Terms of Service
Acceptance of Terms
These terms refer to you as a “User”, “you” or “your”. If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that legal entity and, in such event, “you” and “your” will refer to that legal entity. “We”, “us”, or “our” refer to LeanTaaS.
Modification and Termination
LeanTaaS reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post a notice of the modification on your Dashboard. We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time terminate these Terms or your access to the Service. You may close your User Account at any time by contacting us. Please note that if your User Account is canceled, we do not have an obligation to delete or return to you any content you have posted to the Services.
About the Service
The Service allows Users to access information and tools which the Subscriber grants you access to; contribute data; see information provided by others; and otherwise interact with our Service. You agree that you will safeguard your password and that you are responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your User Account.
You are also responsible for your content. “Content” means anything you contribute to a Service, including text, graphics, images, software, audio, video, information or other materials. When you post Content on the Services, you represent and warrant that
- (i) you have the right, power, and authority to post that Content and
- (ii) that by posting or providing such Content you will not violate third-party rights or applicable law, including, without limitation, HIPAA, HITECH, rights of publicity, and privacy rights
User Affirmations and Conduct Restrictions
By using the Service, you represent, warrant and agree to the following:
Use the services to store or transmit any Patient Data. “Patient Data” means information associated with an identified or identifiable patient, or identified under applicable data protection law, such as HIPAA and/or HITECH Act, as protected or patient information. Patient Data includes, but is not limited to:
- All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes, except for the initial three digits of a zip code, if according to the current publicly available data from the Bureau of the Census: (1) The geographic unit formed by combining all zip codes with the same three initial digits contains more than 20,000 people; and (2) The initial three digits of a zip code for all such geographic units containing 20,000 or fewer people is changed to 000.
- All elements of dates directly related to an individual, including birth date, admission date, discharge date, date of death; and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older.
- Phone numbers
- Fax numbers
- Electronic mail addresses
- Social Security numbers
- Credit card numbers
- Bank account numbers
- Any financial account numbers
- Medical record numbers
- Health plan beneficiary numbers
- Account numbers
- Certificate/license numbers
- Vehicle identifiers and serial numbers, including license plate numbers
- Device identifiers and serial numbers
- Web Universal Resource Locators (URLs)
- Internet Protocol (IP) address numbers
- Biometric identifiers, including finger and voice prints
- Full face photographic images and any comparable images
- Any other unique identifying number, characteristic, or code (note this does not mean the unique code assigned to code any data)
- You are solely responsible for compliance with any and all laws, rules, regulations, or obligations that may apply to your use of the Service.
- Nothing that you upload, publish, represent, warrant or transmit using the Service, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- You will not use manual or automated software, devices, scripts, redirects, robots, other means or processes to access, “frame,” “mirror,” “scrape,” “crawl” or “spider” any web pages or other services contained in the Services.
- You will not use the Service for any commercial or other purposes that are not expressly permitted by these Terms.
- You will not copy, store or otherwise access any information contained on the Service for purposes not expressly permitted by these Terms or the Subscriber.
- You will not interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- You will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
- You will not systematically retrieve data or Content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
- You will not access, tamper with, or use non-public areas of the Service, LeanTaaS’ computer systems, or any third-party provider system.
- You will not attempt to probe, scan, or test the vulnerability of any LeanTaaS system or network or breach any security or authentication measures.
- You will not avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by LeanTaaS or any of LeanTaaS’ providers or any other third party (including other Users) to protect the Service.
- You will not advocate, encourage, or assist any third party in doing any of the foregoing.
LeanTaaS will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. LeanTaaS may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms.
You acknowledge that LeanTaaS has no obligation to monitor your access to or use of the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental bodies.
Ownership and Licenses
The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Service, including the Site and all associated intellectual property rights, is the exclusive property of LeanTaaS and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-transferable license, to (i) access and utilize the Services made available to you, and (ii) access and view any Content to which you are permitted access. You have no right to sublicense the license rights granted in this section. You represent, warrant and agree that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as may be expressly permitted in these Terms.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LEANTAAS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LEANTAAS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD LEANTAAS HARMLESS IN CONNECTION WITH ANY CLAIM AND ANY DAMAGES OR EXPENSES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE REMAINS WITH YOU. NEITHER LEANTAAS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERYING THE SERVICES WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LEANTAAS HAS BEEN INFORMED OF THE POSSBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You may not assign or transfer these Terms, by operation of law or otherwise, without LeanTaaS’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. LeanTaaS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by LeanTaaS by posting to the website or via the application. For notices or communications by LeanTaaS made by e-mail, if any, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
You agree that the Services shall be deemed solely based in California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.
If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
LeanTaaS makes no claim that the Service may be used or accessed outside the United States. If you access the Service from a location outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction regarding the Service and your use of it.
We welcome and encourage you to provide feedback, comments and suggestions (collectively “Feedback”) for improvements to the Site. You may submit feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of LeanTaaS and you hereby irrevocably assign to LeanTaaS and agree to irrevocably assign to LeanTaaS all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At LeanTaaS’ request and expense, you will execute documents and take such further acts as LeanTaaS may reasonably request to assist LeanTaaS to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
The failure of LeanTaaS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LeanTaaS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms constitute the entire and exclusive understanding and agreement between LeanTaaS and you regarding the Service, and supersede and replace any and all prior oral or written understandings or agreements between LeanTaaS and you regarding the same.