Prep Clock Terms of Use

Prep Clock, LLC is organized under the laws of New York State, and it is a subsidiary of Radiology Universe Institute, a public benefit corporation. This agreement is between you and Prep Clock, LLC.

Acceptance of Terms Through Use

This Acceptable Use Policy is used in conjunction with the terms of Use agreement. Violating any of these policies grants Prep Clock, LLC the authority to take action to restrict or terminate your access to services. We reserve the right, at our discretion, to update or revise this policy, any other policy or statement on any website operated by Prep Clock, LLC, and any product offerings or programs described therein. Please check back periodically to review any changes to this policy.

Prep Clock, LLC operates the prepclock.org website. Prep Clock, LLC disclaims, to the maximum extent permitted by law, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, this service, the systems which provide it and the Internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights. Prep Clock, LLC does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed. In no event shall Prep Clock, LLC (or any persons or entities related thereto, service providers, licensors or contractors) be liable for any special, indirect, or consequential damages associated with or arising from use of this service in any way, including any loss of use, server downtime, and any other technical problems including, but not limited to, problems with message or information delivery, problems with protecting user's identity or any other identifying information, or any security breeches. Any failure by Prep Clock, LLC to enforce this policy in every instance in which it might have application does not amount to a waiver of Prep Clock, LLC's rights.

Summary of Services

1. Prep Clock software reminds patients to take appropriate preparation steps at appropriate time points, before planned medical procedures.
2. To use this service, patients must agree to receive reminders via email or text messages to their mobile phones, which may be transmitted over third party networks that may not be fully secure. It is also possible that someone with access to patient's email or phone may read the reminders or instructions.

If you are a Patient, or Patient's Caretaker, or Patient's Decision Maker:

You hereby agree to:

1. Voluntarily receive information and instructions pertaining to the patient's medical procedure or test via email or SMS Text Messages sent to your mobile phone, and acknowledge that this form of transmission may be not fully secure, and will require transmission over third-party networks, and therefore confidentiality is not guaranteed. The information may be transmitted and stored in un-encrypted forms by your email provider, cellular network, Prep Clock LLC, and any other intermediate networks.
2. You acknowledge that message transmission may be unreliable, and potentially affected by network or electrical outages, system maintenance, email / cellular network filtering, delays or blocking, and other factors.
3. You indemnify your healthcare provider, healthcare institution, and persons or entities connected thereto from all consequences of transmitting reminders and instructions to you in this form. Specifically, you agree not to hold healthcare provider nor healthcare institution liable for failure of message transmission, transmission of incorrect information, misdirected transmission, inappropriate timing of transmission, loss of confidentiality, any adverse or undesirable consequences arising from the transmitted information or instructions, and any deficiency therein.
4. You indemnify Prep Clock, LLC, Radiology Universe Institute, and persons or entities connected thereto. Specifically, you agree not to hold Prep Clock, LLC nor Radiology Universe Institute liable for failure of message transmission, transmission of incorrect information, misdirected transmission, inappropriate timing of transmission, loss of confidentiality, any adverse or undesirable consequences arising from the transmitted information or instructions, and any deficiency therein.
5. You authorize your health-care institution(s) and Prep Clock, LLC to use the Prep Clock software system and computer servers to send information to you.
6. You represent that you are an authorized person to receive information pertaining to this patient via this software, and that it is legal within your state or country to use this software and receive this information.
7. You acknowledge that neither Prep Clock, LLC nor Radiology Universe Institute review the instructions created by your health-care provider for correctness or appropriateness, or undesirable interference with other procedures and medications.
8. You acknowledge that Prep Clock, LLC may not always be notified by Health-care Providers if the procedure is re-scheduled or canceled, in which case the reminder messages and their timing may become inappropriate.
9. You authorize your health-care provider(s), institution(s) to supply information to Prep Clock, LLC or Radiology Universe Institute that is needed to render services to you, which may include your health information. Specifically, identifying information includes email address, telephone number, type of procedure, scheduled date of procedure, medications, or any other information that your health-care provider chooses to include.
10. You authorize Prep Clock, LLC and any other healthcare providers using Prep Clock services to send you reminders and instructions pertaining to any future procedures or appointments, even if unrelated to the current procedure.

