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COVID-19 Compass: Terms & Conditions

ACCEPTANCE OF TERMS

The Software that Inovalon, Inc. provides is subject to the following Terms of Use (“TOU”). The terms herein govern your use of the Population Health Insights: COVID-19 Compass™ (the “Software”) developed by Inovalon, Inc. References to “you” and “your” refer to you the individual and/or the entity you represent. References to “we”, “us” and “our” refer to Inovalon. PLEASE CAREFULLY REVIEW THE ENTIRE TERMS OF USE BEFORE USING THE SOFTWARE. This Software is made available to you through Inovalon’s website (the “Site”). By entering the Site or by using the Software, you represent and warrant that you have read, understand and are bound by these Terms of Use.

DESCRIPTION OF SOFTWARE

The Software is an interactive Software developed by, and the property of Inovalon, which provides insight into COVID-19 prevalence rate per thousand individuals, disease severity index at the county level, and social-determinants of health information at a county level.

“Inovalon”, “Population Health Insights: COVID-19 Compass”, “MORE2”, and the Inovalon logo are marks of Inovalon, Inc.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Software is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or products obtained or derived from the Software.

NOTICE SPECIFIC TO THE SOFTWARE ON THIS SITE

This Software contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, photographs, images, logos, and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Software 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 TOU nor your use of this Software transfers any right, title or interest in the Software or the Content to you, and Inovalon and its affiliated entities retain all respective rights, title and interest to the Software and Content.

This Software is available worldwide to anyone with Internet access. However, the Software 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 Site or Software does not imply that such product or service is or will be available in your location. The content of this Software is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

RESTRICTED RIGHTS LEGEND. Any Software which is downloaded for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Inovalon, LLC.

NO UNLAWFUL OR PROHIBITED USE

Third party scripts or code, linked to or referenced from this Site, are not permitted. The Software is made available for solely for use by you.

As a condition of your use of the Software, you will not use the Software for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Software in any manner that could damage, disable, overburden, or impair the server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of the Software. You may not attempt to gain unauthorized access to the Software, other accounts, computer systems or networks connected to any Inovalon server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Software.

LINKS TO THIRD-PARTY SITES

SOME LINKS IN THIS SOFTWARE WILL PERMIT YOU TO LEAVE INOVALON’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF INOVALON AND INOVALON IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. INOVALON IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. INOVALON IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY INOVALON OF SUCH THIRD PARTY SITE.

THIRD PARTY DATA TERMS OF USE

Inovalon will, amongst others, use data and/or models compiled and/or prepared by third parties (“Third Party Data”) in the delivery of the Software. Third Party Data is not owned by Inovalon and you may be required to obtain permission directly from third parties for use of Third-Party Data and may be required to pay a fee.

You acknowledge Third Party Data in the information contained herein is and shall remain valuable intellectual property owned by, or licensed to, respective owners, and that no proprietary rights are being transferred to you Licensee in such materials or in any of the information contained therein. You agree that misappropriation or misuse of such materials will cause serious damage to third parties, and that in such event money damages may not constitute sufficient compensation; consequently, you agree that in the event of any misappropriation or misuse, third parties, shall have the right to obtain injunctive relief in addition to any other legal or financial remedies.

You shall not use or permit anyone to use the Third-Party Data for any unlawful or unauthorized purpose. The Third-Party Data are being provided for your internal use only and you are not authorized or permitted to distribute or otherwise furnish such information or software to any third-party without prior written approval of Inovalon and that specific third party.

USE OF SOFTWARE

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

  1. the Content is used solely for personal, informational, or internal business purposes;
  2. the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
  3. all copyright, trademark and other proprietary rights notices included in the Content as presented on the Software appear on all copies;
  4. the Content is not modified or altered in any way;
  5. no graphics are used separately from accompanying text;
  6. the Content is not intentionally used to inform decisions regarding employment, contracting, or referral eligibility of providers within a participating organization; and
  7. the Content is not considered an endorsement or criticism of a health care provider’s overall performance.

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

  1. you do not frame the Sites or any portion of the Sites;
  2. you do not deep link into the Sites (i.e., you do not link into any page other than the Site home page);
  3. the hyperlinks to the Site are not used in a way that suggests that Inovalon endorses you or your website;
  4. 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
  5. 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 Site and Software, you agree that you will not:

  1. delete, modify, hack or attempt to change or alter any of the Content on the Software or Site;
  2. use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Software, Sites, servers or networks connected to the Sites, or take any other action that interferes with other parties’ use of the Sites;
  3. use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Software or Sites for purposes other than for a generally available search engine;
  4. use any Inovalon names or marks without our prior written consent, including as metatags, search engine keywords, or hidden text;
  5. use any material or information, including images or photographs, which are made available through the Software in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party; or
  6. 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 reserves the right to update the TOU at any time and without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the Site.

Please review these terms periodically for any updates or changes. Any new features that augment or enhance the Software, including the release of new tools and resources, shall be subject to these TOU. Your continued use of our Software 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 or Software.

NO MEDICAL ADVICE

The Sites and the Software are designed for informational 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 circumstances. Inovalon encourages you to consult your healthcare provider with any questions or concerns you may have regarding your condition.

THE CONTENT ON THE SITE AND SOFTWARE ARE 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 SOFTWAREIS 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 THE SITE OR SOFTWARE. IN AN EMERGENCY CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

DISCLAIMER

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE, SITE, AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SOFTWARE PROVIDED ON THE 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 SOFTWARE OR SITES 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 SOFTWARE OR ANY SOFTWARE OFFERED THROUGH THE SITES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SOFTWARE, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SOFTWARE 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, THE SOFTWARE OR ANY SOFTWARE PROVIDED IN CONNECTION WITH THE SOFTWARE, EVEN IF INOVALON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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 the Software, your use of the Content, your violation of these TOU 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 the Software, 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.

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 Software 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 the Inovalon.com 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 the Site or Software, 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:

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

Update effective May 13, 2020.


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