OMHC ONLINE SERVICE AGREEMENT
Conditions of Use: We created the Olympus
Managed Health Care (OMHC) Provider Portal for the convenience of our
Providers. By accessing the Site or other web sites through links provided by
OMHC, you agree to all terms, conditions, and notices contained or referenced
Use please do not use the Site. We reserve the right, at our discretion, to
for changes. Your continued use of the Site following the posting of any
to Rules of Use: You agree to abide by this
Agreement and the OMHC Rules of Use, including but not limited to, agreeing not
to use the Site for any unlawful purpose. A copy of the Rules of Use, which you
should review, can be found below.
Rights: You acknowledge and agree that all content and
materials available on the Site are protected by copyrights, trademarks,
service marks, patents, trade secrets, or other proprietary rights and laws.
Except as expressly authorized by OMHC, you agree not to sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works from such materials
or content. Notwithstanding the above, you may print or download one copy of
the materials or content on the Site on any single computer for your personal,
non-commercial use, provided you keep intact all copyright and other
proprietary notices. Systematic retrieval of data or other content from the
Site to create or compile, directly or indirectly, a collection, compilation,
database or directory without written permission from OMHC is prohibited. In
addition, use of the content or materials for any purpose not expressly
or session cookies to assist in analyzing Web site usage more accurately.
Non-persistent cookies are small amounts of information stored by your web browser
software on your computer workstation, but are not stored on your computer's
hard drive and do not collect personal information. They are stored in memory
and erased as soon as you leave the Web site.
you voluntarily provide additional information, OMHC collects only the
following information as you browse through the OMHC Web site.
* The domain name and
browser you use to access the internet;
* The date and time of your
* The pages you visited;
* The address of the Web
site you visited immediately prior to visiting the OMHC site; and
* The type of browser and
operating system you used to access our Web site.
collects this information for statistical purposes and for evaluation to ensure
that the OMHC Web site is useful and easy to use.
collect this information on an aggregate basis only. Our Web site logs do not
contain personally identifiable information, and we make no attempt to link
them with the individual visitors that actually browse the Web site
send an e-mail message to OMHC or complete a questionnaire, form, or other
online survey, OMHC will maintain the information in accordance with applicable
not disclose, give, sell, or transfer any personal information about OMHC Web
site visitors unless required for law enforcement or otherwise required by law.
security purposes and to ensure that this service remains available to all
users, OMHC employs software programs to identify unauthorized attempts to
upload or change information or otherwise cause damage.
practices, please contact OMHC:
777 Brickell Ave Suite 410
Miami, FL 33131
Phone: (800) 250-3271
HIPAA Terms and Conditions
shall mean Section 262 of the Health Insurance Portability and Accountability
Act, P.L. 104-191 ("HIPAA") which governs the use and transmission of
individually identifiable health information.
Requirement" shall mean any law or regulation affecting the use or
disclosure of Protected Health Information.
Health Information" shall mean any Protected Health Information as defined
in HIPAA or any similar information obtained from individuals as a result of
the Customer providing products or services.
and Confidentiality: You acknowledge that Protected Health
Information requires special safeguarding and agree to abide by the laws of
your company, state, and HIPAA regarding the protection and disclosure of
Protected Health Information contained in the Site.
You agree that it is your responsibility to
implement reasonable and appropriate administrative, technical and physical
safeguards to protect the confidentiality, integrity and availability of all
Protected Health Information and any and all other confidential information
accessible on or through the Site.
of Warranties: All information provided or available through
this site is time sensitive as updates to our database records can occur at any
time. OMHC does not warrant that the information on the site will always
be 100% accurate, reliable or correct; that the site will be available at any
particular time or location; that any defects or errors will be corrected; or
that the content is free of viruses or other harmful components. Your use of
the site is solely at your risk. Because some jurisdictions do not permit the
exclusion of certain warranties, these exclusions may not apply to you.
of Liability: under no circumstances shall OMHC, its
subsidiaries, or its licensors be liable for any direct, indirect, punitive,
incidental, special, or consequential damages that result from the use of or inability
to use, the site. This limitation applies whether the alleged liability is
based on contract, tort, negligence, strict liability, or any other basis, even
if OMHC has been advised of the possibility of such damage. Because some
jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, OMHC�s liability in such jurisdictions shall be limited
to the extent permitted by law.
The entire content (including text and "look
and feel" attributes) of the Site is protected. Any use of such content
requires the written permission of OMHC. All rights reserved.
Because of the marked increase in the fabrication
and proliferation of computer viruses affecting the Internet, we want to warn
you about infections or viral contamination on your system. It is your
responsibility to scan any and all downloaded or viewed materials received from
the Internet. We are not responsible or liable for any damage caused by such
and E-Mail: Be aware that Internet and e-mail communications
are inherently not confidential. It is possible that information transmitted to
or from us may be read or obtained by other parties.
