Terms and Conditions of Use

Bardavon Health Innovations® Referral Website

Terms and Conditions of Use

This Referral Website Terms and Conditions of Use (“Terms and Conditions of Use”) constitutes a legally binding agreement between you (“you,” “your” or “User”) and Bardavon Health Innovations LLC (“Bardavon,” “we,” “us,” or “our”). Bardavon® owns and operates the referral page within Bardavon website, bardavon.com (the “Referral Site”), and your use of the Referral Site is governed by these Terms and Conditions of Use. Bardavon reserves the right to change these Terms and Conditions of Use from time to time as it deems necessary, and will post the revised Terms and Conditions of Use with the effective date on the Referral Site.

About Bardavon and the Referral Site

Bardavon is a specialty network that provides management services related to workers’ compensation programs, including data and analytics solutions, as well as access to its network of physical therapy providers. The Referral Site is intended for use by employers and their workers’ compensation case managers and adjusters in order to refer a workers’ compensation patient case to us for review and referral to one of our network therapy providers. The information that you may submit to us through the Referral Site includes personally identifiable information about the workers’ compensation patient, including demographic information, date of birth, and information about the injury, such as date of injury, body part affected, along with applicable prescription and other referral documentation (“Patient Information”), and personally identifiable information about yourself, as the referring adjuster or case manager, as well as personally identifiable information about the referring physician (“PII”).

How You Accept These Terms and Conditions of Use

By clicking “I Agree” and “Submit Referral” and by using the Referral Site you unconditionally agree to follow and be bound by these Terms and Conditions of Use. If you do not agree to be bound by and comply with all of the Terms and Conditions, you may not submit a referral request through our Referral Site.

What You Represent and Warrant to Us

You represent and warrant to us that: (a) you are who you say you are when you use the Referral Site; (b) you are authorized to submit Patient Information and PII through the Referral Site; and (c) you have obtained any necessary consents required for you to submit any information, including Patient Information and PII, to us through our Referral Site. You agree to maintain adequate records to allow you to reproduce any information that you submit to us through the Referral Site. We are not liable for the content of, or any errors in, the information that you submit through the Referral Site.

Prohibited Use of Referral Site

You agree not to submit any information to through the Referral Site that:
  1. Is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
  2. Infringes on the copyright or any other proprietary right of a third party;
  3. Would invade the privacy of any other person;
  4. Contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or
  5. Attempts to gain unauthorized access to other computer systems or networks connected to the Referral Site.

Confidentiality, Privacy and Security

You acknowledge that the information that you submit to us through the Referral Site includes confidential medical information and related claims information. You will ensure that you have the authority and have obtained any necessary consents to submit the information to us through the Referral Site. We agree to protect the confidentiality, privacy and security of the Patient Information and PII that you submit to us in accordance with our Referral Site Privacy Policy.

Intellectual Property Ownership

Bardavon alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Referral Site, all content therein, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Referral Site or any services provided in connection therewith. You may not remove, alter, or obscure any trademark or copyright notice or any other proprietary notice that appears on or in the Referral Site. Bardavon’s name, logo, and the product and service brand names associated with the Referral Site are trademarks of Bardavon and no right or license is granted to use them. All logos, trademarks, service marks, domain names and trade names appearing on or within the Referral Site (collective “Marks”), whether registered or not, are the sole property of Bardavon or their respective owners. You may not use any Marks without the express written permission of Bardavon or their owners.

Modifications, Termination, Interruption and Disruptions to the Referral Site

You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Referral Site whether to all users of the Referral site or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions. We do not guarantee that the Referral Site will be uninterrupted or that it will be secure, consistent, timely or error-free.

Consent to Communication By E-Mail or Phone

Once you have submitted a referral to the Referral Site, we will respond to you by e-mail, text or phone. You consent to receive voice and electronic communications from us for these purposes.

Disclaimers

We provide the Referral Site for your convenience only. Because of the possibility of human and mechanical error, as well as other factors, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, REPRESENTATION ABOUT ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OR INCOMPLETENESS OF INFORMATION, UNAUTHORIZED ACCESS, COMPUTER VIRUSES, MALICIOUS CODE, LOSS OF DATA, COMPATIBILITY ISSUES, OR OTHERWISE. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA. COST TO PROCURE REPLACEMENT SERVICES OR GOODS, OR BUSINESS OPPORTUNITIES) ARISING OUT OF YOUR ACCESS TO OR USE OF OUR REFERRAL SITE, OR ANY ACTS, OMISSIONS, DEFECTS, SECURITY BREACHES, OR DELAYS, REGARDLESS OF THE BASIS OF THE CLAIM OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification

You agree to defend, indemnify and hold us harmless against any claims, losses, damages, expenses or costs (including without limitation reasonable costs of litigation such as attorneys’ fees and expert fees) arising from, incurred as a result of, or related to your breach of this Agreement, your unauthorized or illegal use of the Referral Site or the information contained within or transmitted through it.

Termination

We may terminate your right to access or the Referral Site, at any time, with or without cause.

Effective Date: 12/01/2016