PROCLE Healthworks Terms & Conditions of Use

These terms and conditions (“Terms of Use”) govern your use of ProCLE HEALTHWORKS. We are pleased to offer online computer access to our platform to provide you access to our Patient Relationship Management, Tele-Health and Population Management Services (collectively the “Service” or “the Platform”). If you would like access or use our Services you must complete our online registration form and agree to these Terms of Use.

ProCLE HEALTHWORKS is not for Emergencies.

ProCLE HEALTHWORKS allows patients to communicate with their healthcare providers about non-urgent matters and to access certain uploaded portions of their medical records. Such portions can be uploaded by the healthcare provider or by you and are intended to facilitate the communication between you and your healthcare provider.. PROCLE HEALTHWORKS should NEVER be used for urgent health needs. If you are experiencing a medical emergency, go to the closest emergency room or dial 9-1-1 immediately.

DISCLAIMER:

PROCLE HEALTHWORKS is a communication tool only.  PROCLE HEALTHWORKS does not provide any medical advice and is not a healthcare provider.  PROCLE HEALTHWORKS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE HEALTHCARE PROVIDERS USING PROCLE HEALTHWORKS PLATFORM OR ITS NETWORK.  ALL HEALTHCARE PROVIDERS ARE INDEPENDENT PRACTITIONERS AND PROCLE HEALTHWORKS IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF THE HEALTHCARE PROVIDERS.

As a user of the PROCLE HEALTHWORKS platform, you understand that although PROCLE HEALTHWORKS implements security safeguards, the exchange of information may not be secure and could be improperly accessed by a third party.  You also understand that there are third-parties that may view or access PROCLE HEALTHWORKS and you are solely responsible for determining what information you decide to disclose.  You understand that PROCLE HEALTHWORKS is not responsible for the information that you share being redisclosed to a third party, user group or providers. 

By using the PROCLE HEALTHWORKS platform, you agree to take precautions not to share identifiable, personal or sensitive information in the PROCLE HEALTHWORKS software and communication tools.  You agree to implement safeguards to protect you user name, password and your personally identifiable information.  You understand that you are solely responsible for the type of information that you share and you will avoid sharing personally sensitive or identifiable information on the PROCLE HEALTHWORKS platform.   You acknowledge that by disclosing any personal, sensitive or identifiable information, you are expressly waiving your rights to privacy and security and you further understand that PROCLE HEALTHWORKS is not responsible for the privacy or security of the information that you disclose.

PROCLE HEALTHWORKS is a tool to connect you with a healthcare provider, but PROCLE HEALTHWORKS does not credential or evaluate any healthcare provider and makes no warranties or representations regarding the provider that you select.  Your choice of a provider is solely your decision within your discretion.  PROCLE HEALTHWORKS does not and is not intended to replace the existing primary care physician relationship that you may have with a different provider.

Medical services rendered by your physician are subject to their independent professional judgment. PROCLE HEALTHWORKS is not a healthcare provider and does not practice medicine.  Any treatment or healthcare services shall only be provided by the physician who is not engaged or employed by PROCLE HEALTHWORKS.  PROCLE HEALTHWORKS operates subject to state regulation and may not be available in certain states.  The individual physician or provider is responsible for complying with all laws.

 

 

Access and Use of ProCLE HEALTHWORKS Personal User ID and Password
In order to access and use PROCLE HEALTHWORKS you will be required to have a unique User ID and a Password. It is your responsibility to protect the confidentiality of your User ID and Password because anyone with access to your User ID and Password may access your personal health information. It is your responsibility to change your password if you believe it has been compromised or shared with someone else. We recommend you change your password on a frequent basis in order to maintain the security of your account.
The messages that you send through PROCLE HEALTHWORKS must only concern you. You may not use PROCLE HEALTHWORKS to request information or advice about someone else’s medical condition. Your PROCLE HEALTHWORKS messages will become a permanent part of your medical record, so it is important that the messages concern only you. By accessing and using PROCLE HEALTHWORKS, you agree that you will not use PROCLE HEALTHWORKS for any purpose except to submit and receive information concerning your own health or your areas of interest.

 

YOUR CONTENT

If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, audio files, videos, images or other materials to us or our Platform (“User Content”), you agree not to provide any User Content that (i) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (ii) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity; or (iii) contains or transmits a virus or any other harmful component. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to PROCLE HEALTHWORKS and its Providers that you have the legal right and authorization to provide all User Content to PROCLE HEALTHWORKS and its Providers for use as set forth herein.

