PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) FULLY AND
CAREFULLY BEFORE USING ANY OF THE SERVICES DESCRIBED HEREIN. BY
UTILIZING THE WEBSITE LOCATED AT www.roxiehealth.com, YOU ACKNOWLEDGE ROXIE HEALTH THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE. Roxie Health CANNOT AND WILL NOT GUARANTEE THAT ANY ONE OR ALL OF YOUR HEALTHCARE PROVIDERS WILL TRANSMIT ALL OR ANY PORTION OF YOUR MEDICAL RECORDS OR OTHER HEALTH INFORMATION. YOU SHOULD NOT
RELY EXCLUSIVELY ON THIS CONTENT TO ACCURATELY AND COMPLETELY
DESCRIBE YOUR PAST, PRESENT, OR FUTURE PHYSICAL OR MENTAL HEALTH OR CONDITION OR THE PROVISION OF HEALTH CARE TO YOU.
Probation means a 0-day period during which some or all Program Benefits may not be available; refer to Sections and herein User Benefits mean the benefits described here, which may be modified from time to time, at Roxie Health sole
Discretion User Qualifications mean the qualifications for membership described here, which may be modified from time to time, at Roxie Health sole discretion User shall mean an individual whose health or health-related information is
stored in a Subscriber’s Account and who accesses or uses the SiteAccount shall mean the data content including health and health-related information of a Subscriber and/or his or her family members that may be accessed, stored, used, and updated only by the Subscriber and/or his or her designeesActivation Date shall mean the date on which the Client is delivered an account number, login name, and password from Roxie Health to use the Hosted Programs
When you visit Roxie Health or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In the case of a Monthly Subscription, the Subscriber shall be entitled to access and use the Roxie Health Site for an Initial Term of one (1) month from the date of
Applicable Requirements shall mean this Agreement, and all applicable laws and
regulations governing this Agreement, including but not limited to HIPAA, HITECH, other federal and state laws and regulations governing the privacy and security of PHI (as defined below) and the Anti-Kickback Statute, the Federal Physician Self-Referral Laws and other federal and state laws and regulations governing this Agreement and other financial relationships involving Roxie Health and the Client and its
individual practitioners, all as amended from time to time. You represent and warrant that you are at least 18 years of age and that you possess the legal right to enter into this Agreement and to use the Roxie Health Site in accordance with this Agreement.
Roxie Health is an Internet-based online information and communication software service. By accessing or using Roxie Health, you agree to be bound by the terms and conditions of this agreement.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT
ACCESS OR USE. ROXIE HEALTH MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT
YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF Roxie Health SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
In General As a User of this Site you are expected to respect the security, integrity and privacy of the Site and its content, to use the Site solely for professional purposes, and to respect the privacy of the other Site users. You shall not use this Site in any way
which disrupts or interferes with the security of the Site, system resources, servers, networks, data, accounts, software or which may disrupt or interfere with another User’s system, server, network, data or account, including but not limited to uploading, posting or otherwise transmitting any viruses, Trojan horses, worms, time bombs, or any other malicious computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware, or transmitting any junk email, chain email, or other type of unsolicited mass email You shall not use or attempt to use another person’s password, create or use a false identity or otherwise impersonate another person and, if you have an authorized password, you shall maintain its security. You shall not attempt to access any secure or restricted areas of this Site.You have a right to a paper copy of this Notice of Privacy Practices at any time upon request.
Roxie Health PROVIDERS
All Treatment Providers available through the Services represent that they have degrees in the areas of medical practice, psychology, psychiatry, marriage and family therapy, clinical social work, or counseling. Roxie Health attempts to confirm the credentials of all Treatment Providers and to validate that they are in good standing with their respective licensure boards, However, Roxie Health is not responsible for credentialing Treatment Providers, makes no representation regarding the accuracy of Treatment Providers’ credentials, and expressly disclaims any liability for fraudulent credentials or claims by Treatment Providers. In addition, changes in your Treatment Provider’s professional status could occur between the time we perform an initial credential check and the time you select your Treatment Provider. We recommend that
you separately confirm that your Treatment Provider is in good standing with his or her respective licensing boards.
Roxie Health VERIFIES THE PRACTICE/CLINIC/HOSPITAL/EMPLOYER, AND THEY HAVE TO INDEPENDENTLY ADD THE SCHEDULER, NURSE PRACTITIONER, PRACTITIONER, AND ADMINISTRATOR. Roxie Health
PROVIDES A YEARLY AUDIT TO THE PRACTICE/CLINIC/HOSPITAL/EMPLOYER TO VERIFY THAT THE INDIVIDUAL IS STILL A MEMBER OF THE GROUP. IF AN INDIVIDUAL LEAVES THE GROUP, IT IS THE THE PRACTICE/CLINIC/HOSPITAL/EMPLOYER THAT IS RESPONSIBLE TO MAKE Roxie Health AWARE OF ANY AND ALL CHANGES.
Service Providers. We may employ third-party companies and individuals to process your payments, facilitate our Services, to provide the Services on our behalf, to perform Services-related services (including, without limitation, maintenance services, database management, web analytics and improvement of the Services’ features), or to assist us in analyzing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.When you confirm a booking your personal
information will be transferred to the relevant medical or health professional. Each of our health partners has to comply with the law with regard to their use of your personal
information. However, we are not responsible for the privacy practices of our health partners.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS, ANY DAMAGES TO EQUIPMENT, USE OR BUSINESS OR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Roxie Health shall not be liable to any Roxie Health Registered Privileged User if a Roxie Health employee or any other party acting on behalf of Roxie Health or acting on behalf of a Registered Privileged User accesses or updates the personal and/or business profile information of the Registered Privileged Users.Roxie Health or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Roxie Health products or marketing strategies might seem similar to ideas submitted to
Roxie Health. Please do not send your unsolicited ideas to Roxie Health or anyone at Roxie Health If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your
You agree that: (1) your ideas will automatically become the property of Roxie Health, without compensation to you and (2) Roxie Health can use the ideas for any purpose and in any way, even give them to others.
