Welcome to AMIE, a Web-based platform that helps patients and their physicians and other healthcare providers such as nurse practitioners and physician assistants, (NP’s and PA’s) coordinate pre-operative and post-operative care instructions, and to generally aid in the monitoring of the patient’s post-operative condition. AMIE is available through this website (“Website”) as well as through a mobile application on a phone or tablet (“Mobile App”). The patient and his/her designated care provider access AMIE through a Patient Mobile App and Physician Portal, respectively. These terms and conditions apply to patients and their caregivers, defined as “Patient Users” and their designated healthcare providers, collectively referred to as “Provider Users.”
If you use or access AMIE you indicate your acceptance of the Agreement. If you are accessing or using AMIE on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement. If you have not read the Agreement, do not understand or agree to be bound by the Agreement, or are not able to consent to be bound by the Agreement (e.g., if you are not old enough to enter into a binding legal contract), do not use AMIE.
PLEASE BE AWARE THAT AMIE (INCLUDING THE WEBSITE, THE MOBILE APP, AND THE SERVICES) IS NOT DESIGNED OR INTENDED TO BE USED FOR EMERGENCIES OR LIFE-THREATENING CONDITIONS AND WE DISCLAIM ALL LIABILITY FOR USE OF AMIE IN CONNECTION WITH THESE CIRCUMSTANCES. IF YOU ARE A PATIENT USER, PLEASE GO TO YOUR NEAREST HOSPITAL OR CALL 911 IN THE EVENT OF AN EMERGENCY OR LIFE-THREATENING SITUATION.
AMIE (INCLUDING THE WEBSITE, THE MOBILE APP, AND THE SERVICES) IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR IN-PERSON CONSULTATIONS BETWEEN PROVIDERS AND PATIENTS. THE SERVICE, SITE AND CONTENT ARE NOT INTENDED TO BE USED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. IF YOU ARE A PROVIDER, DO NOT USE AMIE TO COMMUNICATE WITH YOUR PATIENTS ABOUT EMERGENCY MEDICAL ISSUES.
The term “AMIE” includes (1) all of the features and functionality of both the Mobile App and the Website (referred to collectively as the “Site”), (2) all of the content accessible through the Mobile App and Website, i.e., everything on the Site, whether accessible online wirelessly or electronically or offline after, e.g., downloading and printing, and (3) all Services provided by or otherwise made available to you through the Site.
The term “User” refers to you as a AMIE user, regardless of the means by which you access AMIE. As a User, you may be (1) a patient (“Patient User”) or (2) a non-patient healthcare service physician or other licensed professional, disease management organization, case manager or another individual who is involved in the management or care of the patient, including their employees and agents (“Provider User”).
The term “Personal Information” refers to any patient information collected or available through AMIE.
Purpose of AMIE and the Services
AMIE provides the following services and functions:
- Allows patients to prepare themselves more effectively prior to a surgery or procedure by providing time-dependent alerts and in-app instructions.
- Allows physicians, staff and other members of the healthcare team to track patients in the pre-operative and post-operative phases to ensure compliance with instructions and to optimize recovery.
- Improves post-operative care by providing time-dependent alerts and in-app post-operative instructions to patients.
- Improves post-operative care by obtaining important Personal Information pertaining to the Patient User’s recovery after discharge from the hospital or ambulatory surgery center (“ASC”) or an in-office procedure. The Personal Information may include pain level scores provided by the patient, wound images, and other information that may be used to track and support a patient’s post-operative recovery.
- Creates a mobile-based means of communication between the Patient User and his/her physician and healthcare team to monitor the patient’s recovery and symptoms after discharge from the hospital, ASC or in-office procedure.
AMIE allows the Patient User to designate and establish a link with their physician/Provider User prior to a surgery or procedure. The Patient Mobile App will provide a) access to pre-operative and post-operative instructions; b) the ability to take a picture of the wound; d) the ability to track pain level on a pre-set basis as well as other pertinent personal information. The Physician Portal will allow the Provider User to a) create templates of pre- and post-operative instructions, b) assign and edit pre- and post-operative instructions, c) review outpatient post-operative wound images, post-operative pain levels, and other relevant Personal Information and d) ensure patient compliance with instructions both before and after surgery.
Not all Services will necessarily be used by or for every User.
