Healthcare Provider User Terms of Use

The LymphCare Web Site (the "Site") is an online information service where registered users can communicate with therapists and other registered users, and can measure, record and document Lymphedema treatment, condition and status.  The Site is provided by LymphCare GmbH ("LymphCare"), and is available subject to your compliance with the terms and conditions set forth below.  

The Site DOES NOT OFFER MEDICAL ADVICE OR MEDICAL SERVICES.  If this is an emergency, call 911 or visit a hospital emergency room immediately.

1. Agreement.  Please read the following information carefully before using the Site. By ticking the box, you agree to be bound by these Healthcare Provider User Terms of Use. If you do not agree with any part of the Agreement, do not use the Site. LymphCare reserves the right, in its sole discretion, to modify, alter or otherwise update these Healthcare Provider User Terms of Use at any time, and by accepting to the revisions, you accept the modification.  Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.

2. Site Terms of Use.  You agree to the Site’s Terms of Use, which are incorporated by reference. To the extent there is a conflict between these Healthcare Provider User Terms of Use and any the Site’s Terms of Use, these Healthcare Provider User Terms of Use will control unless these Healthcare Provider User Terms of Use expressly state otherwise.

3. HIPAA.  You represent and warrant that you will use the Site in compliance with all legal requirements, without limitation, and you specifically agree to comply with the Health Insurance Portability and Accountability Act of 1996, as amended (including amendments by the Health Information Technology for Economic and Clinical Health Act) and the implementing regulations.  You, and not LymphCare, are solely responsible for obtaining all appropriate patient consents. LymphCare has established reasonable safeguards and procedures to protect the security of individually identifiable health information, but you must also take steps to protect your privacy and confidentiality that of your patients.   

4. Business Associate Agreement. Under the U.S. Health Insurance Portability and Accountability Act of 1996 (HIPAA), a HIPAA business associate agreement (BAA) is a contract between a HIPAA-covered entity and a HIPAA business associate (BA). The contract is designed to ensure protection of personal health information (PHI) in accordance with HIPAA guidelines. Effective Feb. 18, 2010, in accordance with the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009, a BA's disclosure, handling and use of PHI must comply with HIPAA Security Rule and HIPAA Privacy Rule mandates. Under the HITECH Act, any HIPAA business associate that serves a healthcare provider or institution is now subject to audits by the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS) and can be held accountable for a data breach and penalized for noncompliance.

5. LymphCare Does Not Provide Medical Advice.  LymphCare does not guarantee that any site users will elect to share information with you.  The site user, and not LymphCare, determines whether to share any information with you and, if so, which information.  LymphCare does not directly or indirectly practice medicine or any other licensed profession, and it does not interfere with the practice of medicine or any other licensed profession by healthcare providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.  These Healthcare Provider User Terms of Use do not establish any medical professional/patient relationship with LymphCare.  Neither LymphCare nor any third parties who promote LymphCare’s services shall be liable for any treatment or professional advice you provide via the Site.  YOU AGREE THAT LYMPHCARE, ITS AFFILIATES, LICENSORS, SUPPLIERS AND BUSINESS PARTNERS ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR DECISIONS RESULTING FROM THE USE OF THE SITE OR THE INFORMATION CONTAINED IN THE SITE.  YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  LYMPHCARE PROVIDES THE SITE “AS IS” AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES.

6. Services; Licensure.  You accept responsibility for your patients as well as yourself in your use of the Site. You are solely responsible for the information, advice and communications and quality of the services you provide whether through your use of the Site or otherwise. You are solely responsible for complying with all applicable laws in connection with your use of the Site.  For example, you are responsible for obtaining and maintaining any and all Federal, State and local licenses and certifications which may be required to practice your profession when using the Site, and maintaining malpractice and liability insurance in compliance with regulatory and local requirements.  

As such, you represent and warrant that you are licensed and in good standing with your respective licensure board[s], including but not limited to any required telemedicine license[s].  You also represent and warrant that the information you provide to LymphCare on or through the Site or in any other communication with LymphCare is complete and accurate.  You must notify LymphCare immediately in the event of any change in that information, including but not limited to the name of your employer, your licensure status, and other credentials.

LymphCare makes no representations regarding your ability to bill third-party payors for the services you provide using the Site. You are responsible for complying with all laws in billing for the services you provide.

7. Site User Information Sharing with Designated Healthcare Professionals  Each site user, and not LymphCare, will determine whether to share and disclose information to one or more designated healthcare provider sand, if so, which information each site user wishes to share from their Profile or their Diary.  If a site user elects to connect with a healthcare provider user, the Site will automatically make the information the site user provided upon registration available to the healthcare provider user.  If a site user elects to share information with a designated healthcare provider user, that healthcare provider user may make comments upon that information.  The site user can stop sharing with a healthcare provider user at any time, but the site user will be able to retain any comments that the healthcare provider user made prior to the date when the site user elected to stop sharing.

8. Issuance of Passwords.  Access to and use of password-protected areas of the Site is restricted to authorized users only.  When these Terms of Use has been accepted and agreed to by you, the password that you create will soon be activated to enable you to access the Site.  Passwords may not be shared or used by more than one individual.  It is each individual user’s responsibility to remember and protect such password and not to disclose it to any other person.  Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary.

9. Lost Passwords.  In the event your password is lost or stolen it is your responsibility to notify LymphCare at the address listed in the “Contact Us” section.  You can reset your password at any time by using the “password reset” at the Site.

10. Retention of Data.  The Site will retain your data for 6 years unless

  • You terminate your account with the Site
  • Your account is terminated in accordance with the process described below.

LymphCare will delete your data within 5 business days of your completed account termination.  In each case, LymphCare will retain the aggregate (consolidated) information that may include de-identified information, such as “Over the past 12 months, X number of users visited this page, and uploaded a photo.”  Note that LymphCare may be required to retain and disclose your information as described in the Privacy Policy.

11. Non-Use of Account.  If there has been no activity in your account for 24 consecutive months, LymphCare will contact you via the e-mail address you provided.  In the event that you do not reply within 15 business days, LymphCare will terminate your account.

12. Account Termination.  You agree that LymphCare may suspend or terminate your account or access to the Site with or without notice or cause, for any reason or no reason, and without liability to you.

You may terminate your account at any time by selecting the “Unregister” button  If you confirm that you wish to leave the Site, LymphCare will erase the data you provided in your professional profile and your private messages.  Any comments you provided in any patient diary entries  will remain available to that site user.  Any comments you made in the Community will remain visible to all users of the community features such as message boards.  In addition, the Site will generate an e-mail to each site user to which you are connected as of the date of termination of your account, letting the site user(s) know that you have terminated your account. Your connection to them will be automatically severed.

13. Independent Contractors.  Your relationship with LymphCare is that of an independent contractor, and nothing in these Terms of Use will be construed as creating an employer-employee relationship, a partnership, or a joint venture between you and LymphCare.