HIPAA Forms, Policies & Procedures Disclaimer and Use Agreement 1. Nature of Service. CAL HIPAA is a web-based HIPAA educational resource company for health care providers within the United States. We provide interpretations of the Health Insurance Portabilty and Accountability Act (HIPAA) and other HIPAA informational resources including news, strategies, rules & regulations, tutorials, FAQs, implementation guidelines, tests, model forms, policies and procedures, and other various related materials. 2. No Recommendations or Legal Advice. You agree to assume all responsibility in connection with the accuracy and/or timeliness of all information provided. We assume no responsibility or liability for any interpretations, opinions, guidelines, recommendations, suggestions, products, forms, policies, procedures or other services rendered by us or for any legal claims and other claims that may arise directly or indirectly from any such interpretations, opinions, guidelines, recommendations, suggestions, products, forms, policies, procedures or other services. CAL HIPAA is not a law firm and the use of any documents or the content contained therein does not create an attorney-client relationship. The documents you are accessing and the information in them do not constitute legal advice. It is also not a substitute for legal or other professional advice. Users acknowledge that they should consult their own legal counsel for advice regarding the application of the law and these documents as they apply to the HIPAA regulations and their practice or business. 3. Use of Materials Including Documents and Templates We grant you a revocable, non-exclusive, non-transferable license to access, download and duplicate the documents known as our forms, policies and procedures. These documents and the information contained in them are solely for your use and the use of your single organization. They are not for resale or distribution to anyone else and your access to and use of them is conditioned on your continued compliance with this Forms and Policies Disclaimer and Use Agreement. You agree that you will not use these documents or any derivitive of them without first consulting legal counsul for a legal determination as to their accuracy and appropriateness with regard to all HIPAA rules, standards and/or regulations, and any State or local rules, standards, regulations, codes or statuates. You further agree that you are solely responsible for accuracy and appropriateness of all content contained in these documents. What you can do with our documents and templates: 1)When you access documents on our web site you will create a unique Username and Password for yourself allowing you access to download all of the documents. You shall take all reasonable precautions to protect your Username and Password from unauthorized use. 2) The documents are in template form and you can modify them to suit the needs of your organization and your organization may use them in any manner that is useful. 3) The templates can be used by any individual or organization within your company. What you can not do with our documents and templates: 1) You are not allowed to share the Username and Password with anyone one outside of your organization. 2) You are not allowed to share the documents or templates with any individual or any organization outside your organization. 3) You are not allowed to sell, re-sell, publish in any format, license, re-license, sublicense, give away, or distribute the documents or templates, or any content or materials contained therein, or any content or materials based on the documents or templates, to any third-party individual or organization without prior written authorization from CAL HIPAA. 4. Username & Password Maintenance & Responsibility. If you wish to access and download our model forms, documents, templates, policies and procedures, you must choose a Username and Password during your completion of this purchase. By registering, you represent, warrant and covenant that: (i) you are at least 18 years of age; (ii)you are using your actual identity; (iii) you have provided only true, accurate, current and complete information about yourself during the registration process; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. By logging onto this Site using any Username and Password, you represent, warrant and covenant that you are authorized to use such Username and Password and to engage in the activities that you conduct thereunder. You agree to be solely responsible for the confidentiality and use of your Username and Password, as well as for any activities conducted on or through this Site using that Username and Password. If you become aware of any loss, theft or unauthorized use of your Username and Password, you are required to notifiy us immediately. We reserve the right to delete or change any password at any time and for any reason. Information on this web site is designed for your exclusive use only. You are prohibited from sharing or distributing your Username and Password with anyone. You agree that in the event you share your Username and/or Password with anyone your account will be immediately terminated. Violation of the above provisions would result in damages in an amount difficult to ascertain, and subscriber agrees that a charge of $50,000 for each violation of the above provisions represents a fair and reasonable estimate of those damages. Without limiting the foregoing, you also agree that you will not, directly or indirectly, use the information or databases (i) to compile mailing lists for commercial purposes; (ii) to establish independent data files or compendiums of statistical information; or (iii) in violation of any applicable laws or regulations, without our prior written authorization. To detect and deter the misuse of our web site by the sharing of passwords, we monitor the use of our web site by our subscribers. We reserve the right to immediately de-activate or delete or terminate any registered user, without warning or notice, who is believed to be sharing or distributing Usernames and Passwords. 5. Term and Termination. This disclaimer and agreement will take effect at the time you click "I Have Read The Disclaimer and Agreement and I Agree With It" during the registration process. Your access to the documents will expire 24 hours from the date and time of your purchase; or when you download one of the two available .ZIP files containing all the documents, whichever is first. We reserve the right, at any time and for any reason, without notice to you, (i) to deny you access to this Site, any Site Materials, or any portion thereof; (ii) to change, remove or discontinue any of the Site Materials or services available on or through this Site; or (iii) to terminate this Forms and Policies Disclaimer and Use Agreement. 6. Our Privacy Policy. We consider the protection of our users' personal data to be important. Therefore, we have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use personal information from users of this Site. Any changes to the Privacy Policy will be posted on this Site, and you should periodically consult this Site to stay apprised of any such changes. 