Intuit Health Terms of Service


Thank you for selecting this Intuit Health application (the "Service"). Your use of the Service is governed by these Terms of Service together with Intuit's Privacy Statement (collectively, the "Terms"). If you click "ACCEPT" it means that you agree to these Terms. If you do not agree to these terms do not click "ACCEPT." If you do not agree to these Terms you will not be able to use the Service.

Using the Service

As part of the Service, we work with healthcare providers and others who maintain data relating to healthcare and medical information (each a "Data Source"). You may use the Service to access and download information about your health information and medical payments from Data Sources. We are not responsible for the accuracy of any of the information provided by a Data Source.

Intuit gives you a personal, revocable, non-exclusive, and non-assignable license to use the Service. Intuit and its licensors and suppliers own all proprietary rights to the Service.

By participating in the Service you agree that you are at least thirteen (13) years old and that any information you provide to or access through the Service is either yours or you have the authority to use it. You may not use the Service to gain unauthorized access to anyone else's information. It is possible that information about you may include sensitive or psychologically damaging information, depending upon the nature of your medical information.

You will need to use a user name and password to access the Service. If you give your user name and/or password to anyone else that person could be able to view or access your Personal Information through the Service. "Personal Information" is any information provided to the Service that either by itself or with other information personally identifies you. Your Personal Information would include information like your name, address, information about your health, diagnoses, and billing information.

If you choose to use the Service by configuring the view-only option of the Personal Health Record to allow a medical professional to access your health information, they will only be allowed to use the information for the purpose of providing care for you.  The medical professional who is providing emergency health care to you  is required to provide us with their personal data (which is be subject to Intuit’s Privacy Policy) and they will only be able to have access to your data for a limited period of time.

We may revise the Service from time to time with new or different features or information. Any changes that we make will be considered part of the Service.

We may ask for your ideas and suggestions ("Feedback") about the Service. You do not have to give us Feedback, but if you do, you agree that we may use your Feedback in any way, including making changes to the Service and advertising.

This is NOT Medical Advice

We do not offer medical advice as part of the Service. We do not provide any medical referrals or diagnoses for any medical conditions. If you have any questions related to your health, please contact your healthcare provider.

Description of Service

Intuit Health (Patient Portal and Personal Health Record)

Intuit Health Patient Portal and Personal Health Record is an online service designed to allow you to communicate with your medical care providers. You can schedule visits, refill prescriptions and create a personal health record that allows you to aggregate your data across multiple health practices and health care providers in one location online.

Online Bill Pay

The Service includes an optional Bill Pay feature (additional fees may apply) that gives users a way to pay healthcare bills online to healthcare providers. Bill Pay provides a way to submit payments to healthcare providers electronically. If you choose to use the optional Bill Pay feature, you will be asked to give separate consent the first time you use Bill Pay in addition to these Terms. Additional terms relating to the Bill Pay feature are described below.

Your Personal Information

Your privacy is important to us. When you download your Personal Information from your Data Source (including, for example, medical expense information from visits to healthcare providers), the Service will store your personal information. You will need to verify your authorization before you access your information in the Service. We will only use your information as authorized by you and as permitted or required by law. For more information, please review our Privacy Statement.

We continuously improve our products. In order to do this we summarize information about you in an anonymous way that does not identify you personally. We combine this non-identifiable information with that of others to understand how people use our products and to help us develop new products and services.

We may also share the combined, non-identifiable information with third parties to help them improve products and services.

In order to develop a more valuable offering, we also use information you provide to better understand your healthcare provider network. We may combine this information with publicly-available sources to communicate with those healthcare providers about our offerings.

Additional terms apply to the use of your personal data depending on which Service you use:

Intuit Health

Some information that is downloaded into the Service such as health information and medical payments cannot be edited by users of the Service as the information represents data as it is being provided by the Data Source. A user can remove his or her information from the Service by deleting your health information in the Personal Health Record.

