Patient Portal Conditions and Terms of Individual Use Agreement [as of January 26, 2015]
This Patient Portal is not to be used for emergency communications or any sort of urgent healthcare need.If You have an emergency situation, please contact Your emergency first responders (by calling 911 or other method of contact) or arrange for transportation to the nearest emergency care provider. For non-emergency but more urgent concerns, You should contact Your Healthcare Provider directly via telephone or in-person through the contact information Your provider has given to You and follow up with Your Healthcare Provider until Your concerns are responded to by Your Healthcare Provider to Your satisfaction.
Please read this entire Patient Portal Conditions and Terms of Individual Use Agreement (Agreement) very carefully. If You have any questions about this Agreement or Your responsibilities and the terms and conditions of this Agreement, please get Your own legal and other professional advice and discuss with Your Healthcare Provider before You agree to the terms of this Agreement and before You access and use this Patient Portal service. You must be willing and able to understand and agree to the terms in this Agreement as a condition prior to, and continuing throughout, Your access and use of this system.You and eMDs are each a Party to this Agreement.You may have specific rights and obligations that vary depending upon where You and also Your Healthcare Provider is located or provides healthcare to You.
If You have any concerns whatsoever about the healthcare information and services that are provided to You or available to You, as well as Your rights and responsibilities, You should seek independent guidance from Healthcare Providers and legal counsel that are selected by You.
This Patient Portal is an optional and additional method of access and communication that You may elect to use with awareness of the risks, limitations, and conditions of using this Patient Portal.This Patient Portal is not intended for or authorized for use by the general public and is only for use by patients of healthcare providers authorized to use specific offerings from eMDs.
This “Patient Portal” is an online internet-accessible system (supplied by eMDs, Inc. (“eMDs”) that provides a voluntary option (at no direct cost to You) that allows Your Healthcare Provider (“HCP”) and You to share certain information through the functionality as supplied within the Patient Portal. The Patient Portal is not intended to be used for any other purposes and is not intended to replace or serve in any way as a method or system to provide actual professional care related to Your medical and health. Due to the many variables and other conditions that may impact the use and operation of this Patient Portal system as well as the limited intended and actual use functionality within the Patient Portal system, You and each user should take all appropriate and reasonable steps:
Your HCP controls the access and set up or Your Patient Portal account with the HCP. Your HCP will enter the information and enable and control Your access to such information with the Patient Portal account with Your HCP. If You have more than one HCP using the Patient Portal system and any HCP is using a separate database system, You will have a unique account for each such separate HCP. Your HCP controls the Patient Portal account You have with the HCP. If You have any concerns or questions related to Your Patient Portal account and any information You may view, access or enter in that account, You should promptly contact Your HCP.
If You have any concern about a possible misuse or breach of security related to the Patient Portal or Your information that is contained or shared within the Patient Portal, including but not limited to unauthorized use of Your password or account, please contact Your HCP and follow up with eMDs as may be appropriate.To help ensure the security of Your password and Patient Portal account, please sign out from Your Patient Portal account each time You finish Your active use of the Patient Portal.
Much of the Data You may review or have access to through this Patient Portal may be healthcare and medical related information. That Data is provided for general informational purposes only. By providing this Patient Portal system, eMDs does not directly or indirectly provide any professional healthcare, practice medicine, render medical advice, or dispense medical services through this Patient Portal or otherwise. Nothing contained in the Patient Portal as provided by eMDs is intended to be a medical diagnosis or treatment. No medical professional/patient relationship is created between eMDs and You through Your use and access of the Patient Portal and any Data You may send or view or receive. You should always seek the direct care and advice of Your HCP or other qualified medical/health professional if You have any questions or concerns related to Your care, treatment, and diagnosis or related to any Data in the Patient Portal.
Your HCP has control over Your personal healthcare related information and any other information that You may provide to Your HCP through the Patient Portal or that Your HCP receives from other methods.Any such use and services by Your HCP is subject to certain federal laws (laws of the United States) and may also be impacted by the laws of the state in which Your HCP is located or provides services to You. If You have any questions or concerns about such matters, please seek Your own professional advice and also communicate with Your HCP who should also provide information to You, including Your HCP’s use and disclosure of any of Your information and to explain options You may have related to such uses and disclosures.On behalf of Your HCP, eMDs provides this Patient Portal to You as an option to use and also subject to the formal contract between Your HCP and eMDs. To the extent eMDs is considered a “business associate” of Your HCP under federal law, eMDs is subject to the same restrictions on the use of Your federally protected individually identifiable health information that apply to Your HCP. eMDs is required, as applicable, to apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of certain individually identifiable health information that eMDs retains and processes on behalf of Your HCP. Like Your HCP, eMDs is also subject to certain federal laws and regulations as applicable to Your personally identifiable information that eMDs may store or process directly or on behalf of Your HCP.
Additional Explanations of Certain Words in this Agreement
“You” – [including the words “Your”] any individual who elects to use and access this Patient Portal. You must be an individual who has legal capacity to act on Your own behalf or are the authorized parent or guardian to act on behalf of the individual person who You may be using this system for the specified purpose. This system is not and should not be used by children who are under the age of 13 or for any individual who does not have the legal authority or legal capacity to consent to these terms and to use this system for its intended purpose.
“Data” – any and all of the information and content that You may send, view or receive through Your use and access of the Patient Portal.
“HCP” – Your Healthcare Provider (HCP) is the authorized professional (who is not part of eMDs) who is setting up Your Patient Portal account for You. Your HCP is also the person from whom You are receiving medical or other personal health-related services or from whom You are considering receiving such services. In addition to such professional person, the term “HCP” also includes, as applicable:(1) the legal entity(ies) that employs or has an agreement with such professional related to providing such services to You; and (2) the authorized staff or persons who assist such professional in the provision of such services to You. You may have, or need to have, more than one Patient Portal account if You have more than one HCP (or if Your HCP) and the HCP uses a system that is not part of Your Patient Portal account with a specific HCP.
