WEBSITE TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the “Site”). By accessing, browsing, and/or using this Site, the customer (“You” or “Customer”) signifies Your agreement to these Terms and Conditions. If You do not agree to these Terms and Conditions, do not use this Site. WOMBA, LLC and its subsidiaries and affiliates (collectively, “WOMBA,” “We,” or “Us”) may modify these Terms and Conditions at any time and such modifications shall be deemed effective immediately upon posting of the modified Terms and Conditions. Your continued use of the Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. Your use of certain features on this Site may also be subject to additional terms outlined elsewhere (the "Additional Terms"). By accessing such features, You agree to abide by the Additional Terms corresponding to such features.
You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site. Minimum systems requirements apply to the use of the Sites and it is solely your responsibility to ensure your computer system complies with these requirements. You agree that you are solely responsible for maintaining the security of your computer(s) and all personal and other data, including without limitation, encryption of data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE. WOMBA is not responsible for back-up or restoration of your information or for any loss of or disablement of access to your information. We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple WOMBA servers for back-up and maintenance purposes; and (b) block or remove any unlawful content you store on or transmit to or from any WOMBA server. We do not guarantee the protection of Your content or data located on Our servers or transmitted across our network (or other networks) against loss, alteration or improper access.
While We may make reasonable efforts to provide accurate and timely information on this Site, You should not assume that the information provided is always accurate or current or that the Site contains all the relevant information available. Under no circumstances will WOMBA be liable in any way for any (i) information, data or other content available on this Site, including, but not limited to, any errors or omissions in any such information, data, or content or any loss or damage of any kind incurred as a result of the use of or access to such information, data, or content, or (ii) denial of access to any information, data, or content available on this Site, or (iii) for any damage resulting from any actions you take in response to any such information, data, or content.
In addition, certain areas of the Site may contain content from other third-party users (“Users”), and WOMBA assumes no responsibility for the accuracy, quality, or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or similar features reflecting user-generated content, and We do not endorse any advice or opinion contained therein. WOMBA does not endorse and has no control over what Users post or submit in connection with the Site. Customer acknowledges that WOMBA cannot guarantee the accuracy of any information submitted by any User, nor any identity information about any User. WOMBA reserves the right, in its sole discretion, to reject, posting or other content, or to restrict, suspend, or terminate any User's access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. WOMBA reserves the right to investigate and take appropriate action against any User who, in WOMBA's sole discretion, is suspected of violating this Agreement, including without limitation, reporting such User to law enforcement authorities.
WOMBA does not represent or warrant that the Site or its features are virus-free or free from any malware, spyware or any other programs designed to impact, impede or destroy the functionality of any computer or to software or hardware or which may compromise the data security or integrity, of Your computer.
Third Party Materials
Certain content, products, and services that may be made available via the Site may include materials from third parties. You agree that You will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that WOMBA is not in any way responsible for any such use by You. You further acknowledge that WOMBA is not responsible for examining or evaluating the content or accuracy of such materials and that WOMBA will not have any liability or responsibility for any third-party materials or for any other materials, products, or services of third parties.
You acknowledge that through Your use of certain areas of the third-party sites, You may have access to content or information which may be sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of third-party sites by children is Your responsibility and that WOMBA is not responsible for content on third party sites. The WOMBA Web Site may produce automated search results or otherwise link you to other sites on the Internet. WOMBA provides these links to third-party websites solely as a convenience to you. These sites may contain information or material that some people may find inappropriate or offensive. Such sites are not under the control of WOMBA, and You acknowledge that WOMBA is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. You further acknowledge that WOMBA is not responsible for examining or evaluating the content or accuracy of such third-party sites and WOMBA does not warrant and will not have any liability or responsibility for any third-party websites or for the products, services or content contained thereon.
