The following terms and conditions (“Terms and Conditions”) govern your use of the website located at www.phonesurveys.org (the “Site”). By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms and Conditions and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this Site and must exit immediately.
These Terms and Conditions may be changed at any time. Notice of any new or revised Terms and Conditions and the location of the new or revised Terms and Conditions, will be posted on the Site for at least 60 days after the change. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to these Terms and Conditions shall be effective to any visitor who has visited the Site before the change was made.
1. Proprietary Rights
All works of authorship, information, content, and material appearing on or contained in this Site (“Site Materials”) are protected by law, including but not limited to, United States copyright law. Except as explicitly stated in the Site, the entirety of the Site Materials (including, without limitation, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes) are The Stormfire Group, LLC All rights reserved. The Stormfire Group, LLC (“IVR Lab, “we,” “us”) also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization, and enhancement of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any or all Site Materials, in whole or in part, without the prior written consent of IVR Lab, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to any Site Materials or any other proprietary information of IVR Lab, without IVR Lab’s advance written consent, is prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to IVR Lab or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
2. Communications with the Site
IVR Lab welcomes your feedback and suggestions about how to improve our products, information, a services, and this Site. By transmitting any suggestions, information, data, material, or other content (collectively, “Submissions”) to IVR Lab, you automatically grant IVR Lab the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) throughout the universe and to incorporate such in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission(s). Further, IVR Lab is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any communications you send to this Site for any purpose whatever, including, but not limited to, creating and marketing products, information, or services using such information.
3. Nature of the Internet
Given the nature of the Internet, the transmission of any communication or material to IVR Lab via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed as secure.
4. Privacy Policies and Procedures
This provides notice of the privacy practices and policies of The Stormfire Group, LLC. These protections have been adopted to ensure that the information that we obtain and maintain for our current, past, and potential clients and for which we are providing services (“Protected Parties”) and is protected in accordance with relevant state and federal rules. The Notice outlines our practices, policies, and legal duties to maintain and protect against prohibited disclosure of Protected Health Information (“PHI”) of those Protected Parties (under the privacy regulations mandated by the Health Insurance Portability and Accountability Act and further expanded by the Health Information Technology for Economic and Clinical Health Act provisions in Title XIII of the American Recovery and Reinvestment Act (“HITECH”), the HIPAA Omnibus ruling of 2013, and the regulations related to these laws and mandates) (collectively referred herein as “Privacy Rules”).
THIS NOTICE DESCRIBES HOW PROTECTED DATA ABOUT A PROTECTED PARTY MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
THE PROTECTION OF THE PRIVACY OF THE INFORMATION WE RECEIVE AND MAINTAIN IS IMPORTANT TO US.
- Statement of Our Duties. We are required by law to maintain the privacy of PHI of the Protected Parties and to provide our clients with this Notice of our Privacy Practices (“Notice”)and legal duties. We are required to abide by the terms of this Notice. We reserve the right to change this Notice’s terms and adopt any new provisions regarding the Protected Data that we maintain about the Protected Parties. If we revise this Notice, we will provide each individual with whom there is a current and direct business relationship with a revised Notice by mail, electronic mail, or any other electronic means, telefacsimile or fax, or hand-delivery.
- Statement of the Client’s Rights under Privacy Rules. As our client or customer, you have a right to know how we may use or disclose the Protected Data we maintain on those Protected Parties with whom there is a direct relationship. Our obligations to not disclose the Protected Data we maintain about those individuals may arise due to our contractual obligations as a Business Associate of the client or customer, as well as to any other third party who is a Covered Entity under the Privacy Rules but does not create a special legal duty to provide notice to those individuals of their rights through a Notice of Privacy Practices.
- Primary Uses and Disclosures of Protected Data. We use and disclose Protected Data about Protected Parties for treatment, payment, and health care operations. The Privacy Rule does not generally “preempt” (or take precedence over) state privacy or other applicable laws that provide individuals greater privacy protections. As a result, to the extent state law applies, the privacy laws of a particular state, or other federal laws, rather than the Privacy Rules, might impose a privacy standard under which we will be required to operate. For example, where such laws have been enacted, we will follow more stringent state privacy laws that relate to uses and disclosures of the Protected Data concerning HIV or AIDS, mental health, substance abuse, chemical dependency, genetic testing, or reproductive rights.
