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Terms and Conditions

PLEASE READ THE AGREEMENT BELOW. INDICATE YOUR ACCEPTANCE AND AGREEMENT BY CLICKING THE "AGREE" BUTTON ON THE PRECEDING SCREEN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CLICK "AGREE" BUTTON.

WOW HEALTH SOLUTIONS, LLC PARTICIPATING PROVIDER AGREEMENT

This Participating Provider Agreement (“Agreement”) is made by and between WoW Health Solutions, LLC, a Michigan limited liability company (“WoW”), and the undersigned individual or organization (“Participating Provider”). WoW and Participating Provider are sometimes referred to herein as a “Party” and collectively as the “Parties.” In consideration of the mutual promises specified herein and other good and valuable consideration, the receipt and adequacy of which are forever acknowledged, the Parties agree as follows:

Definitions

“WoW Platform” means that certain software platform and related service which WoW makes available for use by Participating Individuals and Participating Providers, whereby Participating Individuals can choose to obtain designated services, which are not to be reimbursed by insurance, governmental or self-funded group plans, from Participating Providers or to pay Participating Providers for furnishing such services. WoW and the WoW Platform, individually and collectively, is not any one or more of the following: (i) a provider of healthcare services, (ii) a network of healthcare providers, (iii) a vendor of marketing, credentialing, billing or services to Participating Providers, other than the WoW Platform, or (iv) an insurer, a health care plan, or an employee benefit plan including an ERISA plan.
“Participating Individual” means an individual who has agreed to WoW’s terms of service, whether as a result of sponsorship by an employer or employer group which has agreed to WoW’s terms of service or without such sponsorship.
“Participating Provider” means a healthcare professional or services provider which has agreed to WoW’s terms of service.
“Fee” means the fee which Participating Provider establishes and charges to Participating Individual for services which Participating Individual requests Participating Provider to furnish and which Participating Provider furnishes to Participating Individual, for services furnished via the WoW Platform.
“Term of the Agreement” means the period beginning as of the date of Participating Provider’s acceptance and agreement to this Agreement through December 31 of the same year and automatically renewing for subsequent period(s) of one-year each unless a Party gives the other Party no less than thirty (30) days notice of non-renewal in which event such period shall terminate on December 31 of the year in which notice of non-renewal is given; provided, however, that the Term of the Agreement may be sooner terminated as provided in Section 2.5 herein. Upon termination of the Term of the Agreement, all rights and obligations of the Parties under this Agreement shall cease and shall not continue, except for such rights and obligations which by their terms herein continue beyond and survive termination.

Terms of Participation.

Use of WoW Platform. By execution of this Agreement, Participating Provider shall have the right to use the WoW Platform during the Term of the Agreement, subject to the terms and conditions of this Agreement and all policies, rules and regulations which WoW has established or may hereafter establish.
Participating Provider’s Responsibility for Health Care Services. Participating Provider agrees that it, and not WoW, is responsible for the furnishing of health care services to Participating Individuals in compliance with all applicable laws, rules and regulations, including telehealth and telemedicine laws, rules and regulations. Participating Provider agrees to maintain all licenses and registrations, without limitation, necessary for it to furnish health care services to Participating Individuals. Participating Provider agrees to maintain professional liability insurance coverage, covering alleged acts and omissions which may be asserted by or on behalf of Participating Individuals during and following the Term of this Agreement, with limits of coverage no less than Participating Provider maintains for services it furnishes not using the WoW Platform. Participating Provider agrees that Practice is responsible to maintain for its patients medical records in accordance with applicable legal requirements and generally accepted standards of medical practice. Participating Provider is responsible to comply with the requirements of applicable Law as to informed consent to treatment and as to the use and disclosure of individual patient information, including, but not limited to, the requirements of HIPAA and of applicable state law.
Limitation of Liability. THE WOW PLATFORM IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE IMPOSED BY OPERATION OF LAW, ARE DISCLAIMED, VOID AND OF NO EFFECT. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WOW BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING CLAIMS ASSERTED BY PARTICIPATING INDIVIDUALS, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE WOW PLATFORM, DATA OUTPUTS, REPORTS, THE USE OF OR INABILITY TO RECEIVE REPORTS OR OTHER SERVICES EVEN IF WOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification. Participating Provider agrees to indemnify, defend and hold WoW (including its members, officers, employees, representatives and agents) harmless from any and all alleged claims, actions, lawsuits, damages, demands, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, resulting from or arising out of the furnishing of services by Participating Provider using the WoW Platform and any breach by Participating Provider of the terms and conditions set forth in this Agreement.
HIPAA Compliance. If and to the extent that WoW may qualify as a business associate of Participating Provider for purposes of HIPAA, WoW and Participating Provider agree to the terms of conditions of WoW’s HIPAA business associate agreement posted on WoW’s website and as it may be amended from time to time by WoW.
Records. A Participating Individual’s health information (such as professional services, laboratory tests, imaging and prescriptions) will be available to Participating Provider to view and download during the Term of this Agreement and for a reasonable period of time following the Term as determined by the Company and per written notice given to Participating Provider by the Company. The Company will not delete or destroy a Participating Individual’s health information without first giving the Participating Provider advance written notice by email to the most recent email address in its account information and a reasonable opportunity to download such information as determined by the Company.

Compensation and Other Terms

Compensation Rate. WoW agrees to remit to Participating Provider, and Participating Provider agrees to accept as its total compensation for all services rendered via the WoW Platform, Participating Provider’s Fee, no less frequently in arrears in accordance with the compensation schedule executed by WoW, provided, that any unpaid Fees payable to Participating Provider as of the termination of the Term of this Agreement shall be paid to Participating Provider within thirty (30) days of termination. Participating Provider agrees that it is responsible to bear the cost of its own expenses necessary to furnish services to Participating Individuals.
No Licenses. No license or other rights in the trademarks and intellectual property of WoW is conferred to Participating Provider.
Other Participating Provider Obligations. Participating Provider agrees that during the Term of the Agreement and for the two-year period following termination of the Term of this Agreement, Participating Provider shall not solicit Participating Individuals, employers and employer groups which Participating Provider contacted on behalf of WoW during the Term of this Agreement, on behalf of any individual or organization offering services similar to or competitive with the WoW Platform. In the event of any violation of this Paragraph by Participating Provider, Participating Provider agrees to pay WoW, as liquidated damages and not as a penalty, three (3) times the compensation paid or payable by WoW to Participating Provider during or following the Term of this Agreement and any successor Agreement, it being agreed that such amount is a reasonable estimate of the damages that WoW is expected to incur upon a breach of this Paragraph by Participating Provider. Participating Provider and WoW agree that damages at law alone would be an inadequate remedy for the breach of this Section and that, in addition to any other remedies to which the WoW would otherwise be entitled, WoW shall be entitled to injunctive relief with respect thereto.
Confidentiality. Participating Provider agrees that during the Term of the Agreement and following termination of the Term of this Agreement, Participating Provider shall treat confidentially all Confidential Material, in written or oral form, which shall be deemed confidential and subject to this Agreement unless excluded herein. Confidential Material shall include, without limitation, all WoW business structuring, prospect lists, customer lists, vendor lists, strategies, financial information, this Agreement, customer development and marketing strategies, customer lists, product development, business operations and plans, information, data, reports, analyses, compilations, studies, interpretations, projections, forecasts, records, agreements, contracts and other materials. Participating Provider shall be permitted to use Confidential Material only during the Term of this Agreement, and only then in furtherance of Participating Provider’s duties hereunder to WoW and for no other purpose. Participating Provider agrees to return all Confidential Material to WoW upon its written demand. Participating Provider agrees that damages at law alone would be an inadequate remedy for the breach of this Section and that, in addition to any other remedies to which the WoW would otherwise be entitled, WoW shall be entitled to injunctive relief with respect thereto.
Termination of Term of Agreement for Cause. The Term of this Agreement may be terminated before its stated expiration date upon ten (10) day’s written notice by one Party to the other Party for a material breach of this Agreement which is not cured before expiration of the ten (10) day notice period, or upon written notice in the event that the Parties fail to reach agreement to amend this Agreement as provided in Section 2.6.
Change in Law/Regulations. The Parties hereby acknowledge and agree that it is intended that this Agreement comply with all applicable federal and state laws, rules and regulations, including, without limitation, 42 USC §1320a-7b and 42 USC §1395nn and their respective rules and regulations, to the extent applicable. In furtherance of the foregoing, the Parties agree that if during the term of this Agreement any federal or state laws, rules or regulations are reasonably interpreted by counsel to any Party hereto, based on published interpretations, to result in, or, are promulgated or amended and result in the invalidity of the terms and conditions of this Agreement, the Parties shall negotiate in good faith to attempt to modify this Agreement to eliminate such prohibition, invalidity or jeopardy in a manner that best ensures that this Agreement complies with applicable law, rules and regulations at all times, but which, to the extent feasible and consistent with that objective, has minimal adverse effects on the economic arrangements between the parties.