WOMBA respect the intellectual property of others and expects others to do the same. In order to protect the integrity of its trademarks, WOMBA prohibits You from using any trademark or service mark appearing on this Site without the prior written consent of WOMBA or the third-party owner of such mark. WOMBA and the WOMBA and design logo are registered trademarks and/or service marks of WOMBA or its subsidiaries. Other trademarks appearing on this website or other sites linked to from this website are the property of WOMBA or their respective owners who may or may not be affiliated with or connected to WOMBA or the services described on this Site.
WOMBA grants you a limited license to access and make personal, non-commercial use of the Site and the content displayed on it. You may download and copy the information contained on this Site solely for personal, non-commercial, and informational use subject to the trademark restrictions provided for above. WOMBA grants to you a limited, nonexclusive right to create a hypertext link to the home page of this Site so long as your link does not portray WOMBA or any of its Services in a false, misleading, or otherwise defamatory manner and adhere to all other restrictions governing the use of WOMBA and third-party proprietary material. We reserve the right, at all times in its sole discretion, to terminate your rights to create a link to the Site homepage. With the exception of the foregoing permitted uses, any other redistribution, retransmission, copying, or publication of any content from this Site is strictly prohibited without the express written consent of WOMBA.
You may not access, or attempt to access, any materials or information on this Site through any means not purposely made available by WOMBA. Except as noted above, WOMBA does not grant to you any right or license by implication, estoppel, or otherwise in or under any copyright, trademark, service mark, registered trademark, or proprietary right of WOMBA or any third party.
WOMBA may use a technology nicknamed "cookies" to help personalize Your online experience. A cookie is a text file that is placed on Your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to Your computer. Cookies are uniquely assigned to You, and can only be read by a web server in the domain that issued the cookie to You.
The purpose of a cookie is to tell the Web server that You have returned to a specific page and helps Us to recall Your specific information on subsequent visits. This simplifies the process of recording Your personal information, such as billing addresses, shipping addresses, and so on. When You return to the same WOMBA Web site, the information You previously provided can be retrieved, so You can easily use the Website features that You customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but You can usually modify Your browser setting to decline cookies if You prefer. If You choose to decline cookies, You may not be able to fully experience the interactive features of the WOMBA services or Website.
You may not submit or transmit through the Site any material, or otherwise engage in any conduct that:
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including and its employees and agents;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- violates these Terms and Conditions, or any policy posted on the Site,
- or interferes with the use of the Site by others;
You may not use the Site or any product or service featured on the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or which would commit fraud on a third party. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
If WOMBA believes that the Site, an individual’s MyWOMBA Account, or any product or service associated with the Site is being used in any of the aforementioned ways, WOMBA may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution and terminate Your access to the Site, including to Your MyWOMBA Account. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, WOMBA reserves the right, subject to applicable law, to provide information in response to law enforcement requests, subpoenas, court orders, to protect WOMBA's rights, property and customers. WOMBA reserves all of its rights at law and equity to proceed against anyone who uses the Site in any manner except as authorized hereunder.
WOMBA, LLC PRIVACY AND SECURITY POLICY
Information We Collect And How We Collect It
Information about the Site
We keep track of the pages Our visitors’ access within the Site in order to determine what features and services are the most popular. We automatically gather certain usage information like the numbers and frequency of visitors to the Site. This data helps Us determine how much Our customers use parts of the site, so We can improve Our Site to assure that it is as functional and user-friendly as possible.
Non-Identifiable Information about Our Visitors
You can browse the Site without telling Us who You are or revealing any personal information about Yourself. When You visit the Site or use Our applications, services, or tools, We collect information sent to Us by Your computer, mobile phone, or other access device. This information is not associated with You personally unless You register for a personalized account with MyWOMBA. We may combine information about your use with information about others’ use to generate aggregated information about visitors as a group. Such aggregated information does not identify or otherwise relate to You personally. We may collect information from Your interaction with Our Site, including, but not limited to, device ID, device type, geo-location information, computer and connection information, your operating system version, your browser version, the length of time you spend on pages within the Site, the site from which You linked to ours, and search terms you used in search engines which resulted in you linking to the Site, etc. We may employ analytics tools to collect user demographics, which helps inform us about our users’ ages, genders, and preferences. We may review this information and use it to view and create reports to assist us with analyzing Our users’ preferences and patterns.
