Note: Clearpath does not charge patients fees to receive, store, or share medical records and imaging. If you're a patient receiving records from your healthcare facility, digital delivery via Clearpath is included and you will not be billed.
Welcome to the Clearpath Terms of Service (“Terms of Service,” “Terms,” or "TOS").
Clearpath is a service operated by Authentic, Inc. that enables query, retrieval, storage, viewing, and transmission of Records between Patients, Providers, Facilities, and Requestors (each defined below). The Services include our various websites, web applications, mobile applications, products, features, information, tools, and other services available to you, the user.
Throughout these Terms and across our Services, the terms “we,” “our,” “us,” “Clearpath,” or “Authentic,” refer to Authentic, Inc. Capitalized terms used herein and not otherwise defined herein shall have the meaning assigned to such terms Section 1 (“Definitions”).
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions contained herein, then you may not access or use any of our Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new products, features, or tools we add to the Services shall also be subject to the Terms of Service.
By visiting our website, using our mobile apps, creating an account, clicking a box indicating acceptance of these Terms, executing an Order Form (defined below) that references these Terms, or accessing or using any other Services, you agree to be bound by these Terms, which constitute a legally enforceable agreement between Clearpath and you, the user (“you” or “your”). Additional terms that are specific to a particular aspect of the Services may be set forth in connection with your use of that particular aspect of the Services, and any such additional documentation you may be required to agree to as part of the Services is hereby incorporated herein by reference.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website and/or Services following the posting of any changes constitutes acceptance of those changes.
THE SERVICES ARE INTENDED TO PROVIDE YOU ACCESS TO RECORDS AND IS NOT INTENDED TO PROVIDE YOU WITH ANY MEDICAL ADVICE. FOR ADVICE ABOUT YOUR RECORDS, INCLUDING ANY MEDICAL IMAGING RESULTS, YOU SHOULD CONSULT YOUR HEALTHCARE PROVIDER.
THE SERVICES ARE NOT DESIGNED OR INTENDED FOR USE IN EMERGENCY SITUATIONS. IF YOU THINK YOU MAY HAVE AN EMERGENCY SITUATION, CALL 9-1-1. DO NOT USE THE CLEARPATH SERVICES FOR EMERGENCIES.
These Terms provide that all disputes between you and Clearpath with respect to your use of the Services will be resolved by BINDING ARBITRATION, to the fullest extent permitted under applicable law. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court, to the fullest extent permitted under applicable law. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action, to the fullest extent permitted under applicable law. Please review the section titled “Mandatory Arbitration” for the details regarding your agreement to arbitrate any disputes with Clearpath.
Defined terms have the meanings set forth in this Section 1 (Definitions) and elsewhere in these Terms when capitalized, and may be read in singular, plural or an alternative tense, as the context requires.
“Agreement” means any instrument executed between Authentic, Inc. and any Client to: (a) license any Services to that Client; and (b) set forth various terms and conditions governing the Client’s use of the Services.
“Authorization” means the process that any Facility undertakes to evaluate any Request and review any Proof of Authorization to validate the Request and make the decision to Release the applicable Patient’s Records to any Authorized Party.
“Authorized Party” means any Requestor, Delegate, or Third-party Provider that possesses valid authorization to receive any Records: (a) pertaining to an applicable Request as determined by a Facility in its sole discretion subject to validation via a Facility’s Authorization process; or (b) as expressly authorized by any Patient through the sharing features within the Services.
“Authorized User(s)” means any employee, contractor, or other agent of any Client, who is authorized to use the Services by the Client they are acting on behalf of.
“Cancelation Fee(s)” means any fees that are established, set, and billed by Clearpath to any Patient, Requestor, or other Authorized Party from time to time, and modified from time to time in Clearpath’s sole discretion, in connection with canceled Requests. Cancelation Fees do not include Release Fees or Service Fees.
“Clearpath Platform” means the technology platform, including various supporting capabilities, which may include, for example, hardware, software, databases, source code, APIs, integrations with third-party Non-Clearpath Applications, methods, processes, and communications networks that Clearpath builds, provides, and maintains, and which collectively facilitate the Services.
“Clearpath Services” or “Service(s)” means the products and services that are provided and made available online by Clearpath, including the Clearpath Platform and other associated offline or mobile components that enable the query, retrieval, storage, transmission, and viewing of Records. Services exclude Content and Non-Clearpath Applications.
“Client(s)” means any Facility or other entity that executes an Agreement with Authentic, Inc.
“Content” means information obtained by Clearpath from publicly available sources or third-party content providers and made available to you during the course of your use of the Services.
“Delegate(s)” means any authorized individual, including without limitation family members, caregivers, or medical coordinators that Patients may grant access to any Patient’s Records from time to time.
“Documentation” means the applicable Service’s usage guides and policies, as updated from time to time, accessible via our help center or by logging into the applicable Service.
“Facility” or “Facilities” means any healthcare entity, medical imaging center, hospital, health system, or other Records custodian.
“Fee(s)” means any fees billed by Authentic, Inc. to any User in consideration of their use of the Services. Fees may include: (a) Subscription Fees; (b) Per-Use Fees; (c) Service Fees; and (d) Payment Processing Fees. “Subscription Fees” means any annual or monthly license fees payable by any Client for any Services licensed under an applicable Agreement. “Per-Use Fees” means any variable fees any Client may incur based on their ongoing usage of the Services. Service Fees shall have the meaning set forth herein. “Payment Processing Fees” means any fees any Client or User may incur based on collecting payments from via a third-party payment processor integrated into the Services. All Fees incorporate both software licensing and services fees, and are exclusive of Taxes.
