Please read the following information carefully. Your continued use of the Portal will indicate your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you may not access or use the Portal.
In order to participate in the Portal, you must be 18 years of age or older or an emancipated minor. Parents of unemancipated minors may set up accounts for themselves to access their children’s medical records, as may other personal representatives under all applicable law. You may also designate proxies by authorization.
Under state and Federal law, there are certain types of medical information that a parent or guardian of a minor patient may not view without consent of the minor patient. Because of these requirements, the Portal may not be available to parents or guardians for certain minor patient’s medical record without the minor patient’s authorization.
Proxy Portal enrollment may under certain circumstances require in person enrollment or verification and may require periodic re-confirmation. By setting up a proxy account, you are attesting that (i) any necessary patient authorizations have been provided; (ii) you have completed and/or provided all required documentation to the applicable medical facility(ies); and (iii) your proxy access complies with applicable law and regulation.
USE OF THE PORTAL
Only use the Portal if you understand and agree to all of the following:
(a) The Portal is intended as a secure online means for you to access your confidential medical record information. It is your responsibility to select a confidential password, to authorize, monitor and control access to and use of your account, ID and password, and to promptly inform Portal technical support if you need to inactivate your account, ID or password for any reason. Please note that if you share your Portal user name and password with another person, this will allow that person to see your confidential medical record information. Provider has no responsibility concerning any breach of your confidential medical record information due to your sharing or losing your user name and password. Provider will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Provider or another party due to someone else using your account or password. You may not use anyone else's Portal account at any time, without the authorization of the account holder or in accordance with your rights as a personal representative under applicable law.
(b) You must select a confidential password and maintain that password in a confidential and secure manner. If you believe that the confidentiality of your password has been compromised, you should change your password immediately. You agree to exit completely from the Portal at the end of each online session.
(c) The general information provided on the Portal is not a substitute for the advice of your personal physician or other qualified health care professional. Always seek the advice of your physician or other qualified health care professional with any questions you may have regarding your medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Portal. The Portal is not meant to be used in any manner in the case of urgent or emergency medical issues. If you should experience an emergency, you should immediately seek appropriate emergency care.
(d) The Portal contains limited medical information from your medical records and does not include the complete contents of your medical records. You can obtain a full or more complete copy of your medical records from the Provider facilities that have served you. You may be charged a fee for such full or more complete copies.
(e) Use of the Portal is voluntary and at your discretion. You are not required to enroll in, access or use the Portal in order to receive healthcare or any other necessary services from Provider. Provider will not condition its treatment of you on any requirement to participate in the Portal.
(f) You will use the Portal only as permitted and not attempt to harm or circumvent any of its security features or use the Portal for any purpose other than as described in this Agreement.
(g) The Portal is being provided to you as a convenience. Provider reserves the right to change the Portal from time to time in its sole discretion and Provider has the right to terminate, limit or revoke your Portal access at any time for any reason, with or without notice. This can include cases where Provider determines that it is not in your best interest to continue to have access to the Portal.
PROVISION OF SERVICES
(a) The Portal is presently provided free of charge, but Provider reserves the right to charge for Services in the future. Should such a charge ever be introduced, anyone with a Portal account would have the option to discontinue the Service.
(b) Provider will use reasonable efforts to keep the Portal free from error, but Provider cannot guarantee the completeness, accuracy, availability, reliability or adequacy of the Portal’s information. Provider cannot guarantee the Portal itself will be fault-free, but Provider will attempt to correct reported faults in a reasonable time frame.
(c) Some features and Services within the Portal, such as general health information, are provided by our third-party service providers, and may be subject to additional and/or different terms and conditions. We do not continuously evaluate, and we are not responsible for, any content provided by these third-party service providers. The mention of specific products, processes, or services on the Portal does not constitute or imply a recommendation or endorsement by Provider under any circumstances.
(d) The Portal may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Portal by third parties without our knowledge. If you believe that information found on the Portal is inaccurate or unauthorized, please inform us by contacting email@example.com or calling 855-849-3364 during business hours.
The security of any data you submit through the Portal is very important to us. The Portal uses encryption technology, and we periodically review our security practices to help ensure that your data is maintained securely. However, no system can completely guard against risks of intentional intrusion or inadvertent disclosure of information sent to us. Moreover, when you transmit information via the internet, your information will be transmitted over a medium that is beyond our control, and therefore the security of the transmission may be compromised before it reaches us. Accordingly, PROVIDER makes no guarantee as to confidentiality or security. In addition, and to the extent allowed under law, YOU HEREBY EXPRESSLY AND SOLELY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF THE PORTAL.
In addition, you understand that you are responsible to ensure that your computer has protections against viruses, malware, spyware, Trojan horses, and other types of problematic computer cookies, downloads, or software. Provider cannot guarantee that your use of the Portal will be free of such problems. By using the Portal you agree that you will hold harmless, indemnify, and covenant not to sue Provider for any damage to your computer, laptop, software, or other computer system resulting from your access to or use of the Portal.