If you are a Health-care Provider or a Health-care Institution:

You hereby agree to:

1. Send information or instructions pertaining to the patient's medical procedure or test via email or SMS Text Messages, transmitted to the patient's designated mobile phone.
2. You acknowledge that before personal health information is sent, the patient or their representative will also be asked by Prep Clock, LLC to consent to receive information in this manner, which the patient may decline; it is also possible that the patient may not receive the request for consent due to SMS or email filtering, blocking, delay, or incorrect supplied contact information (email / cell phone number).
3. You acknowledge that this form of transmission may be not fully secure, and will require transmission over third-party networks, and therefore confidentiality is not guaranteed.
4. Ensure that the information is correct and appropriate for each particular patient, and that to the best of your knowledge, the receipient is authorized to receive this information, and the receipient has expressed their consent to recieve information in this manner, either verbally or in writing.
5. You acknowledge that message transmission may be unreliable, and potentially affected by network or electrical outages, system maintenance, email / cellular network filtering, delays or blocking, and other factors.
6. You indemnify Prep Clock, LLC, Radiology Universe Institute, and persons or entities connected thereto. Specifically, you agree not to hold Prep Clock, LLC nor Radiology Universe Institute liable for failure of transmission, transmission of incorrect information, misdirected transmission, inappropriate timing of transmission, loss of confidentiality, any adverse or undesirable consequences arising from the transmitted information or instructions, and any deficiency therein.
7. You represent that you are an authorized person or entity to send medical information to each person or patient via this software and framework, and that it is legal within your state or country to use this software to send this information, and that you are authorized to accept this agreement.
8. You agree not to send any unsolicited, offensive, incorrect, injurious, or advertising content.
9. You acknowledge that neither Prep Clock, LLC nor Radiology Universe Institute review the instructions created by health-care providers for correctness or appropriateness.
10. You authorize Prep Clock LLC and Radiology Universe Institute to reference your personal name, your organization's name, and your organization's logo in connection with Prep Clock LLC services, for purposes such as communication with patients, and any other factual and fair-use references.

Lawful Use

You must use this site and the Prep Clock, LLC Services in accordance with the terms of this policy and your Prep Clock, LLC Service Agreement, and in accordance with all federal, state and local laws, ordinances, and regulations.

User Conduct, Prohibited or Unlawful Use

In order to maintain an informative and valuable service that meets the needs of the users of this site, the following rules have been established to protect against abuse.

Use of this site or Prep Clock, LLC Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site or any other party's use or enjoyment of this site is strictly prohibited.

Specifically, you may not:

• Attempt to use or gain unauthorized access to data, accounts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any Prep Clock, LLC services or those of any other third party.
• Interfere with service to any user, host or network or attempting to overload the system.
• Share your username and password with other parties.
• Make unauthorized copies of the content or derivative works based on Prep Clock, LLC content.
• You may not upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that, in Prep Clock, LLC discretion:
  • Is unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, invasive of another's privacy, tortuous, indecent, pornographic or inaccurate;
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason;
  • Has a negative effect on Prep Clock, LLC or its network (including, without limitation, overloading servers on the Prep Clock, LLC Network; causing portions of the Prep Clock, LLC Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of Prep Clock, LLC, impose an unreasonable administrative burden on the company; etc.).

You may not send of unsolicited and/or mass e-mailings, mailings, phone calls, phone messages from any Prep Clock, LLC account, or via another service which in any way implicates the use of this site or Prep Clock, LLC Services, Prep Clock, LLC equipment or any Prep Clock, LLC e-mail address; (ii) that is relayed from any Prep Clock, LLC or third party's mail servers without permission; (iii) which employs techniques to hide or obscure the source of the e-mail; (iv) which are sent, or caused to be sent, to or through the Prep Clock, LLC Network that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing may be deemed to be counterfeit.

