Terms of Use

1. Agreement to these Terms

These Terms of Use (“Terms”) are a binding agreement between you and Alara Healthcare Consulting LLC, a Florida limited liability company doing business as Alara Healthcare (“Alara Healthcare,” “we,” “us,” or “our”), governing your access to and use of alarahealth.net and any page, form, or feature we make available through it (the “Site”).

By accessing the Site, submitting any form on it, or opting in to receive messages from us, you accept these Terms and the Privacy Policy incorporated into them by reference. If you do not accept them, do not use the Site.

If you are accepting these Terms for a practice, employer, or other organization, you represent that you are authorized to bind that organization, and “you” means both you and that organization.

The Alara Population Health application at pophealth.alarahealth.net and the customer documentation site are provided under a written subscription agreement and business associate agreement with each customer. Those agreements, not these Terms or the Privacy Policy, govern them.

2. Who we are and what we do

Alara Healthcare Consulting LLC is a management services organization. We provide administrative, operational, technology, and performance-improvement services to independent healthcare practices under written services agreements.

We do not practice medicine or nursing, we do not employ or supervise clinicians in their clinical judgment, and we do not provide, direct, or interfere with patient care. Clinical services referenced anywhere on this Site are provided by separately organized, practitioner-owned professional practices, including Alara One Care LLC, each of which retains complete and exclusive authority over all clinical matters.

3. The Site is information only

3.1 No medical advice. Nothing on the Site is medical advice, a diagnosis, or a treatment recommendation, and nothing on it is a substitute for consultation with a qualified healthcare professional. Never disregard professional medical advice, or delay seeking it, because of something you read here.

3.2 No clinician–patient relationship. Using the Site, reading its content, or sending us a message does not create a clinician–patient, provider–patient, or treatment relationship with Alara Healthcare or with any practice we serve.

3.3 In an emergency, call 911. The Site is not monitored for emergencies and must never be used to report one. If you are experiencing a medical emergency, call 911 or go to the nearest emergency department. If you are in emotional distress or thinking about harming yourself, call or text 988, the Suicide and Crisis Lifeline.

3.4 No professional advice of any kind. Content about regulation, reimbursement, compliance, coding, or contracting is general information published for a professional audience. It is not legal, tax, accounting, actuarial, or compliance advice, it is not a legal opinion, and it does not create an attorney–client or other professional relationship. Healthcare law changes constantly and is intensely fact-specific. Engage your own advisors before acting on anything you read here.

3.5 No engagement until we sign one. Contacting us, receiving a proposal, or discussing a possible engagement does not create a services relationship. We are engaged only when Alara Healthcare and the client sign a written services agreement. Nothing on the Site is an offer capable of acceptance, and no statement on the Site amends any agreement we have signed with you.

3.6 Forward-looking statements. Descriptions of results, savings, quality improvement, or revenue opportunity are illustrative and depend on facts specific to each practice — its payer mix, panel, contracts, staffing, documentation, and market. We do not guarantee any financial, clinical, or quality result. Past or projected performance does not predict what your practice will experience.

4. Do not send us protected health information

The Site is a public website. It is not a patient portal, a clinical system, or a secure channel for health information, and it is not covered by any business associate agreement.

Do not submit protected health information, patient names or identifiers, medical records, images, claims data, member rosters, or any other individually identifiable health information through any form, e-mail address, or telephone number published on the Site.

If you need to send us data of that kind, contact us first and we will provide a secure, contracted channel. If you send it anyway, you do so on your own initiative and outside any agreement between us, and we may delete it without reading it. We disclaim responsibility for information you submit through the Site in breach of this section, to the fullest extent the law allows.

5. Using the Site

You agree to use the Site only for lawful purposes, and you agree not to:

• give false, inaccurate, or misleading information, or impersonate any person or misstate your affiliation with any organization;
• submit another person’s information without that person’s authorization;
• submit protected health information, in breach of section 4;
• copy, scrape, crawl, harvest, mine, or otherwise systematically extract the Site’s content, including by automated means, except by a search engine obeying our robots.txt;
• use the Site’s content, or any data derived from it, to train, fine-tune, or evaluate a machine-learning or artificial-intelligence model without our prior written consent;
• probe, scan, or test the vulnerability of the Site, breach or circumvent any security or authentication measure, or access any system, account, or data you are not authorized to access;
• introduce malware or any other harmful code, or interfere with or place an unreasonable load on the Site or its infrastructure;
• use the Site to send unsolicited commercial messages; or
• use the Site in violation of any applicable law, including HIPAA, the federal Anti-Kickback Statute, or Florida’s patient-brokering and fee-splitting statutes.

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason including a breach of these Terms.

6. Availability, geography and changes

6.1 Availability. We provide the Site on an “as available” basis. We may change, suspend, or discontinue any part of it — or the whole of it — at any time, without notice and without liability.

6.2 Geographic restrictions. Alara Healthcare operates in the United States, and the Site is directed to users in the United States. We restrict access to certain features from some countries and regions, using the visitor’s IP address to determine approximate location, in order to protect the Site and to comply with United States sanctions and export laws. If you access the Site from outside the United States you do so on your own initiative and are responsible for compliance with your local law.

6.3 Changes to these Terms. We may revise these Terms at any time by posting the revised version with a new effective date. Material changes take effect thirty (30) days after posting, except where a shorter period is needed to comply with law or to address a security risk. Continued use of the Site after the revised Terms take effect is acceptance of them. Review the effective date at the top of this page.

7. Text messages and telephone contact

7.1 SMS program. If you check the SMS box on our contact form and provide a mobile number, you give prior express written consent to receive text messages from Alara Healthcare at that number, including messages sent using automated technology. Consent is not a condition of purchase or of any service, and you may ask us to contact you by e-mail or telephone instead.

