Please read these Terms and Conditions of Use (the “Terms”) carefully before using this Patient Portal (the “Portal”). Your use of the Portal is subject to all of the terms and conditions of use which are set forth in detail below. By accessing or using the Portal, the operator of this site (“the Operator”) grants you a limited license to access the Portal subject to the acceptance and compliance with the Terms.
You also agree and acknowledge that from time to time the Portal may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs which may be undertaken from time to time, or (iii) causes which are beyond the Operator’s control or which are not reasonably foreseeable.
All content included on the Portal, such as text, graphics, logos, images, and data, is the property of the Operator and is protected by United States and international copyright laws. The Operator retains all intellectual property rights of any kind or nature related in any manner to the Portal, including, but not limited to, all such rights related to the software, products, processes, workflows, services, designs, or logos. You acknowledge that Operator retains all right, interest and title in its intellectual property and you agree not to contest those rights or engage in any conduct contrary to those rights. You agree not to reproduce, duplicate, copy, sell, resell, reverse engineer or exploit for any commercial purposes in any manner, any portion of the Portal, or use or access the Portal in any manner that is inconsistent with these Terms.
We are committed to the privacy and confidentiality of personal information, and we recognize that the security of your health care information is of great concern to you. Some or all of the information accessible through the Portal constitutes Protected Health Information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and related federal and state laws and regulations (collectively, the “Privacy Laws”). All users of the Portal are required to comply in all respects with the Privacy Laws.
We treat as confidential all PHI submitted by you in accordance with our Notice of Privacy Practices. You may obtain a copy of our Notice of Privacy Practices by accessing the Privacy Practices link on this Portal. You are responsible for maintaining the confidentiality of all information accessed through the Portal and for restricting access to your computer, and are fully responsible for all activities that occur under your login or account. You agree to immediately notify your physician of any unauthorized use of your information or any other breach of security. Neither the Operator of this site nor any physician nor any affiliate, member, manager, officer, director, agent, employee or representative (collectively, “Representatives”) of the Operator or any physician will be liable for any loss or damage arising from your failure to comply with this provision. Additionally, all patients are responsible for the use and misuse by their legal representatives and authorized users of this Portal and the information contained therein.
We are committed to protecting the privacy of children. THIS PORTAL IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 18. In the event the system recognizes that anyone under 18 has attempted to access the Portal, the session will be aborted and an appropriate notice posted to the user.
THE PORTAL IS PROVIDED BY THE OPERATOR ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE OPERATOR MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PORTAL OR THE INFORMATION, CONTENT, OR DATA INCLUDED ON OR PROVIDED THROUGH THE PORTAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATOR DOES NOT WARRANT THAT THE PORTAL, ITS SERVERS, OR E-MAIL SENT FROM THE OPERATOR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER THE OPERATOR, ANY PHYSICIAN NOR ANY REPRESENTATIVE OF THE OPERATOR OR ANY PHYSICIAN WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PORTAL, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. The OPERATOR assumeS no responsibility, and IS not liable for any damage to, or virus or other harmful code that may affect your computer equipment or other property based on your access to, or use of, the PORTAL. This also applies to the downloading of any objects from the PORTAL.
You agree that the Operator, in its sole discretion, may terminate your access to the Portal or use of the Portal for any reason, including, without limitation, if the Operator believes that you have violated or acted inconsistently with the letter or spirit of the Terms. You agree that any termination of your access to the Portal under any provision of these Terms may be effected without prior notice, and acknowledge and agree that the Operator may bar any further access to your account or the Portal. Further, you agree that the Operator shall not be liable to you or any third-party for any termination of your access to the Portal.
You agree to indemnify and hold the Operator, all medical providers whose information is provided in this Portal, and each of their respective Representatives harmless from any claims, demands, losses, damages, fees, or penalties, and the cost to investigate and defend same including reasonable attorneys’ fees, made by you, any federal or state agency, or any third party due to or arising out of the breach of these Terms or a violation of the Privacy Laws by you or anyone accessing this Portal on your behalf..
The Terms may be updated by us from time to time without notice to you. Any changes to the Terms will be effective immediately upon posting of the charged terms and conditions on the Portal. You agree to review the Terms periodically, and your use of the Portal following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.
The Terms constitute the entire agreement between you and the Operator and governs your use of the Portal. The Terms and the relationship between you and the Operator shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. The failure of the Operator to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of the Operator or any third party.
If a refund is due, the credit card used to make the payment will be credited the refund amount or a check will be mailed to the address on the account.