A communication may be unsolicited if: (1) recipients' email addresses or phone number were not obtained through a personal or customer or patient relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from sender, or (3) recipients have opted out of receiving communications from sender when given notice of the opportunity to do so.

Prep Clock, LLC reserves the right to take all legal and technical steps available to prevent unsolicited and / or bulk SMS messages, e-mail or other unauthorized e-mail from being sent from or transmitted through the Prep Clock, LLC Network.

Please Note: The transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, or SMS text messages may result in civil and criminal penalties against the sender, including those provided by the federal ("CAN-SPAM") (P.L. 108-187) Act or Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.); the Washington Commercial Electronic Mail Act ( Wash. Rev. Code Chapter 19.190 et seq.); and any other applicable statutes and regulations.

Your participation in online communication or use of any Prep Clock, LLC service is not edited, censored or otherwise controlled by Prep Clock, LLC However, Prep Clock, LLC reserves the right to monitor content on this site and any Prep Clock, LLC Services and to remove content, disable pages, or suspend or terminate services if Prep Clock, LLC, in its discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.

It is hereby further agreed that, in the event of any litigation at law or in equity with respect to any breach of the covenants herein, the Prep Clock, LLC shall be entitled to recover any and all reasonable attorneys’ fees and other costs of litigation from Physician should Prep Clock, LLC be the prevailing party in such litigation, even after the termination of this Agreement.

International Use

Prep Clock, LLC makes no representation that materials available on this site or any or through any Prep Clock, LLC service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access this site or any site hosted by Prep Clock, LLC from other locations are responsible for compliance with local law.

Intellectual Property Rights

Copyright: All Prep Clock, LLC web site design, text, graphics and the selection and arrangement thereof are copyrighted, 2007 - 2016. All rights reserved. Copies are not to be made without express permission from Prep Clock, LLC and its licensors. This includes, but is not limited to printed and electronic copies. The copyright holder shall, in any event, retain all copyright and other proprietary interests therein.

Trademark: Prep Clock, and all other related names, design marks, product or feature names are either registered trademarks or trademarks of in the United States and/or other countries. These marks may not be used without the express written permission of Prep Clock, LLC and their licensors. All other products and services referenced in this site are the trademark or services marks of their respective owners. Radiology Universe is a trademark of Radiology Universe Institute.

You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any Prep Clock, LLC service. Nothing on any Prep Clock, LLC website shall be interpreted or implied in such as way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to Prep Clock, LLC by virtue of it being displayed or made accessible on any Prep Clock, LLC websites, such as prepclock.com. Except as expressly authorized, you agree not to use this site or any Prep Clock, LLC Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any Prep Clock, LLC Services.

User's Grant of Limited License

By posting or submitting content to any website operated by Prep Clock, LLC, you:

• Grant Prep Clock, LLC the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose, subject to the Prep Clock, LLC Privacy Policy, which is incorporated in and made a part of this Policy; and,
• Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Prep Clock, LLC will not infringe or violate the rights of any third party.

Privacy Policy

Prep Clock, LLC takes users' privacy seriously and takes reasonable measures to protect users' personal information. Prep Clock, LLC does not sell or redistribute your information to any unaffiliated third parties. Any personal information received is used only in connection to your Prep Clock, LLC account. Prep Clock, LLC utilizes the services of trusted affiliated organizations and individuals to carry out some of its operations, and at Prep Clock, LLC's discretion, may disclose customer information to these trusted affiliated third parties, for purposes such as payment processing, support, and network infrastructure.

