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Last Updated: April 16, 2019
This Business Associate Agreement (“Agreement”) constitutes a contract by and between CERTIFY Global Inc. (“CERTIFY” or “Business Associate”) and any health care provider, health plan, or health care clearinghouse (“Covered Entity”) (each a “Party” and collectively the “Parties”) who signs up to use CERTIFY’s Services through our Website, who signs a separate agreement regarding the Services, or who provides CERTIFY with any protected health information (“PHI”) for any purpose. This Agreement governs Business Associate’s processing, storage, and/or use of any PHI provided to Business Associate by Covered Entity, unless the Parties sign a separate Business Associate Agreement, and is effective as of the date the Covered Entity signs up to use CERTIFY’s Services or signs a separate agreement to use the Services (“Effective Date”). If the Parties sign a separate Business Associate Agreement, the separate agreement will control.
The capitalized terms that appear in this Agreement have the same meanings as in CERTIFY’s Terms of Use, unless they are defined in this Agreement. The capitalized terms that are defined in this Agreement have the same meanings as used in the Health Insurance Portability and Accountability Act (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH”), and any regulations relating to those acts (“HIPAA Rules”). Please click here [www.hhs.gov/hipaa] for the text of these laws and regulations.
THE PARTIES AGREE THAT THEY WILL NOT BE LIABLE TO EACH OTHER FOR ANY DAMAGES, UNLESS SUCH LIABILITY IS FOUND TO HAVE BEEN CAUSED BY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, ARISING FROM OR RELATED TO THIS AGREEMENT. THE PARTIES AGREE THAT THIS LIMITATION ON LIABILITY APPLIES TO ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, ANY ACCOUNTING OF PROFITS, OR ANY LOST PROFITS, UNDER ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF WHETHER THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTIFY is a leading provider of patient engagement and authentication globally which serves millions of patients, all with the common mandate to secure flexible engagement solutions in a HITRUST & HIPAA compliant environment. The best part? CERTIFY can be seamlessly integrated with your existing EHR to streamline and secure the patient journey.
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