ANY IDEA YOU SUBMIT IS NOT CONFIDENTIAL OR PERSONAL HEALTH INFORMATION AND WILL NOT BE TREATED AS SUCH. Roxie Health AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE, EVEN IF Roxie Health HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT
LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANOTHER LINKED WEBSITE.
Roxie Health secures the personally identifiable information you provide on computer servers in a controlled secure environment that is protected from unauthorized access and use or disclosure. When personal information such as a credit card number is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer SSL protocol. Recognizing the global nature of the Internet, you agree to comply with all applicable laws regarding personal data and the transmission of technical data exported from the United States or the country in which you reside. You agree to indemnify and hold the Roxie Health owners and their subsidiaries, affiliates, officers, agents, and employees harmless from any claim or demand, including
reasonable attorney’s fees made by any third party due to or arising out of content you submit, post, transmit, or make available, directly or indirectly through or in connection with your use of Roxie Health, your violation of the Terms and Conditions or Rules of Conduct, or your violation of the rights of others.
Roxie Health subscribers may provide links to other World Wide Web sites or
resources because Roxie Health has no control over such sites and resources, you acknowledge and agree that neither Roxie Health nor the operators or others affiliated with Roxie Health are responsible for the availability of such external sites or
resources, endorse such sites or resources, or are responsible or liable for any advertising, products, services or other materials, content or information on or available from such sites or resources You further acknowledge and agree that neither Roxie Health nor any of the foregoing shall 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 or through any such site or resource.The Program has stringent security measures in place to protect both personal and professional information from misuse. There are no guarantees, however, that this site is impervious to “hackers” or those who seek to use information for illegal purposes. Roxie Health will not be held responsible for the illegal activities of others
related to the information found on this Website.
It may be necessary to disclose your health information to appropriate persons in order to prevent or lessen a serious and imminent threat to the health or safety of a particular person or to the general public. The content provided through this Site is offered in an effort to meet the needs of the Site users, users can be anyone with an interest in healthcare technology. Roxie Health makes every effort to ensure the accuracy of the content; however, before relying on any information accessed on the Site you should conduct an independent evaluation of the accuracy, appropriateness, completeness, and usefulness for your particular needs Roxie Health specifications are subject to change and Roxie Health reserves the rights to make changes, without notice, to the Site content Roxie Health makes no warranty or guaranty regarding any third-party content or links to other websites. It may be necessary to disclose your health
information to appropriate persons in order to prevent or lessen a serious and imminent threat to the health or safety of a particular person or to the general public. You have the right to inspect and copy your health information. You have a right to a paper copy of this Notice of Privacy Practices at any time upon request.
There is a 0-Day Money-Back guarantee on all practitioner, psychological, and counseling services. If you are not completely satisfied, please contact your healthcare provider for their terms and conditions relating to a refund for services. Roxie Health is not responsible or liable for refunds due to unsatisfactory practitioner sessions
incorporated by reference. When you use the Services, Roxie Health has access to,
and in many cases will monitor, your usage of the Services as you send and receive Content. By using the Services, you agree that Roxie Health may collect, use, and disclose information you provide during your use of the Services, as set forth in our
“HIPAA”, then the parties agree as follows: Unless otherwise defined in this Agreement, capitalized terms shall have the meanings set forth in HIPAA. Disclosure or Use of Protected Health Information “PHI”; Roxie Health shall use and/or disclose PHI
received from Subscriber or its authorized submitters only as permitted or required by Law. Roxie Health shall be entitled to disclose and use PHI received from Subscriber or its authorized submitters for the purpose of providing the Services or as otherwise directed or requested by Subscriber, for the proper management and administration of Roxie Health’s business, to carry out Roxie Health’s legal responsibilities, or as otherwise permitted or Required By Law. Without limiting the generality of the foregoing,
Roxie Health reserves the right at its sole discretion to disclose an Individual’s PHI in response to, and in accordance with, a valid authorization executed by the Individual that meets the requirements set forth in the Privacy Rule. Subscriber authorizes Roxie Health to aggregate and/or de-identify PHI created or received by Roxie Health on behalf of Subscriber, provided that the aggregation and/or de-identification conforms to the requirements of the Privacy Rule. The resulting information may be used and disclosed by Roxie Health to the extent permitted under applicable law, for consideration or otherwise.The member warrants that they will not misuse the website or services by scheduling an appointment with a Practitioner which the member has no intention of keeping.
AGENTS AND SUBCONTRACTORS
Roxie Health shall enter into an agreement with any of its subcontractors or agents that will have access to any PHI that is subject to a Business Associate Amendment, pursuant to which the agent or subcontractor agrees to be bound by the same
restrictions, terms, and conditions on the use of PHI that apply to Roxie Health
pursuant to the Business Associate Amendment. In addition, Roxie Health shall enter into an agreement with any of its subcontractors or agents to whom it provides Electronic PHI, pursuant to which the agent or subcontractor agrees to implement
reasonable and appropriate safeguards to protect the Electronic PHI.
