TERMS AND CONDITIONS OF USE

THESE MYCHART TERMS AND CONDITIONS OF USE (“AGREEMENT”) IS A LEGAL DOCUMENT. READ IT CAREFULLY. BY CLICKING “I AGREE” BELOW OR OTHERWISE USING THE SERVICE, YOU ARE (A) ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND (B) AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, CLICK “I DO NOT AGREE” AND YOU ARE NOT PERMITTED TO USE THE SERVICE.

St. Elizabeth Healthcare, partnered with St. Elizabeth Physicians, is pleased to offer you secure access to your medical record information via a web-based computer system called MyChart as well as various other functionalities accessed through MyChart including, but not limited to, access to eVisits and Video Visits (“Service”).

This Agreement is between you and St. Elizabeth. “St. Elizabeth,” “we,” and “us” means St. Elizabeth Healthcare and St. Elizabeth Physicians. “You” means the person who clicks “I Agree” below or otherwise uses the Service. However, if you are clicking “I Agree” below or are otherwise using the Service on behalf of another person as their legally authorized representative, then “you” means the authorized representative and the person being represented; but in that case the Service must be used only for the benefit of the person represented.

The Service may include functionality that allows you to: (a) participate in E-Visits or Video Visits; (b) exchange messages with clinic staff; (c) view parts of your medical record; and (d) other services as offered by St. Elizabeth at St. Elizabeth’s discretion. Some functionalities have their own set of rules and terms and conditions in addition to this Agreement. When using the Service, you are bound by the terms of this Agreement as well as the terms and conditions for any specific functionality that you utilize within the Service that are incorporated herein by reference to the following links eVisit Terms and Conditions and St Elizabeth Privacy Policy. To the extent there are any inconsistencies between the terms of this Agreement and the applicable set of terms and conditions for a specific functionality, the terms and conditions for the specific functionality shall control. It is important to review this Agreement and all of the above referenced terms and conditions periodically as we may modify them at any time in our sole discretion.

To set up an account, you may request an activation form from your doctor's office. You will be required to read and agree with this Agreement.

Response to Electronic Communication – We attempt to provide timely responses to all electronic inquiries. However, in some cases, the appropriate staff may not be immediately available to respond to your electronic inquiry. You should allow at least two (2) business days for a response, but we cannot guarantee this or any response time. Emergency situations requiring immediate attention should never be submitted electronically. Delays can occur based upon, but not limited to, volume and availability of staff, the complexity of your condition, or technology occurrences outside of our control. FOR ALL URGENT MEDICAL MATTERS, CONTACT YOUR PHYSICIAN’S OFFICE, GO TO AN EMERGENCY ROOM, AND/OR CALL 911. With respect to any electronic communications sent by you, we are only able to respond to such communications based on the information provided by you. If there is insufficient information provided, we will be unable to provide accurate and reliable service.

MyChart Username and Password – You will be asked to create a unique username and password to access the Service. Inquiries and entries that you make via the Service will be logged with your identity. It is extremely important that you keep your username and password completely confidential. YOU MUST NOT SHARE YOUR USERNAME AND PASSWORD WITH ANYONE. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR USERNAME AND PASSWORD, WHETHER OR NOT AUTHORIZED BY YOU. If at any time you feel the confidentiality of your password has been compromised, you should change it by going to the password link on the St. Elizabeth MyChart website. You must notify us immediately if you discover or suspect that anyone else has obtained your username and/or password or if you know of any other breach of security. We take no responsibility for and disclaim any and all liability arising from a breach of medical record confidentiality resulting from your sharing or losing your password. We shall not be liable for any damages that result from your failure to keep your username and password secure. As a user of the Service, your role in maintaining the security of your medical information is to: (1) change your password on a regular basis, and (2) keep your username and password confidential. If we discover that you have misused or abused your access privileges in any way, your participation in MyChart may be discontinued by St. Elizabeth without prior notice.