Personal and/or Business Information
WOMBA is authorized to act as a representative of our insurer clients to obtain and review personal (medical and non-medical) information for any individual applying for an insurance policy. Collection and use of this information are for underwriting and claims risk management purposes. WOMBA only gathers and discloses information with the insurer as it is expressly requested by said insurer and agreed to by the applicant’s written authorization originally obtained by said insurer. If an applicant wishes to not have information gathered, said applicant must notify the insurer that originated the information gathering request. WOMBA is fully compliant with and abides by all requirements of HIPAA and the standards enumerated in the Privacy True and in the Security Rule.
WOMBA takes seriously the security of the information it collects, and strict physical security measures as well as business continuity and disaster recovery plans provide for the protection of WOMBA information, assets, and sensitive applications and data. It is WOMBA’s policy to protect computer hardware, software, data and documentation from misuse, theft, unauthorized access and environmental hazards. Any and all transmission of personal information is encrypted using Secure Socket Layer (SSL), the industry-standard encryption technology. Encryption provides a secure means to protect information as it passes over the Web between servers. While we endeavor to safeguard Your personal information, We cannot guarantee absolute security. You acknowledge and agree that we shall not be liable for any security breach that results from causes or events that are beyond our control, such as acts of God, hacking, terrorism, power outages, defects in third-party security products and services, your own acts or omissions, and other similar events. The facilities that house our servers, network devices, backup storage media and other equipment and information are physically secured and attended. For security and network maintenance purposes only authorized WOMBA employees monitor equipment, systems and network traffic and employee/contractor access to the system is restricted by highly secure passwords. We perform risk assessment, security audits, and system test activities on an ongoing basis. Our employees and contractors receive frequent training and reminders regarding information security and protecting the confidentiality of information. WOMBA and all its employees and contractors are contractually obligated to adhere to strict information privacy/security policies and practices. These policies expressly prohibit the inappropriate disclosure, alteration or destruction of health records or any form of client information.
Terms of Service
“Electronic Health Record” or “EHR” means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff.
"Protected Health Information" means individually identifiable health information that is transmitted by electronic media, maintained in electronic media, or transmitted or maintained in any other form or medium, with certain exceptions. The term "Protected Health Information" shall have the same meaning as the term is defined in Title 45, part 160.103 of the Code of Federal Regulations.
WOMBA, LLC’s (“WOMBA”, “We”, “Us”) provides health records (the “Service”) to licensed insurance carriers (“Customer(s)”) for the purpose of policy underwriting and risk analysis (“Permitted Use”) by those Customers and their authorized representatives and agents. By ordering EHRs from WOMBA, Customer represents and warrants that it is licensed by all relevant agencies and compliant with all applicable laws and regulations pertaining to its business as an insurance carrier and that the EHRs provided to it by WOMBA shall be utilized solely for the Permitted Use. Customer further represents and warrants that each insurance applicant’s authorization to retrieve such applicant’s protected health records complies with all HIPAA rules and standards. By using the Service, Customer agrees that WOMBA is authorized to save all EHR information and related data on WOMBA’s platform.
WOMBA does not represent, warrant or guarantee the truthfulness, completeness, accuracy, or reliability of any EHR or any underlying information contained therein. Customer accepts that any reliance on any EHR provided by WOMBA will be at Customer’s own risk. The EHRs provided to Customer by WOMBA are solely informational and does not purport to contain all relevant or necessary information regarding any applicant for insurance or all relevant or necessary information regarding that person’s risk profile as it applies to such insurance. All such representations, warranties and guarantees are hereby expressly disclaimed.
WOMBA is not responsible for any action performed by an insurer relating to an applicant’s health records (including data sharing and privacy issues) and is not liable for any interaction between the insurer and the insurance applicant which is based on the records.
