Last updated: April 3, 2019
IF YOUR PATIENT (OR ANYONE ELSE) IS EXPERIENCING A MEDICAL EMERGENCY, PLEASE CONTACT YOUR LOCAL EMERGENCY SERVICES OR DIAL 9-1-1 ON YOUR TELEPHONE. PATIENTPAL DOES NOT PROVIDE EMERGENCY SERVICES.
These terms of use are entered into by and between you (“you” or the “Provider”) and Med-Metrix, Inc. (“Med-Metrix,” “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Med-Metrix website and web application, including any content, functionality, and services offered on or through Med-Metrix.
Please read these Terms of Use carefully before you start to use Med-Metrix. This is a legally binding agreement and the equivalent of a signed, written contract.
By signing to agree to these Terms of Use when this option is made available to you, you represent that you have read and considered these Terms of Use, and that you accept and agree to be bound and abide by these Terms of Use.
Following your agreement to these Terms of Use, you will be asked to review, consider, and agree to a Business Associate Agreement, which (along with any revisions thereto) is incorporated herein by reference. Once you have indicated your agreement, a copy of each document will be sent to the email address on file with your Med-Metrix account.
You will not be allowed to access or use Med-Metrix unless you indicate your agreement to these Terms of Use and the Business Associate Agreement. Following any revision to these Terms of Use or the Business Associate Agreement, you will not be allowed to continue to access or use Med-Metrix unless you indicate your agreement to the revised Terms of Use or Business Associate Agreement.
If you do not want to agree to these Terms of Use or the Business Associate Agreement, or to any revision of any of these documents, then you must not access or use Med-Metrix.
Med-Metrix is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using Med-Metrix, you represent and warrant that you are of legal age to form a binding contract with Med-Metrix and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Med-Metrix.
You are registering for a “Provider” account. By clicking to agree to these Terms of Use, you represent that you are (or are authorized to act on behalf of) a hospital, clinic, health care facility, private practice, physician, or other health care professional, fully licensed and registered to practice in your state, with all required controlled substances registrations (if applicable), and with at least the minimum legally required professional liability insurance coverage. If you experience a change in licensure, insurance, or controlled substances registration in future, please contact Customer Service at support@patientpal.com immediately for further instruction.
Patient. A Patient is an individual who is seeking health care services from the Provider.
Patient Information. All identifiable information and documents that are communicated or uploaded to Med-Metrix by a Patient or that Patient’s Provider in connection with Med-Metrix’s provision of services on behalf of such provider, and all identifiable information and documents that Med-Metrix develops as a result, comprise the Patient Information. Patient Information includes, without limitation, the Patient’s insurance/billing/payment information, and the Patient’s Med-Metrix account information to the extent it can be used to identify the Patient. Patient Information excludes identifiable information collected through Med-Metrix’s publicly accessible websites.
Med-Metrix. Med-Metrix is a website and web application that streamlines patient billing and other health care administrative systems.
Provider. A Provider is any healthcare provider, practice, clinic, facility, or hospital that has signed up to use Med-Metrix in connection with one or more Patients.
Med-Metrix helps Providers by streamlining Patient billing, insurance reimbursements, and other administrative functions. Med-Metrix is not a health care provider, and we will not provide you or your Patients with health care advice. As a Provider, any health care advice, diagnosis, treatment, or consultation that you communicate to any Patient shall be the product of your professional medical judgment, and is solely your responsibility. You agree that you shall not rely on Med-Metrix, and that Med-Metrix shall have no responsibility or liability, for the truth, accuracy, or efficacy of any diagnosis, treatment plan, prescription, treatment (as well as any decision not to conduct treatment), or any other form of medical or health care that is developed, discussed, or otherwise communicated or conducted in connection with the use of Med-Metrix.
Med-Metrix does not provide or facilitate emergency services or urgent care. If your patient (or anyone else) is experiencing a medical emergency or other urgent health issue, do NOT attempt to obtain emergency or urgent medical care through Med-Metrix. Please call 9-1-1 on your telephone, contact your local emergency or urgent care service providers directly by phone, or proceed as you determine in your medical judgment.
As a licensed health care professional or facility, you understand the importance of caring for patients in compliance with laws, rules, regulations, and codes of ethics.
