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EULA

Allscripts ePrescribe™ Participation Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU (DEFINED BELOW) AND ALLSCRIPTS HEALTHCARE, LLC ("ALLSCRIPTS"). BEFORE ACCESSING OR USING THE ALLSCRIPTS EPRESCRIBE SERVICE (WHICH INCLUDES THE SOFTWARE AND CONTENT USED BY THE EPRESCRIBE SERVICE), YOU MUST CAREFULLY READ AND AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS ALLSCRIPTS EPRESCRIBE PARTICIPATION AGREEMENT (THE "PARTICIPATION AGREEMENT"). BY CLICKING "I AGREE" YOU REPRESENT THAT YOU ARE ACTING ON BEHALF OF YOURSELF, AS AN INDIVIDUAL, AND YOUR EMPLOYER (COLLECTIVELY, "YOU"), AND THAT YOU AGREE TO BE BOUND BY THIS PARTICIPATION AGREEMENT.

THE ALLSCRIPTS EPRESCRIBE SERVICE FACILITATES ELECTRONIC PRESCRIBING AND RENEWALS THROUGH ALLSCRIPTS' PROPRIETARY E-PRESCRIBING SYSTEM. THE ALLSCRIPTS EPRESCRIBE SERVICE DOES NOT GIVE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL OR DIAGNOSIS SERVICES OR PRESCRIBE MEDICATION. USE OF THE ALLSCRIPTS EPRESCRIBE SERVICE IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTHCARE PROVIDERS IN DIAGNOSING AND TREATING PATIENTS. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF PATIENT INFORMATION (INCLUDING, WITHOUT LIMITATION, BY OBTAINING ALL APPLICABLE PATIENT'S MEDICAL AND MEDICATION HISTORY, AND ALLERGIES), AND FOR ALL MEDICAL DECISIONS OR ACTIONS WITH RESPECT TO THE MEDICAL CARE, TREATMENT AND WELL BEING OF YOUR PATIENTS, INCLUDING, WITHOUT LIMITATION, ALL YOUR ACTS OR OMISSIONS IN TREATING THE APPLICABLE PATIENT. ANY RELIANCE BY YOU UPON THE ALLSCRIPTS EPRESCRIBE SERVICE SHALL NOT DIMINISH THAT RESPONSIBILITY.

YOU MAY NOT USE THE ALLSCRIPTS EPRESCRIBE SERVICE TO PERFORM MEDICAL DIAGNOSTIC FUNCTIONS, TO SET TREATMENT PROCEDURES OR TO SUBSTITUTE FOR THE MEDICAL JUDGMENT OF A PHYSICIAN OR QUALIFIED HEALTHCARE PROVIDER. WHEN SELECTING A NARRATIVE CONDITION OR CODED DIAGNOSIS, IF SUCH FEATURE IS AVAILABLE IN THE ALLSCRIPTS EPRESCRIBE SERVICE FOR WHICH YOU HAVE SUBSCRIBED, YOU MUST MAKE AN INDEPENDENT AND INFORMED JUDGMENT, BASED UPON THE PATIENT'S CONDITION AND SYMPTOMS AND/OR A PHYSICIAN'S SUBMITTED DIAGNOSIS, TO SELECT AN ACCURATE DIAGNOSIS CODE APPROPRIATE FOR THAT PATIENT. NEITHER ALLSCRIPTS NOR ITS LICENSORS NOR ITS CONTRACTORS MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE APPROPRIATENESS OF ANY OF THE NARRATIVE OR CODED DIAGNOSIS CODES DISPLAYED FOR ANY OR ALL PATIENTS.
1. CHANGES TO PARTICIPATION AGREEMENT: Allscripts’ ePrescribe is a service provided by Allscripts subject to the terms and conditions of this Participation Agreement and the Business Associate Addendum attached hereto. This Participation Agreement, together with the Business Associate Addendum attached hereto, constitutes the entire agreement between You and Allscripts with respect to Allscripts ePrescribe service. Allscripts may reasonably revise and update this Participation Agreement and/or the Business Associate Addendum at any time. Prior notice of an update together with your continued usage of Allscripts ePrescribe service will mean You accept those changes. We encourage You to periodically review this Participation Agreement and the Business Associate Addendum to see if the agreements have been updated.