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WOMBA DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, AND GUARANTEES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WOMBA WILL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS (TANGIBLE OR INTANGIBLE) OR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE SERVICE. WOMBA SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF HOW THE DAMAGES ARE INCURRED OR THE THEORY OF LIABILITY. WOMBA DOES NOT PROMISE OR GUARANTEE THAT THE SERVICE WILL BE AVAILABLE ON A 24/7 BASIS. THE LIMITATIONS ON WOMBA’S LIABILITY EXPLICITLY APPLY TO CLAIMS BASED UPON ALLEGED NEGLIGENCE BY WOMBA. THE LIMITATIONS ON WOMBA’S LIABILITY ALSO APPLY REGARDLESS OF WHETHER WOMBA HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY THAT SUCH LOSSES OR DAMAGES MAY OCCUR.
The intention of the limitations stated in these Terms of Service is to disclaim any liability to Customer pertaining to Customer’s use of the Service. If any provision these Terms of Service limiting WOMBA’s potential liability to Customer is determined to be unenforceable by a court or other authority with jurisdiction to decide the matter, such determination shall not preclude the application of other, enforceable, limits that would preclude or limit the same liability, and to the extent any liability against WOMBA might exist because of such a determination, that liability shall be capped at no more than $100 in total or the actual amount of the damages determined to be recoverable, whichever is less.
Terms of Service
The following provisions apply to Your use of a WOMBA Account (as hereinafter defined) and supplement the Terms of Service provided for above.
"Health-Related Information" as used in these Terms means all health information, including demographic information and information related to an individual's physical or mental health, or the provision of health care to the individual.
"HIPAA" as used in these Terms means the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder, including the Privacy Rule and the Security Rule, as amended.
“WOMBA Account” as used in these Terms means the personalized Consumer-facing account corresponding to a specific Consumer and containing the Health-Related Information of such Consumer.
"Privacy Rule" as used in these Terms means the Standards for Privacy of Individually Health Information at 45 CFR Part 160 and 164, Subparts A and E, as amended.
"Security Rule" as used in these Terms means the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR Part 160 and Part 164, Subparts A and C, as amended.
"User" as used in these Terms means You or any other "healthcare provider", as that term is defined in 45 CFR § 160.10, or their agent, that uses the WOMBA Portal Application.
"WOMBA Portal" as used in these Terms means the consumer-mediated electronic-health-record platform, including the WOMBA Portal mobile application, licensed by WOMBA under the "WOMBA" trademark, designed to enable end-users (“You”) to retain, manage and share their electronic Health-Related Information as they see fit and appropriate.
Privacy and Security
WOMBA knows that the privacy and security of your information is important to You. WOMBA takes seriously its responsibly to safeguard Your information. WOMBA is fully compliant with and abides by all requirements of HIPAA and the standards enumerated in the Privacy True and in the Security Rule.
Under HIPAA, we are required to:
- Maintain the privacy of protected health information;
- Provide You this notice of WOMBA’s legal duties and privacy practices regarding Your health information; and
- Notify affected individuals following a breach of unsecured protected information.
By creating a WOMBA Portal Account (“WOMBA Account”), You are certifying to us that You have read and understood the Privacy and Security Policy, and that You authorize Us to store and handle Your information as described in the Privacy and Security Policy.
The WOMBA Portal
The WOMBA Portal is intended to facilitate the storage, organization, and sharing of electronic Health-Related Information by the You. You are solely responsible for any Health-Related Information that You or a User inputs, uploads or stores to Your WOMBA Account. You assume all risks associated with Your or Your authorized User inputting, uploading or storing of Health-Related Information to the WOMBA Portal, including anyone’s reliance on its quality, accuracy, or reliability including any reliance by one of Your healthcare providers. WOMBA does not endorse any, nor is it responsible for, any Health-Related Information inputted, uploaded or stored by You or any User, individual or entity to which You have granted access to Your WOMBA Account.
