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Scheduling.com (SCI Solutions) Services Agreement - For Physician

THIS AGREEMENT (“AGREEMENT”) IS ENTERED INTO BY SCHEDULING.COM INC. (“SCI”), AND THE PHYSICIAN OR PROVIDER ENTERING INTO THIS AGREEMENT AS (OR ON BEHALF OF) “PHYSICIAN” AND/OR PHYSICIAN’S OR PROVIDER’S PRACTICE. THIS AGREMENT GOVERNS PHYSICIAN’S USE OF THE SERVICE (AS DEFINED BELOW). BY ACCEPTING THIS AGREEMENT, CLICKING A BOX INDICATING ACCEPTANCE, OR BY USING THE SERVICE, PHYSICIAN ACCEPTS THIS AGREEMENT. IF AN INDIVIDUAL IS ACCEPTING THESE TERMS AND CONDITIONS ON BEHALF OF AN ENTITY (INCLUDING BUT NOT LIMITED TO A MEDICAL PRACTICE (“PRACTICE”)), SUCH INDIVIDUAL REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT. IF SUCH INDIVIDUAL DOES NOT HAVE SUCH AUTHORITY, OR IF SUCH INDIVIDUAL (OR PHYSICIAN) DOES NOT AGREE TO THIS AGREEMENT, SUCH INDIVIDUAL (OR PHYSICIAN, PROVIDER, AND/OR PRACTICE) MAY NOT USE THE SERVICE.  AS USED IN THIS AGREEMENT, THE TERMS, “PHYSICIAN”, “PROVIDER”, “PRACTICE” AND “YOU” MAY BE USED INTERCHANGEABLY.

1.Definitions.

1.1“Authorized User” means Physician’s employees and consultants who are authorized to use the Service(s) in connection with their performance of services for Physician and have been supplied user identifications and passwords by Physician (or by SCI at Physician’s request).

1.2“Confidential Information” means this Agreement, the SCI Technology, SCI pricing information, and any other information disclosed by one party (“Discloser”) to the other (“Recipient”) in connection with this Agreement.

1.3 “Service(s)” means SCI’s standard hosted service(s) provided to Physician, and as described in more detail in the user documentation available on SCI’s web site. The Services are delivered to Physician via the Internet.

1.4“SCI Technology” means SCI’s proprietary and/or licensed software and other technology provided via the Services as well as related documentation, and any enhancements, modifications, and derivative works to any of the foregoing.

1.5“Term” means the period during which SCI will provide the Services for Physician hereunder. The Term commences upon Physician’s acceptance of this Agreement and will continue until this Agreement terminates for any reason.

2.Provision of the Service.

2.1General. SCI will host, operate, and maintain the Services during the Term, on a commercially reasonable efforts basis. Physician will be responsible during the Term for: (a) the addition and deletion of Authorized Users; (b) designation of an “SCI System Manager” to act as the primary contact with SCI’s Physician support center; (c) providing and maintaining the Physician platform including all communications equipment and materials, hardware, software, and telephone service necessary for Physician- and Authorized User-side access to the Internet; and (d) notifying SCI of any changes in information on the Physician platform that may affect the Service, including any hardware or software upgrades. Physician will maintain a current list of all Authorized Users and immediately provide such list to SCI upon request.

2.2Terms Applicable to IPAS. Physician may choose to access SCI’s referral management Services commonly referred to as “Insurance Processing and Authorization Services” (“Insurance Processing and Authorization Services” or “IPAS”). As part of the IPAS Service, SCI may consult with or otherwise obtain from applicable insurance companies and other third-party vendors such patient-related pre-authorizations and related information as, but not limited to, patient eligibility for certain services, whether or not a physician is in network, and or whether a service is authorized by the insurance company. This information is obtained in a variety of manners, including through websites and telephone conversations. If Physician chooses to access such Services, the following supplementary terms and conditions (these “Supplementary Terms”) shall apply with respect to IPAS and Physician’s use thereof. These Supplementary Terms form a part of and (except to the extent expressly set forth to the contrary below), apply in addition to, the other terms and conditions set forth in the main body of the Agreement.