“Free Service(s)” means any Clearpath Services provided to Users free of charge (and excludes Premium Services, including those that are offered under a free trial).
“Order Form” means an ordering document or online form specifying any Premium Services to be provided hereunder that is entered into between you and Clearpath, including any addenda and supplements thereto.
“Non-Clearpath Application” means web-based, mobile, offline or other software functionality that interoperates with a Clearpath Service, or that is provided as part of or in conjunction with the Clearpath Services.
“Patient(s)” means any individual person who is the subject of Records who may use the Services to request, receive, store, or share Records, and appoint Delegates to act on their behalf.
“Premium Services” means any Clearpath Services provided hereunder or any under any Agreement that are purchased by you under an Order Form or online purchasing portal or under a free trial.
“Proof of Authorization” means any valid patient authorization form, subpoena, or other documentation provided by any Requestor or other Authorized Party and validated by any Facility via the Facility’s Authorization process.
“Protected Health Information” or “PHI” shall have the meaning set forth in the Health Insurance Portability and Accountability Act (HIPAA).
“Provider(s)” means any healthcare professional, including without limitation medical practices, individual practitioners, hospitals, medical imaging centers, and other entities/facilities, from whom you may request or receive Records, or with whom you may share Records using the Clearpath Services.
“Record(s)” means any medical, health, billing, or other record, including any reports and medical imaging studies (including, for example, x-rays, MRIs, CT scans, or ultrasounds) that: (a) any Patient or Authorized Party may request, receive, upload, store, or share via the Services; and (b) any Facility may Release via the Services.
“Release” means the authorized (pursuant to the Authorization process) release of Records by any Facility to any Patient or Authorized Party.
“Release Fee(s)” means any fees that are established, set, and billed by any Facility to any Patient, Requestor, or other Authorized Party from time to time, and modified from time to time in the Facility’s sole discretion, in connection with the Release of Records via the Services. Release Fees do not include Service Fees.
“Request” means any request for the Release of Records made via the Services.
“Requestor(s)” means law firms, insurance companies, record retrieval companies, and other third-parties who may request and receive Records pertaining to any Patient from time to time.
“Service Fee(s)” means any fees that are established, set, and billed by Clearpath to any Patient, Requestor, or other Authorized Party from time to time, and modified from time to time in Clearpath’s sole discretion, in connection with the Release of Records via the Services. Service Fees do not include Release Fees.
“Taxes” means any sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable hereunder.
“Third-party Provider(s)” means any authorized healthcare provider, including without limitation referring providers or general practitioners, to whom Patients or Facilities may grant access to any Patient’s Records from time to time.
“Term” means any term set forth in any Agreement, or in the absence of an Agreement, the term during which any User uses the Services until the User terminates their Clearpath account.
“User(s)” means any individuals using the Services, including Patients, Delegates, Third-party Providers, and other Authorized Parties. Users do not include Clients.
These Terms apply to the use of any of the Services by all Users, Clients, and Client Authorized Users as further described below.
1.1. Effect of Terms. You will not use any of the Services, in a manner inconsistent with (i) these Terms, or (ii) any applicable laws and regulations.
1.2. Order of Precedence; Relationship with Other Agreements. If you have not executed a separate written Agreement with Authentic, Inc. related to the Services, these Terms constitute the entire agreement between you and Authentic, Inc. related to the Services, replacing any prior agreements. If you have executed a separate written agreement with Authentic, Inc. and there is any conflict between these Terms and the signed written Agreement, the signed written Agreement will control.
1.3. Your Account and Use of Clearpath. To access the Services, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself. You must provide accurate and complete registration information when you register to use the Clearpath Services. It is your responsibility to provide us with a true, accurate, and complete email address, and other information related to your account(s), and to maintain and promptly update any changes in this information.
1.4. Securing Your Account. You are responsible for maintaining the confidentiality and security of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Clearpath of any unauthorized use of your account or password or any other breach of security; and (b) ensure that you exit from your account at the end of each session. Clearpath shall not be liable for any loss or damage arising from your failure to comply with these Terms. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@myclearpath.com.
1.5. Safeguarding Mobile Devices. If you use mobile services (such as our mobile applications or web apps from a mobile phone) to enter and maintain your personal information, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as username and password). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information may be accessible to others.
1.6. Account Sharing Prohibited. The following actions are expressly prohibited in relation to your username and password: (a) Sharing, disclosing, permitting access to or otherwise facilitating the use by any person of your username and password; (b) Using the username and password to cache the Services in such a manner as to be accessible by persons who have not registered with Clearpath; or (c) Using the username and password to permit multiple persons access to the Services through a local or wide area network.
1.7. Regaining Access to Lost Accounts. If you have forgotten your username or password, you may email us at support@myclearpath.com, and we will use an email address provided by you to send your username or temporary password. You understand that others with access to that email address will be able to gain access to your account information.
1.8. Terminating Your Account. You may terminate your account at any time by following any account termination steps on the Clearpath Platform or requesting help terminating your account from the Clearpath support team.
