Website Terms and Conditions of Use
These Website Terms and Conditions of Use (this "Agreement") govern your access to and use of the internal company's website and portals thereof (this "Website") operated by Northwest Home Care, Inc., d/b/a Abcor Home Health, Inc., an Illinois corporation (hereinafter referred to as "Website Owner" or the "Company"), the owner and developer of the EMR CRM Cloud Portal. The Website is designed to collect, store, and process the Company's employees, clients, vendors, contractors, and referral sources' personal information, including, without limitation, their confidential, proprietary, and protected health information under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").
1. Acceptance of the Terms
By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions (the "Terms") set forth in this Agreement. If you do not agree to these Terms, you may not access or use the Website. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes.
By accessing this website, you agree to be legally bound by this Agreement and all related policies, including the Website Owner's HIPAA Compliance Policy, and Internet Security Guidelines. If you do not agree to the terms set forth, you are not authorized to use this website.
2. Modifications of the Terms
The Company reserves the right to modify these Terms at any time. The Company will notify you of any material changes by posting the new Terms on this Website and/or by sending you an email notification. Changes will be effective immediately upon posting. Your continued use of the Website after such modifications will constitute your acknowledgment and acceptance of the modified Terms.
3. Access and Security
Access to the Website is restricted to current employees of the Company or its authorized users. You may not share your login credentials with any other person, including other employees. Any activity that occurs under your login credentials will be your responsibility.
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to:
- Create a strong password that meets the Company's security requirements, as such may change from time to time;
- Change your password periodically as required by Company policy;
- Not share your login credentials with any other person;
- Log out of your account at the end of each session; and
- Notify the Company immediately of any unauthorized use of your account or any other breach of security.
The Company reserves the right to terminate or suspend your access to the Website at any time, without prior notice or liability, for any reason, including, without limitation, breach of these Terms. Upon termination of your relationship, authority, or employment with the Company, your access to the Website will be automatically revoked.
4. Limitations of Liability and Indemnification
By using any services provided by this website, you agree that in no event will this website, Website Owner, its and their officers, employees, agents, affiliates, licensees, and web hosting services be liable for any direct or indirect, incidental, special, or consequential damages as a result of your accessing the website and using any of the services available. You indemnify and agree to defend and hold harmless this website, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of this website, including any breach by you of the Terms contained in this Agreement.
5. Responsibility for Use of Website
You agree to defend, indemnify, and hold harmless the Company, its affiliates, 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 or your use of the Website.
6. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Attempting to gain unauthorized access to the Website or any systems or networks connected to the Website of the Company or share your credentials with any other person;
- Attempting to access other employees' personal information without authorization;
- Using the Website in any manner that could disable, overburden, damage, or impair the Website, its servers, hosting, or computer systems;
- Introducing viruses, Trojan horses, worms, or other malicious code to the Website;
- Using any robot, spider, or other automatic device to access the Website;
- Engaging in any activity that interferes with the proper functioning of the Website;
- Using the Website for any purpose that is unlawful or prohibited by these Terms;
- Using the Website in any way damaging to the reputation or business of the Company; or
- Using the Website or information stored therein for your personal benefit or to the detriment of the Company, its employees, agents, or reputation.
7. Right to Monitor and Privacy
This Website and Website Owner reserve the right, but are not obligated, to monitor materials posted on this Website or in any public area and shall have the right to remove any information deemed offensive or inappropriate by the Company's staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
This Website collects various types of personal information from employees, vendors, clients, prospective employees, vendors, and clients, including but not limited to:
- Contact information (name, address, phone number, email address);
- Employment information (employee ID, department, position, hire date);
- Health and medical information (health insurance details, medical history, treatment information);
- Financial information (banking details, tax information);
- Emergency contact information;
- Other personal information necessary for employment and benefits administration; and
- Such other information as the Company deems appropriate for its operations, sales, or marketing efforts.
The Company is committed to complying with HIPAA regulations regarding the protection of employees' and customers' protected health information ("PHI"). The Company will comply with the data storage, confidentiality, privacy, and information sharing requirements of the applicable rules and regulations.
8. Confidentiality
The Company may use the personal information collected through the Website for the following purposes:
- Administration of employment relationship;
- Processing payroll and benefits;
- Compliance with legal and regulatory requirements;
- Internal record-keeping and reporting;
- Emergency contact purposes; and
- Other legitimate business purposes related to employment.
The Company will not disclose personal information to third parties except:
- To provide services and support service providers who assist in administering employee benefits and who are required to keep personal information confidential;
- To comply with legal obligations, such as responding to subpoenas, court orders, or other legal process;
- To protect the Company's rights, property, or safety, or the rights, property, or safety of others;
- With your explicit consent;
- As otherwise permitted or required by law.
The Company will retain your personal information for as long as necessary to fulfill the purposes for which it was collected, to comply with legal obligations, or to protect the Company's legitimate interests. Upon termination of your employment or relationship with the Company, your personal information will be retained in accordance with the Company's data retention policy and applicable laws.
9. Ownership, Copyrights, Trademarks, Licenses
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Except for any information that is in the public domain, you are not authorized to reproduce, transmit, or distribute the proprietary information of this Website and Website Owner.
The Company grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website solely for internal business purposes related to your employment or engagement with the Company. This license does not include the right to:
- Modify or copy any materials on the Website
- Use any materials on the Website for any commercial purpose
- Remove any copyright or other proprietary notations from the materials on the Website
- Transfer the materials to another person or "mirror" the materials on any other server
10. No Warranties
The Website is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. The Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, neither this website nor the Website Owner warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.
To the fullest extent permitted by applicable law, in no event shall the Company be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Website
- Any conduct or content of any third party on the Website
- Any content obtained from the Website
- Unauthorized access, use, or alteration of your transmissions or content
11. Jurisdiction
This Agreement or any dispute arising from this Agreement is governed by the laws of Illinois, without regard to the provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Northern District of Illinois, City of Chicago, Cook County, and you hereby consent to the jurisdiction of any such court.
12. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified so that it is valid, legal, and enforceable to the maximum extent permitted by law.
13. Certification
You certify that you are at least 18 years of age and that your answers to the registration materials on this website will be truthful. In accessing and using this website, you understand and agree that basic information concerning you, given to this website, will be published and captured on the website for others and the Website Owner to view, along with your user ID, your name, address, e-mail address, and other information you or other users may enter therein.
By accessing and using the Website, you acknowledge that you have read and understood these Terms and agree to be bound by them.
By using the Website, you consent to receive electronic communications from the Company regarding your use of the Website, changes to these Terms, or other matters related to the Website. You agree that any notices, agreements, disclosures, or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
14. Entire Agreement
This Agreement constitutes your entire Agreement with this website and Website Owner with respect to any services. Nothing in these Terms shall be construed to create an employment contract or to modify the at-will nature of your employment with the Company. These Terms relate solely to your use of the Website.
15. Waiver
The failure of this website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.