Terms and Conditions

These terms and conditions (the "Terms and Conditions") govern the use of wholehealthoncology.com (the "Site"). This Site is owned and operated by Whole Health Oncology Institute. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Business Associate Agreement

This Business Associate Agreement ("Agreement") is entered into by and between you and your associated clinical practice ("Covered Entity") and WHOI Holdings, Inc., a Colorado corporation ("Business Associate"), in connection with use of the PROhub platform.

1. Purpose

Covered Entity engages Business Associate to provide services through the PROhub platform, including patient-reported outcome data collection, storage, management, analytics, and reporting, in connection with Covered Entity's healthcare operations.

This Agreement sets forth the terms under which Business Associate may create, receive, maintain, or transmit Protected Health Information ("PHI") on behalf of Covered Entity in compliance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its implementing regulations.

2. Definitions

Terms used in this Agreement shall have the same meanings as those defined in HIPAA, including but not limited to:

3. Permitted Uses and Disclosures of PHI

Business Associate may use and disclose PHI solely as necessary to:

  1. Provide services to Covered Entity through the PROhub platform
  2. Perform data storage, processing, analytics, and reporting
  3. Conduct internal operations necessary to support and improve services
  4. De-identify PHI in accordance with HIPAA

Business Associate shall not use or disclose PHI in any manner that would violate HIPAA if done by Covered Entity.

4. Use of De-identified Data

Business Associate may de-identify PHI in accordance with HIPAA standards.

Once de-identified, such data shall no longer be considered PHI and may be used, aggregated, analyzed, and retained by Business Associate for purposes including, but not limited to:

Business Associate shall not attempt to re-identify de-identified data.

5. Prohibited Uses

Business Associate shall not:

  1. Use PHI for marketing or sale of identifiable data
  2. Disclose PHI except as permitted under this Agreement
  3. Use PHI for purposes unrelated to the services provided

6. Safeguards

Business Associate shall implement appropriate administrative, technical, and physical safeguards to:

7. Subcontractors

Business Associate may use subcontractors to perform functions involving PHI, provided that:

8. Breach Notification

Business Associate shall report to Covered Entity any Breach of Unsecured PHI without unreasonable delay and in accordance with applicable law.

Such notification shall include sufficient information to allow Covered Entity to meet its legal obligations.

9. Covered Entity Responsibilities

Covered Entity shall:

  1. Obtain all necessary patient consents and authorizations required by law
  2. Ensure that PHI provided to Business Associate is collected and disclosed in compliance with HIPAA
  3. Use the PROhub platform in a manner consistent with applicable laws and regulations
  4. Limit access to PHI to authorized personnel

10. Access and Amendment

Business Associate shall, as reasonably requested:

11. Termination

This Agreement shall terminate upon termination of the underlying services agreement.

Upon termination:

12. Liability

Each party shall be responsible for its own compliance with HIPAA and for its own acts and omissions.

13. Term

This Agreement shall remain in effect for the duration of the services relationship and until all PHI is properly handled in accordance with this Agreement.

14. Governing Law

This Agreement shall be governed by applicable federal law and, to the extent not preempted, the laws of the State of Colorado.

15. Miscellaneous

  1. In the event of any conflict between this Agreement and HIPAA, HIPAA shall control
  2. This Agreement may be amended only in writing and agreed by both parties

Intellectual Property

All content published and made available on our Site is the property of its original owners, and/or Whole Health Oncology Institute. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Disclaimer

All information provided in or through this website is for educational and informational purposes only and does not constitute the practice of medicine, nursing or other professional health care services, including the giving of medical advice, and no doctor/patient relationship is formed. WholeHealthOncology.com offers health, wellness, fitness, and nutritional information derived from patient-reported outcomes and published research. Our aim is to empower cancer patients with practical tools and strategies to enhance their overall well-being, quality of life, and resilience during and after cancer treatment.

The information posted on this site or obtained through the site is based on personal experiences and published research and is in no way intended to be a medical or prescriptive guide or a substitute for informed medical advice, diagnosis, or treatment. Always consult with a physician or other qualified health-care professional before starting any new treatment or discontinuing an existing treatment. Never disregard professional medical advice or fail to seek it due to the personal insights and experiences shared on or through this site.

We are not medical professionals, and any information pertaining to diet, exercise, supplements, cannabis, or any other health and wellness modality is not meant to treat, diagnose, or cure any health condition or disease. Nothing on this site should be construed as engaging in the practice of medicine. We do not sell supplements, cannabis, or any other products. Anyone considering cannabis should consult with their healthcare provider first in order to make an informed decision. Cannabis has not been evaluated or approved by the U.S. Food and Drug Administration for any indication, including safety and efficacy. We do not assume any liability for consequences that may result from use of any information provided herein.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Accounts

When you create an account on our Site, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Limitation of Liability

Whole Health Oncology Institute and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Whole Health Oncology Institute and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the State of Colorado.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and Whole Health Oncology Institute are unable to resolve any dispute through informal discussion, then you and Whole Health Oncology Institute agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Whole Health Oncology Institute.

Notwithstanding any other provision in these Terms and Conditions, you and Whole Health Oncology Institute agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

You can also contact us through the feedback form available on our Site.

Effective Date: 24th day of May, 2024