United Healthcare Point of Care Assist (“POCA”) Product-Specific Terms - Vim

United Healthcare Point of Care Assist (“POCA”) Product-Specific Terms

  1. 1. United Healthcare Point of Care Assist (“POCA”) Product-Specific Terms.  This Appendix contains the specific terms and conditions applicable to POCA, meaning those terms and conditions that are different or additional to the Terms that apply to Covered Provider’s access to and use of POCA in connection with Vim Connect and the Services, as applicable.
  2. 2. Definitions
    1. The “Vim Contracted Payer” means United Healthcare.
    2. The “Hosted Service” means Vim Connect.
    3. “Authorized User” means each health care provider with a unique NPI number (or their delegate(s)) who is authorized to access and utilize POCA.
  3. 3. POCA Product-Specific Terms.  In consideration of the mutual covenants contained herein, the Parties agree as follows:
    1. Covered Provider acknowledges and agrees that to the extent that the Hosted Services include information provided by the Vim Contracted Payer (including but not limited to prior authorization, cost transparency and gaps in care information), such information is made exclusively available by the Vim Contracted Payer, and that Vim has no liability for the content or accuracy of such information.
    2. Vim hereby warrants and represents (the “Warranty”) that the Hosted Services provided hereunder will perform in substantial conformity with the applicable specifications (including but not limited to any applicable security requirements) as agreed between Vim and the applicable Vim Contracted Payer, a copy of which will be provided upon request (the “Specifications”).  In the event of a breach of the Warranty, Vim will use commercially reasonable efforts to repair or replace all or any component of the Hosted Services at no charge.  Vim shall have no Warranty obligations, however, if the Hosted Services were changed or modified by Covered Provider or any third party (unless such modifications were approved by Vim) or if the Hosted Services are not operating on equipment or a system as specified in the Specifications or approved by Vim.
    3. Vim may deprecate any portion, aspect or feature of the Hosted Services for any reason, or no reason, at any time upon thirty (30) days’ notice to Covered Provider.  Vim may immediately suspend or terminate Covered Provider’s or any Authorized User’s access to and use of the Hosted Services or any portion, aspect or feature of the Hosted Services, or delete Covered Provider’s or any Authorized User’s profile and any materials or information that are posted on the Hosted Services for reasons related to an actual, threatened or suspected security incident and/or violation of the applicable Terms without notice to Covered Provider.
    4. LIMITATION OF LIABILITY.  EXCLUDING CLAIMS FOR GROSS NEGLIGENCE, WILLFUL OR UNLAWFUL MISCONDUCT, BREACH OF ITS THIRD-PARTY INDEMNITY OBLIGATIONS AND/OR BREACH OF ITS CONFIDENTIALITY OBLIGATIONS HEREUNDER, UNDER NO CIRCUMSTANCES WILL EITHER PARTY TO THIS AGREEMENT BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT OR ANY SOW ENTERED HEREUNDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL VIM’S LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR AN ENROLLMENT FORM EXCEED THE FOLLOWING AMOUNTS:

      PROVIDER GROUP SIZE
      LIMITATION OF LIABILITY
      0-50 Users $5,000
      51 – 500 Users $50,000
      >500 Users $100,000