All disclaimers, provisions, indemnities and reservations of right provided for below apply to You as well as to any User or any other third party to whom You have granted access to Your WOMBA Account or access to any information accessible through Your WOMBA Account.
License to Use the WOMBA Portal. We grant You only a non-exclusive, personal, non-transferable, limited right or license to access and use the WOMBA Portal subject to your full compliance with these Terms. You will not: (i) copy, reverse engineer, decompile or disassemble the WOMBA Portal, in whole or in part, or otherwise attempt to discover the source code to the software used by the WOMBA Portal, or (ii) modify, combine, integrate, render interoperable, or otherwise access for purposes of automating data transfer, the WOMBA Portal, with any other software or services not provided or approved by Us. You will obtain no rights to the WOMBA Portal, except for those expressly granted by these Terms.
Rights to Health-Related Information. You retain all rights with regard to the Health-Related Information that You input, upload or store to Your Womba Account. Notwithstanding the foregoing, You hereby authorize WOMBA to maintain electronic connection at all times with Health Information Exchanges, Electronic Medical Record Vendors, health care providers, the CommonWell Health Alliance, Carequality, and other similar entities (collectively, (“EHR Providers”) and query such EHR Providers in order to continuously supplement and update the Health-Related Information contained in Your WOMBA Account. You further authorize WOMBA to share Your Health-Related Information, including any files which You upload to You WOMBA Account, with any entity with which it has a HIPAA-complaint Business Associate Agreement, including with the EHR Providers.
Non-Medical and Third-Party Use of Health-Related Information. In the event You elect to provide Your Health-Related Information to an insurance carrier pursuant to an application by You for Life, Long Term Care or Disability insurance, You hereby authorize WOMBA to transmit Your Health-related Information to such carrier and to redact, edit, and clarify Your Health-Related Information to the extent necessary to satisfy the requirements of such carrier.
No Medical Services. You acknowledge and agree that WOMBA is not engaged in the practice of medicine. WOMBA personnel cannot provide You with medical advice, nor can WOMBA provide any treatment, testing, diagnoses, prescriptions, or any other healthcare-related functions. WOMBA does not provide health insurance, process payments or facilitate claims with Your health insurer.
Further, you understand that any content contained on the WOMBA Portal is not designed for medical care or medical emergencies, except by a duly licensed healthcare professional and is not a substitute for professional medical advice. You understand that any healthcare decisions and actions You may make while using the WOMBA Portal are undertaken of Your own free will. Any content provided by WOMBA on the WOMBA Portal, whether generated by WOMBA or via a third party, does not constitute medical advice and cannot be relied upon as such. Such content available on the WOMBA Portal, if any, is for informational purposes only and may not be accurate, complete or up-to-date.
BY USING THE WOMBA PORTAL AND/OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT WOMBA IS NOT A MEDICAL PROVIDER, ORGANIZATION OR HOSPITAL. YOU FURTHER UNDERSTAND AND AGREE THAT WOMBA IS NOT STAFFED BY MEDICALLY TRAINED PERSONNEL. IF YOU HAVE QUESTIONS ABOUT YOUR MEDICAL CONDITION OR NEED MEDICAL HELP, YOU SHOULD SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER.
If You are a User, You may expose yourself to liability if, for example, You input, upload or store Health-Related Information to the WOMBA Portal that is inaccurate, false or misleading; violates third-party rights; or is unlawful or violates any law or regulation.
Disclaimer. WOMBA DISCLAIMS ANY IMPLIED GUARANTEE, REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THE WOMBA PORTAL, OR ANY PRODUCT, SERVICE, FEATURE OR CONTENT RELATED THERETO.
THE WOMBA PORTAL AND ANY UNDERLYING FEATURES, PRODUCTS, SERVICES OR TOOLS CONTAINED OR INCORPORATED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WOMBA DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, AND GUARANTEES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ALL SUCH REPRESENTATIONS, WARRANTIES AND GUARANTEES ARE HEREBY EXPRESSLY DISCLAIMED.
