These terms and conditions (“Terms”) govern the provision and your use of the Humana Remote Heart Health Service (“Remote Heart Health Service”), provided by Humana (“Service Provider”). References to “you” and “your” are references to the person agreeing to these Terms, and references to the “Beneficiary” refer to the person at whose residence the Devices (as defined in Section 3 below) will be located.
By using the Remote Heart Health Service, you agree to these Terms. If you do not agree to these Terms, please do not use the Remote Heart Health Service. As a condition to the provision of the Remote Heart Health Service and Devices, you represent you are at least 18 years old and agree to be bound by these Terms.
No Provider-Patient relationship is established; no endorsements.
The Service Provider does not dispense medical, diagnosis or treatment advice. If you think you have a medical emergency, call your doctor or 911 immediately. Do not disregard, avoid or delay getting medical or health-related advice from your health care professional because of any information provided by the Remote Heart Health Service. The information provided is not (and should not be used as) a substitute for professional medical advice, treatment or diagnosis. Always seek the advice of a qualified medical professional with any questions you may have about your health and before undertaking or changing an exercise regimen, diet or course of medical treatment, or accessing a health-related resource or program.
Your use of the Remote Heart Health Service does not in any way create a provider-patient relationship; any sort of confidential, fiduciary or professional relationship; or any other special relationship that would give rise to any duties on Service Provider’s part. Service Provider does not recommend or endorse any specific health care services, tests, health care providers, procedures, treatments or opinions, or other information provided by the Remote Heart Health Service.
Data collection and privacy.
To provide the Remote Heart Health Service, including the setup and ongoing service and support, Service Provider and its third-party partners (“Third Parties”) will collect information detected by the remote patient monitoring devices (the “Devices”), including location information, and may collect network and Device-related information from the Devices connected to the your home network. This data is collected by Third Parties on Service Provider’s behalf. The Third Parties will share the data they collect with Service Provider so that Service Provider can engage in health care operations (e.g., case coordination and case management activities), improve its products and Remote Heart Health Service, and for any other activity permitted by applicable law. The data that is collected from the Devices may be considered Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
You hereby grant Service Provider and all other persons or entities involved in the operation of Remote Heart Health Service the right to transmit, monitor, store, retrieve and use information in connection with providing the Remote Heart Health Service to you. You further consent to the transfer, processing, disclosure, use and storage of your personal information to and by Third Parties (on Service Provider’s behalf) in accordance with these Terms.
THE REMOTE HEART HEALTH SERVICE IS PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS. OTHER THAN AS EXPRESSLY SET FORTH HEREIN, SERVICE PROVIDER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICE PROVIDER MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE REMOTE HEART HEALTH SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE REMOTE HEART HEALTH SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE EXCLUSIONS HEREIN MAY NOT APPLY TO YOU.
The Remote Heart Health Service and your obligations.
You understand that you are responsible for maintaining the confidentiality of any of your user names and passwords for the Remote Heart Health Service and you assume all risk relating to sharing any such information with anyone else. Either Party may terminate the Remote Heart Health Service at any time. Call 1-800-662-9508 to cancel the Remote Heart Health Service. Upon cancellation or termination of the Remote Heart Health Service, Service Provider will notify you of how to return any Devices.
You agree that you are not permitted to do or assist anyone else in doing any of the following:
- Attempt to gain unauthorized access to the Remote Heart Health Service
- Impersonate another user or allow another user to use your name and identifying information to access the Remote Heart Health Service
- Use the Remote Heart Health Service in any manner that violates any laws
- Modify or alter the Devices or the Remote Heart Health Service or connect any devices not approved by the Service Provider to the Remote Heart Health service
- Lease, loan, sell, transfer or otherwise make the Devices available to any third party
- Reverse engineer, decompile or disassemble the Devices or any component(s) thereof
- Mortgage, pledge or encumber the Devices
You will use the Devices only in accordance with the instructions of Service Provider. You agree that Service Provider may take any measures that we deem appropriate, in our sole discretion, to prevent the violation of and to enforce these Terms. You agree that Service Provider may take any actions permitted or required by law (including the suspension or termination of your account or your access to the Remote Heart Health Service) if we believe, in our sole discretion, that you are engaging in activities that violate these provisions, could expose Service Provider or our vendors or business partners to liability, or could harm Service Provider’s business reputation.
