You understand that information you send or receive via Chirp may be made part of your permanent medical record at the discretion of the clinician.
Access to Chirp is enabled by user credentials, at present an email address and a password, and additional security measures as may be implemented from time to time by Chirp. You will choose your password when registering for access. You shall maintain your password in strict confidence. In no event shall you share your password with any third party or allow another person to access Chirp using your credentials. You shall immediately notify Iora, by emailing email@example.com, if you have any reason to believe that your credentials have been lost or compromised or misused in any way. You are fully and solely responsible for any and all use of Chirp under your credentials.
In using Chirp, you will have access to confidential information of Iora and third parties ("Confidential Information") that may include software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, functional specifications, technical materials and information, and related documentation.
During the term of this Agreement and thereafter, you agree not to disclose any Confidential Information to any third party except as permitted by this Agreement and by applicable law. Without limiting the foregoing, you agree to undertake all reasonable measures to ensure the privacy and security of all Confidential Information including without limitation: (i) not to access or use any Confidential Information that you have no legitimate authorization to access or use; (ii) not to access Chirp or any Confidential Information for any other individual or any unauthorized third party. You acknowledge and agree that all obligations relating to Confidential Information under this Agreement will continue after termination of this Agreement and termination of access rights hereunder.
Iora may terminate this Agreement and/or terminate or suspend your access to the Chirp at any time and for any reason. Iora has the right to refuse to provide access to Chirp to any person, agency or organization, or to prohibit any person, agency or organization from using Chirp, at any time and for any reason. Iora reserves the right to change, suspend, or discontinue all or part of Chirp, temporarily or permanently, without prior notice. We reserve the right to deactivate any account at any time, for any reason.
You acknowledge and agree that Chirp and the Confidential Information is the property of Iora or its licensors, and are protected by United States and international copyright law, trademark law, and trade secret law, as well as other state, federal and international laws and regulations. Except as expressly provided in this Agreement, Iora does not grant any rights to you under any patents, copyrights, trademarks or trade secret information. Accordingly, unauthorized use of Chirp or the Confidential Information may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights or other laws or regulations. The copying, redistribution, use or publication by you of any part of Chirp or the Confidential Information is strictly prohibited; provided, that you may print, copy electronically, or download information from this site for personal, non-commercial use only, provided you identify the source of the material and include a statement that the materials are protected by copyright law.
Iora shall have the right to use and incorporate into Chirp any feedback and input provided by you, for any purpose, including the improvement of Chirp and other research, educational and patient care purposes.
Chirp may contain links to third party materials and third party websites for your information and convenience. Iora is not responsible for the availability, accuracy, or content of any of those third party materials or websites nor does it endorse them.
Certain information contained within or accessible through Chirp is provided by third parties. Prior to accessing this information you may be asked to agree to additional terms and conditions provided by such third parties which govern access to and use of those materials.
ACCESS TO CHIRP AND THE INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IORA DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IORA DOES NOT CONTROL THE DEVICES OR COMPUTERS OR THE INTERNET OVER WHICH YOU MAY CHOOSE TO ENTER CONFIDENTIAL OR PERSONAL INFORMATION AND CANNOT, THEREFORE, PREVENT INTERCEPTIONS OR COMPROMISES TO YOUR INFORMATION WHILE IN TRANSIT TO IORA. IORA MAKES NO GUARANTEE AS TO THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED TO OR FROM CHIRP.
FURTHERMORE, CERTAIN TYPES OF PATIENT INFORMATION ARE NOT AND WILL NOT BE AVAILABLE VIA CHIRP. IORA PROVIDES CHIRP AS A HEALTH INFORMATION RESOURCE TO BE ACCESSED AT YOUR CONVENIENCE. YOU SHOULD NOT RELY UPON THE CHIRP SITE IF YOU HAVE IMMEDIATE HEALTH CONCERNS OR QUESTIONS. FOR ALL URGENT MEDICAL MATTERS, CONTACT YOUR CLINICIAN’S OFFICE.
IN THE EVENT OF ANY PROBLEM WITH CHIRP OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING CHIRP. UNDER NO CIRCUMSTANCES SHALL IORA OR ANY IORA HEALTH AFFILIATE BE LIABLE IN ANY WAY FOR YOUR USE OF CHIRP OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL IORA OR ANY IORA AFFILIATE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF CHIRP, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement shall be governed by the laws of the state of Delaware without regard to its rules on conflicts or choice of law. You hereby consent to the exclusive jurisdiction of the courts of the state of Delaware for the resolution of any dispute based upon or relating to this Agreement.
This Agreement constitutes the sole agreement between you and Iora relating to your use and our provision of Chirp and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or Iora. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by Iora of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties' respective successors and permitted assigns. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in a writing signed by the parties.
A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Please read the following carefully before using the site.
You may be asked to provide personal information (including certain demographic and contact information, including email addresses) during the Chirp registration process, when making appointment requests, during the Chirp login process, or when providing feedback to us about your experiences using Chirp. The information required is noted on each specific form or registration page. Additional questions might be included to help us improve the services we offer.
Iora uses the information you provide to operate Chirp and provide the Chirp service to you. In addition, Iora may also use certain personal information, including your email address, to provide communications, information, surveys, and materials to you related to Chirp and/or programs and services available through Iora and certain Iora affiliates., Iora may also share such information with third party service providers whose services and/or materials are accessible through Chirp to enable such third parties to provide those services and materials to you.
Iora seeks to prevent unauthorized access to your personal information by maintaining a secure firewall and use of security technologies to protect the integrity and privacy of any personal information you provide.
As an additional security measure, your personal information is also encrypted during transmission by Secure Socket Layer 128-bit encryption software. (Encryption is a common method used to transmit sensitive data across the Internet. Encryption temporarily makes the text unreadable during the time it is being transmitted over the Internet.) This is an industry standard.
Although we endeavor to protect your personal information, Iora cannot and does not warrant the security of any information you transmit to us through online applications, and you do so at your own risk. Depending on the nature of the inquiry, your communication could be discarded or archived. If you wish, you can contact us instead by telephone at the numbers provided throughout our site.
The Chirp website uses "cookies" to determine the number of times a page on the website has been accessed. Cookies are small computer files that a website can transfer to your computer. Examples of information we collect include how often someone visits our site and their activities while on our site. We use this information in the aggregate to understand how our visitors as a group use different resources. These reports do not contain any personally identifiable information.
Some sections of the Chirp website require login identifiers and/or passwords. You are responsible for taking reasonable steps to ensure that no unauthorized person has access to your password or account login information. It is your sole responsibility to control the use of login information and passwords, to authorize, monitor and control access to and use of your account and password and to inform Chirp promptly of any need to deactivate a password.
Iora occasionally will engage reputable third-party vendors to help us manage our website, provide content and information and enable us to interact better with our patients and visitors.