Representations and Warranties
Patient User Representations and Warranties
If you are a Patient User (patient or caregiver), you represent and warrant that:
- You are acting on behalf of yourself personally and that you will use AMIE solely for management of your pre- and post-operative care;
- You will input accurate information about yourself. If you discover any inaccurate information in AMIE regarding you or your condition, you agree to take all reasonable steps necessary to correct such inaccurate information;
- You understand how a Provider User may use AMIE for your care and you have read the representations and warranties for a Provider User in the section below;
- Clinical treatment and medications prescribed by your healthcare provider and the service coverage under your health plan shall be determined independent of, and without input from, AMIE;
- It is your responsibility to use AMIE to review care instructions; receive appointment reminders and medication reminders; to appropriately use the function enabling you to take a picture of the wound; and to engage in real-time communications, and HBF is not responsible if you don’t use AMIE as prescribed;
- AMIE is designed to help you manage your medical condition, but you are ultimately responsible for your own treatment and care. The content provided by AMIE does not constitute medical advice or a substitute for seeing your provider responsible for your treatment and care of your condition; and
- If you experience any serious problem or need immediate medical assistance, you shall immediately call your healthcare provider or 911 for emergency help.
Provider User Representations and Warranties
If you are a Provider User, you represent and warrant that:
- You are, or are employed by, a licensed healthcare professional or other organization involved in the management or care of patients;
- You are acting on behalf of yourself or your employer to treat patients related to their pre- and post-operative surgical care who are under your care for that condition;
- You are participating voluntarily to support the provision of care to your patients, and that HBF is not responsible for any of the following:
- whether or not you log onto or access AMIE to review any data associated with regard to your patients;
- obtaining or retrieving Personal Information from AMIE;
- any treatment, treatment decisions, modification to treatment plans or diagnosis, or any other decision within your scope of practice or under an agreement with a patient that you provide, whether or not based on Personal Information obtained from AMIE;
- your decision to provide appointment or medication reminders through AMIE; and
- your compliance with HIPAA, or any other federal or state law;
- The AMIE mobile-based communication function is to be used only for non-emergency issues.
Product and Service
Reference to any product or service on AMIE does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES IDENTIFIED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on AMIE does not imply that we endorse that product or service or that the owner of such product or service endorses AMIE.
Ownership of Materials and Use Restrictions
You have no right or license to use AMIE for the benefit of another in an external service bureau or time-sharing arrangement or otherwise with a user not licensed by HBF, except if you are a Provider User involved in the management or care of a patient, and you are using AMIE for the benefit of your patient. Under limited circumstances, AMIE may permit you to create and upload text, information and content. You represent and warrant that you have the legal right to such text, information and content and that none of the text, information and content violates the copyright, patent, trademark, trade secret and/or other intellectual property of any other party. HBF reserves the right to remove any text, information or content uploaded by you that it determines infringes on any third party’s copyrights, trademarks, trade secrets, or other intellectual property rights, or that HBF otherwise determines is inappropriate.
In connection with your access to and use of AMIE, you may not access or use any password-protected, secure, or non-public areas of the Site, except as specifically authorized in writing by HBF; impersonate or misrepresent your affiliation with any person or entity; use any automated means to access or use AMIE, including scripts, bots, scrapers, data miners, or similar software; attempt to or actually disrupt, impair, interfere with, alter, or modify AMIE, or any information, data, or materials posted or displayed by HBF; access data on the Site not intended for you; or attempt to probe, scan, or test the vulnerability of the Site or breach any implemented security or authentication measures, regardless of your motives or intent.
Links to or from AMIE
You may not create a link from your website or any other Internet location to the Site without the express written permission of HBF. If HBF grants you permission to link to the Site, HBF reserves the right to revoke such permission at any time. If such permission is revoked, you agree that your failure to sever such link immediately will cause HBF immediate and irreparable injury.
Any links to other websites or Internet locations from AMIE have been provided for your convenience only. HBF may at its discretion provide link-throughs to the websites of other entities with whom you may have relationships, such as a plan or provider. HBF does not endorse, sponsor, or approve any of the content of any websites or locations to which AMIE links. HBF has no control over any of the websites or other Internet locations that you may access through AMIE, or from which you access AMIE, and is not responsible for the content or accuracy of the content of any such websites or locations. If you access any other website or Internet locations through AMIE, you do so at your own risk.
All brand, product and service names used regarding AMIE and HBF are the trademarks, trade names or service marks of HBF, unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or service marks, or use any meta tags or any other “hidden text” utilizing any such trademarks, trade names or service marks, without the express prior written permission of HBF or the owner of such trademarks, trade names or service marks.
Registration and Security
By entering any information on AMIE, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. Additionally, you agree to maintain the strict confidentiality of your account and any passwords issued to you for your use of or access to AMIE or any portion thereof, and you agree not to allow any other entity to use any username(s) or password(s) that are issued to you. You shall be responsible for all activity that occurs under your account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.
Modification of AMIE and the Services
We reserve complete and sole discretion with respect to the operation of AMIE and the Services. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of AMIE, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of AMIE or restrict your access to part or all of AMIE without notice or penalty. We may suspend or terminate your account or your use of AMIE at any time, for any reason or for no reason at all.
Use Outside United States
HBF makes no representation or warranty that the content of AMIE is appropriate, lawful, or available for use in countries other than the United States. If you use AMIE, including without limitation, the Site, you are responsible for compliance with all applicable laws.
