PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. REFERENCE TO THIS "SITE" MEANS OUR INTERNET WEBSITES, BMIQ.COM AND CMSNONLINE.COM.
This Site and its contents are designed to comply with U.S. laws and regulations.
Scope; Description of Services.
This Site contains material and information about BMIQ and its various programs, services and products. The information within this Site includes articles, references, tools, programs, resources for healthcare professionals and referral patients. You will be able to access sections of this Site without having to register any details with BMIQ; however, particular areas of this Site will only be accessible if you have registered.
Please note that certain Sections of this Site are intended for licensed healthcare professionals or their referral patients. As a healthcare professional, you must always remember that this Site is not meant to serve as a substitute for your own clinical judgment as a healthcare professional or medical advice. If you are a referral patient or consumer who elects to browse this Site or use any of the information or services available through this Site, you should not rely on that information or services as professional medical advice or use it to replace any relationship with your physician or primary healthcare professional.
For medical questions, including decisions about medications and other treatments, a patient or consumer should always consult their physician or seek immediate emergency medical assistance (emergency telephone number 911).
We take all reasonable steps to ensure that this Site is available 24 hours every day, 365 days per year. However, sites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time. This Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
Educational Tools and Databases.
Our Site includes educational programs and practice tools and databases intended for use by healthcare professionals. Our programs, tools and databases do not provide professional advice or recommend particular products. Physicians and other healthcare professionals who use our programs, tools or databases must always exercise their own clinical judgment as to the information they provide. Consumers who use these programs, tools and databases do so at their own risk.
Patients or consumers are specifically cautioned to seek professional medical advice before beginning any sort of treatment or following any type of program. For medical concerns, including decisions about medications and other treatments, patients and consumers should always consult their referring physician or other qualified healthcare professional. Indeed, only your doctor or other health care professional, as a learned intermediary, can determine if a product or treatment described in this, or any, Site is appropriate for you.
PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY PROGRAM, TOOL, SERVICE OR PRODUCT DISCUSSED OR OFFERED WITHIN THIS WEB SITE.
As a healthcare professional and user of this Site, you are responsible for the accuracy of your state license number and your professional representation that you provide to us.
As a patient or other consumer and user of this Site, you are responsible for the accuracy and completeness of the information that you provide to us, including, but not limited to, your personal information, and, if applicable, your personal and medical history.
When you respond with feedback, such as questions, comments, suggestions or the like, to areas of our Site that are publicly available, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display that information. Unless you advise us to the contrary, and subject to requirements under applicable copyright and patent laws, we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation.
Registration and Privacy
Any user of this Site agrees to be responsible for all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which BMIQ, its affiliates, members, managers, officers, employees, and authorized representatives may incur as a result of either: (i) such user's breach of this Agreement; or (ii) material entered into BMIQ.com with the use of the user's password or other access or identification. Any user of this Site may not, knowingly:
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or account. You are responsible for all activities that occur under your password or account. It is your sole responsibility to (1) control the dissemination and use of activation or identification codes and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform us of any need to deactivate a password. You grant us and all other persons or entities involved in the operation of this Site or any of its programs the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using our tools, programs and other services.
Links to Other Sites – Not Endorsements
This Site contains links to non-BMIQ internet sites. BMIQ has not reviewed non-BMIQ sites and BMIQ assumes no responsibility for the content of non-BMIQ internet sites to which we provide links. Links to non-BMIQ internet sites do not imply the endorsement or approval of such web sites, products, services or publications by BMIQ. If you choose to access a non-BMIQ site, it is at your own risk.
We reserve the right to suspend or terminate your account if you violate this Agreement or if BMIQ discontinues, temporarily or permanently, the Site or any one or more of the programs, tools or other services offered by the Site. You agree that all terminations for cause shall be made in BMIQ's sole and absolute discretion. BMIQ shall not be liable to you or any third party for any termination of your account or access to any of the programs, tools or other services offered by the Site.
If your violation causes harm to others, you agree to be responsible for any and all loss, damage, or expense to BMIQ, including attorneys' fees and court costs.
We take all reasonable steps to ensure that the information related to the lifestyle intervention on this Site is correct. However, we do not guarantee the correctness or completeness of the information on this Site. We may make changes to the information related to the lifestyle intervention on this Site at any time upon written notice to users. If information on this Site is out of date, or on rare occasions incorrect, we will make every effort to promptly correct the information.
Except as set forth herein, the information at this Site is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Site on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
You are permitted to use this Site for your own purposes and to print and download material from this Site provided that you do not modify any content without our consent. Material on this Site must not be republished online or offline without our permission. The copyright and other intellectual property rights in all material on this Site are owned by us or our licensors and must not be reproduced without our prior written consent.
