STREAMLINE HEALTH SITE TERMS OF USE

last updated 05/29/2020

 

BY ACCESSING THIS WEBSITE, YOU ARE AGREEING TO ABIDE BY THESE TERMS OF USE AT ALL TIMES.  ANY SUCH ACCESS OR USE ESTABLISHES A LEGAL AGREEMENT BETWEEN YOU AND STREAMLINE HEALTH, INC.  YOU SHOULD CAREFULLY READ THESE TERMS OF USE (AND ALL UPDATES).  IF YOU DISAGREE WITH OR OTHERWISE REFUSE TO ABIDE BY ANY OF THESE TERMS OF USE, YOU SHOULD STOP ALL ACCESS AND USE OF THIS WEBSITE AND EXIT IMMEDIATELY.

  1. TERMS OF ACCESS AND USE. These Terms of Use (these “Terms”) apply to your access to and use of any of the websites of Streamline Health, Inc. (the “Company”) and its affiliates, including without limitation streamlinehealth.net, any client and support portals, solution demonstration sites and social media sites (the foregoing, collectively, the “Sites”).  References to “you” mean you in your personal capacity as well as any organization, entity or person you represent in connection with your use of the Sites.  The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW.   Please also refer to the Company’s Privacy Policy, which provides additional information regarding the Company’s use of information relating to use of the Sites.
  2. RIGHT TO ACCESS AND USE. Your use rights are limited to a personal, revocable, limited, non-exclusive, non-transferable right to use the Sites solely for purposes of researching and understanding publicly disclosed information about The Company and its products, software, services and other solutions (The Company’s “Solutions”) for either personal or business purposes and/or to interact with The Company for the express purposes identified.  However, your license rights above are limited.  You may not use, copy, download, store, distribute, display or otherwise access or use the Sites or any data, materials or functionality provided within any Sites (in whole or in part) in any manner not expressly permitted by these Terms.  This includes, without limitation, any of the following:
  • renting, leasing, selling, modifying, altering, licensing, sublicensing or commercially exploiting any of the foregoing;
  • translating, decompiling, recreating, creating any derivative work(s) of, disassembling or otherwise modifying any of the foregoing;
  • modifying, altering or removing any proprietary notices or labels contained within any of the foregoing;
  • use in connection with any actions which would be in violation of any law, rule or regulation;
  • use in connection with any actions which violate or infringe any intellectual property right, privacy right, publicity right or other such proprietary right of any person or entity or violate any contractual or fiduciary right or obligation owed to any person or entity;
  • use in connection with any actions or statements which defame, attack, abuse, stalk, threaten, intimidate or in any other way harass any person or entity or would otherwise be abusive, hateful or offensive to another person or entity;
  • use in connection with handling, distributing, downloading or accessing any statements or material that contains vulgar, profane, obscene, or otherwise objectionable language or images;
  • use in connection with any actions intended for hacking, data “mining” or “harvesting” relating to any user’s contact information or credentials, reverse-lookup or similar tracing relating to any user’s use of the Sites or any other illegitimate or prohibited means of procuring information of The Company or any other user,
  • use in connection with the transmission or perpetuation of any statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials;
  • use in connection with the transmission or perpetuation of any viruses, malware, spyware, adware or similar such malicious programs or any other activities designed to impede a person’s ability to use any of his or her equipment, networks, systems or technology or to grant unauthorized access to any of the foregoing by any other person or entity;
  • use in connection with any actions which misrepresent, disparage or otherwise improperly harm The Company or its reputation;
  • circumventing any security features within the Sites (or any related Company networks or systems) or otherwise attempting to gain any unauthorized access to any of the foregoing;
  • probing, scanning or otherwise testing the vulnerability of any of the Sites or any networks or systems connected to the Sites;
  • use in any manner which would reasonably be understood to imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or any related networks or systems or otherwise attempt to interfere with the proper working of the Sites, whether directly or through the use of any outside systems, device or other technology; or
  • use in connection with any actions which authorize or encourage another person or entity to do any of the foregoing.
