Terms of Use

The following terms and conditions (“Terms of Use”) govern your use of this website (the “Site”), and by accessing, viewing, or using the information, tools and other content on the Site, you indicate that you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract (“Agreement”), and equally binding, and that you accept such Terms of Use and agree to be legally bound by them. eLuminate may amend this Agreement at any time by posting the amended terms on this Site, and your continued access to the Site constitutes your acceptance of any changes or revisions to the Agreement. If you do not agree with the Terms of Use, you are not granted permission to use the Site and should exit immediately.

1. Term and Access

This Agreement takes effect on the date you first access or use this Site. eLuminate reserves the right at any time in its sole discretion to terminate your access to the Site, with or without notice. Upon such termination for any reason, you will cease access to the Site and all of your rights herein will cease. Rights and obligations under this Agreement which by their nature are intended to survive the termination of your authorization to use the Site will remain in full effect after such termination, including without limitation those of Sections 1, 2, 9, 12, 15 and 18.

2. Proprietary rights

All material contained in this Site is protected by law, including but not limited to, United States copyright law. Except as indicated, eLuminate Health, LLC (“eLuminate”) is the owner of the copyright in the entire content (including images, text and look and feel attributes) of www.eluminatehealth.com and reserves all rights in that regard. Removing or altering the copyright notice on any material on the Site is prohibited. eLuminate also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of Site content. Any commercial use of Site content is prohibited without the prior written consent of eLuminate. Except as indicated, eLuminate owns all trademarks, service marks or other logos featured on the Site. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law. Please be advised that eLuminate actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

3. Communications with our website

eLuminate welcomes your feedback and suggestions about how to improve our products and services and this Site. By transmitting any suggestions, information, material, or other content (collectively, “Content”) to eLuminate, you automatically grant eLuminate the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, eLuminate is permitted to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatever, including but not limited to creating and marketing products and/or services using such information. eLuminate is not responsible and shall not be liable for the contents of Content posted to the Site by visitors or persons other than eLuminate employees. Opinions or comments contained in Content reflect the views of the author and not of eLuminate unless eLuminate expressly states to the contrary.

4. No solicitation or offer

This Site is designed to provide general information about eLuminate, its products and services. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service. Some products and/or services may not be available in all states or countries.

5. No medical services or advice

Nothing contained, expressed or implied in the Site is intended as nor shall be construed as medical advice. No doctor-patient relationship is established between eLuminate and you by reason of your use of this Site or under any circumstances whatsoever. The information provided through this Site is not intended to be the only or primary means for your evaluation of the quality of hospitals and are not intended to be a substitute for professional medical advice, diagnosis or treatment, nor are they intended to be relied upon as advice or a recommendation, or an endorsement about which healthcare providers to use. You should never disregard, avoid or delay in obtaining medical advice from your doctor or other healthcare professional because of any content provided on this Site. Individual inquiries about medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals.

6. No legal advice

Nothing contained, expressed, or implied in this Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between eLuminate and you by reason of your use of this Site or under any circumstances whatever. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced in this Site, you should contact your own legal counsel.

7. Confidentiality cannot be guaranteed

Please be advised that the confidentiality of any communication or material transmitted to eLuminate via www.eluminatehealth.com or Internet electronic mail cannot be guaranteed, including personal information such as your address or social security number. To ensure private and personalized attention, you may also contact eLuminate by telephone at (913) 491-6984, or write us at eLuminate Health, 11111 Nall Ave. Suite 220, Leawood, KS 66211.

8. Internet privacy statement [See also Protected Health Information – Privacy & Security Policies on this website]

This Privacy Statement discloses the information gathering and dissemination practices of eLuminate in connection with www.eluminatehealth.com and all other websites owned and operated by eLuminate. eLuminate can be contacted by mail at 11111 Nall Ave. Suite 220, Leawood, KS 66211, attention Privacy Officer, by phone at (913) 491-6984, or by e-mail at privacy@eluminatehealth.com.

