MONTEFIORE MYCHART PATIENT TERMS OF USE

1. Terms of Use. The Montefiore MyChart (“MyChart”) services are offered to you under, and you agree to be bound by, the terms and conditions of this Terms of Use. The MyChart services are only available to users that have an existing patient-healthcare provider relationship with a physician or other healthcare provider that is a subscriber to the MyChart services (“Provider”). We will notify your Provider that you have agreed to these Terms of Use. We reserve the right to update or change these Terms of Use at any time and for any reason by posting modified Terms of Use. Your continued use constitutes your agreement to be bound by any such revisions and you should therefore periodically visit this page of the website and print the latest version of the Terms of Use for your records. The date of the last update to these Terms of Use is stated at the top of this document.

Please read this Agreement carefully. It is a legally binding contract. By clicking "I Agree" below and accessing or using the MyChart services, you agree to be bound by the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you are not authorized to access or use the MyChart services and/or any of its components.

For purposes of this Terms of Use, the term "Montefiore Payor" shall mean a healthcare insurer or other entity that reimburses Providers for web-visits provided in accordance with the Montefiore Payor’s criteria.

2. Use of Services.

NOT FOR EMERGENCIES. The MyChart services are not for use for medical emergencies or urgent situations. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Medical Disclaimers. If you have granted your Provider access to your personal MyChart Health Record, unless you and your Provider have agreed otherwise, you should not assume that your Provider is actively reviewing it for changes and you should actively communicate any changes that concern you to your Provider. If you are experiencing an emergent or urgent condition, you should contact your local emergency services immediately.

Prescriptions. You agree that any prescriptions that you acquire through the MyChart services shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact your Provider if you have any questions regarding the prescription.

Educational Resources. Your Provider may send you information regarding common medical and health related topics or preventive care messages containing specific medical and health related information, links to other related web sites and specific questions related to your personal MyChart Health Record. Additionally, Montefiore Health Systems may make available self-care informational services which provide general medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment. The information contained in these communications and resources is compiled from a variety of sources and should not be considered authored by Montefiore Health Systems.

Referrals. Your Provider may send a referral message and/or refer you as a patient to another provider. This referral message may contain personally identifiable health information about you. Your Provider is solely responsible for obtaining any required consents for disclosing this information. You must inform your Provider if you do not wish to be the subject of a referral message.

Your Account. You represent and warrant that you are at least eighteen years of age and that you possess the legal right and ability to enter into this Terms of Use, register on the MyChart services under your own name and to use the MyChart services in accordance with this Terms of Use and abide by the obligations hereunder. You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and immediately notify Montefiore Health Systems of any unauthorized use of your password or other security concerns of which you become aware.

Intellectual Property. Montefiore Health Systems hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the MyChart web site and to use the software to the extent necessary to use the MyChart services solely for your personal, noncommercial use. With the exception of your MyChart personal health Record, Montefiore Health Systems retains all right, title and interest in and to Montefiore Health Systems, the MyChart services and any content, products, documentation, software or other materials on the MyChart web site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing. The information available through the MyChart services is the property of Montefiore Health Systems or its licensors and is protected by United States copyright, trademark, and other intellectual property laws. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by Montefiore Health Systems or its licensors received through the MyChart services to anyone, including but not limited to others in your organization. Any copy made of information obtained through the MyChart site must include the copyright notice. Use, reproduction, copying, or redistribution of Montefiore Health Systems’s logos is strictly prohibited without written permission from Montefiore Health Systems. For additional information concerning Montefiore Health Systems’s intellectual property rights, see Intellectual Property under the Legal Notices section of this site, the terms of which are incorporated herein by reference.

3. Legal Notices and Disclaimers.

General Disclaimers. YOU ACKNOWLEDGE THAT YOUR USE OF THE MONTEFIOREMYCHAT SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW Montefiore Health Systems AND ITS AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, Montefiore Health Systems AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE MYCHART PRODUCTS AND SERVICES PROVIDED HEREUNDER.

Montefiore Health Systems MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE MYCHART SERVICES.

4. Privacy. Montefiore Health Systems respects your privacy and takes privacy very seriously. By accepting this Terms of Use, you consent to the use and disclosure of personally identifiable information provided to us, including the use of “cookies.”

