Resources » Policies » Terms of Use Terms of Use This site located at "http://www.hms.com” is a website (Site) owned and operated by Gainwell Technologies LLC (Gainwell or Our or We or Us) and is intended to provide information that might be of interest to users. Your access to, and use of the Site, all its content and any services We may provide, are governed by and subject to these Gainwell Site Terms (Terms) and all applicable laws. Please read them carefully. By accessing and browsing Our Site, you accept, without limitation or qualification, these Terms and acknowledge that any other agreements between you and Gainwell are superseded by these Terms and of no force or effect, except as otherwise set forth below in the Other Agreements; Access to Software and Services section of these Terms. Copyright All content of Our Site, including but not limited to the text, graphics, logos, button icons, audio clips, video clips, data compilations, software, and images, and their arrangement or compilation on Our Site (Content), unless otherwise noted, are the copyrighted material of Gainwell Technologies or its content providers and are protected by United States and international copyright laws. Copyright © 2021 Gainwell. All rights reserved. Trademarks “Gainwell Technologies”, “Gainwell”, and the Gainwell logo and other Gainwell graphics, logos and service names are trademarks, registered trademarks, or trade dress of Gainwell in the United States and abroad. Gainwell’s trademarks or trade dress many not be used in connection with any other product or service that is not Gainwell’s, or in any manner that is likely to cause confusion among any persons, including existing or future customers, or in any manner which denigrates or discredits Gainwell. All other trademarks and logos or registered trademarks and logos found on Our Site or mentioned in them belong to their respective owners. Nothing contained on Our Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on Our Site without the prior, written permission of Gainwell or such third party that owns the trademarks. Gainwell will enforce its intellectual property rights to the fullest extent permitted by law. You may not use the name, logo, proprietary Content or any trademark of Gainwell without Gainwell’s prior, written permission. Limited License Gainwell grants you a limited, revocable, non-exclusive license to access and make personal use of Our Site (License), and not to download (except for page caching) or modify any portion of it without Gainwell’s express written consent. This License is for online access only and does not allow you to commercially exploit Our Site or any of the Content. This License does not allow you to make derivatives of Our Site or use any data mining or other data extraction or gathering tools on Our Site. Unless otherwise specified by Gainwell in a separate license or Other Agreement your right to use any software, data, documentation or other Content that you access or download from Our Site is subject to these Terms. You may create a hyperlink to Our Site homepage subject to strict compliance with these Terms. Any use of Our Sites in contravention of these Terms or a breach of this License terminates the permissions granted under this License with immediate effect. Access to Our Sites When you access Our Site, you are responsible for complying with these Terms as well as any and all use of Our Site through any account that you may setup through or on Our Site. Some Content will only be available to you if you have created an account. Whenever you access Our Site or create or maintain any account on Our Site you agree to provide true, accurate, current, and complete information. It is your responsibility to obtain and maintain all equipment, services and software needed for access to and use of Our Site as well as paying any related charges. It is also your responsibility to maintain the confidentiality of your login credentials and password(s) and to restrict access to your computing device used to access your account. Should you believe your password or other security information for any of Our Site has been breached in any way, you must immediately notify Us. Gainwell reserves the right to refuse you access to Our Site and to terminate accounts in Our sole discretion. Professional Services and Advice In accessing any of Our Site, no client, advisory, fiduciary or professional relationship is implicated or established and neither Gainwell nor any other person is, in connection with Our Site, engaged in rendering auditing, accounting, tax, legal, advisory, consulting or other professional services or advice. Liability and Warranties OUR SITE AND ALL CONTENT IN IT HAS BEEN COMPILED FROM A VARIETY OF SOURCES AND OUR SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. EVERYTHING ON OUR SITE (INCLUDING SOFTWARE) IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. GAINWELL DOES NOT WARRANT THAT OUR SITE, VARIOUS SERVICES PROVIDED THROUGH OUR SITE, AND ANY INFORMATION, SOFTWARE OR OTHER MATERIAL DOWNLOADED FROM OUR SITE, WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GAINWELL MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT ON OUR SITE. GAINWELL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITE. GAINWELL USES ALL REASONABLE EFFORT TO ENSURE THE ACCURACY OF THE CONTENT ON OUR SITE BUT RESERVES THE RIGHT TO CHANGE IN ITS SOLE DISCRETION OUR SITE AND ITS CONTENT, IN ANY WAY AND/OR AT ANY TIME, WITHOUT NOTICE. UNLESS SPECIFIED IN AN OTHER AGREEMENT BETWEEN YOU AND US, AND TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, GAINWELL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OUR SITE OR FROM YOUR USE OF ANY CONTENT (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH OUR SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, OR THIRD PARTY CLAIMS, EVEN IF GAINWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANOTHER PARTY. External Links Links on Our Site may lead to servers maintained by individuals or organizations other than Gainwell. Gainwell has no control and makes no warranties or representations as to the accuracy, timeliness, suitability or any other aspect of the information located on such servers, and neither monitors nor endorses such servers or content. Submission of Personal Information Please read Gainwell’s Privacy Policy. These Terms are deemed to incorporate, and should be read together with, Gainwell’s Privacy Policy. Images Images of people or places displayed on Our Site are either the property of, or used with permission by, Gainwell. Your use of these images is strictly prohibited unless specifically permitted by these Terms, specific permission provided elsewhere on Our Site or you write directly to and obtain written permission from Gainwell. Please contact “info@gainwelltechnologies.com” for permission. Revisions to Content Gainwell may at any time revise these Terms by updating this posting. You are bound by the most current Terms every time you visit Our Site, therefore you should periodically and carefully review these Terms to which you are bound. Other Agreements; Access to Software and Services Gainwell may provide products (such as hardware or software), services (such as software subscription services, hardware maintenance or repair or software maintenance, installation, or training) or access via Our Site under the terms of a separate agreement between You and Gainwell, such as a license agreement or separate terms of sale and warranty terms (each, an Other Agreement). Gainwell’s obligations regarding any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product, service or access is provided and these Terms shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between these Terms and any Other Agreement, the terms of the Other Agreement will control. For example, the use of any software that is made available to download from Our Site (Software) is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software (License Agreement). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement. If there is no License Agreement, then these Terms will govern your use of that Software. Choice of Law, Jurisdiction and Severability The contents of Our Site are governed by the laws of the state of Virginia in the United States, and any claims rising directly or indirectly out of any materials contained on Our Site are subject to these same laws without regard to any conflict of law principles. Any dispute that arises out of your use of Our Site or to services provided by Gainwell where the aggregated amount of such claim is greater than $10,000 shall be heard in a state or federal court in the state of Virginia, and you consent to the exclusive jurisdiction of such courts. If any clause of these Terms shall be deemed to be invalid, void or unenforceable for any reason, that clause shall be deemed severable and shall not affect the enforceability of the remainder of these Terms. PREVIOUS ARTICLE Cookie Policy SEE MORE Privacy Policy OTHER POLICIES ‹ › Cookie Policy READ MORE Privacy Policy READ MORE Environmental Impact Statement READ MORE Go to Resources About HMS Cares Events Standards Who We Serve Health Plans State Agencies Federal Agencies Employers Providers Our Solutions Coordination of Benefits Payment Integrity Population Health Management Advisory Services Resources Health Ideas Careers Newsroom Follow HMS © 2021 HMS All Rights Reserved Privacy Policy Terms of Use