  1. USER CREDENTIALS. Certain components of the Sites may require user IDs, login information, passwords or similar such credentials.  You agree you will only request and utilize such credentials if you are authorized to use the applicable component of the Sites, and you will only use such credentials for purposes of accessing the applicable component of the Sites.  You will hold all such credentials strictly confidential and not disclose such credentials to any other person or entity.  Furthermore, you agree you will not attempt, in any way, to obtain the credentials or other identifying information of any other user of the Sites, whether directly or through the use of any outside systems, device or other technology.
  2. EXCHANGING INFORMATION AND CONTENT. The Sites may provide opportunities to submit, share or provide information or content, whether directly with The Company or publicly. This may include blogs, contact links, inquiry submission forms, discussion forums, white paper and information requests, social media sites and similar such platforms.  Should you use any of those functionalities, or otherwise provide any information or content to the Company through the Sites or via any other mechanisms related to the Sites or the information contained in the Sites, you are providing such content at your own risk, and you grant to the Company and its affiliates, third party providers and licensors a fully paid up, transferrable, sublicenseable, non-exclusive license and right to post, modify, edit, incorporate, distribute and prepare derivative works from all such content as determined by the Company without any expectation or obligation of attribution or royalty.  By using the Sites, you agree that Company may disclose information and content shared with its affiliates and third party providers and licensors as the Company determines is necessary to utilize and enforce its rights and obligations under these Terms.  You represent and warrant that you have all necessary rights and permissions to provide any such content and to grant all of the foregoing rights to the Company and its affiliates, licensors and providers accordingly.  Furthermore, any content you provide will be considered to be provided on a non-confidential basis without restriction on usage by The Company.  The Company is not and cannot be responsible for the security, storage, backup or protection of any information transmitted, and you assume all risk and responsibility for transmitting or accessing any such information.   You also understand and agree that the Company may screen any posts or materials provided, but is not obligated to do so, and the Company retains the sole right to determine what use or display of your content, if any, may occur relating to the Sites.  The Company makes no commitment to utilize any information or content you may provide in any manner, and the Company reserves the right to delete any content which it believes in good faith violates any of these Terms without any prior obligation or notice.  NOTWITHSTANDING ANYTHING TO THE CONTRARY, UNLESS EXPRESSLY AUTHORIZED UNDER A SEPARATE AGREEMENT BETWEEN YOU AND THE COMPANY OR ITS AFFILIATES, THE EXCHANGE OF ANY REGULATED OR PERSONALLY IDENTIFIABLE INFORMATION (INCLUDING WITHOUT LIMITATION PROTECTED HEALTH INFORMATION, PAYMENT, FINANCIAL OR CARD ACCOUNT INFORMATION OR NON-PUBLIC PERSONAL INFORMATION) THROUGH THE SITES IS NOT AUTHORIZED.
  3. INTERACTION WITH OTHER TERMS OR AGREEMENTS. Certain portions of the Sites may be subject to additional use terms and conditions, including without limitation any terms of any third party components of the Sites, which are incorporated into these Terms by reference for purposes of such portions of the Sites and their usage.  In addition, you may enter into separate written agreements with The Company or its affiliates which may relate to use of the Sites.  The terms of such agreements and these Terms are intended to be read together, provided that in the event of direct conflict, the terms of that written agreement will control (but only as it relates to the specific use of the Sites authorized in that agreement).
  4. NO MINORS. The use of the Site is intended for use solely by individuals 13 years or older.  Please immediately leave the Sites if you are younger than that age.  If you allow your minor child or a child for whom you are a legal guardian to access any part of the Sites, you will be solely responsible for that minor’s conduct relating to the Sites and any breach of other consequences resulting, and you expressly agree that you will at all times appropriately monitor and control the online conduct of that minor in doing so.  Furthermore, the Company does not in any way intend to solicit information or to market any products and services to children through the Sites or to otherwise provide information to minors through the Sites.  You may not authorize or allow any minor to engage in any of the foregoing.  Please know there are parental control protections (including without limitation computer software and filtering services and hardware devices) which may assist you in such efforts (as further discussed in 47 U.S.C. § 230(d), as amended).