WOMBA WILL NOT BE LIABLE TO YOU FOR ANY LOSS (TANGIBLE OR INTANGIBLE) OR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE WOMBA PORTAL OR YOUR USE OF IT. WOMBA SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF HOW THE DAMAGES ARE INCURRED OR THE THEORY OF LIABILITY. THE LIMITATIONS ON WOMBA’S LIABILITY EXPLICITLY APPLY TO CLAIMS BASED UPON ALLEGED NEGLIGENCE BY WOMBA. THE LIMITATIONS ON WOMBA’S LIABILITY ALSO APPLY REGARDLESS OF WHETHER WOMBA HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY THAT SUCH LOSSES OR DAMAGES MAY OCCUR.
The intention of the limitations stated in this agreement is to disclaim any liability whatever to you pertaining to your use of the Service. If any provision in this agreement limiting WOMBA’s potential liability to you is determined to be unenforceable by a court or other authority with jurisdiction to decide the matter, such determination shall not preclude the application of other, enforceable, limits that would preclude or limit the same liability, and to the extent any liability against WOMBA might exist because of such a determination, that liability shall be capped at no more than $100 in total or the actual amount of the damages determined to be recoverable, whichever is less.
Indemnity. You agree to defend, indemnify and hold WOMBA harmless from any third-party claims arising out of or related to Your use of the WOMBA Portal.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTOOD IT TO BE A FULL AND FINAL RELEASE OF ALL COSTS, CLAIMS, CAUSES OF ACTION AND DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH WOMBA’S PORTAL OR ANY PRODUCT, SERVICE, FEATURE OR CONTENT RELATED THERETO.
WOMBA Privacy & Security Policy
WOMBA takes seriously the security of the information it collects, and strict physical security measures as well as business continuity and disaster recovery plans provide for the protection of WOMBA information, assets, and sensitive applications and data. It is WOMBA’s policy to protect computer hardware, software, data and documentation from misuse, theft, unauthorized access and environmental hazards. Any and all transmission of personal information is encrypted using Secure Socket Layer (SSL), the industry-standard encryption technology. Encryption provides a secure means to protect information as it passes over the Web between servers.
The facilities that house Our servers, network devices, backup storage media and other equipment and information are physically secured and attended. For security and network maintenance purposes only authorized WOMBA employees monitor equipment, systems and network traffic and employee/contractor access to the system is restricted by highly secure passwords. We perform risk assessment, security audits, and system test activities on an ongoing basis. Our employees and contractors receive frequent training and reminders regarding information security and protecting the confidentiality of information.
WOMBA and all its employees and contractors are contractually obligated to adhere to strict information privacy/security policies and practices. These policies expressly prohibit the inappropriate disclosure, alteration or destruction of health records or any form of client information. Examples of protected confidential information include but are not limited to: personal data and information, health records, customer lists, and information pertaining to WOMBA’s clients.
All of our employees and contractors are responsible for safeguarding both information and physical assets that store information as well as using computing resources in a secure, ethical and lawful manner.
While we endeavor to safeguard your Personal Information, We cannot guarantee absolute security. You acknowledge and agree that we shall not be liable for any security breach that results from causes or events that are beyond our control, such as acts of God, hacking, terrorism, power outages, defects in third party security products and services, Your own acts or omissions, and other similar events.
Access and Use of Health-Related Information. You retain all rights with regard to the Health-Related Information that you input, upload or store to the WOMBA Portal. Because the WOMBA Portal encrypts all Health-Related Information that Users input, upload or store to the WOMBA Portal, we will neither be able to use, nor have any access to such information. We do not screen users, nor do we access, view or verify any of the Health-Related Information that they input, upload or store to the WOMBA Portal. We have no responsibility for the conduct of Users, including the Health-Related Information they input, upload or store to the WOMBA Portal. Email us at ____________ notify of us of any inappropriate or illegal conduct involving the WOMBA Portal or Your WOMBA Account that you encounter.