7. Links to Other Sites. This Site may contain links to other sites on the World Wide Web including IIP's and IPP's. These other sites have not been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other sites. Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any other site or site owner, or any information, products or services provided by any third party. When leaving this Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked site. 8. Advertisers on this Site. We, in our sole discretion, may post the advertisements of third parties on this Site. Your correspondence or dealings with advertisers found on this Site are solely between you and the advertisers. You agree that we will not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of advertisements of third parties on this Site. Moreover, we will not be responsible or liable for the statements or conduct of any advertisers or other third parties on this Site. 9. Third Party Content. Some of the Site Materials, including, but not limited to, Federal and State regulations, health care information, product reviews, news, data, research, analysis and opinions, are provided by IIPs and IPPs. As a general matter, we believe that the IIPs and IPPs obtain such information, materials and other content from sources that they deem to be reliable. However, we make no representations with respect to, nor do we guarantee or endorse the availability, accuracy, reliability, completeness, currency, quality, performance, suitability, or correct sequencing of any information, materials or other content provided by any of the IIPs and IPPs. We do not endorse, oppose or edit any opinion or analysis expressed by any of the IIPs and IPPs. We assume no responsibility or liability for any information, materials or other content provided by any of the IIPs and IPPs. 10. Permission to Use Your Submissions. Any and all suggestions, feedback, ideas, concepts, comments, illustrations and other materials that you disclose or offer to us on or in connection with this Site or any Site Materials ("Submissions") are submitted without any restrictions or expectation of confidentiality. You agree that we will exclusively own, and you hereby assign to us without compensation or further obligation, all rights now known or hereafter existing to the Submissions of every kind and nature throughout the universe. You further agree that we will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on this Site or elsewhere. You will not assert any proprietary right or moral right of any kind with respect to any Submissions. 11. Confidentiality on the Internet. Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create a secure and reliable site, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither we nor our affiliates are responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. For more private and personalized attention, you may contact us at: calhipaainfo@calhipaa.com 12. Site Monitoring. We reserve the right to view, monitor and record activity on this Site without notice or permission from you. We may disclose any records, electronic communications, information, materials or other content of any kind (i) if we believe in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate this Site; or (iii) to protect our rights or property or the rights or property of our users and business partners. However, we are not responsible for screening, policing, editing or monitoring this Site. We are committed to complying with copyright and related laws, and expect all users of this Site to comply with such laws as well. Using this Site to transmit any content or to engage in any activity that infringes any copyright or any other right of a third party violates this disclaimer and use agreement. You represent and warrant to CAL HIPAA that you own, or are otherwise lawfully authorized to use, any information, materials or other content that you transmit to or through this Site, and that the use of the same does not violate copyright or related laws and will not cause injury to any person or entity. 13. Events Beyond Our Control. You absolve and release us and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions. 14. Disclaimers. THIS SITE AND THE SITE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE SITE MATERIALS AND DATABASES MAY CONTAIN TECHNICAL INACCURACIES, OUT-OF-DATE MATERIAL OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THIS SITE; AND (II) ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS SITE OR ANY SITE MATERIALS WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTH CARE PROVIDER OR FOR ANY OTHER PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SITE MATERIALS IS ENTIRELY AT YOUR OWN RISK. FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH IIPs and IPPs OR WITH ANY THIRD PARTIES WHO OFFER ADVICE, PRODUCTS OR SERVICES ON OR THROUGH THIS SITE, AND YOU AGREE TO LOOK SOLELY TO PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES. 17. Limitations of Liability. NEITHER CAL HIPAA NOR OUR AFFILIATES OR AGENTS WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S). UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES AND AGENTS, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF THIS SITE, ANY SITE MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS SITE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you. 18. Indemnity. You agree to defend, indemnify, and hold harmless CAL HIPAA and our affiliates, and our and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (i) your use of this Site, any Site Materials, or any products or services obtained on or through this Site, (ii) any arrangements you make based on information obtained on or through this Site, or (iii) any breach by you of this Forms, Policies & Procedures Disclaimer and Use Agreement. 19. Governing Law. This Forms, Policies & Procedures Disclaimer and Use Agreement is made in, and will be construed and enforced in accordance with, California State law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in California. Any action to enforce this disclaimer and agreement will be brought in the federal or state courts presiding in California, U.S.A., and both parties expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by CAL HIPAA from its offices within the United States. We make no representation that this Site or the Site Materials are appropriate or available for use outside of the United States, and access to this Site or the Site Materials from territories where their contents are illegal is prohibited. Those who choose to access this Site or the Site Materials from locations outside of the United States do so of their own volition and are responsible for compliance with applicable local laws. 20. Electronic Execution. Execution of this Agreement shall occur and may be evidenced by transmission of your electronic assent to its terms through your clicking the "I Have Read The Disclaimer and Agreement and I Agree With It" button. The party executing this Disclaimer and Agreement hereby warrants that he or she is either the individual entering into this Agreement or is the authorized officer or principal of the party being granted access to this site. A copy of this agreement will be sent to you by e-mail upon completion of your registration for these documents.