2.3IPAS Authorization. By entering into this Agreement and using IPAS, Physician acknowledge and agrees that certain insurance companies will allow only the referring providers to initiate and obtain pre-authorizations. Accordingly, in connection with IPAS, SCI has requested permission from Physician (and/or Physician’s medical practice (“Practice”) to initiate and obtain insurance pre-authorizations on behalf of Physician’s and/or Practice patients referred to SCI’s healthcare provider customers (each, a “Customer”). By entering into this Agreement, Physician, on behalf of Physician and/or Physician’s Practice, hereby authorizes SCI and its employees and contractors to initiate and obtain insurance pre-authorizations on behalf of Physician and/or Practice patients referred to SCI Customers, and to release the results of the insurance pre-authorizations to the applicable Physician and/or Practice, as well as to the Customers who received the referral.

2.4Limitations. Physician acknowledges and agrees that Insurance Processing and Authorization Services have certain limitations, which include the following:

a.Eligibility. SCI makes no assurances to Physician and/or Practice that the insurance pre-authorization checks will result in approvals of such pre-authorizations from insurance companies. In addition, apatient may not be eligible for a service on the actual date such patient is seen. SCI establishes eligibility as of the processing date and for no other dates unless SCI expressly indicates otherwise.
b.Time of Service, Physicians in Network. The information provided with respect to whether a physician is in network or out of network is based on information provided by the insurance company or obtained through the insurance company website. SCI makes no representations as to whether such information is current or accurate. Further, the status of a physician may change from the time the information is provided and the date the actual services are provided. The party providing the referred services should confirm status.
c.Authorizations. SCI may provide information regarding whether certain services are “authorized” by the applicable insurance company and third-party vendors. SCI may notify Physician or a third party that no authorization is required, that the services may be authorized or that the services are authorized or denied. This information is based on information provided by Physician to SCI and by or for the applicable insurance company or third-party vendor.
d.Date Limitations. Unless otherwise specified on an authorization, the authorization is applicable from the date obtained by SCI forward, and only for so long as the authorizing party dictates. This information may need to be sought through reference to the insured party’s policy documents or otherwise. In certain circumstances, services may be provided before authorization is obtained. SCI will attempt to obtain authorization for such services but cannot guarantee. Physician acknowledges and agrees that SCI may be precluded by payers from obtaining such backdated authorization and/or payers may impose certain time limitations on the period during which it may do so.
e.Proof of Authorization. Physician acknowledges that certain Payers/insurers may require that authorization must be initiated solely on behalf of the sending provider. In these cases where SCI cannot obtain an authorization on behalf of the Physician, will sometimes request the Physician ask the sending provider to sign a BAA giving SCI authorization to initiate and obtain authorization on the sending providers’ behalf.
3.Ownership.

3.1Intellectual Property Ownership. SCI owns and will retain all rights, title and interest in and to all intellectual property rights embodied in or associated with the Services, SCI Technology, and any interfaces provided therewith, as well as any and all derivative works and new versions thereof (collectively, the “Intellectual Property”, and such rights, the “Intellectual Property Rights”). Other than the limited access rights granted under this Agreement, Physician acquires no right, title or interest in such Intellectual Property or the related Intellectual Property Rights. There are no implied licenses granted under this Agreement, and SCI and its licensors reserve any and all rights not expressly granted to Physician hereunder.

3.2Patient Data. Physician agrees that in order to provide the Services, SCI will store data specifically relating to Physician’s patients (“Patient Data”). As and to the extent applicable, the additional Business Associate Terms attached as Exhibit A hereto are incorporated herein by this reference.

4.Terms of Use.

4.1Scope of Use. Subject to the terms and conditions of this Agreement, Physician may access and use the Services for Physician’s own internal business purposes.