Except as expressly permitted in this Agreement, this Site may not be reproduced, transmitted, or distributed without BMIQ's prior written consent. A user may not commingle any portion of BMIQ.com with any other information and shall not edit, modify, or alter any portion thereof.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Representation, Information Submissions, Communication Services, Disclaimer, Miscellaneous.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
Active Information Collection
This Site actively collects information from its users both by asking you specific questions and by permitting you to communicate directly with us via e-mail and feedback forms. Some of the information that you submit may be personally identifiable information (that is, information that can be uniquely identified with you, such as your full name, gender, contact information and other personal information).
Some areas of this Site may require you to submit personal and medical information in order for you to benefit from the specified features (such as live or on-demand webcasts or video conferences) or to participate in a particular program or activity (such as health and weight loss monitoring). You will be informed at each information collection point what information is required and what information is optional.
Passive Information Collection
As you navigate through the Site, certain information can be passively collected (that is, gathered without your actively providing the information) using various technologies and means, such as internet protocol addresses, cookies, internet tags, and navigational data collection (e.g., the page from which you accessed our Site).
This Site may collect internet protocol (IP) addresses. An IP address is a unique number assigned to your computer by your Internet service provider so you can access the internet. We use this IP address to diagnose problems with our server, report aggregate information (e.g., how many Site visitors have we had during a webcast), determine the fastest route for your computer to use in connecting to our Site, and administer and improve the Site.
A "cookie" is a small text file that a web server sends to your personal computer, which helps the Site retain information about you and your preferences, so that you do not have to manually reenter these when you return to our Site (e.g., you can avoid having to reenter your email address each time you want to view a webcast). All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of this Site.
"Session" cookies are temporary cookies that are erased once you exit your web browser window or otherwise turn your computer off. Session cookies are used to lend continuity to navigating our Site and to collect aggregate statistical information. This Site uses session cookies.
"Navigational data" ("log files," "server logs," and "clickstream" data) are used for system management, to improve the content of the Site, and to communicate information to visitors. This Site uses navigational data.
As a service, BMIQ.com may feature teleconferences and other public forums offering online discussions that may or may not be moderated by healthcare professionals.
Any information shared that you reveal in a chat room, message board, teleconference or other public forum is by design open to the public and is not a private, secure service. You should think carefully before disclosing any personally identifiable or personal health information in any public forum.
Information Collected by Third Parties
BMIQ.com is an advertisement free site and this does not share any personal user information with sponsors or advertisers.
You might find links to third party websites on this Site. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
Use and Disclosure of Information
Regardless of how information about you is gathered or used on this Site, we have made every effort to conform with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), which, among other things, protects the privacy of a person's health history and current medical condition.
If you provide personally identifiable information to this Site, we may combine such information with other actively collected information unless we specify otherwise at the point of collection. We will take reasonable measures to prevent personally identifiable information from being combined with passively collected information, unless you consent otherwise.
We may disclose your personally identifiable information to third parties, located in the United States and/or any other country, but only:
In addition, we may make use of all information acquired through this Site that is not in personally identifiable form.
The Data Protection Act 1998 gives you the right to access the information that we hold about you. Should you wish to receive details that we hold about, please contact us using the contact details found below.
This Site is not intended for persons under the age of 18. We will not knowingly seek Site visitors in this age group or collect any personal information later determined to be from a user younger than 18.
We take reasonable steps to protect your personally identifiable information as you transmit your information from your computer to our Site and to protect such information once it is in our possession from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from this Site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Moreover, where you use passwords, usernames, or other special access features on this Site, it is your responsibility to safeguard them. Please note that BMIQ cannot ensure or warrant the security of any information you transmit to BMIQ via this Site, and you do so at your own risk.
Links to Other Web Sites
Any links on this Site operated by third parties are provided for your convenience only. We are not responsible for the content and performance of these web sites or for your transactions with them and our inclusion of links to such web sites does not imply any endorsement of the material on such web sites.
BMIQ.com and CMSNONLINE.com Legal Notice/Disclaimer/HIPPA Notice of Privacy Practices
No Warranties; Limitations On Liability
THIS SITE AND THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS AND MATERIALS CONTAINED ON THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OR GUARANTEE OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BMIQ.COM AND CMSNONLINE.COM DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS AND MATERIALS ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL CARDIOMETABOLIC SUPPORT NETWORK, LLC d/b/a BMIQ ("BMIQ") BE LIABLE FOR INDIRECT DAMAGES ARISING FROM THE USE OF THIS SITE OR ANY PROGRAMS, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON THIS WEB SITE, INCLUDING INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF BMIQ HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW. USER AGREES THAT FOR DIRECT DAMAGES OF WHATEVER KIND ASSESSED AGAINST BMIQ OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF RELATING TO USE OF THIS SITE, BMIQ SHALL NOT BE LIABLE FOR THOSE THAT EXCEED THE TOTAL AMOUNT THE USER PAID TO BMIQ FOR USE OF THIS SITE OR ANY INFORMATION OR OTHER SERVICE OFFERED THROUGH THIS SITE DURING THE PREVIOUS TWELVE (12) MONTHS, OR SUCH LESSER PERIOD OF USER'S SUBSCRIPTION, IF ANY, TO THE SITE OR ANY OF ITS PROGRAMS OR SERVICES.