For other than general information viewing, the Portal must be accessed with a Secure Sockets Layer (SSL) compatible browser or terminal (such as the latest versions of Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, or Apple Safari). You can tell when you are secure by looking at the location (URL) field. If the URL begins with https:// (instead of http://), the document usually comes from a secure server, however, please consult the specifics relating to use of your particular browser or terminal provided by the developer for specific information as to the use and integrity of secure connections.
The use of distinct user names and passwords provide two additional layers of authentication. As a user of the Portal, your role in maintaining the security of your medical information is to change your password on a regular basis and keep your login ID and password confidential. Accordingly, it is solely your responsibility to prevent the disclosure of your login ID and password, and to change your password if you feel that your security has been compromised. You agree to hold harmless, indemnify, and covenant not to sue Provider for any injuries to you or your property (whether physical, psychological, reputational or otherwise) resulting from your failure to keep your password secure.
PROVIDER WILL ATTEMPT TO PROVIDE THE PORTAL WITHOUT INTERRUPTION, BUT ACCESS IS PROVIDED ON AN "AS IS” AND “AS AVAILABLE" BASIS. PROVIDER DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE PORTAL AT ANY TIME OF YOUR CHOOSING. PROVIDER CANNOT GUARANTEE THAT THE PORTAL WILL BE ERROR-FREE. SHOULD YOU HAVE CAUSE TO BELIEVE THAT YOUR INFORMATION ON THE PORTAL IS NOT ACCURATE OR THAT THERE IS AN ERROR WITH THE PORTAL, PLEASE CONTACT firstname.lastname@example.org OR CALL 855-849-3364 DURING BUSINESS HOURS. PROVIDER RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO THE PORTAL AT ANY TIME WITHOUT CAUSE OR NOTICE.
YOU AGREE THAT PROVIDER TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE PROVIDER ("ISP"), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE PORTAL. ADDITIONALLY, YOU ARE RESPONSIBLE FOR PRINTING COPIES OF YOUR INFORMATION IF YOU WANT TO HAVE THE INFORMATION AVAILABLE IN THE EVENT THAT THE PORTAL IS UNAVAILABLE.
PROVIDER PROVIDES THE PORTAL “AS IS,” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE PORTAL. PROVIDER MAKES NO WARRANTY THAT THE PORTAL WILL PERFORM WITHOUT INTERRUPTION OR WILL BE FREE FROM ERRORS.
LIMITATION OF LIABILITY
PROVIDER IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, SITE-RELATED OR PORTAL-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, THE PORTAL AND/OR ANY THIRD PARTY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR ANY DISPUTE IN ANY WAY RELATED THE PORTAL, WEBSITE, SITE-RELATED OR PORTAL-RELATED SERVICES, AND/OR THIRD PARTY WEBSITES IS TO STOP USING THE PORTAL, WEBSITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold us harmless from and against any and all claims, losses, liability, costs, and expenses (including attorneys’ fees) arising from your use of our websites and Portal, violation of these Terms and Conditions, or violation of any third-party rights.
YOU AGREE TO WAIVE ANY AND ALL LAWS THAT MAY LIMIT THE EFFICACY OF ANY RELEASES CONTAINED IN THESE TERMS AND CONDITIONS, INCLUDING THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542.
Provider may change, modify, supplement or update these terms and conditions, other terms and materials referenced in this document, the Portal, or the content of the Portal at any time. You will be bound by any such changed, modified, supplemented or updated terms if you continue to use the Portal after such changes are posted. Unless otherwise indicated, any new content or Services added to the Portal will also be subject to these terms and conditions effective upon the date of any such addition. For this reason, you should review these terms and conditions on the Portal periodically.
The Services and the content of the Portal are provided solely for your personal use. Republication, distribution, or use of the Portal that is inconsistent with the terms and conditions described herein is strictly prohibited.
These terms and conditions are governed by and will be interpreted in accordance with the laws of the State of Tennessee. You hereby irrevocably consent to jurisdiction and venue in the state and Federal courts located in Davidson County, Tennessee.
Our failure to act with respect to a breach by you or others of these Terms and Conditions does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us and any Portal User with respect to the Portal, its uses and the Services.
TRADEMARKS AND SERVICE MARKS
The portal may display logos and other registered trademarks and service marks of Provider or its affiliates designated as such from time to time on the Portal through use of the TM, SM, or ® symbols. Users of the Portal are not authorized to make any use of the Provider marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by Provider or the applicable third party.
Except as otherwise indicated, the Portal and all content on the Portal, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of Provider or its licensors and is protected by United States and international copyright laws. Provider allows you to view or download a single copy of the material on the website solely for your personal and noncommercial use.
The compilation of all content on the Portal is the exclusive property of Provider and is protected by United States and international copyright laws. Unless specifically authorized in writing by Provider, any use of these materials, or of any materials contributed to the Portal by entities other than Provider, on any other website or networked computer environment for any purpose is prohibited. Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by Provider. Content and features are subject to change or termination without notice at the editorial discretion of Provider.
When you visit the Portal or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Portal. 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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication.