PARK NICOLLET MYCHART (the "SERVICE") AGREEMENT
THIS AGREEMENT IS A LEGAL DOCUMENT. READ IT CAREFULLY. THIS AGREEMENT CONTAINS SIXTEEN (16) SEPARATELY NUMBERED SECTIONS BELOW PLUS AN APPENDIX. 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 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.
To request an account, submit a MyChart Consent Form to the Customer Service department, indicating you have read this Terms & Conditions Statement.
1. Who "You" and "We" Are.
This Agreement is between you and Park Nicollet. "Park Nicollet," "we," and "us" mean Park Nicollet Clinic and its affiliates. "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 represented; but in that case the Service must be used only for the benefit of the person represented.
2. What is the Service?
The Service may include functionality that allows you to: (a) exchange online messages with your Park Nicollet provider (typically a physician or nurse) about health issues for a service fee (also called "E-Visits"); (b) exchange messages with clinic staff (typically a nonprovider or nurse) about immunizations, medications, allergies or other routine issues without a service fee ("Messaging"); (c) view parts your medical records held by Park Nicollet (the "Records Service"); and (d) search for and view general health and wellness information (the "Resources Service"). Each of these functions has its own rules of use, which we describe below. Because we are always trying to improve the Service, we reserve the right to change the Service and its functions without notice to you.
For your own health and safety it is important for you to understand when NOT to use E-Visits. While E-Visits can have many benefits, they can pose risks unless you follow these rules.
a. For Routine Visits Only. When you visit your physician in-person, he or she has a chance to see, hear, feel and otherwise perceive health issues that you may not even have noticed or thought important to mention. However, in an E-Visit your physician perceives only what you type in your message. If you don't describe an important symptom—whether because you didn't know it was important, you weren't good at typing it, or for some other reason—your physician may not be able to give you the right advice. This is why YOU MUST ONLY USE E-VISITS FOR ROUTINE HEALTH ISSUES YOU ARE SURE YOU CAN FULLY AND ACCURATELY DESCRIBE IN YOUR MESSAGE. Even then, E-Visits are not a substitute for regular in-person visits to your physician.
b. Not for Emergencies. We typically will respond to your E-Visit request within two (2) business days, but we cannot guarantee this or any response time. System failures, maintenance needs, Internet "brown-outs" and other interruptions may further slow or prevent E-Visit exchanges. This is why YOU MUST ONLY USE E-VISITS FOR NON-URGENT, NON-EMERGENCY ISSUES. If you experience symptoms like shortness of breath, chest pain, dizziness, weakness, confusion, high fever, sudden or major bleeding, severe rashes or hives, severe allergic reactions, or any other symptoms that might suggest a serious condition, CALL YOUR DOCTOR'S OFFICE, VISIT THE NEAREST HOSPITAL EMERGENCY DEPARTMENT, OR DIAL 911 IMMEDIATELY.
c. Other E-Visit Rules. Do not use E-Visits if you have moved or reside outside the State of Minnesota. Our health care professionals are only licensed in Minnesota. Do not send requests on behalf of someone else, or about someone else's health. Our fees for E-Visits may change from time-to-time, and you agree to pay all charges not covered by insurance.
d. Uses and Disclosures of Your Information. Your E-Visit messages to your physician and his or her responses to your messages may become part of your permanent medical record. This information is generally held confidential, but may be used and disclosed by us in accordance with our Notice of Privacy Practices ("Notice"). Our Notice can be accessed at http://www.parknicollet.com/legal/notice_privacy_practices.cfm.
e. Consents. By clicking "I Agree" below or otherwise using the Service, you acknowledge that any previous consents given by you to Park Nicollet will apply to E-Visits also, including but not limited to consents to share your information as necessary to care for you, and consents to bill your insurance company and release your information to your insurer as necessary for our bills to be paid.
4. The Records Service.
You agree to allow us to release your personal health information to you through the Records Service, including but not limited to information relating to your allergies, immunizations, medications, laboratory and test results, and problem lists. We offer the Records Service as a convenient way for you to access, monitor and obtain information about your health. However, certain legal, practical and other considerations may keep us from making your entire medical record available through the Records Service. Important information may be missing. Moreover, the information you obtain through the Records Service may have formatting and other differences from your official medical record, may not be completely up-to-date, and may not have been reviewed or verified by your physician. For these reasons, NEITHER YOU NOR YOUR HEALTH CARE PROVIDERS SHOULD RELY EXCLUSIVELY ON INFORMATION YOU OBTAIN THROUGH THE RECORDS SERVICE FOR PURPOSES OF MAKING IMPORTANT HEALTH CARE DECISIONS.
5. The Resources Service.
The general health and wellness information accessible through the Resources Service is provided solely for informational purposes. It is not meant to help diagnose or treat anyone, nor is it necessarily complete. 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 IN THE RESOURCES SERVICE. Any links to third party web sites in the Resources Service are provided solely as a convenience to you and do not mean that we endorse or have any association with those sites. We are not responsible for their content or practices.
