Terms of Service

All users of this web site and software, as well as the

My DME Supplier®

web portal and all related products and services (collectively hereafter, the "Service"), are subject to the following terms and conditions of use (these "Terms of Use" ).



Please read these Terms of Use carefully before accessing or using any part of the Service. By accessing or using the Service, you agree that you have read, understand, and agree to be bound by these Terms of Use, as amended from time to time, and agree to be bound by

My DME Supplier®Privacy Policy which is hereby incorporated into these Terms of Use.

If you do not wish to agree to these Terms of Use and/or the

My DME Supplier®

Privacy Policy, do not access or use any part of the Service.


1. Definitions

        (a) Aggregate Data.  Aggregate Data is PHR Data that: (1) has names and other identifiers removed or altered and (2) is grouped so it does not identify or connect to you as an individual. In other words, Aggregate Data is information that does not identify an individual Services user.

        (b) Authorized Individuals. An Authorized Individual is an individual whom you authorize to access

My DME Supplier®

on your behalf

        (c) Authorized Individual-Representative. An Authorized Individual Representative is an individual who has authority to create and manage a My DME Supplier® account on behalf of a Clinic and patients of the Clinic and is otherwise a duly authorized legal representative and employee of the Clinic.

        (d) PHR. "PHR" stands for Personal Health Record. A PHR is an electronic health data application that can help collect, manage, and share health information of patients of the Clinic. The

My DME Supplier®

may be available via mobile application and the Internet and will contain to the extent that is allowed some parts of patient PHR of the Clinic.


        (e) PHR Data. PHR Data means any information in the My DME Supplier® system. PHR Data includes, but is not limited to the following:
                (1)  name and contact information, such as address, phone number, or email address
                (2)  medical history, conditions, treatments, equipment and medications
                (3)  healthcare claims, health plan account numbers, bills, and insurance information
                (4)  Demographic information, such as age, gender, ethnicity, and occupation
                (5)  Computer information, such as your IP address and "cookie" preferences
                PHR Data includes Personal Information as defined at 1(f) and Aggregate Data as defined at 1(a).

        (f) Personal Information. Personal Information includes PHR Data, as well as any other information that can be reasonably linked to a patient, such as name, health information, and other identifiers. Personal Information may also include but is not limited to financial information or social security number of a patient.

        (g) Provider. A healthcare provider, healthcare practice, or hospital that is authorized to provide information to the

My DME Supplier®

service. When a user signs up for the Service, the Practice is providing authorization for a healthcare provider, practice or hospital, and associated authorized users, to send and use PHR Information to the Service.



        (h) Service. The Service includes the

My DME Supplier®

and all related products, web portal and services.



        (i) Service Provider. A Service Provider is an entity that is hired by

My DME Supplier®

to perform certain functions for the Service to support the development, maintenance, and implementation of

My DME Supplier®

Service. Service Providers may include software or website designers and data storage providers as authorized by

My DME Supplier®

.

        (j) You or Your. You or Your when used herein is defined as the authorized as a Authorized Individual-Representative for the clinic who requests and is given a valid User I.D. and password for the

My DME Supplier®

System.

2. Your Agreement with The Orthopedic Marketplace, LLC



My DME Supplier®

is provided by The Orthopedic Marketplace, LLC, located at 2148 Pelham Parkway, Pelham, AL 35124 operating in Shelby County Alabama ("TOM"). All references to TOM include its subsidiaries or affiliates involved in providing the Service. Your use of the Service is subject to these Terms of Use, the My DME Supplier® Privacy Policy, and such other terms as you may agree to from time to time as the Terms of Use, Service and Privacy Policy are amended by TOM.

My DME Supplier®

may change these Terms of Use at any time by posting the amended Terms of Use to the

My DME Supplier®

web site or portal and providing a notice on the website that the Terms of Use has changed. If you do not agree to the Terms of Use as amended, you may stop using the Service and cancel your account. Your continued use of the Service after the date the amended Terms of Use is posted will constitute your acceptance of the amended Terms of Use.



3. Your Account

.

You must provide accurate and complete registration information when you register to use the Service. You are responsible for the security of your passwords and access to your user I.D. as well as for any use of your account.

