MyPatientNOW is a service provided by
PatientNOW Inc. (PatientNOW) for this medical practice. All information entered
through MyPatientNOW will be securely downloaded directly to your medical
practice.
USE OF MyPatientNOW
IS SUBJECT TO THE FOLLOWING TERMS OF USE. READ THE FOLLOWING INFORMATION
CAREFULLY. IN COMPLIANCE WITH THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT, YOU
MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO SUBMIT PERSONAL MEDICAL DATA AND
INFORMATION. IN UTILIZING THIS SERVICE, YOU REPRESENT THAT YOU ARE OVER EIGHTEEN
(18) YEARS OF AGE. BY CLICKING ON THE “I ACCEPT” BUTTON BELOW, YOU ACKNOWLEDGE
THAT YOU UNDERSTAND AND ACCEPT THE FOLLOWING TERMS OF USE. IF YOU DO NOT ACCEPT
THESE TERMS OF USE, YOU MAY NOT ACCESS THIS SITE OR UTILIZE ANY OF THE SERVICES
PROVIDED ON OR THROUGH THIS SITE.
Access and Use of Service by Patient. PatientNOW shall
provide to you the non-exclusive right to access the Service through the
MyPatientNOW website. The Service will send Personal Health Information you
input for the limited purpose of maintenance and storage of your medical
records. “Patient(s)” shall mean individuals like yourself
and/or the legal guardians thereof, who utilize the Service; and the term “Personal Health Information” shall mean your
demographic data, insurance data, medical data and signed consents as entered
into the Service pursuant to the terms and conditions provided herein and which,
upon authorization, will be shared with other healthcare providers.
Information and Instructions to be provided to the Patients. Information
and instructions for inputting your Personal Health Information into the Service
are set forth on the website, and are in addition to those instructions already
provided to you.
Limitations of Service. You are solely responsible for all equipment, software
and connections to the Internet required to gain access to MyPatientNOW.
Verification of Accuracy and Completeness of Personal Health Information. The
Service provides functionality that permits you to verify the accuracy and
completeness of your Personal Health Information. You shall be responsible for
the accuracy and completeness of your inputted Personal Health Information.
PatientNOW is not responsible for the accuracy and completeness of all Personal
Health Information and for verifying such Personal Health Information with you.
Integrity and Confidentiality of Personal Health Information.
PatientNOW shall deploy commercially reasonable and available security measures
to protect the integrity and confidentiality of your Personal Health
Information.
Security. You ensure that you will: (a) be responsible
for the security and/or use of your user id and password; (b) not permit any
other person or entity to use your user id and password; and (c) access and use
the Service in accordance with these Terms of Use and all applicable local,
state, and federal laws and regulations. You shall also be responsible for: (d)
your obligations under these Terms of Use and the restrictions set forth in
these Terms of Use; and (e) your use of the Service. PatientNOW reserves the
right to deny or revoke access to the Service, in whole or in part, if
PatientNOW reasonably believes that you are in breach of these Terms of Use or
are otherwise using or accessing the Service inconsistent with the Terms of Use.
Ownership and Use of Personal Health Information. You
own and retain all right, title and interest in and to all of your Personal
Health Information and PatientNOW shall obtain no other interest whatsoever in
such Personal Health Information, except as otherwise expressly provided herein.
Provided that PatientNOW obtains prior authorization in writing or electronic
form, and in compliance with applicable law, including the Health Insurance
Portability and Accountability Act of 1996 and all regulations pertaining
thereto (collectively, “HIPAA”), from you, PatientNOW may use your
Personal Health Information in connection with, or disclose your Personal Health
Information to other PatientNOW clients.
PatientNOW Materials. All materials, including without
limitation, the Service, any computer software, web pages, web-based
applications, Internet domain names, data or information developed or provided
by PatientNOW, and any ideas, know-how, methodologies, equipment or processes
conceived, developed or used to provide the Service or other deliverables or
services including, without limitation, all copyrights, trademarks, patents,
trade secrets and any other proprietary rights related to such materials
(collectively, "PatientNOW
Materials") shall be and remain the sole and exclusive property of
PatientNOW.
General Restrictions. Commercial use of this Service is
prohibited. Except as otherwise provided in these Terms of Use, you shall not:
(a) provide, disclose, divulge or make available to or permit use of the Service
by any third party; (b) copy or reproduce all or any part of the Service (except
as expressly provided for herein); (c) interfere, or attempt to interfere, with
the Service in any way; (d) distribute, market, sell, lease, transfer, license
or sublicense the Service; (e) modify, change, alter, translate, create
derivative works from, reverse engineer, disassemble or decompile the Service,
or discover or attempt to discover the source code of all or any portion of the
Service in any way for any reason; (f) engage in spoofing or any other
fraudulent, illegal or unauthorized use of the Service or PatientNOW's systems;
(g) introduce into or transmit through the Service any virus, worm, trap door,
back door, timer, clock, counter or other limiting routine, instruction or
design; (h) attempt to provide or create a link to the Service, except as
authorized by PatientNOW; (i) create any frames at any other web sites
pertaining to or using any of the information provided by the Service; or (j)
engage in or allow any action involving the Service that is inconsistent with
these Terms of Use.