Setup and other in-person support.
If the provision of the Remote Heart Health Service to you requires an in-person visit to provide assistance to you regarding setting up or providing support for the Remote Heart Health Service, the following terms apply:
- An adult at least 18 years old must be present to authorize, review and approve all work completed.
- You agree to permit Service Provider to set up the Devices during normal business hours, in such location(s) and such a manner as to fully comply with applicable state laws and regulations, and to give Service Provider uninterrupted access to your premises.
- You have approved the locations where each piece of Devices will be set-up / installed, which may replace your existing devices.
- You will provide 110 volt electrical service; Service Provider does not install, move or alter outlets. Service Provider is not responsible for cosmetic blemishes to walls or wall coverings arising from the installation of any devices.
- Service Provider requires a safe working environment and reserves the right to refuse or reschedule service due to conditions Service Provider deems dangerous or unsafe, including any public health–related conditions. If hazardous material is encountered during setup, Service Provider will cease work until you have, at your sole expense, obtained clearance from a licensed hazardous material contractor that continuation of work will not pose any danger to Service Provider personnel.
- You confirm that Service Provider has the right and is allowed to do the work you request at your premises and collect data from the equipment (e.g., you’ve obtained any necessary permission from a landlord, homeowner’s association, etc.). You are responsible for complying with all laws and regulations applicable to the use of the Remote Heart Health Service by you, including any required permits and consents regarding audio or video recordings.
- If the Devices include any wireless devices, you will replace the batteries as needed. If you fail to replace the batteries, the Remote Heart Health service will not work properly.
Limitations of Service.
Service Provider shall not be liable for any failure or delay in performance due to any cause beyond Service Provider’s control. Service Provider reserves the right to refrain from providing the Remote Heart Health service, wholly or in part, on the basis that the minimum system requirements are not met or your technical needs or other requirements are unusual or extensive and beyond the scope of these Terms, as determined by Service Provider.
The Devices communicate through the Internet and/or cellular or radio services. You acknowledge that certain signals are transmitted over communications facilities provided by independent carriers or providers, which are wholly beyond Service Provider’s control and are maintained and serviced solely by the applicable carrier or provider. Service Provider is not responsible for access to the internet or any interruption of service or down time caused by loss of Internet service. Service Provider is not responsible for the security or privacy of any wireless network system. You acknowledge and agree the Remote Heart Health Service may not function if you or anyone else disconnects any Devices from the Remote Heart Health Service or you or anyone else reconnects any Devices to the Remote Heart Health Service in any premises other than the premises at which we installed the Devices and set up the Remote Heart Health Service.
Changes to Terms of Service or the Remote Heart Health Service.
Service Provider may change these Terms from time to time. Upon any such change, you will be notified via e-mail or other method. Service Provider reserves the right to modify the Remote Heart Health Service with or without notice to you. Your use of the Remote Heart Health Service constitutes affirmative Terms to abide by and be bound by these Terms, including any modifications. If you have questions about changes to the Remote Heart Health Service or these Terms, you may contact Service Provider at 1-800-662-9508.
Consent to contact.
You agree that Service Provider may contact you by telephone (including cell phones), facsimile, email or other internet facilities, with respect to the Remote Heart Health service and other offerings we may make available in the future. Voice and data rates may apply.
The Remote Heart Health Service may include one or more Devices capable of recording audio and/or video. The recording of audio and video is subject to applicable federal, state and local laws which may require, for example, the Beneficiary to provide notice of audio and video recording. It is your responsibility to ensure your use of these devices complies with applicable law. You acknowledge and agree that it is your responsibility to comply with applicable federal, state and local laws regarding the recording of audio and video.
Service Provider may assign these Terms at any time without notice to you. You may not assign these Terms to anyone else. Any attempted assignment or delegation by you is null and void.
These Terms shall be governed by and construed in accordance with the laws of the states of Georgia and South Carolina, excluding its conflict of law provisions. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
 Parties to discuss party to these terms.
 Parties to discuss members with PoAs, etc.
 Parties to discuss any need to dovetail with existing Humana terms.
 Parties to discuss what, if anything, to add describing the service.