All authorized users of the opSolutions ("OPS") Web Portal (”User”) are required to agree to the terms of OPS’ user agreement prior to using the OPS site. This agreement sets forth rules for using the OPS site. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting its terms and conditions. “Access”, “Ourselves”, “We” and "Us", refers to OpSolutions. “Party”, “Parties”, or “Us”, refers to both You and Us, or either the You or Us. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
COPYRIGHT AND USE OF MATERIALS
The information and materials contained in this site are protected under United States copyright laws along with world-wide copyright laws and treaty provisions. Contents of this site are owned by OPS or other third parties. Copies of OPS reports may be downloaded for appropriate, contracted use, provided that there is no deletion or alteration of copyright or trademark notices. In addition, permission must be obtained from OPS for any other use of the materials. In no case may any type of hyperlink be created to the site without the prior written consent of OPS.
"OPS" and the opS logo are trademarks or service marks of opSolutions and protected under state and federal law.
THIRD PARTY DOCUMENTS AND SOFTWARE
There may be instances when Users are prompted to download third party software such as Acrobat Reader, Internet Explorer or PDF documents (such as state specific agreements/applications.) OPS does not warranty, guarantee or endorse these third party materials and provides them merely as a convenience. OPS assumes no responsibility for errors, omissions or technical inaccuracies in third party materials or products. OPS shall not be held liable for any damages, including (but not limited to) direct, special, indirect, incidental or consequential lost revenues, lost profits, or harm to technology resources, that may result from the use of third party materials. The inclusion of links by OPS to third party software, documents or sites is not an endorsement by OPS of the software, document or site, unless expressly noted.
Some links may lead outside of the OPS site. These linked sites are not under the control of OPS, and OPS is not responsible for the content of any linked site (or any link contained in a linked site.) In addition, OPS is not responsible for any changes or updates to such sites. OPS is providing these links merely as a convenience and the inclusion of any link is not an endorsement of the site, unless expressly noted.
HIPAA SECURITY AGREEMENT
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any abuse, fraud, or improper use with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
LINKS TO THIS WEBSITE
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. OpSolutions will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exist on all text relating to our services and the full content of this website.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
USER'S AUTHORIZATION TO USE THE PORTAL
User agrees that User's provision of User's username and password ("User's Login Information") is User's signature and authorization for OPS to serve as the User's service provider in allowing User to access the Portal and Materials. OPS will not sell, exchange or release the protected health information in OPS' possession ("PHI"), regardless of source, to anyone except as authorized or required by contract, statute, or regulation. However, OPS may provide certain PHI through this secure Portal to User. Such PHI release will relate solely to patients/clients/members of User or User's employer, and shall be limited to the minimum necessary data to achieve the business purposes of the Portal. OPS may aggregate data and present it in such a manner as to remove the personally identifiable aspects of the data. ”PHI”, and “business partner” are defined in 45 CFR § 160.103. For purposes of this Agreement, "Healthcare Providers" means any healthcare organization that subscribes to the Portal.
USER'S ROLE AS AN OPS PORTAL CLIENT
By agreeing to these Terms of Service, User represents that User has been designated by User’s Employer (“Company”) as its OPS contact (unless User is a patient accessing the web site in the role of patient). As the Company's OPS Portal Authorized User, User will serve as the Company's primary contact with OPS regarding security issues related to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). OPS is committed to the ideals of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as amended by the Health Information technology for Economic and Clinical Health Act (“HITECH”), 42 CFR: Parts 412, 413, 422 and 495. On our part, OPS has taken steps to preserve the privacy and security of individually identifiable patient information transmitted through the OPS Portal. On User’s part, User represents that User is knowledgeable concerning the statutory and regulatory requirements, including HIPAA, HITECH and any state medical privacy mandates, applicable to User’s Company and the electronic storage and transmission of patient information within and from User’s Company. User further agrees that User will keep informed of developments concerning these legal requirements. It is User's responsibility to identify security services, products and solutions to guarantee User’s Company's office and data security. OPS Portal User and Company responsibilities include:
- Ensuring that every Authorized Company User will have his or her own unique password.
- Ensuring that these unique passwords are not shared with anyone.
- Regenerating a user password, if an Authorized Company User's username or password has been forgotten, shared or otherwise compromised.
- Adding or terminating the access of any Authorized Company Users to the Service.
- Managing the access of any Authorized Company Users to the Portal by granting or denying access to specific functions of the Portal.
- Maintaining tax IDs and provider IDs within the Portal, if authorized by the Company to do so.
- Ensuring that information accessed via the Portal is only used for legitimate business reasons.
- Ensuring there is an active Portal Security Officer within the Company.
- Setting the amount of time before the Portal automatically logs off inactive sessions.
USER'S GENERAL RESPONSIBILITIES
The Company is responsible for the quality and security procedures User should follow in using this Portal. On the Company's behalf, User is responsible for following appropriate procedures to safeguard the security of the Company's hardware, software and information. The Company is responsible for adequate protection, security and backup of data and/or equipment used in connection with the Service. Accordingly, the Company agrees to indemnify and hold harmless OPS and its Business Partners from and against any and all claims, demands, actions, losses, damages, costs and expenses, including reasonable attorney's fees, arising from or relating to use of the Portal or Materials, violation or alleged violations of these Terms of Service, or violation or alleged violation of any rights of another by User, the Company, or any individual allowed by the Company to access the Portal.
