February 2008
The iHealth Alliance is a not-for-profit organization that governs and controls the HCNN. The iHealth Alliance provides access to the Health Care Notification Network (HCNN) through Medem, Inc. subject to compliance with terms and conditions set forth below. BY ACCESSING THIS SERVICE THROUGH MEDEM, YOU AGREE TO BE BOUND BY THE PROVISION OF SUCH TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE HCNN.
Your trust is our greatest asset. The iHealth Alliance has established policies and procedures to protect the contact information that you provide. Your contact information will only be used for patient safety notifications.
While our philosophy will not change, the details of these terms of service may change over time to improve the service for physicians. Please refer back to this page periodically. The date this policy was last revised will always appear at the top of the policy pages.
If you have any questions about this Terms of Service Agreement or our practices, please contact us at info@hcnn.net or by phone, toll-free, at 1-866-925-5155 within the United States.
This Policy applies only to use of the HCNN.
5.1 The iHealth Alliance sets policy for and oversees the operation of the HCNN.
5.2 The iHealth Alliance partners with Medem, Inc. for development and operation of the HCNN.
5.3 Medem is contractually obligated to abide by the privacy and information use policies as established by the iHealth Alliance.
5.4 You are free to opt out of the HCNN at any time.
5.5 There is no cost to you to be enrolled in the HCNN.
6.1 The iHealth Alliance and its partners will use your email address to provide you with patient safety notifications and regular updates on this service.
6.2 Your contact information will not be disclosed to any third parties for any purposes other than required for the technical operations of the HCNN to deliver FDA-mandated product safety Alerts to you.
6.3 In conjunction with regulatory requirements and operating the HCNN, aggregate reports on utilization will be developed and may be shared with third parties. At no time will these reports contain any information that would identify you.
7.1 Alerts sent to registered physicians via the HCNN are contractually limited to FDA-mandated patient safety Alerts. Any other Alerts sent via the HCNN require the explicit permission of the iHealth Alliance.
7.2 To register for HCNN notifications, you must be a licensed physician in the United States. You can designate other non-physician members of your practice to receive notifications as well, but you as the physician are the primary account holder.
7.3 Please provide an email address that you and those you designate to receive notifications will access regularly. HCNN notifications not opened within 48 hours of receipt will be followed up by mail-based notification.
7.4 You will be asked to create a password upon email acknowledgement of your registration on the HCNN. This password is for you to use to access notifications and other information and services available on HCNN at times other than when you receive a notification.
7.5 HCNN notifications will be stored for twelve months. All notifications, whether in the general notification folder or a folder you have set up to store notifications on the network, will be purged every twelve months.
7.6 You are responsible for reviewing any patient-facing information provided by HCNN prior to sending it out to your patients, to confirm that the content of the message is appropriate for your patients.
7.7 It is important for you to keep your email address and contact information current on the HCNN. The HCNN network will send you regular reminders to help ensure that your information remains current.
YOU AGREE THAT YOUR USE OF THE HCNN SERVICE IS ENTIRELY AT YOUR OWN RISK. THE HCNN SERVICE IS PROVIDED “AS AVAILABLE” AND "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT ANY SERVICE RENDERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. THE HCNN IS NOT SUBJECT TO ANY WARRANTIES, AND THE IHEALTH ALLIANCE AND MEDEM DISCLAIM ANY AND ALL WARRANTIES WHICH MAY BE DEEMED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY OF THE HCNN; 2) ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; AND 3) WITH RESPECT TO INFORMATION, SERVICES OR PRODUCTS ACCESSIBLE THROUGH OR IN CONNECTION WITH THE HCNN, THAT THEY ARE FREE FROM COMPUTER VIRUS STRAINS. THE IHEALTH ALLIANCE AND MEDEM HEREBY DISCLAIM ANY LIABILITY TO THE USERS OF THE HCNN FOR ANY BREACH OF ANY ALLEGED WARRANTY, EVEN IF THE IHEALTH ALLIANCE AND MEDEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH BREACH AND POTENTIAL FOR DAMAGES.
THE IHEALTH ALLIANCE AND MEDEM HEREBY DISCLAIM ANY LIABILITY TO YOU OR THE USERS OF THE HCNN FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE HCNN, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD OR OF ANY COMPUTER OR COMMUNICATIONS SYSTEM UNDER ANY LEGAL THEORY OR CAUSE OF ACTION. NEITHER THE IHEALTH ALLIANCE OR MEDEM NOR ANY OF THEIR DIRECTORS, MANAGERS, EMPLOYEES, AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED, TO THOSE ARISING OUT OF THE USE OF THE HCNN OR INABILITY TO GAIN ACCESS TO OR USE THE HCNN. YOU AGREE THAT THE TOTAL LIABILITY OF MEDEM FOR ACTUAL DAMAGES, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO MEDEM UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, OR, IF NO SUCH AMOUNTS HAVE BEEN PAID BY YOU, ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify, and hold harmless the iHealth Alliance, Medem and their directors, officers, employees, agents and affiliates, including but not limited to affiliated medical societies, against any action brought against the foregoing with respect to any claim, demand, cause of action, debt or liability, damage and/or cost, including reasonable attorneys’ fees, arising from: (i) a breach of any of your representations, warranties, covenants or agreements under this Agreement; (ii) your negligence or willful misconduct; or (iii) your access to and use of the HCNN.
This Agreement will be governed by, and construed in accordance with, the laws of the State of California without regard to or application of its choice of law rules or principles. Except as set forth below, all disputes and claims relating to this Agreement, the iHealth Alliance or Medem’s products and services, shall be settled fully and finally by arbitration before the American Arbitration Association, in accordance with Commercial Arbitration Rules. The decision of the arbitrator shall be final and binding on the parties and may be reduced to a judgment in any court of competent jurisdiction. Any claim or cause of action you may have against the iHealth Alliance or Medem arising out of this Agreement, iHealth Alliance or Medem’s products or services must be commenced within one (1) year after your claim or cause of action arises. This agreement to arbitrate shall survive any termination or expiration of this Agreement. Notwithstanding the foregoing, neither party shall be required to arbitrate any claim for infringement of its copyrights, patents, trademarks, trade secrets, or other intellectual property rights of any kind. In the event of any arbitration or legal action initiated by you legal fees shall be awarded to the prevailing party. You should be aware that some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion of incidental or consequential damages which are contained in these Terms of Service. By accepting these Terms of Service you may be waiving legal rights which could be available to you in another jurisdiction.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure by one party to act with respect to a breach by the other party does not waive the first party’s right to act with respect to subsequent or similar breaches.
You agree that this Agreement constitutes the sole and only agreement between You and the iHealth Alliance and Medem, Inc. related to the HCNN, and that this Agreement alone governs your access to the HCNN.
The provisions of sections 8 (Disclaimer of Warranties), 9 (Assumption of Liability; Limitation of Liability), 10 (Indemnification) 11 (Choice of Law and Arbitration), and 12 (Severability; Non-waiver), and any liabilities or payment obligations that accrued before termination, shall survive the termination of this Agreement.