UAT

Terms of Use for the PAN Foundation Portal

The PAN Foundation Portal (hereinafter, the "Portal") is accessible only to you, the Patient, and is operated by Patient Access Network Foundation ("PAN"). When you use this Portal you agree to the terms and conditions that follow. If you do not agree to these terms and conditions (as they may be amended from time to time as provided below), your sole and exclusive remedy is to immediately cease use of this Portal.

Purpose of the Portal

This Portal is operated for the purpose of providing information with respect to claims your physician or pharmacist has filed on your behalf. Some or all of the following services may be offered through the Portal at any particular time:

  • Online application for initial grant, as well as the ability to apply for renewal and second grants;
  • Access to your eligibility and claims information, including the ability to check claims payment status and payment information;
  • Access to program correspondence, including approval letters; and
  • Access to view and update your address, provider and other profile information.

The material on this Portal should not be regarded as an offer to sell, or a solicitation of an offer to buy, any products or services. No director, employee, agent or representative of PAN or any of its affiliated companies are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this Portal or any other website operated by or on behalf of PAN.

Registration and Your Duties as a User

The Portal is password-protected. You understand that you are not automatically entitled to be registered by PAN and that PAN, in its sole discretion, may choose whether or not to register you for access to the Portal, and may at any time terminate your right to access the Portal for any or no reason. You agree that access to the Portal is intended to be restricted to registered users only, which means you and anyone you designate to act as your agent. You represent and warrant that the registration information you provide to PAN and any other information you provide in support of any services provided through this Portal is true and accurate to the best of your knowledge, and you agree to update such information promptly if it changes or you learn it is not true or accurate. After applying for registration, PAN may provide you login credentials, such as a user name and password. You agree to exercise due care in protecting those login credentials, to refrain from sharing your user credentials with third parties other than agents you authorize to act on your behalf, and that you are responsible for all transactions and other activities performed using your login credentials. If you become aware that a third party is misusing your login credentials, you agree to notify PAN immediately and to remedy the situation as reasonably requested by PAN. If, at any time, you wish to terminate your registration you must provide a written notice to PAN.

In connection with your use of the Portal, you agree not to engage in any of the following activities that in any way relate to the Portal or services available through the Portal:

  • Harm other persons, including minors, or infringe their personal rights;
  • Act in a manner which breaches public morality;
  • Violate any intellectual property right or any other proprietary right;
  • Upload or otherwise transmit through the Portal any contents containing a virus, a so-called Trojan horse, or any other program that could damage software or computers;
  • Transmit, store or upload content or hyperlinks to content which you are not entitled to disclose, copy, distribute, use or otherwise exploit, including in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful;
  • Distribute advertising or unsolicited e-mails (so-called "spam");
  • Solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity; or
  • Violate any applicable laws, including the Health Insurance Portability and Accountability Act of 1996 ("HIPPA").

PAN reserves the right to restrict your access to the Portal or to revoke your access to the Portal at any time for any reason or no reason at all, including but not limited to your failure to adhere to the foregoing obligations and the other obligations set forth in these Terms of Use.

Accuracy, Completeness and Timeliness of Information Available Through the Portal

PAN is not responsible if information that it makes available through the Portal is not accurate, complete or current. The material available through this Portal is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the material on this Portal shall be at your own risk. The information provided on this Portal is presented "AS IS" and may include technical inaccuracies or typographical errors. This Portal may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. PAN reserves the right to modify the contents of this Portal at any time, but it has no obligation to update any information on this Portal or to notify you when information has been updated. You agree that it is your responsibility to monitor changes to this Portal.

Links

This Portal may include links to other sites, some of which may be operated by other companies affiliated with PAN and some of which may be operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. PAN has not reviewed any or all of the information on other sites and is not responsible for the content of any other sites or any products or services that may be offered through other sites. These sites may contain information with which PAN does or does not agree. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites, including the sites of PAN's affiliated companies.

PAN's Right to Use Material Submitted Through Portal

PAN may use your health information that you submit through the Portal or otherwise provide to PAN and disclose the same to a third party in either or both cases for any or all of the following permitted reasons:

  • To assist the third party in the provision of healthcare services;
  • To receive payment for services provided to patients;
  • For operational purposes, such as the evaluation of staff performance, the assessment of the quality of care and outcomes in your case, or the improvement of PAN's facilities and services;
  • As required by law, including but not limited to judicial and administrative proceedings, reporting information related to victims of abuse, neglect or domestic violence, or for law enforcement purposes;
  • For public health activities, such as assisting public health or other authorities to prevent or control disease, injury or disability;
  • For limited research purposes where the project meets specific, detailed criteria established under HIPAA to ensure the privacy of patient health information;
  • To avert a serious threat to the health or safety of patients or any other person pursuant to applicable law;
  • For specialized government functions such as national security, protection of public officials or reporting to various branches of the armed services; or
  • As authorized by workers' compensation laws.

Unless otherwise allowed under HIPAA or required by law, all other uses and disclosures will be made only with the patient's written authorization. Patients may revoke this authorization except to the extent PAN has taken an action in reliance on any previous authorization.

Trademarks

This Portal features logos and other trademarks and service marks that are the property of, or are licensed to, PAN or its affiliated companies. The Portal may also include trademarks or service marks of third parties. All these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.

Confidentiality

You agree to treat all information you receive through this Portal as confidential and to only use and further disclose such information as is necessary to further the purpose for which it was made available through the Portal. Any personally identifiable information sent by you to PAN is subject to PAN's privacy policy, which is incorporated by reference into this document.

Disclaimers

PAN expressly disclaims all warranties of any kind, whether expressed or implied, including the implied warranties of merchantability and fitness for a particular purpose and any warranties that material on the portal is non-infringing, that access to the portal will be uninterrupted or error-free; that the portal will be secure; or that information on the portal will be complete, accurate, or timely.

If you download any material from this portal, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you through or from the portal shall create any warranty of any kind.

Limitation of Liability

To the fullest extent permitted under applicable law, you understand and agree that neither PAN, nor any of its affiliated companies or third party content providers shall be liable for any direct, indirect, incidental, special, consequential, punitive or any other damages (including lost profits) relating to or resulting from (I) your use or inability to use this portal or any other site you access through a link from this portal, (II) the existence of the portal or the information or content posted on this portal or any site linked to this site; or (III) any actions plan, or its affiliated companies or third party content providers take, or fail to take with respect to this portal. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses.

This limitation applies regardless whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if PAN or its affiliated companies or third party content providers or PAN's or their respective representatives have been negligent or have been advised of the possibility of such damages.

Some states do not allow the limitation of liability, so this provision may not apply to you to the extent it is excluded by law.

Your Liability

If you cause a technical disruption of the portal or the systems transmitting the portal you agree to be responsible for any and all liabilities, costs and expenses (including attorney's fees) arising from that disruption.

Jurisdiction

PAN is headquartered in the District of Columbia in the United States of America, and this Portal is operated in the United States. The laws of the District of Columbia govern these terms and conditions and your use of the Portal, and you irrevocably consent to the jurisdiction of the courts located in the District of Columbia for any action to enforce these terms and conditions.

Changes to these Terms

PAN reserves the right, in its complete discretion, to change these terms and conditions at any time by posting revised terms on the Portal. It is your responsibility to check for any changes PAN may make to these terms and conditions if and when you wish to use the Portal. Your continued use of this Portal following the posting of changes to these terms or other policies means you accept the changes.