Ownership and Purpose of the Websites and Applications:
Modal Health, LLC (“Modal Health”) owns and operates various websites and applications related to electronic medical records (“EMR”), software for EMR and healthcare practice management, and other related online products and services. Some of the Modal Health products and services interact with various EMR and healthcare practice management (“EMR Software”) software and services. The Modal Health products and services include the Modal Health websites and applications (including MyModalHealth.com, Modal Health® and the MyModalHealth® app, Modalcare.com, and the Modal Health telemedicine offering), and any other current or future websites, mobile access or mobile applications, or other applications. These websites and applications are collectively referred to herein as the “Services.”.
The purpose of the Services is to provide a secure network that will assist patients in managing their medical records, prescriptions, doctors’ appointments and other healthcare related items online and/or from their mobile devices in order to assist them in obtaining improved quality, safety, and efficiency of healthcare. This includes providing a means of interacting with EMR Software and other EMR-related products and services which one of more of each patient’s healthcare providers utilize. Certain websites or mobile applications, such as the MyModalHealth.com website, also provide functions and resources such as provider location services and appointment scheduling, which do not require an account or log-in and which therefore do not offer the same security as with password-protected accounts. The Services may interact with other websites, applications and portals owned and operated by Modal Health or its affiliates (the “Affiliated Services”).
Terms and Conditions:
If accessing the MyModalHealth@Work function, You agree to Your employer’s having access to the following types of information about You (even if Your employer does not already have some or all of this information): full name, email address, username, department, location, team lead, employee identification, country, state, EMR identification, medical record number (MRN), Health/Visions/Dental Group information (including insurance name, option and group number), participation in challenges or other events sponsored or tracked by or otherwise affiliated with Modal Health, Your challenge or other event-related data, incentive program participation, and aggregated Health Reimbursement Arrangement (HRA) data.
Content and Intellectual Property Information:
The Modal Health family of marks (including MyModalHealth®) are federally-registered trademarks and service marks of Modal Health. These marks may not be used without the express, written permission of Modal Health. Any third party trademark(s) that may appear on or in connection with the Services are the property of their respective owner(s).
The proprietary contents of the Services include, without limitation, the animations, applets, audio, data, design, graphics, illustrations, images, information, marks, music, photographs, text, video, and any other files displayed, used and/or available on or through the Services (the “Content”), as well as the arrangement, coordination, design, expression, look and feel, selection, and structure of such Content. The Content is owned, controlled or licensed by or to Modal Health, and is protected by copyright, trade dress, trademark and other intellectual property rights and unfair competition laws. Modal Health reserves all rights, title, and interests in the Content and the Services.
Digital Millennium Copyright Notice and Other Reports of Infringement:
Pursuant to 17 U.S.C. § 512(c)(2) (known as the Digital Millennium Copyright Act of 1998), You may contact Modal Health to report the infringement of any intellectual property right through Modal Health’s designated agent:
Please do not contact Modal Health’s designated agent for technical support issues; contact Your applicable healthcare provider or Modal Health. Any such technical support requests sent to the above designee may not be responded to or even received by Modal Health.
Access and Use of the Site
The Services are intended to be used by individuals whose healthcare providers are provided services from Modal Health or its affiliates and all other individuals who wish to use the Services’ functionality in connection with their medical care and wellbeing. To begin use of the Services, You may be asked to provide information about Yourself (or the person on whose behalf You are accessing, using or downloading the Services, including all related websites and applications). If You are under 18 years old, please discuss whether You should use and download the Services with Your physician and/or Your parent(s) or guardian(s). To use the Services, You must be a resident of the 50 States of the United States of America, exclusive of its commonwealths, territories, and possessions. To access or use the Services, You may be required to provide Modal Health with information relating to Your identity and certain other information, including Your email address. By submitting such information to Modal Health, You hereby certify that any and all information provided to Modal Health by You is true and correct and You authorize Modal Health to use any method it chooses to verify the truth and accuracy of the information that You provide to the extent Modal Health needs to do so to protect its rights or other users of the Services. Failure to provide truthful and accurate information to Modal Health may result in termination of Your access to the Services.