In addition to these law requirements, we also may use or disclose Protected Data in the following situations:
- Treatment: We might use and disclose your Protected Data for all activities that are included within the definition of “treatment” within the Privacy Rules. For example, we might share the patient’s medical history, test results, and treatment plans with a consulting specialist to ensure appropriate care.
- Payment: We might use and disclose your Protected Data for all activities that are included within the definition of “payment” within the Privacy Rules. For example, we might use and disclose a Protected Party’s Protected Data to assist with the payment of claims for services provided to that Protected Party by doctors, hospitals, pharmacies, and others for services.
- Health Care Operations: We might use and disclose a Protected Party’s Protected Data for all activities that are included within the definition of “health care operations” within the Privacy Rules. For example, we might use and disclose the Protected Data of a Protected Party to an insurer to conduct quality assessment and improvement activities, to engage in care coordination or case management, and to manage our business.
- Business Associate Subcontractors: In connection with our treatment, payment, and health care operations activities, we contract with individuals and entities (called “Subcontractors”) to perform various functions on our behalf or to provide certain types of services. To perform these functions or to provide the services, they will receive, have access to, create, maintain, use, or disclose Protected Data, but only after we require the subcontractor to agree in writing to contract terms designed to appropriately safeguard your information.
- Other Covered Entities: In addition, we might use or disclose your Protected Data to assist healthcare providers in connection with their treatment or payment activities, or to assist other covered entities in connection with certain of their healthcare operations. For example, we might disclose a Protected Party’s Protected Data to a healthcare provider when needed by the provider to render treatment to that party, and we might disclose Protected Data to another covered entity or subcontractor to conduct healthcare operations related to billing, claims payment or enrollment.
For all other uses and disclosures, we first must obtain your permission.
In addition, you have the following rights:
- The right to request that we place additional restrictions on our uses and disclosures of the Protected Data of Protected Parties. However, we are not obligated to agree to impose any such additional restrictions.
- The right to access, inspect, and copy the Protected Data pertaining to Protected Parties that we maintain in our files, and the right to have us correct or amend any information that we create in error. Requests to access or amend your health information should be sent to the contact person and address provided below.
- The right to receive an accounting of the disclosures of the Protected Data we maintain on Protected Parties that we make for purposes other than activities related to payment functions or other health care operations.
- The right to request that communications containing a Protected Party’s Protected Data are sent in a confidential manner.
- If you received this notice electronically, you also have the right to obtain a paper copy of this notice from us on request.
- Information We Collect About You. We collect the following categories of information for group and/or individual policies from the following sources:
- Information that we obtain directly from you, in conversations or other forms that you or a Protected Party completes.
- Information that we obtain as a result of our transactions with you.
- Permissible Uses and Disclosures of Protected Data. We disclose the information we receive regarding current or prospective plan participants only in accordance with the terms and conditions of the various Business Associate contracts we have entered into under Privacy Rules and as permitted under state and federal laws concerning the privacy of your information. Those include:
- Situations Permitted or Required by Law. We also may use or disclose your Protected Data without your written permission for other purposes permitted or required by law, including, but not limited to the following:
- To a public health authority for purposes of public health activities (such as to the Federal Food and Drug Administration to report consumer product defects, or Centers for Disease Control necessary to fulfill public health obligations and track the occurrence of certain diseases or health conditions);
- To a law enforcement official for law enforcement purposes or in response to a court order or in the course of any judicial or administrative proceeding;
- To organ procurement organizations or other entities for approved research; or
- To a governmental authority, including a social service or protective services agency, authorized to receive reports of abuse, neglect, or domestic violence.
- For Any Purposes to Which You Have Not Objected. In certain limited circumstances, we may use or disclose your Protected Data after we have given you an opportunity to object and you have not objected. For example, if you do not object, we may use limited information about you to maintain an office directory, to notify family members or any other person identified by you regarding issues directly related to such person’s involvement with your care or payment for that care, or in emergency circumstances.
- For Purposes for Which We Have Obtained Your Written Permission. All other uses or disclosures of your Protected Data will be made only with your written permission, and you may revoke any permission that you give us at any time.
