You would like to gain access to the MO HealthNet Web site located at www.emomed.com (the "e-MOMED Site"). By completing certain registration information at the e-MOMED registration pages prior to this e-MOMED Access Agreement ("Registering"), you acknowledge and agree that you are either:
1. A MO HealthNet participant (Authorized User);
2. An Authorized User of the MO HealthNet MMIS/MISO;
3. An Authorized User of Electronic Data Management System (eDMS); and/or
4. a. An employee, consultant or agent of an enrolled MO HealthNet provider of services ("Provider") with a National Provider Identifier (NPI) and is authorized to gain access to the e-MOMED Site for the purpose of submitting requests for reimbursement ("Claims"), checking the status of such Claims and utilizing all other options; and/or
b. An employee, consultant or agent of a billing entity that submits requests on behalf of an enrolled MO HealthNet Provider with an NPI and is authorized to gain access to the e-MOMED Site for the purpose of submitting requests for reimbursement ("Claims"), checking the status of such Claims and utilizing all other options.
This e-MOMED Access Agreement, comprised of the terms and conditions of use set forth below, is made by and between You, on behalf of the Authorized Entity, and Infocrossing Healthcare Services, Inc. ("IHS"), on behalf of itself and MO HealthNet Program. Please read this e-MOMED Access Agreement carefully. Your acceptance of these terms and conditions by clicking the "I accept" button below is required in order for You to receive an authorized user name and password and gain access to the e-MOMED Site and You represent and warrant that You have the authority to sign and bind the Authorized Entity to these terms and conditions. The Authorized User and Authorized Entity acknowledge and agree that the State of Missouri is a third-party beneficiary of the terms of this e-MOMED Access Agreement with all rights and privileges arising herein.
Upon execution of this e-MOMED Access Agreement, You will receive an assigned user name and password via a pop up box on Your user screen. Once You have gained access to the e-MOMED Site, You may change Your password by accessing the change password link on the home page of the e-MOMED Site.
1. Use. By executing this e-MOMED Account Agreement and using the e-MOMED Site, You and the Authorized Entity acknowledge, understand and agree that records and information which are related to the MO HealthNet Program are confidential and shall be released or revealed only to authorized persons as provided for by law. Authorized User and Authorized Entity further understand and agree that state and federal law mandate confidentiality of patient and Provider healthcare information and provide substantial civil and criminal penalties for unauthorized access, use, or disclosure of confidential patient and Provider information. Authorized User and Authorized Entity acknowledge to keep and maintain confidential all patient and Provider information and to only disclose it in the performance of Authorized User's official duties or the official duties of the Authorized Entity.
2. Your User Name & Password. If You use the e-MOMED Site, You agree that You are responsible for maintaining the confidentiality of Your user name and password and for restricting access to Your computer, and You and the Authorized Entity accept sole responsibility for all activities that occur under Your user name or password. You may not disclose, transmit, post, give away or in any manner share Your user name or password with any party or use the user name or password for any unauthorized purpose. You and the Authorized Entity agree to notify IHS immediately of any unauthorized use of a user name or password. If You or the Authorized Entity fail to restrict access, You and the Authorized Entity agree to subject to liability for failure to do the same. You further acknowledge that, if You do not use Your user name and password for ninety (90) days, Your user name and password will expire. In such case, You will need to contact IHS in order to reactivate your user name and password. Further, You agree that IHS shall have the right to de-activate Your user name and password at any time upon the request of MO HealthNet.
3. Indemnification. In the event Authorized User or the Authorized Entity shall violate state and federal law related to the confidentiality of patient or Provider information, Authorized User and Authorized Entity each agree to indemnify, defend and hold IHS and its parent, affiliates, subsidiaries, employees and contractors and MO HealthNet harmless from and against any and all claims, demands and actions, (without limiting the generality of the foregoing) which arise out of or relate to any violation of federal and state law, and shall pay all costs including, but not limited to, attorney's fees, judgments, investigative costs and court costs related to the same.
4. E-mails - MO HealthNet will, on occasion, send emails to an Authorized User or an Authorized Entity about MO HealthNet News. If you do not want to receive email from MO HealthNet, you may opt out of these e-mail messages by going to the unsubscribe link on the MO HealthNet News Web site located at http://www.dss.mo.gov/mhd/global/pages/mednewssubscribe.htm and clicking the "unsubscription form" button.
5. Security Policy. The importance of security for all personally identifiable information associated with an Authorized User and an Authorized Entity is of concern to us. We exercise care in providing secure transmission of Your information from Your PC to our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your information, IHS can't ensure or warrant the security of any information You transmit to us or from our online products or services, and You do so at your own risk.
6. NO WARRANTY. THIS e-MOMED SITE, INCLUDING ANY INFORMATION CONTAINED WITHIN IT, IS PROVIDED ON AN \"AS IS\" BASIS AND IHS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY, ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF THE SAME. NOR DOES IHS IT OR MO HEALTHNET MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THIS e-MOMED SITE OR MATERIALS CONTAINED ON THIS e-MOMED SITE IS UNINTERRUPTED, ERROR-FREE OR SECURE. IHS AND MO HEALTHNET MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU AGREE THAT YOU USE THIS e-MOMED SITE AND ANY INFORMATION CONTAINED ON THIS e-MOMED SITE AT YOUR OWN RISK.
7. Limitation of Liability. In no event shall IHS or MO HealthNet be liable for any indirect, special, incidental, consequential, or punitive damages, including, without limitation, malfunctions, delays, loss of data, interruption of service or loss of business, profit, or anticipatory profits, arising out of the use, inability to use, or results of use of the e-MOMED Site or any websites linked to this e-MOMED Site, or the materials or information contained on all such websites, whether based on warranty, contract, or tort, even if IHS or MO HealthNet has been advised of the possibility of such damages, and notwithstanding any failure of essential purpose or any limited remedy of any kind. Your sole remedy for dissatisfaction with the e-MOMED Site or any content or information contained within the e-MOMED Site is to stop using the e-MOMED Site.
8. Jurisdiction. By entering this e-MOMED Access Agreement, You acknowledge and agree that IHS operates this e-MOMED Site on behalf of MO HealthNet from its offices within the United States of America and that this e-MOMED Site is intended for viewing within the United States only and will only be construed and evaluated according to United States law. IHS makes no representations that the materials on this e-MOMED Site are appropriate or available for use outside the United States. If You choose to access this e-MOMED Site from outside the United States, You do so at Your own risk and are responsible for compliance with all local laws. You may not use this e-MOMED Site in violation of United States export laws and regulations. This e-MOMED Access Agreement and use of this e-MOMED Site shall be governed by the laws of the State of Missouri, without giving effect to its conflicts-of-laws provisions, and all users of this e-MOMED Site submit to the exclusive personal jurisdiction and venue of the Federal and State courts of the State of Missouri with respect to any matters related to use of the e-MOMED Site or to these terms and conditions.
9. Amendments. This e-MOMED Access Agreement is subject to change at any time without notice. Your use of the e-MOMED Site after the posting of any amendments or modifications to this e-MOMED Access Agreement which can be found at manuals.momed.com/application.html constitutes Your acknowledgment of such amendments and modifications and Your agreement to abide, and be bound, by this e-MOMED Access Agreement as so amended and modified. If You do not accept the terms and conditions of this e-MOMED Access Agreement as the terms and conditions exist on the date of Your use of the e-MOMED Site, then you will not be given access to eMOMED.