Verification of Identity - YYour enrollment will not be activated until your identity is verified in person by a member of the St. Elizabeth staff or physician.

Minor Eligibility - PParents or guardians of minor children under the age of 14 may request access to their minor child's account by following the terms outlined in the "Proxy Access" section of this Agreement and completing an authorization form at the provider’s office. Only immunization records will be available via proxy access for children over age 14. Minors between the ages of 14 and 17 will be allowed to set up their own account access. However, parents/guardians are encouraged to speak to your child’s physician about receiving information about your child through traditional means because the majority of information about your 14 to 17 year old child is information that you are entitled to access.

Proxy Access - Individuals may request proxy access to a minor’s (under the age of 14) MyChart account by completing and submitting the Proxy Access portion of the MyChart Consent Form. Such access will only be granted to parties with parental rights or legal guardianship over the patient and only to the extent that the party requesting proxy access has the right to access the patient’s medical information. A MyChart account will be activated for both the proxy (i.e., the parent) and the account holder (i.e., the child). If the proxy’s legal relationship with the account holder changes, the proxy must inform the physician office immediately. We reserve the right to revoke proxy access at any time for any reason.

Legally Authorized Representatives – You understand that if you have appointed a legally authorized representative, that such authorized representative will be able to access your account and all the information in the account. In addition, such authorized representative may take action on your behalf via the Service. It is your responsibility to choose an appropriate authorized representative and we are not responsible for actions taken by your authorized representative. If you no longer wish for an authorized representative to have access to your account, you are responsible for revoking such access.

E-mail Privacy - You will be notified via e-mail when there is new medical information to be viewed. This means that any person with access to your e-mail will be able to see this notification. This could include your spouse, employer or anyone else that can access your e-mail account. 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. You should take this into account when providing an e-mail address. You MUST verify and update your email address to ensure that you receive notification or newly released information and general notices in a timely manner. We are not responsible for any damage resulting from your failure to verify and update your email and account information. In addition, if you send us an e-mail communication, it may be shared with the St. Elizabeth staff that assists the physician in providing your medical care.

Web Site Links - The Service may offer links to related medical web sites not managed by St. Elizabeth. These web site link(s) are for informational purposes only and are not meant to help diagnose or treat anyone, nor is it necessarily complete. St. Elizabeth does not endorse and has not verified the accuracy of the information in/on these web sites, and you should not rely on any of the information found on the web sites for purposes of treatment or diagnosis. ALWAYS SEEK THE ADVICE OF YOUR HEALTH CARE PROVIDER FOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER IGNORE YOUR PROVIDER’S ADVICE OR DELAY IN SEEKING HIS OR HER ADVICE BECAUSE OF SOMETHING YOU HAVE READ VIA A LINKED SITE. We are not responsible for the content or practice of any linked site.

Video Visits – EACH TIME YOU USE THE VIDEO VISIT SERVICE, YOU ARE (A) ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS; (B) AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS; AND (C) ACKNOWLEDGING THAT YOU ARE PRESENTLY LOCATED IN THE SAME STATE AS YOUR PROVIDER’S OFFICE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE THE VIDEO VISIT SERVICE. In most cases, the provider will be able to complete your treatment plan and recommendations during the session. SEP reserves the right and discretion to revoke access to this service at any time. ELECTRONIC COMMUNICATION CANNOT SUBSTITUTE FOR A MEDICAL EVALUATION IN WHICH A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER TAKES A HISTORY FROM A PATIENT, CONDUCTS A PHYSICAL EXAMINATION, AND ORDERS AND INTERPRETS THE APPROPRIATE DIAGNOSTIC TESTS. ACCORDINGLY, PROVIDERS WILL OFFER TREATMENT VIA THIS PORTAL FOR A VIDEO VISIT ONLY FOR CERTAIN SYMPTOMS. AT ANY TIME DURING A VIDEO VISIT, A PROVIDER MAY TERMINATE THE VIDEO VISIT AND ADVISE THE PATIENT TO SEEK TREATMENT FROM AN IN-PERSON PROVIDER OR, IF IT APPEARS TO THE PROVIDER THAT THE SYMPTOMS DESCRIBED ARE EMERGENT, TO SEEK CARE AT THE CLOSEST EMERGENCY ROOM. IF YOU HAVE AN IMMEDIATE NEED, CALL YOUR PROVIDER’S OFFICE. IF IT IS AN EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. Do not participate in a video visit if you are outside the state in which your physician’s practice is located. Our health care professionals are licensed in the jurisdictions in which their respective clinics are located. All of the terms and conditions contained in this Agreement continue to apply when accessing MyChart to initiate a video visit. Similarly, the terms and conditions set forth in any Notice of Privacy Practices, Privacy Policy, and Terms of Use apply to a video visit encounter initiated through MyChart.