2. IDENTITY VERIFICATION AND LICENSURE. You represent and warrant that (a) all of the information and data submitted to Allscripts as part of the Allscripts ePrescribe service enrollment process is accurate and complete and that you have the authority to submit all such information and data; (b) as of the date You first click "I Agree" below, You have all permits and licenses (including without limitation a valid state license) necessary for You to legally prescribe medication; (c) during the term of this Participation Agreement and Your use of the Allscripts ePrescribe service, You will maintain all such licenses and permits in full force and effect; (d) You will immediately cease any and all use of the Allscripts ePrescribe service if, at any time during the term of this Participation Agreement and Your use of the Allscripts ePrescribe service, You no longer have the right to legally prescribe medication. You acknowledge and agree that Allscripts has the right to (i) take all steps necessary to confirm Your identity and otherwise verify all information and data You provide to Allscripts, including without limitation, the right to submit such information and data to third parties; (ii) otherwise use such information and data in the course of the Allscripts ePrescribe service enrollment process or the Allscripts ePrescribe service for any legal purpose (including without limitation, the right to share such data with third parties); and (iii) use such information and data to contact you regarding the Allscripts ePrescribe service, or any other product or service that we believe might be of interest to You. You specifically consent to the foregoing uses of such information and data. You agree to defend, indemnify, and hold Allscripts, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, the provision, receipt or use of any information or data submitted to Allscripts hereunder. ALLSCRIPTS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DETERMINE ELIGIBILITY FOR THE ALLSCRIPTS EPRESCRIBE SERVICE.

3. TERM. This Participation Agreement, and Your right to access and use the Allscripts ePrescribe service shall become effective when you click "I Agree" and shall continue until terminated by either You or Allscripts. Allscripts may terminate this Participation Agreement, and Your right to access and use the Allscripts ePrescribe service, at any time for any reason or for no reason. Thereafter, unless specified otherwise in changes to this Participation Agreement, each of this Participation Agreement, and Your right to access and use the Allscripts ePrescribe service, shall automatically terminate.

4. SUBSCRIPTION. Certain of Allscripts’ ePrescribe products and services require You to purchase a subscription. If you elect to purchase such a product or service, You agree to abide by the Terms and Conditions for Purchase set forth below.

5. INFORMATION YOU SUBMIT AND ACCESS: You agree to (a) obtain from your patients all requisite written consents in order to utilize the capabilities of the Allscripts ePrescribe service in compliance with applicable laws, rules and regulations, including, but not limited to HIPAA (hereinafter defined), and to carry out the purposes of this Participation Agreement, (b) use any data provided via the Allscripts ePrescribe service, including but limited to PHI (hereinafter defined), plan eligibility data, formulary data and claim history data, solely to carry out treatment, payment and health care operations described in § 164.506(c) of the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R. Parts 160 and 164 (the "Privacy Rule"); and (c) use all such data in compliance with the minimum necessary standard described in § 164.502(b) of the Privacy Rule. "PHI" means all protected health information as defined in the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"), and the regulations promulgated thereunder, that is provided or received, directly or indirectly, by you via the Allscripts ePrescribe service. Allscripts may use any data provided via the Allscripts ePrescribe service, including but not limited to PHI, in connection with the provision of the Allscripts ePrescribe services hereunder and as otherwise permitted by applicable laws (including without limitation, HIPAA). A Business Associate Addendum is hereby incorporates history. When using Allscripts ePrescribe service, information will be transmitted over a medium that may be beyond the control and jurisdiction of Allscripts and its suppliers and licensors. Accordingly, Allscripts assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Allscripts ePrescribe service.

6. LICENSE, USE and COPYRIGHT: Subject to the terms and conditions of this Agreement, Allscripts grants you a limited, non-transferable, nonsublicensable, non-exclusive license to use, during the term of your subscription, Allscripts ePrescribe software and content, subject to the limitations specified herein, and only where allowed by law. Allscripts authorizes You to view or download (if downloading is otherwise permitted by Allscripts) a copy of Allscripts ePrescribe software solely for your personal use in connection with the practice of medicine; provided, however, You may allow any number of non-physician users to use Allscripts ePrescribe software and content, but only in support of your legal and professional use and provided further that You agree that You are responsible for such users' compliance with all the terms of this Participation Agreement. Allscripts ePrescribe software and content is protected by copyright under both United States and foreign laws. Allscripts ePrescribe software and content are the proprietary copyrighted property of Allscripts or its licensors. Title and ownership to Allscripts ePrescribe software and content shall be and at all times remain with Allscripts and its licensors. The rights granted by Allscripts to You hereunder do not include the right to develop derivative or related works to the Allscripts ePrescribe software or content. You shall not, nor shall You cause or permit any third party to, under any circumstances, (a) distribute, rent, sell, lease or otherwise display, disclose, transfer or make available Allscripts ePrescribe software or content to any third party; (b) modify, change, reverse assemble, reverse compile or reverse engineer Allscripts ePrescribe software, or otherwise attempt to discover any software source code or underlying proprietary information of Allscripts; (c) remove, efface or obscure any copyright notices, logos or other proprietary notices or legends (whether Allscripts' or its partners) from Allscripts ePrescribe software or content; or (c) copy Allscripts ePrescribe software or content in any form, without the express written consent of Allscripts. You may not use or allow any person to examine Allscripts ePrescribe software or content for the purpose of creating another system and You will not use or disclose any data or information relating to Allscripts ePrescribe software or content, or the technology, ideas, concepts, know-how or techniques embodied in Allscripts ePrescribe software, except as necessary to operate Allscripts ePrescribe software as contemplated by this Participation Agreement. You agree to use Allscripts ePrescribe software and content only in accordance with its directions for use and only in connection with your internal business conducted at the address(es) identified in connection with your registration. Any use of Allscripts ePrescribe software or content not expressly permitted herein is a breach of this Participation Agreement and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to Allscripts and its licensors. If You violate any provision of this Participation Agreement, your permission to use Allscripts ePrescribe software and content automatically terminates, and You must immediately destroy any copies You have made of any portion of the materials.