ALL INFORMATION CONTAINED ON THIS WEB SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THIS WEB SITE DOES NOT CONTAIN INFORMATION ABOUT ALL OBESITY RELATED DISEASES OR OTHER DISEASES. ALL INFORMATION PROVIDED IN THIS WEB SITE IS ONLY GENERAL HEALTH INFORMATION AND IS INTENDED TO FACILITATE COMMUNICATION BETWEEN YOU AND YOUR PRIMARY PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. IT IS NOT INTENDED FOR DIAGNOSIS AND CANNOT PROVIDE A DIAGNOSIS FOR ANY PARTICULAR INDIVIDUAL. YOU SHOULD NOT USE IT AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE OR CARE. RELIANCE ON SUCH INFORMATION IS AT YOUR OWN RISK.
YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON OUR SITE. YOU SHOULD ALWAYS CONSULT YOUR OWN PRIMARY PHYSICIAN OR OTHER PROFESSIONAL HEALTHCARE PROVIDER WITH ALL SPECIFIC MEDICAL QUESTIONS ABOUT YOUR MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS.
BMIQ DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ASPECT OF HEALTHCARE ADMINISTRERED WITH THE AID OF CONTENT, INCLUDING BUT NOT LIMITED TO DRUG INFORMATION, AVAILABLE ON THIS SITE.
HIPAA Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. THE PRIVACY OF YOUR MEDICAL INFORMATION IS IMPORTANT TO US.
PLEASE REVIEW IT CAREFULLY. PLEASE KEEP FOR YOUR RECORDS
OUR LEGAL DUTY
Although Cardiometabolic Support Network, LLC d/b/a/ BMIQ ("Company") likely is not deemed a Covered Entity pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), because the Company values participant security and collects and stores PHI, it is the Company's policy to adopt HIPAA's requirements for the privacy of PHI as best practices. To that end, we voluntarily will follow the privacy practices that are described in this Notice while it is in effect. This Notice will remain in effect until we replace it.
We reserve the right to change our privacy practices and the terms of this Notice; provided, such changes are permitted by applicable law. We reserve the right to make the changes in our privacy practices and the new terms of our Notice effective for all health information that we maintain, including health information we created or received before we made the changes. We will provide you with a ninety (90) day notice if the changes are material and, we will obtain your consent. Unless expressly otherwise agreed, all material changes will apply prospectively only. If you have provided your email address to us or have an active account on this website, we will notify you of material changes via email and we will ask you to affirmatively consent to the changes (e.g., by checking a box or clicking a button) at the time of your next account login on this website.
You may request a copy of our Notice at any time. For more information about our privacy practices, or for additional copies of this Notice, please contact us using the information listed at the end of this Notice.
USES AND DISCLOSURES OF HEALTH INFORMATION
We may use and disclose health information about you for weight management services and operations.
Operations: We may use and disclose your health information in connection with your weight management services. Operations include quality assessment and improvement activities, reviewing the competence or qualifications of our employees or independent contractors, evaluating practitioner and provider performance, conducting training programs, accreditation, certification, licensing or credentialing activities.
Your Authorization: In addition to our use of your health information for weight management services operations, you may give us written authorization to use your health information or to disclose it to anyone for any purpose. If you give us an authorization, you may revoke it in writing at any time, by contacting us via email at email@example.com or calling 631-676-4802. Your revocation will not affect any use or disclosures permitted by your authorization while it was in effect. Unless you give us a written authorization, we cannot use or disclose your health information for any reason except those described in this Notice.
Persons Involved In Care: We may use or disclose health information to notify, or assist in the notification of (including identifying or locating) a family member, your personal representative or another person responsible for your care, of your location, your general condition, or death. If you are present, then prior to use or disclosure of your health information, we will provide you with an opportunity to object to such uses or disclosures. In the event of your incapacity or emergency circumstances, we will disclose health information based on a determination using our professional judgment disclosing only health information that is directly relevant to the person's involvement in the services provided to you.
Marketing Health-Related Services: We will not use your health information for marketing communications.
Required by Law: We may use or disclose your health information when we are required to do so by law.
