The Treatspace Story: We Help Save Lives with Software

Fellowship Program

The Treatspace Fellowship Program offers a one-of-a-kind opportunity for recent college graduates.

Our fellows participate in a unique year-long immersion process and obtain the skills and techniques necessary for success in the real world.

Fellows will use these skills and their creative talents to develop powerful, innovative, and revolutionary prototypes, technologies and systems for medical offices around the country.

With strong connections to the medical and software industries, the program is a springboard into future opportunities in medical multimedia, software, creative writing, and business fields.

As a Treatspace Fellow, you will:

Receive intensive training in Treatspace technology production processes
Join a creative and innovative team in content development, technology, or marketing
Participate in the growth and development of a dynamic young company in the heart of Pittsburgh, Pennsylvania

Becoming a Fellow

Providers and patients demand solutions to real-world problems in diverse areas in healthcare, from finance and statistics to mentoring, medical trials, new software tools, project management, business leadership, and many others. For this reason, Treatspace seeks out high-potential developers, designers, and writers, as well as exceptional business talent, to take part in the Treatspace Fellows Program for recent college graduates.

We recruit on college campuses, find exceptional students with high potential, and train them to become innovators. Fellows undertake an intensive orientation in the Treatspace development process and immediately begin honing their skills in their chosen department, such as content development, multimedia design, technology, or marketing.

Acceptance to this program is highly competitive. We seek talented individuals with:

Demonstrated creativity and academic excellence
Strong writing, design, and analytical abilities
A thirst for knowledge in a broad array of content areas ranging from cytology to social media

What Does it Take?

Qualifications vary by position, but generally speaking we seek talented individuals with demonstrated creativity, a passion for learning, strong analytical abilities, interest in training for a broad array of content areas ranging from cytology to social media, and “most importantly” a willingness to roll up their sleeves and make a difference in a collegial team environment. Candidates should be self-motivated and must want to work in a fast-paced, high-tech environment. For additional information please contact us at fellowships@treatspace.com.

Fellowship Openings

Positions for the 2017 Treatspace Fellowship Program are available in:

Marketing
Technology
Content Development

Students interested in more than one of these fields have the option to select “rotational” on their applications. During the course of the 6-month period, a rotational Fellow spends time in all departments.

Specific Qualifications

Content Fellows absorb everything they can about a diverse array of topics in medicine and then write instructional material for providers and patients.

Strong writing skills
Analytic and spatial abilities
Intellectual curiosity, creativity, flexibility
Ability to work in a fast-paced, collaborative, deadline-based environment
Excellent communication skills and professional demeanor
Proven record of academic achievement

Marketing Fellows are responsible for framing Treatspace’s image and value to clients through advertising, sales support, and public relations.

Strong writing ability
Excellent verbal and written communication skills
Demonstrated time-management and organization skills
Ability to think strategically to develop marketing plans
Proven record of academic achievement

Other beneficial qualifications:

Coursework or experience in business or communications
Experience interacting with clients

Technology Fellows are an integral part of the Treatspace team and are responsible for developing simulations and interactive experiences using a variety of tools like Python, Django, Ajax, Javascript, and XML.

Ability to quickly solve technical problems independently or in small teams
Ability to communicate effectively with other team members and with clients
Experience in Ajax, Ruby on Rails, Java or an equivalent development language
Proven record of academic achievement

How to Apply

Apply for our fellowship below by providing the following within one PDF (with multiple pages):

A one-page resume and cover letter that tells us why you are qualified for this position and tells us what your provider should change to make her or his practice website better (please be thorough and outline your ideas in a clean, scan-able format)
A paragraph detailing the best medical practice website you have seen in the last 12 months
A paragraph suggesting an innovative design concept that we should consider when working with our medical practices
A paragraph-length anecdote discussing your interest/passion for healthcare
Explain your reasons for wanting this fellowship and state your availability. Attach your unofficial transcript, portfolio/writing samples, and URL submissions (if applicable)

Send your PDF to fellowships@treatspace.com.

Press Kit

Media Relations
(800) 447-9370
team@treatspace.com

Imagine care coordination that is simple, dependable and efficient. By moving clinical relationships online with Treatspace, health care providers, practices, and hospitals are able to:

Communicate clearly with patients
Better manage the referral process
Foster straight-forward connections with colleagues next door and around the globe

These systematic improvements to healthcare delivery save money, time, and lives while helping meet standards for:

HIPAA compliance
ACA-related incentive programs
Patient-Centered Medical Home (PCMH) Recognition
Accountable Care Organization (ACO) Accreditation

Treatspace offers three Software as a Service (SaaS)-based products designed to fully integrate with any electronic medical record (EMR) system:

Referral Network

Allows medical practices to initiate and send referrals quickly and reliably through a secure, closed-loop management system that works with patients and practices regardless of EMR and organizational boundaries.âÂÂ

Patient Network

Enables medical practices to develop digital communities that engage current patients and attract new ones.

Clinical Network

Facilitates peer to peer collaboration in the medical community via secure, intuitive tools.

The healthcare community is facing an expanding patient population living longer lives, but also plagued with multiple health issues.

The costs of care are rising
Physician shortages are resulting in larger workloads
Care transitions are growing in complexity

As a result, the Treatspace product suite has the potential to make a massive impact on Health IT because it reliably and efficiently solves the care coordination problem created by this scenario.