4.2Restrictions on Use. Physician agrees to the following, on behalf of Physician, Authorized Users, and any third party under Physician’s direction:

(a)Physician may not sublicense, sell, transfer, assign, distribute, timeshare, rent or commercially exploit the Services.

(b)Physician represents and warrants that the Services will be used for lawful purposes in compliance with all applicable laws, rules and regulations, including those promulgated pursuant to HIPAA, HITECH, any Internet regulations or policies, and applicable export laws. Physician is responsible for any misuse of the Services by Authorized Users, and for any and all acts and/or omissions by Physician and/or Authorized Users in connection with this Agreement. If Physician suspects unauthorized use of its accounts, Physician will immediately notify SCI.

(c)Physician is prohibited from storing, distributing or transmitting any unlawful materials through the Services. Without limiting the foregoing, Physician agrees that it will not use the Services to transmit or disseminate material that infringes or violates any third party’s rights, including those relating to publicity or privacy; or is materially false, misleading, or inaccurate. Physician will not use or attempt to use another physician’s account, or interfere with the security of, or otherwise misuse, the Services.

(d)If SCI becomes aware of any alleged violation of this Agreement, SCI will conduct an investigation, and Physician agrees to fully cooperate in any such investigation. SCI reserves the right to immediately restrict, suspend or terminate Physician’s account for any conduct by Physician or any authorized user that SCI believes in its sole discretion violates this Agreement.

(e)Physician may not modify, reverse engineer, decompile, disassemble, or create derivative works of the SCI Technology, or allow others to do so.

(f)Physician will use reasonable efforts to protect the Services from any security event that arises from devices and infrastructure under Physician’s or any Authorized User’s control. Physician agrees that Physician will be held accountable for any damages arising from any security event that arises from within Physician’s or any Authorized User’s infrastructure and network environment that affects the Services.

(g)Physician will not, and will not direct, authorize, or permit any third party to, use the Services in any unauthorized manner.

5.Confidentiality.

5.1General. Recipient may use Discloser’s Confidential Information solely to perform Recipient’s obligations hereunder. Recipient may not knowingly disclose, or permit to be disclosed, Discloser’s Confidential Information to any third party without Discloser’s prior written consent, except that Recipient may disclose Discloser’s Confidential Information to Recipient’s employees and/or subcontractors who have a need to know and who are bound in writing to keep such information confidential pursuant to confidentiality agreements consistent with this Agreement. Recipient agrees to exercise due care in protecting Discloser’s Confidential Information from unauthorized use and disclosure, and will not use less than the degree of care a reasonable person would use. The foregoing will not apply to information that: (i) is in the public domain through no fault of Recipient; (ii) was properly known to Recipient, without restriction, prior to disclosure by Discloser; (iii) was properly disclosed to Recipient, without restriction, by a third party with the authority to do so; (iv) Recipient independently develops without use of Discloser’s Confidential Information; (v) is expressly permitted to be disclosed pursuant to the terms of this Agreement; or (iv) is required to be disclosed pursuant to a judicial or legislative order or proceeding; provided that Recipient provides to Discloser prior notice of the intended disclosure and an opportunity to respond or object thereto.

5.2Personal Data. If Directive 95/46/EC (or similar law, rule, or regulation applicable outside the EEC) applies to personal data processed by SCI hereunder, Physician represents and warrants that: (i) it has obtained all consents necessary to transfer the personal data to SCI, as a data processor, in the U.S., (ii) the transfer of personal data to the U.S. does not violate applicable law, (iii) any instructions given by Physician to SCI for the processing of personal data do not violate applicable law or Physician’s privacy policy. Physician will be responsible for all inquiries and complaints regarding personal data from Data Subjects or Supervisory Authorities (as those terms are defined by Directive 95/46/EC or applicable member state law implementing that Directive or a similar law, rule, or regulation applicable outside the EEC). SCI agrees: (i) to process any personal data transferred to or collected by SCI only as a Data Processor (as defined in the EU Data Privacy Directive) on behalf of Physician, (ii) to maintain reasonable security measures, and (iii) to comply with Physician’s reasonable instructions regarding processing of Personal Data, provided that such instructions do not impose additional obligations on SCI relative to SCI’s express obligations hereunder, including in Section 4.2 or cause SCI to be in violation of applicable law.