7. PASSWORDS AND ACCESS: Allscripts ePrescribe service is structured to allow access only to users with a valid password. You will be responsible for the assignment of access and usage privileges to users of the Allscripts ePrescribe service, including but not limited to taking all reasonable steps to ensure that no unauthorized person shall have access to your Allscripts ePrescribe password or account. It is your sole responsibility to: a) control the dissemination and use of activation codes and passwords; b) authorize, monitor, and control access to and use of your Allscripts ePrescribe account and password; c) promptly inform Allscripts of any need to deactivate a password. Your assignment of access and usage privileges shall be in conformity with applicable laws and regulations, including but not limited to those related to proper licensure of users. You will be responsible for ensuring that the licensing information and the dates for permitted use of the Allscripts ePrescribe service are correctly entered and updated. Allscripts is responsible for neither the granting nor monitoring of user privileges to the Allscripts ePrescribe service nor any incorrect entry or lack of updating of licensing information by You. You grant Allscripts and all other persons or entities involved in the operation of the Allscripts ePrescribe service the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of Allscripts ePrescribe service. Allscripts cannot and does not assume any responsibility or liability for any information You submit, or your or third parties' use or misuse of information transmitted or received using Allscripts ePrescribe service.

8. NO WARRANTIES; DISCLAIMER: THE ALLSCRIPTS EPRESCRIBE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ALLSCRIPTS EPRESCRIBE SERVICE OR THE ACCURACY OF THE INFORMATION OR DATA ACCESSIBLE BY MEANS OF THE SERVICE (IN SO FAR AS SUCH WARRANTIES MAY BE EXCLUDED UNDER ANY RELEVANT LAW), AND USE OF THE ALLSCRIPTS EPRESCRIBE SERVICE IS AT YOUR OWN RISK. ALLSCRIPTS, ON ITS OWN BEHALF AND ON BEHALF OF ITS LICENSORS, CONTRACTORS, SUPPLIERS AND ANY OTHER PARTIES WHO MAY BE ASSOCIATED WITH THE PROVISIONING OF THE ALLSCRIPTS EPRESCRIBE SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES WITH RESPECT TO YOUR USE OF THE ALLSCRIPTS EPRESCRIBE SERVICE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE INFORMATION PRESENTED VIA THE ALLSCRIPTS EPRESCRIBE SERVICE DOES NOT GUARANTEE ANY INSURANCE BENEFITS WILL BE PAID.

Without limiting the foregoing:

You agree that data and information is provided via the Allscripts ePrescribe service for your convenience only, and that the sole and exclusive responsibility for determining the accuracy, completeness, or appropriateness of any such data or information resides solely with You. Allscripts, its licensors, contractors and suppliers are not responsible for, nor do they represent or warrant the accuracy, timeliness, completeness, appropriateness or helpfulness of any content, data or information. You acknowledge that You are solely responsible for inputting and retrieving data from the Allscripts ePrescribe service, and You are solely responsible for the accuracy and adequacy of information and data furnished for processing. You understand and acknowledge that any information provided by the Allscripts ePrescribe service may be incomplete and that any formularies presented as part of the Allscripts ePrescribe service are subject to change.

Because of the rapidly changing legal and regulatory environment (particularly with regard to state requirements applicable to electronic prescribing and dispensing of medication), the information in Allscripts ePrescribe service may not be current, and accordingly, You should not rely solely upon the Allscripts ePrescribe service for such information. IN PARTICULAR, YOU ARE SOLELY RESPONSIBLE FOR KNOWING AND COMPLYING WITH ALL APPLICABLE LAWS AND REGULATIONS WITH RESPECT TO FAXING OR ELECTRONICALLY TRANSMITTING OR PRINTING A PRESCRIPTION.