SOFTWARE ERRORS (BUGS), HUMAN ERRORS, HACKERS, COMPUTER PROBLEMS AND OTHER CAUSES COULD RESULT IN YOUR COMMUNICATIONS AND PERSONAL INFORMATION BEING DISCLOSED TO SOMEONE ELSE.
7. Your User ID and Password.
YOU MUST NOT SHARE YOUR USER ID AND PASSWORD WITH ANYONE. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER ID AND PASSWORD AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR USER ID AND PASSWORD, WHETHER OR NOT AUTHORIZED BY YOU. You must notify us immediately if you discover or suspect that anyone else has obtained your User ID and password, or if you know of any other breach of security, by using the Contact Us feature in the Service.
As between you and us, all right, title and interest in and to the Service, in whole and in part, including all copyrights, trade secrets, trademark, patent and other forms of proprietary and intellectual property rights, belong to us and/or our third party licensors. This includes any Content contained on or obtained through the Service. Further, the entire contents of the Service constitute a collective work protected under the copyright laws of United States and other copyright laws. The copyright in the collective work is held by us and/or our third party licensors. For purposes of this Agreement, "Content" means any information, material or other content, including any text, graphics, images, data, audio or video. For purposes of this Agreement, "third party licensors" means the third parties that provide us software and other Content for the Service.
You may display and, subject to any expressly stated restrictions or limitations relating to specific Content, download portions of the Content from the different areas of the Service solely for your own non-commercial use. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from Content downloaded or printed from the Service. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without our prior written consent.
Upon your acceptance of the terms and conditions contained in this Agreement, we authorize you to view or download a single copy of the Content on the Service solely for your personal, noncommercial use, subject to the terms and conditions of this Agreement. As discussed in Section 10 below, other rules may apply to the use of certain software and other Content provided on the Service.
10. Changes to Agreement; Other Rules.
We reserve the right to change this Agreement, in whole or in part, at any time. Changes will become effective when posted on the Service. THIS AGREEMENT WAS LAST UPDATED ON January 17, 2005. From time to time, we may post on the Service or otherwise notify you (such as by email or mail) of additional or different rules and policies relating to the Service. These rules and policies are also part of this Agreement. If you use the Service after the posting or other notice of changes in this Agreement or changed policies, you are agreeing to follow and be bound by them.
We may terminate this Agreement (including your permission to use and access the Service) at any time in our sole discretion and without notice to you. You may terminate this Agreement by providing written notice to Patient Online Services, 6500 Excelsior Blvd., St. Louis Park, MN 55426. Even after the termination of this Agreement, Sections 8 ("Ownership"), 12 ("Disclaimer of Warranties"), 13 ("Limitations of Liability,") and 14 ("Indemnification") shall remain in effect indefinitely.
12. DISCLAIMER OF WARRANTIES.
THE SERVICE (INCLUDING ANY CONTENT) IS PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED 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.
13. LIMITATIONS OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, OFFICERS, PHYSICIANS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, 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 DIAGNOSIS, TREATMENT OR HEALTH CARE ADVICE COMMUNICATED TO YOU IN AN E-VISIT; (d) ANY CONTENT; OR (e) ANY INTERRUPTION, INTRUSION, BREACH OF SECURITY, COMPUTER VIRUS OR OTHER MALICIOUS CODE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY.
On behalf of yourself, your heirs and assigns, YOU AGREE TO RELEASE, INDEMNIFY AND HOLD US AND OUR DIRECTORS, OFFICERS, PHYSICIANS, EMPLOYEES, AGENTS AND THIRD PARTY LICENSORS HARMLESS from and against any and all liabilities, losses, damages, claims, and expenses, including reasonable attorneys' fees, WITH RESPECT TO (a) ANY AND ALL INJURY, DISABILITY, DEATH OR DAMAGE TO PROPERTY (TANGIBLE OR INTANGIBLE) ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE; (b) ANY INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHTS ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE (INCLUDING ANY CONTENT); (c) ANY BREACH OF YOUR REPRESENTATIONS OR OBLIGATIONS UNDER THIS AGREEMENT; (d) ANY ACTIVITY THAT OCCURS UNDER YOUR USER ID AND PASSWORD; OR (e) YOUR USE OF ANY CONTENT.
By clicking "I Agree" below or otherwise using the Service, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you possess the legal right and ability to enter into this Agreement and to use the Service; and (c) you agree to be financially responsible for your use of the Service.
The terms of this Agreement are intended to be valid and enforceable to the fullest extent allowable by law. If any term of this Agreement is found invalid or unenforceable, the remaining terms will remain valid and enforceable and any such invalid or unenforceable term will be deemed modified to the extent necessary to make it valid and enforceable. No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term. This Agreement is the entire agreement between you and Park Nicollet pertaining to the Service and replaces any prior understandings between you and Park Nicollet with respect to the Service. Except as provided in Section 10 ("Changes to Agreement; Other Rules"), this Agreement may not be changed except in a writing signed by you and an authorized representative of Park Nicollet.