Acceptable Use Policy

This Acceptable Use Policy sets out a list of acceptable and unacceptable conduct for Clarify Health Solutions® Services.  If We believe a violation of the policy is deliberate, repeated, or presents a credible risk of harm to other users, Our providers and/or other clients, Our Services and/or Systems, or any third parties, We may suspend or terminate Your access.  This policy may change as Clarify grows and evolves and/or with changes in law or regulation, so please check back regularly for updates and changes.  Capitalized terms used below but not defined in this policy have the meaning set forth in the Terms of Use.

Do:

• Comply with all Terms of Use, including the terms of this Acceptable Use Policy, and the Agreement;
• Comply with all applicable laws and governmental regulations, including, but not limited to, all state and federal health information privacy and security laws and regulations; regulations promulgated by any government agencies, including, but not limited to, the U.S. Department of Health and Human Services; and all compliance and ethics laws and regulations and internal policies and procedures;
• Comply with all regulations, policies and procedures of networks connected to the Clarify Services and Clarify’s service providers
• Access only Provider Data You are authorized to access and only to the extent necessary to achieve the legal and authorized purpose of such access;
• Upload only such Provider forms, documents, and/or data to which Provider owns all required rights under law and under contractual and/or fiduciary relationships, and do so only in a manner and degree that is consistent with applicable law;
• Use all reasonable efforts to prevent unauthorized access to the System and/or use of the Services;
• Keep passwords and all other login information/credentials strictly confidential;
• Monitor and control all activity conducted through Your account in connection with the Services;
• Notify Us immediately if You become aware of or reasonably suspect any unauthorized or illegal activity and/or a potential security compromise involving Your account(s), including any loss, theft, or unauthorized disclosure or use of a username, password, or similar User Information and credentials; and
• Comply in all respects with all applicable terms of any third party applications, including any that Provider elects to integrate with the Services, that You access or to which You subscribe in connection with the Services.

Do Not:

• Permit any third party that is not an Authorized User to access or use the System and/or Services;
• Permit any third party, including another Authorized User to access or use the System and/or Services by using Your User Information and/or similar credentials;
• Share, transfer, or otherwise provide or permit access to an account designated for You to another person;
• Use the Services to store or transmit any Provider Data that may infringe upon or misappropriate someone else’s trademark, copyright, or other intellectual property, or that may be tortious or unlawful;
• Use any means, program, or device, or permit any other person to use any means, program, or device, including, but not limited to, advertising, instant messaging, and pop-up ads, to influence or attempt to influence, through economic incentives or otherwise, the prescribing decision of a prescriber if such means, program, or device is triggered by, initiated by, or is in specific response to, the input, selection, and/or act of a prescriber or his/her agent prescribing a pharmaceutical or selecting a pharmacy for a patient;
• Upload to, or transmit from, the Services any data, file, software, or link that could or does contain or redirect to a virus, Trojan horse, worm, or other harmful component or any technology that unlawfully accesses or downloads content or information stored within the Services or on the System or by any third party;
• Attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third party use of the Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law);
• Attempt to gain unauthorized access to the Systems or Services, to any components or files within the Services to which You do not have authority to access;
• Attempt to gain unauthorized access to networks to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services and/or Systems;
• Access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, graphics, or other Materials;
• Use the Services in any manner that may harm minors or other vulnerable populations;
• Impersonate any person or entity, including, but not limited to, any Clarify employee or contractors, an “Administrator”, an “Owner”, or any other Authorized User, or falsely state or otherwise misrepresent Your affiliation with an organization or entity and/or Your professional qualifications or credentials;
• Use the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism;
• Access, search, or create accounts for the Services by any means other than our supported interfaces;
• Send and/or post any unsolicited communications, promotions or advertisements, or spam;
• Send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
• Use the Services to distribute, transmit, store, or promote unlawful, harmful, obscene, or pornographic materials of any kind or nature;
• Transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability;
• Sublicense, resell, time share, or similarly exploit the Services;
• Use the Services for personal or consumer purposes, as the Services are intended for use by businesses and organizations;
• Use contact or other user information obtained from the Services (including e-mail addresses) in any way not explicitly permitted by the Agreement;
• Use the Services for any other unauthorized, illegal, fraudulent, unethical, or inappropriate purposes; or
• Authorize, permit, enable, induce, or encourage any third party to do any of the above.

Clarify will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.  Clarify may involve and cooperate with law enforcement authorities in prosecuting users who violate this Policy.  You acknowledge that Clarify has no obligation to You to monitor Your access to or use of the System, Services, or Materials or to review or edit any Materials or user-generated content but has the right to do so for the purpose of operating the System or Services to ensure Your compliance with these this Policy and the Terms of Use or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.  Clarify reserves the right, at any time and without prior notice, to remove or disable access to any System, Service, Materials, and/or any component therein that Clarify, at its sole discretion, considers to be in violation of this Policy, the Terms of Use, the Agreement with Provider, or to be otherwise harmful to the System or Services.

Contacting Clarify

Please feel free to contact us if You have any questions about Clarify’s Acceptable Use Policy, Terms of Use, and/or any other documents referenced herein.  You may contact us at [email protected], or at our mailing address:

Clarify Health Solutions, Inc.
75 Hawthorne Street, 4^th Floor
San Francisco, CA 94105