The laws of each state may vary with regard to treatment of the Drug Enforcement Agency's ("DEA") classes of drugs. You are responsible for verifying that the DEA class is correct for each prescription that You transmit via electronic transmission, if such feature is available in the version of the Allscripts ePrescribe service for which You have subscribed. With respect to generic drugs, You are responsible for verifying that generic drugs, offered in their respective classes, are properly classified according to FDA regulations and guidelines. In prescribing generic drugs using the Allscripts ePrescribe service, You accept sole responsibility for the prescription of the generic drug for the patient, the complete review of the drug, and an understanding of its proper uses. In selecting a generic drug, You accept sole responsibility for any payor issues arising due to classification of the generic drugs.

With respect to Drug Utilization Review (including, but not limited to, Drug to Drug interactions), if such feature is available in the version of the Allscripts ePrescribe service for which You have subscribed, the presence or absence of any warning through the Allscripts ePrescribe service does not imply that any drug being prescribed, or having been prescribed, is suitable or safe for the patient for whom it is being, or has been, prescribed, or for any other patient. The clinical information presented by the Allscripts ePrescribe service is generalized and may not be appropriate for any given patient. You are responsible for independently considering possible drug-to-drug interactions given a patient's history.

If you license electronic prescribing of controlled substances (EPCS) as part of the Allscripts ePrescribe service, You shall and You shall cause (and be responsible for) end users of the Allscripts ePrescribe service to comply with Allscripts’ Allscripts ePrescribe EPCS Implementation Guide.

When using Allscripts ePrescribe service, information will be transmitted over a medium that may be beyond the control and jurisdiction of Allscripts and its suppliers and licensors. Accordingly, Allscripts assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Allscripts ePrescribe service.

9. WAIVER, RELEASE AND LIMITATION OF LIABILITY: You hereby release and forever waive any and all claims You may have against Allscripts, its officers, directors, employees, agents, consultants, information providers, licensors or suppliers for losses or damages You sustain in connection with your use of Allscripts ePrescribe service. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS PARTICIPATION AGREEMENT, IN NO EVENT SHALL ALLSCRIPTS, ITS LICENSORS, SUPPLIERS OR ANY THIRD PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, (INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, SICKNESS, DEATH, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) OR DAMAGES FOR LOSS OF PROFITS OR REVENUES THAT MAY RESULT FROM OR IN CONNECTION WITH USE OF (OR INABILITY TO USE) THE ALLSCRIPTS EPRESCRIBE SERVICE, OR ANY RELATED MATERIALS OR INFORMATION, WHETHER AS A CONSEQUENCE OF ANY OPERATIONAL FAILURE OF THE ALLSCRIPTS EPRESCRIBE SERVICE, INACCURACIES IN, OR ANY OMISSIONS FROM, THE INFORMATION, CONTENT OR DATA PROVIDED OR PROCESSED VIA THE ALLSCRIPTS EPRESCRIBE SERVICE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR EVEN IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. ALLSCRIPTS SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED ONE HUNDRED DOLLARS ($100). Remedies under this Participation Agreement are exclusive and are limited to those expressly provided for in this Participation Agreement.

10. INDEMNITY: You agree to defend, indemnify, and hold Allscripts, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, all medical decisions or actions with respect to the medical care, treatment and well being of patients, including but not limited to errors or omissions in treating the such patients, and any violation of this Participation Agreement.

11. SPONSORED CONTENT/ADVERTISING
If you have opted to receive sponsored content, You understand and agree that during the term of this Agreement, Allscripts may, and may permit third parties to, display advertising and other information ("Advertisements") within Allscripts ePrescribe and/or in connection with the display of its content. The Advertisements, including all of their content, are protected by copyrights, trademarks, service marks, patents or other proprietary rights separate from any protection disclosed to you or rights given to you in this license. The content and extent of the Advertisements displayed during your use of the Allscripts ePrescribe is subject to change without notice. You hereby agree that Allscripts may place such Advertisements on the Allscripts ePrescribe.



12. GENERAL: Allscripts makes no claims that Allscripts ePrescribe software or content are appropriate or may be viewed, used or downloaded (if downloading is otherwise permitted by Allscripts) outside of the United States. Access to the Allscripts ePrescribe service may not be legal by certain persons or in certain countries. If You access Allscripts ePrescribe service from outside the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You expressly agree that exclusive jurisdiction for any dispute with Allscripts, or in any way relating to your use of the Allscripts ePrescribe service, shall be governed and construed in accordance with the laws of the State of Illinois, without reference to the principles of conflicts of laws thereof. You also irrevocably agree to the exclusive jurisdiction of the federal and state courts located in the State of Illinois, County of Cook. If any provision of this Participation Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Participation Agreement, which shall remain in full force and effect. No waiver of any of this Participation Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.


