Welcome to the IQ Healthcare Website. IQ Healthcare Data Solutions, LLC (“IQ Healthcare,” “we,” “us,” or “our”) operates the public-facing Website, which provides information about our company and our products and services, including IQintake, our pre-admission platform for Skilled Nursing Facilities, and our other offerings.
These Terms of Use (“Terms”) govern your access to and use of the IQ Healthcare public-facing website at www.iqhealthdata.com and any other IQ Healthcare websites that link to these Terms, together with their related content, pages, features, and related marketing and communications channels, including demo requests, contact forms, email newsletters, and events (collectively, the “Website”). Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use the Website.
1. Scope; Website
These Terms apply only to the Website. They do not apply to any IQ Healthcare products or platforms, including IQintake. Our Privacy Notice describes how we handle information collected through the Website.
2. Products and Platforms Licensed Separately
IQ Healthcare products and platforms, including IQintake, are licensed separately to customers under a written license agreement with IQ Healthcare (a “License Agreement”). Those products and platforms are not accessed through the Website, and these Terms do not apply to their use. The applicable License Agreement exclusively governs those products and platforms and any information collected or processed through them. Nothing on the Website is an offer to license any product or platform.
3. Website Eligibility
The Website is intended for business users who are at least 18 years old and located in the United States.
4. Privacy; No Health Information Through the Website
Our Privacy Notice, available at https://iqhealthdata.com/privacy, describes how we collect, use, disclose, retain, and protect personal information in connection with the Website, and the privacy rights available to you under applicable state privacy laws, and how to exercise them. The Privacy Notice is incorporated into these Terms by reference. If there is any conflict between these Terms and the Privacy Notice regarding the handling of personal information, the Privacy Notice controls. Nothing in these Terms limits any privacy right you have under applicable law.
Do Not Submit PHI or Sensitive Information. You must not disclose, upload, submit, or otherwise transmit any protected health information (as defined under HIPAA) ("PHI"), patient information, or other sensitive information through the Website, including through Website forms, chat features, email, attachments, or other Website channels. Sensitive information includes health information, consumer health data (as defined under Washington's My Health My Data Act, Nevada law, or similar laws), precise geolocation, biometric data, and information about children. The Website is not designed to receive such information, and we do not intentionally collect it through the Website. If you submit such information despite this restriction, we may delete it, and you are solely responsible for that submission. Any patient information or PHI related to IQ Healthcare products and platforms, including IQintake, must be provided only through the applicable product or platform and in accordance with the applicable License Agreement.
Cookies and Your Privacy Choices. The Website uses cookies and similar technologies as described in the Privacy Notice. Non-essential cookies are disabled until you consent, and you may change your choices at any time using . We honor Global Privacy Control (GPC) signals as a request to opt out of the sale or sharing of personal information and targeted advertising, and you may also opt out using the “Do Not Sell or Share My Personal Information” link in the Website footer.
5. Acceptable Use
You agree not to use the Website to:
- Violate any applicable law, regulation, or third-party right.
- Introduce, upload, transmit, or distribute any virus, worm, malware, or other harmful code.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of any part of the Website.
- Scrape, data mine, or use automated means to extract data from the Website, except as expressly permitted.
- Circumvent, disable, or interfere with any security or access control features of the Website.
- Interfere with or disrupt the integrity or performance of the Website or related systems.
- Use the Website or its content to develop, train, or improve a competing product or service.
- Misrepresent your identity, affiliation, or authority.
- Conduct load testing, penetration testing, vulnerability scanning, or similar activities without our prior written permission.
6. Website Content; No Professional Advice
The Website and its content are provided for general informational and marketing purposes only. They do not constitute medical, legal, billing, or coverage advice and are not a substitute for advice from qualified professionals.
Descriptions of IQ Healthcare products, including IQintake, or their features on the Website are not warranties and are subject to the applicable License Agreement. You should independently evaluate any information before relying on it.
No Clinical Purpose. IQ Healthcare products described on the Website, including IQintake, are not intended to be used for clinical decision-making, diagnosis, treatment, or patient care. They are software tools intended to support administrative, intake, workflow, documentation, or information-management functions only. IQ Healthcare does not provide medical, clinical, or healthcare services, and all clinical decisions must be made exclusively by qualified healthcare professionals. Products or features described on the Website as beta, pre-release, or in development may be substantially modified before commercial release or may not be released commercially.
7. Submissions
If you submit information through a contact, demo-request, newsletter, event registration, or other Website form, you represent that the information is accurate and that it does not contain PHI, patient information, or other sensitive data. We will handle personal information in your submissions as described in the Privacy Notice.
You are responsible for ensuring that your submissions comply with applicable law and do not infringe the rights of any third party.
8. Third-Party Links and Services
The Website may contain links to third-party websites or services. These links are provided for convenience and do not constitute an endorsement or recommendation.
IQ Healthcare is not responsible or liable for the availability, accuracy, security, content, privacy practices, or other practices of any third-party website or service. Your use of third-party websites and services is subject to their own terms and privacy policies, which we encourage you to review before providing information.