Relationship to HIPAA

Once you authorize us to retrieve, store, and display your data through Intuit Health, we use your authorization to connect to Data Sources and retrieve your data on your behalf. You can then use a web browser to access this password-protected data in Intuit Health. Because Intuit acts as your agent when receiving and storing data through Intuit Health, no business associate relationships between Intuit and any Data Source are created as defined by the HIPAA Privacy Rule.

Third Party Services; Sites

While you use the Service, you may find out about services or products provided by other companies that are not part of Intuit ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding any terms and conditions governing such Third Party Services. You agree that the company providing the Third Party Services, and not Intuit, is solely responsible for the Third Party Services.

The Service may contain links to web sites operated by other companies ("Third Party Sites"). Intuit does not control Third Party Sites. Intuit is not responsible for the content of, or any links in, any Third Party Site. Intuit does not review, approve, monitor, or make any representations with respect to Third Party Sites. If Intuit includes any link in the Service it does not mean that there is an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Intuit of anything in any Third Party Site. Intuit will not be responsible for the information contained in any Third Party Site or for your use of or inability to use such web site. Access to any Third Party Site is at your own risk, and you acknowledge and understand that Third Party Sites may contain terms and privacy policies that are different from Intuit's. Intuit is not responsible for such provisions, and expressly disclaims any liability for them.

Electronic Communication

When you use the Service or send e-mails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. We will communicate with you through email or by posting notices through the Service. Any information that we send you by e-mail will be considered received by you on the date we send the e-mail. You agree to let us know if your e-mail address changes for as long as you are using the Service.

You must register to use the Service and (i) provide true, accurate, current and complete information about yourself (the "Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any Registration Data that is inaccurate, not current or incomplete, or we suspect that it is inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future access to and use of the Service (or any portion thereof).

Termination

We may stop making the Service (including any feature) available at any time and for any reason. If the Service is no longer available to users and you have been paying a fee, you will not be charged a fee after the date of termination, and you will no longer have access to your Service account. We may terminate your access to the Service if you do not act in accordance with these Terms.

Warranty Exclusion

THE SERVICE AND ANY CONTENT ACCESSIBLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES, LICENSORS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, DEALS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICE, CONTENT AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. INTUIT DOES NOT WARRANT THE SERVICE IS SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERRORS, OR THAT THE SERVICE MEETS YOUR REQUIREMENTS OR WILL RESULT IN REVENUES OR PROFITS. FURTHER, INTUIT DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SERVICE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS SUPPLIERS DISCLAIM AND SHALL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATIONS FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, YOUR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, LOSS OF PROFITS OR INVESTMENT, GOODWILL, ANY OTHER MATTER RELATING TO THE SERVICE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF INTUIT OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES INTUIT ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE. THE ENTIRE CUMULATIVE LIABILITY OF INTUIT AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE USE OF THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTUIT AND YOU. INTUIT WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.

Optional Services - Additional Terms

Intuit may offer additional Service options from time to time, and you may elect to obtain such services (additional fees apply). Terms pertaining to the optional services are described below.

Online Bill Pay

(i)    Definitions

"Payee" is the physician practice or other medical billing provider that you want to pay through the Service.

"Payment Account" is the credit or debit card account that you designate as the account to which your bill payments should be charged.

"Payment Information" is the information provided by you to the Service for a bill payment to be made to the Payee (such as, but not limited to, Payee name, credit or debit card number, expiration date, card type, and the date that you request the payment to be processed).

(ii)    Payment Authorization and Remittance Data

The Payment Account and Payment Information you provide must be accurate and complete, and you agree to use the Service to promptly make changes in the Payment Account information. Each time you use the Service to pay a Payee, you authorize us to debit your Payment Account by the amount of the payment. If a Payee does not accept a particular source of payment (for example from a certain credit card type), the denied payment source will not be available through the Service to pay such Payee.

