Your use of eBluSolutions.com and supporting technology (the “Software”), and the related or ancillary services provided by eBlu and described herein (the “Services”), and any updates, new features, and enhancements to the Software or Services, is governed by the Terms and Conditions of Use below, including any addenda (“Terms of Use”). The terms “eBlu”, “we”, “us”, or “our” refer to eBlu Solutions, LLC and any of our affiliates, and the terms “you”, “yours”, or “yourself” refer to you as a User of the Services. These Terms of Use and our www.eblusolutions/privacypolicy, sometimes referred to herein as “Agreement”, constitute a legally binding agreement between you and eBlu Solutions, LLC.

A registered and authorized User is defined as a licensed healthcare provider, employee of a licensed healthcare provider, a representative of an organization, or a third-party (covered by a Business Associate Agreement). Only registered and authorized users may use this software. You represent that you are authorized to agree to these Terms of Use. Any user violating these Terms of Use will have their account terminated immediately.

This Software is intended for a United States audience. If you live outside the U.S., you may see information in this Software about products or therapies that are not available or authorized in your country.

Nature of Services

eBlu Solutions offers various Services delivered at “best-effort” service levels, including, but not limited to, benefit verifications and investigations, research for prior authorization processes or administrative denial processes, research for alternate coverage or financial assistance options, personalized care coordination (including benefits explanation to patients), and patient material (providing disease-state information and infusion education), secure messaging, status monitoring and alerting, and related workflows and task management.

eBlu Solutions may use, disclose and represent your information as necessary for the purpose of providing the Services and otherwise administering the Services, and may use, disclose and represent your patient information provided that such use or disclosure would not violate the HIPAA privacy and security rules if done by the practice. Only eBlu will determine which medical products it will support through our services, Software and/or Technology.

This Software is hosted on servers located in the United States, and any Protected Health Information, as defined in 45 CFR.

eBlu Solutions Privacy Obligations

eBlu Solutions provides its Services as a business associate to health care providers. Use of the Services requires a signed BAA between eBlu Solutions and you as part of the registration process. The BAA requires us to protect your PHI and specifies the purposes for which it may be lawfully used and disclosed by us. eBlu Solutions may use subcontractors to assist in performing some of its Services. When these subcontractors have access to PHI, they will enter into BAAs with us to the extent required by applicable law.

We are able to provide our services at no cost to you by our ability to utilize and share data obtained during the course of providing the Services, described in this Terms of Use and as permitted by law.

We may use data obtained from the process of providing the Services to monitor system performance, make website improvements, aid in future product and services development, and other purposes permitted by law.

User Obligations

By using the Software, you signify your consent to these Terms of Use. If you do not agree to all of these Terms of Use, do not use this Software.

You represent and warrant to eBlu that information you provide for the performance of this Agreement shall not, when used as anticipated by this Agreement, knowingly infringe upon or violate any valid privacy or intellectual property right of any individual or third party; and that your execution, delivery and performance of this Agreement does not and will not conflict with or result in the breach of or violation of any other agreement, instrument, order, judgment or decree to which you are a party or by which you are bound. You agree to provide and maintain current, complete and accurate information on your User account in order to use the Services.

We prompt you to confirm that the Patient has signed an authorization form provided to them by (and on file with) your medical practice that gives the Patient’s authorization and consent to provide their protected health information (PHI) to business associates like eBlu. We will need to use and disclose their protected health information to provide the services.

All required authorizations and consents (the “Authorization”) have been obtained to provide this Patient’s Protected Health Information (“PHI”) to eBlu as a business associate and for eBlu to use and disclose the PHI (including but not limited to personally identifying information, health insurance coverage including insurance plan and/or group numbers, medical diagnosis and treatment plan for a specific product, as well as copies of the records from the Doctor(s) or Insurer(s) about the patient’s health or health care) to provide its services. The Patient has not canceled or revoked the Authorization.

The Patient has been provided with a notice of privacy practices and all notices necessary to comply with applicable federal and state laws and regulations relating to medical or health privacy. I represent and warrant that the above statements are true and accurate for each Patient.

Account Registration

Account registration is specific to the HCP(s) and site(s) associated with the HCP(s). As part of the registration process, you must provide the most current information about yourself, pertinent HCP information, and your site information in order to use the services. You are required to agree to the Terms of Use and sign our BAA to complete registration.