Roxie Health hereby agrees to make its internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by Roxie Health on behalf of, the Subscriber reasonably available to the Secretary of the United States Department of Health and Human Services for purposes of determining Subscriber’s compliance with the Privacy Rule and/or the Security Rule.
Roxie Health’s services depend upon different factors such as: software, hardware and communications networks of Roxie Health, its contractors and suppliers. Hence, Roxie Health cannot guarantee that Roxie Health will not be interrupted, or that it will be timely, secure or error-free.
Roxie Health is required, by law, to maintain the privacy and confidentiality of your protected health information and to provide patients with notice of our legal duties and privacy practices with respect to your protected health information. The member
warrants that they will not misuse the website or services by scheduling an appointment with a Practitioner which the member has no intention of keeping.
We may employ third-party companies and individuals to process your payments, facilitate our Services, to provide the Services on our behalf, to perform Services-related services (including, without limitation, maintenance services, database management,
web analytics and improvement of the Services’ features), or to assist us in analyzing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
The member warrants that they will not misuse the website or services by scheduling an appointment with a Practitioner which the member has no intention of keeping.
We may disclose your health information to notify or assist in notifying a family member, or another person responsible for your care about your medical condition or in the event of an emergency or of your death.
We may disclose your health information to a law enforcement official for purposes such as identifying or locating a suspect, fugitive, material witness or missing person, complying with a court order or subpoena, and other law enforcement purposes.
We may disclose your health information to coroners or medical examiners.
The Program has stringent security measures in place to protect both personal and professional information from misuse. There are no guarantees, however, that this site is impervious to “hackers” or those who seek to use information for illegal purposes.
Roxie Health will not be held responsible for the illegal activities of others related to the information found on this Website.
Any suspension, termination, or cancellation will not affect your obligations to Roxie Health under these Terms which by their nature are intended to survive such suspension, termination, or cancellation For example, but not by way of limitation, upon any such suspension, termination, or cancellation the provisions of Section, Ownership of Intellectual Property Rights, Section Third Party Websites; Interest-Based and Other Advertisements, Section Disclaimer of Warranties, Section Indemnification, Section Limitation of Liability, Section General Terms, Section Arbitration and Section Governing Law and Forum for Disputes shall survive and remain in full force and effect, but the provisions of Section Your License to Use the Services shall be suspended, terminated or cancelled, as the case may be.
JUDICIAL AND ADMINISTRATIVE PROCEEDINGS
We may disclose your health information in the course of any administrative or judicial proceeding.OUR HEALTH PARTNERS AND LINKS TO OTHER THIRD PARTIESWhen
you confirm a booking your personal information will be transferred to the relevant
medical or health professional. Each of our health partners has to comply with the law with regard to their use of your personal information. However, we are not responsible for the privacy practices of our health partners.
USE OF THE SERVICES BY CHILDREN
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Roxie Health does not control
or endorse the content, messages or information found in any Communication Service and, therefore, Roxie Health specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Roxie Health
spokespersons, and their views do not necessarily reflect those of Roxie Health.As a user of the Service, You agree to carefully read and abide by the Agreement, including any user rules of conduct as specified below. You must be over 18 to access and use Our Site and Services. If You are over 18, You agree to take full and active responsibility to prevent the use of Our Site and Services by any children under 18 You may be
responsible for as a parent or legal guardian. If You are under 18, You may not access and use the Site and Services without Your parent’s or legal guardian’s supervision.Notice To/Regarding Children Under the Age of 13: We do not knowingly collect any personal information from children under 13. If we discover that a child under the age of 13 has provided us with personally identifying information, we will take steps to delete the information as soon as possible. You agree to be financially responsible for the use of the Roxie Health Site and for use of your Account by others, including
minors for whom you have responsibility and/or who are living with you and for other
immediate family members living with you. The kinds of personal information collected from children (for example, name, address, email address, hobbies, etc.) and how the
information is collected — directly from the child or passively, say, through cookies. The parent has the option to agree to the collection and use of the child’s information without consenting to the disclosure of the information to third parties. That the parent can
We welcome Your comments on Our Web site and services; please contact us. In doing so You acknowledge, however, that if You send Us comments, praise, creative suggestions, ideas, notes, drawings, concepts, inventions or other information
(collectively, but excluding personally-identifying information about You, the
“Information”), through either our Web site, you grant to Us a non-exclusive, perpetual, royalty-free, freely transferable license to use, practice, exploit, modify and sub-license such Information for any purpose whatsoever, commercial or otherwise, throughout the universe. By submitting any Information to us, You acknowledge that you, not Roxie Health, have full responsibility for such Information, including its accuracy, legality,
reliability, appropriateness, originality, and copyright. Please note that any communication or other materials that You post to Our Web Site or transmit to Us over the Internet is considered to be, and will be treated as, non-confidential, unless the Web page through which information is submitted expressly states otherwise. For more
Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); you will not
impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provide by you; you will not collect or harvest any information about other users; you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the site editor’s prior written consent; you will not provide any content that may give rise to the site editor being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including – but not limited to – laws relating to copyrights, trademarks, patents, or trade secrets.Under the Services, health advice and services are provided exclusively by Treatment Providers. Roxie Health supports
Treatment Providers by providing them with a license to our Roxie Health intellectual property rights, including our patent pending inventions, trade secrets, copyrights, trademarks, service marks, trade dress and proprietary and confidential information, access to Roxie Health’s technology platform, and administrative services. However, under the Services, exclusive control and responsibility for the practice of medicine and delivery of mental health services is reserved to Treatment Providers.You agree to
