BY SIGNING UP FOR AN ACCOUNT OR BY ACCESSING OR USING SECUREMDX (THE “SITE”), YOU AGREE TO BE BOUND BY THESE PROVIDER TERMS OF USE (“Provider Terms”). Please read this carefully, and do not sign up for an account or use the Site if you are unwilling or unable to be bound by these Provider Terms.
Information, including Personal Health Information as defined in 45 CFR 160.501 (“PHI”), accessed and/or retrieved from the Site, is intended only for the review and/or use by authorized users for legitimate purposes. You may permit authorized members of your staff (your “Provider Group”) to use the Site, only under the following conditions:
- Each member of your Provider Group must have a unique user ID and password, and you will provide MDxHealth the legal name, title and email address of each such member for whom you are seeking credentials;
- Each member of your Provider Group must be trained on and comply with the requirements of these Provider Terms; and
- You will immediately notify us of termination of employment or the withdrawal of authorization for any member of your Provider Group.
By accessing the Site, you and each member of your Provider Group (each, a “User”) agrees:
- To use appropriate safeguards and practices to prevent the inappropriate use or disclosure of PHI and comply with all applicable federal and state laws and regulations which protect the confidentiality of PHI;
- To mitigate, to the extent practicable, any harmful effect that is known to User of a use or disclosure of PHI in violation of the requirements of these Provider Terms and conditions; and
- To promptly report to the MDxHealth Privacy Hotline (949-271-9252) any use or disclosure of PHI of which he/she becomes aware which would violate these provider Terms.
Access and/or retrieval of information from the Site for any other purpose is expressly prohibited. User’s access to the Site will be recorded electronically, and Users consent to having all or any part of their use of and access to the Site recorded audited or reviewed at any time.
Each User hereby agrees to indemnify, defend, and hold harmless MDxHealth (“MDxHealth,” we,” “our” or “us“) and any parent, subsidiary or affiliated entities, and our and their respective officers, directors, employees, and agents, from and against any claim, cost or liability, including reasonable attorneys’ fees, arising out of or relating to the use of the Site by you or any person gaining access to the Site under credentials assigned to you or a member of your Provider Group. In addition, you hereby release us and any parent, subsidiary or affiliated entities, our officers and employees, and officers and employees of any parent, subsidiary or affiliated entities from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any services or materials available at the Site. You hereby agree to waive all laws that may limit the efficacy of such releases.
In no event shall we be liable for any direct, indirect, special, punitive, incidental or consequential damages (including, without limitation, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the site, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages.
The site is provided “as is” and without warranties of any kind either express or implied. to the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and on-infringement. we do not warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server(s) that makes our site available or hyperlinked site are free of viruses or other harmful components or that our site, server(s) or hyperlinked sites will be accessible at all times.
We may update or change these Provider Terms from time to time and will post any updates or changes to these Provider Terms and the general Terms of Use on the Site. You understand and agree that your continued use of the Site after such terms have been updated or changed constitutes your acceptance thereof.
