CHIEF LEGAL OFFICER
Santana Topaz, JD, MPP, Contact Person for Legal Affairs
[email protected]
p: 3833 / 50056
Terms of Service
- Last Updated: January 28, 2024
These Terms of Service (“Terms”) apply to your personal use of the service you are currently using and the technology supporting the service (collectively the “Online Services,” "Website," "Forum," "Online Portal"). We (“we,” " “us,” or “our” or even "PHMC" or "Pillbox Hill Medical Center") make the Online Services available to you (sometimes referred to as “user,” or “your”) in exchange for your agreement with all of the terms and conditions below.
THIS IS A BINDING CONTRACT BETWEEN YOU AND US. PLEASE READ THESE TERMS CAREFULLY. IMPORTANT NOTICE: YOUR USE OF THE ONLINE SERVICES IS SUBJECT TO AN ARBITRATION PROVISION OUTLINED BELOW, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
1. Acceptance of Terms
By accessing or using the Online Services in any manner, YOU ACCEPT THESE TERMS. THESE TERMS INCLUDE ALL INFORMATION, NOTICES, AND POLICIES (INCLUDING THE INTERNET PRIVACY NOTICE AND, IF YOU ARE A PATIENT, THE HIPAA NOTICE OF PRIVACY PRACTICES) AND ANY SUPPLEMENTAL TERMS THAT ARE HYPERLINKED WITHIN THE ONLINE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE ONLINE SERVICES. Your access or use of the Online Services binds you to the Terms. In the event of termination of any Online Service, you agree to continue to be bound by the obligations set forth under the Terms.
2. Emergency or Urgent Matters
IN THE EVENT YOU EXPERIENCE AN EMERGENCY, GO TO THE EMERGENCY ROOM OF A LOCAL HOSPITAL OR DIAL 911 IMMEDIATELY. The Online Services are not a substitute for appropriate and timely contact with a health care provider. Do not use the Online Services for emergency or urgent communications with any healthcare provider.
3. No Medical Advice
The Online Services provide health-related information and resources, and not medical advice. EXCEPT WHEN YOU RECEIVE DIRECT COMMUNICATION FROM YOUR HEALTHCARE PROVIDER OR ONE OF OUR LICENSED PHYSICIANS, AND THE COMMUNICATION CONCERNS A PARTICULAR HEALTH CONDITION YOU MAY HAVE, INCLUDING DIAGNOSIS OR TREATMENT, YOU AGREE THAT THE ONLINE SERVICES DO NOT CONSTITUTE MEDICAL ADVICE. NEVER DISREGARD THE ADVICE OF YOUR HEALTH CARE PROVIDER OR DELAY SEEKING ADVICE BECAUSE OF SOMETHING YOU READ ON THE ONLINE SERVICES.
You are responsible for evaluating specific health care providers, treatments, information, content, products, and services that may be available on the Online Services. WE DO NOT MAKE ANY GUARANTEE ABOUT THE RELATIONSHIP BETWEEN YOU AND US OR ANY HEALTH CARE PROVIDER, OR WHETHER ANY INFORMATION, PRODUCTS, OR SERVICES YOU FIND ON THE ONLINE SERVICES WILL HELP YOU ACHIEVE THE RESULT(S) YOU WANT.
4. Your Right to Access the Online Services
We grant you a limited, revocable, non-transferable, and non-exclusive right to access and use the Online Services for your personal use only. We may terminate, in our sole discretion, your right to use the Online Services if you use the Online Services in excess of this limited right. We do not guarantee the accuracy of the Online Services. We retain the right to revoke this right or disable or deny access to our Online Services to any user for any reason.
5. Your Account
If you create an account within the Online Services, you are the only person authorized to access and use your account (“Your Account”). You will not give your username, password, or other account information to any other individual(s). You must immediately notify us of any suspected or known unauthorized use of Your Account or any potential security incident, including, an unauthorized disclosure of your password. YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON YOUR ACCOUNT. You agree that it is a privilege to create Your Account and that we may revoke or deactivate Your Account, upon our sole discretion, at any time without notice. Our staff will never ask you for your account information. If you require help re-activating your account, reach out to us.
