SAFEKEEPING & HOW'S MOM™
Last Updated January 31, 2020
SafeKeeping Inc. ("SafeKeeping") helps families and authorized representatives monitor the health and wellness of their loved ones in the care of medical facilities including, but not limited to, long-term care (LTC), assisted living, memory care, hospice, and home health ("Medical Service Providers"). By integrating with Medical Service Provider records, including electronic medical records (EMRs), SafeKeeping securely delivers patient data from Medical Service Providers to designated family members’ or authorized representatives' computers and mobile devices.
Acceptance of Terms
Use of the Services
User Authorization and Registration
Except as expressly set forth in this Agreement, you will protect the confidentiality of the Services and any Content obtained through the Services, and will not distribute or otherwise make available the Services, or any portion of the Services, in any form to any third party. Any rights you may possess in the Services expire upon expiration or termination of this Agreement. You will employ the security measures necessary to prevent unauthorized users from accessing the Services including your user ID and password (“Login Information”). You are solely responsible for the maintenance and protection of your Login Information. You accept responsibility for and will be liable for all access to the Services in connection with your Login Information. Without the prior written consent of SafeKeeping, you will not utilize the services of any third party to assist you in using the Services. Further, you will be responsible for all activities that occur under or in connection with your account and your use of the Services. If you learn of any unauthorized use of your password or SafeKeeping account, follow these instructions. If your account was assigned to you by an administrator, please contact your administrator. If you are the administrator, then please contact SafeKeeping support.
In addition to the other representations and warranties contained in this Agreement, you further represent, warrant, and covenant to SafeKeeping the following:
You acknowledge and agree that the Services may be used to transmit, collect, access, manage, and display Patient Information by and among you and other authorized users, Medical Service Providers, and their employees and contractors. You acknowledge and agree that Patient Information related to the Patient Information you are authorized to receive may be stored by SafeKeeping and/or its licensees and service providers in connection with providing the Services, as well as shared among other authorized users of the Services. You acknowledge and agree that the Patient Information stored by SafeKeeping shall not serve as the system of record for any patient, personal representative of a patient, health care provider, any business associate of a health care provider, or any affiliates of the foregoing. “Patient Information” means, collectively, information and data related to the provision of health care to patients, their health status, medical records, and related information and documents, including consent to treatment forms, authorization to disclose medical information forms, Medicare forms, Medicaid forms, living wills, Directives to Physicians and Family or Surrogates, Medical Powers of Attorney, Out-of-Hospital Do-Not-Resuscitate Orders, Declarations of Mental Health Treatment, images, reports, and lab and test results, medical treatments performed by you and/or other Healthcare Providers, and other “protected health information,” as defined under HIPAA and similar terms as defined by state, federal, or international Law. You agree that your use of any and all Patient Information will be in compliance with HIPAA and all other applicable Laws.
Medical Advice and Treatment
SafeKeeping does not provide medical advice, diagnosis, or treatment. You acknowledge and agree that the Services are merely a conduit for information related to a patient who has, directly or indirectly, authorized you to receive that information from a Medical Service Provider, including independent third party healthcare providers, physicians, physician assistants, nurses, paramedics, emergency care responders, other physician extenders, healthcare systems, healthcare facilities, or other providers of healthcare services (collectively, "Healthcare Providers(s)"). You acknowledge and agree that the Healthcare Providers are solely responsible for and have complete authority, responsibility, supervision, and control over the provision of medical services, advice, instructions, treatment decisions, and other professional health care services performed for any Patient whose information you are authorized to access under this Agreement, and that all diagnoses, treatments, procedures, and other professional health care services are provided and performed exclusively by or under the supervision of Healthcare Providers as they, in their sole discretion, deem appropriate. You further acknowledge and agree that SafeKeeping does not provide or endorse any medical advice or treatment on or through the Services and no information obtained through the Services can be so construed or used. SafeKeeping has and exercises absolutely no control, authority, or supervision over the provision of any medical services or other professional health care services. The use of the Services, all text, graphics, images, audio content, audiovisual content, data, other materials, and any other information provided on, entered into, or made available through the Services, including all healthcare related information (collectively, "Content"), whether provided by Medical Service Providers, Healthcare Providers, or other third parties is solely your responsibility. SafeKeeping has made and will make all reasonable efforts in accordance with applicable laws and agreements to safeguard the integrity and availability of the Content. Further, when using the Services, information may be transmitted over a medium that may be beyond the control and jurisdiction of SafeKeeping. Accordingly, SafeKeeping assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services that is reasonably determined to be beyond SafeKeeping's control.