The Services requires a valid, working e-mail address and other information to initially set up Your access to the Services. (Some functionalities, like the provider-locating function of the MyModalHealth.com website, may not require You to set up an account; such functionalities are not subject to the same security and protections as the functions available to account holders who access the Services through their accounts using their password or PIN). Additionally, You will be required to create a username, password and/or PIN number to securely access the Services. Current users of certain of the Services may be allowed to use their current log-in credentials to access the Services and all users may have the ability to “link” all of their various accounts together through the Services and any Affiliated Services or applications. You are solely responsible for maintaining the strict confidentiality of the username, password and/or PIN You use to access the Services. This responsibility includes not allowing another person to use Your credentials to access the Services. You will be solely responsible for any damages or losses that may be incurred or suffered as a result of Your failure to maintain the strict confidentiality of Your username and password. You should immediately inform Modal Health in writing of any need to deactivate Your account due to potential or actual security concerns. Modal Health will not be liable for any harm related to the misappropriation of Your username, password and/or PIN, Your intentional or negligent disclosure of such items to another person, or Your authorization to allow another person or entity to access and use the Services under Your log-in credentials. You agree that you will not register for more than one account for any specific product or service, including each website and application which may be available. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Services. All forms of indirect and “spoofed” access are strictly prohibited.
Modal Health uses the means it believes are reasonable to provide access to the Services 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond Modal Health’s control and subject to any breakdowns or maintenance operations required for the smooth operation of the Services. Modal Health shall not be liable for any failure or deficiency in the performance of the Services for any reason whether such reason be maintenance, breakdown or any event beyond Modal Health’s reasonable control including, without limitation: fire, Internet outage, interruption of service, labor disturbance, natural disaster, technological disaster, terrorism, or war.
You acknowledge that data conversion and transmission is subject to the likelihood of human and machine errors, omissions, delays and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. Modal Health shall not be liable for any such errors, omissions, delays, or losses. You understand and agree that use of or connection to the Internet through the Services and/or use of mobile devices is inherently insecure and that connection to the Internet and/or use of mobile devices provides opportunity for unauthorized access by a third party to computer systems, mobile devices, networks, and any and all information stored therein. All information transmitted and received through the Services, the Internet, or through mobile devices is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Modal Health shall not be responsible for any adverse consequences whatsoever of Your connection to or use of the Services, the Internet, or mobile devices, and shall not be responsible for any use by You of an Internet connection in violation of any law, rule, or regulation, or any violation of the intellectual property rights of another.
Medical Disclaimers; No Provider/Patient Relationship; Provider Information:
Use of the Services and/or any information or Content that is included on or transmitted through the Services is not intended to and will not create any healthcare provider/patient relationship of any kind involving Modal Health or its affiliates – this shall be true whether a user is utilizing any provider location services, links to Affiliated Services or applications, or other websites and any other manner in which the Services may assist a user in locating a medical professional.
Communications between patients and healthcare providers may not occur, and cannot be guaranteed to occur, in real-time.
Any Content available on or through the Services is for informational and educational purposes only and is not a substitute for the professional judgment of a healthcare professional in diagnosing and treating patients. Neither the Content nor any other service offered by or through the Services is intended to be substituted for medical diagnosis or treatment. Modal Health does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on or transmitted through the Services (regardless if the foregoing is mentioned or transmitted by healthcare providers, insurance providers, or similar professionals or organizations). Your reliance upon any information obtained or used by You is solely at Your own risk. Modal Health is not responsible for the accuracy of any information or content provided or sent by You or other users of the Services, including Your physician, other healthcare providers, insurance providers, or their representatives. You are responsible for verifying the accuracy of any information You send or receive through the Services, including any of Your patient health information, data, or records. IF YOU HAVE AN EMERGENCY, DO NOT USE THE SERVICES TO CONTACT YOUR HEALTHCARE PROVIDER – YOU SHOULD IMMEDIATELY CALL 911 AND REQUEST EMERGENCY CARE ASSISTANCE.