Business Associates: We may disclose your health information to healthcare providers, such as doctors, nurses, dietitians, and other "business associates" who need the information in order to assist us with your weight management services, or carrying out our business operations, as defined above. If we do disclose your health information to a business associate, we will have a written contract to ensure that our business associate also protects the privacy of your health information.
Public Health Activities and Oversight Activities: We may disclose your health information to authorized public health officials so they may carry out their public health activities under the law or to government agencies authorized to conduct audits, investigations, and inspections of our operations, as defined above.
Abuse or Neglect: We may disclose your health information to appropriate authorities if we reasonably believe that you are a possible victim of abuse, neglect, or domestic violence or the possible victim of other crimes. We may disclose your health information to the extent necessary to avert a serious threat to your health or safety of the health or safety of others.
National Security: We may disclose to military authorities the health information of Armed Forces personnel under certain circumstances. We may disclose to authorized federal officials health information required for lawful intelligence, counterintelligence, and other national security activities. We may disclose to correctional institution or law enforcement official having lawful custody of protected health information of inmate or participants under certain circumstances.
Law Enforcement: We may disclose your health information to law enforcement officials for certain reasons that are allowed by law.
Lawsuits and Disputes. We may disclose your health information if we are ordered to do so by a court or administrative tribunal that is handling a lawsuit or other dispute, including in response to a subpoena, discovery request or other lawful request.
Serious Threat to Health or Safety. We may use your health information or share it with others when necessary to prevent a serious and imminent threat to your health or safety, or the health or safety of another person or the public.
Military and Veterans. If you are in the Armed Forces, we may disclose health information about you to appropriate military command authorities for activities they deem necessary to carry out their military mission.
Appointment Reminders: We may use or disclose your health information to provide you with appointment reminders (such as voicemail messages, postcards, or letters).
Research: Under certain circumstances, we may use and disclose medical information about you for research purposes. For example, a research project may involve comparing the health and recovery of patients who received one intervention to those who received another, for the same condition. All research projects, however, are subject to a special approval process before your medical information may be used or disclosed. If you are participating in a research study using BMIQ, your informed consent will describe in detail who will have access to your information collected via BMIQ. Your information will be stored in BMIQ for five years after completion of the research study.
Access: You have the right to look at or get copies of your health information, with limited exceptions. You may request that we provide photocopies. We will use the format you request unless we cannot practicably do so. You must make a request in writing to obtain access to your health information. You may request access by sending us a letter to the address at the end of this Notice.
Disclosure Accounting: You have the right to receive a list of instances in which we or our business associates disclosed your health information for purposes, other than weight management services, payment, operations and certain other activities, for the last 6 years for written records and all disclosures of an electronic record for the last 3 years. If you request this accounting more than once in a 12-month period, we may charge you a reasonable, cost-based fee for responding to these additional requests.
Right to Receive Notification of a Breach: You have the right to be notified of a breach of your Unsecured protected health information if the breach poses a significant risk of identity theft, financial, reputational or other harm to you within sixty (60) days of the discovery of the breach. The notice will include a description of what happened, including the date, the type of information involved in the breach, steps you should take to protect yourself from potential harm, a brief description of the investigation into the breach, mitigation of harm to you and protection against further breaches and contact procedures to answer your questions
Restriction: You have the right to request that we place additional restrictions on our use or disclosure of your health information. We are not required to agree to these additional restrictions, but if we do, we will abide by your agreement (except in an emergency).
Alternative Communication: You have the right to request that we communicate with you about your health information by alternative means or to alternative locations (You must make your request in writing.) Your request must specify the alternative means or location, and provide satisfactory explanation how payments will be handled under the alternative means or location you request.
Amendment: You have the right to request that we amend your health information. (Your request must be in writing, and it must explain why the information should be amended.) We may deny your request under certain circumstances.
Electronic Notice: If you receive this Notice on our Web site or by electronic mail (e-mail), you are entitled to receive this Notice in written form.
QUESTIONS AND COMPLAINTS
If you want more information about our privacy practices or have questions or concerns, please contact us. If you are concerned that we may have violated your privacy rights, or you disagree with a decision we made about access to your health information or in response to a request you made to amend or restrict the use or disclosure of your health information or to have us communicate with you by alternative means or at alternative locations, you may complain to us using the contact information listed at the end of this Notice. You also may submit a written complaint to the U.S. Department of Health and Human Services. We will provide you with the address to file your complaint with the U.S. Department of Health and Human Services upon request.
We support your right to the privacy of your health information. We will not retaliate in any way if you choose to file a complaint with us or the U.S. Department of Health and Human Services.
Contact Officer: Guadalupe Minero, HIPAA Officer
Address: BMIQ, 15 East Putnam Avenue #528, Greenwich, CT 06830 - 5434