MDFLOW USER PORTAL SERVICE AGREEMENT
TO USE THE MDFLOW
USER PORTAL (the “Portal”) YOU MUST ACCEPT THE TERMS AND CONDITIONS SET
FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO
NOT USE THE PORTAL. Please read the Terms and Conditions of this Agreement carefully before
using the Portal Website.
The Portal is an internet service that
provides a secure, private channel for You to access Your
healthcare information online and communicate with Your healthcare providers.
The Terms and Conditions of the Portal Agreement
govern the relationship between the MDFLOW EHR,
LLC (“MDFLOW”) Patient Portal and You, the Site visitor (“You” or “Your”),
with respect to Your use of the Portal. Your use of the Portal is Your agreement and acceptance of the Terms and Conditions
contained in this Agreement. By using the Portal, You further represent and
warrant that You are at least 18 years of age, or
legally emancipated, and that You are requesting access to the Portal. You acknowledge
that Portal access is offered to You upon the condition that You will comply
with the Terms and Conditions of this Agreement and that MDFLOW may limit or
discontinue Your use of the Portal, without prior notice, at any time should You
fail to comply with these Terms and Conditions or if MDFLOW determines to limit
or discontinue the Portal.
I.
MINIMUM REQUIREMENTS AND SECURITY
The Portal website uses encryption
software. In order to use the Portal, You must have the following:
· A personal
computer equipped with an Internet browser that has 256-bit encryption enabled and configured to accept cookies
(e.g., Internet Explorer 7 or 8, Safari, or Firefox);
· Internet
access, a valid email account, software to receive and read email messages, and
spam filters set to accept email from our domain; and
· Adobe Reader
installed.
MDFLOW
utilizes reasonable and current security methods to prevent unauthorized
access, maintain data accuracy, and ensure correct use of information. Your
account information and profile are password-protected. However, no system can guard against all risk of
intentional intrusion or inadvertent disclosure of information. When using the Portal,
information may be transmitted over media that are beyond the control of MDFLOW.
For example, You may receive email, text, or telephone communications in
connection with Your use of the Portal, all of which are inherently unsecure
and subject to disclosure to or access by third parties (e.g., if Your phone is
used by someone else, You do not keep Your phone or email information up to
date on the Portal and communications are misdirected, or the network or
systems of a telecommunications provider are hacked). Furthermore, electronic
services are all inherently subject to failure and MDFLOW cannot guarantee that
Portal services will be provided without error or interruption at all times
that You may wish to use those services. YOU HEREBY 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 THE USE OF ANY SERVICE RELATED TO USE OF THE PORTAL. Once
information is received by us, Your medical
information or Protected Health Information under HIPAA will be treated as
confidential and used or disclosed only as permitted by law.
II.
SECURITY,
CONFIDENTIALITY, AND USAGE GUIDELINES FOR PORTAL
YOU MUST NOT
SEND ANY MESSAGES REQUIRING URGENT ATTENTION USING THE PORTAL. Doing so may
create a delay in Your receiving necessary medical
treatment and could result in loss of life, permanent injury, or significant
deterioration in Your health. If You believe that You
have an urgent medical matter, You should call 911 immediately or proceed to
the nearest emergency room.
FOR ALL MEDICAL
EMERGENCIES, IMMEDIATELY CALL 911
The MDFLOW Portal is only designed as a
secure Internet-based environment through which You
may receive confidential medical information about Yourself. When You initially enroll to use the Portal, You will need to
confirm Your identity via two unique workflows, as well as establish an email
and a confidential password for login credentials. Please DO NOT SHARE YOUR
PASSWORD with anyone. Anyone with access to Your
password will be able to view Your medical and financial information and
communicate with Your health providers as if that person were You. Thus, when You give someone Your password, You are authorizing that
person to access Your account, and You are responsible for all transactions
that person performs while using Your service. It is Your
responsibility to prevent disclosure of Your password and to change Your
password if You feel that Your security has been compromised. If You believe that Your password has become known to an
unauthorized person and want verification of any changes that may have been
made to Your account, please contact Your healthcare provider office for
assistance. You can change Your password in the Portal
at any time by clicking the "Check Password" tab.
MDFLOW secures personal information
from unauthorized access, use or disclosure. The personally identifiable
information You provide is maintained by us on
computer servers in a controlled, secure environment, protected from
unauthorized access, use or disclosure. When personal information is
transmitted from Your PC and / or mobile devices to the Portal, it is protected
through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
As a user of the Portal You hereby agree that You are solely liable for
viruses, worms, Trojan horses, cancel bots, and other electronic mechanisms
designed to destroy or impair the functioning of computer systems already
residing on Your PC and / or mobile devices.
When You use
the Portal, we collect personally identifiable information, such as Your email
address, name, home address, telephone number, ZIP code, age, gender, contact
preferences, access times, and account activity. This information is used by MDFLOW
for the operation of the service, to maintain quality of the service, and to
provide general statistics regarding use of the Portal. We may share data with
business associates working on our behalf to help us perform statistical
analysis.
Cookies are used for system performance
functionality. You have the ability to accept or decline cookies. Most Web
browsers automatically accept cookies, but You can
usually modify Your browser setting to decline cookies if You prefer. If You choose to decline cookies, You may not be able to fully
experience the interactive features of the Portal.
III. HOW MDFLOW PROTECTS YOUR PERSONAL
HEALTH INFORMATION
MDFLOW considers the privacy of Your health information to be one of the most important
elements in our relationship with You and one we take very seriously. We are committed to protecting the privacy of
Your information in the Portal, and will only collect
and use the information to maintain and enhance the quality of the service.
All communications between You and Your health care providers using the Portal are
carried over a secure encrypted connection. While You
may receive email or text (SMS) messages notifying You of new messages in the Portal
Inbox, these emails and text message will not contain any personal health
information. It is Your responsibility to login into Your
Portal account and read the messages promptly.
IV. YOUR RESPONSIBILITIES
MDFLOW reserves the right to change the
Terms and Conditions, and notices under which the Portal is offered. By
accessing or using the Portal, You further agree that any and all such
modifications are effective and binding upon You
immediately upon posting of the modified version. We reserve the right in the
future to charge a fee for the use of the Portal. You will be notified in
advance of any such change and asked to re-apply if You
agree to the fee and wish to continue with the Portal
You understand that the Portal provides
You with online access to some of Your healthcare
information. You are solely responsible for any sharing of the Portal contents
that You intentionally or unintentionally communicate
to others.
V. MDFLOW
PORTAL MESSAGING
By using the MDFLOW Portal, You
acknowledge and agree that this messaging service is intended to facilitate
dialogue regarding personal health matters. You agree not to use the Portal to
post or send or post any illicit or offensive material.
You understand that messages You send to Your healthcare providers will be routed to the
appropriate department as necessary for handling, and that therefore Your
healthcare provider’s employees, other than Your physician, nurse practitioner,
or physician's assistant, may be involved in addressing Your request. Therefore, use of the Portal may not be
appropriate if there is sensitive information that You
want to discuss directly with Your healthcare provider.
You understand that Your
health care team may send You messages, test results, and other communications
via the Portal, as authorized in the sole discretion of Your physician. These
messages may contain information important to Your
health and medical care. It is Your responsibility to
monitor these messages. By entering Your valid and
functional email address at registration, You have enabled us to notify You of
messages sent to Your Portal Inbox.
VI. DISCONTINUING USE OF THE MDFLOW PORTAL
MDFLOW reserves the right, at its sole
discretion, to limit or discontinue Your use of the Portal
at any time, without prior notice, for any reason, including but not limited
to, Your use of the Portal on behalf of another person.
You may discontinue Your
use of the Portal at any time be sending a secure message to Your healthcare
provider’s office requesting this change.
VII. YOUR CLINICAL INFORMATION
As Your healthcare provider provides Your
health care, they are required to maintain documentation of Your medical
history, current Conditions, treatment plan, and all treatments given,
including the results of all tests, procedures, and therapies. The Portal is an
Internet application that enables a patient to have secure web-based access to
personal healthcare information, as released by the treating physician, and
allows secure electronic messaging with Your healthcare provider’s office. By
using the Portal, You understand that not all of Your medical
record will be accessible through the Portal account. Posting of information to
Your the Portal account is at the sole discretion of Your
healthcare provider’s office.
Messages You send or receive via the Portal
may become part of Your permanent medical record at
the sole discretion of Your healthcare provider’s office. If such messages are
made part of Your permanent medical record, they will
be accessible to Your current and future healthcare providers and staff who are
involved with Your care.
VIII. COPYRIGHT AND TRADEMARKS
All content included in the Portal
including, but not limited to, text, photographs, graphics, button icons,
images, artwork, names, logos, trademarks, service marks, and data
("Content"), in any form, are protected by U.S. and international
copyright and trademark law and conventions, and no right, title, or interest
is granted to You in or to any Content other than the right to use such content
in connection with Your use of the Portal. Reproduction of any Content, in
whole or in part, by any means, is prohibited without our express written
consent.
IX. ACCESS AND LICENSES
MDFLOW grants to You
a non-assignable, non-sublicensable, terminable,
limited license to make personal use of the Portal, and the associated services
in accordance with these Terms and Conditions. This license expressly excludes,
without limitation, any reproduction, duplication, sale, resale, or other
commercial use of the Portal, or any of the associated services; making any
derivative use of the Portal, or any of the associated services; and the
collection and use of user email addresses or other user information
(including, without limitation, health information or any data extraction or
data mining whatsoever).
Failure to comply with any of the Terms
and Conditions contained herein may result in revocation of Your
license and cancellation of Your Portal account, including the right to access
information through the Portal. We reserve the right to report violations of
law to appropriate law enforcement agencies and to pursue all other rights and
remedies available to it under civil or criminal law.
X. DISCLAIMER OF
WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. MDFLOW MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR
THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.
XI. NON-WAIVER PROVISION
The
failure of MDFLOW to insist in any one or more instances upon the strict
performance of any of the Terms and Conditions of this Agreement shall not be
construed as a waiver or relinquishment of the future performance of any such
provisions, which shall continue in full force and effect.
XII.
SEVERABILITY; ENTIRE AGREEMENT
If
any provision in this Agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining provisions shall continue in
full force and effect without being impaired or invalidated in any way. This
Agreement supersedes any and all other agreements, either oral or in writing,
between You and MDFLOW. This Agreement contains the
entire agreement of You and MDFLOW.
XIII.
GOVERNING LAW; CHOICE OF FORUM; LIMITATION
OF ACTIONS; AND WAIVER OF TRIAL BY JURY
You
and MDFLOW agree that this Agreement shall be governed by the laws of the State
of Florida, where any action for enforcement or interpretation of this
Agreement shall be filed to the exclusion of any other state or jurisdiction. You
and MDFLOW agree that any action to enforce or interpret this Agreement shall
be brought in Miami-Dade County, Florida, to the exclusion of any other
jurisdiction. You and MDFLOW agree that no action shall be commenced or
maintained, regardless of form, arising from or pertaining to this Agreement,
unless commenced within 1 year of the accrual of the cause of action. You and MDFLOW
waive any right to trial by jury.
XIV. CAPTIONS
Paragraph
and sub-paragraph captions have been used throughout this Agreement for
convenience and reference only and are not intended to and shall not be used in
any manner whatsoever in the construction or interpretation of this Agreement
or any provisions hereof.