In helping the healthcare community better manage complex cases and care transition, Treatspace is positioned to help end avoidable complications and readmissions, errors that are directly responsible for over $45 billion in unnecessary healthcare spending each year.

Treatspace Timeline

March 25, 2012 – Treatspace takes top prize at Startup Weekend
March 28, 2012 – Treatspace inducted into Project Olympus incubator at Carnegie Mellon University
June 19, 2012 – First customer sale to Everett & Hurite Ophthalmic Association for our Patient Network product
June 20, 2012 – Treatspace, Inc. founded as a Delaware Corporation
June 28, 2012 – Treatspace awarded $25,000 in funding from Innovation Works, Inc. and joins the prestigious AlphaLab accelerator program
December 31, 2014 – The Pittsburgh Life Sciences Greenhouse provides economic development funding to Treatspace
January 27, 2014 – Innovation Works, Inc. provides economic development funding to Treatspace
June 24, 2014 – The Urban Redevelopment Authority of Pittsburgh provided economic development funding to Treatspace
July 13, 2014 – Treatspace won Running with the Bulls investment competition
November 18, 2014 – Treatspace wins the Global Action Challenge and a $1 Million Innovation Investment Award
December 15, 2014 – Treatspace graduates from Carnegie Mellon University’s Project Olympus accelerator and moves into its current office space
February 9, 2015 – The Referral Network is launched with Genesis Medical Associates and over 50 specialty practices and 2 hospitals / IDNs
April 20, 2015 – The Clinical Network product is launched. The Skull Base Congress begins using the product for global clinical collaboration
June 16, 2015 – Treatspace won $10,000 in the UpPrize Social Innovation Challenge sponsored by the Forbes Funds and BNY Mellon

Treatspace Privacy Policy

Last modified: March 23, 2015

I. Introduction to Privacy Policy

This Online and Privacy Policy ( “Privacy Policy” ) explains how information is collected, used and disclosed by Treatspace ( “Treatspace” ), and applies to information we collect when you use or access our website (www.treatspace.com) products, services (collectively, “Treatspace Services” and “Services”), or when you otherwise interact with us.

There are many differerent ways Treatspace Services can be used. Further, we provide our Services to both healthcare professionals and patients of healthcare professionals. Treatspace users gain access to Treatspace Services based on their level of access governed by their subscription level. As you use our Services, we want you to be clear how we’re using information and the ways in which you can protect your privacy.

Our Privacy Policy explains:

What information we collect and why we collect it
How we use that information
The choices we offer, including how to access and update information

We’ve tried to keep it as simple as possible, but if you’re not familar with terms like cookies, IP addresses, pixel tags and browsers, then read about these key terms first. Your privacy matters to Treatspace and if you have any questions, please email privacy@treatspace.com.

II. Information We Collect

We collect information to enable our platform to provide the Services offered to our subscribers and to understand how users are interacting with our Services so that we can continuously improve our platform.

We collect information in several ways:

Information you give us: For example, some of our Services require you to sign up for a Treatspace Account. When you do, we’ll ask for personal information, like your name, email and birthday in order to complete your account activation. We also offer products that work best with positive verification of your identity. These products currently require a government issued photo identification to confirm your identity. In the future, we may automate this further by using an automated identity verification service. For certain premium Services, we may offer the ability to pay for these Services using a credit card in which case we would collect additional information such as phone number, billing address and credit card data. IN ALL CASES, you are in control of the information you choose to provide Treatspace.

Information Provided to Us by Your Healthcare Provider:

Healthcare providers contract with Treatspace for referral management services and may choose to provide Treatspace with patient demographic data to facilitate referrals from one healthcare provider to another. Treatspace does not disclose your personal demographic or clinical data to any outside parties other than your healthcare providers – for the sole purpose to transitioning your care from one setting/provider to another. If you do not wish to have your referrals sent using Treatspace, you should notify your healthcare provider or contact Treatspace directly at support@treatspace.com.

Information we get from your use of our services: We collect information about the products that you use and how you use them, like when you visit particular website pages, or when you interact with website content. This information includes:

Device information – We collect device-specific information (such as your hardware model, operating system version and unique device identifiers).

Log information – When you use our products or view content provided by Treatspace, we automatically collect and store certain information in server logs. This includes:

details of how you used our service, such as your search queries
Internet protocol address
device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL
cookies that may uniquely identify your browser or your Treatspace Account

Location information – When you use Treatspace services, we may collect and process information about your actual location. We use various technologies to determine location, including IP address.

Local storage – We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML5) and application data caches.

Cookies and anonymous identifiers – We use various technologies to collect and store information when you visit Treatspace Services, and this may include sending one or more cookies or anonymous identifiers to your device. Treatspace uses cookies to make interactions with the websites easy and meaningful. When you visit the website, Treatspace’s servers may send a cookie to your computer. Standing alone, cookies do not personally identify you; they merely recognize your Web browser. Unless you choose to identify yourself, either by responding to a promotional offer, opening an account, or filling out a web form, you remain anonymous. We use cookies to help us recognize you across different Services, learn about your interests both on and off our Services, improve your experience, increase security, and measure use and effectiveness of our Services. You can control cookies through your browser settings and other tools. By visiting our Services, you consent to the placement of cookies and beacons in your browser and HTML-based emails in accordance with this Privacy Policy. Please note that if you disable your Web browser’s ability to accept cookies, you will be able to navigate the websites, but you may not be able to successfully use the services.