The Content was created and is maintained and provided to SafeKeeping solely by the participating Medical Service Provider. Although SafeKeeping will work with participating Medical Service Providers to strive for the most current and accurate data, it has not, will not, and cannot verify the accuracy and completeness of the Content. The accuracy and completeness of the Content is entirely the responsibility of the Medical Service Providers and/or Healthcare Providers. You understand, therefore, that SafeKeeping shall not be liable to you for any errors, omissions, or inaccuracies contained in the Content.
Disclaimer of Warranties
THE SERVICES, AND ANY THIRD PARTY TECHNOLOGY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAFEKEEPING, ITS LICENSORS, AND SUPPLIERS MAKE NO WARRANTY, REPRESENTATION, OR GUARANTY:
Limitation of Liability
THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, FAILURE, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SAFEKEEPING IS NOT RESPONSIBLE FOR ANY DELAYS, FAILURES OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL SAFEKEEPING BE LIABLE TO YOU OR ANY OTHER PERSON FOR DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, COSTS, EXPENSES OR LOSSES OR LOST PROFITS IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATED TO THIS AGREEMENT. THE PROVISIONS OF THIS SECTION WILL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. SAFEKEEPING WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT BECAUSE OF CIRCUMSTANCES BEYOND ITS CONTROL, WHICH CIRCUMSTANCES INCLUDE NATURAL DISASTER, TERRORISM, THIRD PARTY LABOR DISPUTES, WAR, DECLARATIONS OF GOVERNMENTS, TRANSPORTATION DELAYS, FAILURE OF HARDWARE, EQUIPMENT, OR TELECOMMUNICATIONS FAILURE. SAFEKEEPING WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT BECAUSE OF YOUR MISUSE OF THE SERVICES BY YOU OR ANY OTHER PERSON. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IN THE EVENT THAT ANY EXCLUSIVE REMEDY PROVIDED HAS FAILED OF ITS ESSENTIAL PURPOSE. FURTHER, IN NO EVENT WILL SAFEKEEPING BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF ANY USE OR MISUSE OF ANY THIRD-PARTY TECHNOLOGY. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. IN NO EVENT SHALL THE LIABILITY OF SAFEKEEPING FOR ANY LOSS RELATED TO USE OR INABILITY TO USE THE APP EXCEED $5.00 U.S. In some jurisdictions, limitations or exclusions of liability or damages are not permitted. In such jurisdictions, some of the foregoing limitations and exclusions may not apply to you.
YOU WILL INDEMNIFY, DEFEND, AND HOLD INDEMNITEES (AS DEFINED BELOW) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND LOSSES ARISING FROM OR ATTRIBUTABLE TO (1) INFORMATION REGARDING THE PROVISION OF MEDICAL SERVICES AND TREATMENT OF PATIENTS IN CONNECTION WITH YOUR USE OF THE SERVICES OR OTHERWISE; (2) YOUR BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER AGREEMENTS MADE UNDER THIS AGREEMENT; (3) ANY CLAIMS BY OR DISPUTES RELATED TO YOUR USE OF THE SERVICES; (4) ANY INFORMATION YOU PROVIDE TO THE SITE OR SERVICES OR OTHERWISE RECEIVE, TRANSMIT, OR RELY UPON USING THE SERVICES; AND (5) BREACH OF CONFIDENTIALITY RELATED TO YOUR USE OF THE SERVICES.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE SERVICES FOR ANY REASON, YOU RELEASE SAFEKEEPING (AND ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, SUBSIDIARIES, REPRESENTATIVES, AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Unless otherwise terminated by SafeKeeping as provided for in this Agreement, this Agreement will remain in effect for so long as SafeKeeping licenses the use of the Services to you.
You may terminate this Agreement with immediate effect at any time.
Without limiting other remedies, SafeKeeping may, in its sole discretion and without prior notice, terminate your access to the Services for violations of this Agreement or other agreements or guidelines, which may be associated with your use of the Services, or if SafeKeeping deems it necessary in its sole discretion. SafeKeeping may also terminate your access to the Services upon notification from a Medical Service Provider or from a patient that your authorization to receive Content concerning that patient has expired or otherwise terminated or been revoked, or upon the expiration of SafeKeeping's right to receive Content from the Medical Service Provider that provides the Content you had been authorized to access, in which cases SafeKeeping will immediately and without prior notice terminate your access to the Services.
Upon any termination, you must immediately cease accessing or using the Services and agree not access or make use of, or attempt to use, the Services. Furthermore, you acknowledge that SafeKeeping reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Services. You understand that SafeKeeping may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to SafeKeeping.