General

Independent Contractors. The relationship of the Parties established by this Agreement is that of independent contractors. Nothing contained in this Agreement should be construed to give either Party the power to act as an agent or direct or control the day-to-day activities of the other. Financial and other obligations associated with each Party’s business are the sole responsibility of that Party.
Assignability. Neither Party may assign its right, duties, or obligations under this Agreement without the other Party’s prior written consent. If consent is given, this Agreement will bind the assigning Party’s successors and assigns. Any attempt by a Party to transfer its rights, duties, or obligations under this Agreement except as expressly provided in this Agreement is void and a breach of this Agreement.
Notices. Any notice required or permitted under the terms of this Agreement or by law must be in email to admin@wowhealthsolutions.com or to the other Party at its email address of record. Either Party may change its address for notices by email notice to the other Party. Notices by email will be deemed given at the time sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered in which event the notice will be deemed not given.
Force Majeure. Neither Party will be liable for, or be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any cause or condition beyond the breaching Party’s reasonable control.
Governing Law. This Agreement will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of Michigan, without reference to its choice of law rules.
Waiver. The waiver by either Party of any breach of any provision of this Agreement does not waive any other breach. The failure of any Party to insist on strict performance of any covenant or obligation in accordance with this Agreement will not be a waiver of such Party’s right to demand strict compliance in the future, nor will the same be construed as a novation of this Agreement.
Severability. If any part of this Agreement is found to be illegal, unenforceable, or invalid, the remaining portions of this Agreement will remain in full force and effect.
Interpretation. No ambiguity will be construed against any Party based upon a claimthat such Party drafted the ambiguous language. The headings appearing at the beginning of several sections contained in this Agreement have been inserted for identification and reference purposes only and must not be used to construe or interpret this Agreement. Whenever required by context, a singular number will include the plural, the plural number will include the singular, and the gender of any pronoun will include all genders.
Counterparts. This Agreement may be executed in any number of identical counterparts, notwithstanding that the Parties have not signed the same counterpart, with the same effect as if the Parties had signed the same document. All counterparts will be construed as and constitute the same agreement.
Assignment. Participating Provider agrees not to assign its rights and obligations hereunder without the prior written consent of WoW which it may withhold in its discretion, and that any purported assignment in violation hereof shall be null and void and a material breach of this Agreement. Participating Provider agrees that WoW may assign this Agreement, including its rights and obligations hereunder (including the provisions of Sections 2.3 and 2.4), to a third-party effective upon written notice to the Participating Provider.
Entire Agreement. This Agreement is the final and complete expression of the agreement between these Parties regarding its subject matter. This Agreement supersedes, and the terms of this Agreement govern, all previous and contemporaneous oral and written communications regarding these matters, all of which are merged into this Agreement. No usage of trade or other regular practice or method of dealing between the Parties will be used to modify, interpret, supplement, or alter the terms of this Agreement. This Agreement may be amended by WoW effective upon written notice to the Participating Provider.

WoW Health Solutions Business Associate Agreement

This Business Associate Agreement (the “Agreement”) is entered into by and between a Participating Provider (“Covered Entity”) and WoW Health Solutions, LLC (“Business Associate”) (each a “Party” and collectively the “Parties”) pursuant to the Participating Provider Agreement (“Services Agreement”) between the Parties. This Agreement applies if and to the extent that Business Associate may qualify as a business associate of Covered Entity for purposes of HIPAA, as of the effective date of the Services Agreement (“Effective Date”). By entering into this Agreement, Business Associate does not acknowledge that it qualifies as a business associate of Covered Entity for purposes of HIPAA, but nevertheless agrees to the terms and conditions herein.