indemnify, defend, protect, release, and hold Roxie Health, its officers, directors, employees, agents, and its affiliates, Information Providers, and Suppliers and their respective officers, directors, agents, and employees harmless from and against any
and all losses, expenses, damages to persons or property, injuries or deaths of persons, liability, claims, liens, demands, and causes of action, including claims of infringement of copyright, trademark, or other intellectual property rights, and including the amounts of
judgments, penalties, interest, court costs, and legal fees including reasonable attorney’s fees incurred by Roxie Health, its affiliates or their respective officers, agents, and employees in defense of same (“Claims”) arising in favor of any person,
corporation, or other entity, including the parties hereto and their employees, contractors, and agents in connection with, arising out of, or in any way incident to this Agreement or any activity related to Your Account or Your use of the Roxie Health Site. You understand and agree that such indemnity shall apply regardless of whether the Claims arise in whole or in part from the actual or alleged sole, comparative, concurrent, active, passive, contributory or gross negligence of Roxie Health, its affiliates and their respective officers, directors, agents, and employees or by you or any other person accessing and/or using the Site and/or your Account.Roxie Health hereby grants to the Subscriber the right to access, view, and use the Site, subject to the terms and conditions of this Agreement. Roxie Health reserves the right to add new features to the Site and remove current features from the Site without notice. The Subscriber and/or a User may download and/or print a copy of the information stored in their respective Accounts from the Site for personal use only and, when appropriate, in a manner consistent with (Copyright) herein.The Termination of this Agreement shall not affect any provision of this Agreement which, by its wording or its nature, is intended to
remain effective and to continue to operate in the event of termination of this Agreement, and shall not prejudice or affect the rights of any party against another in respect of any breach of the terms and conditions of this Agreement. Notwithstanding the foregoing, the provisions of (Copyright), (Indemnification), (Waiver, Release and Limitation of Liability), and (Miscellaneous) shall survive Termination of this Agreement.Either you or Roxie Health may terminate your right to use the Roxie Health Web Site at any time, with or without cause, upon notice. In addition, Roxie Health
may withdraw, suspend or discontinue any functionality or feature of the Roxie Health Web Site; provided, however, that if your agreement with Roxie Health provides for the continued use of any functionality or feature, Roxie Health will continue to provide that respective functionality or feature to you subject to the provisions of such agreement. The provisions concerning Copyrights, Indemnification, Waiver, Release and Limitation of Liability, and General shall survive any termination of this Agreement.
For any Software not accompanied by a License Agreement, Roxie Health hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Roxie Health Web Site in accordance with this Agreement, and for no other purpose provided that you keep intact all copyright and other proprietary notices. No other license is granted. You shall not modify, alter, decompile, reverse engineer or otherwise change Software, except to the extent as
permitted by applicable law without the possibility of contractual waiver. All Software is protected by copyright laws and international treaty provisions. Any reproduction or
redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF
THE LICENSE AGREEMENT.You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export
You agree not to access or use the Roxie Health in an unlawful way or for any unlawful purpose. You agree not to post or transmit: a message under a false name; or any information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of Roxie Health or any of its affiliates. Roxie Health reserves the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other
intellectual property or ownership right of any other person.
Roxie Health makes no representations whatsoever about any other web site which you may access through the Roxie Health Web Sites. When you access a non-Roxie Health Web Site, even one that may contain the Roxie Health-logo or other Roxie Health trademark, service mark or trade name, please understand that it is
independent from Roxie Health, and that Roxie Health has no control over the content on that web site. Additionally, the Roxie Health Web Sites may contain links to other web sites (“Linked Sites”). The Linked Sites may not be under the control of Roxie Health and Roxie Health is not responsible for the contents of any Linked Site not under Roxie Health control, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Roxie Health is not responsible for any form of transmission received from any Linked Site. Roxie Health makes no
warranties or representations of any kind as to the accuracy, currency, or completeness
of any information contained in such Linked Sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Roxie Health is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Roxie Health of the site or any association with its operators. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Roxie Health, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES
WHATSOEVER FOR ANY USE OF THE LINKED SITES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGESABUSE AND MISUSEAny abuse or threatened abuse of other users of the Service or of Company personnel will result in immediate account termination. Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in Roxie Health’s sole discretion, is illegal, offensive, libelous, defamatory,
infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity,
intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person’s consent. Do not “stalk”, intimidate, abuse, harm or harass another Portal user or person.It is the responsibility of each Subscriber to take all reasonable steps to ensure that no unauthorized person shall have access to the Subscribers User ID and Password. It is each Subscribers sole responsibility to control the dissemination and use of the Subscribers User ID and Password, authorize, monitor and control access to and use of the Subscribers Account, and promptly inform Roxie Health of any need to deactivate or change the Subscribers User ID and/or Password. Roxie Health cannot and will not assume any responsibility or liability for any information submitted to a Subscribers Account or any information that is used or misused whether submitted, used, or misused by the Subscriber; Users on the Subscribers Account; the Subscribers designee; healthcare providers; other healthcare organizations; or other third parties,
whether or not acting on the Subscribers behalf.The information we receive from or
about you is stored on systems designed to prevent the loss, misuse, unauthorized access, disclosure, alteration or destruction of that information. We also encrypt your transmission of sensitive information to us (e.g., account passwords) in the interest of heightened privacy protection and information integrity. We are able to assist you better through the information you provide to us when using our services.You agree to defend, indemnify, and hold harmless Roxie Health and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys’ fees and costs, that arise from your use, misuse of this site or use of any software application associated with the use of this Web site.Prior to gaining access to certain Services on the Site, Roxie Health may require you to set up a user name and password (“Password(s)”) as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by Roxie Health from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you.