6.Term and Termination.

6.1Term. This Agreement will commence on the Effective Date and continue until terminated as set forth below.

6.2Termination. Either Party may terminate this Agreement in the event the other Party materially breaches this Agreement and fails to cure the breach within thirty (30) days after receipt of written notice of default. Additionally, SCI may terminate this Agreement immediately for any breach of Section 4.2 (“Restrictions on Use”). Either party shall have the right to terminate the IPAS-related authorization described in Section 2.3 at any time without cause or penalty upon thirty (30) days’ written notice to the other party.

6.3Effects of Termination. Upon termination of this Agreement: Physician and Authorized Users will no longer have access to the Services, the SCI Technology, or to Patient Data on SCI’s equipment; (b) SCI will delete all Patient Data in its possession. If SCI determines that deleting or transferring Patient Data is infeasible, SCI will: (i) notify Physician of the conditions that makes deletion or transfer infeasible; (ii) extend the protections of Section 3.2 (“Patient Data”) to such Patient Data; and (iii) limit any further uses and disclosures of such Patent Data to those purposes that make the deletion or transfer to Physician infeasible; and (c) Sections 1 (“Definitions”), 3 (“Ownership”), 4.2 (“Restrictions on Use”), 5 (“Confidentiality”), 6.3 (“Effects of Termination”), 7 (“Warranty Disclaimer”), 11 (“Limitation of Liability”), 12 (“Indemnification”), and 13 (“Miscellaneous”) will survive.

7.Warranty Disclaimer.

7.1General. NO REPRESENTATIONS AND WARRANTIES (WRITTEN OR ORAL) HAVE BEEN MADE BY SCI. THE SERVICES AND SCI TECHNOLOGY, ARE PROVIDED TO PHYSICIAN “AS IS”; AND SCI SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SCI DOES NOT AND CANNOT CONTROL THE FLOW OF PATIENT DATA TO OR FROM SCI’S EQUIPMENT AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTY PROVIDERS AND OTHER THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY THIRD PARTY PROVIDERS OR OTHER THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF) BY AUTHORIZED USERS MAY BE IMPAIRED OR DISRUPTED. SCI DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

7.2IPAS. Without limiting the generality of the warranty disclaimers set forth elsewhere in this Agreement, the following additional warranty disclaimers apply to the Insurance Purchasing and Authorization Services. If there is a conflict between the warranty disclaimers set forth in this section, and the warranty disclaimers set forth elsewhere in the Agreement, the warranty disclaimers that provide the most extensive protection to SCI and its third party suppliers and licensors will be controlling. SCI MAKES NO GUARANTEES OR REPRESENTATION AS TO WHAT A PAYOR/INSURANCE COMPANY WILL ACTUALLY PAY AND IS NOT LIABLE FOR THE ACCURACY OF ANY INFORMATION OBTAINED BY OR THROUGH A PAYOR/INSURANCE COMPANY, OR TO THE EXTENT SUCH INFORMATION IS BASED ON INFORMATION PROVIDED BY OR THROUGH CUSTOMER OR OTHER THIRD PARTIES. SCI’s ABILITY TO PROVIDE THE SERVICE IS DEPENDENT UPON ALL PARTIES INVOLVED PROVIDING ACCURATE, CURRENT, AND LEGALLY SUFFICIENT INFORMATION. SCI FURTHER MAKES NO GUARANTEES OR REPRESENTATION THAT AN ORDER AUTHORIZATION FORM WILL BE DEEMED SUFFICIENT EVIDENCE OF APPROPRIATE AUTHORIZATION AND/OR THAT PAYORS/INSURERS WILL PAY FOR SUCH SERVICES. THESE WARRANTY DISCLAIMER PROVISIONS WILL SURVIVE TERMINATION OF THIS AGREEMENT.