Web Beacons – Treatspace uses Web beacons alone or in conjunction with cookies to compile information about customers’ and visitors’ usage of the websites and interaction with emails from Treatspace. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular website tied to the Web beacon, and a description of a website tied to the Web beacon. Treatspace uses Web beacons to operate and improve the website and email communications.

III. How We Use Information We Collect

We use the information we collect from all of our Services to provide, maintain, protect and improve them, to develop new ones, and to protect Treatspace and our users.

We may use the name you provide across certain Services we offer that require a Treatspace Account. Examples include Kudos, Treatmail™, Taking Patients and Blogs (commenting feature).

As a healthcare provider, if you have a licensed Treatspace profile, we may display all of your submitted DoctorFacts™ to include your Profile name, Profile photo and other data available on your Curriculum Vitae (CV). You may choose to edit your Treatspace Profile at any time in order to add, remove or update your information.

When you contact Treatspace, we keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.

We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services. We will not associate a cookie or anonymous identifier with sensitive categories, such as those based on race, religion, sexual orientation or health.

We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.

IV. Transparency and Account Settings

People have different privacy concerns. Our goal is to be clear about what information we collect, what information we share and how we communicate with you so that you can make meaningful choices about your privacy. For example, you can:

Visit your Treatspace “Settings” page to control how we communicate with you, if your account is linked with your Facebook or Google account and any of your personal information.

You can also opt out of any Treatspace Services at any time. All communications we send to you will contain an “Unsubscribe” link which you can click on at any time. This will take you to your Treatspace “settings” page where you can change your email settings. If you are not logged in to Treatspace, you will have to log in to make these changes.

If you want to permanently deactive your account, please send email to support@treatspace.com with your request.

You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that some of our services may not function properly if your cookies are disabled. For example, we may not remember your language preference.

V. Information You Share

Many of our services let you share information with others. Remember that when you share information publicly, it may be indexable by search engines, including Treatspace. Our platform services allow you to send a healthcare provider “Kudos” which requires your name and email address. If you do not wish to have your name indexed by a search engine, you should not give “Kudos” to a healthcare provider. Any Treatspace service which allows you to share information about your health will not be indexed by any search engine or made public by Treatspace. This information will be sent securly to your designated healthcare provider and will be encrypted during transit and when not being viewed by your chosen provider.

VI. Accessing and Updating Your Personal Information

Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity and/or email address before we can act on your request.

We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).

Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our encrypted active servers and may not remove information from our encrypted backup systems.

VII. Information We Share

We do not share personal information with companies, organizations and individuals outside of Treatspace unless one of the following circumstances applies:

With your consent: We will share personal information with companies, organizations or individuals outside of Treatspace when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information.

With healthcare providers: If your Treatspace Account is managed for you by a healthcare provider (for example, for referrals on the Referral Network product) then your healthcare provider will have access to your medical information (including your email and other data). Your healthcare provider may be able to: review your medical information in order to provide medical services or satisfy applicable law, regulation, legal process or enforceable governmental request. Please refer to your healthcare provider’s HIPAA and privacy policy for more information.

For Permitted or Required by Law Activities: There are situations where we may use and/or disclose your health information without first obtaining your written authorization for purposes other than for treatment or healthcare operations. Except for the specific situations where the law requires us to use and disclose information (such as reports of births to the health department or reports of abuse or neglect to social services), we have listed all these permitted uses and disclosures in this section.

For Public Health Activities: We may use or disclose health information to a public health authority that is authorized by law to collect or receive information in order to report, among other things, communicable diseases and child abuse, or the F.D.A to report medical device or product related events. In certain limited situations, we may also disclose health information to notify a person exposed to a communicable disease.

For Health Oversight Activities: We may disclose health information to a health oversight agency that includes, among others, an agency of the federal or state government that is authorized by law to monitor the healthcare system.

For Law Enforcement Activities: We may disclose limited health information in response to a law enforcement official’s request for information to identify or locate a victim, a suspect, a fugitive, a material witness or a missing person (including individuals who have died) or for reporting a crime that has occurred on our premises or that may have caused a need for emergency services.

For Judicial and Administrative Proceedings: We may disclose health information in response to a subpoena or order of a court or administrative tribunal.

To Coroners, Medical Examiners, and Funeral Directors: We may release health information to a coroner or medical examiner to identify a deceased person or to determine the cause of death.

For Purposes of Organ Donation: We may disclose health information to an organ procurement organization or other facility that participates in the procurement, banking or transplantation of organs or tissues.

For Purposes of Research: We may conduct and/or particiate in medical, social, psychological and other types of research. Most research projects are subject to a special approval process to evaluate the proposed research project and its use of health information before we use or disclose health information. In certain circumstances, however, we may disclose health information to people preparing to conduct a research project to help them determine whether a research project can be carried out or will be useful, so long as the health information they review does not leave our premises.

To Avoid Harm to a Person or for Public Safety: We may use and disclose health information if we believe that the disclosure is necessary to prevent or lessen a serious threat or harm to the public or the health or safety of another person.

For Specialized Government Functions: We may use and disclose health information of certain military individuals, for specific governmental security needs, or as needed by correctional institutions.

For Workers’ Compensation Purposes: We may disclose your health information to comply with the workers’ compensation laws or other similar programs.