My DME Supplier®

reserves the right to restrict who is eligible for an account. The Service reserves the right in its sole discretion to determine who may qualify for an account and reserves the right to reject or revoke any account at any time without liability.

My DME Supplier®

may enable you to use the Service for all patients of your Clinic of which you have legal authority to do so. You may only do so if you are the Authorized Individual, and by doing so, you certify that you have such authority.

My DME Supplier®

may enable you to give access to your account to Authorized Individuals. When you give access to an Authorized Individual, you grant permission to such Authorized Individual to access the information contained within, and/or perform certain transactions through, the Service. You are solely responsible for the acts or actions of any Authorized Individual who accesses the Service through your account.



4. Your Use of the Service

.

My DME Supplier®

currently provides the general use of and access to the Service for a specific charge. However,

My DME Supplier®

in the future may charge fees for additional use of certain new features and functionality of the Service as the Service is further developed and additional functionality is added. Generally, at any time in its sole discretion,

My DME Supplier®

may charge fees for access to all or any part of the Service. In no event will you be charged for access to the Service unless

My DME Supplier®

obtains your prior agreement to pay for such access. All new fees, if any, will be posted in appropriate locations on the Service.



My DME Supplier®

reserves the right to change its fees, if any, from time to time in its discretion.


5. Collection of Your Information

.

PHR Data may be entered into the Service directly or via data transfer from a third-party repository, such as a Provider's electronic health records or other third-party Provider sources, as further described below. With respect to PHR Data collected from third-party sources,

My DME Supplier®

, collects such information with your specific written authorization to do so. When accepting these Terms of Use, you provide such authorization. Please note, if any PHR Data is released by an authorized third‑party source Provider to the Service and later invalidated by the third-party source,

My DME Supplier®

reserves the right at the request of the third‑party source, to remove that PHR Data from

My DME Supplier®

.


6. Not an Emergency Service

.

Communications with Providers through My DME Supplier® are not necessarily in "real-time", and should not be used for urgent or emergency situations. The Service does not provide any medical services. The Service does not provide emergency or urgent medical services. PLEASE CALL 911 OR A HEALTH CARE PROVIDER IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR IF YOU NEED URGENT CARE.


7. Use of Information

.

When you provide Information through the Service, you provide My DME Supplier® authorization to use and distribute it in connection with the Service. However,

My DME Supplier®

may use Personal Information only as permitted by the Privacy Policy, these Terms of Use, and applicable law. Because the Service and Information that is added into the Service is controlled by you and remains with your Clinic so long as you choose, regardless of its connection to any health care provider or patient. But the information within the System is considered Personally Identifiable Information that is governed by the privacy and security standards of the FTC and its Health Breach Notification Rule. The FTC requires companies to follow their written privacy policies and agreements with consumers. In the event of a Breach of a consumer's Personally Identifiable Health Information,

My DME Supplier®

is required to notify the consumer and the FTC of the event in accordance with 16 C.F.R. - 318. It is believed that the health information within the

My DME Supplier®

PHR is also subject to the separate requirements of HIPAA. As such, the health information within the

My DME Supplier®

Service will generally be treated as confidential on a commercially reasonable basis.

My DME Supplier®

may use non-identifiable anonymous data that is taken from Personal Information provided and combine it with other anonymous data to create what is referred to as "Aggregate Data" that may be disclosed to third parties. Aggregate Data is information that describes the habits, usage patterns and/or demographics of users as a group but does not reveal the identity of particular users. Aggregate Data will be used to determine such things as user demographics and usage patterns for our services.

My DME Supplier®

may use Aggregate Data within

My DME Supplier®

to understand the needs of the My DME Supplier® community of users and determine what kinds of programs and services we can offer to you. As described further below,

My DME Supplier®

may use your PHR Data to:(1)Operate and manage the

My DME Supplier®

platform, software, and website and develop new software and platforms (2)Maintain and protect its computer systems (3)Comply with the law, such as responding to subpoenas and court orders.



8. Provider Access



As part of the Service, you may authorize your participating Providers to provide Personal Information about patients from the Providers' electronic health records or from your input of information into the Service. You may use the Service to share certain Personal Information with such Providers. You may use the Service to communicate with such Providers. You understand that any decision to use the Service in such ways is entirely voluntary. You understand that if you authorize a Provider to access Personal Information in the Service and communicate with you via the Service that Provider may permit its/his/her staff and other authorized users within its/his/her facility or office to use the Service to access Personal Information and communicate with you as well.

