The Site Use and Restrictions
Your use of the Bravado Offerings includes a limited license granted hereunder. You acknowledge that title to and copyright in the Bravado Offerings is reserved by Bravado Health. You acquire no rights in any of the Bravado Offerings other than the limited rights to use them granted hereunder. For purposes of clarity, Bravado Health is and shall remain the sole owner of the Bravado Offerings (including, without limitation, all software code, business process and designs used therein). You further acknowledge that the Bravado Offerings may be modified or upgraded from time to time, and that you use the most recent version thereof.
Furthermore, you agree that your use of the Bravado Offerings is provided on a limited, non-exclusive basis. Except as authorized by Bravado Health in writing, you will NOT: (i) access or use the Bravado Offerings to provide products or services to third-parties for their commercial purposes; (ii) access or use the Bravado Offerings, or let your employees, relatives or others do so, except through the terms hereof; (iii) resell, sublicense, lease, encumber, copy, distribute, publish, exhibit, transmit, provide access to or provide use of the Bravado Offerings to any third party nor use or allow the Bravado Offerings to be used in any public system or public electronic bulletin board (unless agreed to by Bravado Health), multiple computer or user arrangement or network that includes access by any third party; (iv) derive specifications from, reverse engineer, reverse compile, disassemble, translate, record or create derivative works based on the Bravado Offerings; or (v) use the Bravado Offerings or any part thereof for any unlawful purpose or to mislead or harass anyone. Use of or access to the Bravado Offerings in violation of these terms is strictly prohibited. Permission to access or use the Bravado Offerings may be limited or suspended immediately if, in Bravado Health’s discretion, this Section has been violated. You agree that a violation of this Section will cause Bravado Health irreparable and immediate harm, and that Bravado Health is entitled to injunctive relief to prevent such violation. For purposes of this Section, a third party shall not include consultants, lawyers, accountants and part-time or temporary workers.
Your use of the Bravado Offerings may “time-out” during periods of non-use. This is a safety feature and does not mean that your use has been suspended.
The Offerings Do Not Provide Medical Advice or Assistance in Prescribing Medications
If you use the Bravado Offerings on a mobile device, the costs for and quality of the services that you receive are subject to the terms and conditions of the contract you have with your cellular carrier, and any service interruptions are controlled by your cellular carrier. Bravado Health does not and cannot ensure that you will have full use of the Bravado Offerings while using a mobile device and cannot assure you that your mobile access will be seamless and/or acceptable. For questions regarding use of the Bravado Offerings through your mobile device, please contact your cellular carrier.
Bravado Health maintains and staffs a customer service help desk that provides support for your use of the Bravado Offerings. If you are part of a large organization, you may also be assigned business and technical account managers to ensure your success in using the Offerings. Bravado Health’s support is available 8 am – 6 pm, Eastern time, Monday thru Friday. No support is offered on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving (Thursday and Friday) and Christmas (two days). Premium support is available for extra fees. For information on premium level support, please contact Bravado Health as specified below.
Use of Content
Your use of any content is subject to the terms hereof. If you copy content, you must include a copyright notice providing attribution to Bravado Health such as, for example: “copyright ©2018, Bravado Health. All rights reserved” or similar such notice. You must also give full attribution to Bravado Health’s editors and authors.
Bravado Health requires that clients use “ID Proofing” to validate the identity of users of its Bravado Offerings. If you are employed by or contract with a hospital or healthcare system, you must comply with its “ID Proofing Requirements.” If you are self-employed or part of a smaller organization, you must establish and abide by “ID Proofing Requirements” that comply with the protocols established under the National Institute of Standards and Technology (NIST 800-63 (v2 or higher)).
For purposes of clarity, IF YOU OR YOUR EMPLOYER DO NOT HAVE OR DO NOT USE “ID PROOFING” REQUIREMENTS” THAT COMPLY WITH NIST 800-63 (v2 OR HIGHER), DO NOT USE THE OFFERINGS. View NIST protocols.
