END-USER LICENSE AGREEMENT FOR:
MY WELLNESS STATION
IMPORTANT: PLEASE READ THE
TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING
WITH THIS PROGRAM INSTALL.
This End-User License Agreement ("EULA")
is a legal agreement between you (either an individual or a single entity)
and Five Points ICT, Inc (“FIVE POINTS ICT”) for the software product(s)
identified above which may include associated software components, media,
printed materials, and "online" or electronic documentation
("SOFTWARE PRODUCT"). By installing, copying, or otherwise
using the SOFTWARE PRODUCT, you agree to be bound by the terms of this
EULA. This license agreement represents the entire agreement concerning
the program between you and FIVE POINTS ICT, (referred to as "licenser"),
and it supersedes any prior proposal, representation, or understanding
between the parties. If you do not agree to the terms of this EULA,
do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by
copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed,
1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows:
- Installation and Use. FIVE POINTS ICT grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows 7, Windows 8, Windows 10].
- Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
- Distribution. You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from FIVE POINTS ICT's websites may be freely distributed.
- Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
- Support Services. FIVE POINTS ICT may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
- Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3.INTERNET-BASED COMMUNICATION SERVICES.
FIVE POINTS ICT provides Internet-based communication services with the software. It may change or cancel them at any time.
- Consent for Communication Services. The software features described below retrieve content or data from removable devices and connect to FIVE POINTS ICT computer systems over the Internet for the purpose of uploading content or data. In some cases, you will not receive a separate notice when they connect. Unless otherwise noted, you may choose not to use these features. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.
Computer Information. The
following features use Internet protocols, which send to the appropriate
systems computer information, such as your Internet protocol address,
the type of operating system, browser and name and version of the software
you are using, and the language code of the device where you installed
the software. FIVE POINTS ICT uses this information to make the
Internet-based communication services available to you.
Device Content. Features
in the software can retrieve and display related content from supported
removable devices on your computer. Examples of these devices
are pedometers and other devices supported by FIVE POINTS ICT.
You may choose not to use these device content features.
Data Transmission. Features
in the software can upload related content to FIVE POINTS ICT computer
systems. Examples of these features include sending or transmitting
data or content retrieved from removable devices such as pedometers
or other supported devices. You may choose not to use these data
- Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
Without prejudice to any other rights,
FIVE POINTS ICT may terminate this EULA if you fail to comply with the
terms and conditions of this EULA. In such event, you must destroy all
copies of the SOFTWARE PRODUCT in your possession.
All title, including but not limited
to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof
are owned by FIVE POINTS ICT or its suppliers. All title and intellectual
property rights in and to the content which may be accessed through
use of the SOFTWARE PRODUCT is the property of the respective content
owner and may be protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants you no rights to use such
content. All rights not expressly granted are reserved by FIVE POINTS
6. NO WARRANTIES
FIVE POINTS ICT expressly disclaims
any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided
'As Is' without any express or implied warranty of any kind, including
but not limited to any warranties of merchantability, noninfringement,
or fitness of a particular purpose. FIVE POINTS ICT does not warrant
or assume responsibility for the accuracy or completeness of any information,
text, graphics, links or other items contained within the SOFTWARE PRODUCT.
FIVE POINTS ICT makes no warranties respecting any harm that may be
caused by the transmission of a computer virus, worm, time bomb, logic
bomb, or other such computer program. FIVE POINTS ICT further expressly
disclaims any warranty or representation to Authorized Users or to any
7. LIMITATION OF LIABILITY
In no event shall FIVE POINTS ICT be
liable for any damages (including, without limitation, lost profits,
business interruption, or lost information) rising out of 'Authorized
Users' use of or inability to use the SOFTWARE PRODUCT, even if FIVE
POINTS ICT has been advised of the possibility of such damages. In no
event will FIVE POINTS ICT be liable for loss of data or for indirect,
special, incidental, consequential (including lost profit), or other
damages based in contract, tort or otherwise. FIVE POINTS ICT shall
have no liability with respect to the content of the SOFTWARE PRODUCT
or any part thereof, including but not limited to errors or omissions
contained therein, libel, infringements of rights of publicity, privacy,
trademark rights, business interruption, personal injury, loss of privacy,
moral rights or the disclosure of confidential information.