For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

Definitions. Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in HIPAA.
Permitted Uses and Disclosures. Business Associate is permitted or required to use or disclose Protected Health Information only as follows:
1. Functions and Activities on Covered Entity’s Behalf. Business Associate is permitted to use and disclose Protected Health Information to complete its obligations to Covered Entity under the Services Agreement. Business Associate shall not use or further disclose PHI other than as permitted by this Agreement or as Required by Law.
2. Business Associate's Operations. Business Associate may use Protected Health Information for Business Associate's proper management and administration or to carry out Business Associate's legal responsibilities. Business Associate may disclose Protected Health Information for such purposes only if:
  1. The disclosure is required by law; or
  2. Business Associate obtains reasonable written assurances from any person to which Business Associate will disclose such Protected Health Information that the person will:
    1. Hold such Protected Health Information in confidence and use or further disclose it only for the purpose for which Business Associate disclosed it; and
    2. Promptly notify Covered Entity of any instance of which the Business Associate becomes aware in which the confidentiality of such Protected Health Information was breached.
    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, except for the specific uses and disclosures set forth above and otherwise as permitted by this BAA Agreement.
3. Minimum Necessary. Business Associate shall request, use and disclose only the minimum amount of Protected Health Information necessary to accomplish the purpose of the request, use or disclosure. Business Associate shall keep itself informed of guidance issued by the Secretary of DHSS with respect to what constitutes “minimum necessary.”
Prohibition on Unauthorized Use or Disclosure. Business Associate will neither use nor disclose Protected Health Information, except as permitted or required by this Agreement, required by law (including HIPAA and the HITECH Act), or as otherwise permitted in writing by Covered Entity. Except as required by law (including HIPAA and the HITECH Act), Business Associate shall not use or disclose Protected Health Information for fundraising or marketing purposes. If made known to Business Associate by Covered Entity, Business Associate shall not disclose Protected Health Information to a health plan for payment or health care operations purposes if the patient has requested this special restriction and has paid out of pocket in full for the health care item or service to which the Protected Health Information solely relates. Business Associate shall not directly or indirectly receive remuneration in exchange for Protected Health Information, except with the prior written consent of Covered Entity and as permitted by the HITECH Act; however, this prohibition shall not affect payment by Covered Entity to Business Associate for services provided pursuant to the Services Agreement.
Information Safeguards. Business Associate will develop, implement, maintain and use appropriate administrative, technical and physical safeguards, in compliance with 45 CFR §164.530(c) and any other implementing regulations, to preserve the integrity and confidentiality of and to prevent non-permitted use or disclosure of Protected Health Information. Business Associate will document and keep these safeguards current and will disclose the same to Covered Entity on request.
Electronic Protected Health Information. With regard to Electronic Protected Health Information (as defined in the Security Rule), Business Associate shall: (i) implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of Electronic Protected Health Information that Business Associate creates, receives, maintains or transmits on behalf of Covered Entity as required by the Security Rule; (ii) ensure that any agent, including a subcontractor, to whom Business Associate provides such information agrees to implement reasonable and appropriate safeguards to protect it; and (iii) report to Covered Entity any Security Incident (as defined by 45 C.F.R. 164.304) of which Business Associate becomes aware, including breaches of unsecured Protected Health Information as required by 45 C.F.R. 164.410 in accordance with the provisions of Section 14 of this Agreement.
Application of Security Provisions. 45 C.F.R. Sections 164.306, 164.308, 164.310, 164.312, and 164.316, which, generally set forth the standards and regulations governing security of electronic Protected Health Information and require the implementation of administrative, physical and technical safeguards to limit the physical and electronic access to electronic PHI, shall apply to Business Associate in the same manner that such sections apply to Covered Entity. Business Associate shall implement appropriate administrative, physical and technical safeguards to limit the physical and electronic access to electronic Protected Health Information and established policies and procedures to comply with the standards, implementation specifications or other requirements of the Security Rule and evidencing compliance with the standards set forth in 45 C.F.R. Sections 164.306, 164.308, 164.310, 164.312 and 164.316.
Sub-Contractors and Agents. Business Associate will require any of its subcontractors and agents that create, receive, maintain, or transmit Protected Health Information on behalf of Business Associate or Covered Entity to agree to the same restrictions and conditions that apply to Business Associate hereunder.
Compliance with Standard Transactions. If Business Associate conducts, in whole or part, Standard Transactions for or on behalf of Covered Entity, Business Associate will comply, and will require any subcontractor or agent involved with such Standard Transactions to comply, with each applicable requirement of 45 CFR, Part 162.
Access. Business Associate will provide access to Protected Health Information in Business Associate's custody or control in accordance with the requirements of 45 CFR §164.524 to Covered Entity within five (5) business days of receiving a request.
Amendment. Business Associate will make available Protected Health Information for amendment and incorporate any amendments to Protected Health Information in accordance with the requirements of 45 CFR §164.526 within thirty (30) days or receiving a request.
Disclosure Accounting. Business Associate will make available the information required to provide an accounting of disclosures as required by 45 CFR §164.528 within thirty (30) days of receiving a request:
1. Disclosure Tracking. Business Associate will record for each disclosure of Protected Health Information, not excepted from disclosure accounting below, that Business Associate makes to a third party: (i) the disclosure date; (ii) the name and (if known) address of the person to whom Business Associate made the disclosure; (iii) a brief description of the Protected Health Information disclosed; and (iv) a brief statement of the purpose of the disclosure (items (i)-(iv) are collectively referred to as the "Disclosure Information"). For repetitive disclosures Business Associate makes to the same person for a single purpose, Business Associate may provide the Disclosure Information for the first of these repetitive disclosures, the frequency, periodicity or number of these repetitive disclosures and the date of the last of these repetitive disclosures. Business Associate will make Disclosure Information available to Covered Entity upon request.
2. Disclosure Tracking Time Periods. Business Associate must have available for Covered Entity the Disclosure Information for the 6 years preceding Covered Entity’s request for the Disclosure Information (except for disclosures occurring before the effective date).
Carry Out Covered Entity's Obligations. If and to the extent the Business Associate is to carry out an obligation of Covered Entity under 45 CFR Part 164, Subpart E, Business Associate agrees to comply with the requirements of Subpart E that apply to Covered Entity in the performance of such obligation. Business Associate will not be responsible to carry out any such obligation of Covered Entity unless confirmed in writing signed by Business Associate and Covered Entity.
Inspection of Books and Records. Business Associate will make its internal practices, books, and records, relating to its use and disclosure of the Protected Health Information, available to Covered Entity and to the U.S. Department of Health and Human Services to determine compliance with 45 CFR Parts 160-164 or this Agreement.
Reporting. Business Associate will promptly report to Covered Entity any use, access or disclosure of Protected Health Information not permitted by this Agreement. Business Associate will report to Covered Entity any Breach of Unsecured PHI of which Business Associate becomes aware without unreasonable delay and in no case later than thirty (30) days after discovery. Business Associate's report will include, to the extent known:
1. The identification of each individual whose unsecured protected health information has been or is reasonably believed by the business associate to have been accessed, acquired, used, or disclosed during the breach
2. Any other available information that the Covered Entity is required to include in the notification to the individual per 164.404(c) at the time of the notification required by 164.410(a). Such other information may include:
  1. A description of the non-permitted or violating use or disclosure, including the date of the breach and the date of the discovery of the breach, if known;
  2. A description of the Protected Health Information used or disclosed (such as whether full name, social security number, date of birth, home address, account number diagnosis, disability code or other type of information were involved);
  3. The identity of the person(s) who made the non-permitted or violating use or received the non-permitted or violating disclosure;
  4. Describe what corrective action Business Associate took or will take to prevent further non-permitted or violating uses or disclosures;
  5. Describe what Business Associate did or will do to mitigate any deleterious effect of the non-permitted or violating use or disclosure;
  6. and Provide such other information as Covered Entity may reasonably request.
Obligations of Covered Entity
1. Notice of Privacy Practices. Covered Entity shall provide Business Associate with its Notice of Privacy Practices and will notify Business Associate of any changes to its Privacy Practices, if such changes affect Business Associate’s use or disclosure of Protected Health Information.
2. Revocation of Permitted Use or Disclosure of Protected Health Information. Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by an Individual to use or disclose Protected Health Information, if such changes affect Business Associate’s use or disclosure of Protected Health Information.
3. Restrictions on Use or Disclosure of Protected Health Information. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 CFR 164.522.
4. Permissible Requests by Covered Entity. Covered Entity shall not request that Business Associate use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule. In the event that a Services Agreement expressly authorizes Business Associate to provide Data Aggregation services, Business Associate may provide Data Aggregation services relating to the Health Care Operations of Covered Entity.
Amendment and Termination of Agreement. This Agreement may be amended as stated in the Services Agreement. Business Associate's obligation to protect the privacy of the Protected Health Information is continuous and survives termination of the Services Agreement. Upon termination of the term of the Services Agreement, Business Associate will, if feasible, return to Covered Entity or destroy all Protected Health Information, in whatever form or medium (electronic medium), that Business Associate created or received for, from or on behalf of Covered Entity, including all copies of and any data or compilations derived from and allowing identification of any patient who is a subject of the Protected Health Information. Business Associate will complete such return or destruction within thirty (30) days after the effective date of the termination of the Services Agreement. Within such thirty (30) days, Business Associate will certify in writing to Covered Entity that such return or destruction has been completed and will deliver to Covered Entity the identification of any Protected Health Information for which return or destruction is not feasible and as to which the provisions of this Agreement shall continue to apply. If Covered Entity knows of a pattern of activity or practice of Business Associate that constitutes a material breach or violation of Business Associate’s obligations hereunder, Covered Entity shall give Business Associate written notice and a reasonable opportunity for Business Associate to cure the breach or obligation, and Covered Entity may take reasonable steps to cure the breach or end the violation if Business Associate fails to do so. Notwithstanding anything herein to the contrary, if Covered Entity has determined that Business Associate has violated a material term of this Agreement, Covered Entity may terminate Business Associate's ongoing authority if Business Associate has failed to cure such violation within thirty (30) days of written notice from Covered Entity.
Amendment to this Agreement. This Agreement may be amended only as follows: (a) automatically upon the effective date of the enactment of or any amendment to HIPAA, the HITECH ACT, or any other federal or state statute, or regulation with respect to Protected Health Information, Standard Transactions, HIPAA, HITECH or the subject matter of this Agreement, in which event this Agreement and the Service Agreement shall be deemed automatically amended to incorporate by this reference as though fully stated herein the minimum provisions of such laws, acts, and regulations without further action by Covered Entity or Business Associate so that this Agreement shall be and remain legally compliant; (b) by ANTS by giving written notice to Client at least 45 days in advance of the effective date of such amendment; or (c) by a written instrument signed by both parties.
Severability. Any determination that any provision of this Agreement or any application thereof is invalid, illegal or unenforceable in any respect in any instance shall not affect the validity, legality and enforceability of such provision in any other instance, or the validity, legality, or enforceability of any other provision of this Agreement. Any such provision of this Agreement that is invalid, illegal or unenforceable in any respect shall be deemed to have been replaced by the minimum obligation imposed by law or regulation as though fully stated herein, such that this Agreement shall be and remain legally compliant with the minimum requirements of HIPAA, the HITECH Act, and any other law or regulation related to the subject matter hereof.
Incorporation by Reference. In the event that this Agreement omits any term, condition or provision which, as of the effective date of this Agreement, is required by law or regulation for this Agreement to be legally compliant with the minimum requirements of HIPAA, the HITECH Act, and any other law or regulation related to the subject matter hereof, this Agreement hereby incorporates by this reference such omitted term, condition or provision as though fully stated herein.
Entire Agreement. This Agreement constitutes the complete and sole agreement between the Parties regarding its subject matter and supersedes any and all prior or contemporaneous oral or written agreements, communications or proposals relating to its subject matter not expressly included herein, including prior versions of the Business Associate Agreement.