You represent and warrant that you have the right to authorize us to charge the Payment Account for payments you initiate using the Services and you will indemnify and hold us harmless from any claims by any other owner of the account. You also agree that we are not responsible for any overdraft or insufficient fund situation or charge (including, but not limited to, finance charges, late fees or similar charges) caused by your failure to maintain a balance in the Payment Account that is sufficient to fund all payments you initiate.

By electing to use the Online Bill Pay feature, you are granting Intuit permission to share Personal Information including claim and remittance data with Payees so they can post your payment properly. This permission includes historical claim and remittance data with that Payee. We will not share your Personal Information with any healthcare providers for whom you are not using Online Bill Pay. Given that the Payee submitted the claim to your health plan, these Payees may already have this data. The provision of the data helps (i) the Payee find the claim and (ii) insure that you are not charged again for bills already paid. By sharing this data, when you review future bills, the previous payments can be more appropriately reflected.

The Service will use reasonable efforts to make all of your payments in accordance with your Payment Information. However, the Service shall not be liable if the Service is unable to complete any payments you try to make through the Service if:
     
  1.     Through no fault of the Service, your Payment Account does not contain sufficient funds to make the payment or the payment would exceed the credit limit of your Payment Account or the Payment Information or Payment Account data you entered is inaccurate or the charge is rejected or returned by your bank or financial institution; 
    2.  
  2.     Your Payment Account is closed. 
    3.  
  3.     The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you try to make the payment; 
    4.  
  4.     Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the Service from making the payment. 
    5.  
  5.     The payee rejects or returns the payment for any reason. 
    6.  
  6.     Your equipment, software or any communications link is not working properly. 
    7.  
  7.     The payee mishandles or delays handling or posting any payment we send. 
If none of the above exceptions apply and the Service causes an incorrect amount to be removed from your Payment Account or causes funds from your Payment Account to be sent to the wrong Payee or to a Payee that does not accept the payment, the Service will credit any such amount to your Payment Account or redirect the payment to the correct payee and, if applicable, reimburse your Payment Account for any reasonable late payment related charges.

 (vi)    Payment Limits

We may limit the amounts that may be paid to a Payee through the Service. We would notify you through the Service of any such limitation.

(vii)    Payment is Your Responsibility

This Service presents the patient responsibility amount as specified by your health plan. It is your sole responsibility to contact your Payees directly if you do not receive your statements. This Agreement does not change any of the payment responsibilities that you have with your Payees. You may continue to receive Explanation of Benefit statements from your health plan as well as bills from your healthcare provider

(viii)    Disclosure of Payment Account Information to Third Parties

It is our general policy to treat your Payment Account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
     
  1.     Where it is necessary for completing transactions; 
    2.  
  2.     In order to comply with a governmental agency or court orders; or, 
    3.  
  3.     If you give us your written permission 
(ix)    Payment Cancellations. Once you submit your payment, it cannot be cancelled or changed. You may call your Payee for cancellation requests although the Service cannot guarantee that your request will be accepted.

Export Restrictions

You acknowledge that accessing the Service is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export this technology, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will use them in any way that is not allowed by US laws. You further acknowledge the Service may include technical data subject to export and re-export restrictions imposed by US law.

Modifications

Intuit may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Intuit Health product page of the Intuit.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

General

This Agreement is a complete statement of the agreement between you and Intuit and sets forth the entire liability of Intuit and its Suppliers and your exclusive remedy with respect to the Services. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement will be governed by California law without regard to its choice of law or conflicts of law principles. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Santa Clara County, California or federal court for the Northern District of California. Any claim related to this Agreement or the Service must be filed within one (1) year of occurrence. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement, the word "including" means "including but not limited to." This Agreement does not limit any rights that Intuit may have under trade secret, copyright, patent or other laws. You may not assign any of your rights or obligations this Agreement without Intuit's prior written consent.

November 1, 2010
 



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