8. HIPAA and Privacy Notice
NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE READ IT CAREFULLY.
This Notice describes the legal obligations of Five Points ICT, Inc. (Five Points) and your legal rights regarding your protected health information held by Five Points under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Among other things, this Notice describes how your protected health information may be used or disclosed to carry out treatment, payment, or health care operations, or for any other purposes that are permitted or required by law.
On February 17, 2009 President Obama signed the stimulus bill, the American Recovery and Reinvestment Act (ARRA) into law. Among numerous provisions designed to provide an economic stimulus to the U.S. economy, ARRA also included the Health Information Technology for Economic and Clinical Health Act (HITECH), which contains new privacy and security requirements applicable to HIPAA covered entities such as Five Points, and their “Business Associates.”
We are required to provide this Notice of Privacy Practices (the “Notice”) to you pursuant to HIPAA. The HIPAA Privacy Rule protects only certain medical information known as “Protected Health Information” or “PHI”. Generally, protected health information is individually identifiable health information, including demographic information, collected from you or created or received by a health care provider, a health care clearinghouse, a health plan, or your employer on behalf of a group health plan that relates to:
(1) Your past, present or future physical or mental health or condition;
(2) The provision of health care to you; or
(3) The past, present or future payment for the provision of health care to you.
If you have any questions about this Notice or about our privacy practices, please contact the Five Points ICT Privacy Officer at (615) 791-0404.
Effective Date: This Notice is effective December 1, 2009.
We are required by law to:
- Maintain the privacy of your protected health information;
- Provide you with certain rights with respect to your protected health information;
- Provide you with a copy of this Notice of our legal duties and privacy practices with respect to your protected health information; and
- Follow the terms of the Notice that is currently in effect.
We reserve the right to change the terms of this Notice and to make new provisions regarding your protected health information that we maintain, as allowed or required by law. If we make any material change to this Notice, we will provide you with a copy of our revised Notice of Privacy Practices by posting to our website.
How We May Use and Disclose Your Protected Health Information
Under the law, we may use or disclose your protected health information under certain circumstances without your permission. The following categories describe the different ways that we may use and disclose your protected health information. For each category of uses or disclosures we will explain what we mean and present some examples. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories.
We may use or disclose your protected health information to facilitate medical treatment or services by providers. We may disclose medical information about you to providers, including doctors, nurses, technicians, medical students, or other hospital personnel who are involved in taking care of you.
We may use or disclose your protected health information to determine your eligibility for Five Points services, to facilitate payment for the treatment and services you receive from health care providers, to determine benefit responsibility under the Five Points, or to coordinate coverage. We may also share your protected health information with a utilization review or pre-certification service provider. Likewise, we may share your protected health information with another entity to assist with the adjudication or subrogation of health claims or to another health plan to coordinate benefit payments.
For Health Care Operations.
We may use and disclose your protected health information for other Five Points operations. These uses and disclosures are necessary to run Five Points services. For example, we may use medical information in connection with conducting quality assessment and improvement activities; underwriting, and other activities relating to Five Points including conducting or arranging for medical review, legal services, audit services, and fraud & abuse detection programs; business planning and development such as cost management; and business management and general Five Points administrative activities.
To Business Associates.
We may contract with individuals or entities known as Business Associates to perform various functions on our behalf or to provide certain types of services. In order to perform these functions or to provide these services, Business Associates will receive, create, maintain, use and/or disclose your protected health information, but only after they agree in writing with us to implement appropriate safeguards regarding your protected health information. For example, we may disclose your protected health information to a Business Associate to administer claims or to provide support services, such as utilization management, pharmacy benefit management or subrogation, but only after the Business Associate enters into a Business Associate Agreement with us.