Passwords are subject to cancellation or suspension by Roxie Health at any time,
including upon the misuse of the account or breach of these Terms. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform Roxie Health immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.Roxie Health shall have the right immediately to terminate this agreement with you and your use of the Web site if it determines in its sole discretion that you have breached any of these Legal Terms and Conditions or otherwise been engaged in conduct which Roxie Health determines in its sole discretion to be unacceptable.You agree to promptly pay all fees to Roxie Health for Services, and you authorize us to automatically deduct all applicable to Roxie Health and fees from the payment account(s) you designate in your Roxie Health user profile. Any “linked” payment processing accounts with third parties (such as PayPal or Authorize.net) will appear in your user profile on the Site, and you will be able to view at least certain summary information for all such linked payment accounts. You agree to be responsible for any telephone charges to Roxie Health and/or Internet service fees you incur in accessing your account(s) through the Services.You agree that no joint venture, partnership, employment, or a Roxie Health
relationship exists between you and Roxie Health as a result of this Agreement or use of the Roxie Health Web Site. Roxie Health’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Roxie Health’s right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Roxie Health Web Site or information provided to or gathered by Roxie Health with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Roxie Health with respect to the Roxie Health Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Roxie Health with respect to the Roxie Health Web Site. 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 Roxie Health generated and
maintained in printed form.You also understand that We may not necessarily prescreen or monitor Site Content, but reserve the right, in Our sole discretion, to refuse or remove any such content available via the Service for any reason at any time and with no explanation. We reserve the right to modify, reject or eliminate any information residing on or transmitted to Our Site that We, in Our sole discretion, believe is unacceptable or
in violation of the Agreement.The parties to this Agreement agree that any claim, controversy, or dispute arising out of any viewing or use of Roxie Health shall first be subject to mediation between the parties; in addition, such mediation will be conducted in accordance within the rules and procedures of the American Arbitration Association, the American Health Lawyers Association Alternative Dispute Resolution Service, or such other third party dispute resolution mechanism as the parties hereto agree. In the event the dispute is not resolved by mediation, the parties agree that any such unresolved dispute shall be subject to binding arbitration under the rules and procedures of the American Arbitration Association, the American Health Lawyers Association Alternative Dispute Resolution Service, or such other third party dispute
resolution mechanism as the parties hereto agree, and that they are waiving their right to a jury or court trial. However, the arbitrator(s) of such dispute may not be individuals who previously served as the mediator of the dispute. The costs of mediation shall be split equally by the parties. The costs of arbitration shall be subject to an order of the panel of arbitrators. The prevailing party shall be entitled to an order awarding it all
reasonable costs and attorneys’ fees incurred by reason of the dispute, including the
costs of any expert witnesses or consultants.You further agree that your registration for any forums, discussion groups, and services in Roxie Health is true and correct, and that if any information in your registration changes in Roxie Health, you will correct your registration immediately, you will not allow another person to have access to any forums, discussion groups, and services in Roxie Health under your registration, you will not impersonate any other person or entity in any forums, discussion groups, and services in Roxie Health, you will not post any communications or materials that you know or reasonably should know is false, you will not mislead others about your identity, education, credentials, knowledge Roxie Health or experience, and that you will not collect any information whatsoever about other users of Roxie Health. You further understand and agree to comply with the responsibilities and obligations as set forth in this Agreement, and you understand and agree that failing to comply with any of the foregoing limitations or obligations may result in civil or criminal liability.Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Roxie Health. Roxie Health cannot and does not screen content provided by you to Roxie Health. Notwithstanding the foregoing, Roxie Health reserves the right to monitor content on Roxie Health and to remove content, which Roxie Health, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or Roxie Health’s operating policies for users of Roxie Health (“Users”).Words used in this agreement in the present tense include the future as well as the present; words used in the masculine include the feminine and neuter; the singular number includes the plural and the plural the singular; the word
“person” includes a corporation as well as a natural person; signature or subscription includes mark.You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.You agree that all
information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used.You agree that this web site may expose you to content that may be objectionable or offensive. The site editor will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.You agree that the information that you provide to us at all times, including during registration and in any information you upload to your Roxie Health online profile maintained by or through the Services will be true, accurate, current, and complete. This information includes, but is not limited to, name, address, phone
numbers, e-mail addresses, payment information, and account numbers. Changes can be made in the “client area” of the Site. Each time you log in to our Services, we will
remind you to update your information, but you are solely responsible for the accuracy and completeness of your information. By using the Services, you are consenting to truthfully completing questions to the best of your knowledge and ability. By creating an Account, you expressly consent to the use of: (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services. Roxie Health cannot and will not be liable for any loss or damages arising from your failure to comply with the above requirements.Note to Customers & Other
Contract Partners: Your obligations under this provision specifically include Your agreement not to permit any person or entity who is not a customer or an employee of a customer of Roxie Health to have access to any section of the Roxie Health Site that We reserve for our customers using Your password, user name, or other access credentials, except as Your agreements(s) with Roxie Health may expressly permit;
The English language is Roxie Health’S version of these Terms and Conditions shall prevail over any translations of them. Roxie Health’s standard terms and conditions of sale shall govern any purchase of, or redemption of credits for usage by You and Roxie Health and shall prevail over any other agreements unless in writing and signed by an authorized representative of Roxie Health.This Agreement will be automatically
renewed for a Renewal Term of an additional one (1) month in the case of a Monthly Subscription at the end of the Initial Term and at the end of each automatic Renewal Term thereafter, unless this Agreement is terminated.