Disclaimer of Warranties and Liability
AMIE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, HBF DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ALL WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. YOU EXPRESSLY AGREE THAT USE OF AMIE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF AMIE. NEITHER HBF NOR ANY OF ITS PARTNERS REPRESENTS OR WARRANTS THAT AMIE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT AMIE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES HBF OR ITS PARTNERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF AMIE. IN THE EVENT OF ANY PROBLEM WITH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING AMIE.
You acknowledge that data entry and conversion is subject to human and machine errors, omissions, delays, and losses, including inadvertent loss or corruption of data or damage to media, that may give rise to loss or damage. You agree HBF will not be liable for any such errors, omissions, delays, or losses, unless caused by HBF’s gross negligence or willful misconduct. You are responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, and adopting procedures to ensure the accuracy of input data; examining and confirming results prior to use of data; and adopting procedures to identify and correct errors and omissions and reconstruct data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data.
HBF expressly disclaims any responsibility or liability for, and you agree HBF will not be responsible or liable for: (A) Errors in data or data entry, whether caused by you or the hardware or communications medium used for data entry; (B) Errors in dating or filing data caused by you or the hardware or communications medium used for data entry; (C) Errors in therapeutic conclusions or interventional instructions provided by Provider Users relying on erroneous data or data entry; (D) Malfunction or loss of use of any hardware; (E) Loss or degradation of communications between you and AMIE or a HBF service provider for any reason not within control of the HBF; (F) Injury to anyone associated with use of any hardware used for data or voice communication with AMIE or with HBF; (G) Failure by you to correct erroneous data or to comply with proper instructions; (H) Errors resulting from unauthorized access to AMIE or associated data; and (I) Any damage or injury to anyone directly or indirectly resulting from use of or communication with AMIE or HBF where the proximate cause of such damage or injury is not within the control of HBF.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE REMEDY FOR ANY CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO AMIE OR HBF, INCLUDING WITHOUT LIMITATION, THE SITE, ANY SERVICE, OR ANY PRODUCT OR SERVICE ACQUIRED THROUGH AMIE SHALL BE LIMITED TO A REFUND OF ANY AMOUNT YOU PAID FOR SUCH PRODUCT OR SERVICE. UNDER NO CIRCUMSTANCES SHALL HBF, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING AMIE OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, INCLUDING LOST OR CORRUPTED DATA OR LOST PROFITS OR OTHER ECONOMIC DAMAGES, ARISING FROM OR IN CONNECTION WITH AMIE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT HBF RECEIVED FROM YOU FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM. THE LIMITATIONS IN THIS PROVISION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Term and Termination
Your obligations under the Agreement shall continue for as long as you access or use AMIE or use or maintain any of the content of AMIE or copies thereof. You may terminate your obligations at any time by discontinuing your use of AMIE and by destroying all content obtained from it, and all copies thereof. However, your termination of the Agreement does not relieve you from liability resulting from your failure to comply with the obligations of the Agreement before such termination, and HBF reserves the right to enforce such pre-termination obligations before or after you terminate the Agreement. HBF reserves the right, in its sole discretion, to terminate your access to or use of AMIE, including the Site and the Services, and any related services or any portion thereof at any time and for any reason, including, without limitation, breach of the Agreement.
Neither party to the Agreement shall be liable to the other under the Agreement or otherwise for performance that is prevented by a cause outside the control of the party, including without limitation, natural disaster, war, riot, labor disturbance, or failure of publicly available channels of communication.
All disputes seeking only monetary damages and arising out of or relating to the Agreement or HBF’s operation of AMIE, except disputes involving infringement or ownership of intellectual property rights, shall be resolved by binding arbitration in Wilmington, Delaware, pursuant to the rules of the American Arbitration Association. All disputes seeking injunctions or other non-monetary remedies or involving infringement or ownership of intellectual property rights shall be resolved in the federal district court or applicable state court in Delaware, and you consent to personal jurisdiction and venue in such court.
The Agreement is governed by and will be construed in accordance with the laws of the United States and the State of Delaware, without regard to conflicts of laws principles.
If any provision or part of a provision of the Agreement is contrary to law, the remaining part of the provision and the remaining provisions of the Agreement will remain in effect.
AMIE is operated by HBF, Inc.
All formal notices to us shall be sent to email@example.com or mailed to:
826 Norsota Way
Sarasota Florida 34242
All notices to you shall be sent to the email address that you provide when you register. Any notice provided under the Agreement shall be deemed given one business day after the email is sent. If you do not register, or register with inaccurate information, you hereby waive any right to notice for any purpose related to the Agreement or AMIE. Any action or claim against us must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived.
You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by HBF. Any purported assignment lacking such consent will be void at its inception. HBF may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on the Site or through our Service.