You shall not transfer your account or allow access to your account to anyone else. If you become aware of any unauthorized use of your account, you must notify us immediately at [email protected].

During account registration, a site administrator will be designated. The site administrator is responsible for the appropriate identification, approval, and provisioning of access (including termination of access) of all registered users that will have access to, and the ability to provide, Individually Identifiable Health Information on behalf of the HCP through the Website. The site administrator will be responsible for approval and removal of individual site users. eBlu takes no responsibility for Software access to individuals that have not been or are no longer authorized by the HCP. Existing user accounts may not be reallocated; the site administrator must create or request a new separate account for any new personnel.

If the site administrator is no longer a member of the HCP’s personnel, HCP will notify eBlu at [email protected] to disable the account and a new site administrator will be designated.

EBLU DISCLAIMER ON MEDICAL ADVICE

THIS SOFTWARE IS NOT INTENDED FOR THE PURPOSE OF PROVIDING MEDICAL ADVICE. YOUR USE OF THE SOFTWARE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SOFTWARE.

eBlu Solutions does not endorse or recommend any particular type of medical treatment. Information in the Software is not intended to be a substitute for professional medical advice and should not be used for the diagnosis or treatment of any medical condition. Through this site and linkages to other sites, we provide general information for educational purposes only.

Patient insurance benefits investigation is provided as a service by eBlu Solutions under contract with the HCP. In this regard, eBlu Solutions provides health care professionals with information that helps with their determination of whether treatment could be covered by the applicable third-party payer by supplying coverage guidelines provided by the payer using patient information provided by the health care provider under appropriate authorization following the providers’ exclusive determination of medical necessity.

Links to Other Websites

Links in this Software may allow you to leave our Software or navigate to another third-party’s website. Our decision to link to a third-party’s site does not imply an endorsement by us. We provide third-party links as a convenience to you. We do not control third-party sites and are not responsible for the content or accuracy of information provided by such websites.

Ownership – Website, Content, & Limitations on Use

eBlu and its licensors, if any, retain all right, title, and interest, including without limitation all Intellectual Property Rights, in and to the Software, Documentation, Updates, and eBlu Confidential Information. Software, code, algorithms, analytics, designs, graphics, layouts, user interfaces, look and feel or other characteristics, or any other material, creative works or portions thereof, tangible or intangible, owned or developed by eBlu for any purpose is the intellectual property of the eBlu. You acknowledge that eBlu designed the processes and shall control and monitor the utilization of the Software and Services.

If you suggest any new features, functionality, or performance for the Services or Software or Technology that eBlu subsequently incorporates, you hereby acknowledge that eBlu shall own, and has all rights to use and incorporate, such suggestions and the Services or Software or Technology incorporating such new functionality, or performance shall be the sole and exclusive property of eBlu; and all such suggestions shall be free from any confidentiality restrictions that might otherwise be imposed upon eBlu.

The contents of the eBlu website, such as text, graphics, images, and other materials created by eBlu Solutions or obtained from eBlu’s licensors, and other materials contained in the eBlu Software (collectively, “Content”) are for informational purposes only.

eBlu hereby grants to registered and authorized Users a limited, non-exclusive, non-transferable (except as expressly provided herein), revocable, license to access and use the Software in accordance with the terms of this Agreement; and access on any number of HCP-owned or -controlled computing devices, to execute, and to use and permit the use by its authorized Users, the Software.

eBlu utilizes and makes available through its Software and Services certain third-party documents in the course of providing the Services, including but not limited to forms provided by organizations such as payors or health plans, PBMs, or pharmaceutical manufacturers. eBlu uses such documents under fair-use provisions of copyright law and does not claim any ownership of such materials. Services and forms made available to users are configured to collect only the minimum necessary amount of information that the organization that created the form requested.

Prohibited Uses

Use of this Software is provided for the permitted purposes stated in these Terms of Use. You agree not to sell, rent, lease, or assign the Software, or to reverse engineer, disassemble, decompile, or take other, similar actions to discern the source code of the Software. You agree not to extend or create derivative works of the Software. You will not permit any public access or the third-party to access the Software except as explicitly permitted herein, copy, frame or mirror any part or content of the Software, other than framing on your intranets or otherwise for your own internal business purposes, or access the Software in order to build a competitive product or service or to copy any features, functions, concepts, or graphics of the Software. You agree that no aspect of the eBlu Software or Services may be commercially exploited by or on behalf of yourself, other registered and authorized User(s), either independently or in combination with one or more parties, except as expressly provided herein.