 

THIRD PARTY CONTENT

You may be directed to third party websites through your use of the PROCLE HEALTHWORKS platform. PROCLE HEALTHWORKS makes no representations or warranties whatsoever about any third party website. All third party websites are independent from PROCLE HEALTHWORKS, and that we have no control over the content on that website. In addition, a link to a third party website does not mean that we endorse or accept any responsibility for the content found therein, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to the PROCLE HEALTHWORKS platform, you do so entirely at your own risk.

Security and Confidentiality of ProCLE HEALTHWORKS
Federal and State law govern the confidentiality of medical information. PROCLE HEALTHWORKS is dedicated to keeping your medical information confidential. By allowing you access to your medical information, you must share the responsibility for keeping the information confidential.
For more information about the information we collect from you and how that information is stored and protected, please see the PROCLE HEALTHWORKS Privacy Policy at www.proclehealthworks.com/privacypolicy.

 

PROCLE HEALTHWORKS Availability
There may be times when the PROCLE HEALTHWORKS system is not available to you. For example, system maintenance, back-ups or failures may limit PROCLE HEALTHWORKS availability. Access to PROCLE HEALTHWORKS is provided on an “as available” basis and you are not guaranteed access at any particular time.

 

Disclaimer of Warranty

YOUR USE OF PROCLE HEALTHWORKS PLATFORM AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

 

PROCLE HEALTHWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

 

PROCLE HEALTHWORKS MAKES NO WARRANTIES REGARDING ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY OR ADEQUACY OF THE INFORMATION, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS, IN WHOLE OR IN PART, CONTAINED ON THE PLATFORM. PROCLE HEALTHWORKS DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR FREE; THAT THE PLATFORM WILL OPERATE UNINTERRUPTED; OR THAT THE PLATFORM AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ITEMS. THE ENTIRE RISK ARISING OUT OF YOUR USE OR THE PERFORMANCE OF THE PROCLE HEALTHWORKS PLATFORM REMAINS WITH YOU.

 

PROCLE HEALTHWORKS IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE PROCLE HEALTHWORKS PLATFORM OR ANY MATERIAL DOWNLOADED THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROCLE HEALTHWORKS THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ProCLE HEALTHWORKS, NOR ANY OF ITS ACCOUNT PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCURRED BY YOU AS A RESULT OF YOUR USE OF THE PLATFORM. WITHOUT LIMITATION, ProCLE HEALTHWORKS IS NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PLATFORM, RESULTING FROM ANY CAUSE, EVEN IF ProCLE HEALTHWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Your Indemnification of PROCLE HEALTHWORKS

You agree to defend, indemnify and hold harmless ProCLE HEALTHWORKS, its licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, any information you upload or post to the Platform, any use of the Platform’s content, Services other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.

Choice of Law; Jurisdiction, Unenforceability

Your access to and use of the PROCLE HEALTHWORKS, and these Terms of Use, are governed by and will be construed in accordance with the laws of the State of Georgia, U.S.A., without giving effect to any law or rule that would cause the laws of any jurisdiction other than the State of Georgia to be applied. Any action arising out of these Terms or this website shall be litigated in, and only in, courts located in Atlanta, Georgia, and you agree to submit to the exclusive jurisdiction of those courts and further agree that they are a convenient forum for you.

YOU AND WE HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THIS WEBSITE.

In the event that any provision of these terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable provision.

Section headings are for convenience only.

Termination

PROCLE HEALTHWORKS reserves the right to, and may, terminate or temporarily suspend your access to all or any part of the application, without notice, for conduct that PROCLE HEALTHWORKS believes violates these Terms of Use or any of its policies or guidelines, or for any other reason in its sole discretion

Additionally, in the event that we discover that you have shared your PROCLE HEALTHWORKS access information or that you have misused your PROCLE HEALTHWORKS privileges, we may terminate your participation in PROCLE HEALTHWORKS at any time. We take no responsibility for and disclaim any and all liability for damages arising from a breach of medical record confidentiality resulting from your sharing or losing your PROCLE HEALTHWORKS User ID and/or Password.

General

These Terms of Use are applicable only to PROCLE HEALTHWORKS and the use thereof in the manner set forth herein.

More information

If you have questions or comments about these Terms of Use or any other questions, please email us at procle.helpline@thundercloudit.com.