For Appointment Reminders and to Inform You of Health Related Products or Services: We may use or disclose your health information to contact you for medical appointments or other scheduled services, or to provide you with information about treament alternatives or other health-related products and services.

All Other Uses and Disclosures Require Your Prior Written Authorization.

For situations not generally described in our Notice, we will ask for your written authorization before we use or disclose your health information. You may revoke that authorization, in writing, at any time to stop future disclosures of your information. Information previously disclosed, however, will not be requested to be returned nor will your revocation affect any action that we have already taken. In addition, if we collected the information in connection with a research study, we are permitted to use and disclose that information to the extent it is necessary to protect the integrity of the research study.

If Treatspace is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.

VIII. Information Security

We work hard to protect Treatspace and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:

We encrypt many of our services using SSL and at-rest encryption technology. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. We restrict access to personal information to Treatspace employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

IX. When This Privacy Policy Applies

Our Privacy Policy applies to all of the services offered by Treatspace Inc. and its affiliates, and services offered on other sites, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results, sites that may include Treatspace services, or other sites linked from our services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

X. Compliance and Cooperation With Regulatory Authorities

We regularly review our compliance with our Privacy Policy. We also adhere to several self regulatory frameworks. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

XI. Information Regarding Children

Persons must be of Minimum Age to use Treatspace. Treatspace does not collect information from children under the age of 13. If you are a parent or legal guardian of a minor child, you may, in compliance with the Terms of Use, use the Site or Services on behalf of such minor child. Any information that you provide while using the Site or Service on behalf of your minor child will be treated as Personal Information as otherwise provided herein.

Treatspace and its members agree to comply with the requirements of COPPA (Children’s Online Privacy Protection Act), which severely restricts what information can be collected from children under the age of 13. Children under the age of 13 in the United States are prohibited from using the site. The site is not directed at children and Treatspace does not knowingly collect any information from individuals under the age of 13. We will use that information only to respond directly to that child (or a parent or legal guardian) to inform him or her that he or she cannot use the services and subsequently we will delete that information from our own servers.

XII. Changes

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

Security

Last modified: March 23, 2015

Treatspace takes security seriously and uses best-in-practice industry standards, proprietary security, and encryption technologies to protect you. We also have policies and protocols in place to ensure the security of your data, our systems, and your service.

All users of the system have a login / password that limits access to only their specific user data or organizational-level data. All data submitted on the website is sent / received using Secure Socket Layer (SSL) technology to connect to the Treatspace servers. Specifically, upon submission of the form data, Transmit Layer Security (TLS) using an Advanced Encryption Standard (AES) connection is used to transmit the data to Treatspace servers. When the data arrives, the user sending the data is authenticated to ensure they are authorized to submit the data based on their login credentials which are granted by Treatspace when the account is established. All data at rest is encrypted. All access to data is logged. All data is backed-up and encrypted on a regular basis.

To protect any data you store on our servers, we also regularly monitor our system for possible vulnerabilities and attacks. However, we cannot ensure or warrant the security of any information that you transmit to us due to the internet not being 100% secure despite the physical, technical, or managerial safeguards that Treatspace has put into practice. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breaching of our security systems. It is your responsibility to protect the security of your login information. Please note that emails, instant messaging, and similar means of communication with other Members are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

HIPAA Privacy Policy Statement

Treatspace works with industry groups to ensure that its products and services meet or exceed industry standards with respect to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). Treatspace’s services are specifically designed to include features that help our customers comply with HIPAA. Treatspace uses a relational database that employs a secure login process requiring a username and password. Treatspace programmers work with material which may occasionally contain ePHI. All aforementioned programmers go through a clearance process and are required to have unique usernames and passwords when working with the server. When a user adds or modifies data within the database, a record is made that includes which data were changed, the user ID, and the date and time the changes were made. This establishes an audit trail that can be examined by authorized system administrators.

Business Associate

HIPAA requires health care providers to enter into "business associate" contracts with certain businesses to which they disclose patient health information. These business associate contracts generally require the recipients of such information to use appropriate safeguards to protect the patient health information they receive. To perform certain service and support functions, Treatspace personnel may need access to patient health information maintained by its customers. As a result, Treatspace may be considered a "business associate" of customers to whom it provides such services.

Treatspace’s business associate agreement will assure its customers that the company will use patient information obtained from them to provide services and support only and will safeguard that information from misuse.

Privacy & Security Policy

To implement these business associate requirements and protect the confidentiality and integrity of the patient information it receives, Treatspace’s Privacy and Security Policy will:

Provide that the company obtain and use confidential patient health information obtained from its customers only as necessary to perform customer service and support functions;

Limit access to such information to those employees and agents who perform identified service and support functions;

Prohibit disclosure of patient health information received from customers to persons who are not employees or agents of the company in the absence of express approval from the legal department and, if appropriate, the customer and/or patient;

Require all employees and agents of the company to report uses and disclosures of patient information that are not permitted by Treatspace’s Privacy and Security Policy;

Provide that Treatspace investigate all reports that patient health information was used in a manner not permitted by its Privacy and Security Policy and will impose appropriate sanctions for conduct prohibited by the policy;

Establish that Treatspace employees who may come in contact with patient health information receive training regarding Treatspace's Privacy and Security Policy and the importance of protecting the privacy and security of patient health information; and

Provide for the storage and transmission of patient health information received from customers in a secure manner that protects the integrity, confidentiality and availability of the information.