9. Intellectual Property; Limited License
The Website and its content, designs, trademarks, service marks, logos, software, and other intellectual property are and remain the exclusive property of IQ Healthcare and its licensors, and IQ Healthcare retains all right, title, and interest in and to the software and technology underlying its products, including IQintake. Nothing in these Terms grants you any ownership rights in the Website, its content, any IQ Healthcare intellectual property, or any IQ Healthcare product. All rights not expressly granted herein are reserved.
Subject to your compliance with these Terms, IQ Healthcare grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to view the Website and its content solely for your internal business purposes, including evaluation of IQ Healthcare and its products and services. This license does not include any right to copy, modify, distribute, sell, lease, or create derivative works of the Website or its content.
10. Feedback
If you provide us with any suggestions, enhancement requests, recommendations, ideas, comments, or other feedback regarding the Website or IQ Healthcare products, including IQintake (“Feedback”), you acknowledge that such Feedback is voluntary and you grant IQ Healthcare a royalty-free, worldwide, irrevocable, perpetual license to use, reproduce, modify, and incorporate such Feedback into the Website, IQintake, or any other IQ Healthcare products or technology without any obligation or compensation to you. You agree not to include any confidential information of your organization or any third party in Feedback. Feedback does not include your personal information, which we handle only as described in the Privacy Notice.
11. Website Access; Modifications
We may suspend or restrict access to the Website, and may modify or discontinue the Website or any part of it, at any time and without prior notice. Upon any suspension, restriction, modification, or discontinuation, your right to use the affected portion of the Website will immediately cease.
Any provisions that by their nature should survive, including Sections 9, 10, 12, 13, 14, 15, 16, 17, 18, and 19, will survive any suspension, restriction, modification, or discontinuation of the Website.
12. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. IQ HEALTHCARE AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. IQ HEALTHCARE DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE ACCURATE OR COMPLETE. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY IQ HEALTHCARE, ITS AGENTS, OR EMPLOYEES WILL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE REMAINS WITH YOU.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IQ HEALTHCARE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS OF USE, LOST PROFITS, COST OF COVER, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, HOWEVER CAUSED AND WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF IQ HEALTHCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF IQ HEALTHCARE TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE WILL NOT EXCEED THE LESSER OF (A) THE AMOUNTS, IF ANY, PAID BY YOU TO IQ HEALTHCARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE FIVE HUNDRED DOLLARS ($500.00).
This limitation of liability applies to you individually as a Website user and does not limit or modify any rights, remedies, or liability caps under any License Agreement between IQ Healthcare and a customer, or any rights or remedies under applicable privacy or consumer protection laws that cannot be waived or limited by contract.
14. Indemnification
You agree to defend, indemnify, and hold harmless IQ Healthcare and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your violation of any applicable law or regulation; or (c) your misuse of the Website.
15. Governing Law; Dispute Resolution
These Terms and any disputes arising out of or relating to these Terms or the Website will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles. You agree to submit to the sole and exclusive jurisdiction of the state and federal courts located in the Commonwealth of Pennsylvania for the resolution of any disputes arising under these Terms. You acknowledge that any breach of Section 5 (Acceptable Use) or Section 9 (Intellectual Property; Limited License) may cause IQ Healthcare irreparable harm for which damages may be inadequate, and IQ Healthcare may seek injunctive relief in addition to any other remedies available at law or in equity.
16. Changes to These Terms
We may modify these Terms at any time. If we make changes, we will update the “Last Updated” date at the top of these Terms and post the revised Terms on the Website. For material changes, we will provide notice by posting a prominent notice on the Website or by email before the change takes effect, as required by applicable law. Changes to the Privacy Notice are governed by the Privacy Notice.
Your continued use of the Website after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Website.
17. Electronic Communications; Notices
By using the Website, you consent to receive electronic communications from us, including emails and notices posted on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We send marketing communications only where permitted by law, and you may opt out of marketing emails at any time as described in the Privacy Notice.
Notices to IQ Healthcare must be sent using the contact information in Section 20 below. Privacy requests and appeals must be submitted as described in the Privacy Notice.
18. Export and Sanctions Compliance; Geographic Restrictions
You agree to comply with all applicable export control and sanctions laws and regulations, including those of the United States. You represent that you are not located in, or a national or resident of, any country that is subject to a U.S. government embargo, and that you are not on any U.S. government list of prohibited or restricted parties.
The Website is intended for use in the United States. We make no representation that the Website is appropriate or available for use in any other jurisdiction.
19. General Provisions
Entire Agreement. These Terms and the Privacy Notice constitute the entire agreement between you and IQ Healthcare with respect to your use of the Website and supersede all prior or contemporaneous communications, understandings, and agreements, whether oral or written. The applicable License Agreement exclusively governs IQ Healthcare products and platforms, including IQintake.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. IQ Healthcare may assign these Terms without restriction. Any attempted assignment in violation of this provision is void.
Force Majeure. IQ Healthcare will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, labor disputes, government actions, power failures, internet or telecommunications failures, or cyberattacks.
No Relationship. Nothing in these Terms or your use of the Website creates any agency, partnership, joint venture, employment, or customer relationship between you and IQ Healthcare.
20. Contact Information
If you have questions about these Terms or the Website, please contact us:
IQ Healthcare Data Solutions, LLC
Privacy Officer: Greg Doemling
Email: support@iqhealthdata.com
Phone: (833) 995-7543