Terms and Conditions of Service

 

PLEASE CAREFULLY READ THE TERMS & CONDITIONS APPEARING BELOW. YOU MUST ACCEPT THESE TERMS & CONDITIONS BEFORE YOU WILL BE PERMITTED TO SUBSCRIBE, VIEW, OR BE INFORMED OF QUALITY ASSURANCE REVIEW RESULTS.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE OR PROVIDED SERVICES. WE RESERVE THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT OUR SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of this website or services provided by this website shall constitute your acceptance thereof.

This website and services provided hereunder are owned and operated by Steadfast Rehabilitation Services, LLC.  ("Company"). As a user of this website and any service it provides, you agree to be bound by these Terms & Conditions.

 

Section One - Definitions

1.1 “Agreement” and “Terms of Use” and “Terms and Conditions” refer, collectively, to all the terms, conditions, disclosures, and notices contained or referenced in this document.

1.2 “Service” or “Quality Assurance Review Service” refers to the services provided by Company, including without limitation, review of Electronic Medical Records (EMR) and/or other related material, and access to results from quality assurance review.

1.3 “User” “You” and “Your” refer to the person, the company, or the organization that has visited or is using the website, subscribed to its Quality Assurance Review services, or subscribed as a Healthcare Provider customer. A User may be a health care provider or organization, someone designated by such health care provider or organization, or any individual who has contacted, inquired, contracted, subscribed and/or used Service provided by Company.

1.4 “Healthcare Provider Participant” refers to enrolled User in the healthcare industry who subscribes or desires to subscribe in Company’s Service.

 

Section Two – Authorized Use

2.1. Quality Assurance Review Results Use.

1. Information retrieved from the Company ("Quality Assurance Review Results") is for Authorized Use only. Authorized Use is as set forth under this section 2.1. By providing access to records by the Company, you represent and warrant that you have all the right and authorization to submit or share such records for review. Quality Assurance Review Results may include, but not limited to potential issues detected from quality review, recommendations on quality improvement, and other review results. Quality Assurance Review Results may be used solely in connection with the User’s quality control.

2. The availability of Quality Assurance Review Results from or through the Company is not to be used as a substitute for service and/or supervision by an appropriately licensed health care provider in providing and conducting such services, or in implementing quality related programs.

3. You may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material or images from the Company and/or this website without our express written permission, as applicable (“Permission”). Other than for the sole purpose of quality assurance, you may not create derivative works, whether based in whole or in part upon the information provided by the Company or through this website or any portion thereof without Permission. If any derivative work is created by the User, either for the sole purpose of quality assurance or with the Company’s Permission, the Company shall not be responsible for any of its use and results of such use.

4. If you are conducting a Quality Assurance Review for your own personal use, all of the paragraphs contained in these Terms & Conditions shall apply to you. If you are conducting a Quality Assurance Review for your health organization or business entity’s use, all of the paragraphs contained in these Terms & Conditions shall apply to your health organization or business entity. You represent and warrant that you have the authority to bind such health organization or business entity, and subscribe to our Quality Assurance Review Service.

   1. Implementation of Review Results. You will be responsible for the interpretation of, and exercise of discretion in implementation of, the Quality Assurance Review Results. You will also be responsible for any breach of any obligation in these Terms & Conditions. You acknowledge that the Quality Assurance Review results are subject to the copyright and other proprietary rights of Company and you will not commit or permit any act or omission that would impair such rights.

 

Section Three – Subscription & Service Standards

3.1 Subscription and Payment.

Quality Assurance Review Service is provided by the Company to the User on a subscription basis. The fee for subscription service is based on tiers as set forth below. Such fee is invoiced on a monthly basis. Payment for invoice is due in full prior to the initiation of review. Except as set forth under section 3.4, there shall be no refund once payment is made.

1. For review of records ranging between one (1) to fifteen (15) patients, the monthly subscription fee is $750; and for each additional patient beyond this range, the monthly subscription fee is $125 per patient.

2. For review of records ranging between sixteen (16) to thirty (30) patients, the monthly subscription fee is $1500; and for each additional patient beyond this range, the monthly subscription fee is $125 per patient.

3. For review of records ranging between thirty (31) to forty-five (45) patients, the monthly subscription fee is $3,000; and for each additional patient beyond this range, the monthly subscription fee is $125 per patient.

4. For review of records ranging between forty-six (46) to sixty (60) patients, the monthly subscription fee is $4,500; and for each additional patient beyond this range, the monthly subscription fee is $125 per patient.

