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Snippa Terms of Service
Welcome to the Urologic Physician Services, PC d/b/a Snippa Providers and Urologic LLC d/b/a Snippa website (the “Site” and collectively with the Snippa Providers Patient Portal, our products and services, the “Services”) and operated by Urologic Physician Services, PC and Urologic LLC (collectively, “we”, “us”, “our”).
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE END USER (ON BEHALF OF YOURSELF, OR YOUR COMPANY OR ORGANIZATION), AND US. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SERVICES. BY CONTINUING TO USE THE SERVICES, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. THIS AGREEMENT CONTAINS AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE. YOUR USE OF THE SERVICES MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.
We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes. It is your sole responsibility to review this Agreement for changes prior to use of the Services, and in any event your continued use of the Services following the posting of changes to this Agreement and the Privacy Notice the terms of which are incorporated by this reference, constitutes your acceptance of any changes. You must be at least 18 years old to use the Services.
The Services are controlled or operated (or both) by us from the United States and are not intended to subject us to any non-U.S. jurisdiction or law. The Services may not be appropriate or available for use in some jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Intellectual Property. The content, organization, graphics, design, compilation, and other matters related to the Services are protected under applicable U.S. and international copyright, trademark and intellectual property laws. Urologic Physician Services, Urologic, Snippa Providers, Snippa, and our logos and other marks are our trademarks (“Trademarks”). We exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within and related to the Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto (the “Intellectual Property”). The posting of information or materials on the Site by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You shall not challenge, contest or otherwise impair our ownership of the Services and the content therein or the validity or enforceability of our rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Site at any time without notice. Nothing contained in this Agreement shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of us or any third party. Subject to the terms and conditions of this Agreement, we grant you a limited, royalty-free, non-exclusive, revocable, terminable, personal license to use the Intellectual Property solely for your own personal, noncommercial use. None of the material on our Site may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without our prior written permission, which permission may be withheld in our sole and absolute discretion.
Accuracy of Information. We make no, and disclaim all, warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to information on the Services, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Services.
No Solicitation. It is our policy not to accept unsolicited submissions of ideas or other creative material. This is to avoid any misunderstandings if marketing that we develop independently seem similar to ideas submitted to us. We must therefore request that you do not send to us any original creative materials such as ideas for new or improved services, advertising campaigns, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by us or our parent, subsidiary, and/or affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, and marketing products using such information.
Rules of Conduct. In connection with the Services, you must not:
You will not use the Services for any purposes that is unlawful or prohibited by the terms of this Agreement. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Services.
Your Account. Accessing the Services through your account acknowledges authorization to contractually bind the user and user’s review and acceptance of this Agreement and acknowledgement of the Privacy Notice If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Privacy and Security. We strive to make using the Services safe and secure. Any and all information that we obtain from you, including names, addresses, telephone numbers, e-mail addresses, credit card numbers health information, and any other information concerning use, transactions, and traffic through the Services may be collected and used by us as provided in our Privacy Notice. Any credit card information you submit is encrypted so that it cannot be read as it travels over the Internet.
You represent and warrant that that (i) you have read and acknowledge the terms of our Privacy Notice, the terms of which are incorporated herein, (ii) any personal information supplied to us is true, correct and complete, and (iii) you have not supplied to us any proprietary information.
Remedies. We may restrict, suspend, or terminate your access to all or any part of the Services, with or without notice for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Termination shall be without prejudice to any other right or remedy to which we or our affiliates may be entitled under this Agreement or at law.
Disclaimers. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED WITHIN THE SERVICES, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SERVICES; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES, OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SERVICES MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO, AND DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SUFFICIENCY OF THE SECURITY MEASURES USED FOR DATA HANDLING AND STORAGE, AND WE WILL NOT BE RESPONSIBLE FOR ANY ACTUAL, CONSEQUENTIAL SPECIAL OR INCIDENTAL DAMAGES THAT RESULT FROM A LAPSE IN COMPLIANCE WITH OUR PRIVACY NOTICE BECAUSE OF A SECURITY BREACH OR TECHNICAL MALFUNCTION. WE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICES OR USE OF ANY INFORMATION ACCESSED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND.
WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO INFORMATION APPEARING ON ANY COMMUNITY AND/OR AGGREGATION PAGES, ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THE SERVICES, THE USE OR INABILITY TO USE THE SERVICES, THE RESULTS GENERATED FROM THE USE OF THE SERVICES, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US IS TO DISCONTINUE YOUR USE OF THE SERVICES. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnity. Except to the extent prohibited under applicable law, you will indemnify and hold us, our subsidiaries, parents, affiliates, officers, directors, shareholders, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character by reason of (i) your use of the Services, and (ii) your breach or alleged breach of this Agreement, our Privacy Notice and/or any breach or alleged breach of your representations and warranties set forth in this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.