To promote your interests and improve your overall experience with the Online Services, you may submit content to us, your healthcare provider, or a caregiver by posting messages, requesting an appointment, filling out forms, creating or modifying a home page, chatting, uploading files, inputting data, or transmitting e-mail through Your Account. When you submit content to us you provide us and our service providers an unrestricted, perpetual, worldwide license to use your content in any manner. We may translate, adapt, communicate, publish, publicly perform, publicly display, transmit and distribute your content. You warrant and represent you have the necessary rights to grant us and our service providers a license to your content. This license continues even if you stop using the Online Services.
6. Medical Records Release
In some instances, to improve your experience with the Online Services, you may have the ability to access certain of your medical information, maintained by your healthcare provider or one of our licensed physicians, through the Online Services. If you are an adult with legal capacity, you may request that we provide another adult access to your medical information through the Online Services, i.e. “Medical Records Release.” Additionally, we may, upon written request, provide a parent, legal guardian, or legal personal representative access to the medical information of their minor child or incompetent adult. However, due to applicable laws, depending on the age of the minor child, access to a minor child’s medical information may be limited or require the minor child’s consent. To request or grant access, you should fill out the request on our Online Services. Additional fees can arise.
7. Prohibited Use
You agree that you will not use the Online Services to:
1. Delete, hack, or attempt to change or alter our content or notices;
2. Use any device, software to damage or interfere with the Online Services, servers, or networks connected to the Online Services;
3. Use any automatic or manual device or process to harvest or compile information from the Online Services;
4. Copy, modify, create derivative works, reverse engineer, decompile, or disassemble the source code upon which the Online Services are based;
5. Introduce any malicious software, viruses, bugs, or malware into the Online Services designed to harm the Online Services;
6. Use our content in any manner that misappropriates or infringes the ownership and other rights of another individual;
7. Attempt to gain unauthorized access to another individual’s personal information, non-personal information, or PHI;
8. Post, upload, or transmit photos or videos of another individual without express, written permission from the individual;
9. Send junk mail, unauthorized e-mail, or advertisements;
10. Encourage any illegal activities or post obscene, defamatory, threatening, abusive, or hateful content directed at another individual; and
8. How We Assure Your Privacy
Your privacy is very important to PHMC. We do not allow access to your health information by those outside of Pillbox Hill Medical Center unless we have the appropriate authorization to do so. We're also committed to safeguarding your personal information online.
Our workforce members are trained in the appropriate use and disclosure of health information and know that it is available to continue to provide care to you and for other legitimate purposes. We address any violation of confidentiality or failure of a workforce member to protect your information from accidental or unauthorized access.
9. Violate any applicable laws or regulations.
As mentioned above in Section 5 (Your Account), to maintain security and privacy of the Online Services, we may, in our sole discretion, modify, suspend, terminate, or close Your Account, or stop providing you access to the Online Services, for any reason, including, the use of Your Account in any fraudulent, abusive, or other illegal manner as well as committing any prohibited use listed above in Section 7 (Prohibited Use).
We will not be liable to you or any other individual for the deactivation of Your Account or the suspension of the Online Services. You are responsible for making sure your information is properly backed up. We do not export any content or information during your use of the Online Services, or provide any content or information to you when we close Your Account.
10. Disclaimer of Warranties
WE PROVIDE THE ONLINE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE TO YOU THROUGH THE ONLINE SERVICES (INCLUDING HYPERLINKED WEBSITES), ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR ANY THIRD PARTY, INCLUDING OUR SERVICE PROVIDERS, MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF OR THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THE ONLINE SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE CONTAINED IN THE ONLINE SERVICES SHALL CREATE A WARRANTY NOR INCREASE THE SCOPE OF THIS WARRANTY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW.
11. Limitation of Liability
THIS SECTION LIMITS OUR LIABILITY TO YOU.
IN NO EVENT AND UNDER NO CIRCUMSTANCES WHATSOEVER SHALL WE OR ANY OF OUR SPONSORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS OR ANY OTHER RELATED PERSONS OR ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE ONLINE SERVICES, ITS RELATED SERVICES AND PRODUCTS, CONTENT CONTAINED WITHIN THE ONLINE SERVICES AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE ONLINE SERVICES, ITS RELATED SERVICES AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE ONLINE SERVICES AND/OR THOSE SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW.
12. Notices
You may send us any questions, concerns, or relevant notices to the contact information provided above. You agree to receive all communications from us by e-mail. You are responsible for providing us with up-to-date contact information, which you may do by updating Your Account or sending a message to us. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records. We may update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we may notify individuals by email to their registered email address, by prominent posting on our Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided. We encourage you to review this Privacy Notice frequently to be informed of how we are processing your information.