Modal Health shall not be liable in any way to You for any decision You make or any actions that occur in connection with the use of the Services in locating and/or starting a relationship with a medical professional. Modal Health has no control over, and cannot guarantee the availability of any provider that is a part of the Services at any particular time. Modal Health will not be liable or responsible in any way for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Services whatsoever.
You are strongly advised to perform an independent investigation prior to selecting a healthcare professional by making telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular doctor or other healthcare provider (each, a “Provider”) by confirming with the Provider’s office, your current Provider, the medical association relative TO the Provider’s specialty and your state medical board, and consulting other sources as may be appropriate.
In connection with using the Services to locate and schedule appointments with medical professionals, you understand that You are responsible for choosing to begin a relationship with any Provider.
Providers listed on the Services may have a contractual relationship with Modal Health and/or pay a fee to appear on the Services.
The Services will provide you with lists and/or profile previews of Providers who may be suitable to deliver the healthcare that you are seeking based on information you provide to the Services. In connection with this process, Modal Health (i) does not recommend or endorse any particular Provider, and (ii) does not make any representations or warranties with respect to these Providers or the quality of the healthcare services they may provide.
Modal Health uses reasonable efforts to ensure that Providers that are part of the Services hold active medical licenses to practice any specialty of the services offered by them to patients.
Modal Health makes the Services available as a service to consumers and Providers for the purposes of providing an informative and educational resource. Modal Health may, but has no obligation to, review Content posted on the Services. It is important to note, however, that the timeliness and accuracy of any or all of the Content is not guaranteed. Neither the authors (whether users of the Services or not), Modal Health, nor any other party who has been involved in the preparation or publication of any Content can assure you that such Content is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such Content.
You are encouraged to independently confirm the Content contained herein with other sources and to seek the advice of a qualified physician or Provider.
The Provider and/or practice information that appears on the Services is intended for general reference purposes only. Such information found on the Services is both self-reported, by the Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Services nor Modal Health provides any advice or qualification certification about any particular Provider. Our relationship with Providers in a particular area is based on criteria we establish. You are encouraged to independently verify any such information.
The procedures, products, services and devices discussed and/or advertised within the Services are not applicable to all individuals, patients or all clinical situations. Modal Health makes no claims as to the effectiveness of any such procedures, products, services or devices. Any products and/or services represented on the Services by advertisers, sponsors, and other Services participants, either paid or unpaid, are presented for Your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
Compliance with Laws; Transmission of Data:
With respect to its operation of the Services, and to the extent required by (i) the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the regulations promulgated thereunder, and (ii) the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and any regulations promulgated thereunder (HIPAA and HITECH are collectively referred to herein as the “Privacy Laws”), Modal Health will fully comply with the Privacy Laws applicable to business associates and maintain the confidentiality of any Protected Health Information (as defined by the Privacy Laws) (“PHI”) transmitted or made available through the functionality of the Services or the Affiliated Services.
When You use the Services to upload, transmit, or receive PHI, You agree that, to the extent applicable, You shall comply with all applicable state and federal laws including, but not limited to, the Privacy Laws. You represent and warrant that You will, at all times, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of PHI. You agree that Modal Health, and all other persons or entities involved in the operation of the Services, have the right to monitor, retrieve, store, review, and use PHI, if applicable, in connection with the transmission of any PHI.
To the extent permissible under the Privacy Laws and any other applicable Federal and State laws, You hereby grant to Modal Health a perpetual, unlimited license to use the data and information that is compiled or passes through the Services that specifically relates to You, Your patient care, Your Provider’s procedures or diagnoses, or insurance provider procedures, policies, coverage, or payments, and any related information (collectively, the “Client Data”), in a de-identified format as defined under the Privacy Laws for data benchmarking, sharing, warehousing, resource utilization, and similar data analysis services; provided, however, that Modal Health shall comply with the Privacy Laws in connection with any such actions.
