OMI PULSE - Terms of Service for Web-Based Services
Last Updated: September 4th, 2024
These Terms of Service are a legal agreement between you and Outcomes Matter Innovations, LLC (“OMI”, “we”, “us”, or “our”) that becomes effective when you accept them in order to register for use of the OMI PULSE web-based platform (“OMI PULSE”). Read these Terms of Service carefully in their entirety as they limit our potential liability to you and restrict your ability to bring actions against us in connection with your use of these services. In the event that we update these Terms of Service, we will post them here with an updated date at the top of the document. Your use of the OMI PULSE platform at any time after these Terms of Service are updated constitutes your consent to the updated Terms of Service, as modified.
OMI is a technology enablement company that supports specialty care physicians in the move to value-based case. OMI provides technology to guide physicians at point of patient contact. Our clients: healthcare providers and health insurance carriers who have contracted with us for use of the Services (“Clients”), and their staff, are able to log into OMI PULSE to view certain information. Healthcare providers and their employees or authorized users are able to see their list of patients, diagnoses, scheduling information, and record clinical outcomes. Health insurance carriers and their employees or authorized users are able to view how our shared savings programs are performing financially.
In this agreement:
“The Services” means OMI PULSE.
“Service Account” means your OMI PULSE account. Your Service Account is created by completion of the registration process for the Services.
“Service Portal” means all web site through which OMI provides the Services and for which OMI is the registered owner.
“OMI Servers” means all tangible computer equipment and storage media of any kind owned and controlled by OMI.
We know that the privacy and security of your information is important to you, and we agree that any information you provide to OMI in connection with either the creation of your Service Account or your subsequent use of the Services will be stored, used and shared by OMI only as permitted and described in our Privacy Policy and Notice [https://omiportal.com/privacy-policy.html], which are incorporated herein. By creating and using your Service Account, you are certifying to us that you have read and understood the Privacy Policy and Notice, and that you authorize us to use and disclose your information as described therein.
Only persons who are designated as authorized users by our Clients, who reside in the United States, and who are 18 years of age or older are authorized to create and use a Service Account. To create your Service Account, you and/or your employer will be required to provide certain personal information. You agree that you will provide only current and accurate information when creating and using your Service Account.
Depending upon a Client’s integration with OMI PULSE, your Service Account may be accessed through your Single Sign On (SSO) settings.
If your Service Account is not accessible via SSO, then when you create your Service Account, you will be required to establish a password for the account. Your username will be the email address tied to your Service Account. You should not share your password information with anybody, and you should take precautions to protect that information from discovery by others.
You will be able to change your password using the “forgot password” feature when attempting to log into OMI PULSE. This function will generate an email sent to your email address, with a link to a page where your password can be changed. After changing your password, the system will require use of your authenticator for multi-factor authentication. Your authenticator configuration can only be changed by a Client’s User Manager within their OMI PULSE user management controls.
You agree that you are responsible for all activity that occurs through use of your Service Account, and you agree to notify OMI immediately of any unauthorized use of your Service Account password or your Service Account that you discover. To notify us of such unauthorized use, email security@omimanagement.com to report the incident.
OMI hereby grants you a non-exclusive, non-transferable, worldwide right to use the Services, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by OMI and its licensors. Without limitation, the OMI name, the OMI logo, and the product names associated with the Service are trademarks of OMI or third parties, and no right or license is granted to use them.
With the exception of the data and information that you provide when registering for or using the Services (whether directly or through transfers from other organizations, persons or devices that you authorize), OMI (or its licensors) owns the content (other than the clinical data provided by Clients, or by end users on behalf of Clients) and source code contained in or underlying the Services. The OMI-owned content and source code is protected by U.S. and international copyright law and conventions and other laws protecting intellectual property. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Services, or making any derivative work of the Service Portal or the Services.
You may not access the Services if you are a direct competitor of OMI, except with OMI's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You agree not to use the Service Portal or the Services for any illegal or harassing activities, and you agree to comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software, when using the Services.
You agree not to use or attempt to use the Services to access any account on which you are not a properly registered and authorized account user.
You agree not to engage in any activity intended to disable or interfere with the operation of the Service Portal, the Services or OMI Servers.
You agree, represent, and warrant that you will not use the Services to collect, upload, transmit, display, access or distribute any content that: (a) violates these Terms of Service, including, without limitation, the Privacy Policy and Notice, or any applicable laws, rules or regulations (“Laws“); (b) constitutes an infringement, misappropriation, or violation of all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights or other rights of any third party; (c) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable or illegal in any way; (d) is harmful to minors in any way; (e) would cause OMI to violate any applicable Laws; (f) constitutes unlawful or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (g) would cause you to violate any obligations or restrictions imposed by any third party.
The Services, and the databases, software, hardware and other technology used by or on behalf of OMI to operate the Service, and the structure, organization, and underlying data, information and software code thereof (collectively, the “Technology”), constitute confidential information and valuable trade secrets of OMI. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in this Agreement; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Technology; (3) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter the Technology; (4) harvest, collect, gather, or assemble information or data regarding other users, including e-mail addresses, without their consent; (5) alter, modify, reproduce, create derivative works of the Technology; (6) alter, obscure, or remove any copyright, trademark, or any other notices that are provided on or in connection with the Technology; (7) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of Your rights to access or use the Technology, or otherwise make the Technology available to any third party; (8) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (9) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (10) interfere with the operation or hosting of the Technology; or (11) introduce software or automated agents or scripts to the Technology so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, deep link, or mine content from the Technology. User licenses cannot be shared or used by more than one individual user but may be reassigned from time to time to new users who are replacing former users who have terminated employment or otherwise changed job status or function and no longer use the Service.
