The Health Insurance Portability and Accountability Act (HIPAA) final Privacy regulations were published on December 28, 2000 with a compliance deadline of April 14, 2003. SecureCare agrees to adhere to the Standards of Privacy of Individually Identifiable Health Information published by the US Department of Health and Human Services Offices for Civil Rights (CFR 45 Parts 160 and 164).
SecureCare is committed to providing the highest data security and integrity standards in its software and operations to meet or exceed the requirements set forth by published HIPAA regulations. Protected Health Information (PHI) shall be used solely under the Treatment, Payment or Healthcare Operations (TPO), as defined by the US Department of Health and Human Services.
All internal SecureCare processes related to the Protected Health Information (PHI) have been assessed to ensure that current operations comply with HIPAA privacy and security requirements. Each SecureCare employee, contractor and Strategic Business Partner has received the HIPAA Privacy Training necessary to understand and adhere to the provisions of this important piece of legislation. In addition, on-going employee communication and education of HIPAA-related issues is being facilitated through the internal corporate intranet.
Please direct specific questions about SecureCare’s HIPAA compliance program to HIPAA@securecaretech.com
This site is owned and operated by SecureCare. Any activity on this site is subject to monitoring by SecureCare at any time. Anyone who uses this site consents to such monitoring and agrees that SecureCare may use the results of such monitoring without limitation. No material from any web site owned, operated, licensed or controlled by SecureCare or any of its related, affiliated companies, including, without limitation, Sfaxme.com (the “SecureCare Material”), may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, without the prior written consent of SecureCare, except that you may download one copy of the SecureCare Material on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, service mark and other proprietary notices. Modification of the SecureCare Material or use of the SecureCare Material for any other purpose is a violation of SecureCare’s copyright, service mark and other proprietary rights. It is a condition of your use of this Web site that you do not restrict or inhibit any other user from using this Web site.
Under no circumstances, including, but not limited to, negligence, shall SecureCare or any of its affiliates be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the SecureCARE Material. You specifically acknowledge and agree that SecureCare is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any of the SecureCare Material, or with any of SecureCare’s terms and conditions, your sole and exclusive remedy is to discontinue using this site.
SECURECARE MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT ON THIS SITE AND SECURECARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE.
THE SECURECARE MATERIAL IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, SECURECARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SECURECARE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU, AND NOT SECURECARE, ASSUME THE RISK, LIABILITY AND RESPONSIBILITY FOR ANY AND ALL DAMAGE TO YOUR SYSTEM OR THE SYSTEM YOU ARE USING. IN NO EVENT WILL SECURECARE BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEM OR THE SYSTEM YOU ARE USING.
SECURECARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SECURECARE MATERIAL IN THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
SECURECARE MAY HAVE PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SITE. NEITHER SECURECARE NOR ITS AFFILIATEs OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE THIRD PARTY MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SECURECARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. SECURECARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE THIRD PARTY MATERIALS IN THE THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
Some of the information contained on this site related to financial or operating performance may be forward-looking. You should consider forward-looking statements to have been made only as of the date of their original publication. Those statements, while included on this website for historical reference, have not been updated. Further, that information is based on management’s estimates, assumptions and projections and is subject to significant uncertainties and other factors, many of which are beyond our control. Important risk factors could cause actual future results and other future events to differ materially from those estimated by management. Those risks and uncertainties include but are not limited to: our ability to accurately predict health care costs and to manage those costs through underwriting criteria, quality initiatives and medical management, product design and negotiation of favorable provider reimbursement rates; our ability to maintain or increase premium rates; possible reductions in enrollment in our health insurance programs or changes in membership mix; the regional concentration of our business; the impact of health care reform and other regulatory matters. For a more detailed discussion of those and other important factors that may materially affect SecureCARE, please see our filings with the Securities and Exchange Commission, including the risk factors contained in SecureCARE’s Form 10-K on file with the Securities and Exchange Commission.