MyChart Personal Health Record. Your personal MyChart Record is created to store your personal health information online, including health conditions, allergies and medications. Any information provided as part of a web-visit becomes part of your MyChart Health Record. You agree to provide accurate information for your personal MyChart Health Record, to periodically review such information and to update such information as needed. For additional information regarding use of your personal MyChart Health Record, please see our Privacy Policy. In certain circumstances, Montefiore Health Systems may provide certain information to your health plan, insurance company, or a health information exchange (“HIE”) regarding your use of MyChart services if such entity represents it has obtained any required consents. You authorize Montefiore Health Systems to rely upon such representations. If your Provider is a member of a HIE, Montefiore Health Systems may share your personal MyChart Health Record with other providers in the HIE responsible for your care unless your Provider has indicated that you have not consented to such sharing. It is your responsibility to confirm any third party information in your personal MyChart Health Record. You may authorize another person (such as a family member) to access your personal MyChart health Record and access shall be granted upon verification by your Provider, and after you sign an authorization granting access, which will be provided to you by Montefiore. This authorization may be terminated at any time by notifying your Provider and having your Provider notify Montefiore Health Systems. You acknowledge and agree that, unless you have a written agreement with your Provider to the contrary, your Provider will not be (a) reviewing your personal MyChart Health Record for accuracy or completeness; or (b) relying on your personal MyChart Health Record in connection with making treatment decisions. If your Provider is a member of a group, you acknowledge and agree that, to the extent authorized by your Provider, all members of the group may access your personal MyChart Health Record and respond to your inquiries or provide services to you via MyChart.

5. General Legal Provisions.

Third Party Sites. Although MyChart may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link does not imply endorsement of the linked site by Montefiore Health Systems. Montefiore Health Systems takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. Nor does Montefiore Health Systems take responsibility for the privacy policies and practices of these third-party links.

Operation and Record Retention. Montefiore Health Systems reserves complete and sole discretion with respect to the operation of the MyChart services. Montefiore Health Systems may, among other things withdraw, suspend or discontinue any functionality or feature of the MyChart services. Montefiore Health Systems is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. Montefiore Health Systems is not responsible for maintaining data arising from use of the MyChart services. Montefiore Health Systems reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the MyChart service pursuant to its internal record retention and/or destruction policies.

Limitations on Use. You agree not to access or use the MyChart services in an unlawful way or for any unlawful purpose. You shall send messages to other parties solely for healthcare related professional communication and no other purposes, including commercial purposes, or for mass distributions of unsolicited messages. You agree not to post or transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of Montefiore Health Systems or any of its users. You also agree not to share your password or login credentials with anyone else. Montefiore Health Systems reserves the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Montefiore Health Systems, MONTEFIORE PAYORS AND THEIR RESPECTIVE AFFILIATES FROM AND AGAINST ALL LOSSES, LIABILITY, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RELATED TO ANY BREACH OF THIS TERMS OF USE, YOUR RELATIONSHIP WITH YOUR PROVIDER, ANY NEGLIGENT OR WRONGFUL ACTION OR OMISSION BY YOU RELATED TO YOUR USE OF SERVICES THROUGH Montefiore Health Systems, OR ANY NEGLIGENT OR WRONGFUL USE OF THE MYCHART SERVICES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING YOUR ACCOUNT.

Third Party Rights. The indemnification provisions set forth above and the provisions under Section 3 Legal Notices and Disclaimers are for the benefit of Montefiore Health Systems, Montefiore Payor’s and their respective affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Term and Termination. This Terms of Use shall commence upon the date you first access or use the MyChart services and/or complete the registration process. Either you or Montefiore Health Systems may terminate this Terms of Use and your right to use the MyChart services at any time, with or without cause, and that termination may be communicated to your Provider. In the event that the relationship between Montefiore Health Systems and your Provider is terminated, Montefiore Health Systems may communicate that to you. This Terms of Use and the licenses granted hereunder shall terminate without notice in the event you (or any authorized person using your account) fail to comply with the terms and conditions of this Terms of Use, or the rules for use of the MyChart service promulgated by Montefiore Health Systems from time to time. Upon any termination, you will destroy all copies of Montefiore Health Systems materials in your possession and cease any access to or use of the MyChart services.

Notice. Montefiore Health Systems may provide notice by e-mail to the e-mail address you provided Montefiore Health Systems during registration, by a general notice through the MyChart web site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the MyChart services account information. In the event that we must notify you regarding a potential unauthorized disclosure of your personal health information, we may do so via email. You may give notice to Montefiore Health Systems at any time via electronic mail to support@MyChart.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to Montefiore Health Systems, “ADDRESS” and “ATTN”: “NAME”

Severability. The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

Entire Agreement. This Terms of Use, together with any Montefiore Health Systems rules or policies referred to herein, represents the complete agreement between you and Montefiore Health Systems concerning the subject matter hereof, and it replaces all prior oral or written communications concerning such subject matter. Montefiore Health Systems may modify this Terms of Use as set forth above.

Assignment. You may not assign, transfer or delegate this Terms of Use or any part of it without Montefiore Health Systems's prior written consent. Montefiore Health Systems may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

Waiver. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

Governing Law. This Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law rules or principles. Any cause of action or claim you may have with respect to Montefiore Health Systems must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the MyChart services or web site.