  1. Collection of personal information from Site visitors
    eLuminate may collect and/or track (1) the home server domain names, e-mail addresses, type of client computer, files downloaded, search engine used, operating system, and type of Web browser of visitors to eLuminate’s website, (2) the e-mail addresses of visitors that communicate with eLuminate via e-mail, (3) information knowingly provided by the visitor in online forms, registration forms, surveys, e-mail, contest entries, and other online avenues (including demographic and personal profile data), and (4) aggregate and user-specific information on which pages visitors access. eLuminate may place Internet “cookies” on visitors’ hard drives. Internet cookies save data about individual visitors, such as the visitor’s name, password, user-name, shopping cart, screen preferences, and the pages of a site viewed by the visitor. When the visitor revisits eLuminate’s website, eLuminate may recognize the visitor by the Internet cookie and customize the visitor’s experience accordingly. Our cookies do not track your activity on any third party websites that you link to from this Site to send “spam” to you. The cookie does not provide us with any personally identifiable information about you. Visitors may decline Internet cookies, if any, by using the appropriate feature of their Web client software, if available. When a visitor performs a search within eLuminate’s website, eLuminate may record information identifying the visitor or linking the visitor to the search performed. eLuminate may also record limited information for every search request and uses that information only to solve technical problems with the service and to calculate overall usage statistics.
  2. Use of personal data collected; disclosure of personal data to third parties
    Personal data collected by eLuminate may be used by eLuminate for a number of reasons, for example, for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of users’ behavior, for product development, for content improvement, or to customize the content and layout of eLuminate’s Site. Aggregate data on visitors’ home servers may be used for internal purposes or provided to third parties such as marketing firms, as permitted by law. Individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to eLuminate may be (i) added to eLuminate’s databases and used for future calls and mailings regarding Site updates, new products and services, and upcoming events, or (ii) provided to reputable third parties who provide products and services which eLuminate believes that visitors may be interested in purchasing or obtaining.
  3. Security measures
    eLuminate has implemented numerous security features to prevent the unauthorized release of or access to non-public personal information. Among the safeguards that eLuminate has developed for this Site are administrative, physical and technical barriers that together form a protective firewall around the information stored at this Site. We periodically subject our Site to simulated intrusion tests and have developed a disaster recovery plan. Please be advised, however, that the confidentiality of any communication or material transmitted to/from eLuminate via this Site or e-mail cannot be guaranteed. Accordingly, eLuminate is not responsible for the security of information transmitted via the Internet. For more private communication, visitors can contact eLuminate by telephone at (913) 491-6984.
  4. Access to and ability to correct personal data
    Upon request via postal mail, e-mail, or phone, eLuminate will provide to visitors a summary of any personally identifiable information retained by eLuminate regarding the visitor. Visitors may modify, correct, change or update personally identifiable information that eLuminate has collected via this website or may cause their personal record to be removed from eLuminate’s database by contacting eLuminate via postal mail, e-mail, or telephone at the addresses above.
  5. Collection of personal data from children
    To the extent that eLuminate is able to determine the age of users by their submissions to or communications with eLuminate’s website, eLuminate will not knowingly (a) collect or post information from individuals under the age of sixteen (“child” or “children”) without their parent’s or guardian’s consent, or (b) provide any personally identifying information collected from children, regardless of its source, to any third party for any purpose whatever. If registration is required for any services on the eLuminate Site, and a user submits information to eLuminate’s website through such a registration process that indicates that such user is a child, the child’s parent or guardian will be alerted to the child’s registration and will be provided instructions on how the parent or guardian can delete the child’s registration, if so desired. No information collected through eLuminate’s website from users self-identified as children will knowingly be used for any direct marketing or promotional purposes. If there are no age restrictions on a contest which requires registration, and if a child wins, notification and prizes will be sent to the parent(s) or guardian(s) identified in the initial registration process.
  6. eLuminate’s right to contact user
    eLuminate reserves the right to contact Site visitors regarding account status and changes to the user agreement, privacy statement, or any other policies or agreements relevant to Site visitors.
  7. eLuminate’s right to change privacy statement
    eLuminate reserves the right to change this Privacy Statement at any time by notifying visitors of the existence and location of the new or revised privacy statement. Any change to this Privacy Statement shall be effective as to any visitor that has accepted the eLuminate website Terms of Use before the change was made.