LIMITATIONS, LIABILITY, AND ACTIONS EXCEPT AS AND TO THE EXTENT THAT Roxie Health’S EXECUTED AGREEMENT(S) WITH YOU, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, IN NO EVENT SHALL COMPANY OR ANY OF COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OF YOUR AFFILIATED PRACTICES FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES , INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST DATA OR LOST OPPORTUNITIES, IN ANY WAY RELATING TO THESE TERMS AND CONDITIONS OR RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE Roxie Health SITE OR ANY BREACH OF SECURITY, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES
OCCURRING, AND WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGECNCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE.No
action, regardless of form, relating to this Agreement, may be brought by either party
more than one year after the cause of action has accrued, except that an action for non- payment may be brought by Roxie Health not later than one year following the date of the last payment due to Roxie Health. In the event of litigation concerning this Agreement, if a court of competent jurisdiction determines in a final, non-appealable order that a party has breached this Agreement, then such party shall be liable for and pay to the non-breaching party, the reasonable legal fees and court costs such non- breaching party has incurred in connection with such litigation, including any appeal there from or review thereof.
If you are a Roxie Health Customer or have another contractual relationship with Roxie Health, you may have access to secure areas of the Site through a login and authorized password. You will be prompted to supply certain information prior to entering any secure area to authenticate your authorization to enter a secure area.
Access to secure areas is governed by these Terms and Conditions and the terms and conditions of your license or services agreement and Business Associate’s Agreement with Roxie Health (“Agreement”). In the event of a conflict in terms, the terms of the Agreement shall govern. The Secure areas contain Confidential and Proprietary
information of Roxie Health and you shall maintain the confidentiality of that
information accessed through a secure area in accordance with the Confidentiality provision of the Agreement. You agree that any unauthorized access by you, or by another person using your password, may result in breach of the Agreement and possible violation of state and federal laws of the United States.
Client’s rights to use the Hosted Programs and Services shall remain in effect for the Initial Term set forth in the Subscription Agreement. Thereafter, unless otherwise provided in the Subscription Agreement, the term shall automatically renew for additional terms as set forth in the Subscription Agreement at then-current prices unless either party gives thirty (30) days advance written notice prior to the end of the then- current term of its intention to terminate the Agreement, or until otherwise terminated as provided herein. The termination of these Terms for any reason will not terminate the obligations or liabilities of the parties under these Terms regarding warranties, liabilities, proprietary rights and all others that by their sense and context are intended to survive the execution, delivery, performance, termination and expiration of the Agreement.The terms and conditions contained within this document for Roxie Health apply. Roxie Health
generally grants access to and use of this Web site and our products and services. Some of these terms and conditions may be modified or superseded by expressly designated legal notices located on Roxie Health’s Web site or by the terms and conditions of the licenses or other agreements pursuant to which you obtain our services.Notwithstanding the notice required by Roxie Health, Roxie Health reserves the right to terminate this Agreement immediately in the event of Client’s failure to pay amounts owing under this Agreement in accordance with the following protocols: Upon Client’s failure to make timely payment, Roxie Health may notify the Client that Roxie Health is triggering its rights. If the Client does not pay in full all past due amounts
within ten (10) days, Roxie Health shall have the right to limit Client’s access to the Hosted Programs and the other Services, determined in the sole discretion of Roxie Health, and in such event, Roxie Health may deactivate all other accounts of any User. Failure to exercise such right or any delay in the exercise of such right shall not affect Roxie Health’s other rights or otherwise available to Roxie Health. If payment is not received within twenty (20) days thereafter, Roxie Health reserves the right to terminate this Agreement without further advance notice to Client. In any event, Roxie Health shall have the right to withhold any and all Client Data, including billing or claim data, until all past amounts are paid in full.We may immediately, at any time and in Our sole discretion, (1) terminate or limit Your use of or access to the Service, or any part thereof, or (2) remove and discard any Site Content within the Service, for any reason,
including without limitation, Your lack of use, Your breach of any terms and conditions hereunder, or if We believe You have violated or acted inconsistently with the letter or spirit of the Agreement. We may change Roxie Health, suspend or discontinue any aspect of the Site or Service, or any part thereof, or impose any limits on any feature or service, including the availability of any Site feature, database, or Site Content for any reason, at any time, and without notice. You agree that We will not be liable in any way to You or to any third party for any actions We take as described herein or otherwise.
Access to and use of password protected and/or secure areas of the Web Site are
restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site, or individuals/users attempting to access areas of the Web Site that they do not have rights of access to, may be subject to prosecution. You agree that you will not use the Web Site in furtherance of or with intent to commit any fraudulent or other illegal activities, or otherwise in violation of any applicable law, regulation, legal agreement or Roxie Health’s published policies; or in a manner that is abusive of Roxie Health’s programs or other information on the Web Site.
Roxie Health reserves the right to amend this Agreement from time to time without notice. Such Amendment shall be effective immediately upon either posting the Amendment or this Agreement as amended. A Subscriber’s or User’s continued access to or use of the Roxie Health Site shall be deemed the Subscriber’s conclusive acceptance of any and all Amendments and the most current amended Agreement.
