TERMS OF USE

Inovalon, Inc. ("Inovalon") welcomes you. The following Terms of Use govern your use of the Web sites owned and operated by Inovalon. References to "you" and "your" refer to any individual or an entity.

PLEASE CAREFULLY REVIEW THE ENTIRE TERMS OF USE BEFORE USING THIS WEB SITE. By using this Web site, you agree to these Terms of Use. If you do not agree, please exit and disregard the information contained herein. 

Site Content

All contents (other than user content) are copyright Inovalon, Inc., all rights reserved. “Inovalon”, “CARA”, “CAAS”, “ChaseWise”, “CareSync Advantage”, “Complete Quality Management”, “CQM”, “EMR Acceleration”, “ePASS”, “HEDIS Advantage”, “iDCT”, “iPORT”, “Insights”, “MORE2 Registry”, “PCIS”, “Prospective Advantage”, “QSFD”, “QSCL”, “QSI”, “Quality Spectrum Hybrid Reporter”, “Star Advantage”, “INDICES”, “CEDI”, “SRSA”, and all other trade, service, and other marks of Inovalon, including the Inovalon logo, are marks of Inovalon, Inc. This Web site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, photographs, images, logos, video and graphics (the "Content"), and the entire selection, coordination, arrangement and "look and feel" of the site and the Content are copyrighted as a collective work under United States copyright laws (collectively, "Intellectual Property Rights"). You are only permitted to use Content as expressly authorized herein or in writing by Inovalon. Neither these terms nor your use of this site transfers any right, title or interest in the site or the Content to you, and Inovalon and its third party licensors retain all of its and their respective rights, title and interest to the site and Content.

Except as provided in these terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from Inovalon’s Web sites, in whole or in part, without the express written permission of Inovalon.

This site is available worldwide to anyone with Internet access. However, our sites may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. Further, a reference to a product or service on our sites does not imply that such product or service is or will be available in your location. The content of Inovalon’s Web sites is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.

Certain product, service, or company designations for companies other than Inovalon may be mentioned in the site for identification purposes only. Third party trademarks, trade names, logos, product or services names contained on this site are the trademarks, registered or unregistered, of their respective owners. HEDIS is a registered trademark of NCQA.

Nothing contained in these terms will be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, under any of our Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

Permissible Use of the Content

Except as indicated to the contrary elsewhere on this site, you may view, copy, retransmit and print the Content available on this Site subject to the following conditions:

(a) the Content is used solely for personal, informational, or internal business purposes;

(b) the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;

(c) all copyright, trademark and other proprietary rights notices included in the Content as presented on this site appear on all copies;

(d) the Content is not modified or altered in any way; and

(e) no graphics are used separately from accompanying text.

You may also link or hyperlink to the home page of our Web site from any Acceptable Site (as defined below), but only if:

(a) you do not frame the site or any portion of the site;

(b) you do not deep link into the site (i.e., you do not link into any page other than the Inovalon home page);

(c) the hyperlink to the site is not used in a way that suggests that Inovalon endorses you or your Web site;

(d) the link to the site is not used or presented in any way that disparages Inovalon or tarnishes, blurs or dilutes the quality of Inovalon's names or trademarks or any associated goodwill; and

(e) the link to the site is not displayed on any Web page that displays objectionable content or links, including but not limited to, any content or information that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party’s intellectual property or proprietary rights; or (iv) violates or encourages others to violate any applicable law.

User Conduct

In using Inovalon Web sites, you agree that you will not:

(a) delete, modify, hack or attempt to change or alter any of the Content on the site;

(b) use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the site or servers or networks connected to the site, or take any other action that interferes with other parties’ use of the site;

(c) use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the site for purposes other than for a generally available search engine;

(d) use any Inovalon names or marks without our prior written consent, including as metatags, search engine keywords, or hidden text;

(e) use any material or information, including images or photographs, which are made available through this site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party; or

(f) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

Modifications to Terms

Inovalon may change these terms from time to time. Please review these terms periodically for any updates or changes. Your continued use of our sites following the posting of any updates or changes to these terms constitutes your acceptance of such changes. If you object to any provision of these terms or any subsequent modifications to these terms, your only recourse is to immediately terminate use of the site.

No Medical Advice

The site is designed for educational purposes only. Inovalon does not provide medical diagnoses or recommendations about medical treatment, and does not recommend or endorse any products or information that may be contained in the Content for your particular circumstances. Inovalon encourages you to consult your healthcare provider with any questions or concerns you may have regarding your condition. THE CONTENT ON THIS SITE IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. IN AN EMERGENCY CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN "AS IS, WHERE IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. INOVALON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INOVALON MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

Limitation of Liability

IN NO EVENT WILL INOVALON BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF INOVALON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify, defend and hold Inovalon, its affiliates, stockholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to this site, your use of the Content, including any use by your employees, your violation of these terms or your violation of any rights of another.

Limitation on Actions Brought Against Inovalon

You agree that any claim or cause of action arising out of your use of this site or these terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Inovalon to enforce or exercise any provision of these terms or related right shall not constitute a waiver of that right or provision.

Dispute Resolution

You agree that any dispute arising out of or relating in any way to your use of this site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, Inovalon may seek injunctive or other appropriate relief. The arbitration shall be conducted before a neutral arbitrator in Annapolis, Maryland, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party will bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these terms, the arbitrator will be authorized to award either party any provisional or equitable remedy permitted by applicable law.

BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrator may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Maryland or to any Federal Court located within the State of Maryland for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrator, or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this provision be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Annapolis, Maryland, U.S.A.

Acknowledgement

You acknowledge that you have read and understood these terms; and that the terms have the same force and effect as a signed agreement.

General

In the event that any provision of these terms is found invalid or unenforceable, it will be enforced to the extent permissible and the remainder of these terms will remain in full force and effect. Inovalon's failure to act with respect to a breach by any visitor using the site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These terms will be governed by and construed in accordance with the laws of the State of Maryland without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. These terms and the Privacy Policy in general as posted from time to time by Inovalon on this site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

Contact Information

If you have any questions about these terms, the practices of Inovalon, or your dealings with this site, please contact us through the address below. You may also contact us to update your personal information by notifying us when you change your name or email address. Address:

Inovalon, Inc. 
4321 Collington Road Bowie, Maryland 20716
U.S.A.
301-809-4000
info@inovalon.com

Update effective July 7, 2011. ​