My DME Supplier®

relies on the Providers authorized by you to confirm that they meet the criteria for participating in the Service. You acknowledge and agree that

My DME Supplier®

is not responsible for any such entity misidentifying itself or any misuse of the data by such health care providers or their authorized personnel.

My DME Supplier®

' sole liability and sole responsibility shall be to discontinue access to any entity or individual which

My DME Supplier®

learns misidentified itself/himself/herself or is otherwise misusing PHR Data. You may revoke any Provider's, other third-party's, or Authorized Individual's permission to (a) communicate with you through the Service; (b) request information from you or the

My DME Supplier®

through the Service; or (c) provide Personal Information to your

My DME Supplier®

by utilizing the connection management features of the Service. However, copies of all of Personal Information previously disclosed to such Providers, third parties, or Authorized Individuals and incorporated into such Providers', third-parties', or Authorized Individuals' records, if any, may remain in such records. My DME Supplier® cannot, and has no obligation to, remove such information from the Provider's, third-parties, or Authorized Individuals' records. Privacy Policy

My DME Supplier®

is relying on you to review and assess the qualifications of your Providers and Authorized Individual and to make appropriate decisions with respect to Authorized Individuals.

My DME Supplier®

does not examine the credentials of, perform background checks on, or give its endorsement to any Provider or Authorized Individual. All such decisions on qualifications remains with you.


9. Authorized Individuals

.

You may grant access to

My DME Supplier®

account to one or more Authorized Individuals. You may grant an Authorized Individual access to the Service by specifically authorizing

My DME Supplier®

to permit access by such Authorized Individual to the Service through your account. When you grant access to an Authorized Individual, you may permit the Authorized Individual to have the same level of access to your

My DME Supplier®

account as you have, i.e., the Authorized Individual shall be authorized to access the Service and to communicate with Providers and/or engage in other transactions with Providers to the same extent that you are able using the Service. You acknowledge and agree that: (a) you are solely responsible for verifying the identity of and monitoring the use by, any Authorized Individual you select; and (b)

My DME Supplier®

has no responsibility or liability in connection with any access to, or use of, your account and information by any Authorized Individual.



10. Third-party Content & Services

.

My DME Supplier®

may make third-party services available through the Service. For example,

My DME Supplier®

may enable you to integrate your information with third-party personal health records. Third-party Service Providers may include both Providers and other entities. You are solely responsible for reviewing and approving each such third-party before sharing your Data through the Service or otherwise allowing them to access it. If you elect to use any service My DME Supplier® adds to or enables within the Service, such election constitutes your authorization and consent to sharing your Information with all authorized third-parties.

My DME Supplier®

is not responsible for and does not endorse any third-party content or services, and does not make any representations or warranties regarding their quality, content or accuracy.

My DME Supplier®

further does not endorse any third-party Service Providers (including Providers), products, services, opinions, or web sites accessed through the Service. USE OF THIRD-PARTY SERVICES AND RELIANCE ON THEIR CONTENT IS SOLELY AT YOUR OWN RISK.

MY DME SUPPLIER®

MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.


11. Not Medical Advice. No Responsibility for Accuracy of Data.

.

You acknowledge and agree that neither

My DME Supplier®

nor the Service offers medical advice. Any content or data accessed through the Service is for informational purposes only and is not a substitute for the professional judgment of health care providers and your clinic staff in diagnosing and treating patients. My DME Supplier® , its licensors and Service Providers are not responsible for the accuracy, timeliness, or completeness of your Information, or for any reliance by you or any medical professional on the Information within the Service. My DME Supplier® is not responsible for any Provider's reliance or non-reliance on your data and input, records, personal information, PHR Data or the accuracy thereof.


12. My DME Supplier® Proprietary Rights

.

My DME Supplier®

and its licensors own all proprietary rights to the Service and all content and technology related thereto, except for Personal Information and PHR Data, of your Clinic.