HCP will not permit the Software to be used by any third-party, except for its Personnel who need access and use the Software in the performance of their official duties and under the obligations under this Agreement.

Communication with eBlu Solutions

Please be advised that we cannot guarantee the confidentiality of any communication or material transmitted to us via electronic mail (e-mail). Accordingly, we suggest that you use caution when transmitting any information to us via such means. For example, you should not include PHI or PII in any email that you send to us. We hereby expressly disclaim any liability for damages resulting from the third-party interception of your communications with us via e-mail. If you choose to send us any information via e-mail, you do so solely at your own risk.

Customer service and technical support will be offered through the following channels:

HIPAA compliant Secure Messaging within the Portal (recommended)
[email protected] email address (DO NOT transmit PHI via email)

Software Administration

eBlu Solutions may limit, modify, suspend, or terminate your use of this Software at any time without liability or prior notice, and may suspend or terminate your use of our Services if you fail to comply with these Terms of Use. eBlu may also de-activate or revoke a user account if the User does not maintain an active usage pattern for the Software or Services.

Sensitive Information

Unless we specifically request or invite it, we ask that you not send us, and you do not disclose, any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or trade union membership) on or through the Website or otherwise to us. In those cases where we may request or invite you to provide sensitive information, we will do so with your express consent. 

Modifications to Policy

These Terms of Use set forth the entire agreement and supersedes all related prior oral and written communications between the Parties. The Terms of Use may change from time to time. Notification of updates or changes will be posted on the website. You should, therefore, periodically review the Terms of Use posted to the website. Continued use of the Software and Services constitutes your agreement to be bound by the updated Agreement. If you do not agree to the updated Terms of Use, you should discontinue your use of the Software and Services.

Indemnification

You agree to indemnify, defend, and hold harmless eBlu Solutions, its affiliates, employees, agents, directors, officers, partners, contractors, suppliers, third-party information providers, and licensors from and against all demands or claims or allegations, losses, damages, liabilities, suits, penalties, judgments, regulatory proceedings, settlements, costs and expenses (including reasonable attorneys’ fees) resulting from your provision of information to eBlu and eBlu’s use thereof, for your use of the Services, or for your breach of this Agreement.

Warranty of Service Disclaimer

While eBlu Solutions uses reasonable efforts to include accurate and up-to-date information in the website, eBlu Solution makes no warranties or representations as to its accuracy. eBlu Solutions assumes no liability or responsibility for any errors or omissions in the content of the Software.

Importantly, insurance verification is the ultimate responsibility of the health care provider. Third-party reimbursement is affected by many factors. Therefore, eBlu Solutions makes no representation or guarantee that full or partial insurance reimbursement or any other payment will be available. This information is provided as an information service only. While eBlu Solutions tries to provide correct information, it makes no representations or warranties, expressed or implied, as to the accuracy of the information. In no event shall eBlu Solutions, its employees, or agents be liable for any damages resulting from or relating to the Services. All providers and other users of this information agree that they accept responsibility for the use of the Services.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Warranty of Service Disclaimer

NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, IN CONNECTION WITH THE AGREEMENT OR THE OPERATION OR USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND EACH PARTY’S TOTAL CUMULATIVE LIABILITY FROM ALL CAUSES OF ACTION AND REGARDLESS OF THE THEORY OF LIABILITY ASSERTED, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED $1,000. IF YOU DO NOT AGREE TO OUR TERMS OF USE, IN ITS ENTIRETY, YOU SHOULD NOT USE OR CONTINUE TO USE OUR SERVICES.

General

These Terms and Conditions of Use will be governed by and construed in accordance with the laws of the State of Kentucky exclusive of its rules governing choice of law and conflict of laws.

Contact

If you have any questions about our Terms and Conditions of Use, you may contact us at [email protected] or by mail at:

eBlu Solutions
118 E. Main Street
Suite 300
Louisville, KY 40202