For more detailed information about Treatspace’s policies and procedures, please feel free to contact support@treatspace.com or call (657) 444-7221.

Terms Of Use

Last modified: September 6, 2018

All Treatspace users agree to abide by the user policies set forth in the following User Agreement.

The treatspace.com Web Site (the “Site”) is an online information service provided by Treatspace, Inc. (“Treatspace“), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. TREATSPACE RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME. TREATSPACE WILL PROVIDE NOTICE TO USERS OF THE SITE THAT OUR TERMS OF USE HAVE CHANGED, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON YOUR NEXT SUCCESSFUL LOGIN TO USE THE SITE. YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

TREATSPACE WILL ALSO PROVIDE NOTICE VIA EMAIL TO ALL PRIMARY CONTACTS LISTED ON YOUR SUBSCRIPTION AGREEMENT WHEN OUR TERMS OF USE HAVE CHANGED.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Treatspace, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Treatspace a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Treatspace by all means and in any media now known or hereafter developed. You also grant to Treatspace the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Treatspace for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Treatspace.

TRADEMARKS

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Treatspace. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by Treatspace, Treatspace does not operate, control or endorse any information, products or services on the Internet in any way. Except for Treatspace-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Treatspace. You also understand that Treatspace cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Treatspace PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Treatspace SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Treatspace DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Treatspace HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

TREATSPACE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO CUSTOMER OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE USE OF THE SERVICES OR THESE TERMS, EVEN IF TREATSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, TREATSPACE’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNTS PAID TO TREATSPACE BY CUSTOMER DURING THE TERM OF THE SALES AGREEMENT OR (II) $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

TREATSPACE DOES NOT MONITOR OR PRESCREEN USER-GENERATED CONTENT BEFORE IT IS POSTED AND DOES NOT UNDERTAKE ANY OBLIGATION OR LIABILITY RELATED TO ANY SUCH CONTENT, BUT RESERVES THE RIGHT TO REMOVE OR EDIT ANY SUCH CONTENT OR TO TERMINATE YOUR ACCOUNT FOR ANY REASON. ANY CONTENT UPLOADED OR TRANSMITTED BY USERS, OTHER THAN THE CONTENT PROVIDED BY TREATSPACE, ARE SOLELY THE OPINIONS AND RESPONSIBILITY OF THE PERSON OR ENTITY SUBMITTING THEM AND DO NOT NECESSARILY REFLECT THE OPINIONS OF TREATSPACE. TREATSPACE SHALL HAVE NO LIABILITY FOR ANY ACTION OR INACTION REGARDING CONTENT PROVIDED BY THIRD PARTIES.

3. Indemnification

You agree to indemnify, defend and hold harmless Treatspace, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Treatspace and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5. Survival

The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6. Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Treatspace and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Treatspace’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Treatspace may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

Treatspace Business Associate Agreement

BY ACCESSING OR REGISTERING WITH THE TREATSPACE PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS BUSINESS ASSOCIATE AGREEMENT UNLESS A SEPARATE BUSINESS ASSOICIATE AGREEMENT HAS BEEN AGREED TO BETWEEN THE COVERED ENTITY AND TREATSPACE, INC.

Definitions

Catch-all definition:

The following terms used in this Agreement shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

Specific definitions:

(a) Business Associate. “Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean Treatspace, Inc.

(b) Covered Entity. “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference to health care businesses which contract directly with Treatspace, Inc.

(c) HIPAA Rules. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.

Obligations and Activities of Business Associate

Business Associate agrees to:

(a) Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;

(b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by the Agreement;

(c) Report to covered entity any use or disclosure of protected health information not provided for by the Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware; the business entity will report any breach to covered entity within a 10 day period of time and mitigate any breaches from the business associate end and report them to the HHS Office for Civil Rights (OCR), and potentially the media, on behalf of the covered entity. Business associate is NOT liable for any breaches which may occur away from business associate premises. Breaches from covered entity must be handled by covered entity’s office/facilities.

(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the business associate agree to the same restrictions, conditions, and requirements that apply to the business associate with respect to such information;

(e) Make available protected health information in a designated record set to the covered entity as necessary to satisfy covered entity’s obligations under 45 CFR 164.524; business associate will redirect all requests by individuals, for access to their specific protected health information, back to the covered entity within five (5) days and provide the individual’s requested protected health information to the covered entity within ten (10) days once identity is verified by the covered entity. Verification of the individual’s identity, who is requesting their protected health information, rests solely with the covered entity.

(f) Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy covered entity’s obligations under 45 CFR 164.526;

(g) Maintain and make available the information required to provide an accounting of disclosures to the covered entity as necessary to satisfy covered entity’s obligations under 45 CFR 164.528;

(g.1) Within twenty (20) days of a request by covered entity, business associate shall provide covered entity with an accounting of all disclosures of protected health information, other than disclosures excepted from the Privacy Standards accounting requirement under 45 C.F.R. 164.528(a)(1)(i)-(ix), made by business associate or by a subsequent business associate in the previous six (6) years (but in no event prior to April 14, 2003) in order for covered entity to comply with its obligations under 45 C.F.R. 164.528 to provide Individuals with an accounting of disclosures of their protected health information.

(g.2) Such accounting shall include, with respect to each disclosure: the date of the disclosure; the name (and address, if known) of the entity or person receiving the Protected Health Information; a description of the protected health information disclosed; a statement of the purpose of the disclosure; and any other information the Secretary may require under 45 C.F.R. 164.528 (collectively, "Disclosure Information").