7.2 Frequency and cost. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

7.3 How to stop. Reply STOP to any message to opt out; reply HELP for help, or contact us at the address in section 15. After you reply STOP we will stop sending marketing messages to that number. We may still send transactional messages you have separately asked for, and messages we are permitted or required by law to send.

7.4 Telephone calls. By giving us a telephone number you agree we may call or text it about your inquiry, including with automated technology, at the number given. This consent is not a condition of any purchase, and you may withdraw it at any time by telling us so.

7.5 Your number, your responsibility. You represent that you are the subscriber or customary user of the number you give us and are authorized to receive messages at it. Tell us promptly if the number changes or stops being yours.

8. Intellectual property

8.1 Our content. The Site and its contents — text, graphics, images, video, layout, design, software, and code — are owned by Alara Healthcare or its licensors and protected by United States and Florida law. We reserve all rights not expressly granted.

8.2 What you may do. We grant you a limited, revocable, non-exclusive, non-transferable licence to access the Site and to view, download, and print its content for your own internal, non-commercial evaluation of our services. Every other use — reproduction, distribution, publication, modification, adaptation, public display, and the creation of derivative works — requires our prior written consent.

8.3 Names and logos. The Alara names, logos, and page designs on this Site are ours, and nothing on the Site grants any licence or right to use them. Third-party names and marks belong to their owners; we use them only to identify their products and services, and their appearance does not imply any endorsement, sponsorship, or affiliation in either direction.

8.4 Your submissions. Except for information governed by our Privacy Policy, any suggestion, idea, or feedback you send us is non-confidential, and you grant us an irrevocable, perpetual, worldwide, royalty-free licence to use it for any purpose without attribution or compensation. Do not send us anything you are not free to give us on those terms.

9. Third-party sites and services

The Site may link to or embed third-party websites, tools, or content. We do not control them, we do not endorse them, and we are not responsible for their content, accuracy, availability, privacy practices, or security. Your use of them is at your own risk and is governed by their terms and privacy policies, not by ours.

10. Disclaimer of warranties

The Site and all of its content are provided “as is” and “as available,” with all faults and without warranty of any kind. To the fullest extent permitted by law, Alara Healthcare disclaims all warranties, express, implied, and statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement, and any warranty arising from course of dealing or usage of trade.

Without limiting that, we do not warrant that the Site will be available, uninterrupted, timely, secure, or error-free; that defects will be corrected; that the Site or its infrastructure is free of viruses or other harmful components; or that the Site’s content is accurate, complete, current, or suitable for any purpose. Regulatory and reimbursement content in particular may be out of date at the moment you read it.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

11. Limitation of liability

To the fullest extent permitted by law, Alara Healthcare and its members, managers, officers, employees, contractors, agents, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or anticipated savings, arising out of or relating to the Site or these Terms — whether the claim sounds in contract, tort (including negligence), strict liability, statute, or otherwise, and whether or not we were advised that such damages were possible.

Our total aggregate liability for all claims arising out of or relating to the Site or these Terms will not exceed one hundred United States dollars (US $100.00).

Two things this section does not do. It does not limit liability that cannot be limited by law, including liability for fraud, fraudulent misrepresentation, willful misconduct, or personal injury caused by our negligence. And it does not apply to a signed services agreement between us — if we have signed one, that agreement’s own liability provisions govern the services, and this section governs only the Site.

Some jurisdictions do not allow these limits, so parts of this section may not apply to you.

12. Indemnity

You agree to indemnify, defend, and hold harmless Alara Healthcare and its members, managers, officers, employees, contractors, agents, and affiliates from any claim, demand, loss, liability, damage, fine, penalty, cost, and expense (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Site, (b) your breach of these Terms, (c) your violation of any law or of any third party’s rights, or (d) any protected health information or other information you submit through the Site in breach of section 4. We may assume the exclusive defense of any matter subject to indemnification by you, at your expense, and you agree to cooperate with that defense.

13. Governing law and venue

These Terms, and any dispute arising out of or relating to them or to the Site, are governed by the laws of the State of Florida, without regard to conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

You and Alara Healthcare agree to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, and each of us waives any objection to that venue on grounds of inconvenient forum.

Any claim arising out of or relating to the Site or these Terms must be brought within one (1) year after it accrues, or it is permanently barred, except where a longer period is required by law.

14. General

14.1 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Alara Healthcare about the Site, and supersede all prior understandings about it. They do not supersede any signed services agreement, which controls over these Terms as to the services it covers.

14.2 Severability. If a provision is held unenforceable, it is modified to the minimum extent needed to make it enforceable, or severed if it cannot be, and the rest remains in effect.

14.3 No waiver. Our failure to enforce a provision is not a waiver of it.

14.4 Assignment. You may not assign these Terms without our written consent. We may assign them without restriction, including in a merger, reorganization, or sale of assets.

14.5 No third-party beneficiaries. These Terms create no rights in anyone other than you and Alara Healthcare.

14.6 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disaster, hurricane, epidemic, war, terrorism, labor dispute, utility or telecommunications failure, cyberattack, or governmental action.

14.7 Survival. Sections 3, 4, 8, 10, 11, 12, 13, and 14 survive termination of your access to the Site.

14.8 Notices. We may give notice by posting on the Site or by e-mailing the address you gave us. Notices to us go to the address in section 15.

15. How to reach us

Alara Healthcare Consulting LLC · Florida, United States

E-mail: info@alarahealth.net · Telephone: +1 (786) 659-1661