using the Service, you expressly authorize Company to access your Protected Health 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 Company, you authorize Company to send your HIPAA Form via fax, e-mail, or mail to the third-party provider(s) you have identified. In some cases, you will be directly connected to the website for the third party provider you have identified, and Company will submit information (including usernames and passwords) that you provide to log you into such third-party sites. You hereby authorize and permit Company to use and store information submitted by you to the Service (such as HIPAA Forms, account passwords and usernames) to accomplish the foregoing, including submitting your HIPAA Form to third-party providers, and to configure the Service so that it is compatible with the third-party sites for which you submit login information. For purposes of providing the Protected Health Information to you as part of the Service, you grant Company a limited power of attorney, and appoint Company 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 in connection with such activities. YOU ACKNOWLEDGE AND AGREE THAT WHEN COMPANY IS REQUESTING PATIENT INFORMATION FROM THIRD-PARTY PROVIDERS OR ACCESSING AND RETRIEVING PATIENT INFORMATION FROM THIRD-PARTY SITES, COMPANY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
YOU ACKOWLEDGE AND AGREE THAT COMPANY USES PROTECTED HEALTH INFORMATION TO TRAIN ITS PROCESSES AND IMPROVE ITS SERVICE. THE COMPANY WILL DE-IDENTIFY ALL CONTENT PROVIDED TO IT FOR THE PURPOSES OF IMPROVING ITS SERVICE. YOU ACKNOWLEDGE AND AGREE TO PROVIDE THE COMPANY A PERPETUAL LICENSE TO THE CONTENT THAT HAS BEEN DE-IDENTIFIED AND THE DERIVATIVE DATA FROM THAT DE-IDENTIFIED CONTENT EVEN AFTER YOU HAVE TERMINATED YOUR RELATHIONSHIP WITH THE COMPANY AND ALL PROTECTED HEALTH INFORMATION HAS BEEN REMOVED FROM COMPANY’S SITE.
The Service and the contents of the Site, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. Subject to your compliance with this Agreement, Company 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 Company or its licensors and we do not transfer title to any portion of the Service to you. Any code or software code that Company creates, generates or displays in the Service is also protected and you may not copy or adapt such code.
Any notice regarding any infringement of copyright or of other proprietary rights must include the following information:
A signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringement, or to be the subject of infringement activity, including information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
If you choose to access our site(s) from outside the United States you do so upon your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable. Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from our site(s) to a foreign national or foreign country in violation of those laws.
This website may contain links to third party sites. Access to any other Internet site linked to this website is at the user’s own risk and lifeview health is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. lifeview health provides these links merely as a convenience and does not endorse the companies or contents of any linked sites.
The product descriptions, if any, provided on our site(s) are not intended to constitute offers to sell or solicitations in connection with any products or services. Some products may not be available in all jurisdictions or may not be available to all financial or insurance professionals. Anyone interested in a particular product should contact the appropriate party at lifeview health to determine whether the product is available in the particular jurisdiction of interest and to request a copy of the applicable policy or prospectus for a complete description of the product.
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. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PROTECTED HEALTH INFORMATION, CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE PROTECTED HEALTH INFORMATION, CONTENT ON THE SITE OR OF THE SERVICE, OR THE CONTENT OF ANY THIRD-PARTY SITES LINKED TO THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE PROTECTED HEALTH 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 PHI, AND COMPANY 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.
COMPANY 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 COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
You agree not to make any claim against lifeview.health and its affiliates or staff. This includes third party lawyers’ fees that might result from your use of this website. It also includes any rights of a third party or laws you might break in using this website.
You shall defend, indemnify and hold harmless Company and its officers, directors, shareholders, agents and employees, from and against any and all claims, demands, losses, liabilities, costs and expenses, including but not limited to costs of investigation and attorneys’ fees, in whole or in part arising out of or attributable to (i) any breach of this Agreement by you, (ii) your use or inability to use the Service, (iii) any Content submitted by you or (iv) your violation of applicable laws. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Company.
This Agreement will continue to apply until terminated by either you or Company as set out below. If you want to terminate your legal agreement with Company, you may do so by closing your account for the Service.
Company 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 Company 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.
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Site. In addition, the Agreement will always indicate the date it was last revised. 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.
This Agreement, and your relationship with Company under this Agreement, shall be governed by the laws of the State of Tennessee without regard to its conflict or choice of laws provisions. Jurisdiction for any dispute with Company, 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 Davidson, Tennessee except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Company may seek such relief in any court with jurisdiction over the parties.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Nashville, Tennessee, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. You and Company agree that any cause of action arising out of or related to the Site or the Service or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You understand that, in return for agreement to this provision, Company is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Company does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to Company.
This Agreement represents the entire understanding and agreement between you and Company regarding the subject matter of the same, and supersedes all other previous agreements.
If there are any questions regarding Company or this Agreement, please contact Company at info@lifeview.health
For more information
lifeview health
Attention: Privacy Officer
3200 West End Ave, Suite 500
Nashville, TN 37203
Phone: +1 615-522-5014
Email: info@lifeview.health
For more information
The U.S. Department of Health & Human Services Office of Civil Rights
200 Independence Avenue,
S.W. Washington, D.C. 20201
Phone: (202) 619-0257 / Toll Free: 1-877-696-6775