Term. These Terms of Use will commence as soon as you
access and use the service and continue for the duration of your access and use.
Termination by PatientNOW. PatientNOW shall have the
right to terminate your access to all or part of this site at any time, with or
without notice.
Patient’s Warranties. You represent and warrant to
PatientNOW that you have the capacity to understand and accept these terms.
Furthermore, you represent and warrant that you are not accessing the service
under misrepresentation or false identification. If you are inputting Personal
Health Information on behalf of another, you warrant and represent that you have
the right to be binding to that other person.
DISCLAIMER. PATIENTNOW AND ITS AFFILIATES, SUBCONTRACTORS AND THIRD
PARTY LICENSORS, IF ANY, MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS,
IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SERVICE PROVIDED TO YOU UNDER
THIS AGREEMENT, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PATIENTNOW
SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE SERVICE IS
PROVIDED “AS IS, AND WITH ALL FAULTS.” PATIENTNOW DOES NOT GUARANTEE THAT YOUR
ACCESS TO THE SERVICE PROVIDED UNDER THIS AGREEMENT WILL BE UNINTERRUPTED, ERROR
FREE OR SECURE. PATIENTNOW IS NOT A HEALTH SERVICES PROVIDER AND MAKES NO
REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OF THE SERVICE REGARDING
THE COMPLETENESS OR ACCURACY OF THE PERSONAL HEALTH INFORMATIONYOU ENTER OR
PROCESSED DATA, NOR ANY INTERPRETATION, MEDICAL DECISION OR COURSE OF MEDICAL
TREATMENT RELATED THERETO. FURTHER, PATIENTNOW DOES NOT WARRANT TO YOU THE
AVAILABILITY OF THE SERVICE AT ALL TIMES AND SPECIFICALLY EXCLUDES AVAILABILITY
DURING SCHEDULED DOWNTIME FOR MAINTENANCE PURPOSES, UNSCHEDULED MAINTENANCE AND
SYSTEM OUTAGES, AND/OR AVAILABILITY OF THE SERVICE FOR REASONS BEYOND
PATIENTNOW’S CONTROL.
PATIENTNOW AND ITS AFFILIATES, SUBCONTRACTORS AND THIRD PARTY
LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, LOSS
OF OR DAMAGE TO YOUR PERSONAL HEALTH INFORMATION, COST OF COVER, DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN
CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE
SERVICE UNDER THESE TERMS OF USE, WHETHER ALLEGED AS A BREACH OF CONTRACT OR
TORT, INCLUDING NEGLIGENCE, EVEN IF PATIENTNOW HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ADDITION, PATIENTNOW WILL NOT BE LIABLE FOR ANY
DAMAGES CAUSED BY ANY DELAY IN DELIVERY OR FURNISHING ACCESS TO THE SERVICE
UNDER THESE TERMS OF USE. SINCE THE SERVICE IS PROVIDED TO YOU AT NO CHARGE,
PATIENTNOW SHALL NOT BE LIABLE UNDER THESE TERMS OF USE FOR ANY DAMAGES OF ANY
KIND.
Patient. PatientNOW does not have any responsibility for
your medical treatment or care. You shall indemnify, defend and hold harmless
PatientNOW, its directors, officers, employees, agents, successors and assigns
and defend any action brought against same with respect to any claim, demand,
cause of action, debt or liability, including reasonable attorneys' fees,
arising out of or relating to: (a) any injury resulting from the use of your
Personal Health Information; (b) any claim that your Personal Health Information
inaccurate or incomplete; (c) claims that content or information provided by you
infringes the intellectual property rights of a third party; or (d) any breach
of these Terms of Use by you.
Privacy Terms. PatientNOW acknowledges that in carrying
out its obligations under these Terms of Use, PatientNOW and its subcontractors,
employees, affiliates, agents, or representatives may have access to your
medical records and health information. PatientNOW will take all reasonable
precautions necessary to safeguard the confidentiality of your Personal Health
Information, which will in no event be less than a reasonable degree of care.
PatientNOW agrees to use reasonable efforts to comply with any local, state or
federal law and regulations governing the privacy and confidentiality of the
content of your Personal Health Information including, without limitation,
HIPAA.
Waiver and Severability. Any waiver or modification of
these Terms of Use will not be effective unless executed in writing and signed
by you and PatientNOW. The failure of either party to enforce, or the delay by
either party in enforcing, any of its rights under these Terms of Use will not
be deemed to be a waiver or modification by such party of any of its rights
under this Agreement. If any provision of these Terms of Use is held to be
unenforceable, in whole or in part, such holding will not affect the validity of
the other provisions of the Terms of Use.
Governing Law. These Terms of Use will be interpreted
and construed in accordance with the laws of the state of Colorado, without
regard to conflict of law principles. All disputes arising out of these Terms of
Use shall be brought only in the district and federal courts located in
Colorado.
EACH PARTY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND
VENUE OF THE DISTRICT COURT LOCATED IN Douglas County, Colorado.