BUSINESS ASSOCIATE ADDENDUM

This BUSINESS ASSOCIATE ADDENDUM ("BAA") by and between You or Your employer, as applicable (collectively, "You") and Allscripts Healthcare, LLC ("Allscripts") is an addendum to the Allscripts ePrescribe Participation Agreement (the "Participation Agreement"). This BAA imposes restrictions and security requirements on Allscripts use and disclosure of Protected Health Information ("PHI") and Electronic PHI ("EPHI") disclosed by You and provides other terms consistent with the requirements of the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health Act of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, Title XIII (2009) ("HITECH") and associated implementing regulations (collectively, "HIPAA"). Effective September 23, 2013 ("Compliance Date"), HIPAA shall include the Omnibus Rule published on January 25, 2013.
  1. Allscripts Promises.
    • Safeguards. Allscripts will use appropriate safeguards to prevent the Use or Disclosure of PHI except as provided by this BAA, including appropriate Administrative, Physical, and Technical safeguards to protect the confidentiality, integrity and availability of any EPHI in compliance with the HIPAA Security Rule (as of the Compliance Date).
    • Reporting. Allscripts will report to You without unreasonable delay (i) any improper or unauthorized Use or Disclosure of PHI or (ii) any Allscripts known Security Incident, in each case that compromises Your PHI or EPHI.
    • Mitigation. Allscripts will mitigate, to the extent practicable, any harmful effect that is known to Allscripts of a Use or Disclosure of PHI by Allscripts in violation of this BAA.
    • Agents and Subcontractors. Allscripts will ensure that any agent or subcontractor that accesses, creates, receives, maintains or transmits PHI on behalf of Allscripts, agrees to, in writing, the same safeguards, restrictions and conditions that apply to Allscripts with respect to such PHI.
    • Access and Availability of PHI for Amendment. If Allscripts is required by the Participation Agreement to maintain Your Designated Record Set, upon receipt of a reasonable advance written request from You, Allscripts will provide You access to PHI and EPHI in a Designated Record Set and incorporate any amendments of PHI in a Designated Record Set that You agree to in accordance with HIPAA.
    • Audit and Inspection. Allscripts will make its internal practices, books, and records relating to the Use and Disclosure of PHI available to the Secretary in a time and manner reasonably designated by the Secretary during Allscripts normal business hours, for purposes of the Secretary determining Your compliance with HIPAA.
    • Accounting of Disclosures. Allscripts will document any of its Disclosures of PHI in accordance with the standards applicable to Individual requests to You for disclosure accounting in accordance with HIPAA. Allscripts will provide You such information within 15 days of receipt of Your reasonable written request in connection with an accounting request from an Individual.
    • Breach Notification. Except as provided in HIPAA, Allscripts will give You notice of any Breach of Unsecured PHI without unreasonable delay, but in no case later than 15 business days after discovery of the Breach. The notice will include, to the extent possible, known or available, the information required by HIPAA.
  2. Allscripts Permitted Uses and Disclosures.
    • General Use/Disclosure. Allscripts will not Use or Disclose PHI, except as permitted or required by this BAA, the Participation Agreement, or law. Except for purposes in this Section, Allscripts may not Use or Disclose PHI in a manner that would violate HIPAA if done by Client. For clarification, a Disclosure of PHI made through use of any product, software or service shall be deemed and treated as a Disclosure by You (and not by Allscripts) if the Disclosure is made (i) by or at the specific request of You and/or any Authorized User(s), or (ii) under Your or any Authorized User account (and not as a result of Allscripts’ negligence).
    • Service Performance. Allscripts may Use or Disclose PHI to perform services or obligations under this BAA or the Agreement. Notwithstanding the foregoing, Allscripts may use or disclose PHI for any of the following purposes: (i) loading Allscripts software at Your site; (ii) interfacing Allscripts software with other software used by You; (iii) training You and your users in the use of Allscripts’ systems and software; (iv) providing on-site support services to You and your users; (v) providing help desk support services to You and your users; (vi) repairing the Allscripts systems or software; (vii) upgrading the Allscripts systems or software; (viii) updating information on the Allscripts software; (ix) transmitting prescriptions, dictations, claims, orders, results or other records as requested by You, your users and/or the patient; (x) transmitting PHI to another covered entity, either directly or through its business associate, in connection with a use for which the HIPAA privacy rule allows such disclosure; (xi) any other purpose which supports the intended use of Allscripts’ systems and software by You or your users; or (xii) any other purpose which requires consent or authorization of the patient, if such consent or authorization is obtained.
    • Minimum Necessary. Allscripts will Use, Disclose, or request only the minimum necessary amount of PHI to accomplish the intended purpose.
    • Proper Management and Administration. Allscripts may Use or Disclose PHI for the proper management and administration of Allscripts or to carry out the legal responsibilities of Allscripts in compliance with HIPAA.
    • Other Permitted Uses. Allscripts may in compliance with HIPAA: (a) perform data aggregation for Your health care operations; and (b) de-identify PHI in accordance with HIPAA and use or disclose (and permit others to use or disclose) de-identified information on a perpetual, unrestricted basis.
    • Performance of Your Obligations. To the extent Allscripts is required by the Agreement to carry out Your obligations under HIPAA, Allscripts shall comply with the HIPAA requirements that apply to You in the performance of such obligations.
  3. Duties and Responsibilities of Client. You shall not request Allscripts to use or disclose PHI in any manner that would not be permissible under HIPAA. You represent and warrant that You have obtained all consents, authorizations, or other permissions necessary under HIPAA. You agree to take all reasonable and appropriate steps to ensure compliance with Your role as a Covered Entity, including implementing reasonable security measures such as firewalls, patch installations, and encryption.