(g.3) For repetitive disclosures of protected health information that business associate makes for a single purpose to the same person or entity, business associate may record: (a) the disclosure information for the first of these repetitive disclosures; (b) the frequency, periodicity or number of these repetitive disclosures made during the accounting period; and the date of the last of these repetitive disclosures.

(g.4) Business associate shall notify covered entity within five (5) days of receiving a request from an individual for an accounting of disclosures of protected health information. Following receipt of such notice from business associate, covered entity shall handle such request from the individual.

(h) To the extent the business associate is to carry out one or more of covered entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligation(s); and

(i) Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.

Permitted Uses and Disclosures by Business Associate

(a) Business associate may only use or disclose protected health information as necessary to perform the services set forth in signed sales agreements between covered entity and business associate. Business associate is authorized to use protected health information to de-identify the information in accordance with 45 CFR 164.514(a)-(c).

(b) Business associate may use or disclose protected health information as required by law.

(c) Business associate agrees to make uses and disclosures and requests for protected health information consistent with covered entity’s minimum necessary policies and procedures.

(d) Business associate may not use or disclose protected health information in a manner that would violate Subpart E of 45 CFR Part 164 if done by covered entity, except for the specific uses and disclosures set forth below.

(e) Business associate may use protected health information for the proper management and administration of the business associate or to carry out the legal responsibilities of the business associate.

(f) Business associate may disclose protected health information for the proper management and administration of business associate or to carry out the legal responsibilities of the business associate, provided the disclosures are required by law, or business associate obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies business associate of any instances of which it is aware in which the confidentiality of the information has been breached.

(g) Business associate may provide data aggregation services relating to the health care operations of the covered entity.

Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions

(a) Covered entity shall notify business associate of any limitation(s) in the notice of privacy practices of covered entity under 45 CFR 164.520, to the extent that such limitation may affect business associate’s use or disclosure of protected health information.

(b) Covered entity shall notify business associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her protected health information, to the extent that such changes may affect business associate’s use or disclosure of protected health information.

(c) Covered entity shall notify business associate of any restriction on the use or disclosure of protected health information that covered entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect business associate’s use or disclosure of protected health information.

Permissible Requests by Covered Entity

Covered entity shall not request business associate to use or disclose protected health information in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by covered entity. Business associate reserves the right to use or disclose protected health information as legally allowable for provisions, including data aggregation or management and administration and legal responsibilities of the business associate.

Term and Termination

(a) Term. The Term of this Agreement shall be effective as of the date of your signed sales agreement with Treatspace, Inc., and shall terminate at the end of contract or on the date covered entity terminates for cause as authorized in paragraph (b) of this Section, whichever is sooner.

(b) Termination for Cause. Covered entity authorizes termination of this Agreement by business associate, if business associate determines covered entity has violated a material term of the Agreement and covered entity has not cured the breach or ended the violation within the time specified by business associate.

(c) Obligations of Business Associate Upon Termination. Upon termination of this Agreement for any reason, business associate, with respect to protected health information received from covered entity, or created, maintained, or received by business associate on behalf of covered entity, shall:

Retain only that protected health information which is necessary for business associate to continue its proper management and administration or to carry out its legal responsibilities;
Return to covered entity [or, if agreed to by covered entity, destroy] the remaining protected health information that the business associate still maintains in any non-archived and encrypted format;
Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information to prevent use or disclosure of the protected health information, other than as provided for in this Section, for as long as business associate retains the protected health information;
Not use or disclose the protected health information retained by business associate other than for the purposes for which such protected health information was retained and subject to the same conditions set out in paragraphs (e) and (f) above under “Permitted Uses and Disclosures By Business Associate” which applied prior to termination; and
Return to covered entity [or, if agreed to by covered entity, destroy] the protected health information retained by business associate when it is no longer needed by business associate for its proper management and administration or to carry out its legal responsibilities.

(d) Survival. The obligations of business associate under this Section shall survive the termination of this Agreement.

Miscellaneous

(a) Regulatory References. A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended.

(b) Third Party Rules. Treatspace will not be held responsible for communications between covered entities, third party business associates, and patients. It is up to each party which uses Treatspace to enforce all actions in compliance with HIPAA regulations, including the HIPAA Omnibus rules.

(c) Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable law.

(d) Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules.

Terms Of Service

Last modified: July 10, 2018

Treatspace, Inc. (“Treatspace”) provides access to a patient engagement software platform pursuant to a hosted solution known as PracticeBeat (the “Platform”). The Sales Agreement sets forth the “Products” and “Services” related to PracticeBeat being purchased by the customer (“Customer”) who signed the Sales Agreement.
These terms of service (“Terms”) are incorporated by reference to and made part of the Sales Agreement and govern the relationship between the Customer, any end users of Products and Services (“Users”) on behalf of the Customer, and Treatspace.

Anyone accepting these Terms on behalf of the Customer, represents and warrants that they have full legal authority to bind the Customer to these Terms, that they have read and understand these Terms, and that they agree on behalf of the Customer to accept these Terms.

