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TERMS AND CONDITIONS OF USE

MYCHART SUBSCRIBER (PATIENT) TERMS OF USE

Effective Date: JULY 1, 2016

MyChart provides Internet­based services such as secure healthcare consultation and communications with your healthcare provider and its authorized staff, medical information storage and interoperability, online healthcare information, and patient education, services and content. This MyChart Subscriber (Patient) Terms of Use (“Terms of Use”) contains the terms and conditions that apply to your use of the MyChart Services.

When you use MyChart you agree to these Terms of Use. The MyChart Services are available to users who choose to review and accept this Terms of Use. As part of the MyChart Services, you will manage your health record (“MyChart Clinical Record”) on MyChart systems and, if you have an existing medical relationship with a physician, medical group, practice or other healthcare provider who in each case uses services from MyChart (“Healthcare Provider”), you will be able to use the MyChart Services to communicate with the Healthcare Provider. All references to healthcare providers used in this Terms of Use include any Healthcare Provider subscribing to the services from MyChart. In this Terms of Use, the term “Authorized User” will mean your Healthcare Provider, any other Healthcare Provider in the same practice or group and any other users, such as nurses, medical staff or assistants authorized to act on behalf of your Healthcare Provider.

We may change or update this Terms of Use at any time and for any reason. If we update or change these Terms, we will post the updated Terms of Use here on our site. You should check our Terms of Use often to make certain you have the most recent version for your records. We will always list the last date we reviewed or made changes to these Terms of Use at the top of this document.

Please read this Terms of Use carefully. It is a legally binding contract. You agree to be bound by the Terms of Use when you click "I Agree" and/or continue to use our site. If you do not agree with this Terms of Use, you are not authorized to use the MyChart site or any of the MyChart Services.

Medical Disclaimers.

Do not use MyChart Services for medical emergencies or urgent situations. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR DIAL 911 IMMEDIATELY.

MyChart does not screen, perform background checks on, confirm the qualifications of, evaluate, or endorse any Healthcare Provider. You are solely responsible for establishing and maintaining the relationship with your Healthcare Providers (and evaluating or confirming their qualifications).

Information on MyChart is not a substitute for professional medical advice, diagnosis, or treatment. Always ask your doctor or other qualified healthcare provider any questions about a medical condition. Resources provided by and communications via the MyChart Services are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient­specific medical diagnosis and treatment or healthcare consultation or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by MyChart. MyChart does not practice medicine and nothing in the MyChart Services or Terms of Use should be construed, directly or indirectly, as the practice of medicine or dispensing of medical advice by MyChart. MyChart and its affiliates, directors, officers, managers, employees or other representatives (collectively “Affiliates”) make no warranty as to the content of any treatment response. Never ignore professional medical advice or delay seeking treatment because of something you have read on the MyChart website.

You agree to contact your healthcare provider immediately if your condition changes or your symptoms worsen. Even if you have granted your Healthcare Provider access to your MyChart Clinical Record, unless you and your Healthcare Provider have agreed otherwise, you should not assume that your Healthcare Provider is actively reviewing it for changes and you should actively communicate any changes that concern you to your Healthcare Provider.

Your Account.

You represent and warrant that you are 13 years old or older and that you possess the legal right and ability to:

Enter into this Terms of Use

Register on the MyChart Services under your own name

Use the MyChart Services as described in this Terms of Use

Understand the details outlined in this Terms of Use

You are solely responsible for maintaining the confidentiality of your password and for all activities that occur using your user name and password. You agree to prohibit anyone else from using your password and notify MyChart immediately if you believe there has been any unauthorized use of your password or other security concerns.

Privacy: MyChart respects your privacy and takes privacy very seriously. By accepting this Terms of Use and our Privacy Policy, you consent to the use and disclosure of personally identifiable information provided to us as outlined in both this Terms of Use and the Privacy Policy.

Use of Our Services.

MyChart Clinical Record: Your MyChart Clinical Record with the MyChart Services is intended to store your personal health information online and allow the collection of your health information from other sources, including your Healthcare Providers. Health information includes such information as health conditions, allergies and medications. You agree to provide accurate information for your MyChart Clinical Record, to review your information regularly, and to update your information as needed. By sharing your MyChart Clinical Record with your Healthcare Provider, you understand that your Healthcare Provider may include your information as part of your medical chart and may share this information in the same ways that your Healthcare Provider shares other information in your medical chart, including with other healthcare providers. Some of the data held in your medical chart by the Healthcare Providers with which you share your MyChart Clinical Record also may be added to your MyChart Clinical Record. You should not assume that a Healthcare Provider has added all the information they have about you to your MyChart Clinical Record. It is your responsibility to review and confirm any information in your MyChart Clinical Record.

You may authorize another person (such as a family member) to access your MyChart Clinical Record in accordance with the authorized representative appointment processes adopted by MyChart. You can also remove an authorized representative following those processes. You will follow the instructions set forth in the MyChart Services if you wish to authorize or remove a personal representative.