Except as described otherwise, all materials in the SecureCare site are made available only to provide information about SecureCare. SecureCare controls and operates this site from its headquarters in Austin, Texas, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all SecureCare site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from SecureCare if, in SecureCare’s sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other SecureCare site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
If you are registering on behalf of a corporation you warrant that you have the authority to bind the corporation. You agree to the terms and conditions of the “Pricing Proposal” document which is expressly incorporated herein, and which in conjunction with the Terms and Conditions comprises the entire Agreement between SecureCare Technologies, Inc. and your corporation. The “Pricing Proposal” may contain different or additional terms which supersede any terms in this document.
SecureCare Technologies, Inc. provides you with access to Sfax™ a Secure Fax Management Service (the “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms.
Your right to use the services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Services unless provided for under a separate agreement.
See the Privacy Statement for disclosures relating to the collection and use of your information.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under all fax numbers and by all users associated with your account.
You agree to notify SecureCare Technologies, Inc. immediately of any unauthorized use of your account or any other breach of security. SecureCare Technologies, Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SecureCare Technologies, Inc. or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any SecureCare Technologies, Inc. server, or the network(s) connected to any SecureCare Technologies, Inc. server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any SecureCare Technologies, Inc. server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You will not use or register the name SecureCare Technologies, Inc. or any other trade name or trade mark of SecureCare Technologies, Inc. without express, prior permission, and you will not obstruct the identification procedures used by SecureCare Technologies, Inc. in the services.
You represent that the information submitted for transmission via the SecureCare Technologies, Inc. network for Sfax services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws or transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to Do¬Not¬Call provisions, faxing, data privacy, international communications, and export of technical or personal data.
You are fully responsible for the contents of your transmissions through the Services. Sfax simply acts as a passive conduit for you to send and receive information of your own choosing. However, SecureCare Technologies, Inc. reserves the right to take any action with respect to the Services that SecureCare Technologies, Inc. deems necessary or appropriate in its sole discretion if SecureCare Technologies, Inc. believes you or your information may create liability for SecureCare Technologies, Inc. , compromise or disrupt the Services for you or other Customers, or cause SecureCare Technologies, Inc. to lose (in whole or in part) the services of SecureCare Technologies, Inc. ‘s ISPs or other suppliers. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures.
SecureCare Technologies, Inc. has no control of the content of the information passing through the Services.
SecureCare Technologies, Inc. does not:
You agree to provide true, current, accurate and complete customer information as prompted by the registration form, and you agree to notify SecureCare Technologies, Inc. promptly of any changes to this information as required to keep it current, complete and accurate.
SecureCare Technologies, Inc. reserves the right at all times to disclose any information as SecureCare Technologies, Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of Sfax services(as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
You must obtain and pay for all equipment and third¬party services (e.g., Internet access and email service) required for you to access and use the Services.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Sfax Service are wholly owned by SecureCare Technologies, Inc. and/or its licensors and service providers except where expressly stated otherwise.
You understand and agree that you are not the owner of any Sfax fax number (Sfax Number) assigned to you by SecureCare Technologies, Inc. Ownership of any such Sfax Number is vested solely in SecureCare Technologies, Inc. (which will assign such number to you for your use during the term of this agreement). You understand and agree that following the termination of your Sfax account for any reason, such Sfax Number may be re¬assigned immediately (although there is typically a transition period) to another customer, and you agree that SecureCare Technologies, Inc. will not be liable for damages (including consequential or special damages) arising out of any such re¬assignment, and you hereby waive any claims with respect to any such re¬assignment, whether based on contractual, tort or other grounds, even if SecureCare Technologies, Inc. has been advised of the possibility of damages.
You further understand and agree that SecureCare Technologies, Inc. may from time to time need to change the Sfax Number assigned to you (whether due to an area code split or any other reason whether outside or within SecureCare Technologies, Inc. ‘ control). You agree that SecureCare Technologies, Inc. will not be liable for damages (including consequential or special damages) arising out of any such change in the Sfax Number assigned to you, and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if SecureCare Technologies, Inc. has been advised of the possibility of damages.
In particular, you agree that you are not authorized to charge services provided to you or at your request to the Sfax Number assigned to you by SecureCare Technologies, Inc. and that you will not request or otherwise cause any third¬party service provider to charge any such services to such number. You are responsible for any such charges, and any such charges will give SecureCare Technologies, Inc. the right to immediately terminate your Sfax account without notice.