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Term And Conditions

WoW^TM CONSENT AND END USER AGREEMENT

PLEASE READ THE CONSENT AND END USER AGREEMENT BELOW. INDICATE YOUR ACCEPTANCE, CONSENT AND AGREEMENT BY CLICKING THE "AGREE" BUTTON. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CLICK "AGREE" AND DO NOT USE THE SERVICE.

Welcome to WoW^TM (the "Service"), a service which is operated by WoW Health Solutions, LLC, a Michigan limited liability company (the "Company"). Please see the Company’s website (https://www.wowhealthsolutions.com/) for more information about the Service. To use the Service, you must agree to be bound by all of the terms of this Consent and Agreement. By clicking the "AGREE" checkbox, you are stating that you agree to be bound by all of the terms in this Consent and End-User Agreement (the "Agreement"). If you do not agree to these terms and conditions, you are not authorized to access or use this Service. The Company may, from time to time, change the terms of this Agreement. It is your responsibility to review these terms each time you use the Service.

CONSENT AND END-USER AGREEMENT

DO NOT USE THE SERVICE FOR EMERGENCY MEDICAL CONDITIONS.

If you experience a medical emergency, call 911 immediately.

LIMITATIONS OF THE SERVICE

The Service permits you to communicate with healthcare providers and service vendors who utilize the Service. The Company does not provide any physician, medical or other health care services. All physicians and other providers are independent of the Company and use the Service as a means to communicate with you. Any information or advice received from a provider comes from the provider alone, and not from the Company. Neither the Company nor any of its licensors or suppliers or any third parties who promote the Service or provide you with a link to the Service shall be liable for any professional advice you obtain from a healthcare provider via the Service nor for any information obtained via the Service. The Company does not recommend or endorse any specific tests, physicians, medications, products or procedures. You acknowledge that your reliance on any health care providers or information provided by the Service is solely at your own risk and you assume full responsibility for all risk associated therewith.

The Company does not credential or make any representations or warranties about the training or skill of any health care providers who provide services to you via the Service. You are responsible for choosing your own physician or other health care provider.

You hereby certify that you are physically located in the State you have identified as your current location. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of this certification and that the providers you access are relying upon this certification in order to interact with you. If your certification is inaccurate, you agree to indemnify the Company and the providers you interact with from any resulting damages, costs or claims.

ABOUT WoW

The Service is a software platform and related service which the Company makes available for use by you and healthcare providers and service vendors who utilize the Service. Healthcare services which you may obtain are not covered by insurance, governmental or self-funded group plans. The Company and the Service, individually and collectively, are not any one or more of the following: (i) a provider of healthcare services, (ii) a network of healthcare providers, (iii) a vendor of marketing, credentialing, billing or services, or (iv) an insurer, a health care plan, or a group health plan for purposes of this Agreement. The Service, and use of the Service by you, healthcare providers and service vendors, is subject to all policies, rules and regulations which the Company has established or may hereafter establish.

SECURITY

The Company, for purposes of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), may function as a business associate of the healthcare professionals or other providers you communicate with using the Service. Your personal information will be stored in a secure manner. The Company maintains customary physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information or to health providers. Access to the Service is enabled only by usernames and passwords. You are responsible for any and all use of the Service using your username and password. You should maintain your username and password in strict confidence and not share them. You are responsible to notify us if you have any reason to believe that your username or password has been lost, compromised or misused in any way.

ACCOUNT ENROLLMENT

To access the Service, you must first enroll to establish an individual user account ("Account"), by providing certain information. With the exception of sub-accounts established for minor children of whom you are a parent or legal guardian, you agree that you will not create more than one Account, or create an account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for providers to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to this Agreement. You consent to the disclosure of your contact information for support and follow up purposes by your agency/advocate, if applicable. You consent to receiving notifications from the Company about promotions or updates to the Service and related matters.

ACCEPTABLE USE

You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose as determined by the Company or in any manner that contravenes this Agreement. For example, you shall not post, use, store or transmit (a) a message or information under a false name; (b) information that is defamatory, obscene, fraudulent, or predatory of minors; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to damage, impair or disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming.

OPERATION AND RECORD RETENTION

The Company reserves complete and sole discretion with respect to the operation of the Service. Subject to applicable law, the Company reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Service pursuant to its internal record retention and/or destruction policies. Your health information (such as professional services, laboratory tests, imaging and prescriptions) will be available to you to view and download. The Company will not delete or destroy your health information without first giving you advance notice by email to the most recent email address in your account information, and a reasonable opportunity as determined by the Company to download the information. The Company may use de-identified data to the fullest extent permitted by applicable law.

INTELLECTUAL PROPERTY

All of the content available on or through the Service is the property of the Company or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. All Company trade and service names, including, but not limited to "WoWTM", are trademarks of the Company or its licensors. Subject to the terms of this Agreement, the Company hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service, and for no other use whatsoever. The license granted herein does not permit you, and you agree not to, modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly, to do so.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE IMPOSED BY OPERATION OF LAW, ARE DISCLAIMED, VOID AND OF NO EFFECT. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WOW BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE WOW PLATFORM, DATA OUTPUTS, REPORTS, THE USE OF OR INABILITY TO RECEIVE REPORTS OR OTHER SERVICES EVEN IF WOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATIONS DO NOT APPLY TO A BREACH UNDER HIPAA ARISING FROM THE SYSTEMS OF THE SERVICE OR THE COMPANY.

WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES THE COMPANY MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. THE COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ANY OF THE COMPANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR A BREACH UNDER HIPAA ARISING FROM THE SYSTEMS OF THE SERVICE OR THE COMPANY, YOU HEREBY RELEASE AND HOLD THE COMPANY, ITS LICENSORS, SUPPLIERS AND PROVIDERS AND ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT THE COMPANY IS NOT DETERMINING APPROPRIATE MEDICAL USE OF THE SERVICE. THE COMPANY, ITS LICENSORS, SUPPLIER AND ALL THIRD PARTIES WHO PROMOTE THE SERVICE OR PROVIDE YOU WITH A LINK TO THE SERVICE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF HEALTHCARE VIA THE SERVICE, INCLUDING, BUT NOT LIMITED TO LIABILITY FOR MEDICAL MALPRACTICE

TERMINATION

The Company may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. The Company has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. The Company reserves the right to change, suspend, or discontinue all or part of the Service or any functionality, temporarily or permanently, without prior notice. The Company reserves the right to delete or change any username or password at any time, for any reason or for no reason at all.

ELECTRONIC CONTRACTING AND NOTICES

You agree to the terms of this Agreement by clicking the "AGREE" checkbox. You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the services (collectively, "Notices"). The Company can send you electronic Notices (1) to the e-mail address that you provided during registration, or (2) by posting the Notice on the Service or otherwise through our site. The delivery of any Notice from the Company is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the Service.

