Openbook
OPENBOOK TERMS OF SERVICE
INTRODUCTION
Welcome to Openbook. These Terms of Service ("Terms") govern your access to and use of the Openbook website, mobile application, and services (collectively, the "Services"). By registering for, accessing, or using our Services, you agree to be bound by these Terms and our Privacy Policy.
Openbook adheres to the CARIN Alliance Code of Conduct for consumer-directed health information exchange. We are committed to empowering consumers and their authorized caregivers to easily access, use, and share their digital health information when, where, and how they want to achieve their goals.
PLEASE READ THESE TERMS CAREFULLY. These Terms constitute a binding legal agreement between you and Openbook. If you do not agree to these Terms, you may not access or use the Services.
ELIGIBILITY
You must be at least 18 years old to create an account and use our Services. If you are between the ages of 13 and 17, you may use our Services only with the involvement and consent of a parent or legal guardian.
ACCOUNT REGISTRATION AND SECURITY
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Account Creation
To use certain features of our Services, you must register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update this information to keep it accurate, current, and complete.
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Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
Choose a strong password
Keep your password secure and confidential
Not share your account with anyone else
Notify us immediately of any unauthorized use of your account
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Identity Verification
We may implement identity verification processes that meet NIST Identity Assurance Level 2 (IAL2) and Authentication Assurance Level 2 (AAL2) standards to ensure secure access to health information.
HEALTH INFORMATION TRANSPARENCY
Consistent with our adherence to the CARIN Alliance Code of Conduct, we commit to the following principles regarding health information:
Transparency
We will:
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Maintain a privacy policy that is prominent, publicly accessible, and easy to read
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Clearly explain how we collect, use, and share your health information
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Update you regarding changes to our privacy practices
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Provide access to your health information that we've collected
Consent
We will:
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Obtain your express consent before collecting, using, or sharing your health information
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Provide clear information about how your health information will be used
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Allow you to withdraw consent at any time
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Provide mechanisms to review and modify your consent preferences
Use and Disclosure
We will:
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Use your health information only for the purposes specified at the time of collection
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Not disclose your health information without your express consent, except as required by law
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Contractually bind our third-party vendors to our privacy policies
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Inform you when we change our privacy practices or policies
Individual Access
We will:
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Provide you with access to your health information within our system
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Allow you to assign access to authorized caregivers or third parties
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Provide mechanisms to export your data
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Enable you to request corrections to inaccurate information
LIMITATIONS ON USE OF THE SERVICES
Prohibited Activities
You agree not to engage in any of the following activities:
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Violating any applicable laws or regulations
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Impersonating another person or entity
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Attempting to gain unauthorized access to our systems
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Using our Services to transmit malware or other harmful code
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Interfering with the proper functioning of our Services
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Scraping or collecting data from our Services without our permission
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Using our Services to harass, abuse, or harm another person
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Using our Services for any illegal or unauthorized purpose
Content Guidelines
Any content you submit to our Services must:
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Not infringe on the rights of others
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Not be false, misleading, or deceptive
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Not be offensive, harmful, or objectionable
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Not contain malware or harmful code
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Not violate these Terms or any applicable laws
INTELLECTUAL PROPERTY RIGHTS
Provider Directory
Our provider directory includes information about healthcare providers, facilities, and services. While we strive for accuracy, we cannot guarantee that all information is complete, accurate, or up-to-date.
No Endorsement
Inclusion of a healthcare provider in our directory does not constitute an endorsement or recommendation by Openbook. We do not verify the qualifications, certifications, or licenses of providers listed in our directory.
Healthcare Decisions
You should verify information about healthcare providers through other sources before making healthcare decisions. Openbook is not a substitute for professional medical advice, diagnosis, or treatment.
PRICING INFORMATION
Cost Estimates
Our Services may provide estimates of healthcare costs based on information from various sources. These estimates are for informational purposes only and represent our best effort to provide accurate pricing information.
No Guarantee
We do not guarantee the accuracy of pricing information, as actual costs may vary based on factors outside our control, including but not limited to provider billing practices, insurance coverage, individual circumstances, and changes in service prices.
Verification
You should verify pricing information directly with healthcare providers and your insurance company before making healthcare decisions.
THIRD-PARTY SERVICES AND LINKS
Third-Party Services
Our Services may integrate with or provide links to third-party services, including healthcare providers, insurance companies, and other websites. We are not responsible for the content, privacy policies, or practices of these third parties.
Third-Party Terms
Your use of third-party services may be subject to separate terms and conditions provided by those parties. We encourage you to review these terms before using such services..
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DISCLAIMERS
"AS IS" Basis
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
No Medical Advice
OPENBOOK DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE CONTENT AND INFORMATION AVAILABLE THROUGH OUR SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
No Guarantee
WE DO NOT GUARANTEE THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENBOOK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Openbook and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:
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Your use of the Services
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Your violation of these Terms
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Your violation of any rights of another person or entity
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Your violation of any applicable laws or regulations
TERM AND TERMINATION
Term
These Terms will remain in effect until terminated by you or us.
Termination by You
You may terminate these Terms at any time by closing your account and discontinuing use of our Services.
Termination by Us
We may terminate or suspend your access to our Services at any time, without prior notice, for any reason, including if we believe you have violated these Terms.
Effect of Termination
Upon termination, your right to use the Services will immediately cease. The following provisions will survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, and any other provision that by its nature should survive termination.
GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law
These Terms and your use of the Services will be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law provisions.
Dispute Resolution
Any dispute arising from or relating to these Terms or your use of the Services will be resolved through binding arbitration conducted by JAMS under its applicable rules. The arbitration will take place in San Francisco, California, and will be conducted in English. Judgment on the arbitration award may be entered in any court having jurisdiction.
Class Action Waiver
YOU AND OPENBOOK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Small Claims Court
Notwithstanding the foregoing, you may bring an individual action in small claims court.
CHANGES TO THESE TERMS
We may update these Terms from time to time. If we make material changes, we will provide notice through our Services or by other means. Your continued use of the Services after such notice constitutes your acceptance of the updated Terms.
GENERAL PROVISIONS
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Openbook regarding your use of the Services.
No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.
Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any affiliate or successor entity.
No Third-Party Beneficiaries
These Terms do not confer any third-party beneficiary rights.
Force Majeure
We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control.
CONTACT INFORMATION
If you have any questions or concerns about these Terms or our Services, please contact us at:
Emails: hello@openbook.health