1.9. Premium Services. Clearpath may from time to time make available for purchase, and you may purchase from Clearpath, Premium Services by (a) executing a separate Agreement with Authentic; or (b) completing an Order Form within the Services. Premium Services shall be governed by both these Terms and the terms set forth in the applicable agreement or Order Form. In the event of any conflict between any Agreement or Order Form, and these Terms, the applicable Agreement or Order Form shall govern. You shall pay to Clearpath any applicable fees in connection with any Premium Services, including any Per-use Fees, Subscription Fees, and/or Service Fees. Fees do not include Taxes. You shall be responsible for payment of any Taxes and any related interest and/or penalties resulting from any payments made hereunder.
1.10. License. The Services are owned and operated by Authentic, Inc. We grant to you, for your personal purposes only, a nonexclusive, limited and revocable right to access and use the Services: (a) for an unspecified term in the case of Free Services; and (b) during the Term of the Services in which you are enrolled in the case of Premium Services, so long as you comply with the terms of these Terms in both cases.
1.11. License Limitations. You agree not to use the Services for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Clearpath Services without our prior written consent. Except and solely to the extent permitted by applicable law notwithstanding these restrictions, you may not at any time, directly or indirectly, and may not permit any other person to: (i) reproduce, distribute, or publicly display, the Services or any part thereof; (ii) reverse engineer, decompile, or make modifications to the Clearpath Services or any part thereof; (iii) access the Services if you are a competitor or provide access to any competitor; or (iv) interfere with or circumvent any feature of the Services or any part thereof, including any security or access control mechanism. If you are prohibited under applicable law from using the Services, you may not use them.
1.12. Use of your Information, Privacy Policy and Practices. If you create, transmit, or display information while using the Services, you may provide only information that you own or have the right to use. Clearpath will only use information you provide as permitted by the Clearpath Privacy Policy (www.myclearpath.com/legal/privacy). The Clearpath Privacy Policy identifies the information we collect through the Clearpath Services, the steps We take to protect it, and your rights regarding how that information is used and disclosed. You understand that if you disclose information to another individual or entity that, to the extent the information is protected by the Health Insurance Portability and Accountability Act of 1996, (HIPAA) and its implementing regulations, such information may no longer be protected by HIPAA.
1.13. Protecting Your Information. Clearpath engages in commercially reasonable efforts to protect the confidentiality, availability, and integrity of the Services, but it cannot guarantee continuous error-free operation at all times, and you understand that you shall not be entitled to refunds or other compensation based on Clearpath’s failure to provide any of the foregoing other than as explicitly provided in these Terms. Some jurisdictions do not allow the disclaimer of implied warranties, and, to that extent, the foregoing disclaimer may not apply to you. To the extent applicable (i.e., for Providers), Clearpath does not guarantee that by mere use of the Services you will be in compliance with HIPAA, and you understand and agree that you are responsible for maintaining any other administrative, technical, and physical measures required to maintain appropriate information security with respect to protected health information that you create, receive, maintain, and/or transmit and to otherwise comply with HIPAA.
1.14. Eligibility & Legal Use. By agreeing to these Terms of Service, you represent that you are at least 18 years of age (or otherwise the applicable age of majority in your local jurisdiction), or that you are the age of majority in your local jurisdiction and you have given us your consent to allow any of your minor dependents to use this site. Your use of the Services and any Content must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software, and in the case of Facilities, statutory limitations on fees charged to Requestors. You may not interfere with or disrupt the proper operation of the Services.
1.15. No Unauthorized or Illegal Use. You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not transmit any viruses, worms, or any code of a malicious or destructive nature. We reserve the right to refuse service to anyone for any reason at any time. In using the Services, you agree not to: (a) Send or otherwise transmit to or through the Services any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Services or computers of any kind, and any unsolicited advertising, solicitation or promotional materials; (b) Misrepresent your identity or affiliation in any way or perform any other fraudulent activity; (c) Restrict or inhibit any person from using the Services, disclose personal information obtained from the Services or collect information about other users of the Services; (d) Reverse engineer, disassemble or decompile any section or technology of the Services, or attempt to do any of the foregoing; (e) Gain unauthorized access to the Services, to other users' accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Services; (f) Launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; (g) Send or otherwise transmit to or through the Services unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services; (h) Post, transmit or otherwise make available any virus, worm, spyware, malware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment; (i) Violate any applicable laws or regulations in any way; (j) Alter or modify any part of the content or services offered on or through the Services; (k) Allow any other person to use the Services with your registration or login information; (l) Breach or otherwise circumvent our security or authentication measures; or (m) Attempt to or assist or permit any persons in engaging in any of the activities described above.
1.16. Breaches & Remedies. Any breach or violation of any of the Terms may result in an immediate termination of your Services. You acknowledge that a breach of certain provisions of these Terms may cause irreparable harm to Authentic for which monetary damages would be inadequate. Therefore, we may seek injunctive relief, such as temporary or permanent injunctions, in addition to other remedies. You agree that no bond or other security is required for such relief. This clause does not waive any other available rights or remedies.
1.17. Intellectual Property. All materials available through the Services may be accessed, downloaded, or printed for noncommercial purposes and solely within the scope allowable by these Terms. No other use of these materials may be made without our express written permission. Any unauthorized use of the words or images from the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. The Services include materials that are derived in whole or in part from materials that are copyrighted, including the format and layout of the Services. The copyrights are owned by Clearpath, or licensed from content providers. None of the names, trademarks, service marks and logos of Clearpath or third parties appearing within the Services may be used in any advertising, publicity, or otherwise to indicate Clearpath’s or such third party’s sponsorship of or affiliation with any product or service without our express written permission or such third party. Nothing contained within the Services should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on or through the Services without the written permission of Clearpath or the third-party owner of the trademark, if any. The Services may contain other proprietary notices and copyright information, the terms of which must be observed and followed by you. Clearpath reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Clearpath intellectual property. If you provide suggestions, ideas, feedback, or recommendations (“Feedback”) to Clearpath, we are free to use, disclose, reproduce, license, or otherwise distribute, and exploit the Feedback as we see fit, without an obligation or restriction of any kind to you.