8.Limitation of Liability.

8.1General. IN NO EVENT WILL SCI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, OR THE COST OF PROCUREMENT OF SIMILAR GOODS OR SERVICES, INCURRED BY PHYSICIAN OR ANY AUTHORIZED USER (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES OR THE USE OR INABILITY TO USE THE SERVICES, EVEN IF SCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCI’S ENTIRE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT FOR ANY DAMAGES FROM ANY CAUSE, REGARDLESS OF FORM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) WILL NOT EXCEED ONE THOUSAND DOLLARS ($1,000), IN THE AGGREGATE.

8.2IPAS. Without limiting the generality of the limitation of liability provisions set forth elsewhere in the Agreement, the following additional limitation of liability exclusions and limits apply to the Insurance Purchasing and Authorization Services. If there is a conflict between the limitation of liability exclusions and limits set forth in this section, and the limitation of liability disclaimers set forth elsewhere in the Agreement, the liability exclusions and limits that provide the most extensive protection to SCI and its third party suppliers and licensors will be controlling. NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SCI’S LIABILITY FOR ANY REFERRAL-RELATED ERROR BY SCI (OR ITS AGENTS) UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE REFERRAL FEE PAID BY CLIENT FOR THE APPLICABLE REFERRAL THAT WAS THE SUBJECT OF SUCH ERROR. THESE LIMITATION OF LIABILITY PROVISIONS WILL SURVIVE TERMINATION OF THIS AGREEMENT.

9.Indemnification. Physician agrees to defend, indemnify, and hold SCI harmless from and against any third-party claims resulting from Physician’s or any Authorized User’s violation of any of the provisions of this Agreement or from Physician’s or any Authorized User’s transmission of any materials or contents through the Services, or from any and all use of Physician’s account, with or without Physician’s knowledge or consent, and expressly including any and all claims arising from or relating to the delivery of medical or health care services. The foregoing obligations are conditioned on SCI notifying Physician promptly in writing of such action, giving Physician sole control of the defense thereof and any related settlement negotiations, and cooperating and, at Physician’s request and expense, assisting in such defense. SCI may engage SCI’s own counsel to participate in the defense of such third party claim.

10.Miscellaneous.

10.1Independent Contractor. The Parties are independent contractors and nothing contained in this Agreement will be construed or implied to create the relationship of partner or of employer and employees between the parties. At no time will either party make commitments for or in the name of the other party.

10.2Governing Law and Venue. This Agreement will be governed by and construed under California law. UCITA and the United Nations Convention of Contracts for the International Sale of Goods do not apply.

10.3Severability. If a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties; the remainder of this Agreement will continue in full force and effect.

10.4Assignment. Physician may not transfer, sublicense, or otherwise assign this Agreement or any of its rights or obligations hereunder without SCI’s prior written consent and any attempted assignment by Physician without such consent will be null and void. This Agreement will be binding upon and inure to the benefit of the parties and their permitted successors and assigns. Except as otherwise set forth above, this Agreement does not and shall not be deemed to create rights for the benefit of any third party.

10.5Notices. Communications and notices required or permitted under this Agreement will be deemed delivered when delivered via overnight courier or certified mail, or by confirmed email. Any party may change its address for notice by giving notice in the manner prescribed above.

10.6Force Majeure. SCI disclaims any and all liability resulting from or related to events beyond SCI’s reasonable control.

10.7Modification and Waiver. This Agreement can only be amended by specific written amendment signed by both parties. All waivers must be in writing and signed by the waiving party. Any failure by either party to require strict performance by the other of any provision of this Agreement will not constitute a waiver of such provision or thereafter affect the party’s full rights to require strict performance.

10.8Construction. As used herein, “including” means “including but not limited to.”

10.9Entire Agreement. This Agreement, including Exhibit A, constitutes the entire agreement between the parties with respect to use and provision of the Services, the SCI Technology, and the related services, and supersedes and replaces any and all prior or contemporaneous understandings, communications, or agreements, written or oral, regarding such subject matter.