All Users agree to abide by the user policies set forth herein.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING THE SALES AGREEMENT OR ACCESSING OR USING THE PLATFORM OR ANY PRODUCTS OR SERVICES. BY SIGNING THE SALES AGREEMENT OR USING THE PLATFORM OR ANY PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. TREATSPACE RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME. TREATSPACE WILL PROVIDE NOTICE TO CUSTOMER AND USERS OF THE PLATFORM AND ANY PRODUCTS OR SERVICES THAT OUR TERMS OF USE HAVE CHANGED, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY. YOUR CONTINUED ACCESS OR USE OF THE PLATFORM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
TREATSPACE WILL ALSO PROVIDE NOTICE VIA EMAIL TO ALL PRIMARY CONTACTS LISTED ON YOUR SALES AGREEMENT WHEN THESE TERMS HAVE CHANGED.

1. Products and Services.

The Products and Services include, but are not limited to, the development of a cloud-based practice website (“Practice Website”) that includes additional cloud based tools including fact management, content creation wizard, search engine optimization, online appointment tool, reputation management, patient feedback, social media integration, and analytics dashboard.

Practice Website. Treatspace will create a cloud-based “Practice Website” for the Customer described in the Sales Agreement. Treatspace may provide additional cloud-based tools to be utilized in connection with the Practice Website. Customer may provide Content to be included in the Practice Website.
Website Tools. Treatspace will provide the applicable “Website Tools” as indicated on Customer’s Sales Agreement. All employees and subcontractors that access Website Tools on behalf of the Customer will be subject to these Terms. Customer is responsible for the actions of all Users that they authorize to use the Website Tools.

2. Protected Health Information.

In conjunction with providing Products and Services to Customer, Treatspace may be required to use or disclose Protected Health Information (as defined in 45 C.F.R. 164.501; hereinafter, “PHI”). The parties hereto shall use or disclose such PHI as required by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Standards for Privacy of Individually Identifiable Health Information (the “Privacy Rule”) and the Standards for Security of Electronic Protected Health Information (the “Security Rule”) promulgated thereunder, and the Health Information Technology for Economic and Clinical Health Act (Division A, Title XIII and Division B, Title IV, of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) (the “HITECH Act”). Capitalized terms used but not otherwise defined in this Section 2 shall have the same meaning given to such terms in HIPAA, the HITECH Act, or any implementing regulations promulgated thereunder, including but not limited to the Privacy Rule and the Security Rule. In connection with and by agreeing to these Terms, Customer and Treatspace agree to be bound by the terms of a Business Associate Agreement, the terms of which are referenced in the Sales Agreement. Customer (the “Covered Entity,” as referred to in the Business Associate Agreement) hereby agrees that it has read and agree to be bound by the terms of the Business Associate Agreement. Treatspace (the “Business Associate,” as referred to in the Business Associate Agreement), agrees to be bound by the terms of the Business Associate Agreement. The parties hereto each agree to perform their respective obligations as enumerated therein.

3. Content.

The Customer may provide content for Treatspace to use on the Practice Website. This could include, but is not limited to images, photos, text, practice information, and data (“Content”). The Customer is responsible for any consequences of publishing this content, and asserts that by providing Content, the Customer is the creator and owner of the content and has all rights and permissions necessary to grant all relevant rights and permissions to Treatspace with respect to such Customer Content.

4. Intellectual Property Rights.

Treatspace shall maintain all rights, title and interest in and to all its patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights, including rights in and to the Products and Services, Treatspace Marks (defined below), including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws (collectively, “Intellectual Property Rights”). The rights granted to Customer to use the Products and Services under these Terms do not convey any additional rights in the Products and Services, or in any Intellectual Property Rights associated therewith.

Customer owns the information it provides Treatspace for input through the Products and Services. Customer grants Treatspace a nonexclusive, revocable, worldwide, perpetual, unlimited fully paid up and royalty-free right to Treatspace to use the foregoing described information for the provision of the Products and Services. By providing information to Treatspace, Customer represents and warrants that Customer is entitled to and authorized to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights, and that all information uploaded shall comply with the terms of the Treatspace Privacy Policy located on the Treatspace website (treatspace.com).

Treatspace shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Services or otherwise use any suggestions, enhancement requests, recommendations or other feedback Treatspace receives from Customer.

Treatspace, and Treatspace’s other product and service names, and logos used or displayed on the Services are registered or unregistered trademarks of Treatspace (collectively, “Treatspace Marks”), and Customer may only use such Treatspace Marks to identify itself as a customer and user of the Products and Services; provided Customer does not attempt, now or in the future, to claim any rights in the Treatspace Marks, degrade the distinctiveness of the Treatspace Marks, or use the Treatspace Marks to disparage or misrepresent Treatspace, it services or products.

All rights, title and interest in and to Products and Services and its components, including all related intellectual property rights, will remain with and belong exclusively to Treatspace and its third-party vendors.

During the Term and upon the condition that Customer complies with all of Customer’s obligations under these Terms, Treatspace grants Customer a non-exclusive, non-transferable, revocable license to access and use Products and Services (for the particular subscription purchased, as applicable), strictly in accordance with these Terms and subject to all the limitations set forth in these Terms.