1.18. Third-Party Content. The Services may contain third party-owned content (e.g., articles, tutorials, definitions of medical terms, visualizations of anatomy, descriptions of medical conditions, etc.) and may also include hypertext links to third party-owned websites. We provide such third-party content and links as a courtesy to you.
In the case of enhanced patient reports, the information contained in your radiology report(s) may be transmitted to Scanslated, Inc. ("Scanslated") for the purpose of generating enhanced patient reports. By using the enhanced patient reports feature, you are submitting your content to Scanslated, thereby agreeing to Scanslated's processing of your information as governed by the Scanslated Terms of Use available at https://scanslated.com/terms-of-use/.
We have no control over any third-party owned content or websites accessed by or available through the Services and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third-party content or websites or for the availability of such content or websites. Any views expressed by third parties on the Clearpath Services are solely the views of such third party and Clearpath assumes no responsibility for the accuracy or veracity of any statement made by such third party. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD-PARTY OWNED CONTENT (WHETHER PUBLISHED IN THE CLEARPATH SERVICES, OR PROVIDED IN CONNECTION WITH THE CLEARPATH SERVICES) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD-PARTY WEB SITE OR CONTENT. IF YOU CLICK ON THE LINKS TO THIRD – PARTY SITS OR SERVICES FROM CLEARPATH, YOU SHOULD CONSULT THE POLICY STATEMENTS OF EACH OF THOSE SERVICES.
1.19. Artificial Intelligence and Automation Tools. Clearpath may use artificial intelligence, machine learning, automated agents, or similar technologies (“AI”) to support certain aspects or features of the Services, including system operations, workflow automation, and customer support. These tools may generate responses or assist with system interactions and are provided for your convenience. AI generated responses may not always be accurate. You should not rely on AI-generated responses as a sole source of truth, and you are responsible for reviewing and verifying information generated through AI-enabled features before relying on it. Clearpath makes no representations or warranties regarding the accuracy or completeness of AI-generated responses, and we reserve the right to modify or discontinue the use of AI-enabled features at any time.
1.20. Computer Equipment; Browser Access and Internet Services. You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for you to access and use the Clearpath Services. This responsibility includes, without limitation, your utilizing up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider, and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet, and you hereby expressly assume such risks. You acknowledge that you are responsible for the data security of the Systems used to access the Clearpath Services, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested access to the specific Clearpath Services for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems, and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your System.
1.21. Consent to Electronic Communications. By providing your contact information to us, you agree that Clearpath may contact you regarding information about a Clearpath Service.
You acknowledge and consent to receive communications by, but not limited to, email, regular mail, manual or automated text message or SMS, MMS, push notification or in-app message, manual or automated telephone calls, or other reasonable means now known or hereafter developed regarding your healthcare and other services through the contact information you have provided, including your wireless number. You acknowledge that you may be charged for such communications by your wireless carrier and you are responsible for those charges. We are not responsible for the timeliness or final delivery of these electronic communications, as that is outside our control and is the responsibility of the cellular telephone operator or other networks. Notwithstanding the foregoing, we will use your contact information in accordance with our Privacy Policy.
Clearpath may record inbound and outbound calls and/or meetings for quality monitoring and training purposes. You acknowledge and consent to the recording of phone calls between you and Clearpath. You may request that the call not be recorded.
Clearpath’s SMS messaging is supported by the following mobile operators: T-Mobile, AT&T, Verizon Wireless, Sprint, Nextel, Boost, Metro PCS and others. If your mobile operator is not supported, you will not receive a reply to your messages. Prepaid cell phone users may not be able to participate – check with your mobile operator. Your mobile operator may charge standard and other text messaging fees for text messages sent and received. Neither Clearpath nor the mobile operators listed above shall be liable for delayed or undelivered messages.
Message frequency is recurring/ongoing based on your preferences as indicated under “Communication Preferences” in your account. Text STOP at any time to end a conversation using the SMS text service. You may continue to receive other SMS messages in which you are enrolled.
SMS text messaging is not required as a condition of registering for or using the Clearpath Services. If you do receive SMS text messages, you acknowledge that such messages will be sent to the phone number you provide to Clearpath. Such messages may include protected health information (PHI) based on your account preferences, and whoever has access to devices connected to that number will also be able to see this information. Additionally, you acknowledge that emails and SMS text messages may not be a secure method of communication and that they are sent through an unencrypted method of communication and that information contained in an unencrypted message is at risk of being intercepted and read by, or disclosed to, unauthorized third parties, such as your mobile operator’s SMS text messaging system. Message and data rates may apply.
The Clearpath Services also offers access to messages via email. You acknowledge that communications will be sent to the email address you provide to Clearpath. Such alerts may include PHI based on your account preferences, and whoever has access to the email address will also be able to see this information. Additionally, you acknowledge that email may not be a secure method of communication and that they may be sent through an unencrypted method of communication and that information contained in an unencrypted email is at risk of being intercepted and read by, or disclosed to, unauthorized third parties, such as your email service provider.