  4. Termination. Either party may terminate this BAA as part of the termination of the whole Agreement per the "Termination" Section of this Core. Upon termination, Allscripts will return or destroy all PHI received from or created or received on behalf of You, or otherwise in Allscripts (or its subcontractors’ or agents’) possession, if feasible. Allscripts and its subcontractors and agents will retain no copies of the PHI. In the event that Allscripts determines that returning or destroying the PHI is infeasible, Allscripts will extend the protections of this BAA to and limit any further Uses and Disclosures of such PHI to only those purposes that make the return or destruction infeasible.

  5. Other Terms. Terms used, but not otherwise defined, in this BAA shall have the same meaning as those terms as set forth in HIPAA. A reference in this BAA to a section in HIPAA means the section as in effect or as amended, and for which compliance is required. We will negotiate in good faith as is reasonably necessary to amend this BAA so that each party agrees to comply with the requirements of HIPAA and any current or future regulations promulgated thereunder that are binding on such party. Any ambiguity in this BAA shall be resolved in favor of a meaning that permits the parties to comply with HIPAA.





TERMS AND CONDITIONS OF PURCHASE

1. Payment and Billing Terms/Term and Termination.
By entering your credit card information and clicking to license ePrescribe Deluxe, EPCS, ePrior Authorization and/or Sponsored Content/Advertisements, You expressly agree that Allscripts is authorized to charge You a monthly membership fee ("Subscription Fee") for the number of providers registered under your account. Applicable taxes, if any, on your use of Allscripts ePrescribe™ service will be billed to the credit card You provided during registration. The Subscription Fee will be billed at the time of registration and on each monthly anniversary of your registration thereafter unless and until your membership in cancelled. All fees and charges are nonrefundable and there are no refunds or credits for any reason, including, but not limited to, in the event that You choose to suspend or cancel your subscription or if your subscription is terminated due to a violation of the Participation Agreement.
  • You may add providers at any time at the then-current pricing. You may remove providers at any time; however, there will be no credit or refund for such provider during the then-current month for which You paid your Subscription Fee, and the amount billed to You will be adjusted upon the next monthly renewal thereafter.

  • For ePrescribe Deluxe and ePrior Authorization, You will be charged for the number of providers registered to Your account at the beginning of the billing period. Your account will be automatically adjusted to reflect any changes in the number of providers for each billing period.

  • For ePrescribe Deluxe with EPCS, You will be charged for the number of providers registered to Your account at the beginning of the billing period. Your account will be automatically adjusted to reflect any changes in the number of providers for each billing period. A one time setup charge will be applied for each provider that initiates the level of identity assurance authentication required to gain access to the EPCS 2nd factor authentication

  • If you agreed to accept sponsored content/advertisements, the terms of the EULA apply regarding advertisements and you will receive a discount.

  • Allscripts may change the fees and charges in effect, or add new fees and charges from time to time, but Allscripts will give You advance 60 days’ notice of these changes by email. At the end of the notice period any price changes will then be applied upon your next renewal.

  • By submitting your credit card to purchase a subscription, You hereby acknowledge, agree and authorize Allscripts to renew your subscription, automatically, every month, at the then-applicable renewal rate that applies to the purchase option chosen by You, until such time as You instruct Allscripts to stop the renewals. Renewals can be stopped by clicking on the "Manage Account" button and following the applicable instructions.

  • If there is a change in your credit card validity or expiration date, You may edit your information by clicking on the "Manage Account" button.

  • Allscripts reserves the right to terminate your account: (i) for any or no reason upon thirty (30) days prior written notice, or (ii) upon immediate notice if Allscripts determines, in its sole discretion, that You have violated the terms of the Participation Agreement.

2. Disputes. All disputes resulting from any purchase of a subscription or any other charges made within the Allscripts ePrescribe service shall be governed and construed in accordance with the laws of the State of Illinois, without reference to the principles of conflicts of laws thereof. You also irrevocably agree to the exclusive jurisdiction of the federal and state courts located in the State of Illinois, County of Cook.

3. Personal Information.
  • Any personally identifying information submitted on the Allscripts ePrescribe website is subject to Allscripts’ Privacy Policy, the terms of which are incorporated herein. Please review Allscripts’ Privacy Policy to understand its practices. The date of any changes to the Privacy Policy will be noted at the bottom of such Privacy Policy.
  • Marketing Uses: Allscripts may use your personal information for marketing purposes. Allscripts may also share your data with third parties for their marketing purposes. Allscripts may use your personal information to send you emails containing marketing information. You can choose to restrict or "opt out" of these uses by following the instructions in these emails. However, if you choose not to receive marketing emails from Allscripts, this change is only effective for marketing emails sent from Allscripts. If you receive marketing emails directly from a third party, you will need to unsubscribe directly with each of those third parties."



AMENDMENT A

E-PCS END USER AGREEMENT



1. This Verizon End-User Agreement (the "Agreement") is a binding, contractual agreement between the End-User ("You") and MCI Communication Services, Inc. d/b/a Verizon Enterprise Solutions Services ("Verizon"). This Agreement is applicable, to the extent that you use ePCS. This agreement covers your application for a digital identity, in the form of a digital credential ("Credential"), the issuance of that Credential by Verizon, and the use of that Credential by You. A Credential is an attestation of identity, qualification, competence, or authority that will be issued to You by Verizon. A Credential will only be issued to You once your identity has been confirmed.

2. The Credential allows Relying Parties to establish your identity when You try to access its websites and applications using this Credential. A Relying Party is an organization that uses your Credential to verify your identity and to authenticate You to its websites or applications. Only those Relying Parties with an established contractual agreement with Verizon are able to rely upon a Credential.

3. By entering this Agreement, You authorize Verizon to provide identity assertions to Relying Parties that have contracted with Verizon to provide authentication services. These identity assertions shall only be provided to the Relying Party if You attempt to access its application or website using your Credential. An identity assertion is a statement asserting your identity to the Relying Party organization.

4. You agree that You have read, understood and agree to the all of the following:

a. You will take all reasonable measures to protect the Credential and its associated user name, password, and activation data (e.g., PIN), and immediately report the loss, compromise or destruction of the Credential, user name, password or activation data.
b. You will verify your information contained in the Credential before using it and promptly notify Verizon of any errors.
c. You will neither copy your Credential nor allow it to be used by another person.
d. You will immediately request revocation of your Credential if: (i) any data used to access your Credential or the token containing your Credential are insecure in any way; or (ii) any of the information contained in the Credential, or your identification and authentication information has been changed.
e. You will use the Credential and any related service only in accordance with this Agreement, applicable privacy terms, laws and regulations.
f. You will periodically review your obligations under this Agreement and are, in any case, responsible therefor.
g. You will not challenge the legal effect, validity, or enforceability of the Credential or any electronic identity assertions or electronic signatures made to Relying Parties by Verizon on your behalf.
h. A Relying Party may enforce the terms and conditions of this Agreement against You as an express third-party beneficiary.

5. You further agree that You have read, understood and agree to all of the following:

a. Verizon may revoke (either temporarily or permanently), without prior notice to You, the Credential as directed by the Relying Party if Verizon reasonably believes that You are using the Credential in violation of this Agreement or applicable law or regulation. Upon revocation of your Credential, You shall no longer use the Credential for any purpose.
b. If Verizon is informed that your Credential is based upon erroneous information (whether or not provided by You in your Credential Application), Verizon may revoke your Credential without prior notice to You and issue a corrected Credential based upon the correct information.
c. Any device with which You will interact to use your Credential has appropriate security controls installed and activated, and that the latest updates are applied.

6. You warrant to Verizon and anyone who relies on your Credential that:

a. All information You provide to Verizon for use to verify your identity is accurate.
b. No information You provide to Verizon (including your e-mail address) infringes any copyright or the intellectual property rights of any third parties.
c. The information You provide has not been and will not be used for any unlawful purpose.
d. You have been and will remain the only person (i) able to access your Credential or (ii) possessing any access information or hardware mechanism used for the Credential.
e. You will use your Credential exclusively for authorized and legal purposes consistent with this Agreement.

7. You agree that Verizon may collect and use technical data and related information, including but not limited to technical information about your device, system, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to this Credential.

8. In order to be issued a Credential, as part of a registration process created by Verizon, You will be requested to submit information that individually identifies You (Personally Identifiable Information or "PII" as set forth in Verizon's Privacy Policy at www.verizonenterprise.com). In seeking a Credential and using such Credential after issuance, You consent to Verizon's use, storage, and sharing of such information as needed and to monitor Your use of the internet as it pertains to the issuance and use of Your Credential under this agreement.