Customer agrees not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Products and Services available to any third party, other than as expressly permitted by these Terms; (b) use the Products and Services to process data on behalf of any third party; (c) modify, adapt or hack the Products and Services to falsely imply any sponsorship or association with Treatspace, or otherwise attempt to gain unauthorized access to the Products and Services or its related systems or networks; (d) use the Products and Services in any unlawful manner, including but not limited to violation of any persons privacy rights, infringing any person’s intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law; (e) use the Products and Services in any manner that interferes with or disrupts the integrity or performance of the Services and its components; (f) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Products and Services; (g) use the Products and Services to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; (h) attempt to use any method to gain unauthorized access to any paid features of the Platform; or (i) try to use, or use the Products and Services in violation of these Terms.

Customer is responsible for all information, data, text, messages or other materials transmitted by Customer and its Users via the Products and Services. Customer and Users are responsible for maintaining the confidentiality of usernames and accounts, and are fully responsible for any and all activities that occur under such usernames or accounts. Customer agrees that it is responsible for anything that happens through its account during the Term unless Customer proves that its account security was compromised due to no fault of its own.

5. Fees.

The Customer agrees to pay Treatspace applicable fees in accordance with the applicable billing subscription and terms as indicated in the Sales Agreement. Subscription fees will not be changed during the subscription period. Treatspace reserves the right to change subscription fees prior to any renewal of the Sales Agreement and will communicate any changes at least 60 days prior to the customer’s annual renewal date. Customer’s renewal of the Sales Agreement shall be deemed and acceptance of any such price changes. All fees are NON REFUNDABLE.

Late payments: If Treatspace has not received Customer’s payment within thirty (30) days of the invoice date, Treatspace will send Customer an email reminder and add a 5% late payment fee to its outstanding balance for each 30 day period beyond the invoice date. If Treatspace has not received payment within ninety (90) days of the invoice date, Customer’s account will be disabled. There will be a fee of $150.00 to reactivate a disabled account.

6. Term and Termination.

Access to the Products and Services will continue for the period indicated on the Sales Agreement. The Sales Agreement cannot be cancelled prior to its expiration date. All fees paid are non-refundable even if the Customers discontinues use of the subscription prior to the end of the subscription term.
Auto Renewal. To ensure uninterrupted service after the initial term, annual renewal will occur automatically and Customer will be invoiced for subsequent fees in accordance with the billing subscription and terms listed on the Sales Agreement. Customer may choose to cancel by providing a 30 day notice to Treatspace prior to renewal date.

Either party may terminate the Sales Agreement based upon a material breach of the other’s obligations under the terms of the Sales Agreement or these Terms. The terminating party shall so notify the other party and termination shall become effective fifteen (15) calendar days after receipt of such written notice unless the breaching party has within such time cured the breach or, for matters that cannot be fully cured within such time, commenced and continued to diligently pursue appropriate corrective action.

7. Software Updates.

All Products and Services will be hosted and operated by Treatspace. Treatspace may update any features or functionality of Products or Services at any time.

8. Privacy.

The Privacy Policy located on the Treatspace website (treatspace.com) is incorporated into these Terms. Please review the policy to understand how Treatspace collects, uses, stores, and discloses information.

9. Publicity.

Customer agrees that Treatspace may include Customer’s name and logo on client lists, marketing materials, and sales presentations.

10. Confidentiality.

To the extent authorized by the law, Treatspace and the Customer may, from time to time, in connection with work contemplated under this Agreement, disclose confidential information to each other (“Confidential Information”). Each party will use reasonable efforts to prevent the disclosure of any of the other party’s Confidential Information to third parties, provided that the recipient party’s obligation shall not apply to information that:

is not specifically indicated as confidential
is already in the recipient party’s possession at the time of disclosure thereof;
is or later becomes part of the public domain through no fault of the recipient party;
is received from a third party having no obligations of confidentiality to the disclosing party;
is independently developed by the recipient party; or
is required by law or regulation to be disclosed.

11. Disclaimer of Representations and Warranties.

THE PRODUCTS AND SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE PRODUCTS AND SERVICES OR PROVIDED THROUGH THE PRODUCTS AND SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TREATSPACE, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE PRODUCTS OR SERVICES. CUSTOMER EXPRESSLY AGREES THAT ITS USE OF THE SERVICES IS AT ITS SOLE RISK.

NEITHER TREATSPACE OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER TREATSPACE OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE PRODUCTS AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.

12. LIMITATIONS ON TREATSPACE’S LIABILITY.

13. Indemnification of Treatspace.

Customer shall defend, indemnify and hold harmless Treatspace and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of these Terms or any activity by Customer in relation to use of the Products or Services.

14. Dispute Resolution.

Arbitration. All disputes of every kind and nature between the parties and arising out of or in connection with this Agreement as to the negotiation, existence, construction, validity, interpretation or meaning, performance, non-performance, enforcement, operation, breach, continuance, or termination thereof shall be submitted to binding arbitration pursuant to the then existing Commercial Arbitration Rules of the American Arbitration Association. Such arbitration shall take place in Pittsburgh, Pennsylvania, and the Arbitrators shall apply those laws as would be applied in the matter by the Federal Court sitting in Western Pennsylvania. Any judgment or award rendered by such arbitrator(s) shall be final and binding on all parties to the proceeding, may be entered into with the highest court of competent jurisdiction for enforcement as a final judgment and adjudication.

No Class Action. Customer waives the right to bring or participate in a class action litigation with respect to the Products or Services provided.

15. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. Any cause of action or claim Customer may have with respect to the Products Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Treatspace’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Treatspace may assign its rights and duties under this Agreement to any party at any time without notice to Customer.

Any rights not expressly granted herein are reserved

About Treatspace

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