THE OREGON CLINIC
MY HEALTH CONNECTION
Effective Date: November 29, 2011
A. Your Agreement
For purposes of the Terms, “you” means the person using My Health Connection. If you are using My Health Connection on behalf of an entity, then “you” means your company, its officers, members, agents, successors and assigns.
By using My Health Connection, you are indicating that you have read, understand and agree to be bound by the policies, terms and conditions set forth in the Terms in their entirety without limitation or qualification, as well as all applicable laws and regulations, as if you had handwritten your name on a contract.
B. Modifications to the Terms
TOC may revise the Terms at any time. By using My Health Connection, you agree to be bound by the current form of the Terms. It is your responsibility to return to the Terms from time to time to review the most current terms and conditions. TOC does not and will not assume any obligation to notify you of changes to the Terms. TOC reserves the right, but has no obligation, to make changes to My Health Connection and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to My Health Connection.
You understand and agree to the following terms with regard to your account on My Health Connection:
To provide complete and accurate information to create your account, to make any payments and to keep your account information up-to-date;
Your enrollment of the services provided through My Health Connection is contingent on verification of your identity;
To choose a user name and password for your account. You understand that it is your responsibility to choose a user name and password and to maintain the confidentiality of your password. If you share your password with anyone it may jeopardize the security of your account. You agree to notify TOC promptly if you become aware that your password or account has been used without your consent. To do so, please contact us at email@example.com;
To inform TOC if you transfer care to another medical organization;
That TOC may refuse to grant you, and that you may not use, a user name that belongs to or is already being used by another user or that is offensive, in our sole discretion;
Not to impersonate any other person, thing or entity through your user name or otherwise on My Health Connection;
Not to access anyone else’s My Health Connection account without proper and valid authorization;
To use My Health Connection or email associated with My Health Connection only to ask questions about your health, or the health of a person for whom has granted you authorization;
Not to use My Health Connection if you are a person who is barred from receiving TOC’s services through My Health Connection under the laws of the U.S. or any other country;
That TOC may temporarily or permanently discontinue providing My Health Connection at any time and that as a result you may be prevented from accessing My Health Connection, your account, or information stored in your account;
To be solely responsible for all activities that occur under your account; and
That any hardware and software required to use My Health Connection is your responsibility; and in the event that My Health Connection sends messages to your mobile device, that you are solely responsible for any rates and fees charged by your mobile carrier. You also agree to update your mobile device account information within 48 hours of any deactivation of a mobile device so that a person who acquires your old number will not receive information intended for you or incur charges.
D. Prohibited Conduct
You agree not to use My Health Connection to:
Harass, stalk bully or advocate harassing, stalking or bullying another person;
Post or transmit content or information that is offensive, pornographic, hateful, threatening, defamatory or that creates a risk to anyone’s privacy or safety;
Solicit personal information from anyone under 18 years of age;
Upload or transmit unsolicited commercial messages (Spam), junk mail, pyramid schemes, chain letters or similar materials or information or viruses, worms or other malicious code;
Violate a law or infringe anyone’s rights, including copyrights, trademarks, patents and trade secrets, privacy or publicity rights;
Forge, manipulate, alter or affect or attempt to forge, manipulate, alter or affect My Health Connection, the Materials (as defined in Section I), any feature or program of My Health Connection or the Materials;
Interfere with, circumvent, disable or attempt to interfere with, circumvent or disable My Health Connection, the proper working of My Health Connection, security features of My Health Connection, the equipment connected to My Health Connection or any service provided on or through My Health Connection;
Impose an unreasonable or disproportionately large load on the infrastructure of My Health Connection or TOC’s systems or networks, or any systems or networks connected to My Health Connection;
Restrict or inhibit any other person from using My Health Connection (including without limitation by hacking or defacing any portion of My Health Connection);
Create a database by downloading and storing the Materials or any part thereof or any information provided through or on My Health Connection; and
Violate the Terms or encourage or assist anyone to violate the Terms.
You agree not to do any of the following without TOC’s written permission:
Use, copy, republish, upload, distribute, collect, modify, transmit, or post the Materials or any part thereof in any medium;
Modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of the Materials on My Health Connection, in whole or in part;
Mirror, frame or use framing techniques to enclose My Health Connection, the Materials or any part thereof;
Access or attempt to access My Health Connection or collect or index information provided to My Health Connection using any automated means, such as robots, spiders, scrapers, scripts, harvesting ‘bots, or similar means or equivalent manual processes;
Solicit, trace or otherwise collect any information from users or visitors of My Health Connection;
Reverse engineer, decompile or otherwise extract source code provided on or through My Health Connection; and
Use My Health Connection for commercial activities.
