Terms of Service
MEDIPORTAL, LLC TERMS AND CONDITIONS OF USE
MediPortal offers the Patient Portal, Site and App to patients as a courtesy, and MediPortal, in its sole discretion, may terminate your registration or access to the Patient Portal, Site or App for any reason without any prior notice. Further, you agree that MediPortal shall not be liable to you or any third-party for any termination of your registration or access to the Patient Portal, Site or App.
MediPortal reserves the right to modify and update these Terms and Conditions of Use at any time by posting amended Terms and Conditions of Use on mymediportal.com and/or the Patient Portal, Site and/or App. Any updates to these Terms and Conditions of Use will be posted on mymediportal.com and/or the Patient Portal, Site or App, from time to time. You acknowledge your responsibility to review these Terms and Conditions of Use from time to time and to be aware of any such changes. Your use of the Patient Portal, Site and/or App after such posting constitutes acceptance by you of the revised Terms and Conditions of Use.
/ Patient Portal Registration
You may not request or open a Patient Portal account for any person other than yourself. By accepting these Terms and Conditions of Use, you represent and warrant that you are authorized to open this Patient Portal account and that you do so solely on your own behalf (you may not allow any other person or entity to use your account for posting or viewing comments). You must provide us with your e-mail address in order to activate your Patient Portal account. You are responsible for updating your e-mail address and any and all personal information, including without limitation, relevant health information, related to your Patient Portal account in a timely and accurate manner.
DO NOT SHARE YOUR REGISTRATION OR SIGN-IN INFORMATION WITH ANYONE.
DO NOT SEND URGENT OR EMERGENCY MESSAGES USING THE PATIENT PORTAL. IN CASE OF AN EMERGENCY YOU SHOULD CALL 911. IF THE SITUATION IS NOT AN EMERGENCY BUT YOU NEED A PROMPT RESPONSE PLEASE CALL MEDIPORTAL DIRECTLY AT 1-800-285-9177.
Cancellation of Patient Portal Registration
Either you or MediPortal may discontinue your use of the Patient Portal at any time and for any reason. If you wish to discontinue your use of the Patient Portal, please contact MediPortal directly at 1-800-285-9177.Technical Requirements
The Patient Portal requires that you have access to an internet browser with sufficient encryption standards that is configured to accept cookies. You must have internet access, a valid e-mail account with the ability to receive and read e-mail messages. You may also require additional software to access certain services or information.Access to Patient Portal, Site and App
You will not be able to access the Patient Portal or App without registering your information with MediPortal. However, you will be able to access our Site without having to register any details with us.
MediPortal allows you to transfer your personal health information from your interactions with your health care providers to the Patient Portal. Once you have transferred this information to your personal account, the use and disclosure of your personal and medical information from the Patient Portal to third parties is governed by state and federal regulations.
Posting of information to your Patient Portal account is done at the sole discretion of MediPortal, including the posting of any messages sent or received via Patient Portal to your electronic medical record. You agree not to upload or transmit any communications or content of any kind that infringes or violates any rights of any party. You agree not to post materials that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person entity, as determined in MediPortal’s sole discretion. You agree to adhere to the restrictions set forth in the “User Conduct” section below.Use of Patient Portal, Site, App and Content
Our Patient Portal, Site, App, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other materials provided and the collection and compilation and assembly thereof are the exclusive property of MediPortal, and are protected by U.S. and international copyright laws.
You may not: (a) reproduce, modify, transmit, republish, resell, sublicense, rent, lease or otherwise publicly distribute any MediPortal information or content contained on our Site, in our App or in the Patient Portal, without MediPortal’s prior written consent, which consent may be given or withheld in Mediportal’s sole discretion; (b) use your access to the Patient Portal or MediPortal’s information, services, database or system to export or re-export technical data in violation of U.S. export control laws and regulations; or (c) use the Patient Portal, Site, App or any MediPortal information or content in violation of any federal or state law, including data privacy laws and communication regulations and tariffs. You may not copy or adapt the HTML or other code that MediPortal, Patient Portal, Site or App uses to generate its pages.
