Terms and Conditions

CONNECT (“CONNECT”, “we”, “us”, or “our”) is a technology platform designed to facilitate the secure transfer of health information between electronic health records systems.

By clicking the ‘I Agree’ button, and/or by installing the CONNECT software (“Software”), you agree and acknowledge that you have read this End User License Agreement and Terms and Conditions (the “Agreement”), understand its terms, and agree to be bound by the terms and conditions contained in this Agreement, and you agree to be bound by this binding Agreement between you and CONNECT. If you do not agree with any terms or conditions of this Agreement, you should reject them by not clicking the ‘I Agree’ button and/or by not installing or using this Software.

Furthermore, you agree and acknowledge that your use of and access to the Software is subject to any and all terms and conditions in our Privacy Policy, which may be updated from time to time in the sole discretion of CONNECT. Our Privacy Policy may be viewed here: https://kms-healthcare.com/connect/privacy-policy/

a. Scope of License: CONNECT grants to you a nontransferable license to use the Licensed Application on any products that you own or control for your own personal purposes. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your device to a third party, you must remove the Licensed Application from the device before doing so. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, 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 the Licensed Application).

b. Consent to Use of Data: You agree that CONNECT may collect and use data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. CONNECT may use this de-identified information to improve its products or to provide services or technologies to you.

c. Limitations Related to Protected Health Information. Federal law requires certain safeguards to protect the privacy of health information and information that could be used to identify an individual (e.g. information related to a medical condition, medical treatment or medical services received, social security number, date of birth, name, address, etc.). This information is referred to as Protected Health Information (“PHI”) under the Health Insurance Portability and Accountability Act (“HIPAA”). CONNECT uses encryption technology to ensure the privacy of the PHI and other identifying information (collectively, the “Data”) you enter on or through the Software as part of the services provided herein. SO LONG AS YOU USE THIS SOFTWARE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, CONNECT WILL NOT HAVE ACCESS TO ANY PHI. AS CONNECT WILL NOT HAVE ACCESS TO PHI, CONNECT IS NOT A BUSINESS ASSOCIATE UNDER HIPAA.

d. Security. You are responsible for maintaining the confidentiality of your log-in and password credentials and ensuring you access this Software through secure systems when transmitting information. You acknowledge that you are responsible for all activity that occurs under your username and password log-in credentials. CONNECT is not responsible or liable to you in any way if your information is intercepted by an unauthorized person, whether through public places, at home, business or other locations of access. CONNECT is not responsible or liable for any loss or damage caused, or expense incurred, by you as a result of your failure to safeguard your log-in and password credentials. You should immediately notify CONNECT if your account username and password has been stolen or otherwise compromised. Accordingly, by using this Software to store or communicate any PHI, you, and not CONNECT, assume full responsibility for the security of that information.

e. Termination. This Agreement is effective until terminated by you or CONNECT. Your rights under this Agreement will terminate automatically if you fail to comply with any of the terms of this Agreement. In the event CONNECT no longer offers support services for the Software, you are still entitled to use the Software on your own in accordance with this Agreement or as otherwise agreed to between the parties. In the event you select any services set for auto-renewal payments, said payments will be withdrawn automatically under the applicable timeframe described on the website or an invoice, as applicable. As the user, you may cancel auto-renewal payments at any time, however payments already made will not be refunded and the cancellation will only affect any auto-renewal payments that would occur in the future without the cancellation. This ability for you to cancel auto-renewal payments does not apply to agreed upon payment plans or different payment terms specifically addressed in any invoice that may differ from this policy.

f. External Services. The Licensed Application may enable access to CONNECT’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. CONNECT is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by CONNECT or its agents. You shall not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of CONNECT or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that CONNECT is not responsible for any such use. External Services may not be available in all languages and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. CONNECT reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

g. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

h. Assumption of Risk. You acknowledge that this Software is designed to facilitate the transfer of encrypted PHI, but under no circumstances does this related data constitute medical advice. By granting you the right to use this Software, CONNECT does not assume any obligation or liability related to the diagnosis or treatment of patients or the provision of medical advice. Under no circumstances shall CONNECT be liable for any death or bodily injury that a patient suffers or that you cause to any third party in connection with your use of this Software or related to any action or inaction you take in connection with your use of this Software or other related CONNECT products. Furthermore, you acknowledge and agree that prior to using any CONNECT associated products that you shall read all labels, instructions, directions, and/or warnings relating to, or used in conjunction with, this Software.

i. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CONNECT BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PRIVACY RELATED CLAIMS OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION OR ANY RELATED PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall CONNECT’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ten dollars ($10.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. You acknowledge that CONNECT is not required or responsible to refund any fees paid to CONNECT and that CONNECT has a strict no refund policy with regards to its Software. In the event you are dissatisfied with the Software or any element thereof you are encouraged to contact us at support@kms-connect.com to discuss your situation and/or issues with the Software.

j. User Submitted Information. You acknowledge that you have read our Privacy Policy for additional information on CONNECT’s practices regarding the data you input or upload to the Software through your use of, and in connection with, the Software. When you decide to provide information to register for or participate in this Software, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you. Furthermore, you acknowledge that you, and not CONNECT, assume full responsibility for the accuracy and security of any information that you enter into the Software and that you will check the accuracy of the e-mail address and other information prior to using any services of CONNECT.
You agree that you will not upload or transmit any communications or content of any type to any public areas that infringe or violate any rights of any party. By submitting communications or content to a public area, you agree that such submission is non-confidential for all purposes.
CONNECT Restrictions on Exportation. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.

l. Commercial Products. The Licensed Application and related documentation are “Commercial Products”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Products and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

m. Reservation of Rights. Except for the limited rights expressly granted in this Agreement, CONNECT reserves all rights, title, and interest in and to any intellectual property as part of any additional services CONNECT provides to you through the website, software, add-on services, or any other associated platform. No rights are granted to you other than as expressly set forth in this Agreement.

n. Governing Law and Venue. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and CONNECT shall be governed by and construed under the laws of the State of Georgia, excluding its conflicts of law provisions. You and CONNECT agree to submit to the personal and exclusive jurisdiction of the federal and state courts, as applicable, located within Fulton County, Georgia to resolve any dispute or claim arising from this Agreement.

o. Complete Agreement, Waiver, Severability, Miscellaneous. This Agreement supersedes all proposals, oral or written, all negotiations, conversations, discussions and all past course of dealing between you and CONNECT relating to the Software. In the event any term of this Agreement is held by a court of competent jurisdiction not to be enforceable, such unenforceability shall not affect the remaining terms of this Agreement in such jurisdiction or render unenforceable or invalidate such terms and provisions of this Agreement in other jurisdictions. Upon such determination that any of the terms or provisions of this Agreement are held to be invalid under any applicable statute or rule of law, they shall be severed from this Agreement and the remaining provisions of this Agreement shall be interpreted so as best to reasonably effect the intent of the parties and the parties agree to replace any invalid or unenforceable provisions in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. No waiver of any right or obligation contained herein shall be given except in writing signed by the party against whom the waiver is sought to be enforced. You may not assign, sublicense, or transfer this Agreement without the prior written consent of CONNECT. Any such attempt by you to sublicense, assign or transfer any rights, duties, or obligations contained within this Agreement shall be null and void.