By agreeing to these Terms of Use, you represent and warrant that you will only use Med-Metrix in ways that comply with the statutes, rules, regulations, and codes of ethics that govern your form of practice or profession in your state, and that you will only use Med-Metrix to provide services that are within the scope of practice that your licensure permits.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of Med-Metrix thereafter.
We will notify you of changes to these Terms of Use by means of the email address on record with your Med-Metrix account. To continue using or accessing Med-Metrix, you will be required to agree to such revised Terms of Use.
Med-Metrix grants you access to use Med-Metrix. This grant is conditioned on your continued compliance with these Terms of Use. You may not assign, lease, lend, sell, transfer, redistribute, or license Med-Metrix. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Med-Metrix, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with Med-Metrix).
You agree to be bound by any affirmance, assent, or agreement that you transmit to Med-Metrix using Med-Metrix, including but not limited to any consent you give to receive communications from Med-Metrix solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field in Med-Metrix, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Your carrier’s data rates may apply to your use of Med-Metrix. Please check with your carrier if you have questions about your plan and costs.
We reserve the right to withdraw or amend Med-Metrix, and any service or material we provide on Med-Metrix, in our sole discretion without notice. From time to time, we may restrict access to some or all parts of Med-Metrix to users, including registered users. In the event Med-Metrix withdraws or restricts access to Med-Metrix for any reason, Med-Metrix will make Patient Information available to a Provider as required by law and the Business Associate Agreement.
You acknowledge and agree that we are not responsible and shall not be liable for any injury, inconvenience, or other damages caused by all or any part of Med-Metrix being unavailable at any time or for any period.
You are responsible for:
You acknowledge and agree that we are not responsible and shall not be liable for any injury, inconvenience, or other damages caused by your failure to maintain accurate and current contact information.
You may obtain a free copy of all the data in your account, including all Patient Information and uploaded data for your Patients, as a secure download by following the instructions on this page. This right is subject to Med-Metrix’s right to delete the information associated with your account, as permitted by law and the Business Associate Agreement.
To access Med-Metrix or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Med-Metrix that all the information you provide on Med-Metrix is correct, current, and complete. You agree that all information you provide to register with Med-Metrix or otherwise, including but not limited to through the use of any interactive features on Med-Metrix, is governed by our Privacy Policy, these Terms of Use, the Business Associate Agreement, and any relevant services agreement, beta agreement, or terms of use to which you have agreed pursuant to your decision to use Med-Metrix, and you consent to all actions we take with respect to your information that are consistent with those documents.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Med-Metrix or portions of it using your user name, password, or other security information. You agree to notify us immediately if there is any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a computer or mobile device that is not your own, so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Payment. Unless otherwise agreed, invoiced charges are due with 3 business days of invoice and it’s paid automatically via ACH. You are responsible for providing complete and accurate billing and contact information to Med-Metrix and notifying Med-Metrix of any changes to such information.
Overdue Charges. If any invoiced amount is not received by Med-Metrix by the due date, then without limiting Med-Metrix’s rights or remedies, (a) those charges may accrue late interest at the rate of one and one-half percent (1.5%) of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) Med-Metrix may condition future renewals on providing payment by credit card.
Suspension of Service and Acceleration. If any amount owing by you under this or any other agreement is thirty (30) or more days overdue, Med-Metrix may, without limiting its other rights and remedies, accelerate your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and, as permitted by law and the Business Associate Agreement, suspend your access to Med-Metrix until such amounts are paid in full. Med-Metrix will give you at least ten (10) days’ notice that payment is overdue before suspending your access to Med-Metrix.
Taxes. Med-Metrix’s fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your use of Med-Metrix. If Med-Metrix is legally obligated to pay or collect Taxes for which you are responsible under this paragraph, we will invoice you, and you must pay that amount unless you provide Med-Metrix with a valid tax exemption certificate authorized by the appropriate taxing authority.
Med-Metrix and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Med-Metrix, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use Med-Metrix for your personal, non-commercial use only. (This prohibition on non-commercial use does not prohibit your use of Med-Metrix in connection with your own Patients or your own internal health care operations.) Other than as necessary to use Med-Metrix in accordance with these Terms of Use, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website or web application (except for Patient Information), including without limitation any text, illustrations, photographs, graphics, video, or audio sequences (“Content”).
Further, you must not:
You must not access or use for any purposes, commercial or otherwise, any part of Med-Metrix or any services or materials available through Med-Metrix, except for the intended purposes as described in these Terms of Use.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Med-Metrix except as expressly permitted by these Terms of Use, your right to use Med-Metrix will cease immediately. No right, title, or interest in or to Med-Metrix or any content on Med-Metrix is transferred to you, and all rights not expressly granted are reserved by Med-Metrix. Any use of Med-Metrix not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
You further acknowledge that ownership of any improvements in or to Med-Metrix or any new programs, upgrades, modifications or enhancements, even when such refinements result from your submission, feedback, or request, are and shall remain vested solely in Med-Metrix.
“Med-Metrix,” “Med-Metrix,” the Med-Metrix logo, the Med-Metrix logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Med-Metrix or its affiliates or licensors. You must not use such marks without the prior written permission of Med-Metrix. All other names, logos, product names, service names, designs, and slogans on Med-Metrix are the trademarks of their respective owners.
You may use Med-Metrix only for lawful purposes and in accordance with these Terms of Use. You agree that:
Additionally, you agree not to:
You may terminate your Med-Metrix account for any reason and at any time by notifying us at cancel@patientpal.com. Upon termination, Med-Metrix’s sole obligation to a Provider is to comply with the terms of the Business Associate Agreement applicable following termination. It is your responsibility to assure that you meet all your obligations in connection with patient care and patient communications.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Med-Metrix. YOU WAIVE AND HOLD HARMLESS PATIENTPAL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PATIENTPAL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PATIENTPAL OR LAW ENFORCEMENT AUTHORITIES.
All electronic communications using Med-Metrix shall be encrypted. While Med-Metrix has endeavored to create a secure and reliable platform, you acknowledge that there is nevertheless a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Med-Metrix or between you and other parties. Your use of the internet is solely at your own risk.
Med-Metrix, its affiliates, and its agents may monitor your use of Med-Metrix to evaluate the quality of service you receive, your compliance with these Terms of Use, the security of Med-Metrix, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Med-Metrix or its affiliates or agents monitor your use of Med-Metrix and enforces or fails to enforce these Terms of Use or any other agreement. In no event will Med-Metrix or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Med-Metrix or its affiliates or agents.
However, we cannot review all material before it is posted on Med-Metrix, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Med-Metrix may terminate your account and your use of Med-Metrix for any reason, including, among other things: your non-payment; your decision to cancel; Med-Metrix’s dissolution; and your violation of these Terms of Use. If your account is terminated, Med-Metrix may, in its sole discretion, delete and destroy any or all data associated with your account, to the extent allowed by law and the Business Associate Agreement.
We do not warrant the accuracy, completeness, or usefulness of information provided by your Patients or any other third party. Any reliance you place on such information is strictly in your discretion and at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other Med-Metrix user, or by anyone who may be informed of any of its contents.
Med-Metrix may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Med-Metrix, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Med-Metrix. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
All information we collect on Med-Metrix is subject to these Terms of Use, the Privacy Policy, the Business Associate Agreement, and any relevant services agreement, beta agreement, or terms of use to which you have agreed pursuant to your decision to use Med-Metrix. By using Med-Metrix, you consent to all actions taken by us with respect to your information in compliance with these documents.
Med-Metrix is headquartered in Massachusetts in the United States. We provide Med-Metrix for use only by persons located in the United States. We make no claims that Med-Metrix or any of its content is accessible or appropriate outside of the United States. Access to Med-Metrix may not be legal by certain persons or in certain countries. If you access Med-Metrix from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
YOUR USE OF PATIENTPAL, ITS CONTENT, AND ANY INFORMATION OR SERVICES OBTAINED THROUGH PATIENTPAL IS AT YOUR OWN RISK. PATIENTPAL, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH PATIENTPAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PATIENTPAL NOR ANY PERSON ASSOCIATED WITH PATIENTPAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF PATIENTPAL OR ANY INFORMATION OR SERVICES TRANSMITTED OR OBTAINED BY MEANS OF PATIENTPAL. WITHOUT LIMITING THE FOREGOING, NEITHER PATIENTPAL NOR ANYONE ASSOCIATED WITH PATIENTPAL REPRESENTS OR WARRANTS THAT PATIENTPAL, ITS CONTENT, OR ANY INFORMATION OR SERVICES OBTAINED THROUGH PATIENTPAL WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT PATIENTPAL OR ANY INFORMATION OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
PATIENTPAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Med-Metrix, its affiliates, licensors and service providers, and its and their respective officers, directors, managers, members, employees, contractors, agents, licensors, suppliers, successors and assigns (each an “Med-Metrix Indemnified Party”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, penalties, audits, consent decrees, or fees (including attorneys’ fees) (collectively, “Claims”) arising out of or relating to (i) your negligence or willful misconduct, including without limitation your professional malpractice, (ii) your breach or violation of any of these Terms of Use, the Privacy Policy, the Business Associate Agreement, or any other agreement, (iii) your failure to maintain the secrecy and security of your login information (such as your username and password) or any Patient Information, (iv) your failure to comply with HIPAA, (v) the unauthorized disclosure or breach of any Protected Health Information (as defined under HIPAA), (vi) your use of Med-Metrix, including, but not limited to, any use of Med-Metrix’s content, services, and products other than as expressly authorized in these Terms of Use, or (vii) your use of any information obtained from Med-Metrix.
You further agree to indemnify, defend, and hold each Med-Metrix Indemnified Party harmless from and against any Claims brought against such Med-Metrix Indemnified Party by any third party or parties, in connection with any claim for liability (including without limitation medical malpractice liability) arising from or relating to the provision of medical or health care, including without limitation any diagnosis, prescription, treatment plan, or treatment (including the failure to provide treatment), whether or not developed, discussed, or otherwise communicated or conducted by means of Med-Metrix.
You agree that you, and your agents, representatives, estate, successors, and assigns, shall not seek, sue to obtain, or obtain compensation, damages, indemnification, contribution, or other remedy from any Med-Metrix Indemnified Party for any losses, injuries, harm, or other liabilities that arise from or relate to the use of Med-Metrix by you or any other person or entity in connection with a Patient’s health care, diagnosis, treatment plan, or the provision of treatment (or failure to provide treatment), whether or not the result of professional malpractice, and including (without limitation) losses, injuries, harm, and other liabilities caused by the failure by you or any Patient to communicate with each other effectively, accurately, timely, or at all.
IN NO EVENT WILL PATIENTPAL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, MEMBERS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, PATIENTPAL, ANY WEBSITES LINKED TO IT, ANY CONTENT ON PATIENTPAL OR LINKED WEBSITES, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH PATIENTPAL OR SUCH LINKED WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, IN EXCESS OF THE AMOUNT THAT YOU HAVE PAID TO PATIENTPAL.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
All matters relating to Med-Metrix and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule.
All matters relating to Med-Metrix and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be determined by binding arbitration before a single arbitrator carried out in accordance with the commercial dispute rules of the American Arbitration Association. Such arbitration shall be heard in Boston, Massachusetts, and either party may enter the final ruling of the arbitrator for judgment in a court of competent jurisdiction. The fees of the Association and the arbitrator shall be divided equally between the parties, and each party otherwise shall pay its own legal fees and related expenses. The arbitrator shall have the authority to order any remedies, legal or equitable, which a party could obtain from a court of competent jurisdiction based on the claims asserted (except attorneys’ fees and costs), and nothing more; provided, however, there shall be no authority for a dispute to be arbitrated on a class action basis, nor shall consolidation or joinder with the claims of another person be permitted. The arbitrator shall prepare a written decision setting forth his or her findings of fact and law. Subject to the Federal Arbitration Act and other applicable law, the arbitrator’s award shall be final and binding, without right of appeal. Any party may seek to have judgment entered upon the award by a court of competent jurisdiction.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR PATIENTPAL MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver of by Med-Metrix of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Med-Metrix to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
These Terms of Use, the Privacy Policy, the Business Associate Agreement, and any relevant services agreement, beta agreement, or terms of use to which you have agreed pursuant to your decision to use Med-Metrix, constitute the sole and entire agreement between you and Med-Metrix with respect to Med-Metrix and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Med-Metrix.
All other feedback, comments, requests for technical support and other communications relating to Med-Metrix should be directed to: legal@patientpal.com