9. Securities information

This Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. The Site contains information and press releases about eLuminate, and although this information was believed to be accurate as of the date prepared, eLuminate disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a “forward looking statement” as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the “safe harbor” for forward looking information and is subject to material risk factors which may or may not be disclosed herein.

10. Disclaimer of warranty and liability

Use of this Site is at your own risk. Neither eLuminate nor its affiliates are responsible for the consequences of reliance on any information contained in or submitted to the Site, including the quality of the medical treatment that you receive from any healthcare provider. You are solely responsible for any and all decisions or actions with respect to your medical treatment. The services provided on this Site are provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. eLuminate shall not be liable for any direct, special, indirect, incidental, consequential, or punitive damages, including without limitation, lost revenues or lost profits, which may results from the use of, access to, or inability to use these materials. Under no circumstances will the total liability of eLuminate to you exceed the price paid for use of the Site.

11. Corrections and changes

While we endeavor to keep the materials on the Site up to date, eLuminate cannot assume responsibility for any errors or omissions in these materials. eLuminate further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. eLuminate may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. eLuminate reserves the right to terminate your access to the Site in the event that you violate these Terms of Use, or for any reason whatever.

12. Indemnification

You agree to defend, indemnify, and hold harmless eLuminate, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms of Use.

13. Links to other websites

This Site may, from time to time, contain links to other Internet websites for the convenience of users in locating information and services that may be of interest. Visitors to the Site acknowledge that these third-party sites are maintained by persons or organizations over which eLuminate exercises no control, and eLuminate expressly disclaims any responsibility for the content, the accuracy of the information, privacy practices and/or quality of products or services provided by or advertised on these third-party sites. eLuminate does not control, endorse, promote, or have any affiliation with any other website unless expressly stated in the Site.

14. Use of the Internet

Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. Neither eLuminate nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

15. Governing law and jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of the State of Kansas, without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in Kansas, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the cause of action or claim arises.

16. Notice

Any notice required or deemed advisable by eLuminate regarding the Site may be delivered to you concerning by means of electronic mail, by a general notice posted on the website, or by written communication delivered by first-class U.S. mail to your address on record in our files.

17. Identification

You represent that you have properly identified yourself by entering your own name and personal identifiers and/or those of an entity which you represent when registering for this Site and not those of any other person or entity.

18. Miscellaneous

eLuminate’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and eLuminate nor trade practices shall act to modify any provision of this Agreement. eLuminate may assign its rights and duties hereunder to any third party at any time without notice to you. This Site is controlled and operated by eLuminate from its offices within the United States. eLuminate makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.

These Terms of Use constitute the entire agreement between you and eLuminate with respect to your use of the Site, and cancels and supersedes any prior versions of this Agreement. No modification to this Agreement will be binding, unless in writing and signed by an authorized eLuminate representative. You may not assign, sublicense, delegate or otherwise transfer this Agreement or any right granted hereunder. If any part of these Terms of Use is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing you access to and use of the Site, eLuminate has relied on your agreement to be legally bound by these Terms of Use.