1.22. Modification & Termination of the Services. Clearpath reserves the right to terminate accounts for any reason it deems appropriate including, but not limited to, a belief that your conduct or your use of the Services violates applicable laws or is harmful to the interests of Clearpath or any other users. Clearpath also may place limits on, modify, suspend or terminate the Services generally, and may suspend or terminate your use of the Services at its discretion. This suspension or termination may delete your information, files, and other previously available content. If Clearpath terminates the Services or your use of the Services, these Terms shall also terminate, subject to the limitations of Section 1.X (“Surviving Provisions”).
1.23. Disclaimer of Warranty; Limitation of Liability.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CLEARPATH, ITS AFFILIATES AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLEARPATH, OR ANY CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING CLEARPATH OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THAT CONTENT.
CLEARPATH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF ANY DATA OR CONTENT PROVIDED BY YOU OR THIRD PARTIES, OR OF ANY CONTENT GENERATED BY THE DATA STORED BY YOU THROUGH THE SERVICES. IN PARTICULAR, CLEARPATH MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY INFORMATION BASED ON SUCH DATA OR CONTENT WILL BE IN COMPLIANCE WITH GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION.
YOUR USE OF THE SERVICES ARE AT YOUR OWN RISK. ACCESS TO THE SERVICES MAY BE INTERRUPTED, AND INFORMATION, SERVICES, AND MATERIALS MAY NOT BE ERROR-FREE. NONE OF CLEARPATH, ITS AFFILIATES, ITS CLIENTS, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE CLEARPATH SERVICES OR THE INFORMATION, SERVICES, AND MATERIALS CONTAINED THEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON THE SERVICES; PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY LAW: (A) CLEARPATH, AND ITS LICENSORS AND SERVICE PROVIDERS, AND ALL OF ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, SHAREHOLDERS, MEMBERS, EMPLOYEES, PARTNERS, SUCCESSORS, AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING UNDER THESE TERMS OR ASSOCIATED WITH YOUR USE OF THE SERVICES, OR YOUR INABILITY TO USE, OR WITH RESPECT TO ANY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, OR USE OF DATA, LACK OR LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE (EVEN IF CLEARPATH OR ITS APPLICABLE LICENSOR(S) OR SERVICE PROVIDER(S) HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES), AND (B) CLEARPATH’S MAXIMUM AGGREGATE LIABILITY OF ANY KIND ARISING UNDER OR RELATING TO THESE TERMS, THE CLEARPATH SERVICES, ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR CONTENT SHALL BE ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR ANY OTHER LEGAL THEORY; MOREOVER, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR CLARITY, CLEARPATH SHALL NOT BE LIABLE FOR ANY MENTAL OR PHYSICAL INJURY TO INDIVIDUALS AS A RESULT OF SERVICES, OPINIONS, ADVICE, OR RECOMMENDATIONS FROM CONTENT OR PROVIDERS FOUND OR CONTACTED VIA THE SERVICE.
NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY IN A MANNER THAT IS NOT PERMISSIBLE UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF IMPLIED TERMS. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND THE LIABILITY OF CLEARPATH AND ITS LICENSORS AND SERVICE PROVIDERS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Where you choose to share your personal information, including health-related information, from your account with any Authorized Party, you acknowledge and agree that to the fullest extent permitted by law, neither Clearpath nor its service providers are responsible for your decision to share and/or disclose your personal information, including health-related information, and you hereby release Clearpath and its service providers from any liability that may arise from such third parties’ collection or other processing of your personal information.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
1.24. Indemnification. You agree to indemnify, defend and hold harmless Clearpath, its clients, and its suppliers and their respective affiliates, employees, officers, directors, agents, servants, shareholders, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to (i) your violation of these Terms, (ii) your use, or misuse, of the Clearpath Services, (iii) fraud, intentional misconduct, criminal acts, gross negligence, or negligence committed by you and/or (iv) your posting of material to the Clearpath Services. To the fullest extent permitted under applicable law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim. To the extent permissible by applicable law and approved by the applicable court, if such approval is required, such indemnification shall be treated as an administrative expense of the estate.
1.25. Force Majeure. Clearpath shall not be liable for any delays or non-performance resulting from circumstances or causes beyond its reasonable control, including, without limitation, acts or omissions or the failure to cooperate by the other party (including, without limitation, entities or individuals under its control, or any of their respective officers, directors, employees, other personnel and agents), acts or omissions or the failure to cooperate by any third party, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.
1.26. Jurisdiction; Governing Law. Subject to the limitations of the section entitled “Mandatory Arbitration,” these Terms, including any and all exhibits, schedules, attachments or appendices attached thereto, and all matters arising out of or relating to these Terms, are governed by, and construed in accordance with, the laws of the State of Michigan, United States of America, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Michigan.
1.27. Mandatory Arbitration. You and Clearpath agree that any controversy or claim (except for any claim of infringement, breach of confidentiality, or misappropriation of any patent, copyright, trademark, or trade secret) arising out of or relating to these Terms, the Clearpath Services, and/or use of the Clearpath Services, as well as all questions of arbitrability, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules (“Commercial Rules”) by a sole arbitrator, unless otherwise agreed by the parties. You can access the Commercial Rules at https://www.adr.org/Rules or by calling +1 800-778-7879. You and Clearpath shall endeavor to agree upon the arbitrator, and if you and Clearpath fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the AAA in accordance with the Commercial Rules. The place, or legal seat of arbitration, shall be in Wayne County, in the State of Michigan, and the language of the arbitration shall be English.
YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NOT AS A MASS ARBITRATION. NO ARBITRATION YOU COMMENCE HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY CLAIMS BY ANY OTHER PERSONS. Each party shall bear its own arbitration filing fees.
The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law (other than to legal or professional advisors, witnesses, or experts acting pursuant to a duty of confidentiality). Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than legal or professional advisors, witnesses or experts acting pursuant to a duty of confidentiality), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed or kept confidential to the extent permitted by law.
1.28. Claims. To the fullest extent permitted under applicable law, no action arising out of, in connection with, or relating to these Terms shall be brought by you more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph, to the fullest extent permitted under applicable law.
1.29. Export Controls. The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and regulations.
1.30. Relationship of the Parties. Nothing in this agreement creates an agency, partnership, or joint venture.
1.31. No Waiver. The failure of Clearpath to require performance of any provision of these Terms in no manner shall affect its right at a later time to enforce the same. No waiver by Clearpath of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any other such breach, or a waiver of any other breach of such terms.
1.32. Assignment. These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Clearpath’s prior written consent. Clearpath may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
1.33. Severability. If any paragraph, subparagraph, term or provision of these Terms or the application thereof to any person or circumstance is determined to be invalid, illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that it is valid, legal, and enforceable, and the remaining provisions of the Terms shall remain in full force, provided that the essential terms and conditions of these Terms remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by the Terms are materially preserved.
1.34. Surviving Provisions. Subject to the limitations and other provisions of these Terms: (a) the representations and warranties of the Parties contained herein shall survive the expiration or earlier termination of these Terms; and (b) the Sections titled “Use of Authentic Services,” “Confidentiality,” “Reservation of Rights,” “Fees, Payments, and Taxes,” and “General Provisions” of this Agreement, as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or termination, shall survive the expiration or earlier termination of this Agreement.
1.35. Headings. Headings or titles used in these Terms are for convenience only and shall not be deemed to affect the meaning or construction of any of the terms, provisions, covenants, or conditions of these Terms.
1.36. No Discrimination. The Clearpath Services will be provided by Clearpath without regard to your race, national origin, sex, veteran status, age, disability, diagnosis or religious affiliation.
1.37. Notices. All notices, requests, consents, demands and other communications to Authentic hereunder shall be in writing and delivered to: Authentic, Inc., Attn: Legal Department, 30800 Telegraph Road #4775, Bingham Farms, MI 48025. Notices will become effective upon receipt. Billing-related notices to Clients will be addressed to the billing contact designated by the Client, and all other notices to Clients will be addressed to the designated Clearpath Platform administrator.
1.38. Right to Change Terms of Service. Clearpath may, at any time and from time to time, amend these Terms. Any changes to these Terms will be effective immediately upon posting of the changed Terms of Service. You agree to review the Terms of Service periodically and your use of the Clearpath Services following any such change constitutes your agreement to follow and be bound by these Terms as amended. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
These Terms apply to the use of any of the Services by Facilities as further described below.
2.1. Responsibility for Authorization and Release. Facilities acknowledge and agree that: (a) Facility is solely responsible for conducting a valid Authorization process to ensure that all Records Released via the Services are Released only to Authorized Parties; (b) Facility is responsible for querying and retrieving, uploading, or otherwise providing any Records; (c) Authentic is not obligated to review or otherwise verify any Records or the accuracy of any Authorization or Release; (d) Facility is solely responsible for the transmission of Records to any recipient through the Services; (e) Facility is solely responsible for any errors in connection with the Release of any Records;
2.2 Responsibility for Setting Facility Release Fees. Facilities acknowledge and agree that Facility is solely responsible for establishing Release Fees that adhere to all laws, regulations, and/or other relevant policies of each state or other applicable jurisdiction in which the Facility operates or the Requestor or other Authorized Party is located.
2.3. Business Associate Agreements. Facilities acknowledge and agree that Facility is solely responsible for ensuring that they have entered into a valid business associate agreement (a “Business Associate Agreement” or “BAA”), which shall be incorporated herein by reference. Facility represents that the BAA is in effect prior to the any transmission of any protected health information to Authentic in connection with these Terms and any applicable Agreement.
These Terms apply to the use of any of the Services by Patients, their Delegate, and Third-party Providers as further described below.
3.1. Clearpath Patient Services. Clearpath may offer the following Clearpath Services to Patients, their Delegates, and Third-party Providers: (a) Access to the Clearpath web-based patient portal and mobile applications, which provide you with the ability to upload, request, receive, store, and share Records; (b) Access to Content to help you understand the contents of your Records, including, for example, written and visual explanations of the contents of radiological reports. The Content is intended to help you translate the contents of Records into “plain English,” and may be inaccurate or incomplete (for which Clearpath is not liable); (c) The ability to share Records with Authorized Parties, (d) the ability for Authorized Parties to log in and access Records; (d) Certain Free Services and/or Premium Services which Clearpath may provide and modify from time to time in its sole discretion; and (e) Other services, which Clearpath may add, modify, or remove from time to time, the use of which shall also be governed by these Terms.