NOTICE OF PRIVACY PRACTICES

The HIPAA Notice of Privacy Practices is available below. The Notice of Privacy Practices applies to physicians and other healthcare professionals you choose to communicate with using the Service, unless a healthcare provider and service vendor has adopted and/or furnished you with its own Notice of Privacy Practices. By clicking "AGREE", you acknowledge receipt of the applicable Notice of Privacy Practices and agree to its terms and conditions. In addition, by clicking the "AGREE" button, you are authorizing to release your contact information to the Company in order for the Company to provide you with marketing materials promoting the Service. You may opt out of receiving such marketing materials by contacting us at privacy@wowhealthsolutions.com.

INFORMED CONSENT

By clicking the "AGREE" button you acknowledge that you are consenting to receiving care via the Service from the healthcare providers and service vendors you have chosen to communicate with using the Service. The scope of care will be at the sole discretion of the healthcare providers and service vendors who are treating you, with no guarantee of diagnosis, treatment, or prescription. The healthcare provider will determine whether or not the condition being diagnosed and/or treated is appropriate for a telehealth encounter via the Service.

INFORMED CONSENT FOR SERVICES PERFORMED BY PHYSICIANS AND OTHER HEALTH CARE PROVIDERS VIA THE SERVICE.

The Company is providing this information on behalf of the healthcare providers and service vendors whom you choose to communicate with using the Service:

Telemedicine involves the use of electronic communications to enable healthcare providers and service vendors at sites remote from patients to provide consultative services. Providers may include primary care practitioners, specialists, and/or subspecialists. The information may be used for diagnosis, therapy, follow-up and/or education, and may include live two-way audio and/or video and other materials (e.g. medical records, data from medical devices). The communications systems used will incorporate network and software security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption. An encounter summary may be provided to the patient at the end of each encounter which may be kept for the patient's records and may be shared with the patient's local primary care or other provider, as appropriate.

The anticipated benefits of telemedicine may include improved access to medical care by enabling a patient to remain at his or her home or office while consulting a healthcare provider and service vendor, and more efficient medical evaluation and management. The possible risks of telemedicine may include delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment; failures in security protocols, causing a breach of privacy of personal medical information; and lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.

By clicking "AGREE," you acknowledge that you understand and agree with the following:

I understand that telemedicine may involve electronic communication of my personal medical information to healthcare providers and service vendors who may be located in other areas, including out of state.
I understand that I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed or assured.
I understand that I am not guaranteed that a healthcare provider and service vendor will write a prescription or furnish treatment to me using the Service.
I understand that my healthcare information may be shared with other individuals for treatment, payment and healthcare operations purposes and/or as otherwise specified in the Notice of Privacy Practices
I understand that I may give additional express or implied consent while communicating with a healthcare provider and service vendor while using the Service.
I agree to the terms and conditions of Payment Authorization and Responsibility below.

Patient Consent to the Use of Telemedicine I have read and understand the information provided above, and understand the risks and benefits of telemedicine, and by clicking "AGREE" I hereby give my informed consent to participate in a telemedicine visit under the terms described herein.

PAYMENT RESPONSIBILITY AND CREDIT CARD AUTHORIZATION

By accepting these terms of use, you are authorizing the Company to charge your account the full amount due from you, which collectively may include: (1) the fees established by a healthcare provider for services which you request the healthcare provider to furnish and the healthcare provider furnishes via the Service, (2) the fees established by the Company for the right to use the Service, and (3) any additional fees which the Company may establish from time to time. You agree that your credit card information will be saved to your account file with the Company for future transactions on your account. You authorize the Company to charge your credit card on file with the Company for the full amount due. You agree that your authorization will remain in effect until you cancel it in writing and agree to notify the Company in writing of any changes in our account information or termination of this authorization at least 15 days in advance of the effective date of such change or termination. You certify that you are an authorized user of the credit card on file with the Company and that you will not dispute the payment with your credit card company for transactions corresponding to the terms indicated in this Agreement.

GOVERNING LAW; VENUE; WAIVER OF JURY TRIAL

This Agreement shall be governed by the laws of the State of Michigan without regard to its rules on conflicts or choice of law. You and the Company each agree that to bring any action or proceeding in respect of any claim arising out of or related to this Agreement or the transactions contemplated hereby exclusively in any state court sitting in Oakland County or any federal court in the Eastern District of Michigan (the "Michigan Courts"), and, solely in connection with claims arising under this Agreement or the transactions contemplated hereby that are the subject of this Agreement, (i) irrevocably submits to the exclusive jurisdiction of the Michigan Courts, (ii) waives any objection to laying venue in any such action or proceeding in the Michigan Courts, (iii) waives any objection that the Michigan Courts are an inconvenient forum or do not have jurisdiction over any party. YOU AND THE COMPANY EACH ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH SUCH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE EXTENT PERMITTED BY LAW AT THE TIME OF INSTITUTION OF THE APPLICABLE LITIGATION, ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

MISCELLANEOUS

This Agreement constitutes the sole Agreement between you and the Company relating to your use and our provision of the Service and the subject matter hereof, and no representations , statements or inducements, oral or written, not contained in this Agreement shall bind either you or the Company. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by the Company of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties' respective successors and permitted assigns. This Agreement may be modified, supplemented, or superseded by the Company at any time and the Company will notify you of such modification

A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

PRIVACY POLICY

The Company is committed to ensuring that your personal information shared over the Service is protected and kept confidential. By clicking "AGREE," you consent to the use and disclosure of personally identifiable information as outlined in this Privacy Policy. The use and disclosure of such information may also be subject to the practices of the healthcare providers and service vendors with whom you may interact through the Services, as described in the Notice of Privacy Practices which is provided to you by such providers.

INFORMATION COLLECTED

Personal information or protected health information is information that includes, but is not limited to, identifying data such as name, social security number, address, contact information, as well as information about personal health issues submitted through the Services and credit card or other financial account information. This is the information we aim to protect. The Company will only collect information that you voluntarily submit. The Company agrees to keep confidential personally identifiable information that identifies an individual whether or not it relates to an individual's past, present, or future physical or mental health condition. The Company collects information solely for the purposes of providing the Services, marketing and promoting our Services to you and for market research data. The Company gives you the opportunity to "opt out" of receiving direct marketing or market research information by emailing us at privacy@wowhealthsolutions.com.

The Company may maintain web logs to record data about all visitors who use this site and interact with the Services and we will store this information. These logs may contain IP address information, types of operating system you use, the date and time you visited the site, and information about the type of device you use to connect to the Services. All Web logs are stored securely and are accessible to a limited number of employees and contractors, who have to adhere to strict guidelines regarding user data security and privacy.

NON-PERSONAL IDENTIFICATION

The Company may use technology in the aggregate as opposed to using any personally identifiable information, to understand how our users collectively use the Service. The Company may also use non-personal information to analyze data into useful information. This process of data mining is done in the aggregate, is non-personal, and allows Company to find correlations and patterns in the data.

SECURITY OF INFORMATION COLLECTED

The Company may use account information in a password-protected environment as a security measure to protect your data. The Company uses administrative, physical and technical safeguards to protect data. The Company maintains data protection via safeguards such as data backup, audit controls, access controls, and some data encryption. The Company’s Site and the Services use industry standard SSL encryption to enhance security of electronic data transmissions. In addition, we urge you to take precautionary measures in maintaining the integrity of your data. Please be responsible in making sure no one can see or has access to your personal account and login/password information. If you use a public computer, e.g., at a library or a university, always remember to log out of the Site or Services. If you use Service through your employer's computer network or through an internet café, library or other potentially non-secure internet connection, such use is at your own risk. It is your responsibility to check beforehand on your employer's or such other site's privacy and security policy with respect to Internet use. The Company is not responsible for your handling, sharing, re-sharing and/or distribution of your personal health information. Moreover, if you forward personal health information electronically to another person on or off the Service, we are not responsible for any harm or other consequences from third party use or re-sharing of your information.