PROTECTED HEALTH INFORMATION – PRIVACY & SECURITY

Privacy and Security

As a “Business Associate” to various “Covered Entities” (healthcare providers, third party administrators, insurance carriers, employers’ self-funded health plans) that have possession of your “Protected Health Information” (or “PHI”), the HIPAA regulations require both eLuminate and the Covered Entities that provide and/or administer your health care coverage to maintain privacy and security policies and mechanisms regarding your Protected Health Information. eLuminate applies its strict administrative, physical and technical privacy and security safeguards to all information in its possession, whether PHI or other non-public personal information. This Site requires users to give us unique identifiers in order to log into many areas of the site. The identifiers may include, as appropriate, provider identification numbers, subscriber identification numbers, employer identification numbers, and/or assigned user names and passwords. We utilize these unique identifiers to verify the user’s identity and eligibility. You must take responsible and appropriate steps to safeguard your identification numbers to help protect patient privacy. Our site has additional security measures in place to protect against loss, misuse and/or unauthorized alteration of the information under our control, which may include but are not limited to: • Built-in firewalls (a combination of hardware and software) to keep unauthorized users from accessing information through our computer network. • Encryption technology, including Secure Socket Layer for certain communications. • Timeout feature that automatically logs you out after an extended period of inactivity.

eLuminate Responsibilities

Generally, you will interact with the appropriate Covered Entity to access your PHI in the Covered Entity’s possession, make requests for information, file complaints, etc. eLuminate is legally responsible as the Covered Entity’s Business Associate to assist the Covered Entity in protecting the PHI that Covered Entity shares with eLuminate or which eLuminate creates on Covered Entity’s behalf. Thus the descriptions below summarize eLuminate’s responsibilities – more detailed information may be obtained from the appropriate Covered Entity that possesses the PHI in question – your healthcare provider (physician or facility), insurance carrier, your employer’s health plan administrative staff, or third party administrator used by your employer.

Notice of Privacy Practices

Covered Entities are required to make available to you their Notice of Privacy Practices, which explains the uses and disclosures that the Covered Entity (and its Business Associates, such as eLuminate), may make of your Protected Health Information.

eLuminate Uses and Disclosures of your Protected Health Information

eLuminate may use and disclose your Protected Health Information (PHI) to carry out its own or a Covered Entity’s treatment, payment and healthcare operations activities; to assist a Covered Entity in providing you with your HIPAA rights to access and request to amend your PHI; and other purposes that are permitted or required by federal or state law (for example, for law enforcement activities, judicial proceedings, disaster relief activities, etc.).

Your Rights

You have certain rights regarding your PHI; please contact the appropriate Covered Entity that possesses the PHI in question in order to exercise these rights:

Online Protection

The mobile version of our website uses the same security measures as our main website, so you can be assured your PHI is protected no matter how you connect to eLuminate.
Although our website logs you out when there is no Site activity for a certain period of time, it’s important that you log off after each time you visit www.eluminatehealth.com. In addition, for added security, we recommend closing your browser once you’ve logged off of our website.

Email and Text Communication Protection

Communications concerning your PHI should come from the appropriate Covered Entity, but if eLuminate should ever communicate with you via email or text messages concerning your PHI, we will never disclose your PHI in the message itself and we will never ask you for personal information such as account numbers or passwords.

Over the Phone Protection

Communications concerning your PHI should come from the appropriate Covered Entity, but if you communicate with eLuminate by phone, you’ll be asked to provide sufficient information so that we can confirm your identity. eLuminate intends to maintain the confidentiality of your PHI and personal information. If we are unable to verify the caller’s identity and right to access the account, we will not provide any information. This is to protect you and your PHI.

Complaints

You may complain to us if you believe that we have violated your privacy rights. You may also file a complaint with the Secretary of the US Department of Health and Human Services.
Communicating with eLuminate

Please refer to the following information to contact us with a question about your PHI, or to register a complaint:
Privacy Office
eLuminate Health
11111 Nall Ave. Suite 220
Leawood KS 66211
Phone: (913) 491-6984 o

Changes To This Policy

Any changes to this policy will be posted on this Site by eLuminate. You may wish to review this policy from time to time in order to review any such changes.

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