PRACTITIONER/ORGANIZATION USER AGREEMENT
PLEASE READ THE AGREEMENT BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.
YOUR ACCESS AND USE OF THE SERVICES. By registering, accessing and using the Services, you represent and warrant that all information provided to Company in connection with the Agreement, including in the process of registration for the Services, is true, accurate and complete. You are responsible for installing and maintaining all equipment and systems necessary to access the Services and for paying all charges related thereto. Your use of the Services is solely at your discretion. It is solely your decision whether to accept an interaction with an end user through the Services. You hereby acknowledge that any professional advice you render during such interaction is at your sole discretion and you assume full responsibility for all such advice. It is your responsibility and obligation to discuss and request any information from the end user you feel is necessary for treatment. Patients are solely responsible for any cost associated with the end user’s use of the Services and for use of professional advice and services provided by you.
ENTERPRISE LICENSE. You have the opportunity to purchase an enterprise license for use of the Services and to authorize a certain number of your employees or contractors who are practitioners or administrative personnel of practitioners or other practitioners or administrative personnel in your practice (collectively “Authorized Representatives”) to access and use the Services and MINDBODY Exchange Tools. Authorized Representatives that are practitioners wishing to use the MINDBODY Exchange Tools will be required to create a separate practitioner user account with Company. You hereby acknowledge and agree that you shall be responsible for any and all use of the Services, including the MINDBODY Exchange Tools, by any Authorized Representative, including compliance by each such Authorized Representative.
REFERALS TO PRACTITIONERS. Through the Site, you have access to a directory of Practitioners and you have the ability to refer your patients to Practitioners. It is solely your decision whether to refer your patients to a Practitioner. All Practitioners have represented to Company that they are licensed, registered, or certified, as applicable, to provide the applicable professional services and that they are in good standing in the applicable jurisdictions where they provide such services. You acknowledge and agree that Company cannot be responsible for any violations of these representations by individual Practitioners. You are solely responsible for choosing a particular Practitioner to whom to refer your patients and for your interaction with such Practitioner. Neither Company nor any of its licensors or suppliers shall be liable for any professional advice obtained from a Practitioner nor for any information obtained through the Services. Company does not recommend or endorse any Practitioners, treatments, products or procedures. All Practitioners have represented to us that they are duly licensed to provide the professional services that they are providing and that they are in good standing in all jurisdictions where they provide such services. However, Company does not ensure nor verify Practitioner’s licensure, certification, registration, or good standing. Your acknowledge that your reliance on any Practitioner or information provided through the Services is solely at your own risk and you assume full responsibility for all risk associated therewith.
SECURITY AND PASSWORDS. Access to the Services is enabled only by login codes and passwords. You shall maintain your login code(s) and password(s) in strict confidence. You shall notify Company immediately if you have any reason to believe that your login code(s) or password(s) has been lost or compromised or misused in any way. You are fully and solely responsible for any and all use of the Services using your login code(s) and password(s). Company reserves the right to revoke or deactivate your login code(s) and password(s) and terminate your license to access and use the Services at any time if Company determines that you have violated the terms of the Agreement.
OPERATION AND RECORD RETENTION. Company reserves complete and sole discretion with respect to the operation of Services. Company may, among other things withdraw, suspend or discontinue any functionality or feature of the Services. Company reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Services pursuant to its internal record retention and/or destruction policies as such policies may be amended. You agree that you will not rely on the Services as your sole record keeping system. You further agree that each of your Patients shall have the right to share your treatment notes relating to each such Patient with their other practitioners. Unless you and Company agree otherwise, For a period of thirty (30) days after termination of your user account for any reason, Company will make available to you for download in an Excel spreadsheet format your Personal Information records stored in your user account, via a secure FTP (SFTP) site. Company will send you the access information for the SFTP site via email to your email address on file. You hereby acknowledge and agree that after thirty (30) days from the date of termination of your account, Company shall destroy all your Personal Information records stored in your user account.
WARRANTY OF LICENSURE/CERTIFICATION/REGISTRATION/GOOD STANDING. You represent and warrant that you, and as applicable all Authorized Representatives who are practitioners, are duly licensed, registered, or certified, as applicable, to provide the professional services that you provide in the applicable jurisdiction in which you practice and that you are in good standing in all such jurisdictions. The license granted to you herein to access and use the Services shall immediately terminate if your license, registration or certification to practice, as applicable, has been revoked or suspended.
NOTIFICATION. You agree to notify Company immediately if you become aware of any incident, error or adverse event arising out of any conversation, advice or service rendered by you in connection with your use of the Services which may reasonably be expected to give rise to a claim being made against you or if you have been named in any claim or suit arising out of any conversation, advice or service rendered by you in connection with your use of the Services.
NON-DISCLOSURE AND CONFIDENTIALITY. In using the Services, you will have access to confidential information of Company, its customers, its licensors and suppliers that may include, but is not limited to, health and other personal information contained in records through the Services (“Personal Information”), software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, functional specifications, technical materials and information, and related documentation (collectively and together with Personal Information, the “Confidential Information”). Without limiting the foregoing, you agree to undertake, and to require that all Authorized Representatives undertake, all necessary measures to ensure the privacy and security of all Confidential Information including without limitation: (i) to use the Services and the Confidential Information only as needed to perform your responsibilities as a complementary and alternative medicine provider and in accordance with Applicable Law; (ii) not to access, use or disclose any Confidential Information that you have no legitimate authorization to access, use or disclose; (iii) not to access Services or any Confidential Information for any other individual or any unauthorized third party; (iv) to restrict physical and system access to the equipment which contains Confidential Information or which gives access to the Services (such as by diligently locking and monitoring office premises and requiring password verification to gain access to desktop computers); (v) implementing procedures to ensure no computer or terminal with live access to the Services is left unattended at any time; and (vi) implementing all required policies and procedures to ensure compliance with Applicable Law. You immediately shall notify in writing, and cooperate fully with Company in the event you discover or suspect: (a) any unauthorized use of or access to the Services; (b) any inappropriate use or disclosure of information contained in the Services or obtained through use of the Services; or (c) any security incident. In the event that a security incident or breach occurs, you shall take affirmative steps to notify in writing all affected parties of the security incident, to cure the problem that cause the security incident and prevent future security incidents, and to mitigate the effects of the security incident. If in the opinion of Company, a security incident has affected or may affect any other Services user or any individual whose Personal Information is contained on the Services, then Company, in its discretion, may notify such Services user or individual of the security incident or may require you to immediately notify such Services user or individual of the security incident.