You acknowledge and agree that, unless you have a written agreement with your Healthcare Provider to the contrary, your Healthcare Provider will not be (a) reviewing your MyChart Clinical Record for accuracy or completeness or (b) relying on your MyChart Clinical Record in connection with making treatment decisions. You acknowledge and agree that all Authorized Users may access your MyChart Clinical Record and respond to your inquiries or provide services to you via the MyChart Services.

Educational Resources: Your Healthcare Provider and Authorized Users may send you information about medical and health related topics. This information may include medical and health related information, links to other related websites and specific questions about your MyChart Clinical Record. Additionally, MyChart may provide you with access to self­care information and general medical and health information. Communications and resources from MyChart are not comprehensive medical information and may not include relevant or updated information specific to you or your healthcare visits.

Cost: Unless otherwise noted, there is no cost for your use of the MyChart website or MyChart Services.

Prescriptions: You agree that any prescriptions that you acquire or request from your Healthcare Provider through MyChart will be solely for your personal use. You agree to read all provided product information and labels. You also agree to contact your Healthcare Provider if you have any questions about your prescriptions.

Intellectual Property: MyChart gives you a limited, revocable, non­transferable and non­exclusive license limited solely to viewing or downloading a single copy of the MyChart material from the MyChart website and to use the MyChart Services and related software or services solely for your personal, noncommercial use. With the exception of your MyChart Clinical Record, MyChart retains all right, title and interest in and to any MyChart intellectual property, the MyChart Services and any content, products, documentation, software or other materials on the MyChart website, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right therein. Except as explicitly stated in this section, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by MyChart or its licensors received through the MyChart Services. Any copy made of information obtained through the MyChart site must include the copyright notice. MyChart does not authorize you to use, reproduce, copy, or redistribute MyChart’s logo(s) without written permission from MyChart.

Operation and Record Retention: MyChart reserves complete and sole discretion related to the operation of the MyChart Services. MyChart may, among other things withdraw, suspend or discontinue any functionality or feature of the MyChart Services. MyChart is not responsible for transmission errors, corruption, or compromise of data carried over local or interchange telecommunication carriers. MyChart is not responsible for maintaining all data created by use of the MyChart Services. MyChart reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the MyChart Services pursuant to its internal record retention and/or destruction policies.

Limitations on Use: You agree not to access or use the MyChart Services in an unlawful way or for any unlawful purpose. You will send e­mails to other parties solely for personal communication and no other purposes, including commercial purposes, or for mass distributions of unsolicited e­mails. You agree not to post or transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains or links to any virus, worm, malware, spyware, exploit, potentially or actually malicious or destructive code, or any webpage, site, computer, or server containing the same. You also agree not to share your password or login credentials with anyone else. MyChart reserves the right to delete any information that you provide or that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

Disclaimers, Limitation of Liability, and Indemnity.

Disclaimer: YOU ACKNOWLEDGE THAT YOUR USE OF THE MYCHART SERVICES IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THE MYCHART SERVICES. ALL INFORMATION OR SERVICES CONTAINED ON OR PROVIDED BY MYCHART ARE “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

Indemnity: You agree to indemnify, defend and hold harmless MyChart from and against all losses, liability, expenses, damages and costs including reasonable attorney’s fees, arising out of or related to any breach of this Terms of Use, your relationship with your Healthcare Provider, any negligent or wrongful action or omission by you related to your use of our MyChart Services or any negligent or wrongful use of our MyChart Services (including, without limitation, infringement of third party intellectual property rights or negligent or wrongful conduct) by you or any other person accessing your account.

Terms and Termination.

This Terms of Use is effective on the date you first access or use the MyChart Services and/or complete our registration process. You or MyChart can terminate your right to use the MyChart Services and these Terms of Use at any time. If MyChart ends your use of our MyChart Services, with or without cause, we may but are not obligated to communicate that termination status to your Healthcare Provider. If MyChart terminates the relationship with your Healthcare Provider, MyChart may, but is not obligated, to communicate that to you. This Terms of Use and the licenses granted by it will terminate without notice if you (or any authorized person using your account) do not comply with this Terms of Use or the rules for use of the MyChart Services promulgated by MyChart from time to time. If your account is cancelled, you will destroy all copies of MyChart materials that you have and stop any access to or use of the MyChart Services.

You understand that any information available to your Healthcare Provider or Authorized Users prior to termination may be retained by them.

General Legal Provisions.

Third Party Sites: From time to time, MyChart may include links to third party Internet sites as a convenience for you. The inclusion of a link does not imply endorsement of the linked site by MyChart and we are not responsible for the content or information contained on any other site. Any time you visit a third party site, you should review their privacy policy so that you understand how they collect, use, and disclose your personal information.

Third Party Rights: The indemnification and limitation of liability provisions in this Terms of Use are for the benefit of MyChart. Any authorized individuals or entities affiliated with MyChart have the right to enforce those provisions directly against you on their own behalf.

Severability: The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

Entire Agreement: This Terms of Use, together with the Privacy Policy represent the complete agreement between you and MyChart concerning the subject matter herein. Together, they replace all prior oral or written communications with you about the Terms of Use and/or Privacy Policy. MyChart may modify the Terms of Use as we described above.

Assignment: You may not assign, transfer or delegate this Terms of Use or any part of it without MyChart's prior written consent. MyChart may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.