Terms and Conditions
Agreement between User and autorequest.candlemed.com
Welcome to autorequest.candlemed.com. The autorequest.candlemed.com website (the "Site") is
comprised of various web pages operated by Candle LLC ("Candle Request").
autorequest.candlemed.com is offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein (the "Terms"). Your use of
autorequest.candlemed.com constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
autorequest.candlemed.com is a Service Site.
Electronic medical record retrieval services.
HIPAA - BAA
Before using the Site you must execute the Busines Associate Agreement ("BAA") which will be
presented to you via DocuSign during registration. To reiterate, you will not have access to the Site unless you
complete and sign the BAA.
Visiting autorequest.candlemed.com or sending emails to Candle constitutes
electronic communications. You consent to receive electronic communications and you agree that
all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Candle Request by Candle is not
responsible for third party access to your account that results from theft or misappropriation of
your account. Candle Request by Candle and its associates reserve the right to refuse or cancel
service, terminate accounts, or remove or edit content in our sole discretion.
By requesting Records through the autorequest.candlemed.com, you hereby certify that you have
obtained all required consents to access such Records and you hereby agree to access and use
them only as permitted by applicable law. You also certify that you have obtained permission to
make copies of HIPAA authorizations signed by Your client(s) to be used for the facility(y)(ies)
where the client treated related to the representation.In addition, you acknowledge that Providers
have the right to revoke the use of Records provided to you under certain circumstances, including
without limitation where the wrong records have been provided, and hereby agree to delete any
such Records upon request.
You represent and warrant to us that you have the power and authority to enter into this
Agreement for Requester. Also, you represent and warrant that the information that you provide to
us about Requester or its account in connection with the Service will be current, true, accurate,
supportable and complete.
Children Under Thirteen
AutoRequest by Candle does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use
autorequest.candlemed.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
autorequest.candlemed.com may contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of Candle Request is not
responsible for the contents of any Linked Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. Candle Request is providing
these links to you only as a convenience, and the inclusion of any link does not imply endorsement
by Candle Request of the site or any association with its operators.
Certain services made available via autorequest.candlemed.com are delivered by third party sites
and organizations. By using any product, service or functionality originating from the
autorequest.candlemed.com domain, you hereby acknowledge and consent that
Candle may share such information and data with any third party with whom
Candle has a contractual relationship to provide the requested product, service or functionality on
behalf of autorequest.candlemed.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
use of the Site, you warrant to Candle Request that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of AutoRequest by Candle or its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Candle Request content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Candle and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses, express
or implied, to the intellectual property of Candle Request or our licensors except as
expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Candle Request account to third party accounts. By
connecting your Candle Request account to your third party account, you acknowledge
and agree that you are consenting to the continuous release of information about you to others (in
accordance with your privacy settings on those third party sites). If you do not want information
about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Candle Request from our offices
within the USA.If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws.You agree that you will not use the Candle Request
Content accessed through autorequest.candlemed.com in any country or in any manner prohibited
by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Candle LLC, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses(including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Candle LLC reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with Candle LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Candle LLC agree otherwise, the arbitrator
may not consolidate more than one person's claims, and may not otherwise preside over any form
of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. CANDLE LLC AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CANDLE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CANDLE LLC AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL CANDLE LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
CANDLE LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
DISCONTINUE USING THE SITE.
Candle reserves the right, in its sole discretion, to terminate your access to the
Site and the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of Florida and you
hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out
of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Candle LLC as a result of this agreement or use of the Site.
Candle's performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Candle's right to comply with
governmental, court and law enforcement requests or requirements relating to your use of the Site
or information provided to or gathered by Candle with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Candle with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between the
user and Candle with respect to the Site. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in printed form. It is the
express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Candle reserves the right, in its sole discretion, to change the Terms under which
autorequest.candlemed.com is offered. The most current version of the Terms will supersede all
previous versions. Candle encourages you to periodically review the Terms to
stay informed of our updates.
Candle welcomes your questions or comments regarding the Terms:
2840 NW 23rd blvd
Gainesville, Florida 32605
Effective as of September 01, 2019