E. Payment Transactions
TOC will use it best efforts to provide a timely response to electronic inquires. In some cases, the clinic staff that needs to respond to an electronic inquiry or other communication may not be immediately available, you should allow at least three (3) business days for a response. The contents of any email may become part of your permanent medical record.
TOC is only able to respond to electronic communications based on the information provided by you or someone authorized by you to access your account. If there is insufficient information provided, TOC will be unable to provide accurate and reliable services.
As a user of My Health Connection you should be aware that you may be notified via email when there is new medical information to be viewed. This means that any person with access to your email will be able to see this notification. Although no private medical information will be sent, the notification that new medical information is available may be information that you would not want others to know. Thus, patients should take this into account when providing an email address.
You expressly agree that you use My Health Connection at your own risk. Neither TOC, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, sponsors, or licensors or the like (collectively, “Providers”) warrant that My Health Connection will be uninterrupted or error-free, or warrant the accuracy, completeness, reliability, security or currency of the Materials or the results that may be obtained from the use of My Health Connection. My Health Connection and the Materials may contain errors, omission, inaccuracies, or outdated information. Further, TOC does not warrant the reliability of, guarantee or endorse any advice, opinion, statement or other information displayed or distributed through My Health Connection. To the maximum extent permitted by law, TOC disclaims any responsibility for any transaction between you and TOC or health care providers. During times when My Health Connection is unavailable, please use other communication methods to reach your health care provider.
My Health Connection is not to be used in the case of an emergency. In an emergency, please contact 911 or visit an emergency facility.
TOC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of My Health Connection or the Materials, but has no obligation to make any corrections. TOC may make any other changes to My Health Connection, the Materials and the products, programs, services or prices (if any) described in or offered through My Health Connection at any time without notice.
MY HEALTH CONNECTION AND THE INFORMATION, PRODUCTS, SERVICES, CONTENT AND MATERIALS ON MY HEALTH CONNECTION ARE PROVIDED BY TOC ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TOC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF MY HEALTH CONNECTION, THE CONTENT, PRODUCTS, INFORMATION OR THE MATERIALS PROVIDED ON OR THROUGH MY HEALTH CONNECTION. TOC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT AND INFORMATION PROVIDED ON OR THROUGH MY HEALTH CONNECTION AND ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON OR THROUGH MY HEALTH CONNECTION OR YOUR USE OF MY HEALTH CONNECTION GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A PROVIDER OR OTHER REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND.
I. Intellectual Property Ownership and Licenses
You understand and agree that My Health Connection and all content provided on My Health Connection, such as text, graphics, logos, icons, tags, images, audio-visual works, videos, information, data, photographs, graphs, typefaces, music, sounds, features, software and other material (the “Materials”), is the property of TOC, its affiliates or its licensors and is protected by copyrights, trademarks, trade secrets, patents and other proprietary rights in all forms whether existing now or hereinafter developed. My Health Connection is copyrighted as a collective work under the U.S. copyright laws (17 U.S.C. § 101, et. seq.) and international treaty provisions, and TOC, or its licensors, owns a copyright in the selection, coordination, arrangement and enhancement of the Materials, and in the look and feel of My Health Connection. All software used on My Health Connection is the property of TOC or its licensors and is protected by U.S. and international copyright laws. All trademarks, service marks, names, and logos located on My Health Connection are the property of TOC or its licensors. Your use of any mark, name or logo located on My Health Connection without express permission of TOC, or the trademark owner, is strictly prohibited.
TOC grants you a limited, revocable, nonexclusive, non-transferable, personal license to access and display the Materials on My Health Connection for personal, non-commercial use only, for the sole purpose of viewing the Materials and information provided on or through My Health Connection, and subject to and conditioned on your continued compliance with the terms and conditions in the Terms. This license is granted solely to allow you to use and enjoy My Health Connection as permitted by the Terms. You agree not to remove, alter or obscure any proprietary notices provided in or with the Materials. All rights not expressly granted in the Terms are reserved.
J. Proxy Access
My Health Connection has the ability to allow individuals 18 years or older to access the account of an individual who is a minor or incapacitated, or an individual who has granted permission for such person to have access. Access to the account of a person who is not a minor must be authorized by such person and TOC, in its sole discretion will determine whether to grant such access.