SELF REVIEW OF DATA AND ABILITY TO DELETE YOUR ACCOUNT INFORMATION

You may request to delete any personal information and to de-authorize the collection of personal information in the future by sending us an email at privacy@wowhealthsolutions.com.

THIRD PARTY SITES

As noted above, the Company may be a business associate of healthcare providers and service vendors under HIPAA and we share information with healthcare providers and service vendors who provide services to individuals, and they share information with us, for purposes related to treatment, payment and health care operations, and otherwise as agreed or authorized by you. Additionally, the Service may contain links to other sites which are not affiliated with the Company or the healthcare providers and service vendors you choose to communicate with using the Service. The Company does not share your personally identifiable information with those sites (unless you specifically authorize such sharing or it is permitted by the HIPAA Notice of Privacy Practices) and are not responsible for their privacy procedures. The Company seeks to work with trusted partners and organizations that will adhere to similar privacy and ethical standards. However, we encourage you to learn their particular privacy policies

The Company discloses personally identifiable information about you as required or permitted by law, including complying with legal process (for example, we may disclose your information as necessary to comply with an authorized civil, criminal or regulatory investigation).CHILDREN The Company does not knowingly permit individuals under the age 18 to create accounts that allow access to the Service.

WoW Health’s SMS Terms of Service:

WoW Health may SMS you with important details like reminders for appointments that you have made, information about WoW Health services that you have signed up for, and awareness messages about new services that may be available to you. Message frequency varies.
This SMS service is OPTIONAL, and you can reply with STOP when you receive your first SMS upon account setup. Data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes.
You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, please email us at customersupport@wowhealthsolutions.com for us to communicate again with you.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at customersupport@wowhealthsolutions.com or 844-969-4325.
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive these messages periodically when you utilize the service, and as part of education and awareness campaigns. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please read our privacy policy: https://www.mywowhealth.com/our-policy/

CHANGES TO THIS PRIVACY POLICY

The Company may amend its Privacy Policy in the future. In the event changes are made, the Company will post changes on the Service's application and at other places it deems appropriate. Copyright © 2023 WoW Health Solutions, LLC. All rights reserved.

HIPAA NOTICE OF PRIVACY PRACTICES

FURNISHED ON BEHALF OF YOUR HEALTHCARE PROVIDERS UTILIZING WoW^TM

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY

IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT THE
HIPAA PRIVACY OFFICER IDENTIFIED BELOW.

Your medical information is personal. Your health care provider is committed to protecting your medical information. Your health care provider creates a record of the care and services you receive from us. Your health care provider needs this record to provide you with care and to comply with certain legal requirements. This Notice applies to all of the records of your care created and maintained by your health care provider who utilizes WoW’s service.

This Notice will tell you about the ways in which your healthcare providers may use and disclose your medical information. This Notice will also describe your rights and certain obligations we have regarding the use and disclosure of your medical information.

Your healthcare provider is required by law to: (1) make sure that medical information that identifies you is kept private; (2) give you this Notice of your health care provider’s legal duties and privacy practices with respect to medical information about you; and (3) follow the terms of the Notice that is currently in effect.

HOW WE MAY USE AND DISCLOSE YOUR MEDICAL INFORMATION:

The following describes the different ways that your medical information may be used or disclosed. For clarification, some examples are included. Not every possible use or disclosure is specifically mentioned. However, all of the ways your health care provider is permitted to use and disclose your medical information will fit within one of these general categories:

For Treatment.Your healthcare provider will use medical information about you to provide you with medical treatment and services. Your health care provider may disclose medical information about you to doctors, nurses, technicians and other personnel who are involved in providing you medical treatment.

For Payment.Your healthcare provider may use and disclose medical information about you so that the treatment and services you receive may be billed to and payment may be collected from you, an insurance company or a third party. For example, your health care provider will need to disclose information to WoW and others about treatment you will receive or have received in order for funds deposited in your WoW account by you, or on your behalf, to be used to pay your health care provider for the treatment.

For Health Care Operations.Your healthcare provider may use and disclose medical information about you for health care operations. For example, your healthcare providers may use medical information to review its treatment and services and to evaluate the performance of its staff in caring for you. Your healthcare providers may also combine medical information about many of its patients to decide what additional services it should offer, what services are not needed, and whether certain new treatments are effective. Your healthcare providers may also disclose information to doctors, nurses, technicians, and other personnel for review and learning purposes. Your healthcare providers may remove information that identifies you from this set of medical information so others may use it to study healthcare and healthcare delivery without learning the identity of the specific patients.

Appointment Reminders. Your healthcare providers may use and disclose medical information to contact you as a reminder that you have an appointment for treatment or medical care.

Treatment Alternatives. Your healthcare providers may use and disclose medical information to tell you about or recommend possible treatment options or alternatives that may be of interest to you.

Health-Related Benefits and Services.Your healthcare providers may use and disclose medical information to tell you about health-related benefits or services that may be of interest to you.

To Business Associates.Your healthcare providers may hire third parties that may need your PHI to perform certain services on behalf of the healthcare providers. These third parties are business associates of the healthcare provider. Business associates (and their subcontractors) must protect any PHI they receive from, or create and maintain on behalf of, the healthcare providers. For example, the healthcare provider may hire a third-party to issue invoices and collect payments.

Research. Under certain circumstances, your healthcare providers may use and disclose medical information about you for research purposes. For example, a research project may involve comparing the health and recovery of all patients who received one medication to those who received another for the same condition.

As Required By Law. Your healthcare providers will disclose medical information about you when required to do so by federal, state or local law. For example, disclosure may be required by Workers’ Compensation statutes and various public health statutes in connection with required reporting of certain diseases, child abuse and neglect, domestic violence, adverse drug reactions,etc.

To Avert a Serious Threat to Health or Safety. Your healthcare providers may use and disclose medical information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat.

Health Oversight Activities.Your healthcare providers may disclose medical information to a governmental or other oversight agency for activities authorized by law. For example, disclosures of your medical information may be made in connection with audits, investigations, inspections, and licensure renewals, etc.

Lawsuits and Disputes.If you are involved in a lawsuit or a dispute, Your healthcare providers may use your medical information to defend themselves or to respond to a court order.

Law Enforcement.Your healthcare providers may release medical information about you if required by law when asked to do so by a law enforcement official.

Coroners and Medical Examiners.Your healthcare providers may release medical information to a coroner or medical examiner to identify a deceased person or determine the cause of death.

Uses and Disclosures Requiring an Authorization

Other uses and disclosures of your medical information not covered by this Notice of Privacy Practices will be made only with your written authorization. If you provide your healthcare providers such an authorization in writing to use or disclose medical information about you, you may revoke that authorization, in writing, at any time, except to the extent that we have acted in reliance of it. If you revoke your authorization, Your healthcare providers will no longer use or disclose medical information about you for the reasons covered by your written authorization. The following are examples of uses and disclosures requiring an authorization:

Psychotherapy Notes.If your healthcare provider maintains information which qualifies as "psychotherapy notes" as defined below, your health care provider must obtain an authorization for any use or disclosure of psychotherapy notes, except: (i) To carry out the following treatment, payment, or health care operations: (A) Use by the originator of the psychotherapy notes for treatment; (B) Use or disclosure by the covered entity for its own training programs in which students, trainees, or practitioners in mental health learn under supervision to practice or improve their skills in group, joint, family, or individual counseling; or (C) Use or disclosure by the covered entity to defend itself in a legal action or other proceeding brought by the individual; and (ii) A use or disclosure that is required by the Secretary of HHS to investigate or determine our compliance or permitted by law; uses and disclosures for health oversight activities with respect to the oversight of the originator of the psychotherapy notes; uses and disclosures about decedents; or uses and disclosures to avert a serious threat to health or safety of a person or the public. Psychotherapy notes means notes recorded (in any medium) by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint, or family counseling session and that are separated from the rest of the individual's medical record. Psychotherapy notes excludes medication prescription and monitoring, counseling session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following items: diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to date.

