This Agreement is made by and between ReadySetConnect.com and its users “Customer”. ReadySetConnect.com and its affiliates and vendors may be individually referred to as a “Party” and collectively, the “Parties.”
WHEREAS, the Parties wish to enter into or have entered into an agreement (the “Underlying Agreement”) whereby ReadySetConnect.com will provide certain services to Customer, and pursuant to such agreement, ReadySetConnect.com may have access to Protected Health Information (as defined below) in fulfilling its responsibilities under such agreement.
WHEREAS, the Parties intend to protect the privacy and provide for the security of Protected Health Information disclosed to ReadySetConnect.com pursuant to the Underlying Agreement in compliance with (i) the Health Insurance Portability and Accountability Act of 1996, Public Law No. 104-91 (“HIPAA”); (ii) Subtitle D of the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”); and (iii) regulations promulgated thereunder by the U.S. Department of Health and Human Services.
WHEREAS, the purpose of this Agreement is to satisfy certain standards and requirements of HIPAA, the Privacy Rule and the Security Rule (as those terms are defined below), and the HITECH Act.
THEREFORE, the Parties agree to the provisions of this Agreement, which are as follows:
Except as expressly stated in this Agreement or the Privacy Rule, the Parties do not intend to confer any right upon any third party. The obligations of ReadySetConnect.com under Section V(c) shall survive the expiration, termination, or cancellation of this Agreement and shall continue to bind ReadySetConnect.com, its agents, employees, contractors, successors, and assigns as set forth herein. None of the provisions of this Agreement are intended to create, nor will they be deemed to create any relationship between the Parties other than that of independent parties contracting with each other solely for the purposes of effecting the provisions of this Agreement and any other agreement between the Parties. In the event the Underlying Agreement contains provisions relating to the use or disclosure of Protected Health Information that are more restrictive than the provisions of this Agreement, the provisions of the Underlying Agreement will control. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. In the event a Party believes in good faith that any provision of this Agreement fails to comply with the then-current requirements of the Privacy Rule or Security Rule, such Party shall notify the other Party in writing. For a period of up to thirty days, the Parties shall address in good faith such concern and amend the terms of this Agreement, if necessary to bring it into compliance. If, after such thirty-day period, this Agreement fails to comply with the Privacy Rule or Security Rule, then either Party may terminate upon written notice to the other Party.
By subscribing, registering, using or engaging with the product, the customer agrees to HIPAA Compliance and Release.