Exhibit A – Business Associate Terms and Conditions



1. Overview. These business associate terms and conditions (“Terms and Conditions”) set forth the agreement between SCI (“we”, “our” or “us”) and Physician and/or Practice (“you”), concerning our use and disclosure of protected health information (“PHI”) that we may receive from you or our healthcare provider clients in the course of providing services (the “Services”) to our customers, to comply with the federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH”), and their respective implementing regulations, including the Privacy Standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E (the “Privacy Rule”), the Security Standards adopted by the U.S. Department of Health and Human Services (“HHS”) as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C (the “Security Rule”), the Breach Notification Standards adopted by the U.S. Department of Health and Human Services, as they may be amended from time to time, at 45 C.F.R. part 164, subpart D (the “Breach Notification Rule”), as well as related state laws and/or regulations (collectively, the “HIPAA Rules”). Undefined terms used in these Terms and Conditions have the meanings given them in the HIPAA Rules.

2. Use and Disclosure of PHI

A.We may use or disclose PHI to perform functions or activities on behalf of customers, provided that such use or disclosure of PHI would not violate HIPAA Rules. We agree to comply with the provisions of the HIPAA Rules that are applicable to us.

B.We will implement and use appropriate safeguards, including, but not limited to, administrative, physical, and technical safeguards under HIPAA’s Security Rule with respect to electronic PHI, that are designed to prevent use or disclosure of PHI other than as provided for by these Terms and Conditions.

C.We will immediately report to you any use or disclosure of PHI not permitted under these Terms and Conditions of which we become aware, including breaches of unsecured PHI as required by §164.410 of HIPAA, and any security incident involving the information of which we become aware.

D.In accordance with §§164.502(e)(1)(ii) and 164.308(b)(2) of HIPAA, as applicable, we will ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of the business associate agree to no less than the same restrictions, conditions, and requirements that apply to us with respect to such information; and we obtain satisfactory assurances that such subcontractors will appropriately safeguard the information.

E.We will make reasonable efforts to limit use and disclosure of PHI to the minimum necessary to accomplish the intended purposes.

F.We will make available PHI in accordance with §164.524 of HIPAA.

G.We will make available PHI for amendment and incorporate any amendments to PHI in accordance with §164.526 of HIPAA.

H.We will maintain and make available the information required to provide an accounting of disclosures in accordance with §164.528 of HIPAA.

I.To the extent that we are to carry out any obligations covered under HIPAA’s “Privacy Rule” (the “Privacy Rule”), we will comply with the requirements of the Privacy Rule that apply to you or our clients in the performance of such obligations.

J.Notwithstanding anything to the contrary, Physician, as the Covered Entity (pursuant to HIPAA and HITECH) acknowledges that SCI may collect, aggregate and use data derived from PHI, collected by or disclosed to SCI in connection with provision of the Services, for the purposes of compiling and using research, statistical analyses, models, benchmark reports and other analyses derived from the de-identified data, and for other legally permissible purposes, provided that such de-identification conforms to the requirements set forth in 45 C.F.R. § 164.514(a)-(b).

K.As between the parties, Physician, not SCI, owns Patient Data. Without limiting the generality of this section, Physician, not SCI, will have sole responsibility for the accuracy, quality, integrity, legality, and intellectual property ownership or right to use all Patient Data, and SCI will not be responsible or liable for the deletion, correction, destruction, damage, or loss of Patient Data not caused by SCI.

3. Amendments for Regulatory Changes. Both parties agree that these Terms and Conditions are intended to assist each party in complying with the Privacy Rule, Security Rule, and the rule relating to breach notification under HIPAA. In the event that any amendment(s) to those regulations alter the requirements that apply to either party, we both agree to amend these Terms and Conditions to permit the parties to continue in compliance with any such amended requirement.
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Scheduling.com (SCI Solutions) Services Agreement - For Physician

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