The transmission of unsolicited fax advertisements is regulated in the United States under the Federal Telephone Consumer Protection Act and is also regulated under the laws of a number of other countries, states and provinces. Distribution of unsolicited fax advertisements through the Services is prohibited.
SecureCare Technologies, Inc. understands that receipt of such faxes can impair your use of our Services. Accordingly, SecureCare Technologies, Inc. may develop means to prevent the distribution and receipt of unsolicited fax advertisements to our customers. At SecureCare Technologies, Inc. ‘ option and without further notice, SecureCare Technologies, Inc. may use technologies and procedures, such as filters, that may terminate such unsolicited fax advertisements without delivering them.
If you believe that you are in receipt of an unsolicited fax advertisement, you should take the following two steps:
a) If the fax contains a telephone number, fax number, or other contact information to “unsubscribe” from receipt of additional junk faxes, please do so; and b) Please submit a suspect fax to SecureCare Technologies, Inc. for investigation by faxing the suspect fax to 1.512.366.8506.
We will investigate your submission and determine if the fax/voicemail number referenced in the spam email or spam fax is a Sfax Number. If it is, we will attempt to prevent such faxes from reaching your account.
Charges ¬You agree to pay all charges for your use of Sfax Services at the prices then in effect for your country of residence. All charges will be exclusive of value added (“VAT”), sales or other taxes, except as required by law. SecureCare Technologies, Inc. reserves the right to change prices or institute new charges for access to or use of Sfax services unless you have a signed “Pricing Proposal”. All changes will be posted by SecureCare Technologies, Inc. at the SecureCare Technologies, Inc. websites and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of Sfax Services or non¬termination of your Sfax service account after changes are posted constitutes your acceptance of the prices as modified by the posted changes. Per page prices are based on a 60 second transmission time; pages that take longer to transmit may be charged as multiple pages.
SecureCare Technologies, Inc. reserves the right to charge a premium on all mobile, cellular, digital, special service numbers, and / or PCS international terminating traffic, as well as the right to adjust any rate to reflect charges in international tariffs, regulatory requirements, taxes, levies or other third party levies.
Charges for Services may include Activation, Monthly Subscription, and Usage Fees.
Refer to the “Pricing Proposal” for additional terms and conditions related to the contract term, payment terms and cancellation policy.
SECURECARE TECHNOLOGIES, INC. MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. SECURECARE TECHNOLOGIES, INC. FURTHER EXPRESSLLY DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This disclaimer includes loss of data resulting from delays, non¬deliveries, wrong deliveries, and any or all service interruptions caused by the negligence of SecureCare Technologies, Inc. and its employees or by Customer’s errors and omissions.
SecureCare Technologies, Inc. its affiliates, and their respective officers, directors, agents, employees, suppliers and shareholders (collectively, the “SecureCare Technologies, Inc. Entities”) shall not be liable and are not responsible for any loss or damage Customer suffers, or any party claiming through or under Customer, as a result of, or related to, the use of the Service including, but not limited to:
You agree to indemnify and hold SecureCare Technologies, Inc. and its agents harmless from any and all claims, losses, damages, judgments, expenses and costs (including any attorney’s fees and expenses) arising out of your use of the service, your violation of the terms of this agreement, and the delivery of any of your documents using the service, or the infringement of any trademark or copyright by you.
SecureCare Technologies, Inc. reserves the right to suspend or terminate services if SecureCare Technologies, Inc. , in its sole discretion, believes that the service is used for a purpose that is unlawful or prohibited by these terms, conditions, and notices SecureCare Technologies, Inc. shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. SecureCare Technologies, Inc. shall have no obligation to maintain any messages or other content in your account or forward any unread or unsent message to you or any third party.
Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective.
If you are an Online Subscriber: You may cancel the services, with 30 days written notice, by sending an email requesting cancellation to email@example.com.
If you have a signed “Pricing Proposal” the termination provision found in the Pricing Proposal applies.
You agree that these Terms shall be governed by and construed in accordance with the laws of the state of Texas, and you hereby consent and attorney to the jurisdiction of such province and agree that all disputes shall be tried in the state of Texas in the City of Austin. You expressly waive any right, and agree not to have any dispute under the Terms tried or otherwise determined by a jury, except where required by law.