When using the Services, clicking on certain links will redirect you to web sites that are operated and controlled by organizations other than OMI (“Third-Party Web Sites”). Such links are provided or allowed solely for your convenience and do not imply any endorsement of the material that might be found on such sites.
OMI does not control Third-Party Web Sites; and we are not responsible for the content and performance of such sites or for the security or privacy practices of the organizations that operate them. To learn about the security, privacy or use of any information that you see or provide when connected to any Third-Party Web Site, you should review any privacy policy that is available on the site, or contact the organization that operates the site.
Your use of Third-Party Web Sites is strictly at your own risk, including but not limited to any risks associated with destructive viruses or with your use or reliance upon information you might obtain through such web sites. You are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the other web sites. It also is your responsibility to review and assess the secure nature of your connection to any Third-Party Web Site.
THE SERVICES AND THE CONTENT, MATERIALS AND INFORMATION AVAILABLE ON THE SERVICE PORTAL ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. OMI SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INTERFERENCE WITH YOUR OPERATION OR USE OF THE SERVICES. NOR DO WE PROVIDE ANY WARRANTY REGARDING THE SECURITY OR AVAILABILITY OF THE SERVICES OR THE SERVICE PORTAL; THAT THE SERVICES ARE FREE FROM ERROR, VIRUSES OR DEFECTS; OR WITH REGARD TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED DURING YOUR USE OF THE SERVICES.
OMI WILL NOT BE LIABLE TO YOU FOR ANY LOSS (TANGIBLE OR INTANGIBLE) OR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO OMI’S OPERATION OF THE SERVICES, YOUR USE OF THE SERVICES OR THIS AGREEMENT. OMI SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSIONS, REGARDLESS OF CAUSE, EVEN IF THE OMI OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some applicable laws might impose restrictions regarding the extent to which certain warranties may be disclaimed or to which certain damages may be limited in some circumstances. Accordingly, some of the warranty disclaimers and liability limits set forth above may not apply to you. You agree nonetheless that all such disclaimers as are permitted by applicable law shall apply to you, and that OMI’s liability to you shall be limited to the maximum extent permitted by applicable law.
You agree to defend, indemnify and hold OMI harmless from any third-party claims arising out of or related to your use of the Services.
These terms and conditions and the resolution of any dispute related to these terms and conditions shall be construed in accordance with the laws of the State of New Jersey. Any dispute between OMI and you related to these terms and conditions shall be resolved exclusively by the state and federal courts of the State of New Jersey.
The Services can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of New Jersey, without regard to any principles of conflicts of law, will apply to all matters relating to the use of this site.
OMI makes no representation that material on the Services is appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws.
A failure by OMI to enforce any provision of these Terms of Service, or a waiver by OMI of any breach of these Terms of Service, shall not act as a bar to subsequent enforcement of such provision or be deemed a waiver of any subsequent breach.
OMI may change these Terms of Service at any time by posting a subsequent version on the Service Portal. You are responsible for periodically reviewing the Terms of Service as they appear on the Service Portal and to discontinue your Service Account and your use of the Services in the event you do not agree to any changes that have been made to the Terms of Service. You agree that your continued use of the Services following any such changes constitutes your acceptance of the new Terms of Service, regardless of whether we’ve provided any notification to you that those terms have changed. We will make reasonable efforts to notify you of any significant changes we might make.
Similarly, OMI in its sole discretion may change any of the documents associated with the Services, including our Privacy Policy, by posting updated versions of such documents on the Service Portal at any time. As with the Terms of Service, it is your responsibility to periodically review the associated documents for changes and you agree that your continued use of the Services following any changes to those documents constitutes your acceptance of all such changes.
You agree that at any time OMI, in its sole discretion and without limitation or prior notice to you, may cease providing the Services or make any changes OMI chooses to the features and functionality available through the Service Portal. You also agree that OMI may terminate your access to the Services and your Service Account without prior notice to you for any reason that we deem warrants such action, including, without limitation, your breach of any provision of these Terms of Service, including, without limitation, the Privacy Policy and Notice.
If at any time you want to stop using Services, delete your Service Account, and terminate your agreement to these Terms of Service, you can do so. To learn more about what happens to the data and information associated with your Service Account after it is closed, refer to our Privacy Policy.
In the event OMI or a Client chooses to discontinue the Services or your use thereof, or you choose to discontinue your use of the Services and delete your Service Account, then the agreement between you and us as set forth in these Terms of Service and your right to use the Services terminate, but sections 1, 3, and 6 through 9 will continue in effect even after termination of this agreement.
All provisions of these Terms of Service are intended to apply to the maximum extent permitted by law. If any provision (or part of any provision) is held to be invalid or unenforceable by any court or other authority with jurisdiction to make such a determination, then such provision (or part) will be deemed removed from the agreement, but all other terms and conditions will remain in full force and effect. You further agree that, to the extent legally permissible, any provision (or part of any provision) so removed shall be replaced with another provision designed to achieve a result as near as possible to that of the provision (or part) so removed to the maximum extent permitted by law.
These Terms of Service (which incorporate by reference the Privacy Policy and Notice [https://omiportal.com/privacy-policy.html]) constitutes the entire agreement between you and OMI regarding the Services and supersedes all prior agreements, representations or understandings between you and OMI respecting the Services. Nobody, including any representative of OMI, is authorized to make any changes or modifications to the terms of this agreement other than changes that are instituted through the posting of subsequent versions of this agreement on the Service Portal as described elsewhere in these Terms of Service. You agree not to act or rely on any representations to the contrary.
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to support@omimanagement.com