Terms of Use for Academic Research under Grant
Last Updated: July 9, 2024
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Terms of Use for Academic Research under Grant
Welcome to Payerset! These Terms of Use ("Terms") govern your ("you" or "your") access to and use of the services provided by Payerset LLC ("Payerset," "we," "us," or "our"), including the data and content provided through our Rate Explorer (self-service portal for exploration of price transparency data) for non-commercial academic research. By using our Service, you agree to be bound by these Terms without modification and they constitute a legally binding contract between you and Payerset.
1. Eligibility
To access and use our Service, you must be at least 18 years old. By using our Service, you represent and warrant that you meet this age requirement and that you have the legal capacity and authority to enter into a binding contract. Our Service is currently available only to independent researchers under grant in the United States. Any other usage must be authorized by Payerset in advance in writing.
2. Accounts and Access
To access and use our Service, you may be required to create an account by providing certain information, including but not limited to your name, email address, username, password, and other account information. You are responsible for maintaining the confidentiality of your account credentials and you agree not to share or transfer your credentials to any third party. You must immediately notify Payerset at infosec@payerset.com of any unauthorized use of your account or any other breach of security. Payerset will not be liable for any losses or damages resulting from your failure to comply with this section. Knowingly sharing your credentials with anyone constitutes grounds to terminate this Agreement.
3. License Grant
Subject to the terms and conditions of these Terms, we grant you a limited, nonexclusive, nontransferable license to use the Service solely for non-commercial academic research purposes. All proprietary rights, including intellectual property rights, in the Service will remain the property of Payerset. You agree and acknowledge that Payerset may use anonymized, aggregated usage metrics to improve the Service.
4. Restrictions of Use
a. Payerset provides the Service solely for your individual use to support your academic research during the term of this Agreement and in accordance with all terms contained herein. Sharing of log-ins or passwords is expressly prohibited.
b. Except as otherwise expressly provided in these Terms, you agree that you will not download, copy, transfer, distribute, reproduce, reverse engineer, decrypt, decompile, disassemble, create derivative works from, or make any part of the Service available to others unless preapproved in writing by Payerset.
c. You may use the data provided by Payerset solely for the purposes outlined in these Terms and in compliance with all applicable laws, regulations, and industry standards. You are responsible for ensuring that your use of the data does not infringe on any third-party rights, including but not limited to intellectual property rights and privacy rights.
5. Duration of Access
The duration of access to the Service will be determined solely by Payerset. This access can be based on the grant term, the semester term, or a term defined at Payerset’s discretion. The term that Payerset determines is final and non-negotiable. If your grant period ends or is terminated, your access to the Service will be discontinued unless otherwise agreed in writing by Payerset.
6. Data Use and Restrictions
Data accessed through Payerset’s Rate Explorer is solely for non-commercial academic research. Selling any data, derivative products from the data, insights, consulting, or information from this data is strictly prohibited. Payerset must be cited as the source for this data in all research outputs.
7. Confidentiality
By using our Service, you agree to treat all information, data, and materials provided by Payerset as confidential and to use them solely for the purposes authorized by these Terms. You must not disclose, share, or distribute any such confidential information or materials to any unauthorized third parties, nor use them for any purpose other than as expressly permitted under these Terms.
8. Data Quality
The quality of the data provided by Payerset depends on the accuracy, completeness, and timeliness of the information provided by the health insurance carriers (“payers”, “payors”). While we strive to ensure the highest possible data quality, we cannot guarantee that the data is free from errors, omissions, inaccuracies, or outdated information. We are not responsible for any decisions, actions, or inactions taken based on the data.
9. Data Protection and Compliance
We are committed to protecting the privacy and security of the data we process on behalf of our users. We comply with the Health Insurance Portability and Accountability Act (“HIPAA”) and other applicable data privacy and security standards. However, we are not liable for any personally identifiable information (“PII”), protected health information (“PHI”), or non-public personal information (“NPI”) included in the original files provided by payors.
10. Indemnification
If Payerset and its directors, officers, agents, and employees should incur any liability to a third party arising out of or in any way related to (a) your breach of these Terms, (b) your use of the Service, you agree to indemnify and hold Payerset and its directors, officers, agents, and employees free and harmless from any such liability, and from all loss, claims, costs, demands, debts and causes of action in connection therewith, including reasonable attorney's fees and expenses.
11. Limitation of Liability
To the maximum extent permitted by law, Payerset LLC, its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use of, or inability to use, our Service or the data provided by Payerset.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or the use of our Service shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts and waive any objections to the venue in those courts.
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13. Limited Seats and Availability
Due to the limited number of seats available, access to the Service is provided on a first-come, first-served basis and is subject to the merits of the research in alignment with our vision of amplifying the value and usefulness of price transparency data. Payerset reserves the right to reject any application without providing a reason or explanation.
14. Contact Us
If you have any questions about these Terms or the Service, please contact us at info@payerset.com.
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