Communication of Other Information To and On the Site:
The Services may at some point contain features that allow You to submit content or messages in the form of text, pictures, drawings, designs, graphics, audio clips, video clips, documents, or other files that are then accessed by other Services users or through the websites or applications (a “Posting”). If such functionality is available, You are prohibited from submitting any Posting that: (i) restricts or inhibits any other user from using and enjoying the Services or any Affiliated Services, in whole or in part; (ii) is abusive, defamatory, inaccurate, indecent, false, libelous, misleading, obscene, offensive, pornographic, profane, threatening, sexually explicit, vulgar, or unlawful in any manner; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, rule or regulation; (iv) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; or (viii) constitutes or contains false or misleading statements of fact.
Ads; Communications with Users; Links To Third Parties:
The Services may include sponsored advertising and You hereby agree and understand that by downloading and using the Services, you consent to the presence of sponsored ads and services on the Services, which advertising will be placed at Modal Health’s sole discretion. Such ads may be placed vertically on the left or right side, or horizontally on the bottom, of any displayed page on the Services. Sponsored ads shall be clearly delineated from other content on the Services through the use of boxes surrounding the advertisement, a different colored background or other similar means and shall contain a header with the words similar to “Advertisement or Sponsorship.”
In addition to the foregoing advertising, Modal Health, through the Services or the contact information You have provided, may contact You regarding certain offers, products or services of Modal Health or other of its partners that Modal Health believes may be beneficial to You. You understand and agree that Modal Health may contact You in this manner. You may also be asked to grant an authorization for (i) Modal Health to use Your PHI in connection with its business partners and the advertising, offers, products or services that may be directed to You, and (ii) Modal Health to “push” notifications to You through Your mobile device(s). You may decide to authorize Modal Health to act in these manners by accepting such terms in the process of downloading and signing up for the Services. You will also have the authority to opt out of such use at any time by contacting Modal Health.
The Services may also contain links to the websites of Modal Health partners, advertisers, or unrelated third party companies or links to other websites or mobile applications (collectively, “Linked Sites”).
Your Representations, Warranties, and Indemnification to Modal Health:
Disclaimers, Exclusions and Limitations :
As used below in this section, “Modal Health” refers to Modal Health, LLC, and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers, volunteers, and suppliers.
DISCLAIMER OF WARRANTIES:
THE SERVICES, ITS CONTENT AND ANY INFORMATION INCLUDED ON OR PROVIDED THROUGH THE SERVICES OR THE AFFILIATED SERVICES (INCLUDING ALL RELATED WEBSITES AND APPLICATIONS) ARE PRESENTED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Modal Health DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND LACK OF NEGLIGENCE OR WORKMANLIKE EFFORT.