- Situations Permitted or Required by Law. We also may use or disclose your Protected Data without your written permission for other purposes permitted or required by law, including, but not limited to the following:
- Complaints About Misuse of PHI. You may complain either directly to us or to the Secretary of Health and Human Services if you believe that your rights with respect to our protection of your health information have been violated. To file a complaint with us, you may send a written statement outlining your complaint, the facts and circumstances surrounding your complaint, including the names, dates, and as many details as possible. You will not be retaliated against in any way for filing a complaint.
- Our Practices Regarding Confidentiality and Security. We restrict access to Protected Data about you to those employees and subcontractors who need to know that information in order to provide products and services to you. We maintain physical, electronic, and procedural safeguards that comply with state and federal regulations to guard your Protected Data.
- Our Duties. We are required by law to maintain the privacy of Protected Data and to provide individuals with notice of our legal duties and privacy practices with respect to Protected Data. If unsecured Protected Data is acquired, used, or disclosed in a manner that is not permitted under the Privacy Rules that compromises the security or privacy of that Protected Data, (referred to as a “Breach”), we are required to provide appropriate Notice as defined by law without unreasonable delay and in no case later than 60 days after the discovery of the Breach or the receipt of information of the Breach. We may delegate this duty to a subcontractor. We are required to abide by the terms of the Notice that is currently in effect. We will provide you a paper copy of this Notice upon your request.
- Revisions to this Notice. We reserve the right to change the terms of this Notice and to make the new Notice provisions effective for all Protected Data we maintain, regardless of whether the Protected Data was created or received prior to issuing the revised Notice. Whenever there is a material change to our use and disclosure of Protected Data, individual rights, our duties, or other privacy practices stated herein, we will promptly revise and distribute the new Notice.
- Contact Person for Filing Complaint or Obtaining Other Information. If you believe your privacy rights have been violated, you may file a written complaint with our Privacy Officer at the following address:
The Stormfire Group, LLC
19046 Bruce B Downs Blvd
Tampa, Florida 33647
Phone: (813) 344-1124
5. Securities Information
This Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. This Site may contain information and press releases about IVR Lab, and although this information was believed to be accurate as of the date prepared, IVR Lab disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a “forward-looking statement” as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the “safe harbor” for forward-looking information and is subject to material risk factors which may or may not be disclosed herein.
6. Disclaimer of Warranty and Liability
THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.
IVR LAB MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT WITH REGARD TO ANY AND ALL SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE IS WITH YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IVR LAB SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF IVR LAB TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU FOR USE OF THIS SITE.
7. Corrections and Changes
IVR Lab endeavors to keep the Site and Site Materials up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, IVR Lab is not responsible for any errors or omissions in the Site or Site Materials. IVR Lab may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and IVR Lab makes no commitment to update the information contained on or in this Site. IVR Lab reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
You agree to defend, indemnify, and hold harmless IVR Lab, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including without limitation attorneys’ fees and litigation expenses) relating to or arising from this Site, your use of this Site, your fraud, violation of the law, or willful misconduct, and any breach by you of these Terms and Conditions.
9. Links to Other Websites
This Site may, from time to time, contain links to other Internet websites for the convenience of users in locating information, products, or services that may be of interest. These sites are maintained by organizations over which IVR Lab exercises no control, and IVR Lab expressly disclaims any and all responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on these third-party sites. Without limiting anything else in these Terms and Conditions or otherwise, IVR Lab is not responsible for any errors or omissions in the Site or Site Materials, or for the information, links, text, graphics, or other items made available on other websites or by third parties.
10. Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither IVR Lab nor its contractors will be liable for any loss resulting from the failure of electronic or mechanical equipment, or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
11. Governing Law and Jurisdiction
These Terms and Conditions, including, without limitation, the Privacy Statement, represent the entire agreement between you and IVR Lab with respect to the subject matter hereof and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Florida, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW.
By accessing, viewing, or using the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in Florida, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by IVR Lab from its offices within the United States. Without limiting anything else, IVR Lab makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable laws. The waiver or failure of IVR Lab to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions, including, without limitation, the Privacy Statement, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Statement). The waiver or failure of IVR Lab to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.