Patient Data and Information
Neither you nor Bravado Health shall send, transfer, transmit, provide or in any way distribute patient health information concerning an identified or identifiable natural person to any third party, except as permitted hereunder to allow Bravado Health to provide its Bravado Offerings to you for your use; Provided, that, such transfer or transmission is performed in a legally permissible way and the data is sent in an encrypted format. Furthermore, you agree that Bravado Health may use any information that you upload to or run through the Bravado Offerings in any manner that it wishes including, without limitation, surveys, analysis of user workflows, data analytics, statistical studies/analyses, and other purposes; Provided, further, that, such data is aggregated and de-identified so as to entirely conceal (mask) any identifying information.
Should a breach of confidentiality occur, you and Bravado Health agree that the non-breaching party could suffer irreparable harm and the total amount of monetary damages for any injury to the non-breaching party may be impossible to calculate. Accordingly, you and Bravado Health agree that the non-breaching party shall be entitled to seek temporary, preliminary and/or permanent injunctive relief against the breaching party, its officers or employees and other remedies at law or in equity.
Terms used but not defined in this section shall have the meanings ascribed to them in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its associated rules and regulations including the “Privacy Rule,” the “Security Rule” and the “HiTech Act.”
Permitted Uses and Disclosures.
- Bravado Health shall not disclose PHI unless: (i) required by law; or (ii) it obtains commercially reasonable assurances from the person to whom the PHI is disclosed that it will be kept confidential and used or disclosed only as required by law
- Bravado Health shall limit its use, disclosure or request of PHI to the extent practicable to a Limited Data Set or, if needed, to the Minimum Necessary amount of PHI needed to accomplish the intended purpose of the use, disclosure or request.
Safeguards for the Protection of PHI
Reporting of Unauthorized Uses or Disclosures of PHI and Breaches of Unsecured PHI.
- Bravado Health shall report any successful security incident (defined below) of which it becomes aware and for which it is responsible not later than thirty (30) calendar days after discovery thereof. For the purposes of this Agreement, a “successful security incident” is the successful, unauthorized access, use, disclosure, modification or destruction of your PHI.
- Bravado Health shall initially notify you of a Breach of unsecured PHI within ten (10) calendar days after discovery thereof, during which time Bravado Health will prepare a Breach notification in accordance with 45 C.F.R. 164.410, if applicable. The notification shall include the following, to the extent possible:
- a brief description of the event including the date of the Breach and the date of its discovery; and
- the types of unsecured PHI involved in the Breach (e.g., name, diagnosis, social security number, etc.)
- a brief description of steps taken by Bravado Health to investigate, mitigate and protect against further Breaches.
- Bravado Health shall have no obligation to correct or mitigate any unauthorized use or disclosure of PHI caused by you, unless such unauthorized use or disclosure was proximately caused by Bravado Health’s material breach hereof.
- You shall be responsible for notifications made to any third-party to whom notification is required including, without limitation, state or federal regulators or affected individuals whose PHI is subject of a notification, etc.
Use of Subcontractors
Authorized Access to PHI
To fulfill your obligations under the Privacy Rule, Bravado Health shall make PHI available to you during normal business hours and at your expense for inspection or copying within ten (10) calendar days of your request. If an Individual requests inspection or copying of PHI directly from Bravado Health or its agents or subcontractors, Bravado Health shall notify you in writing within thirty (30) business days of receipt of such request.
Amendment to PHI
If Bravado Health is able to amend PHI to help you fulfill your obligations under the Privacy Rule, Bravado Health shall amend such PHI within twenty (20) calendar days of such request at your expense. If an Individual requests amendment of his/her PHI directly from Bravado Health or its agents or subcontractors, Bravado Health shall notify you in writing within ten (10) business days of receipt of such request and provide you with a copy of the request. Bravado Health shall not knowingly or intentionally modify any PHI absent your consent.