  5. USE OUTSIDE OF THE US. By using the Sites, you acknowledge and understand the Company is a company based and operating in the United States.  While you may use the Sites from locations outside of the United States, you expressly agree you will not use, access, transfer or export the Sites or any information herein in any capacity or manner which would violate any restrictions on the export or re-export (including any download or delivery) of any materials or technology into (or to a national or resident of) any U.S. embargoed country or anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (or cause the Company or any of its affiliates or providers to do any of the foregoing).   Furthermore, you may not use the Sites to transmit or provide any information or data of any person which is subject to any privacy laws or regulations outside of the United States.  By using the Sites or otherwise transmitting any such information or data to the Company, you are expressly agreeing and confirming that all such information is your personal information and you fully authorize and consent to the Company and its affiliates, providers and licensors to use such information in accordance with the rights set forth in these Terms and the Company’s Privacy Policy.    In addition to your other obligations under these Terms, you agree you will provide any necessary documentation confirming the foregoing to the Company and will promptly notify the Company in writing if you know that any such information has been or may have been disclosed to the Company in violation of any of the foregoing restrictions.
  6. NO AGENCY OR SIMILAR RELATIONSHIP. Neither these Terms nor the use of the Sites in any capacity establishes, or is intended to establish, any joint venture, partnership, employment, agency relationship or similar such relationship between you and the Company or any of its affiliates or licensors.  Furthermore, in no event do you have any right to present any materials or information on behalf of The Company to any other person or entity in any capacity or to otherwise take any action or inaction which would suggest any of the relationships or authority discussed in this paragraph exists or has otherwise been provided to you or any person or entity you represent by the Company or any of its affiliates or licensors.
  7. RELIANCE ON INFORMATION PRESENTED. The Sites may present information regarding The Company’s software, services and other solutions.  However, unless express stated otherwise (and without intending to limit these Terms), the information presented in connection with the Sites is presented for general information purposes only and is not a formal offer to contract or provide any Company software, services or solutions (or other products or services).  The Company does not and cannot guarantee that all information presented on the Sites will at all times be accurate or complete or address any individual needs or questions you may have.  To the full extent permitted under applicable law, the Company disclaims any and all responsibility and liability resulting from reliance on any information or materials presented in connection with the Sites.
  8. NOTICE OF USE IN VIOLATION. If you are aware or are reasonably suspicious that any breach of these Terms has occurred, you agree to notify The Company.  Also, it is a policy of The Company to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws.  If you become aware of materials, postings or other information contained within any of the Sites that violate any copyright or other intellectual property rights of you or any other person or entity, you may contact the Company as provided below.
  9. OWNERSHIP; NO LICENSE TO COMPANY SOLUTIONS. The Company (and its affiliates and licensors, as applicable) shall own all right, title and interest to all of its current and future products, services and solutions, business processes and strategies and similar such proprietary materials (including without limitation any patent, copyright, trademark, trade secret and other intellectual property rights in the foregoing and all rights in any derivative works of any of the foregoing). This includes any and all use of the Company’s trademarks, trade names, logos and similar such marks and designations, including without limitation the following (and any associated designs, logos and styling): Streamline Health®, Streamline Health® CDI™, Streamline Health® Physician Query™,  Streamline Health® Abstracting™, Streamline Health® eValuator™, Streamline Health® Audit & Reporting™, Streamline Health® Coding Audit Services™, Streamline Health® Financial Management™, Streamline Health® Accounts Receivable Management™, Streamline Health® Denials Management™, Streamline Health® Audit Management™, Streamline Health® Business Analytics™, and Streamline Health® Clinical Analytics™.  Nothing in these Terms is intended to grant to you (or any other person or entity) any ownership interest or other license or rights in any of the foregoing except for the access and use rights expressly granted in these Terms.  Furthermore, The Company shall be the sole owner of any and all derivative works of any of the foregoing, whether created by you, the Company or any other person or entity.  To the extent you may have contributed to the development of any of the foregoing and thus acquire a right or interest in such works or developments by operation of law or such right would otherwise be granted by operation of law, you hereby irrevocably assigns all such right and interest exclusively to The Company and shall take the actions and execute documents as reasonably necessary and sufficient to give effect to the terms of this paragraph (and shall cause any of your affiliates, personnel, contractors or other representatives to do the same, if applicable).
