The Site performs certain services exclusively for those providers who use the Alpha drug, by serving to electronically verify insurance eligibility status of the Alpha drug with payers. The Site does not route or store any information related to other non-Alpha drug related insurance eligibility or other services beyond what is needed to extract the Alpha drug-related information from data submitted by the provider and to perform the services offered through the Site. Access to Password-Protected Areas
You may not use the Site for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government. You represent and warrant that you have all rights to post and/or submit any data or information through the Site (collectively, "Data"). You agree that you will only submit Data in compliance with the Health Information Portability and Accountability Act of 1996 ("HIPAA") and other applicable state or federal privacy laws. You agree that, to the extent required and/or appropriate, you are responsible for obtaining any authorizations, informed consents, and/or other required approvals prior to submitting Data to the Site, and, upon Lash's request, you agree to present redacted copies of the same to Lash.Prohibited Behavior
You are responsible for all Data that you upload, post, email or otherwise transmit using the Site. You agree not to use the Site to:
- Upload, post, email, or otherwise transmit any Data that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity;
- Directly or indirectly, intentionally disrupt or interfere with the Site or services in any manner that may materially adversely affect Lash or any third party; or
- Upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
The use of the Site does NOT promise or guarantee coverage, payment or reimbursement, in whole or in part, of any Alpha drug claim by a payer or other third parties. You agree that you accept responsibility for all applicable Alpha drug claims and for your use of the Site. Please consult your payer organization with regard to local or actual coverage and reimbursement policies and determination processes for the Alpha drug.Copyrights
You should assume that all contents of the Site are copyrighted unless otherwise noted and may not be used except as provided herein and without the express written permission of Lash. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Lash copyright.Trademarks
All product names, logos, and service marks displayed on the Site that are identified by r or T or appearing in type form different from that of the surrounding text (collectively, the "Trademarks") are registered or unregistered trademarks owned by or licensed to Lash or our affiliates, unless otherwise identified as being owned by another entity. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any patent or Trademark of Lash or any third party. No use of any Trademark may be made without the prior written authorization of Lash, except to identify the product or services of the company.User Responsibility
Each person assumes full responsibility and all risks arising from use of the Site. IN NO EVENT SHALL ANY OF LASH, OUR RESPECTIVE AFFILIATES, AND ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE, OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE SITE, REGARDLESS OF WHETHER LASH OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. This includes damages to, or for viruses that may infect, your computer equipment. Without limiting the foregoing, everything on the Site is provided to you "AS IS" AND "AS AVAILABLE" BASIS, AND LASH MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE SITE. LASH HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. LASH MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR RELIABLE. IN ADDITION, NEITHER LASH MAKE ANY WARRANTY WITH RESPECT TO THE INTEROPERABILITY OF ANY SYSTEM WITH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY SYSTEM USED BY YOU OR ANY PAYER, WHETHER PROVIDED BY A THIRD PARTY LICENSOR 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. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.Medical Advice
No information in the Site is provided with the intention to give medical advice or instructions on the accurate use of Lash products. Lash cannot answer e-mails or other correspondence requesting personal medical advice.HIPAA Compliance
All services through the Site are provided by Lash (or other third parties through Lash). To the extent you are a covered entity under HIPAA and provide Protected Health Information ("PHI"), as defined under HIPAA, to Lash to perform requested services through the Site, Lash may be considered a business associate of you and the following terms are applicable:
- make available PHI necessary for you to respond to individuals' requests for access to PHI about them in the event that the PHI in Lash's possession constitutes a Designated Record Set. Lash shall provide you with the PHI within a reasonable time from the date of the request;
- make available PHI for amendment within a reasonable time of receipt of a written request and incorporate any amendments to the PHI within ten (10) business days in accordance with the Privacy Rule of HIPAA in the event that the PHI in Lash's possession constitutes a Designated Record Set;
- provide you with an accounting of disclosures for individual in the form required by 45 C.F.R. 164.528 within a reasonable time of your request;