Accounting of Disclosures of PHI
If Bravado Health is able to account for disclosures of PHI, it shall keep records of all disclosures made by it (the “Disclosure Accounting”) on an ongoing basis for six (6) years or for such other period of time as may be specified by HHS or by rule, except for disclosures:
- To carry out Treatment, Payment or Health Care Operations as provided in 45 C.F.R. 164.502; Provided, however, that, Bravado Health shall, if required by the HITECH Act and the accompanying regulations, keep a record of disclosures to carry out Treatment, Payment or Health Care Operations made via an electronic health record for at least three (3) years; or
- As otherwise excluded and as described at 45 C.F.R. 164.528(i)-(ix), Bravado Health shall provide the Disclosure Accounting to you (i) no later than thirty (30) days after receipt of written request for such Disclosure Accounting by you pursuant to 45 C.F.R. 164.528, or (ii) in accordance with HIPAA.
Electronic Copies of PHI
If Bravado Health uses or maintains PHI in an Electronic Health Record, it shall provide you with a copy of such information in an electronic and agreed format at your expense within twenty (20) calendar days of your request.
Application of Obligations that Require Access to PHI
The obligations of Bravado Health hereunder that are derived from the Privacy Rule, and privacy provisions of Sections 13404, 13405 and 13406 of the HITECH Act and that require access to PHI, shall apply to Bravado Health only to the extent that it has access to PHI sufficient to allow it to fulfill such obligations.
Your Obligations Regarding PHI
- You shall notify Bravado Health of any restriction on the use or disclosure of PHI to which you have previously agreed under 45 C.F.R. 164.522(a)(1) and any restrictions on disclosure with which you must comply under the HITECH Act if such restriction may affect Bravado Health’s use or disclosure of PHI.
- You shall notify Bravado Health of any limitation(s) in your notice of privacy practices under 45 C.F.R. § 164.520 if such limitation may affect Bravado Health’s use or disclosure of PHI.
- You shall not request that Bravado Health use or disclose PHI in any manner that would not be permissible under HIPAA if done by you.
- You shall comply with HIPAA regarding your use of or access to PHI and will indemnify Bravado Health for your breach of HIPAA if such breach results in claims being asserted against Bravado Health.
De-Identification and Aggregation
You authorize Bravado Health to use or sell the PHI that you maintain through the Bravado Offerings on an aggregated and de-identified basis for, without limitation, reports, studies, analytics and statistics. The term “de-identify” means that the PHI is stripped of information that enables a third person from identifying you or your patient, and instead consists solely of raw data about you and/or your patient with no identifiers or tracers.
Bravado Health Disclaimers
The Bravado Offerings are provided on an “as is” basis. BRAVADO HEALTH AND ITS LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Bravado Health, its licensors and suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, current-ness or timeliness of the content, software, text, graphics, links or communications provided on or through the use of the Bravado Offerings.
- The satisfaction of any government regulations regarding privacy or other matters, and the use of content that you provide regarding you or your patient (if you are a healthcare provider).
Your ability to access and use the Bravado Offerings relies on your availability of internet access and internet service providers over whom Bravado Health has no control. Accordingly, Bravado Health assumes no liability relating to the delay, failure, interruption or unavailability of the Bravado Offerings due to your inability to access the internet or issues experienced by your internet service provider.