Roxie Health and you and your company hereby acknowledge and agree that businesses, medical providers and practices such as yours have obligations and
liabilities under U.S. federal and state statutes, regulations and common laws that will be directly impacted by your choice of and acquisition of an Electronic Record and/or Medical Billing product, system or service. By way of example and not limitation, your fulfillment of your obligations under HIPAA will be directly affected by the Electronic
Record product, system or service that you use and your obligations under Medicare will be directly affected by the Billing product, system or service that you use. Roxie Health, you and your company hereby acknowledge and agree that it is your
responsibility and not Roxie Health’s responsibility to perform a due diligence
investigation of any Electronic Medical System and/or Medical Billing product, and/or other system or service prior to acquisition to determine the efficacy and appropriateness of the same to you, your business, and/or medical practice. Roxie Health does not practice medicine, and shall not be responsible for the medical outcome of any of your patients, under any circumstances.HIPAA shall mean Health Insurance Portability and Accountability Act of 1996 and those regulations promulgated thereunder, all of which may be amended from time to time.Protected Health Information or “PHI” shall mean that Individually Identifiable Health Information, in addition to other personal information (e.g., Social Security Number, etc.) which may be specially protected under applicable state law(s), all of which is created or received by the Practice in its capacity as a Covered Entity, with all such capitalized terms defined by HIPAA.
Roxie Health CANNOT AND WILL NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST
CONTAMINATING OR DESTRUCTIVE PROPERTIES YOU UNDERSTAND AND AGREE THAT INFORMATION COMMUNICATED TO OR OTHERWISE ENTERED IN THE Roxie Health SITE WILL BE COMMUNICATED OVER LOCAL EXCHANGE,
INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE
CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF
WHICH ARE BEYOND THE CONTROL OF Roxie Health. Roxie Health CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR OR RELATED TO THE DELAY, FAILURE, INTERRUPTION, INTERCEPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION COMMUNICATED TO OR ENTERED IN THE Roxie Health SITE. Roxie Health DOES NOT MAKE ANY EXPRESSED OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, INCLUDING ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE, WITH REGARD TO ANY INFORMATION PROVIDED BY OR THROUGH
ROXIEHEALTH.COM, EXCEPT AS OTHERWISE SPECIFIED BY Roxie Health.COM. ROXIEHEALTH.COM DOES NOT WARRANT THE ACCURACY, TIMELINESS OR
USEFULNESS OF ANY INFORMATION PROVIDED BY OR THROUGH ROXIEHEALTH.COM.
EXCEPT AS AND TO THE EXTENT THAT ROXIEHEALTH’S EXECUTED AGREEMENT(S) WITH YOU, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, THE Roxie Health SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” EXCEPT AS AND TO THE EXTENT THAT ROXIEHEALTH’S EXECUTED AGREEMENT(S) WITH YOU, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE,
COMPANY DOES NOT WARRANT THAT THE Roxie Health SITE WILL PERFORM AS YOU EXPECT OR WITHOUT INTERRUPTION, THAT IT WILL MEET YOUR
NEEDS, BE SECURE, THAT THE CONTENT POSTED ON TO THE SITE WILL BE
CURRENT, ACCURATE, OR FREE FROM ERRORS, VIRUSES, OTHER MALICIOUS OR HARMFUL CODE, OR OTHER DEFECTS, THAT YOUR USE OF THE Roxie Health SITE WILL NOT RESULT IN THE LOSS OF, OR DAMAGE TO YOUR INFORMATION, THAT INFORMATION YOU POST TO THE Roxie Health SITE CAN OR WILL BE DISPLAYED ACCURATELY, COMPLETELY OR AT ALL, OR THAT THE Roxie Health SITE WILL NOT ALTER OR DAMAGE YOUR SYSTEM. EXCEPT AS AND TO THE EXTENT THAT ROXIEHEALTH’S EXECUTED AGREEMENT(S) WITH YOU, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE Roxie Health SITE, ANY FUNCTIONALITY, CONTENT OR OTHER INFORMATION MADE
AVAILABLE TO YOU ON OR THROUGH THE Roxie Health SITE, AND INFORMATION THAT YOU CHOOSE TO POST TO THE Roxie Health SITE WEB SITE, OR ANY SYSTEM YOU MAY USE TO DO SO, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU
ACKNOWLEDGE Roxie Health AND AGREE THAT YOUR DECISION TO USE THE Roxie Health SITE WITH RESPECT TO ANY INFORMATION IS YOUR SOLE
RESPONSIBILITY AND THAT ANY AND ALL USES OF THE Roxie Health SITE YOU
MAY MAKE ARE, AND SHALL BE, AT YOUR SOLE RISK. While Roxie Health takes reasonable care and skill to provide information which is accurate and up to date when first included on the Web site, typographical and other errors may nevertheless occur Roxie Health does not undertake to update or correct such information and reserves
the right to modify, delete and rearrange any or all of the contents of this Web site at any time without notice to you. While Roxie Health makes reasonable efforts to prevent unauthorized tampering with the Web site, Roxie Health does not guarantee that its efforts will always be successful. Therefore, as set below, Roxie Health does not
warranty that the Web site materials will be error-free, and disclaims any liability for such errors.Roxie Health reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without
Roxie Health CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR ANY OF THE CONTENT ON THE SITE RELIANCE ON ANY INFORMATION PRESENTED ON THE SITE IS AT THE USER’S OWN RISK Roxie Health RESERVES THE RIGHT TO
CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SITE FROM TIME
TO TIME WITHOUT NOTICETO THE FULL EXTENT PERMISSIBLE UNDER FEDERAL, STATE AND LOCAL LAW, Roxie Health, LLC DISCLAIMS ALL
WARRANTIES Roxie Health, LLC IS NOT RESPONSBLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY INJURY, LOSS, CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM THE USE OF
THIS WEBSITE OR THE USE OF ANY ELECTRONIC MEDICAL RECORD AND/OR MEDICAL BILLING PRODUCT, AND/OR OTHER SYSTEMS OR SERVICE
INTRODUCED BY THIS WEBSITE.Any notice which is given under these Terms or a Contract will be given either by Electronic Communication (which, if the notice is given by us, includes by posting notices on our Website), or if by you, by pre-paid recorded delivery, addressed to us at the address in these Terms (see section 1 above) and, if by
us, by first class post addressed to you at the address on your Order. Legal proceedings must be served by first class post or pre-paid recorded delivery only and, if to us, addressed to our Legal Team.Any unauthorized downloading, re-transmission, or other copying or modification of Trade-marks or other contents of this Website may be a violation of statutory or common law rights which could subject the violator to legal action. If you supply any comments, information, or material via the Site, you represent and warrant to us that you have the legal right to supply such material and that it will not violate any law or the rights of any person or entity. Except for any individually
identifiable health information you submit to us, all information or material you supply to us through the Site shall be deemed and shall remain our property, and you hereby assign to Roxie Health all right, title, and interest in and to any such information or