- make its internal practices, books and records relating to the use and disclosure of PHI available to you and the Secretary of HHS or designee for purposes of determining your compliance with the Privacy Rule; and
With respect to Electronic PHI ("EPHI") that you permit Lash to create, receive, maintain, or transmit, Lash agrees to:
- Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the EPHI that Lash creates, receives, maintains, or transmits on your behalf;
- Ensure that any agent, including a subcontractor, to whom Lash provides such EPHI, agrees to implement reasonable and appropriate safeguards to protect it;
- Report any Security Incident of which Lash become aware; provided, that trivial attempts to penetrate Lash's systems that occur on a daily basis such as scans, "pings" or other unsuccessful attempts to penetrate computer networks or systems maintained by Lash, will not be reported; and
Lash respect your right and your patients' right to privacy of their personally identifiable information and feel it is important for you to know how the information received from you via the Site is collected and used. Personally identifiable information is information that could be used to identify a specific person, including you or your patient. The personally identifiable information that is collected through the Site includes, but is not limited to, the name, address, phone number, fax number, and National Provider Identifier number of physicians who use the Site; and the name, address, Social Security number, date of birth, phone number, insurance and other medical information of patients.
- to respond to and facilitate your requests for information (e.g., about the Site, the Alpha drug),
- to provide you with additional information about products or services (of ours and of others) that may be of interest to you,
- to obtain your feedback for analytical purposes in order to research, develop and improve programs, products, services and content,
- to protect the health, safety or welfare of someone, or
- to comply with any applicable law or regulation, court order or other legal process.
Lash shall not directly or indirectly sell, loan, trade, or lease any PHI obtained through the Site with any third parties.
With regard to PHI, the Site will employ appropriate administrative, physical, technical, and managerial procedures to safeguard and secure the information collected, consistent with industry practices and the sensitivity of the information provided. Although Lash make a genuine effort to ensure the security of such information and the transactions conducted on the Site, including employing appropriate encryption technology, Lash can not guarantee the security of the information, nor can Lash guarantee that information you supply will not be intercepted while being transmitted via the Site. You acknowledge this and that system failures may limit your ability to use the Site. You agree to assume all risk and liability arising from your use of the Site, including the risk posed by any breach in the security of communications and transactions you conduct through the Site.
Lash may have access to PHI received from you and other authorized users of the Site only if that information has been de-identified in a manner consistent with HIPAA's applicable privacy and security provisions or if such access is otherwise permitted or required by law. Access to personally identifiable information is limited only to those Lash employees or representatives, and other third-party vendors and partners, who have a business need to know, all of whom are required to keep your information confidential.
Except with respect to PHI, any communication or material that you transmit to, or post on, the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, nonconfidential and nonproprietary information, and Lash shall not have any obligation of any kind with respect to such information. Lash and any of our affiliates may use such information for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Lash and any of our affiliates shall be free to use such information, including, but not limited to, any ideas, concepts, know-how, or techniques contained therein, for any purpose whatsoever, including, but not limited to, researching, developing, manufacturing, and marketing products incorporating such information.
Non-identifiable Data and How We Use It
The Site and its contents are intended for use by licensed physicians (and their staff) within the United States.
This Web site may contain links to other Web sites. Lash is not responsible for and does not control the contents or performance of such Web sites, and accepts no responsibility for the consequences of your use thereof.
The Site may contain information that is forward-looking and involve risks and uncertainties, including, without limitation, risks and uncertainties of research and development, clinical development, regulatory approvals, our reliance on third-party manufacturers, product commercialization, competition, patents, product liability, and third-party reimbursement, and other risks and uncertainties detailed from time to time in Lash's periodic reports filed with the Securities and Exchange Commission. Actual results may differ from the forward-looking information.
IMPORTANT SAFETY INFORMATION
The Alpha drug is not right for you if: