Terms and Conditions of Use

Effective: June 27, 2018

Reside Admissions LLC (“Reside Admissions”) owns and operates the Reside Admissions web-site application, and all underlying software, as such site exists now or in the future (the “Website”). The Website is a cloud-based Software-as-a-Service (SaaS) platform designed to help long-term, post-acute care facilities collect information from prospective residents and patients in connection with their admission to a facility.

By agreeing to the following terms and conditions, I acknowledge and agree that I am providing my personal health information to Reside Admissions via Website called Reside Admissions Solution (the “Solution” or the “Service”). These terms and conditions govern your access to and use of the Website. Additional terms and conditions of this facility may also apply to your admission to this facility (the “Facility Policies”). You acknowledge and agree that your rights and responsibilities will also be governed by such Facility Policies as provided therein. In the event there is a conflict between these Terms and the Facility Policies, the terms of the Facility Policies will govern.

I hereby expressly authorize Reside Admissions to disclose my identifying health information to my designated Reside Admissions Solution account with the care facility managed by [FacilityCo] to which I am seeking admission for the purposes described herein. My continued use of this Service indicates my agreement to abide by these terms and conditions.

I understand that Solution should never be used for urgent matters. If I am experiencing a life-threatening illness or injury, I will go to the nearest hospital emergency department and/or dial 9-1-1 for immediate attention.

I understand that all health-related information provided by this Reside Admissions Solution, other than my personal health information, is intended to be for general use and should not be used as a substitute for a personal visit to a health care professional. Since the information I obtain from the Website may be appropriate for general use but inappropriate for my own situation and could be misinterpreted, Reside Admissions shall not be responsible for how I use the information obtained. I am responsible for all information that I submit to or through Reside Admissions Solution.

I understand that Reside Admissions may send messages to me via the Solution. By entering my email address or cellphone number, I authorize Reside Admissions to contact via messages sent to my personal email address or my cellphone number via text message. I will keep my email address and cellphone number updated. I understand that if I elect to receive messages through Reside Admission Solutions it means that I will not necessarily receive notifications by letter or telephone. These messages may contain information important to my health and medical care; therefore it is my responsibility to monitor these messages. Reside Solutions, its employees, and health professionals under contract to Reside Admissions shall not be liable for any loss, injury, or claims of any kinds resulting from Reside Admissions Solution messages I fail to read in a timely manner.

I agree that all communication through Reside Admissions Solution will be in regard to my own health condition or to the health condition of an individual whose information I have obtained proxy access for and that the contents of any message may be stored in my or the individual’s permanent medical record. I understand that asking for advice or service on behalf of another person (other than an individual for which I have obtained proxy access) could be potentially harmful and is a violation of the Reside Admissions Solution terms of use. Reside Admissions does not assume responsibility for and disclaims any and all liability in connection with health information or services on this Website for anyone other than Reside Admissions Solution enrollees. I will not use or exploit any portion of Reside Admissions Solution to provide any commercial services to third parties.

After I have been provided with a one-time-use access code, I will access Reside Admissions Solution and through prompts create my unique user identification (UID) code and password. I understand my UID and password are unique codes that identify me in the Reside Admissions Solution and allow me to access the Solution and enter my personal medical information. Inquiries and entries I make via Reside Admissions Solution will be logged with my identity. If my access code is expired or doesn’t work, I can request a new one at any time through our online enrollment process and have it sent to me via email, text message or letter.

I understand that it is extremely important that I keep my UID and password completely confidential. If at any time I believe the confidentiality of my password has been compromised, I will change it by going to the Password link on the Website. I understand that Reside Admissions accepts no responsibility for and disclaims any and all liability or consequential damages arising from a breach of medical record confidentiality resulting from my sharing or losing my password. If Reside Admissions discovers that I have inappropriately shared my password with another person, or that I have misused or abused Reside Admissions Solution access privileges in any way, Reside Admissions may discontinue my participation in Reside Admissions Solution without prior notice.

I understand that the information I provide through the Reside Admissions Solution information will be provided to the [FacilityCo] care facility to which I am seeking admission. In the event I desire a complete record of medical information I provided to Reside Admissions, I acknowledge I must request a full copy of the medical record from [FacilityCo]. Reside Admissions reserves the right to revoke my access to the Reside Admissions Solution at any time for any reason.

Information Security

User names and passwords provide two layers of authentication and are stored in a secured database that is isolated from the Internet. As a Reside Admissions Solution user, my role in maintaining the security of my medical information is: 1) changing my password on a regular basis, and 2) keeping my UID and password confidential. I agree to notify Reside Admissions immediately in the event that (i) my password is lost or stolen, or (ii) I become aware of any unauthorized use of my password or of any other breach of security that might affect Reside Admissions Solution. Reside Admissions is not responsible for any loss or damage arising from my failure to comply with this provision.

All communications between me and Reside Admissions via the Reside Admissions Solution are secure. Reside Admissions will only use the Reside Admissions Solution for computer-based electronic medical communication. While I may receive Internet email messages notifying me of new messages in my Reside Admissions Solution inbox, these emails will not contain any confidential medical information.

The information you view in Reside Admissions Solution is protected by using Secure Socket Layer technology. You can tell that you are viewing a secure website by verifying the address starts with “https://” rather than “http://”. Whenever you see “https://”, unauthorized individuals cannot read my data. HTTPS (Hypertext Transfer Protocol over Secure Socket Layer or HTTP over SSL) is a web protocol that encrypts and decrypts user page requests as well as the pages that are returned by the web server.

Web Site Links

I understand that Reside Admissions Website may contain links to related medical platforms or other third party service providers not owned or managed by Reside Admissions. These link(s) are for my informational purposes only. Reside Admissions does not endorse and has not verified the accuracy of the information in/on such sites, and I should not rely on any of the information found on the sites for purposes of treatment or diagnosis. In addition, the privacy practices of Reside Admissions may differ from those of these other websites. If you provide personal information at one of those websites, you are subject to the privacy policy of the operator of that website, not the Reside Admission privacy policy. Make sure you understand any website’s privacy policies before providing them your personal information

Disclaimer

Reside Admissions Solution may not be available to users all the time due to system failures, back-up procedures, maintenance, or other causes beyond the control of Reside Admissions. Access is provided on an as-is, as-available basis, and Reside Admissions does not guarantee users will be able to access Reside Admissions Solution at any particular time. Reside Admissions Solution is not designed to make diagnoses or to help users make diagnoses. Only a licensed physician can properly diagnose and treat my illness or injury. Reside Admissions Solution is not intended to compile a complete medical record, and you should provide information regarding any additional personal medical conditions not addressed through the Reside Admission Solution directly to the [FacilityCo] facility to which you are seeking admission.

If you want a complete copy of the personal health information you provided to the Reside Admission Solution, please contact [FacilityCo] at info@info@ResideAdmissions.com.

We are not responsible for any particular terms, including, without limitation, pricing or services related to the facility to which you are seeking admission that may be provided on the Website. Despite our best efforts, errors may appear. We disclaim any liability that the actual price or service of the facility varies from that shown on the Website. Your only recourse for such mispricing shall be against the facility, not Reside or its affiliates, or their owners or employees.

Changes

Reside Admissions reserves the right to add to or change the Reside Admissions Solution or to cease offering the Reside Admissions Solution at any time without notice to me. Reside Admissions shall not be liable to me or to any third party for any modification, suspension or discontinuance of Reside Admissions Solution. Reside Admissions reserves the right to refuse to offer the Reside Admissions Solution to anyone at any time without notice.

Reside Admissions may, in its sole discretion, modify or revise these terms and conditions at any time by posting the changes on the Website. The Effective Date above indicates when these Terms were last changed. Any changes are effective immediately upon posting to the Website. Continued use of the Website following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms.

Submissions

We welcome inquiries or feedback on the Website or the Service. Any feedback, suggestions, ideas, comments or other information you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. You hereby grant to us and our service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, adapt, distribute, create derivative works from, compile, arrange, display, and otherwise disclose to third parties any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. While such Submissions will be treated as non-proprietary and non-confidential, we will not use your name unless we are required by law to identify the source of the Submission, or unless we first obtain your permission.

Warranty

RESIDE ADMISSIONS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. RESIDE ADMISSIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RESIDE ADMISSIONS SHALL NOT BE RESPONSIBLE FOR SERVICE RESULTS THAT ARE BASED ON CUSTOMER CONTENT OR CUSTOMER DATA.

Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, RESIDE ADMISSIONS, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE LESSER OF (i) $100 OR (ii) THE AMOUNT OF FEES PAID BY YOU TO RESIDE ADMISSIONS FOR THE SERVICE UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the State of Illinois without regard to its conflict of laws provisions. For any claims, demands, lawsuits, or other proceedings that arise from this Agreement or your use of the Service, you consent to the jurisdiction and venue of the state and federal courts located in Cook County, Illinois, and agree to accept service by mail or email. Regardless of any statute or law to the contrary, any dispute involving Reside Admissions or your use of the Website must be filed within one (1) year after the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any dispute based upon such event or facts forever.

Electronic Signature and Disclosure Consent Notice

You agree to the use of electronic documents and records in connection with your acceptance of these terms and execution of all future documents and records in connection with the use of the Website — including without limitation this electronic signature and disclosure notice—and that this use satisfies any requirement that we provide you these documents and their content in writing. To receive or access electronic documents and records, you must have the following equipment and software: (a) a device that is capable of accessing the Internet; (b) an Internet browser that supports 128-bit SSL encryption, such as Microsoft Internet Explorer 8 and higher, Firefox 20 and higher, Chrome 25 and higher; and (c) software that permits you to receive and access “PDF” files, such as Adobe Acrobat Reader 8.0 or higher, Microsoft Office, and email. To retain documents and records, your device must have the ability to download and store PDF files. Your access to this page verifies that your system and device meets the above receipt, access, and retention requirements. Your clicking on the “Accept” button indicates your signature and your acceptance of this notice and the terms and conditions of the Agreement.

If I agree to the foregoing Terms and Conditions, I will indicate my agreement by clicking the box labeled “Accept.” If I do not agree to the Terms and Conditions I will click “Decline” and I may not use Reside Admissions Solution.

You may contact us as follows: info@ResideAdmissions.com

Privacy

I understand my privacy is of utmost importance to Reside Admissions and I may review its Notice of Privacy Practices for a thorough description of how my personal health information is collected, utilized, and protected. You can access our Privacy Policy at Privacy Policy page. [Certain aspects of my personal health information will also be governed by the privacy practices of this facility. For more information on those privacy practices, please visit www.ResideAdmissions.com/privacy-policy/

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