Refund Policy:

• Prep Clock, LLC will refund unused messaging credits upon customer's written request, received within 6 months of the purchase date of the credits; a $9 processing fee will apply, which will be deducted from the refund amount. No refunds will be issued for credits purchased 6 months ago or more.
• Prep Clock, LLC will refund credits corresponding to messages that were not sent or the origination of messages by Prep Clock LLC was delayed by more than 60 minutes, provided that the customer supplies a written statement itemizing all affected phone numbers, and approximate dates and times of the affected messages.
• Credits spent on messages that were blocked or delayed by the receipient's device, receipient's cellular phone network or email provider, or any intermediary networks are not eligible for refund.
• Prep Clock LLC will not be liable under any circumstances for any costs in excess of the original purchase costs of message credits.
• Account set-up fees and contract-fees are non-refundable.
• Template purchase fees are non-refundable.
• Language translation fees are non-refundable.
• Unused messaging credits will automatically expire after 12 months of inactivity, since the last transmitted message date.

You and the entity or employer that you are representing, if any, agree to:

• abide by the Prep Clock, LLC Refund Policy.
• contact Prep Clock, LLC via email to request refunds or to report any issues relating to Prep Clock, LLC services, and allow 14 business days for resolution.
• not to withdraw due payment by check cancellation, credit card charge-backs, or similar means.
• remit payment within 30 days if billed by Prep Clock, LLC for services or products.
• be liable for any costs and fees that Prep Clock, LLC incurs in connection to your activities, your account, your usage of Prep Clock Services, abuse of services, violation of Terms of Use, contract breach, failure to remit due payments, charge-backs, and similar, including attorney fees, court fees, collection costs, bank fees, penalty fees, or similar; Prep Clock, LLC, solely at its discretion, is authorized to retain any professional help to assist Prep Clock, LLC in handling of your case or recovery of due payments or additional costs, such as an attorney, collection agency, or other contractors or internal departments that Prep Clock, LLC deems suitable.

Any failure by Prep Clock, LLC to enforce this policy in every instance in which it might have application does not amount to a waiver of Prep Clock, LLC's rights.

Links to Other Sites

Prep Clock, LLC may contain links to third party Web sites. These links are provided as a convenience. The content of these third party websites is not endorsed or controlled by Prep Clock, LLC.

Controlling Law and Termination

This Authorized Use Policy is subject to, and shall be construed and enforced in accordance with the laws of the State of New York without regard to its choice of law principles, and any disputes hereunder shall be brought in the Suffolk County Court, or another suitable court located in Suffolk County.

If any provision of this Agreement is determined to be legally invalid, inoperative or unenforceable, only that particular provision shall be affected, such determination shall have no effect whatsoever on any other provision of this Agreement, and all other provisions shall remain in full force and effect. All headings and captions in this Agreement are for convenience only. They shall not be deemed part of this Agreement and shall in no way define, limit, extend or describe the scope or intent of any provisions hereof.

Notices

The Prep Clock, LLC Terms of Use and Acceptable Use Policy prohibit acts of copyright and trademark infringement and other unlawful behavior by Prep Clock, LLC subscribers. Prep Clock, LLC takes subscriber violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary.

Like many other websites, prepclock.org uses cookies to enable users to log in, and for other features.

Prep Clock, LLC reserves the right to deny or terminate services to any one and for any reason.

General Complaints: Please send reports of any activity in violation of this Terms of Use Policy to Prep Clock, LLC. Prep Clock, LLC will reasonably investigate incidents involving such violations. Prep Clock, LLC may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.

Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by a Prep Clock, LLC subscriber without permission, such that the use may constitute infringement of your intellectual property rights, please contact Prep Clock, LLC.

HIPAA Business Associate Agreement

HIPAA regulations require a Business Associate Agreement in some usage scenarios. This "HIPAA Business Associate Agreement" section shall apply only if Healthcare Provider's Institution is subject to HIPAA regulations and is considered a Covered Entity under HIPAA laws; the Business Associate Agreement is between Healthcare Provider's Institution (hereafter "Covered Entity") and Prep Clock, LLC (hereafter "Business Associate").

Definitions

The following terms used in this Agreement shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

Specific definitions:

1. Business Associate. "Business Associate" shall generally have the same meaning as the term "business associate" at 45 CFR 160.103, and in reference to the party to this agreement, shall mean Prep Clock, LLC.
2. Covered Entity. "Covered Entity" shall generally have the same meaning as the term "covered entity" at 45 CFR 160.103, and in reference to the party to this agreement, shall mean Healthcare Provider's Institution.
3. HIPAA Rules. "HIPAA Rules" shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.