Governing Law. We control and operate the Services from our offices in the State of Maryland. We do not represent that the Services are appropriate or available for use in other locations outside the United States. Persons who choose to access the Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that the laws of the State of Maryland, excluding its conflict of laws rules, and this Agreement, our Privacy Notice and any other policies posted on the Site applicable to your use of the Services shall govern your use of the Services. Subject to the arbitration provision below, you expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to your use of the Services resides in the courts of Anne Arundel County, Maryland, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Anne Arundel County, Maryland, in connection with any such dispute and including any claim involving us, our employees, contractors, officers, directors, and suppliers.
Arbitration. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us or our successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
To the fullest extent permitted by applicable law, you and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision.
Miscellaneous. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.
If you have any questions regarding this Agreement, please contact us at [email protected] or via telephone at (443) 593-4858.
EFFECTIVE DATE: May 17, 2021
Notice and Authorization Required for Electronic Disclosure of Protected Health Information
Urologic Physician Services, PC and Urologic LLC receive, maintain, and in some instances, disclose protected health information (PHI) of individuals in electronic format. To the extent your PHI is disclosed electronically by Urologic Physician Services, PC or Urologic LLC, this document serves to provide you notice of such disclosure in compliance with the requirements of the Texas Health and Safety Code, Section 181.154. Urologic Physician Services, PC and Urologic LLC will secure a separate authorization from you or your legally authorized representative prior to electronically disclosing PHI for any reason other than treatment, payment, healthcare operations, or as otherwise authorized or required by state or federal law.
If you have any comments or questions, please contact Urologic Physician Services, PC and Urologic LLC at [email protected] or via telephone at (443) 593-4858.
HIPAA 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 review it carefully.
Snippa Providers’ Commitment to your Privacy
Urologic Physician Services, PC d/b/a Snippa Providers (“SP”) is dedicated to maintaining the privacy of your protected health information (“PHI”). PHI is information about you that may be used to identify you (such as your name, social security number or address), and that relates to (a) your past, present or future physical or mental health or condition, (b) the provision of healthcare to you, or (c) your past, present, or future payment for the provision of healthcare. In conducting its business, SP will receive and create records containing your PHI. SP is required by law to maintain the privacy of your PHI and to provide you with notice of its legal duties and privacy practices with respect to your PHI.
SP must abide by the terms of this Notice while it is in effect. This current Notice takes effect on May 17, 2021 and will remain in effect until SP replaces it. SP reserves the right to change the terms of this Notice at any time, if the changes are in compliance with applicable law. If SP changes the terms of this Notice, the new terms will apply to all PHI that it maintains, including PHI that was created or received before such changes were made. If SP changes this Notice, it will post the new Notice on its website and will make the new Notice available upon request.
Uses and Disclosure of PHI
SP may use and disclose your PHI in the following ways:
The following categories describe unique circumstances in which SP may use or disclose your PHI:
Your Rights Regarding Your PHI
You have the following rights regarding the PHI maintained by SP:
We may disclose your health information with SP providers through the use of telehealth. Telehealth involves the use of electronic communications via live two-way audio and video that is intended to improve patient care through efficient medical evaluations and management. Telehealth interactions will be recorded and stored by SP.
We may disclose your health information in electronic communications, which are (a) in our patient portal, text messages, emails, or other electronic communications to you or in response to patient portal messages, text messages, emails, or electronic communications from you to us; and (b) statements or inquiries that you have posted on our patient portal, web page, Twitter page, Facebook page, Instagram, or other public domains. Please note that the transmission and/or storage of text messages, emails, social media postings, and other electronic communications may not be encrypted or secure. If you have a specific question regarding your medical condition, we encourage you to contact us directly to discuss.
SP is providing you with notice that your health information may be subject to electronic disclosure. SP may not electronically disclose your health information to any person without your authorization, which may be obtained electronically, in writing, or in oral form if it is documented by SP. However, such authorization is not required for an electronic disclosure of health information if the disclosure is made: (i) to another health care provider, health plan, or covered entity as defined under applicable state law for the purpose of: (a) treatment; (b) payment; (c) health care operations; or (d) performing an insurance or health maintenance organization function; or (ii) as otherwise authorized or required by state or federal law.