Limitation of Liability
IN NO EVENT SHALL BRAVADO HEALTH, ITS LICENSORS, SUPPLIERS OR THIRD PARTIES WHOSE SOFTWARE OR SERVICES ARE PROVIDED THROUGH BRAVADO HEALTH BE LIABLE FOR DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA), DUE TO USE OF OR INABILITY TO USE THE OFFERINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORIES, AND WHETHER OR NOT BRAVADO HEALTH, ITS LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED IN THE OFFERINGS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BRAVADO HEALTH, ITS LICENSORS, SUPPLIERS AND THIRD PARTIES WHOSE PRODUCTS OR SERVICES ARE USED OR ACQUIRED BY YOU HEREUNDER SHALL BE LIABLE ONLY FOR ACTUAL, DIRECT DAMAGES INCURRED BY YOU NOT TO EXCEED U.S. $10,000. BRAVADO HEALTH, ITS LICENSORS, SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE BRAVADO HEALTH SITE ARE NOT LIABLE FOR PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE OFFERINGS OR CONTENT. ANY CLAIMS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
Bravado Health Indemnity
Subject to the above limitation of liability, Bravado Health will indemnify and defend you, and your officers, directors, trustees, employees and agents (the “Customer Indemnitees”), from and against any claims, suits, judgments, proceedings, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and other reasonable costs and expenses) awarded in an action brought against the Customer Indemnitees, and the reasonable costs associated with its settlement of any such matter arising from or relating to its: (i) breach of confidentiality; (ii) gross negligence; (iii) willful misconduct; or (iv) a claim that the Bravado Offerings infringe any copyright, patent or other intellectual property rights of a third party. Notwithstanding the foregoing sentence, Bravado Health will not enter into any settlement, without your prior written consent, unless all third-party claims against you are released without any further liability on your part.
To the extent permitted by law, you will indemnify and defend Bravado Health, and its officers, directors, trustees, employees and agents, from and against any claims, suits, judgments, proceedings, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and other reasonable costs and expenses awarded in an action brought against Bravado Health, and the reasonable costs associated with its settlement of any such matter, directly or indirectly, arising from or relating to: (i) your breach of confidentiality; (ii) your gross negligence; (iii) your willful misconduct; or (iv) a claim that your intellectual property, when combined with the Bravado Offerings, infringe any copyright, patent or other intellectual property rights. Notwithstanding the foregoing sentence, you will not enter into any settlement, without Bravado Health’s prior written consent, unless all third-party claims against Bravado Health are released without any further liability on Bravado Health’s part.
The foregoing indemnification obligations of Bravado Health relating to third party infringement shall not apply: (a) if the Offerings are modified or used by you other than in a manner that is not recommended, authorized in writing or required by Bravado Health, and where such modification or use is the basis of the third party claim; and (b) the Offerings are combined or bundled with any non-Bravado Health products, processes or materials that were not recommended, authorized or provided by Bravado Health, if such liability would not have arisen but for such combination or bundling.
Bravado Health has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized persons have access to your Bravado Health passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor and control access to and use of your Bravado Health account and password; (3) promptly inform Bravado Health if you believe your account or password has been compromised, or if there is another reason to deactivate a password; and (4) supervise the use of the Offerings by children under the age of 18 for whom you are a parent or guardian.
Jurisdiction and Governing Law
You agree that any dispute with Bravado Health relating to your use of the Bravado Offerings and/or third-party offerings resides in the federal or state courts within Palm Beach County, Florida. You further agree and consent to the exercise of personal jurisdiction against you in the federal or state courts of Palm Beach County, Florida for any claim involving Bravado Health, a third-party provider or their affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Notice and Takedown Procedures; Copyright Agent
If you believe any materials accessible through the Bravado Offerings infringe your copyright, you may request their removal by contacting Bravado Health, and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative. Bravado Health’s agent for copyright issues relating to this web site is as follows:
312 Clematis Street, Suite 301
West Palm Beach, FL 33401
Attn.: Customer Support
Bravado Health is based in the United States of America, with principal offices in West Palm Beach, Florida. Bravado Health makes no claims that use of the Bravado Offerings is appropriate or may be used outside of the United States. If you access the Bravado Offerings from outside of the United States, you do so at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
All provisions hereof survive the expiration or termination of this Agreement for any reason whatsoever in order to protect the rights of Bravado Health.
Updated on June 19, 2018