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.
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.