9. When You complete the online application to obtain a Credential, Verizon will collect PII and other information directly or indirectly from You that it will use to confirm your identity before Verizon issues a Credential. The information Verizon collects will include, but may not be limited to, your name, email address, home address, phone number, mobile phone, fax number, User ID, and professional licenses (if applicable). If You reside within Europe, when You provide PII to Verizon such PII will be processed in accordance with the provisions of the EU Data Protection Directive 95/46 and applicable law(s). Regardless of your country of residence, by obtaining and using a Credential You understand and agree that PII may have been provided by your employer to Verizon to confirm your identity. You agree that PII may be transferred outside the European economic area or your country of residence, including transferring PII to countries that may not provide adequate protections for PII. Verizon may share your PII and other collected information with third parties as may be necessary to confirm your identity or to perform authentication services. Verizon may also obtain and use PII provided by an organization that has contracted with Verizon to provide Credentials to its employees and contractors. Verizon may also transfer your PII and other collected information to third parties, including but not limited to the Relying Party for the sole purpose of issuing Credentials and providing identity assertions. PII will be used solely for issuing Credentials and providing identity assertions, and will be held no longer than is necessary in order to provide You with such use. During the initial registration process You may choose to "opt-out" of the service by not consenting to the collection of your PII. If You do so, You will not be able to obtain a Credential.

10. Verizon and Relying Parties will process, share and transmit your PII and other personal data through the Internet, worldwide, to authenticate You in the context of digital identity transactions You conduct with Relying Parties for purposes of identity authentication.

11. If You need to update or correct your PII (e.g. name change due to marriage) that was used to obtain a Credential, You will need to revoke your Credential and obtain a new one. You may update your PII by contacting your local help desk who will forward your request to Verizon.

12. You acknowledge that the export, import, and use of certain hardware, software, and technical data provided hereunder is regulated by the United States and other governments and agree to comply with all applicable laws and regulations, including the U.S. Export Administration Act, the regulations promulgated thereunder by the U.S. Department of Commerce, and any other applicable laws or regulations (collectively, "Laws"). Without limiting the generality of the foregoing You further agree:
a. You shall not export, re-export, release, transfer or allow the diversion of any items, hardware, software, technology, or the direct product of such technology obtained by You under this Agreement without first complying fully with all applicable Laws.
b. Neither You nor any entity with whom You do business, is subject to trade sanctions, embargoes, or other restrictions under any Laws, and neither You nor any entity with whom You do business, is involved in an end use prohibited under any laws including but not limited to chemical or biological weapons proliferation or nuclear or missile technology proliferation, in either case without complying fully with all applicable laws and obtaining any and all required licenses.
c. You shall cooperate with and provide all necessary information to Verizon in order to facilitate full compliance with all Laws.
d. You are not subject to any U.S. government or other relevant government order suspending, revoking or denying export privileges.

13. To the maximum extent permitted by applicable laws, You agree to indemnify and hold Verizon harmless from any damages to Verizon for your breach of any terms of the Agreement set forth herein.

14. Your right to use a Credential under this Agreement will terminate automatically without notice from Verizon if You fail to comply with any term(s) of this Agreement. Upon such termination, Verizon will revoke your Credential and You must cease all use of the Credential.

15. You may not assign this Agreement, your Credential, or the use of your Credential to any person or entity.

16. To the maximum extent permitted by applicable laws: i) You agree that Verizon will not be liable for any damages to You for failure to issue You a Credential or by not permitting You to access the website or application of a Relying Party; and ii) You further agree that Verizon shall not be liable for any damages resulting, directly or indirectly, from any act or failure to act by Verizon or any third party acting on its behalf including, without limitation, the non-performance, defaults, omissions or negligence of any third party with respect to this Agreement.

17. Verizon shall not be liable under this Agreement due to its inability to perform its obligations by reason of fire, earthquake, flood, labor disruption or any failure or delay of any transportation, power, computer or communications system or any other or similar cause beyond Verizon's control.

18. Except as expressly set forth herein, nothing in this Agreement, express or implied, may be construed to confer any rights, legal or equitable, in any person or entity other than the parties hereto and their respective successors and permitted assigns.

19. If any provision of this Agreement is held by any entity of competent jurisdiction to be unenforceable, the remainder of the Agreement remains enforceable.

20. Failure or delay by You or Verizon to exercise or enforce, or a partial exercise of, any right under this Agreement is not a waiver of that right.

21. This Agreement will be governed by and construed in accordance with the domestic law of New York, without regard to its choice of law principles. For any such dispute, the parties waive any and all objections to venue in New York, United States District Court for the District of New York and the courts of the State of New York in New York, New York.

22. The Agreement (a) expresses the entire understanding of the parties with respect to its subject matter; (b) supersedes all prior or contemporaneous representations, solicitations, offers, understandings or agreements regarding their subject matter which are not fully expressed herein; and (c) contains all the terms, conditions, understandings, and representations of the parties.







June 7, 2016
Confidential and Proprietary, © 2009-16 Allscripts Healthcare, LLC and its affiliates. All Rights Reserved.

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