material, without any restriction or obligation to you.In order to access certain features of the Services you will be required to become a registered user of the Services by creating a Roxie Health account (“Account”). To create an Account, you must be of
legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. When you register, you will be asked to choose a user name and a password. You are responsible for safeguarding and
maintaining the confidentiality of your password and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account (for example, your password has been lost or stolen, someone has attempted to use the Services under your user name
without your consent or your Account has been accessed without your permission). We
strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your password through your web browser or other
software.The content on this web site is intended to be general information resource in regard to the subject matter covered. Roxie Health does not directly or indirectly
practice medicine, render medical advice, or dispense medical services via the web site, and nothing contained in this web site is intended to be instruction for medical diagnosis or treatment. Any information provided should not be considered complete, nor should it be relied on to suggest a course of action for any particular individual or entity.
Information received from this web site should not be relied upon for personal, medical, legal, technical, or financial decisions. It should not be used in place of a visit, call, consultation or the advice of a physician, accountant, banker, lawyer, medical coder or other qualified expert.Roxie Health is continually evolving and innovating. We may change our Services, our Site, the Content we offer, and the products or services you may access at any time. We may discontinue offering our Services or Site and we may suspend or terminate your right to use our Services or Site at any time, in the event that you breach these Terms, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you. After such termination, Roxie Health will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Treatment Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.Roxie Health reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Roxie Health’s sole discretion.
Roxie Health is not responsible or liable for the availability or accuracy of, and Roxie Health does not endorse, sponsor, or recommend such websites, resources, or third- party advertisements or the content, products, or services on or available from such
websites, resources, or third-party advertisements When we make available such third- party links, resources, and advertisements on the Site or through the Services, you
must look solely to the third party with respect to the content, products, or services they provide We do not endorse and are not responsible for any of the content, products, or services provided or advertised by others.YOUR USE OF THE WEBSITES OR
RESOURCES OF THIRD PARTIES IS AT YOUR OWN RISK Roxie Health AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY OF YOUR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITES OR RESOURCES OF THIRD PARTIES.
Do not post or transmit any messages through Roxie Health or information that is harmful, threatening, abusive or hateful Roxie Health reserves the right to take such action as it deems appropriate in cases where the Roxie Health Site is used to disseminate statements that are deeply and widely offensive and/or harmfulFlaming and insults are prohibited Do not post content that is offensive, libelous, indecent, unlawful, harassing, defamatory, abusive, intimidating, threatening, harmful, obscene, vulgar, profane, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context, this or otherwise objectionable material is not acceptable.The forums are not to be used for any commercial purpose. Do not post any advertising or commercial content whatsoever Do not post any content that involves the transmission of “junk
mail,” “chain letters,” or unsolicited mass mailing or “spamming” Please don’t re-submit your contribution to more than one discussion.By posting, uploading, inputting, providing or submitting your Materials you warrant and represent that you own or otherwise control all of the rights to your Materials as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input or submit the MaterialsIf you submit or share offensive or inappropriate content to or with any Roxie Health communities or anywhere else on a Roxie Health web site or otherwise engaging Roxie Health in any disruptive behavior, and Roxie Health considers such behavior to be serious and/or repeated, Roxie Health may use whatever information that is available to it about you to stop any further such infringement. This may include
informing relevant third parties such as law enforcement, your employer, school, internet or email provider about the infringements. If you use a message board, blog, journal or any other method of posting user-Roxie Health generated content on our Site or through the Service, you should be aware that such information can be read, collected or used by others and could be used to send you unsolicited messages We are not
responsible for the personal information you choose to submit in these areas.Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Roxie Health public message boards, this information may be collected and used by others Note: Roxie Health does not read any of your private online communications.All accounts must be registered with a valid personal email address that you access regularly so that Roxie Health can contact you. Accounts
registered with someone else’s email address, or with temporary email addresses may be closed without notice We may require users to re-validate their account.
EMR PERSONAL HEALTH RECORD
Roxie Health has complete and sole discretion over the operation of the Site. Roxie Health
information will be provided to third parties, unless otherwise specified, Roxie Health uses the personal information provided by the User in order to provide the User with our Services. We may also use that information to notify the User about our new products, services, updates and other Roxie Health information we think the User may find
interesting. We are very conscious of the User’s right to privacy regarding the
information the User supplies to Roxie Health At RoxieHealth.Com, our policy is to use the information to better service the User. Your Roxie Health Electronic Health
Record is created to store your personal health information online, including health conditions, allergies and medications. Any information provided as part of a teleconsultation becomes part of your Roxie Health Record. You agree to provide accurate information for your Roxie Health Record, to periodically review such
information, and to update such information as needed. For additional information