terms | Mediportal

MEDIPORTAL, LLC ONLINE PORTAL TERMS AND CONDITIONS OF USE

TO USE THE MEDIPORTAL, LLC (“MEDIPORTAL”) ONLINE PORTAL (“PATIENT PORTAL”), YOU MUST ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU WILL NOT BE ABLE TO USE THE PATIENT PORTAL.

By using the Patient Portal you represent and warrant that you accept and agree to be bound by all of the terms and conditions contained herein and covenant to comply with these Terms and Conditions of Use.

MediPortal offers the Patient Portal to patients as a courtesy and MediPortal, in its sole discretion, may terminate your registration or access to the Patient Portal 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.

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. Any updates to these Terms and Conditions of Use will be posted on mymediportal.com and/or the Patient Portal, 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 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 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.

Cancellation of Patient Portal Registration

Either you or Patient Portal 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.

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.

Privacy

MediPortal is committed to maintaining the privacy of your information. Please refer to MediPortal’s Website Privacy Policy and Notice of Privacy Practices for information on our registration processes and how we protect your personal information. Acceptance of these Terms and Conditions of Use constitutes your consent to the terms and conditions set forth in such policies. All MediPortal generated medical records are subject to state and federal laws and regulations governing the security and confidentiality of medical records.

Use of Protected Health information

Patient Portal 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.

Any communication between you and MediPortal via the Patient Portal occurs via a secure, encrypted connection and is deposited into your MediPortal electronic medical record. You may receive e-mail notifications of new Patient Portal communications; these e-mails will not contain any person health information. You are responsible for timely reviewing such messages and you agree that MediPortal shall not be liable for any loss, injury, illness, damages, or claims of any kind resulting from your failure to timely read any Patient Portal generated messages.

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.

CONTENT USAGE

You may not: (a) resell, sublicense, rent, lease or otherwise publicly distribute any MediPortal information or content contained on our website or 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 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 Patient Portal 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 or Patient Portal uses to generate its pages.

You are prohibited from violating or attempting to violate the security of mymediportal.com or Patient Portal and from using either to violate the security of other websites 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 web site, 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 web site 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 c onfidential. 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 or any service related thereto.

You may not use Patient Portal to post or send any illicit or offensive materials, and hereby assume any and all risk associated therewith.

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

You may sometimes be linked to third party websites. MediPortal is not responsible for the information or materials contained on any third party web sites, or on web sites 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 WITHYOUR INDIVIDUAL MEDICAL NEEDS.

DISCLAIMER OF WARRANTY

MEDIPORTAL PROVIDES ALL INFORMATION ON THE PATIENT PORTAL “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 and your use of the Patient Portal services 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 on the site or provided through related services; or, due to reliance upon information contained on the site or provided through the services.

LIMITATION OF LIABILITY

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, (III) USE OR DISCLOSURE OF YOUR PERSONAL OR MEDICAL INFORMATION 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 THE 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

INDEMNIFICATION

As a condition of your use of the Patient Portal and mymediportal.com, 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, mymediportal.com, or from the violation of these Terms.

GOVERNING LAW

THESE TERMS AND CONDITIONS OF USE, AND YOUR USE AND ACCESS TO THE PATIENT PORTAL IS 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.

GENERAL PROVISIONS

You agree that these Terms and Conditions of Use, and any additional terms referenced herein, sets forth the entire understanding between you and MediPortal with respect to your use of the Patient Portal. You further agree that if any portion herein is held invalid, the balance shall continue in full force and effect. The foregoing release, indemnity, and limitation of liability shall be as broad and inclusive as is permitted by applicable law. These Terms and Conditions of Use inure to the benefit of MediPortal, its successors and assigns.

Please contact MediPortal at accounts@mediportal.com, by (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.