As Required by Law.
We will disclose your protected health information when required to do so by federal, state or local law. For example, we may disclose your protected health information when required by national security laws or public health disclosure laws.
To Avert a Serious Threat to Health or Safety.
We may use and disclose your protected health information when necessary to prevent a serious threat to your health and safety, or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat. For example, we may disclose your protected health information in a proceeding regarding the licensure of a physician.
To Plan Sponsors.
For the purpose of administering services, we may disclose to certain employees, required protected health information. However, those employees will only use or disclose that information only as necessary to perform plan administration functions or as otherwise required by HIPAA, unless you have authorized further disclosures. Your protected health information cannot be used for employment purposes without your specific authorization.
In addition to the above, the following categories describe other possible ways that we may use and disclose your protected health information. For each category of uses or disclosures, we will explain what we mean and present some examples. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories.
Organ and Tissue Donation.
If you are an organ donor, we may release your protected health information to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation.
Military and Veterans.
If you are a member of the armed forces, we may release your protected health information as required by military command authorities. We may also release protected health information about foreign military personnel to the appropriate foreign military authority.
We may release your protected health information for workers’ compensation or similar programs. These programs provide benefits for work-related injuries or illness.
Public Health Risks.
We may disclose your protected health information for public health actions. These actions generally include the following:
- To prevent or control disease, injury or disability;
- To report births and deaths;
- To report child abuse or neglect;
- To report reactions to medications or problems with products;
- To notify people of recalls of products they may be using;
- To notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition;
- To notify the appropriate government authority if we believe that a patient has been the victim of abuse, neglect or domesticviolence. We will only make this disclosure if you agree, or when required or authorized by law.
Health Oversight Activities.
We may disclose your protected health information to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs, and compliance with civil rights laws.
Lawsuits and Disputes.
If you are involved in a lawsuit or a dispute, we may disclose your protected health information in response to a court or administrative order. We may also disclose your protected health information in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested.
We may disclose your protected health information if asked to do so by a law enforcement official:
- In response to a court order, subpoena, warrant, summons or similar process;
- To identify or locate a suspect, fugitive, material witness, or missing person;
- About the victim of a crime if, under certain limited circumstances, we are unable to obtain the victim’s agreement;
- About a death that we believe may be the result of criminal conduct;
- About criminal conduct; and
- In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime.
Coroners, Medical Examiners and Funeral Directors.
We may release protected health information to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death. We may also release medical information about patients to funeral directors as necessary to carry out their duties.
National Security and Intelligence Activities.
We may release your protected health information to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.
If you are an inmate of a correctional institution or are under the custody of a law enforcement official, we may disclose your protected health information to the correctional institution or law enforcement official if necessary (1) for the institution to provide you with health care; (2) to protect your health and safety or the health and safety of others; or (3) for the safety and security of the correctional institution.
We may disclose your protected health information to researchers when:
- The individual identifiers have been removed; or
- When an institutional review board or privacy board (a) has reviewed the research proposal; and (b) established protocols to ensure the privacy of the requested information, and approves the research.
The following is a description of disclosures of your protected health information we are required to make.
We are required to disclose your protected health information to the Secretary of the United States Department of Health and Human Services when the Secretary is investigating or determining our compliance with the HIPAA privacy rule.
Disclosures to You.
When you request, we are required to disclose to you the portion of your protected health information that contains medical records, billing records, and any other records used to make decisions regarding your health care benefits. We are also required, when requested, to provide you with an accounting of most disclosures of your protected health information where the disclosure was for reasons other than for payment, treatment or health care operations, and where the protected health information not disclosed pursuant to your individual authorization.