Obligations and Activities of HIPAA Business Associate

Business Associate (Prep Clock, LLC) agrees to:

1. Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;
2. Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by the Agreement;
3. Report to covered entity any use or disclosure of protected health information not provided for by the Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware;
4. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the business associate agree to the same restrictions, conditions, and requirements that apply to the business associate with respect to such information;
5. Make available protected health information in a designated record set to the Healthcare Provider's Institution as necessary to satisfy covered entity's obligations under 45 CFR 164.524;
6. Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy covered entity's obligations under 45 CFR 164.526;
7. Maintain and make available the information required to provide an accounting of disclosures to the Healthcare Provider's Institution as necessary to satisfy covered entity's obligations under 45 CFR 164.528;
8. To the extent the business associate is to carry out one or more of covered entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligation(s); and
   1. Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.

Permitted Uses and Disclosures by HIPAA Business Associate

1. Business associate may only use or disclose protected health information as necessary to perform the services set forth in Service Agreement and/or Terms of Use. Additionally, business associate may de-identify the information in accordance with 45 CFR 164.514(a)-(c) and utilize the de-identified information for quality improvement and billing purposes. Permissible de-identification will sever patient's identifying information (such as name, phone number, email) from medical information (procedure name and details).
2. Business associate may use or disclose protected health information as required by law.
3. Business associate agrees to make uses and disclosures and requests for protected health information, consistent with covered entity's necessary policies and procedures.
4. Business associate may not use or disclose protected health information in a manner that would violate Subpart E of 45 CFR Part 164 if done by covered entity.
5. Business associate may provide data aggregation services relating to the health care operations of the covered entity.
6. Business associate may retain patients' signed consent forms and a record of provided services for as long as Prep Clock, LLC deems necessary for legal, accounting, and business purposes.

Provisions for HIPAA Covered Entity to Inform Business Associate of Privacy Practices and Restrictions

1. Covered entity shall notify business associate of any limitation(s) in the notice of privacy practices of covered entity under 45 CFR 164.520, to the extent that such limitation may affect business associate's use or disclosure of protected health information.
2. Covered entity shall notify business associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her protected health information, to the extent that such changes may affect business associate's use or disclosure of protected health information.
3. Covered entity shall notify business associate of any restriction on the use or disclosure of protected health information that covered entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect business associate's use or disclosure of protected health information.

Permissible Requests by HIPAA Covered Entity

Covered entity shall not request business associate to use or disclose protected health information in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by covered entity.

Term and Termination of HIPAA Business Associate Agreement

1. Term. The Term of this Agreement shall be effective immediately, and shall persist until cancelled in writing by either Prep Clock, LLC or Healthcare Provider's Institution.
2. Termination for Cause. Business associate authorizes termination of this Agreement by covered entity, if covered entity determines business associate has violated a material term of the Agreement and business associate has not cured the breach or ended the violation within the time specified by covered entity.
3. Obligations of Covered Entity Upon Termination.
   1. Covered entity will provide reasonable assistance and information to Prep Clock, LLC in the event of HIPAA inquiries, court inquiries, patient inquiries, and similar; this obligation shall survive the termination of this agreement.
4. Obligations of Business Associate Upon Termination
   1. Retain only that protected health information which is necessary for business associate to continue its proper management and administration or to carry out its legal and accounting responsibilities;
   2. Destroy all remaining protected health information that the business associate still maintains in any form;
   3. Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information to prevent use or disclosure of the protected health information, other than as provided for in this Section, for as long as business associate retains the protected health information;
   4. Not use or disclose the protected health information retained by business associate other than for the purposes for which such protected health information was retained and subject to the same conditions which applied prior to termination; and
   5. Destroy the protected health information retained by business associate when it is no longer needed by business associate for its proper management and administration or to carry out its legal responsibilities.
   6. The obligations of business associate under this Section shall survive the termination of this Agreement.