(1) YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SERVICES AND/OR THEIR CONTENT TO ACHIEVE YOUR INTENDED RESULTS AND SOLE RESPONSIBILITY FOR THE USE OF, AND RESULTS OBTAINED FROM, THE SERVICES AND/OR THEIR CONTENT;
(2) Modal Health MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES, ANY AFFILIATED SERVICES AND/OR ANY CONTENT WILL BE ERROR-FREE, SECURE, VIRUS FREE, OR FREE FROM INTERRUPTIONS, DEFECTS OR OTHER FAILURES OR HARMFUL COMPONENTS OR THAT THE SERVICES, ANY AFFILIATED SERVICES AND/OR THEIR CONTENT WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT (MOBILE OR OTHERWISE) OR OTHER HARDWARE, SOFTWARE OR BROWSER CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED;
(3) Modal Health MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION OBTAINED FROM THIRD PARTY SOURCES (INCLUDING, BUT NOT LIMITED TO, ANY USERS OF THE SERVICES) USED ON OR WITHIN THE SERVICES OR ANY AFFILIATED SERVICES OR RECEIVED IN CONNECTION WITH CONVERTING OR TRANSMITTING ANY DATA RECEIVED IN DIFFERENT FORMATS IS ACCURATE, TIMELY, OR ERROR FREE, AND Modal Health IS NOT RESPONSIBLE IN ANY WAY FOR THE INFORMATION OBTAINED FROM SUCH SOURCES;
(4) Modal Health MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED BY USERS TO GAIN ACCESS AND PERMISSION TO USE THE SERVICES, ANY AFFILIATED SERVICES, OR OTHER INFORMATION POSTED BY USERS IS ACCURATE OR ERROR FREE; AND
(5) Modal Health MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SUITABILITY OF ANY PERSONS PARTICIPATING IN THE SERVICES OR THE AFFILIATED SERVICES OR REGARDING THE CHARACTER OR INTEGRITY OF SUCH PERSONS.
SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES:
Modal Health may disclose any information it has about You, including Your identity, if it determines that such disclosure is necessary as part of any investigation or complaint regarding Your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with Modal Health’s rights or property, or another person’s rights or property. Modal Health reserves the right to disclose any information Modal Health deems necessary to comply with any applicable law, regulation, or governmental rule, and also when it determines that applicable law permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Void WHERE Prohibited:
Modal Health reserves the RIGHT TO LIMIT, IN its sole discretion, the provision AND quantity of ANY Service, Content, feature, OR product TO ANY person OR geographic AREA, whether BY reason of the LOCAL laws applicable IN such geographic AREA OR otherwise. ANY offer FOR ANY feature, product OR service made ON the Services AND/OR the Affiliated Services IS void WHERE prohibited.
Modification OR Termination of the Site:
Modal Health may, IN its sole AND absolute discretion AND without ANY liability, CHANGE, discontinue, make improvements TO, MODIFY, OR SUSPEND, ANY aspect OR ALL of the Services AND/OR the Affiliated Services, temporarily OR permanently, AT ANY TIME AND FOR ANY reason without prior notice. Modal Health IS under NO obligation TO retain a record of your Account OR ANY DATA OR information that you may have used, disclosed, processed, retrieved, transmitted, OR viewed ON Modal Health.
Governing Law AND Arbitration:
a. the location of the arbitration, including the location of all arbitration hearings, shall be Boston, Massachusetts;
b. the arbitral award shall address the costs and expenses of arbitration and all matters related thereto, including, the allocation of same between the parties;
c. the award of the arbitrators shall be final and binding upon the parties; and
d. the parties submit to the jurisdiction of the federal courts of Massachusetts for the purposes of ratifying any award made pursuant to arbitration proceedings conducted in accordance with this clause and/or may enforce the award through such courts.
By using the Services and/or the Affiliated Services, You expressly waive Your right to pursue all controversies, claims, or disputes in court and instead must submit any such controversies, claims, or disputes to arbitration as described above.
Waiver of Class and Joint Claims:
Any arbitration (or, if arbitration of the action is not permitted by law, litigation) shall be solely on behalf of an individual person, and shall not be consolidated or joined with the claims of any other person or brought on behalf of a putative class unless previously agreed to in writing by both You and Modal Health.
Modal Health may assign its rights, in whole or in part, in the Services and/or the Affiliated Services in accordance with its sole discretion.
You acknowledge AND agree that it IS the intent of BOTH you AND Modal Health TO LIMIT the period of TIME IN which a claim may be filed, even IF the period IS shorter THAN that FIXED BY the statute of limitations. You therefore agree that ANY cause of ACTION arising OUT of OR related TO Modal Health must commence WITHIN ONE (1) YEAR AFTER the cause of ACTION accrues, otherwise such cause of ACTION IS permanently barred.
Updated ON August 23rd, 2019.