Appropriate Safeguards. We will implement and maintain appropriate administrative, physical and technical safeguards to protect the Health-Related Information that you input, upload or store to the WOMBA Portal. The safeguards shall comply with the federal, state and local requirements, including the Privacy Rule and the Security Rule.
Security Incident. We will immediately notify You of any breach or suspected breach of the security of the WOMBA Portal of which we become aware, or any unauthorized use of disclosure of information within or obtained from the WOMBA Portal, and will take such action to mitigate the breach, suspected breach, or unauthorized use or disclosure of information within or obtained from the WOMBA Portal.
WOMBA may at times engage other companies or individuals to perform certain activities on our behalf and related to our provision of the Services, such as assistance in correcting hardware problems, off-site storage of information for disaster recovery, web site hosting, or technical assistance regarding operating systems, web browsers or other non-WOMBA software with which the WOMBA Portal might interact. WOMBA will provide such third parties access to your Personal Information only (i) when such access is necessary to accomplish the activity for which we have engaged the third party; and (ii) when the third-party is contractually bound to us: (a) to use the information only in connection with accomplishment of the activity for which they’ve been engaged and (b) to provide administrative, physical and technical safeguards to protect the confidentiality and security of the information.
MeOnly is a cloud-based, next-generation verification and single sign-on platform that integrates with virtually any verified third-party partner. MeOnly, uses (i) Artificial Intelligence and Computer Learning, (ii) biometric data, (iii) government-issued ID, and (iv) real-life awareness knowledge to create an E-DNA to safeguard Your WOMBA Account. Once the E-DNA is created all physical aggregated data is purged. MeOnly is an authorized security solution provider to WOMBA. You acknowledge that by creating a WOMBA Account, that You authorize MeOnly with any and all access to Your WOMBA Account and the information contained therein for the purpose of MeOnly fulfilling its duties and obligations to WOMBA.
There are very few instances in which your Personal Information ever will be disclosed by us other than as directed by you through your use of the Services. We may disclose your Personal Information in the following circumstances:
- As we in good faith consider necessary for us to comply with any applicable law compelling a disclosure of the information, to comply with legal process served on us, or in response to the request of a law enforcement or government regulatory agency in circumstances that we believe warrant the disclosure;
- As we in good faith believe is necessary or appropriate in order to protect the personal safety or health of the public or users of the Service;
- As we in good faith believe is necessary or appropriate to protect and defend our rights and property, including the enforcement of the Terms or Service that govern your use of the Services;
- As we in good faith believe is necessary to protect against or address fraud or security breaches.
Misuse & Unauthorized Access
You acknowledge that, while WOMBA has provided the foregoing technical safeguards against unlawful or unauthorized access, that You are solely responsible for ensuring that the self-identifying information and protocols You use to access Your WOMBA Account are not disclosed to any third party to which You did not want to provide access. You further agree that We will not be responsible for any unlawful access to or use of any Health-Related Information that you input, upload or store onto the WOMBA Portal, by any User resulting from the User's misrepresentation to us, or their breach of their respective agreement with us for their use of the WOMBA Portal.
User Access. If You are a User, You represent and warrant that You have obtained the proper consents, authorizations, and releases from any persons or entities to the fullest extent required by applicable law before inputting, uploading or storing Health-Related Information to the WOMBA Portal.
We may make changes to this policy from time to time by posting revised versions on the WOMBA Portal.
WOMBA does not represent, warrant or guarantee the truthfulness, completeness, accuracy, or reliability of any electronic health record (“EHR”) it provides, or any underlying information contained therein. Customer accepts that any reliance on any EHR provided by WOMBA will be at Customer’s own risk. The EHRs provided to Customer by WOMBA are solely informational and does not purport to contain all relevant or necessary information regarding any applicant for insurance or all relevant or necessary information regarding that applicant’s risk profile as it applies to such insurance. All such representations, warranties and guarantees are hereby disclaimed.
Please refer to Terms of Service on the WOMBA website for further information.