  10. The Company appreciates recommendations and feedback.  However, The Company cannot offer any type of compensation or other commitments if you choose to provide any such feedback.  Any feedback you provide will be deemed to be given to Streamline Health “gratis” and “in kind”, and are unrestricted and be deemed non-confidential and without obligation of payment, royalty or attribution for purposes of their use.  By transmitting or providing any such feedback, you expressly agree to the foregoing.  You also agree you will not submit any feedback which would infringe or otherwise violate any intellectual property or other proprietary right of any other person or entity.
  11. LINKS TO OTHER SITES; THIRD PARTY MATERIALS. The Sites may contain links to other sites or information from third parties or third party sources not under the Company’s control.  Such third party sites and information are provided for convenience purposes only.  The Company is not responsible or liable for any such links, site content or other information or materials that may be provided (or not provided) by such third party sites and sources.  The Company is also not responsible for maintaining or updating any links.  The Company expressly disclaims responsibility and liability for all third party provided materials, programs, products, and services contained within, linked from or otherwise accessed in connection with the Sites.  Furthermore, the Company does not endorse, oppose or provide any opinion regarding any third party or information or content of any third party that may be posted or otherwise accessed through the use of the Sites, including without limitation any information or content posted by any user.
  12. CLIENT PORTALS. For any components of the Sites consisting of The Company’s support and client portals and similar such interaction sites for clients of The Company’s solutions, your right to access such Sites is limited to the term of support services under your (or your company’s) written, binding agreement with The Company or its affiliates.  In addition to all other restrictions and obligations under these Terms and your written agreement with The Company or its affiliates, use of such Sites is limited solely for purposes of submitting support inquiries and/or receiving responses to submitted support inquiries in accordance with all Company support inquiry guidelines and protocols.  The Company reserves the right to modify the methods and features it provides through such Sites, and the Company may utilize third party sites, products and services in connection with such features.  If a third party site, product or service is involved, your use of such Sites also grants a limited, non-exclusive, non-transferable, royalty-free right to The Company and that third party to access and use all information, materials and content provided in connection with providing and improving the associated support services to you (and your company).  Such Sites components may be subject to additional terms from such third parties, as may be posted on the third party site or otherwise within the Sites.  Use of such third party Sites components is also subject to those terms.  In the event of conflict between such other terms and these Terms, the terms more restrictive on use and protective of The Company, the third party provider and their respective products, services and solutions shall prevail.
  13. UPDATE OF TERMS. The Company may update these Terms at any time by posting revised Terms to any of the Sites.  Your continued use of the Sites shall serve as your agreement to the revised terms, as further described above, effective as of the date such continued use occurs.
  14. RIGHT TO TERMINATE. Your access and use rights to the Sites and all information and functionality shall immediately terminate without the requirement of notice or other further action by The Company if you violate any of these Terms.  The Company also reserves the right to terminate your access to the Sites (in whole or in part) for any or no reason, subject to applicable law.  Upon termination, you must immediately cease any and all use of the Sites and destroy any copies of any information, materials or other components obtained in connection with your use of the Sites.  Upon the Company’s request, you will certify in writing your compliance with the foregoing.  All obligations which should survive by their nature shall survive any such termination, including without limitation all restrictions on use and access, reservations of proprietary rights and license rights regarding your content and information provided.  The Company reserves the right to record, view, review and otherwise monitor and track all use of the Sites by you, and you agree that The Company may collect, store and utilize such information as it deems appropriate for ensuring compliance with these Terms.
  15. DISCLAIMER. THE COMPANY WILL ENDEAVOR TO PROVIDE THE SITES AND THEIR CONTENT IN A REASONABLE MANNER WITH ACCURATE AND RELIABLE INFORMATION.  HOWEVER, THE SITES AND ALL CONTENT AND FUNCTIONALITY PROVIDED BY THE SITES, IS PROVIDED “AS IS” AND OTHERWISE “AS AVAILABLE” AND “WITH ALL FAULTS.”  YOUR USE OF THE SITES IS AT YOUR OWN RISK.  COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTIES, REPRESENTATIONS OR SIMILAR SUCH COMMITMENTS REGARDING THE SITES AND ALL SIE CONTENT AND FUNCTIONALITY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR COMMITMENT (EXPRESS OR IMPLIED) REGARDING ERROR-FREE AND UNINTERRUPTED OPERATION, WARRANTIES OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY, INTEROPERABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, AS THE FOREGOING MAY RELATE TO THESE TERMS AND ANY USE OF THE SITES OR ANY SITE CONTENT OR FUNCTIONALITY.  ALSO, COMPANY DOES NOT AND CANNOT GUARANTEE THAT CONTINUED ACCESS TO THE SITES OR ANY SITE CONTENT OR FUNCTIONALITY WILL REMAIN AVAILABLE AT ANY TIME.  COMPANY MAY REVISE, REMOVE OR OTHERWISE MODIFY THE SITES AND ALL SITE CONTENT OR FUNCTIONALITY AS COMPANY DEEMS APPROPRIATE.