For the purposes of these Terms of Service, OPS acts solely as an operator of the Portal and does not warrant that the use or operation of the Portal will be uninterrupted or error-free. Use of the Portal and any reliance upon any Materials, including any action taken or not taken by User or the Company because of such use or reliance, is at the sole risk of User and the Company. Without limiting the foregoing, User understands that OPS is not responsible for the accuracy of the Materials or other information, including healthcare data accessed through the Service, and it is the responsibility of User and the Company to confirm the accuracy of such information. THE SERVICE AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OPS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
User Conduct. User and the Company may neither access nor use the Portal in any unlawful manner or for any unlawful purpose or in violation of these terms and conditions or applicable laws, rules and regulations. User and the Company agree to access and use the Portal solely for the Company's internal business purposes, consistent with this Agreement. Neither User nor the Company shall post, upload or otherwise transfer to or via servers or communication lines by any means, including but not limited to web page content, linked web pages, e-mail or FTP, anything which (i) is obscene or constitutes child pornography under applicable law, (ii) is defamatory, (iii) contains any computer code that disrupts, disables, harms or otherwise impedes the operation of the Portal or any associated data, software, firmware, hardware, computer or network (sometimes referred to as "viruses" or "worms"), or (iv) is commercial or promotional in nature. The Company is solely responsible for all usage of the Portal through the Company's account and all related fees and any fees associated with use of other services accessed through the Portal on the Company's account, whether or not authorized by User or the Company. User may not permit other individuals to use the Service unless they are Authorized Company Users. User and the Company agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes any portion of the Portal or Materials (including Log-In Information), use of the Portal or Materials, or access to the Portal or Materials.
Passwords. User and the Company are responsible for access and use of the Portal on the Company's behalf and for the confidentiality of all passwords issued to or by User or the Company. OPS may unilaterally suspend or terminate User’s access to the Portal if we have reason to believe that an unauthorized user is accessing and/or using the site on User’s behalf. Due to User's role as the Company's Authorized User, the suspension or termination of User’s access to the Portal will also prevent other Authorized Company Users from accessing the Portal, until such time as the Company has resolved the security concern to OPS' satisfaction. User and the Company agree to immediately notify OPS of any unauthorized use of User’s password or any other breach of security. OPS cannot and will not be liable for any loss or damages arising from any failure to comply with this paragraph.
Ownership. The Portal, Materials created or developed by OPS (the "OPS Materials"), and OPS names and logos and all related product and service names, design marks and slogans are the property of OPS or its affiliates. Other product names and service marks, etc. are the property of their respective owners. User is not authorized to use any of these marks. Use of the Portal confers no title or ownership in the Portal, the Materials or the marks. User acknowledges that OPS owns all copyrights and associated intellectual property rights in the Portal and OPS Materials. User may not copy, modify, translate, reverse engineer, decompile, disassemble or create derivative works of any software or Materials in connection with the Portal.
Export Controls. The Portal and Materials are provided by OPS in the United States for access and use in the United States only. Those who access the Portal do so on their own initiative and at their own risk, and are responsible for compliance with their local laws, if and to the extent such local laws are applicable. Use of the Portal is subject to applicable United States export controls. None of the Portal, Materials or underlying information or technology may be downloaded or otherwise exported or re-exported outside of the United States.
No Third Party Beneficiaries. User agrees that there shall be no third party beneficiaries to this Agreement.
General Terms. These Terms of Service constitutes a component of the agreement among OPS and the User with reference to use of the Portal and the Materials, and supersedes any prior agreement between or among the parties regarding its subject matter. Therefore, these Terms of Service do not supersede any licensing or business associate agreement between OPS and the User. These Terms of Service are governed by the laws of the State of Texas (excluding rules dealing with conflicts of law). In the event any provision of these Terms of Service is found to be unenforceable or invalid, such provision shall be modified so as to make it valid and enforceable and as so modified these Terms of Service shall remain in full force and effect.
Termination of Agreement. OPS may terminate User’s access to the Portal immediately, with or without notice, if User breaches or threatens to breach any of the provisions of the Agreement or these Terms of Service. Upon any such termination or expiration, User must immediately discontinue all use of the Portal and immediately destroy all copies of any Materials obtained from the Portal. The provisions of this Agreement (other than User’s right to use the Portal) shall survive termination or expiration of this Agreement.
DISCLAIMER OF WARRANTIES.
USER EXPRESSLY UNDERSTANDS AND AGREES THAT: A. OPS MAKES NO WARRANTY THAT (i) THE Portal WILL MEET USER’S REQUIREMENTS, (ii) THE Portal WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Portal WILL BE ACCURATE, UP TO DATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE Portal WILL MEET THE EXPECTATIONS OF USER, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. B. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Portal IS DONE AT THE USER'S OWN DISCRETION AND RISK, AND THE COMPANY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OPS OR THROUGH OR FROM THE Portal SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATIONS ON LIABILITY.
OPS AND ITS BUSINESS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USE OF OR INABILITY TO USE THE Portal AND/OR THE MATERIALS. IN NO EVENT SHALL OPS OR ANY OF ITS BUSINESS PARTNERS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER, RELIANCE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF PREVIOUSLY INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT OPS OR ANY OF ITS BUSINESS PARTNERS IS NEVERTHELESS FOUND LIABLE FOR DAMAGES FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF OPS OR ANY BUSINESS PARTNERS WILL BE LIMITED TO THE AMOUNT PAID TO OPS FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER.
The sole and exclusive remedy for User for any failure or nonperformance of the Portal or any Materials (including any associated software) shall be for OPS to use commercially reasonable efforts to adjust or repair the Portal or the Materials, or for User to discontinue use of the Portal.
If User has any questions, please call OPS Customer Care at 210-614-5500