We will disclose your protected health information to individuals authorized by you, or to an individual designated as your personal representative, attorney-in-fact, etc., so long as you provide us with a written notice/authorization and any supporting documents (i.e., power of attorney). Note: Under the HIPAA privacy rule, we do not have to disclose information to a personal representative if we have a reasonable belief that:
- You have been, or may be, subjected to domestic violence, abuse or neglect by such person;
- Treating such person as your personal representative could endanger you; or
- In the exercise of professional judgment, it is not in your best interest to treat the person as your personal representative.
Other uses or disclosures of your protected health information not described above will only be made with your written authorization. You may revoke written authorization at any time, so long as the revocation is in writing. Once we receive your written revocation, it will only be effective for future uses and disclosures. It will not be effective for any information that may have been used or disclosed in reliance upon the written authorization and prior to receiving your written revocation.
You have the following rights with respect to your protected health information:
Right to Inspect and Copy.
You have the right to inspect and copy certain protected health information that may be used to make decisions about your health care benefits. To inspect and copy your protected health information, you must submit your request in writing to [Employer Contact]. If you request a copy of the information, we may charge a reasonable fee for the costs of copying, mailing or other supplies associated with your request.
We may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to your medical information, you may request that the denial be reviewed by submitting a written request to Lisa Smith, Privacy Officer or Josh Barnett, Corporate Compliance.
Right to Amend.
If you feel that the protected health information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for the Plan.
To request an amendment, your request must be made in writing and submitted to Lisa Smith, Privacy Officer or Josh Barnett, Corporate Compliance. In addition, you must provide a reason that supports your request.
We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that:
- Is not part of the medical information kept by or for Five Points;
- Was not created by us, unless the person or entity that created the information is no longer available to make the amendment;
- Is not part of the information that you would be permitted to inspect and copy; or
- Is already accurate and complete.
If we deny your request, you have the right to file a statement of disagreement with us and any future disclosures of the disputed information will include your statement.
Right to an Accounting of Disclosures.
You have the right to request an “accounting” of certain disclosures of your protected health information. The accounting will not include (1) disclosures for purposes of treatment, payment, or health care operations; (2) disclosures made to you; (3) disclosures made pursuant to your authorization; (4) disclosures made to friends or family in your presence or because of an emergency; (5) disclosures for national security purposes; and (6) disclosures incidental to otherwise permissible disclosures.
To request this list or accounting of disclosures, you must submit your request in writing to Lisa Smith, Privacy Officer or Josh Barnett, Corporate Compliance. Your request must state a time period of not longer than six years and may not include dates before April 14, 2004.
Your request should indicate in what form you want the list (for example, paper or electronic). We may charge you for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.
Right to Request Restrictions.
You have the right to request a restriction or limitation on your protected health information that we use or disclose for treatment, payment or health care operations. You also have the right to request a limit on your protected health information that we disclose to someone who is involved in your care or the payment for your care, like a family member or friend. For example, you could ask that we not use or disclose information about a surgery that you had.
We are not required to agree to your request. However, if we do agree to the request, we will honor the restriction until you revoke it or we notify you.
To request restrictions, you must make your request in writing to Lisa Smith, Privacy Officer or Josh Barnett, Corporate Compliance. In your request, you must tell us (1) what information you want to limit; (2) whether you want to limit our use, disclosure, or both; and (3) to whom you want the limits to apply—for example, disclosures to your spouse.
Right to Request Confidential Communications.
You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail.
To request confidential communications, you must make your request in writing to Lisa Smith, Privacy Officer or Josh Barnett, Corporate Compliance. We will not ask you the reason for your request. Your request must specify how or where you wish to be contacted. We will accommodate all reasonable requests if you clearly provide information that the disclosure of all or part of your protected information could endanger you.
If you believe that your privacy rights have been violated, you may file a complaint with the Plan or with the Office for Civil Rights. To file a complaint, please contact: Five Points ICT Privacy Officer, or Five Points ICT Corporate Compliance. All complaints must be submitted in writing. You will not be penalized, or in any other way retaliated against, for filing a complaint with the Office of Civil Rights or with us.