Any other trademarks or service marks appearing in the Patient Portal, or on the Site or in the App, are the property of their respective owners. “Common Well Health Alliance” and the CommonWell log are licensed trademarks of CommonWell Health Alliance in the U.S. and other jurisdictions. To the extent any product name or logo does not appear with a trademark does not constitute a waiver of any kind and all intellectual property rights of that company, or its businesses, has established in any of its products, website, applications, features or service names or logos.Patient Portal, Site and App Uptime
We take all reasonable steps to ensure that our Patient Portal, Site and App are available 24 hours every day, 365 days per year. However, websites and mobile applications do sometimes encounter downtime due to server and other technical issues. Therefore, we are not liable if the Patient Portal, Site or App are unavailable at any time.
Our Patient Portal, Site or App may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obligated to do so.User Conduct
You are prohibited from violating or attempting to violate the security of mymediportal.com or the Patient Portal, Site or App, and from using any of them to violate the security of other websites or applications by any method, including, without limitation: (a) accessing data not intended for you; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Patient Portal, Site, App, host or network, including, without limitation, via means of submitting a virus to the web site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any MediPortal or Patient Portal packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. MediPortal may investigate violations of these Terms and Conditions of Use and may involve and cooperate with law enforcement authorities in prosecuting users of the Patient Portal, Site and/or App who are involved in such violations.
You are responsible for taking steps to protect yourself from unauthorized use of online communications, including without limitation, keeping your password confidential. MediPortal is not responsible for breaches of confidentiality or security caused by you or an independent third party. You expressly assume the risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption, or corruption of data or other information transmitted in connection with your use of the Patient Portal, Site, App or any service related thereto.
You may not use the Patient Portal, Site or App to post or send any illicit or offensive materials, or content for which you have not obtained all necessary consents, content that is discriminatory, obscene, pornographic, defamatory, likely to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to civil liability, or otherwise is contrary to the law in any applicable jurisdiction where the Patient Portal, Site or App are begin used, and hereby assume any and all risk associated therewith. We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting materials to our Patient Portal, Site or App in breach of these terms.
You shall not use the Patient Portal, Site or App while distracted or preoccupied, such as when operating a motor vehicle. You should access the Patient Portal, Site and App only with due regard for your own safety and the safety of others.
YOU UNDERSTAND THAT THE PATIENT PORTAL WILL ALLOW YOU ACCESS TO CLINICAL AND OTHER PROTECTED HEALTH INFORMATION PERTAINING TO YOU. YOU ARE SOLELY RESPONSIBLE FOR ANY SHARING OF ANY SUCH CONTENT, WHETHER YOU COMMUNICATE SUCH INFORMATION TO OTHERS INTENTIONALLY OR UNINTENTIONALLY.Links to Third Party Websites and Applications
You may sometimes be linked to third party websites or applications. MediPortal is not responsible for the information or materials contained on any third party websites or applications, or on websites that provide links to mymediportal.com or Patient Portal. Links from either are provided for convenience only and are not intended as an endorsement by MediPortal of any individual operating the third party website or application or a warranty of any type regarding either the third party website or application, or the information on the third party web site or application. MediPortal shall not be liable, 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 content products or services available on or through such third party websites or applications.MEDICAL INFORMATION DISCLAIMER
YOU ACKNOWLEDGE THAT THE INFORMATION IN THE PATIENT PORTAL IS PROVIDED “AS IS” FOR GENERAL INFORMATION ONLY AND IT IS NOT INTENDED, OR TO BE CONSTRUED, AS MEDICAL ADVICE, DIAGNOSIS AND TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS.DISCLAIMERS
All information in our Patient Portal, Site and App are furnished for your knowledge and understanding and as an informational resource only. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Patient Portal, Site or App or reliance on information from any of these.
