1. Use of the Patient Portal
You agree that you will only use the Patient Portal for legitimate reasons associated with your health and healthcare. You agree not to use the Patient Portal to: (a) transmit any Submissions that are unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submissions; (e) transmit any Submissions that you do not have a right to transmit under any law or under contractual relationships; (f) transmit any Submissions that infringe upon any patent, trademark, trade secret, copyright, or other proprietary rights of any person; (g) transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (h) transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware of telecommunications equipment; (i) interfere with or disrupt the Patient Portal’s services or servers or networks connected to the Patient Portal; or (j) incite or provide instructional information about illegal activities.
You, not Sheltering Arms, are entirely responsible for all Submissions. Sheltering Arms does not control your Submissions, and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You represent and warrant that all Submissions provided by you are accurate and reliable. You further represent that, to the best of your knowledge and belief, your use of the Patient Portal does not directly or indirectly infringe on the legal rights of a third party.
2. Privacy and Security of Protected Health Information
The Patient Portal is designed to be compliant with the Health Insurance Portability and Accountability Act of 1996. Sheltering Arms will maintain the privacy of the health information you submit through the Patient Portal in accordance with its Notice of Privacy Practices, which is available at ____________. Nevertheless, if there is information that you do not want transmitted over online secure communication channels, it is your responsibility to refrain from submitting such information through the Patient Portal.
You grant Sheltering Arms and all other persons or entities involved in the operation of the Patient Portal the right to transmit, monitor, retrieve, store and use your Submissions in connection with Sheltering Arms’ control and maintenance of its Patient Portal services. Any information you submit through the Patient Portal will be communicated using encryption technology. However, Sheltering Arms cannot and will not guarantee that: (a) the information, during its transmission, will be protected against loss, misuse or alteration by third parties; (b) access to your account and any information or data you submit to Sheltering Arms will be uninterrupted; or (c) any encryption technology by Sheltering Arms will not be breached.
3. Username and Password; Collection of Personal Information
You will create a user name and password upon completing the registration process for a Patient Portal account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your account. It is your sole responsibility to (i) maintain the confidentiality of your user name and password, and (ii) promptly inform Sheltering Arms of any need to deactivate or reset your account. You agree to immediately notify Sheltering Arms of any unauthorized use of your password or account or any other breach of security and to ensure that you exit from your account at the end of each session. Sheltering Arms is not responsible for breaches of confidentiality caused by you or an independent third party.
Sheltering Arms collects personal identification information that you choose to share when you register for a Patient Portal account. This information may include your contact information, date of birth, other demographic information and your answers to questions regarding your health status. All Submissions, including information from account registration, may be saved to our database. This enables you to use the personalized features on the Patient Portal on a recurring basis. Your personal identification information may be updated or deleted by you at any time. If you choose to forgo providing that information required for account registration, you may not register for the Patient Portal.
4. The Patient Portal Does Not Provide Medical Advice.
The Patient Portal is provided for your convenience. It is a website for secure, private communication with Sheltering Arms regarding administrative matters such as scheduling appointments and completing required paperwork. It also provides you with tools to help you manage your health. Use of the Patient Portal does not create a healthcare provider/patient relationship between you and Sheltering Arms or any of our providers. The Patient Portal is not a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice of a physician or other qualified healthcare provider with any questions regarding personal health or medical conditions.
Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read on the Patient Portal. If you suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. IF YOU ARE EXPERIENCING AN EMERGENCY, PLEASE DIAL 911.
5. Proprietary Rights
All Patient Portal Content, design, text, graphics, and the selection and arrangement thereof are copyrights of Sheltering Arms, © 2012 Sheltering Arms. All Rights Reserved.
The Patient Portal is protected by the copyright laws of the United States and foreign countries. Title to the Patient Portal’s Content is owned by Sheltering Arms or its licensors, and all use thereof inures to the benefit of Sheltering Arms or its licensors. You are only permitted to use the Patient Portal as expressly authorized by us. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Content from the Patient Portal by any form or by any means without prior written permission from us, and you are solely responsible for obtaining permission before reusing any copyrighted Content that is available on the Patient Portal. Any unauthorized use of the Content appearing on the Patient Portal may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. We do not warrant or represent that your use of the Content displayed on, or obtained through, the Patient Portal will not infringe on the rights of third parties.
The Patient Portal may provide links to other websites or resources. You acknowledge and agree that Sheltering Arms is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Sheltering Arms shall not be responsible or liable for, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
You agree that you are solely responsible for your use of the Patient Portal including, but not limited to, any Submissions that you create, and you will defend, indemnify, and hold Sheltering Arms, its officers, directors, affiliates, employees, agents, licensors, and suppliers, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Patient Portal. This obligation will survive the termination of your Patient Portal account or the Patient Portal itself.
9. Disclaimer of Warranties
THE PATIENT PORTAL AND ANY INFORMATION CONTAINED THEREIN OR PROVIDED THROUGH THE PATIENT PORTAL ARE PROVIDED ON AN “AS IS” BASIS. SHELTERING ARMS WILL REGARD ALL ACCESS TO AND USE OF THE PATIENT PORTAL AS VOLUNTARY AND AT YOUR SOLE RISK.
TO THE FULLEST EXTENT ALLOWED BY LAW, SHELTERING ARMS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SHELTERING ARMS MAKES NO WARRANTY THAT (i) THE PATIENT PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE CONTENT AND INFORMATION THAT MAY BE OBTAINED THROUGH THE PATIENT PORTAL WILL BE ACCURATE OR RELIABLE, AND (iii) THE QUALITY OF ANY CONTENT, SERVICES, PRODUCTS, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PATIENT PORTAL WILL MEET YOUR EXPECTATIONS.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHELTERING ARMS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARISE FROM YOUR USE OR INABILITY TO USE THE PATIENT PORTAL INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURY, ILLNESS, DISABILITY, LOSS OF USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHELTERING ARMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SHELTERING ARMS EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO SHELTERING ARMS FOR ACCESS TO AND USE OF THE PATIENT PORTAL. THE SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PATIENT PORTAL WILL BE TO STOP USING IT.
11. Modification of Patient Portal
Sheltering Arms reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Patient Portal (or any part thereof). You agree that Sheltering Arms shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Patient Portal. Sheltering Arms may specify from time to time the version(s) of related products required in order to use the Patient Portal (e.g. supported browsers).
12. Use by Children
Sheltering Arms is committed to protecting the privacy of children. You must be 18 years of age or older to use the Patient Portal. Sheltering Arms does not knowingly collect personally identifiable information from any person who is a child under the age of 18.
13. Choice of Law
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us related to the Patient Portal, (i) you will submit to the state or federal courts of the State of Virginia, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
15. Assignment and Waiver
16. Severability and Complete Agreement