Marketing.Your healthcare provider is required by law to receive your written authorization before we use or disclose your health information for marketing purposes, except if the communication is in the form of: (A) a face-to-face communication made by it to you; or (B) a promotional gift of nominal value we provide. If the marketing involves direct or indirect remuneration to your healthcare provider from a third party, the authorization must state that such remuneration is involved. If the marketing involves financial remuneration to your healthcare provider from a third party, the authorization must state that such remuneration is involved.

Sale of PHI.Under no circumstances will your healthcare providers or business associates sell patient lists or your health information to a third party without your written authorization. Such authorization must state that the disclosure will result in remuneration to the covered entity.

YOUR RIGHTS REGARDING YOUR MEDICAL INFORMATION:

You have the following rights regarding the medical information your health care provider maintains about you:

Right to Inspect and Copy.You can ask to inspect and copy your medical information with the exception of psychotherapy notes. To inspect and copy your medical information, you must submit your request in writing to the HIPAA Privacy Officer. If you request a copy of the information, your healthcare provider may charge a fee for the costs of copying, mailing or other supplies associated with your request. Your healthcare provider may deny your request to inspect and copy in certain circumstances. If you are denied access to your medical information, you may request that the denial be reviewed. For information regarding such a review, please contact the HIPAA Privacy Officer. If your medical information is maintained in an electronic health record, you also have the right to request that an electronic copy of your record be sent to you or to another individual or entity. Your health care provider may charge you a reasonable cost-based fee limited to the labor costs associated with transmitting the electronic health record.

Right to Amend. . If you feel that medical information your healthcare provider has about you is incorrect or incomplete, you may ask your health care provider to amend the information. You have the right to request an amendment for as long as the information is kept by your healthcare provider. To request an amendment, your request must be made in writing and submitted to the HIPAA Privacy Officer. In addition, you must provide a reason that supports your request. Your health care provider may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, your health care provider may deny your request if you ask it to amend information that: (a) was not created by your healthcare provider; (b) is not part of the medical information kept by your healthcare provider; (c) is not part of the information which you would be permitted to inspect and copy; or (d) is accurate and complete.

Right to an Accounting of Disclosures.You have the right to request an “accounting of disclosures.” This is a list of the disclosures your healthcare provider has made of your medical information. Your healthcare provider is not required to list certain disclosures, including disclosures made for treatment, payment, and health care operations purposes or disclosures made incidental to treatment, payment, and health care operations; however, if these disclosures were made through an electronic health record, you have the right to request, beginning on dates established by law or regulation, an accounting for such disclosures that were made during the previous 3 years. To request this accounting of disclosures, you must submit your request in writing to the HIPAA Privacy Officer. Your request must state a time period which may not be longer than six years.

Right to Request Restrictions. You have the right to request a restriction or limitation on the use or disclosure your healthcare provider makes of your medical information. Your health care provider is not required to agree to your request for a restriction, except as noted below. If your healthcare provider does agree, your healthcare provider will comply with your request unless the information is needed to provide you emergency treatment. Your healthcare provider is required to agree to your request for a restriction if, except as otherwise required by law, the disclosure is to a health plan for purpose of carrying out payment or health care operations (and is not for purposes of carrying out treatment) and the medical information pertains solely to a health care item or service for which we have been paid out of pocket in full. To request restrictions, you must make your request in writing to the HIPAA Privacy Officer.

Right to Request Confidential Communications. You have the right to request that your healthcare provider communicate with you only in a certain manner. For example, you can ask that we only contact you at work or by mail. To request confidential communications, you must make your request in writing to the HIPAA Privacy Officer. Your health care provider will accommodate all reasonable requests.

Right to a Paper Copy of This Notice. . You have the right to a paper copy of this Notice. Even if you have agreed to receive this Notice electronically, you are still entitled to a paper copy of this Notice. You may obtain a copy of this Notice at our website at the address listed below. To obtain a paper copy of this Notice, contact the HIPAA Privacy Officer.

Right to Receive Notice of Discovery of a Breach of Unsecured Protected Health Information. Your healthcare provider is required to notify you of any breach of unsecured protected health information concerning you following the discovery of the breach when required by regulation.

REVISIONS TO THIS NOTICE:

Your healthcare provider reserves the right to revise this Notice. Any revised Notice will be effective for medical information your health care provider already has about you as well as any information we receive in the future. Your health care provider will post a copy of any revised Notice on its website. Any revised Notice will contain on the first page, in the top right-hand corner, the effective date.

COMPLAINTS:

If you believe your privacy rights have been violated, you may file a complaint with us or with
the Secretary of the Department of Health and Human Services. To file a complaint with your healthcare provider, contact:

HIPAA Privacy Officer

Care of WoW

Email: privacy@wowhealthsolutions.com

YOUR HEALTHCARE PROVIDER WILL NOT PENALIZE YOU IN ANY WAY FOR FILING A COMPLAINT.

Our Policy

WoW^TM CONSENT AND END USER AGREEMENT

CONSENT AND END-USER AGREEMENT

DO NOT USE THE SERVICE FOR EMERGENCY MEDICAL CONDITIONS.

If you experience a medical emergency, call 911 immediately.

LIMITATIONS OF THE SERVICE

ABOUT WoW

The Service is a software platform and related service which the Company makes available for use by you and healthcare providers and service vendors who utilize the Service. Healthcare services which you may obtain are not covered by insurance, governmental or self-funded group plans. The Company and the Service, individually and collectively, are not any one or more of the following: (i) a provider of healthcare services, (ii) a network of healthcare providers, (iii) a vendor of marketing, credentialing, billing or services, or (iv) an insurer, a health care plan, or an employee benefit plan including an ERISA plan. The Service, and use of the Service by you, healthcare providers and service vendors, is subject to all policies, rules and regulations which the Company has established or may hereafter establish.

SECURITY

ACCOUNT ENROLLMENT

ACCEPTABLE USE

OPERATION AND RECORD RETENTION

INTELLECTUAL PROPERTY

DISCLAIMERS AND LIMITATIONS OF LIABILITY

WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES THE COMPANY MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU HEREBY RELEASE AND HOLD THE COMPANY, ITS LICENSORS, SUPPLIERS AND PROVIDERS AND ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

TERMINATION

INDEMNIFICATION

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use of the Service, you agree to indemnify, hold harmless, and defend the Company and its parents, subsidiaries, affiliates, licensors, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, "Indemnified Parties" and each, individually, an "Indemnified Party") against all costs, expenses, liabilities and damages (including reasonable attorney's fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your failure to comply with any applicable laws and regulations; (ii) your breach of any of its obligations set forth in this Agreement; and/or (iii) your use of the Service.

ELECTRONIC CONTRACTING AND NOTICES

NOTICE OF PRIVACY PRACTICES

INFORMED CONSENT

INFORMED CONSENT FOR SERVICES PERFORMED BY PHYSICIANS AND OTHER HEALTH CARE PROVIDERS VIA THE SERVICE

The Company is providing this information on behalf of the healthcare providers and service vendors whom you choose to communicate with using the Service:

By clicking "AGREE," you acknowledge that you understand and agree with the following:

1. I understand that telemedicine may involve electronic communication of my personal medical information to healthcare providers and service vendors who may be located in other areas, including out of state.

2. I understand that I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed or assured.

3. I understand that I am not guaranteed that a healthcare provider and service vendor will write a prescription or furnish treatment to me using the Service.

4. I understand that my healthcare information may be shared with other individuals for treatment, payment and healthcare operations purposes and/or as otherwise specified in the Notice of Privacy Practices.

