Authorization to Access Computer to Provide Remote Assistance Support
Remote Assistance Support is an option by which an eClinicalWorks customer (the “Customer”) may invite a member of the eClinicalWorks support team to access the Customer’s computer over a secure connection. In some situations, the session may be recorded. This Authorization provides information about and sets the terms by which eClinicalWorks will provide Remote Assistance Support.
I.Use of LogMeIn Rescue
To facilitate Remote Assistance Support, eClinicalWorks subscribes to a service provided by
As part of eClinicalWorks’ compliance with the Health Insurance Portability and Accountability Act of 1996, amendments and related statutes thereto, and associated regulations (collectively, “HIPAA”), eClinicalWorks has executed a business associate agreement with LogMeIn, Inc.
II.Authority to Authorize; Services Rendered per Separate Agreement
III.Voluntary Use of Software; Warranties; Indemnification.
Authorizing eClinicalWorks to access the Customer’s computer through LogMeIn Rescue is voluntary. eClinicalWorks will continue to honor its obligations under the Agreement even if this Authorization is rejected. By accepting this agreement, the Customer agrees to provide access to its computer to eClinicalWorks and, potentially, for eClinicalWorks to record the session.
The service is provided
IN ADDITION, ECLINICALWORKS DOES NOT REPRESENT AND DISCLAIMS ANY OF THE FOLLOWING WARRANTIES REGARDING THE LOGMEIN RESCUE SERVICE: (i) THE USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, OR OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA, (ii) THE SERVICE WILL MEET THE CUSTOMER’S REQUIREMENTS, or (iii) ALL ERRORS OR DEFECTS WILL BE CORRECTED, and
(iv)ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. USE OF THE LOGMEIN RESCUE SERVICE IS AT THE CUSTOMER’S SOLE RISK.
ECLINICALWORKS’ LIABILITY FOR ANY LOSSES OR DAMAGES, IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF THE SUBJECT MATTER OF THIS AUTHORIZATION SHALL BE LIMITED TO THOSE ACTUAL AND DIRECT DAMAGES REASONABLY INCURRED BY THE CUSTOMER AND SHALL NOT EXCEED THE FEES PAID BY THE CUSTOMER FOR REMOTE ASSISTANCE SUPPORT OVER THE MONTHS IN WHICH LIABILITY OCCURRED NOT TO EXCEED TWELVE (12) MONTHS. ECLINICALWORKS WILL NOT BE LIABLE FOR SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, LOST PROFITS, LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THIS AUTHORIZATION, EVEN IF ECLINICALWORKS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS; THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMERS LOCATED IN THOSE JURISDICTIONS.
In order for eClinicalWorks to provide the LogMeIn Rescue service, eClinicalWorks is obligated to undertake certain obligations, and, in this paragraph, eClinicalWorks imposes equivalent obligations on the Customer. The Customer will indemnify and defend eClinicalWorks against any
secret or privacy rights of any party, and the Customer agrees to pay reasonable attorney’s fees, court costs, damages finally awarded, or reasonable settlement costs with respect to any such claim. eClinicalWorks will promptly notify the Customer of any claim against eClinicalWorks and cooperate with the Customer in defending the claim. The Customer will reimburse eClinicalWorks for reasonable expenses incurred in providing any cooperation or assistance. The Customer will have full control and authority over the defense and settlement of any claim, except that: (i) any settlement requiring eClinicalWorks to admit liability requires prior written consent, not to be unreasonably withheld or delayed, and (ii) eClinicalWorks may join in the defense with eClinicalWorks’ own counsel at eClinicalWorks’ own expense.
To the extent that LogMeIn, Inc., defends, indemnifies, or holds harmless eClinicalWorks regarding the LogMeIn Rescue service, eClinicalWorks does not waive any efforts by the Customer to avail itself of the same protections.
Your Content and Accounts
The Customer retains all rights to the Customer’s content that will be accessible because of this Authorization, including any of the Customer’s or the Customer’s users’ or recipients’ files, documents, recordings, and other information uploaded for storage, or used, presented or shared with third parties in connection with the Remote Assistance Support (the “Content”), and eClinicalWorks does not own or license out the Customer’s Content. To the extent necessary to provide Remote Assistance Support, the Customer grants eClinicalWorks and LogMeIn, Inc., a
V.No Other Modification of the Separate Agreement
Except for the terms stated above, this Authorization does not alter the terms of eClinicalWorks’ Agreement with Customer. The Agreement shall continue to govern eClinicalWorks’ relationship with Customer, to the extent not modified above for the limited purpose of providing Remote Assistance Support, including but not limited to any terms in the Agreement setting the governing law and dispute resolution.
You may evidence your acceptance of this Authorization’s terms by clicking “I Accept” below.