OMHC uses no
encryption (data scrambling) on certain portions of the Site, and up to 128-bit
encryption on other portions. When you are on any web site that asks you for
confidential information (social security numbers or protected health data, for
example), you should check to see if the information being transmitted is
encrypted in order to increase the security of your information.
welcome your e-mail correspondence but if you need to send confidential
information and are concerned about its security, then you should consider
sending it by fax or by regular mail instead.
Upon a request by OMHC, you agree to defend,
indemnify, and hold harmless OMHC and its subsidiary and other affiliated
companies, and their employees, contractors, officers, and directors from all
liabilities, claims, and expenses, including attorney�s fees that arise from
your use or misuse of the Site or failure to comply with the terms of this
Agreement. OMHC reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you,
in which event you will cooperate with OMHC in asserting any available
OMHC DOES NOT, AND SHALL NOT, INDEMNIFY YOU OR HOLD YOU
HARMLESS OTHER THAN AS SPECIFICALLY SET FORTH IN THIS SECTION ENTITLED
Statements made in Internet sites, newsgroups,
message boards, e-mail, forums, conferences and chats reflect only the views of
their authors. Forum managers, forum hosts, or Merchants appearing on OMHC site
are not authorized OMHC spokespersons, and their views do not necessarily
reflect those of OMHC.
Rights: The provisions of the Sections Disclaimer of
Warranties, Limitation of Liability and Indemnification are for the benefit of
OMHC and its officers, directors, employees, agents, licensors, suppliers, and
information providers. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you on its own
Use: OMHC makes no representation that materials on
the Site are appropriate or available for use in locations outside the United
States, and accessing them from territories where their contents are illegal is
prohibited. Those who choose to access the Site from other locations do so on
their own initiative and are responsible for compliance with local laws.
License: By this Agreement, OMHC grants, subject to the
terms of this Agreement, only a limited, non-transferable and non-exclusive
license to use the software and documentation necessary to access, explore and otherwise
use the Site in real time and to use the materials on this Internet site in a
manner consistent with this Agreement.
Majeure: OMHC shall not be responsible for any damages,
delay in performance or failure to perform hereunder to the extent that such
failure was caused by acts or occurrences beyond its control including, but not
limited to, strikes or other labor disputes, riots or other civil disturbance,
internet or communication failures, embargoes, government regulations or
requirements (executive, legislative, judicial, military or otherwise), power
failure, electrical surges or current fluctuations, lightning, earthquake,
flood, war, water, the elements, or other forces of nature, delays or failures
of transportation, equipment shortages or suppliers' failures.
construed in accordance with the laws of the State of Florida, excluding its
conflicts of law rules. You expressly agree that the jurisdiction for any claim
Site may be filed in the state or federal courts located in the State of
Nebraska, and you further agree and submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating any such claim or
and Integration: Unless otherwise specified
herein, this Agreement constitutes the entire agreement between you and OMHC
with respect to the Site and supersedes all prior or contemporaneous communications
and proposals (whether oral, written, or electronic) between you and OMHC with
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
and Procedure for Making Claims of Copyright Infringement: Pursuant to Title 17, United States Code, Section 512(C)(2),
notifications of claimed copyright infringement should be sent to OMHC. All
inquiries that are not relevant to the following procedure will not receive a
response. For more information click contact: email@example.com.
OMHC reserves the right, in its sole discretion,
to terminate your access to all or part of the Site, with or without notice.
Use: By posting information in or otherwise using any
communications service, chat room, message board, newsgroup, software library,
or other interactive service that may be available to you on or through the
Site, you agree that you will not upload, post, or otherwise distribute or
facilitate distribution of any content--including text, communications,
software, images, sounds, data, or other information�that reflects any of the
Is unlawful, threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive of another's privacy,
tortious, contains explicit or graphic descriptions or accounts of sexual acts
(including, but not limited to, sexual language of a violent or threatening
nature directed at another individual or group of individuals), or otherwise
violates OMHC's rules or policies.
Victimizes, harasses, degrades, or intimidates an
individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability.
Infringes on any patent, trademark, trade secret,
copyright, right of publicity, or other proprietary right of any party.
Constitutes unauthorized or unsolicited
advertising, junk or bulk e-mail (also known as "spamming"), chain
letters, any other form of unauthorized solicitation, or any form of lottery or
Contains software viruses or any other computer
code, files, or programs that are designed or intended to disrupt, damage, or
limit the functioning of any software, hardware, or telecommunications equipment
or to damage or obtain unauthorized access to any data or other information of
any third party.
Impersonates any person or entity, including any
employee or representative of OMHC.
agree that you will not harvest or collect information about the users or
members of the Site or use such information for the purpose of transmitting or
facilitating transmission of unsolicited bulk electronic e-mail or
generally does not pre-screen, monitor, or edit the content posted by users of
communications services, chat rooms, message boards, newsgroups, software
libraries, or other interactive services that may be available on or through
the Site. However, OMHC and its agents have the right, at their sole
discretion, to remove any content that, in OMHC's judgment, does not comply
with the Rules of Use or is otherwise harmful, objectionable, or inaccurate.
OMHC is not responsible for any failure or delay in removing such content.