3.2. No Medical Advice. Although we provide technology that facilitates the sharing of health information, Clearpath does not offer medical advice and the receipt of any such information through the Clearpath Services does not create a doctor patient relationship between you and Clearpath, but is a continuation of a relationship between you and your Provider. Any services provided or Content accessed within the Clearpath Services are for informational purposes only. This includes, but is not limited to, the information provided by Clearpath via in-app tutorials, or explanations of medical terms (whether written or visual). The content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Clearpath Services. Call 911 or your doctor for all medical emergencies.
3.3. Patient Requests Subject to Terms. All Requests by and the resulting Release of Records to Patients are subject to the terms and conditions set forth herein, including the entirety of Section 5: Requesting & Receiving Records Through Clearpath.
3.4. Allowing Third-party Providers and Other Authorized Parties to Access your Records. Patients may choose to allow an Authorized Party to retrieve, view, modify or otherwise use your Records, health information, and other information in the Patient's account. Once you permit a specific third-party to access your Records, such third-party may continue to access your Records until you affirmatively disable access. It is your sole responsibility to review and approve each such third-party before sharing your information with them. USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. WE MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY CLEARPATH SERVICE THAT ENABLES YOU TO SHARE YOUR RECORDS WITH ANY THIRD-PARTY.
3.5. Automatic Release of Records to Third-party Providers. In some cases, including in cases where a Third-party Provider refers a Patient to a Facility for medical imaging or a Patient otherwise authorizes the Release of Records to any Third-party Provider, Patients may provide consent to automatically release Records to the applicable Third-party Provider. In these cases, you are granting Clearpath and/or the applicable Facility permission to release your Records to the individual(s) or entity(-ies) set forth in your statement of your consent. It is the responsibility of the applicable Facility to ensure that Patient consent to the release of Records to any Third-party Provider or other Authorized Third-party is received and validated prior to releasing such Records, and Authentic may not be held liable for any damages arising out of or related to any errors or omissions in the Authorization process or any resulting unauthorized Release of Records.
These Terms apply to the use of any of the Services by Requestors as further described below.
4.1. Legal Requests Subject to Terms. All Requests by and the resulting Release of Records to Requestors are subject to the terms and conditions set forth herein, including the entirety of Section 5: Requesting & Receiving Records Through Clearpath.
4.2. Responsibilities of Requestors & Record Custodians. By using the Services to Request Records, Requestors represent that they are authorized to receive the Records set forth in the applicable Request, and that by transmitting their Request through the Services, they are authorizing Clearpath to transmit the Request to the Facility to which they are addressing the request. Upon receiving any Request, the Facility will undertake an Authorization process to validate the Proof of Authorization provided by the Requestor in the applicable Request, and the Facility will either approve, deny, or communicate with the Requestor to resolve any discrepancies in the Request, making commercially reasonable efforts to fulfill the Request.
4.3. Limitations in Request Fulfillment. Requestors acknowledge and agree that: (a) Clearpath provides a software platform for facilitating the workflow of submitting and fulfilling requests, (b) all Records are subject to availability; (c) Release of Records is subject to Authorization by the applicable Facility; and (d) Clearpath does not make any representations regarding whether any Request can or will be fulfilled by any Facility, or the turnaround time associated with fulfilling any Request.
4.4. Acknowledgement of Fees. By submitting a Request through the Services, Requestors acknowledge that they are responsible for paying any applicable Release Fees, Service Fees, and/or Cancelation Fees as set forth below.
This Section applies to Patients, Requestors, and other Authorized Parties requesting and/or receiving any Records from Facilities using the Services.
5.1. Authorizing the Release of Records. By Requesting Records from a Facility through the Services, you are agreeing that you are either: (a) the Patient and you authorize the release of your Records from that Facility; or (b) the Patient’s Delegate and you have been authorized by the Patient to request and receive their Records; or (c) a valid Requestor or other Authorized Party and you have valid Proof of Authorization demonstrating the legitimacy of your Request. By submitting any Request, you are agreeing to pay any Release Fees, Service Fees, and/or Cancelation Fees billed to you in connection with your Request, subject to these Terms. You further acknowledge and agree that your use of Clearpath is entirely optional, and if you do not agree to these Terms, including the Service Fees and Cancellation Fees set forth herein, then you should not submit a Request through the Services, and should instead submit your Request directly to the Facility.
5.2. Release Subject to Availability. All Requests are subject to the availability of the applicable Records. Record retrieval times may vary according to availability and are subject to any delays resulting from courier delays or force majeure, for which we will not be responsible.
5.3. Eligibility. To submit a Request, you must be over 18 years of age (or other applicable age of majority in your jurisdiction) and possess a valid payment method (such as a credit or debit card) acceptable to us.
5.4. Release Subject to Authorization. When placing a Request, you undertake that all details you provide in the Request are true and accurate, that you are an authorized individual who has a legitimate reason to make the Request, such as being the Patient, an authorized Delegate of the Patient, an authorized Requestor, or another Authorized Party who has the necessary Proof of Authorization to make a legitimate Request. You also undertake that you are an authorized user of the payment method used to place your Request and that there are sufficient funds to cover any applicable Release Fees and Service Fees. By entering your payment information and submitting a Request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. All prices published in the Services are subject to change at any time without prior notice.
5.5. Submitting a Request. When you place a Request, you will receive an acknowledgement email confirming receipt of your Request. This email will only be an acknowledgement and does not mean we will be able to fulfill your Request. At this time, we will send your Request to the applicable Facility, who will execute the Facility’s Authorization process and then may accept or reject your Request. We have not agreed to fulfill your Request until we send you a separate confirmation by e-mail that the Facility has accepted your Request. If your Request is accepted, we will inform you by email and we will notify you when your Request has been fulfilled. Only those Records listed in the confirmation email will be included in the fulfillment of the Request.
