Healthy Hospital™ Self Assessment Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE HEALTHY HOSPITAL REVENUE CYCLE INDEX (THE “INDEX”). THESE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE INDEX. THE INDEX IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT CLICK “AGREE” AND DO NOT ACCESS OR USE THE INDEX. BY ACCESSING OR USING THE INDEX, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU,” “YOUR,” OR “END USER”) ARE ENTERING INTO A LEGAL AGREEMENT WITH CHANGE HEALTHCARE WHEREBY YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE.

1. Scope of Terms of Use

These Terms of Use govern Your use of the Index.

2. User Eligibility

To use the Index, You must:

a) be over the age of legal majority and able to form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Index;

b) have the authority to use and access the Index on behalf of the entity You represent

3. Modifications

Change Healthcare may at any time in its sole discretion, without advanced notice; (a) revise, modify or update these Terms of Use, and may impose new or additional terms and conditions on Your use of the Index; (b) change, supplement, delete or update any aspect of the Index; and (c) change or impose fees for products and services provided through the Index. Your continued use of the Index after any changes or modifications means You accept those changes.

4. Change Healthcare Privacy Policy

The Change Healthcare Privacy Policy available here governs the use of information collected from or provided by You through the Index. With respect to any individual whose personal information is provided by You to Change Healthcare, You represent to Change Healthcare that You have obtained all necessary consents for the processing of that personal information.

5. Your Account

You may only access and use the Index in an authorized manner consistent with these Terms of Use and You are responsible for all activities on or through Your account. You must immediately notify Change Healthcare of any unauthorized access to Your account.

6. Rules for Use of the Index

You agree that:

a) You shall not disguise the origin of information transmitted through the Index;

b) You will not place false or misleading information on the Index;

c) You will not use or access any service, information, application or software available via the Index in a manner not expressly permitted by Change Healthcare;

d) You may not use or access the Index in any way that, in Change Healthcare’s judgment, adversely affects the performance or function of the Index, or interferes with the ability of other authorized parties to access the Index;

e) You must input all electronic data in the required format;

f) You must comply with the obligations and requirements imposed by payers, fiscal intermediaries, government entities, and other third parties as a condition of accessing their information, as may be necessary for Your use of the Index; and

g) You must submit information in accordance with all applicable federal and state laws, rules, and regulations.

7. License and Ownership

Change Healthcare grants You a limited, personal, nontransferable, nonsublicensable, revocable license to:

(a) access and use the Index only in the manner presented Change Healthcare in these Terms of Use; and

(b) access and use the Change Healthcare computer and network services offered within the Index (the “Change Healthcare Systems”) only in the manner expressly permitted by Change Healthcare.

Except for this limited license, Change Healthcare does not convey any interest in or to the Change Healthcare Systems, information or data available via the Change Healthcare Systems, the Index or any other Change Healthcare property by permitting You to access the Index. Any and all intellectual property rights (“Intellectual Property”) associated with the Index and its contents, including User Content as defined below (the “Content”) are the sole property of Change Healthcare, its affiliates or third parties. The Content is protected by copyright and other laws in the United States and other countries. Elements of the Index are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Index are trademarks, service marks or trade dress (“Marks”) of Change Healthcare, its affiliates or other entities that have granted Change Healthcare the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Change Healthcare. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Index in any way without Change Healthcare’s or the appropriate third party’s prior written permission. Except as expressly provided herein, Change Healthcare does not grant to You any express or implied rights to Change Healthcare’s or any third party’s Intellectual Property.

8. Submissions

The Index allows You to submit information. You will not input or upload to the Index any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Index or Information or that infringes the Intellectual Property rights of another.

Change Healthcare may, but is not obligated to, monitor any submission made by You and may investigate any reported or believed violation of these Terms of Use and may take remedial action, including termination of Your access to the Index.

9. Suspension and Termination

You agree that Change Healthcare, in its sole discretion, may suspend or terminate Your use of the Index at any time and for any or no reason, even if access and use continues to be allowed to others. If Your use of the Index is suspended or terminated, You must immediately discontinue use of the Index. Accessing the Index after suspension or termination, shall constitute an act of trespass. Further, You agree that Change Healthcare is not liable to You or any third party for any suspension or termination of Your access to the Index.

10. Disclaimer of Warranties

YOUR USE OF THE INDEX IS AT YOUR SOLE RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, ALL INFORMATION GENERATED BY THE INDEX IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING FROM A COURSE OF DEALING OR TRADE USAGE, WHICH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED. CHANGE HEALTHCARE DOES NOT WARRANT THAT THE INDEX WILL YIELD ANY PARTICULAR BUSINESS OR FINANCIAL RESULT, OR THAT THE INDEX WILL BE PERFORMED WITHOUT ERROR OR INTERRUPTION.

11. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHANGE HEALTHCARE, ITS AFFILIATES, OFFICERS, EMPLOYEES, ITS LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED IN THE INDEX BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE INDEX, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHANGE HEALTHCARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

12. Compliance with Law

You agree to comply with all local, state, federal and national laws, statutes, ordinances, and regulations that may apply to Your use of the Index. You agree to use the Index in a fashion that does not, in the sole judgment of Change Healthcare, negatively reflect on the goodwill or reputation of Change Healthcare and shall take no actions that would cause Change Healthcare to be in violation of any laws, rulings or regulations applicable to Change Healthcare.

13. Jurisdiction

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE INDEX, THE CHANGE HEALTHCARE SYSTEMS, INFORMATION, INDEX SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE CHANGE HEALTHCARE SYSTEMS, INFORMATION, THE INDEX AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

14. Governing Law and Language

To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of Georgia, United States of America excluding (i) Georgia’s conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the fullest extent permitted by law, the controlling language for these Terms of Use is English.

15. Customer Service

Questions or comments regarding the Index may be submitted to Change Healthcare Customer Service.

16. Written Document

You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.

17. Complete Agreement

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND CHANGE HEALTHCARE, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND CHANGE HEALTHCARE WITH RESPECT TO THE USE OF THE INDEX, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.