  16. LIABILITY. TO THE MAXIMUM EXTENT AUTHORIZED UNDER APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF (OR INABILITY TO USE) THE SITES OR ANY CONTENT THEREIN, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FURTHERMORE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE TOTAL LIABILITY OF COMPANY AND ITS AFFILIATES AND LICENSORS, IN TOTAL FOR ANY AND ALL CLAIMS HEREUNDER AND FOR ANY REASON WHATSOEVER RELATED TO THESE TERMS AND/OR THE USE OF THE SITES OR ANY CONTENT THEREIN SHALL NOT EXCEED 500 USD.  YOU ALSO AGREE CLAIMS MUST BE BROUGHT WITHIN 12 MONTHS FROM THE DATE THE CLAIM FIRST ACCRUED.
  17. You agree to defend, indemnify, and hold harmless the Company and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, 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 and with a right to directly participate, at your cost, in any such defense) relating to or arising from any actual or alleged misuse or unauthorized access to the Sites, unauthorized disclosure of information in violation of these Terms and/or other breach of these Terms by you or by a third party directly authorized or caused by your act or omission.  You also agree to reasonably cooperate with the Company in responding to any inquiries by any court, government agency or other such body relating to any of the foregoing.
  18. GOVERNING LAW. These Terms and your use of the Sites are governed by the laws of the State of Georgia, U.S.A., without regard to its conflicts of laws principles.  The Company and you each hereby consent to the non-exclusive jurisdiction of the Federal and State Courts located in Atlanta, Georgia.
  19. REMEDIES. The Company reserves the right to take all legally available actions and pursue all available remedies if the Company believes in good faith you have violated these Terms.  You acknowledge that any breach, threatened or actual, of these terms may cause irreparable injury to the Company, and such injury would not be quantifiable in monetary damages, and the Company would not have an adequate remedy at law.  You therefore agree that the Company shall be entitled, in addition to other available remedies, to seek an injunction or other appropriate equitable relief from a court of competent jurisdiction regarding any actual or threatened breach of your obligations under these Terms without the obligation or requirement that the Company post any bond or other security.  Furthermore, by using the Sites, you understand and agree that actual or attempted unauthorized use of the Sites may result in criminal and/or civil prosecution.  Unless specified as a party’s sole and/or exclusive remedy, remedies set forth in this Agreement are cumulative.
  20. MISCELLANEOUS. These Terms represents the entire agreement between you and the Company with respect to use of the Sites, and, except as expressly stated otherwise herein, these Terms supersede any prior or contemporaneous communications, agreements or other such arrangements (whether written or oral) between you and the Company or any of its affiliates with respect to the subject matter hereof.  You may not assign your rights or obligations under these Terms to any other person or entity without the Company’s prior written consent.  Failure by a party to insist on strict performance of any of these Terms will not operate as a waiver of that or any subsequent default or failure.  If any provision of these Terms (in whole or in part) is found to be void, invalid, or otherwise unenforceable, such determination, such clause shall be modified to align as closely as possible to match the intent of the original language (within the requirements of applicable law) and shall not affect the remaining provisions of these Terms.  Headings are used for convenience only.  Any formal notice to the Company under these Terms should be made in writing, via certified mail or recognized national courier service, signature required, to: Streamline Health, 11800 Amber Park Drive; Suite 125; Alpharetta, GA 30009, Attention: CFO with a copy (which does not itself constitute notice) to Attention: Streamline Health Legal Department.