3.2 Late Payment. At the Company’s sole discretion, the Company may start or continue the Service prior to the payment of any outstanding invoice. If payment for any outstanding invoice is not received within one (1) week of invoice date, the Company may notify you via email up to three (3) times. You will be given a week to update payment information before the Company ceases any and all Services.    

3.3 Service Standard.

(a) Turnaround time. From the time access to the User’s EMR is granted to the Company, Quality Assurance Review Results shall be delivered to the User within two (2) weeks.

(b) HIPAA Standards. Please review our company’s policy regarding Health Insurance Portability and Accountability Act (HIPAA) compliance here. If the User has specific HIPAA details or procedure requirements that it wants the Company to follow, the User must send the Company such detail to contact@steadfast-rehab.com prior to the initiation or use of the Company’s Service. Absent such additional instructions, the Company shall carry out its Service in compliance with solely the Company’s HIPAA policy.    

3.4 30 Day Satisfaction Procedure

If the User is not satisfied of the results from the Quality Assurance Review Service, the User may send in a detailed explanation within thirty (30) days of receiving such results. Upon receiving the explanation and reviewing information on the User’s account, the Company may, at its sole discretion, choose to grant or not grant a refund to the User.

 

Section Four – Healthcare Provider Supervision Required

The User agrees to have competent health care providers review, approve, sign, and if applicable, implement any and all of the Quality Assurance Review results. 

 

Section Five - Proprietary Information.

5.1 All content found on the website or provided by the Company (the "Content") is considered the copyrighted and trademarked intellectual property of Company, or of the party that created and/or licensed the Content to Company. No rights or title to any of the Content shall be considered transferred or assigned to the User at any time.

5.2 Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Company in each instance, except that you may print out and/or save one copy of the Content for your personal use only. The information provided by Company will continue to be the exclusive property of Company. The programs and software which operate this website are confidential trade secrets of Company.

 

Section Six – Important Disclaimers

COMPANY DOES NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY IT. ALL SUCH QUALITY ASSURANCE REVIEW RESULTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ALL OF THE INFORMATION PROVIDED ON THIS WEBSITE OR BY THE COMPANY, SUCH AS ADVICE ON QUALITY ASSURANCE RESULTS OF HEALTHCARE PROVIDER PARTICIPANTS, AND ANY AND ALL OTHER MATERIAL PROVIDED ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR CLINICAL SUPERVISION, APPROVAL, OR IMPLEMENTATION. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR RECORDS. NEVER DISREGARD PROFESSIONAL CLINICAL ADVICE OR DELAY IN SEEKING IT DUE TO INFORMATION PROVIDED BY THE COMPANY OR THIS WEBSITE.

 

Section Seven – Limitation of Liability

LIMITATION OF LIABILITY. THE PRICES CHARGED BY COMPANY ARE BASED UPON COMPANY’S EXPECTATION THAT THE RISK OF ANY LOSS OR INJURY THAT MAY BE INCURRED BY USE OF THE QUALITY ASSURANCE REVIEW RESULTS WILL BE BORNE SOLELY BY THE USER, AND NOT THE COMPANY. COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY COMPANY'S ACTS OR OMISSIONS IN PREPARING OR DELIVERING THE INFORMATION PROVIDED BY IT. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, EVEN IF COMPANY WAS GROSSLY NEGLIGENT, WAS ADVISED OF SUCH POSSIBILITY OF DAMAGES, OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. IF, NOTWITHSTANDING THE PRECEDING SENTENCE, LIABILITY IS IMPOSED ON COMPANY, THE AMOUNT OF SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR ONE MONTH OF SUBSCRIPTION.

 

Section Eight - Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT AND/OR QUALITY ASSURANCE REVIEW RESULTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE.

 

Section Nine – Entire Agreement

These Terms & Conditions may not be amended, modified or waived orally, but only if done so in writing. Any changes to these Terms & Conditions will be effective from and after the date that the same are delivered to you by e-mail or regular mail. If any of these Terms & Conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining Terms & Conditions shall remain in full force and effect. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.

 

Section Ten – Governing Law

These Terms & Conditions will be governed by and interpreted under the laws of State of Illinois applicable to contracts made and to be performed therein. Any dispute arising out of or relating to these Terms & Conditions shall be resolved in a binding arbitration conducted under the auspices of the American Arbitration Association in the State of Illinois, and county of Cook.

 

Section Eleven – Relations of Parties

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms & Conditions or your use of the Service and/or the website.