5.6. Pricing and Availability. While we try to ensure that all details, descriptions and prices which appear through the Services are accurate, errors may occur. If we discover an error in any Facility's Release Fees, we will try to inform you as soon as possible and give you the option of reconfirming your Request at the correct price or canceling it. If we are unable to contact you, we may cancel the Request. If your Request is cancelled pursuant to this section and you have already paid for the Request, you will receive a full refund.
5.7. Release & Service Fees. Requestors agree to pay the published Release Fees and Service Fees in connection with fulfilling any Request. All Release Fees and Service Fees are due prior to the Request being fulfilled and Clearpath (or its third-party payment processors) will charge the method of payment you provide in the amount of the Request Fees and Service Fees indicated on the applicable order form or invoice.
5.8. Release Fees. Facilities are responsible for establishing their Release Fees, which may be modified from time to time at the Facility’s sole discretion. Facilities are responsible for ensuring that all Release Fees do not exceed the statutory limits within the applicable Facility’s jurisdiction (including state or provincial laws, regulations, or other compliance rules). Clearpath provides no representations or warranties with regard to the statutory compliance of such Release Fees and waives any responsibility for any Facility setting fees that are not complaint with any applicable statutes.
5.9. Service Fees. Clearpath is responsible for establishing its Service Fees, which are billed to Requestors in addition to any Facility’s Release Fees, and may by modified from time to time at the sole discretion of Clearpath.
5.10. Fees Exclusive of Taxes. Request Fees and Service Fees may be exclusive of any Taxes. You shall be responsible for payment of any applicable Taxes and any related interest and/or penalties resulting from any payments made hereunder.
5.11. Request Cancelation by Clearpath. Clearpath may cancel or terminate any Request at any time, including after we have previously agreed to fulfill any Request, and in such cases, we will refund the fees subject to such cancellation.
5.12. Request Cancelation by Requestors. Requestors may cancel a Request after it has been submitted, provided that Cancelation Fees may apply.
5.13. Cancelation Fee Procedures. For any Request placed by a Requestor that is canceled by Clearpath or a Requestor prior to being processed by Clearpath, no Cancelation Fees shall apply. For any Request placed by a Requestor that is processed by Clearpath and then canceled by the Requestor, a Cancelation Fee may apply. For any Request placed by a Requestor that is processed and marked as “ready for payment,” “pending payment,” “waiting list confirmation,” or similar status indicating that the Records are ready for Release pending payment by the Requestor, Clearpath may automatically cancel the Request if the applicable Release Fees and Service Fees have not been paid within 90 days, and a Cancelation Fee may apply. Any Cancelation Fees assessed to any Requestor pursuant to this section shall immediately be billed to the Requestor, and in the event that any Requestor is liable for any outstanding Cancelation Fees, Clearpath reserves the right to not process any other Requests submitted by that Requestor until the balance for all outstanding Cancelation Fees is paid in full.
5.14. Current Cancelation Fees. Clearpath’s Cancelation Fee is initially set forth at a rate of $20 per canceled Request, provided that Clearpath may modify the Cancelation Fee from time to time, in its sole discretion, by updating the published fees published in the Services. In the event of any conflict between any Cancelation Fees published in the Services and the Cancelation Fee initially set forth in these Terms, the Cancelation Fees published in the Services shall prevail.
5.15. Receiving Requested Records. Facilities are responsible for ensuring that any Records they release through the Services are accurate, complete, and consistent with the scope of the Request, including any Proof of Authorization submitted with the Request. Clearpath is not responsible for: (a) any errors, omissions, or other inaccuracies pertaining to the release of any Records by any Facility, including, without limitation, releasing the wrong Records, omitting any Records, or releasing any Protected Health Information of any other individual other than the subject of the Request; (b) any errors, omissions, or other inaccuracies pertaining to the content of and Records released by any Facility; or (c) any Facility’s compliance or noncompliance with any applicable laws, statutes, or policies regarding the release of Records or health information.
6.1. Notice Regarding Apple. This sub-section only applies to the extent you are using our mobile application(s) on an iOS device in connection with the Clearpath Services. You acknowledge that these Terms are between you and us only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Clearpath Services or the content thereon. Your right to use the Clearpath Services in application form on an iOS device is limited to a non-transferable license to use the application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Platform Terms and Conditions. Apple has no obligation whatsoever to furnish any maintenance and support service with respect to the Clearpath Services. In the event of any failure of the Clearpath Services to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Clearpath Services. Apple is not responsible for addressing any claims by you or any third party relating to the Clearpath Services or your possession and/or use of the Clearpath Services, including: (a) product liability claims; (b) any claim that the Clearpath Services fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. All such responsibility is allocated between the Company and you under these Terms. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Clearpath Services and/or your possession and use of the Clearpath Services infringe third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Clearpath Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You agree that Apple is not responsible for any maintenance and support service in connection with the Clearpath Services. You hereby represent and warrant that (x) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties.
6.2. Notice Regarding Google. This sub-section only applies to the extent you are using our mobile application(s) on an Android device in connection with the Clearpath Services. You acknowledge that these Terms are between you and Clearpath only, not with Alphabet Inc. (“Google”), and Google is not responsible for the Clearpath Services or the content thereon. You agree that Google is not responsible for any maintenance or support services in connection with the Clearpath Services.