5. I understand that I may give additional express or implied consent while communicating with a healthcare provider and service vendor while using the Service.

6. I agree to the terms and conditions of Payment Authorization and Responsibility below.

PAYMENT RESPONSIBILITY AND CREDIT CARD AUTHORIZATION

GOVERNING LAW; VENUE; WAIVER OF JURY TRIAL

MISCELLANEOUS

This Agreement constitutes the sole Agreement between you and the Company relating to your use and our provision of the Service and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or the Company. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by the Company of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties' respective successors and permitted assigns. This Agreement may be modified, supplemented, or superseded by the Company at any time without advance notice.

PRIVACY POLICY

INFORMATION COLLECTED

Personal information or protected health information is information that includes, but is not limited to, identifying data such as name, social security number, address, contact information, as well as information about personal health issues submitted through the Services and credit card or other financial account information. This is the information we aim to protect. The Company will only collect information that you voluntarily submit. The Company intends to keep confidential personally identifiable information that identifies an individual whether or not it relates to an individual's past, present, or future physical or mental health condition. The Company collects information solely for the purposes of providing the Services, marketing and promoting our Services to you and for market research data. The Company gives you the opportunity to "opt out" of receiving direct marketing or market research information by emailing us at privacy@wowhealthsolutions.com.

NON-PERSONAL IDENTIFICATION

SECURITY OF INFORMATION COLLECTED

The Company may use account information in a password-protected environment as a security measure to protect your data. The Company uses administrative, physical and technical safeguards to protect data. The Company maintains a data protection via safeguards such as data backup, audit controls, access controls, and some data encryption. The Company’s Site and the Services use industry standard SSL encryption to enhance security of electronic data transmissions. In addition, we urge you to take precautionary measures in maintaining the integrity of your data. Please be responsible in making sure no one can see or has access to your personal account and login/password information. If you use a public computer, e.g., at a library or a university, always remember to log out of the Site or Services. If you use Service through your employer's computer network or through an internet café, library or other potentially non-secure internet connection, such use is at your own risk. It is your responsibility to check beforehand on your employer's or such other site's privacy and security policy with respect to Internet use. The Company is not responsible for your handling, sharing, re-sharing and/or distribution of your personal health information. Moreover, if you forward personal health information electronically to another person on or off the Service, we are not responsible for any harm or other consequences from third party use or re-sharing of your information.

SELF REVIEW OF DATA AND ABILITY TO DELETE YOUR ACCOUNT INFORMATION

You may request to delete any personal information and to de-authorize the collection of personal information in the future by sending us an email at privacy@wowhealthsolutions.com.

THIRD PARTY SITES

The Company discloses personally identifiable information about you as required or permitted by law, including complying with legal process (for example, we may disclose your information as necessary to comply with an authorized civil, criminal or regulatory investigation). CHILDREN The Company does not knowingly permit individuals under the age 18 to create accounts that allow access to the Service.

WoW Health’s SMS Terms of Service:

1. WoW Health may SMS you with important details like reminders for appointments that you have made, information about WoW Health services that you have signed up for, and awareness messages about new services that may be available to you. Message frequency varies.

2. This SMS service is OPTIONAL, and you can reply with STOP when you receive your first SMS upon account setup. Data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes.

3. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, please email us at customersupport@wowhealthsolutions.com for us to communicate again with you.

4. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at customersupport@wowhealthsolutions.com or 844-969-4325.

5. Carriers are not liable for delayed or undelivered messages.

6. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive these messages periodically when you utilize the service, and as part of education and awareness campaigns. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

7. If you have any questions regarding privacy, please read our privacy policy: https://www.mywowhealth.com/our-policy/

CHANGES TO THIS PRIVACY POLICY

HIPAA NOTICE OF PRIVACY PRACTICES

FURNISHED ON BEHALF OF YOUR HEALTHCARE PROVIDERS UTILIZING WoW^TM

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT THE HIPAA PRIVACY OFFICER IDENTIFIED BELOW.

HOW WE MAY USE AND DISCLOSE YOUR MEDICAL INFORMATION:

For Payment.Your healthcare provider may use and disclose medical information about you so that the treatment and services you receive may be billed to and payment may be collected from you, an insurance company or a third party. For example, your health care provider will need to disclose information to WoW and others about treatment you will receive or have received in order to pay your health care provider for the treatment.

Appointment Reminders. Your healthcare providers may use and disclose medical information to contact you as a reminder that you have an appointment for treatment or medical care.

Health-Related Benefits and Services.Your healthcare providers may use and disclose medical information to tell you about health-related benefits or services that may be of interest to you.

Lawsuits and Disputes.If you are involved in a lawsuit or a dispute, Your healthcare providers may use your medical information to defend themselves or to respond to a court order.

Law Enforcement.Your healthcare providers may release medical information about you if required by law when asked to do so by a law enforcement official.

Coroners and Medical Examiners.Your healthcare providers may release medical information to a coroner or medical examiner to identify a deceased person or determine the cause of death.

Uses and Disclosures Requiring an Authorization

Sale of PHI.Under no circumstances will your healthcare providers sell patient lists or your health information to a third party without your written authorization. Such authorization must state that the disclosure will result in remuneration to the covered entity.

YOUR RIGHTS REGARDING YOUR MEDICAL INFORMATION:

You have the following rights regarding the medical information your health care provider maintains about you:

Right to Inspect and Copy.Under no circumstances will your healthcare providers sell patient lists or your health information to a third party without your written authorization. Such authorization must state that the disclosure will result in remuneration to the covered entity.

Right to Amend. If you feel that medical information your healthcare provider has about you is incorrect or incomplete, you may ask your health care provider to amend the information. You have the right to request an amendment for as long as the information is kept by your healthcare provider. To request an amendment, your request must be made in writing and submitted to the HIPAA Privacy Officer. In addition, you must provide a reason that supports your request. Your health care provider may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, your health care provider may deny your request if you ask it to amend information that: (a) was not created by your healthcare provider; (b) is not part of the medical information kept by your healthcare provider; (c) is not part of the information which you would be permitted to inspect and copy; or (d) is accurate and complete.

Right to an Accounting of Disclosures. You have the right to request an “accounting of disclosures.” This is a list of the disclosures your healthcare provider has made of your medical information. Your healthcare provider is not required to list certain disclosures, including disclosures made for treatment, payment, and health care operations purposes or disclosures made incidental to treatment, payment, and health care operations; however, if these disclosures were made through an electronic health record, you have the right to request, beginning on dates established by law or regulation, an accounting for such disclosures that were made during the previous 3 years. To request this accounting of disclosures, you must submit your request in writing to the HIPAA Privacy Officer. Your request must state a time period which may not be longer than six years.

Right to a Paper Copy of This Notice. You have the right to a paper copy of this Notice. Even if you have agreed to receive this Notice electronically, you are still entitled to a paper copy of this Notice. You may obtain a copy of this Notice at our website at the address listed below. To obtain a paper copy of this Notice, contact the HIPAA Privacy Officer.

Right to Receive Notice of Discovery of a Breach of Unsecured Protected Health Information. You have the right to a paper copy of this Notice. Even if you have agreed to receive this Notice electronically, you are still entitled to a paper copy of this Notice. You may obtain a copy of this Notice at our website at the address listed below. To obtain a paper copy of this Notice, contact the HIPAA Privacy Officer.

REVISIONS TO THIS NOTICE:

COMPLAINTS:

If you believe your privacy rights have been violated, you may file a complaint with us or with the Secretary of the Department of Health and Human Services. To file a complaint with your healthcare provider, contact:

HIPAA Privacy Officer

Care of WoW

Email: privacy@wowhealthsolutions.com

YOUR HEALTHCARE PROVIDER WILL NOT PENALIZE YOU IN ANY WAY FOR FILING A COMPLAINT.