Security and Confidentiality - You understand that the Service provides you with online access to portions of your electronic medical record and that you are solely responsible for any sharing of the Service content that you intentionally or unintentionally communicate to others, including to and through any of your legally authorized representatives. YOU HEREBY ASSUME THE SOLE LIABILITY FOR YOUR ACTIONS IN USING THE SERVICE AND SHALL HOLD US HARMLESS AND DEFEND AGAINST ALL DAMAGES RELATED TO SUCH USE OR DIRECTIONS TO US UPON WHICH WE RELY. You understand that not all of your medical record may appear as part of the Service. Posting of your medical information to the Service, in whole or in part, is pursuant to our policy and at the discretion of your physician.

All communications between you and us using the Service are carried over a secure, encrypted connection directly into our electronic medical record. No system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using the Service, information will be transmitted over a medium that is beyond the control of St. Elizabeth and its contractors. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED ACCESS AND/OR DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SERVICE AND AGREES THAT THE SERVICE IS NOT ERROR FREE.

Once we receive your medical information, we afford the same degree of confidentiality to medical information stored via the Service as is given to all medical information stored by St. Elizabeth in any other medium. St. Elizabeth is committed to protecting the confidentiality of your medical information. For a description of your medical privacy rights, we urge you to access our Notice of Privacy Practices at http://www.stelizabeth.com/other/privacy. Firewalls, passwords, encryption, and audit trails further safeguard your information. We have taken appropriate steps to make all information received from our online visitors as secure as possible against unauthorized access and use.

We reserve the right to revoke access to the Service at any time for any reason.

Disclaimer - The Service may not be available at all times due to system failures, back-up procedures, maintenance, or other causes. Access is provided on an “as-is, as-available” basis. There is no guarantee that you will be able to access the Service at any particular time. During times when the Service is unavailable, you are encouraged to use other traditional communication methods (e.g., telephone) to retrieve necessary medical information.

ST. ELIZABETH TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE USED TO ACCESS THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMTED TO, ANY WARRANTY OF MERCHANTABILITY, TITLE, ACCURACY OF CONTENT, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE SERVICE, NOR DO WE WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, AVAILABLE, CURRENT, COMPLETE, ACCURATE, VIRUS-FREE OR SECURE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, OFFICERS, TRUSTEES, PHYSICIANS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO: (A) THIS AGREEMENT, INCLUDING ANY BREACH OF THIS AGREEMENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING ANY CONTENT); (C) ANY CONTENT; OR (D) ANY INTERRUPTION, INTRUSION, BREACH OF SECURITY, COMPUTER VIRUS OR OTHER MALICIOUS CODE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABIITY IS BASED ON CONTRACT, NEGLIGENCE, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY.

By clicking “I Agree” or otherwise using the Service, you represent and warrant to us that you possess the legal right and ability to enter into this Agreement and to use the Services and agree to be financially responsible for your use of the Services. By clicking “I Agree” or otherwise using the Service, you acknowledge that any previous consents given by you to St. Elizabeth will apply.