My DME Supplier®

grants you a personal, revocable, nonassignable, and non-exclusive license to use the Service in accordance with these Terms of Use. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of My DME Supplier® ' TOM or any licensors' proprietary material in the Service without the prior written consent of

My DME Supplier®

. Except as expressly set forth herein, you have no right, title or license to any of Tom,

My DME Supplier®

' or a licensors' intellectual property.


13. Restrictions on Use

.

Your use of the Service and any content accessed or submitted through the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. Specifically you agree not to do any of the following: (a) upload to or transmit on the Service any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Service to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail or messages not intended for you; (d) misrepresent an affiliation with any person or organization; (e) upload to or transmit on the Service any advertisements or solicitations of business; (f) restrict or inhibit use of the Service by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via this Service; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including e-mail addresses) without their consent; (i) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Service or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Service); (j) post "spam", transmit chain letters or engage in other similar activities; (k) advocate illegal activity or discuss an intent to commit an illegal act; (l) disobey any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of this Service or any networks connected to this Service; (m) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; (n) upload to or transmit on the Service any hyper links to other sites that contain content that falls within the descriptions set forth in this Section; (o) access the Service other than by the interfaces provided by My DME Supplier® ; (p) create, transmit, or display health or other information that you do not own or do not have the right to use; or, (q) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by

My DME Supplier®

, may harm

My DME Supplier®

or users of the Service or expose them to liability. You further agree that you will not: (i) use any device, software or routine that interferes with the proper working of the Service, (ii) attempt to interfere with the proper working of the Service, (iii) take any action that imposes an unreasonable or disproportionately large load on

My DME Supplier®

' infrastructure, or (iv) access, reload or "refresh" transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.


14. Modification and Termination

.

My DME Supplier®

may place limits on, modify, suspend or terminate all or any portion of the Service at any time without prior notice. Additionally, and notwithstanding the rights you may have to the Personal Information and/or PHRData in your Clinic records, if any,

My DME Supplier®

may cancel your account and delete all data associated with your account at any time, and without notice, if we deem that you have violated the terms of this agreement. The connection to Providers may be modified, suspended, or terminated by a Provider at any time and without notice. Accordingly, you are solely responsible for maintaining your own copies of any PHR Data or Personal Information maintained within the Service or of any communications received through the Service.

My DME Supplier®

assumes no liability for any information removed from the Service. My DME Supplier® also has the right to maintain and/or destroy all data associated with your account in accordance with its then current document retention and destruction policies. Upon any termination of your access to the Service, you must cease all use of the Service.


15. Exclusion of Warranties

.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER

MY DME SUPPLIER®

NOR ANY OF MY DME SUPPLIER® ' LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER

MY DME SUPPLIER®

NOR ANY OF

MY DME SUPPLIER®

'LICENSORS OR SERVICE PROVIDERS MAKES ANY WARRANTY THAT THE CONTENT IN THE SERVICE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION PRODUCTS. CONTENT IN THE SERVICE IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER

MY DME SUPPLIER®

NOR ANY OF

MY DME SUPPLIER®

' LICENSORS OR SERVICE PROVIDERS MAKES ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.


16. Limitation of Liability

.

NEITHER MY DME SUPPLIER®

NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN SERVICE, WHETHER OR NOT THERE IS NEGLIGENCE BY MY DME SUPPLIER® AND WHETHER OR NOT MY DME SUPPLIER® HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NEITHER

MY DME SUPPLIER®

NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.


17. Law and Venue

.

These Terms of Use are governed by Alabama law. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THE SERVICE IS THE STATE AND FEDERAL COURTS LOCATED IN SHELBY COUNTY, ALABAMA. YOU CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief


18. General Legal Terms

.

For purposes of clarification, these Terms of Use are for end users of the Service. From time-to-time,

My DME Supplier®

may require licensees of components of the Service and other

My DME Supplier®

offerings to enter into a separate agreement with

My DME Supplier®

related to such components or offerings. If there is any conflict between such agreement and these Terms of Use, the separate agreement will control with respect to the specific product or service.

My DME Supplier®

licensors and Service Providers are third-party beneficiaries to these Terms of Use. If

My DME Supplier®

provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict. Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose. The other provisions of these Terms of Use shall remain in full force and effect.