MEDIPORTAL PROVIDES ALL INFORMATION ON THE PATIENT PORTAL, SITE, AND APP “AS IS” WITH ALL FAULTS AND MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PROGRAMS, PRODUCTS, OR SERVICES, OR OTHER MATERIAL PROVIDED, OR OF RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MEDIPORTAL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
You acknowledge that you understand and assume full responsibility for the risks associated the use of the Patient Portal, Site and/or App, and your use of the same, as well as the services provided, is at your sole risk. MediPortal is not liable to you, or any third party, for any decision made or action taken by your or anyone third party based on information contained in the Patient Portal, on the Site, in the App, or provided through related services; or, due to reliance upon information contained on the site or provided through the services.
By submitting a telephone number to MediPortal through the Patient Portal, Site or App, you agree that a representative of MediPortal can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not is an obligation to receive any of our products and/or services.LIMITATION OF LIABILITY
YOUR USE OF THE PATIENT PORTAL, SITE AND APP ARE ENTIRELY AT YOUR OWN RISK. IN NO EVENT WILL MEDIPORTAL OR ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, SPONSORS AND AGENTS BE LIABLE TO YOU, ANYONE CLAIMING BY THROUGH OR UNDER YOU, OR ANYONE ELSE FOR (I) ANY DECISION OR ACTION TAKEN, OR NOT TAKEN, IN RELIANCE UPON THE INFORMATION CONTAINED OR PROVIDED, (II) CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS PATIENT PORTAL, SITE, APP OR THE INFORMATION CONTAINED THEREIN, (III) USE OR DISCLOSURE OF YOUR PERSONAL OR MEDICAL INFORMATION, (VI) YOUR USE OR INABILITY TO USE THE PATIENT PORTAL, SITE, OR APP CAUSED BY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, OR ANY FAILURE OF PERFORMANCE, OR (V) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, POSSIBLE HEALTH SIDE EFFECTS, LOSS OF REVENUES, PROFITS OR SAVINGS, EVEN IF MEDIPORTAL KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, DEMANDS OR ACTIONS.
MediPortal will not be liable to you or anyone else for any loss resulting from a cause over which MediPortal does not have direct control, including without limitation, failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government.
While every effort is made to ensure that all content provided to you through the Patient Portal, Site and App does not contain viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for viruses or otherwise protect your computer and/or device and you should ensure that you have a complete and current backup of the applicable items on your computer or device. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Patient Portal, Site or App. While every effort is made to ensure smooth and continuous operation, we do not warrant the Patient Portal, Site, or App will operate error free.INDEMNIFICATION
As a condition of your use of the Patient Portal, Site and App, you agree to indemnify and hold MediPortal, its officers, directors, shareholders, employees, agents, successors and assigns, harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Patient Portal, Site and/or App, or from the violation of these Terms and Conditions of Use.Assignment
These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you.Governing Law
We make no representations that the content, Patient Portal, Site or App are appropriate or may be used or downloaded outside of the United States. Access to the Patient Portal, Site and App may not be legal in certain countries outside of the United States. If you access the Patient Portal, Site or App from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction form which you access the Patient Portal, Site or App.
Our Patient Portal, Site and App are created and controlled by the laws of the State of New York, United States of America. THESE TERMS AND CONDITIONS OF USE, AND YOUR USE AND ACCESS TO THE PATIENT PORTAL, SITE AND/OR APP ARE GOVERNED BY THE LAWS OF NEW YORK, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. JURISDICTION AND VENUE FOR ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT SHALL BE IN APPLICABLE IN NEW YORK.
Our Patient Portal, Site and App are subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or important any data from our Patient Portal, Site or App, as may be required.General Provisions
Please contact MediPortal at firstname.lastname@example.org, by 1-800-285-9177, or at 330 Madison Ave 6th Floor New York, NY 10017, if you have any questions, comments, or concerns regarding these Terms and Conditions of Use.