eCardioServ Terms of Service

Be sure to read the Terms of Service below, as they cover the terms and conditions that apply to your use of this website (the “Website,” or “Site”).  eCardioServ LLC (“eCardioServ”) may change the Terms of Service from time to time. By continuing to use the Site following such modifications, you agree to be bound by such modifications to the Terms of Service.

General Terms and Conditions

In consideration of use of the Site, you agree to:

1. Provide true, accurate, current and complete data about you facility as prompted by the Site
2. Maintain and update this information to keep it true, accurate, current and complete.
3. If any information provided by you is untrue, inaccurate, not current or incomplete, eCardioServ has the right to terminate your account and refuse any and all current or future use of the Site.
4. You agree not to resell or transfer the Site
5. You agree not to use the site or allow access to the Site for any other facility and/or Users not covered under the payment agreement.

You acknowledge and agree that you must:

1. Provide for your own access to the World Wide Web
2. Pay any service fees associated with such access
3. Provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device.

By using the eCardioServ.com website, including any applets, software, and content contained therein, you agree that use of the Site is entirely at your own risk.

THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, eCARDIOSERV DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

NEITHER eCARDIOSERV NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF eCARDIOSERV, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

eCardioServ is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Web Site, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.

eCardioServ does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website.

eCardioServ reserves the right to change any information on this Website including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Website might take you to other web sites for which eCardioServ assumes no responsibility of any kind for the content, availability or otherwise. (See “Links from and to this Website” below.) The content presented at this Site may vary depending upon your browser limitations.

 User Conduct on the Site; while using the Site, you may not:

1. Restrict or inhibit any other user from using and enjoying the Site; or
2. Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
3. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by eCardioServ) or engage in spamming or flooding; or
4. Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
5. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
6. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
7. Upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.

eCardioServ has no obligation to monitor the Site. However, you acknowledge and agree that eCardioServ has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its customers.

eCardioServ will not intentionally monitor or disclose any private electronic-mail message unless required by law. eCardioServ reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions (“your Communications”) will be treated as non-confidential and nonproprietary. In addition, eCardioServ is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.

 Failure to Comply With Terms and Conditions and Termination

You acknowledge and agree that eCardioServ may terminate your password or account or deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that eCardioServ in its sole discretion believes violate any of the terms and conditions, violate the rights of eCardioServ, or is otherwise inappropriate for continued access.

You acknowledge and agree that eCardioServ may in its sole discretion deny you access through eCardioServ to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through eCardioServ, and eCardioServ shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

You agree to defend, indemnify and hold eCardioServ and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you or users of your account or related to any violation of these Terms of Service by you or users of your account.

Links from and to this Website

You acknowledge and agree that eCardioServ and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by eCardioServ or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.

Information in the many web pages that are linked to eCardioServ’s Website comes from a variety of sources. Some of this information comes from official eCardioServ licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to eCardioServ. eCardioServ does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that eCardioServ and its Website Co-branding Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

Other Information

eCardioServ is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.

Miscellaneous

The Terms of Service and the relationship between you and eCardioServ shall be governed by the laws of the State of Florida. You and eCardioServ agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Florida.

The failure of eCardioServ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

eCardioServ Privacy Policy

It is our policy to comply with the rules and regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).  Through our Service Agreement and a Business Associate Agreement (BAA) with the Covered Entity, we give contractual guarantees that we will use Protected Health Information (PHI) that we are granted access to only for the purposes for which we have been contracted.  We will safeguard the information from misuse, and will help the Covered Entity comply with their obligations under the HIPAA rules.  If the Covered Entity does not have a BAA of their own we will provide one as an addendum to our Service Agreement.  If required by the Covered Entity we will make the necessary changes to our Service Agreement and/or our BAA to ensure our HIPAA compliance meets their needs.  We have taken the necessary steps to assure eCardioServ is compliant as follows:

Accounting of  Disclosure and Audit Trail Issues:

We are appointed by and contracted to the Covered Entity to assist in the accreditation of the Echocardiography Lab and are considered part of the treatment, payment, or health care operations (TPO).  A Covered Entity is not required by HIPAA regulation to keep an accounting of anyone within their own organization who has received (or had access to) medical information.  The accounting provision only covers “disclosures,” which are defined as the sharing of health information with someone outside of an organization that is not a part of the TPO.  See Section 164.528(a) (right to accounting of disclosures) and Section 164.501 (definition of “disclosure”). The regulation specifically states that a Covered Entity does not have to keep an accounting of information disclosed to someone outside of the organization for the purposes of treatment, payment, or health care operations. See Section 164.528(a)(1)(i). The result of these exclusions are that a Covered Entity is required to account for only a narrow category of disclosures that primarily are not related to health care, such as those made to law enforcement personnel or pursuant to a request for documents in a lawsuit.

Data is Protected from Unauthorized Viewing/Usage:

eCardioServ access is restricted via password to only those employees that have a need to know.  Servers and data storage units are in a secured SSAE 16 compliant data center with limited access.  Data is received and forwarded via automated, electronic processes where no direct human intervention is required.  Access or viewing of PHI is only allowed when required to provide further support to the Covered Entity.  Archive and backup tapes are encrypted and stored in a secured location in a fireproof safe.

Proper Disposal of Data:

At the end of a Covered Entity’s contract with eCardioServ their data is deleted from the eCardioServ computer systems.  No printed reports or paper copies are ever retained in our facility.  If reports are ever printed to further support the Covered Entity, they are shredded immediately upon completion of the task that required the paper output.

Privacy and Security Rule(s):
To protect the privacy and security of the PHI we have implemented the following processes:
• Covered Entities must execute a Service Agreement and BAA to subscribe to our service
• All employees, contractors, sub-contractors, agents and representatives are required to sign an agreement to abide by the HIPAA Privacy Act and a Confidentiality & Non-Disclosure agreement
• Support data encryption on all websites and all reports
• E-mail address verification
• Restricted access to PHI on a need to know basis (via passwords and company policy)
• Automatic expiration of passwords
• 24/7 restricted access to SSAE 16 compliant Data Center
• Office facility is locked 24/7, requires keycard access and has monitored security system installed throughout the facility
• Automated encrypted data backups
• Encrypted data backups stored in secured safe
• Automated virus checking
• HIPAA and Security awareness training for all employees, contractors, sub-contractors, agents and representatives is mandatory
• Employee termination security procedures in place
• All retired computer hard drives are shredded

HIPAA Transaction and Code Set Rule:
• HIPAA compliant EDI transactions are used when applicable
• HIPAA compliant Code Sets are used when applicable
eCardioServ is committed to full and complete compliance with all HIPAA rules and regulations. As necessary, we will adjust our policies to adhere to our clients’ needs and to adjust to any changes in the HIPAA rules.