Parents or guardians of minor children may be granted access to the minor’s account only upon demonstrating proof of parental status or legal guardianship over the account holder. Note that State and Federal laws prohibit a parent or guardian’s access to certain types of medical information without consent of the minor patient. Because of these legal requirements, TOC may limit the information provided to parents or legal guardians of minor patients. Access granted to a parent or guardian of a minor will expire when the minor reaches the age of 18. To meet applicable legal responsibilities, TOC reserves the right to suspend access to a minor patient’s account at any time on or after such minor patient’s 13th birthday. Access to such an account may remain suspended until TOC receives legally valid, voluntary authorization from the minor patient to release the information.
If the legal relationship with the account holder changes, the parent or guardian is required to inform TOC immediately. If the legal authorization to act as guardian expires or is terminated, then the guardian shall immediately discontinue all use of and access to the account holder’s account.
An account holder shall notify TOC immediately upon any termination or revocation of authorization. If an account holder terminates the person’s authorization, then the person shall immediately discontinue all use of and access to the account holder’s account.
TOC reserves the right to revoke access at anytime for any reason.
K. Your Representations and Warranties
By using My Health Connection, you represent and warrant that:
You are 18 years of age or older or an emancipated minor;
You understand and agree that the Terms is a legally binding agreement and the equivalent of a signed, written contract;
You will use My Health Connection in a manner consistent with all laws and regulations and in accordance with the terms and conditions of the Terms;
If you are authorized to access the account of another person, you will stop all use of and access to the account for which authorization applied immediately upon revocation or termination of authorization or termination of your legal right as guardian, parent or otherwise to access the account holder’s health information;
Any content that you provide to My Health Connection is original to you and does not violate the rights of any third party, including, without limitation, any intellectual property rights and rights of publicity and/or privacy;
You will provide only true, accurate, complete and current information to My Health Connection;
You will not impersonate any person or entity; and
You will not provide TOC with information that is false or misleading, or otherwise deceive TOC whether through action or omission.
L. TOC’ Rights
TOC reserves the following rights:
To terminate or suspend the account of anyone who violates the Terms;
To change or alter My Health Connection, the form and nature of My Health Connection or any services provided through My Health Connection, including changes to the payment terms for some or all uses of My Health Connection, at any time;
To review, modify, filter, delete and remove any and all content and information from My Health Connection;
To cooperate with any law enforcement, court or government investigation or order requesting or directing TOC to disclose information or content or information that you provide or that is provided on your behalf, or if TOC decides that such disclosure is in its or its users best interests;
To display advertising and promotions, which may be targeted to certain users or sections of My Health Connection that may not be identified as paid advertisements or promotions; and
To provide you with notices, including those regarding the Terms, by email, postings to your My Health Connection account or by other means.
You agree that the foregoing are rights of, but not obligations of, TOC and that TOC may, but is not obligated to exercise any of these rights.
M. Waiver of Liability
To the maximum extent permitted by law, you agree not to hold TOC or any of its directors, employees, consultant or agents liable for any loss, injury or claims of any kind resulting from messages received in connection with or through My Health Connection. You understand that TOC takes no responsibility for and expressly disclaims any and all liability, including direct, consequential, indirect, and punitive damages, arising from breach of health record confidentiality resulting from sharing, not adequately protecting or losing your password.
N. Limitation of Liabilities
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT TOC AND ITS PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR EXPENSE OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF INFORMATION, EMOTIONAL DAMAGE, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO (1) YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, PRODUCTS OR INFORMATION PROVIDED ON OR THROUGH MY HEALTH CONNECTION, (2) ANY OTHER PRODUCTS, SERVICES OR INFORMATION OFFERED, SOLD OR DISPLAYED ON OR THROUGH MY HEALTH CONNECTION, (3) YOUR USE OF, INABILITY TO USE OR RELIANCE ON MY HEALTH CONNECTION AND/OR THE MATERIALS, (4) ERRORS, MISTAKES OR INACCURACIES IN THE MATERIALS OR INFORMATION PROVIDED ON OR THROUGH MY HEALTH CONNECTION, (5) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE, (6) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION CONCERNING YOU STORED THEREIN, (7) ANY INTERRUPTION OR CESSATION OF MY HEALTH CONNECTION OR TRANSMISSIONS TO OR FROM MY HEALTH CONNECTION, (8) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH MY HEALTH CONNECTION BY ANY THIRD PARTY, OR (9) ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE BASED UPON INFORMATION CONTAINED OR PROVIDED ON OR THROUGH MY HEALTH CONNECTION, REGARDLESS OF WHETHER TOC OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH MY HEALTH CONNECTION AND SERVICES PROVIDED THROUGH OR ON MY HEALTH CONNECTION IS TO STOP USING MY HEALTH CONNECTION OR SERVICES.
You agree to indemnify, defend and hold harmless TOC and its Providers from and against any and all third party claims, damages, obligations and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your (a) use of My Health Connection in violation of the Terms; (b) violation of any law or regulation; or (c) violation of any third party right, including intellectual property, proprietary and privacy rights.
P. Governing Law
The Terms is made available in English and is governed by the laws of the state of Oregon, without giving effect to its conflict of law provisions. This is the case regardless of whether you reside or transact business with TOC in Oregon or elsewhere. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Portland, Oregon. You agree that My Health Connection is a passive site that does not give rise to specific or general personal jurisdiction over TOC in any jurisdiction other than Oregon. If you would like to obtain the Terms in an alternative language, please contact TOC.
Any dispute relating in any way to your use of My Health Connection shall be submitted to confidential arbitration in Portland, Oregon, except that, to the extent you have in any manner violated or threatened to violate TOC’s or its licensor’s intellectual property rights, TOC may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association using a single arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under the Terms shall be joined to an arbitration involving any other party subject to the Terms, whether through class arbitration proceedings or otherwise. If the prior sentence prohibiting joinder and class arbitration is held unenforceable, then the entire first paragraph of this Section Q will also be unenforceable.
You are responsible for your use of My Health Connection, including all interactions with other users of My Health Connection and all health care providers through My Health Connection. TOC is not an arbiter of user disputes. TOC reserves the right, but has no obligation, to become involved in any such dispute.
R. Limitations on Claims
Any cause of action you may have with respect to your use of My Health Connection must be commenced within one (1) year after the claim or cause of action arises.
Without limiting its other remedies, TOC may issue a warning, temporarily suspend, indefinitely suspend or terminate the Terms and your access to My Health Connection and your account, or the account for which you may have been authorized to access, if you fail to comply with any term or condition of the Terms. TOC may take such actions without providing you prior notice or a refund of any pre-paid fees and at its sole discretion. Upon such violation, you agree to terminate access to My Health Connection. Upon termination, those provisions of the Terms that expressly or by their nature survive will continue in full force and effect.
T. Hyperlink Disclaimers
Linked Sites are not maintained, controlled or otherwise governed by TOC. TOC does not endorse, make any representations regarding or warrant any information, goods and/or services appearing and/or offered on any Linked Site. A link to a Linked Site does not imply that TOC sponsors, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright of TOC or any of its affiliates. TOC is neither responsible for nor will it be liable under any theory based upon any information, product and/or content found on any Linked Site or any site(s) linked to or from any Linked Site. TOC reserves the right to discontinue any Linked Site at any time without prior notice.
U. Geographic Scope of Use
TOC makes no representation that My Health Connection or the Materials are appropriate or available for use at locations outside of the United States. Access to My Health Connection and the Materials from territories where they are illegal is prohibited. You may not use My Health Connection or export the Materials in violation of U.S. export laws and regulations. If you access My Health Connection from locations outside of the U.S., you are responsible for compliance with all local laws.
V. Entire Agreement and Assignment
The Terms, together with all documents and policies referenced herein, constitutes the entire agreement between TOC and you with respect My Health Connection and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and TOC with respect to My Health Connection, except for any separate written agreement between you and TOC that by its terms is not superseded by the Terms. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of the Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
You may not assign the Terms or any part of the Terms without the express written consent of TOC. You agree that TOC may assign the Terms or any part of the Terms at any time and for any reason without your consent.
In the event that any provision in or obligation under the Terms is held invalid, illegal or unenforceable, the validity, legality or enforceability of other provisions in or obligations under the Terms will not in any way be affected or impaired thereby.
X. Our Policy Concerning Children
My Health Connection is not intended for use by children. If you are under 13 years of age, you may use My Health Connection only with the involvement and permission of a parent or guardian.
Y. Contact Information
If you have any questions regarding the Terms, then feel free to contact us at:
Attn: Director of Information Technology
The Oregon Clinic
847 NE 19th Ave, Suite 300
Portland, OR 97232