“eMDs” – [including the words, “we”, “us”, and “our”] includes eMDs, Inc., its officers, agents, and team members acting within their respective authority, eMDs, Inc. the legal entity who is providing this Patient Portal system as an option for You and Your HCP(s) to use for the intended purposes of exchanging data related to You and Your healthcare related services.
“Suppliers” – the individual or individuals who: (1) are not part of eMDs; and, are (2) authorized to provide services or offerings to eMDs.
“Distributors” – the individuals or entities who: (1) are not part of eMDs; and, (2) are authorized to distribute, resell, or otherwise provide this Patient Portal to You.
“ Third Party ” – refers to an entity or individual who is not part of eMDs and who is also not You (an authorized personal end user of the Patient Portal who is using the Patient Portal for its intended purpose).
“Third Party Items” – refers to services, software, including without limitation application software, routines, tools, compilers, online resources, equipment, online or in-person resources, data or databases, or enhancements to functionality of the Patient Portal, that may be included or linked to as part of the Patient Portal, which is proprietary to or provided by a third party, and use of such items is and shall be subject to restrictions in this Agreement and by the applicable third party.
Limited Assurances and Disclaimer of Warranties and Limitations of Liability
We provide the Patient Portal to You using what we believe to be reasonable efforts under the circumstances related to our business operations to provide a Patient Portal that is convenient and secure and private and we hope that You will enjoy using the Patient Portal. But there are many things that we do not: (1) promise or agree to provide to You related to the Patient Portal; or, (2) have a responsibility to provide to You.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, eMDs our SUPPLIERS and our DISTRIBUTORS DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE PATIENT PORTAL. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE ACCURACY OR COMPLETENESS OF ANY DATA (INFORMATION) WITHIN THE PATIENT PORTAL, THE SPECIFIC FUNCTIONS OF THE PATIENT PORTAL, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR INDIVIDUAL NEEDS. WE PROVIDE THE PATIENT PORTAL “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, eMDs, OUR SUPPLIERS, AND OUR DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR ANY: PERSONAL INJURY OR HARM; DAMAGE TO PROPERTY: LOSS OF REVENUE, TIME, PROFIT, DATA, OR MONEY; SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR ANY OTHER HARMS OR ADVERSE RESULT -- THAT MAY OCCUR AND IMPACT YOU RELATED TO YOUR USE OF THE PATIENT PORTAL OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PATIENT PORTAL, WHETHER ANY ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF eMDs, Inc. (OR YOUR HCP) HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE TOTAL LIABILITY OF eMDs, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT, IF ANY, YOU PAID DIRECTLY TO eMDs TO USE THE PATIENT PORTAL DURING THE YEAR PRECEDING THE DATE OF THE INCIDENT THAT IS THE BASIS FOR ANY LIABILITY THAT MAY BE ULTIMATELY IMPOSED ON US. eMDs, AND OUR SUPPLIERS AND DISTRIBUTORS, WILL ALSO NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PATIENT PORTAL MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS OR MAY NOT FORMAT ACCURATELY ON WHATEVER METHOD YOU ARE USING FOR ACCESS. CHANGES ARE PERIODICALLY ADDED TO THIS INFORMATION AND THE PATIENT PORTAL. YOUR HCP AND eMDs, Inc., MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PATIENT PORTAL AT ANY TIME. ANY INFORMATION YOU RECEIVE VIA THE PATIENT PORTAL SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD COMMUNICATE IN PERSON WITH YOUR HCP OR OTHER APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE AND GUIDANCE FOR YOUR OWN PERSONAL SITUATION.
YOUR HCP and eMDs MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIS PATIENT PORTAL FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH DATA WITHIN THE PATIENT PORTAL AND THE PATIENT PORTAL ARE PROVIDED "AS IS" WITHOUT WARRANTY OR ASSURED CONDITION OF ANY KIND. YOUR HCP and eMDs, Inc. DO NOT PROVIDE ANY WARRANTIES AND ASSURED CONDITIONS (INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) WITH REGARD TO THIS DATA AND THIS PATIENT PORTAL,.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF LIABILITY FOR CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF, AT ANY TIME, YOU ARE DISSATISFIED WITH ALL OR ANY PORTION OF THE PATIENT PORTAL, OR IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PATIENT PORTAL.
Except to any extent prohibited by applicable law, You agree to hold eMDs, Inc. and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including any attorney’s fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or any other type of dispute resolution occurs), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from (i) Your use of and access to the Patient Portal; (ii) Your violation of any of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the Services.
Prohibition on Commercial or Business uses of this Patient Portal by You
This Patient Portal is intended solely for individual personal use and is not intended for any business or any type of commercial use by You. If You are accessing or using this Patient Portal on behalf for any business or commercial purpose, You and the Business or Entity for whom You are acting each accepts these terms and each will hold harmless and indemnify eMDs, Inc. and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Patient Portal or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney’s fees.
Additional Important Conditions Related to Your Use of the Patient Portal
Questions or Concerns related to the Patient Portal system provided by eMDs
As a reminder, please direct Your questions and concerns related to any particular Patient Portal account and the information that is shared through such account to the specific HCP who has control over and access to the account.
For Communications and Notices to eMDs related to this Agreement. You must include Your: full legal name, primary email address, primary mailing address, primary phone number, Your HCP(s) that manage Your Patient Portal, and a detailed statement of Your concern and any specific action(s) You may request that eMDs review and consider. You should direct such communications to the following address and You should follow up to ensure Your concern has been received and considered by eMDs:
[end of Agreement]