Your Personal Health Record - MyHealthArchive.Com

TERMS OF USE

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1. Conditions to Use. MyHealthArchive^TM is a module of the PatientCentral Suite^TM, both of which are owned by PatientCentral Technologies, LLC, a Texas limited liability company. For ease of understanding, the balance of this agreement will refer only to MyHealthArchive, sometimes abbreviated to MHA. A condition to your use of or subscription to this website, www.myhealtharchive.com is clicking “I accept the user agreement” on the the page. Doing so creates a legally binding agreement, both as to these terms and MyHealthArchive's privacy policy (the “Privacy Policy”). By accepting, you are also acknowledging that MHA may modify the agreement periodically, and that if you don’t unsubscribe after receiving an email notification of the modification, the modification will become part of the agreement. You represent to MHA that you do not suffer from any legal disability that would be a basis upon which it could be asserted that you could not be bound by the terms of this agreement. MHA disclaims any duty to inquire concerning such a disability.

2. Scope. MHA is not intended to be a substitute for professional medical advice, consultation, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice, or delay in seeking it because of something you have read on MHA. If you think you may have a medical emergency, call 911 or your doctor immediately!

3. Reliance on Content. The editorial content of MHA (in contrast to your personal health information), such as text, graphics, images, information obtained from MHA’s licensors, tools, applications, code and other material contained on MHA (the "Content") is for informational purposes only. MHA does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be displayed. Whether to rely on MHA, MHA employees, others appearing on MHA at our invitation, or other subscribers to MHA is solely your decision, based on your evaluation of the accuracy, quality, timeliness, completeness, or usefulness of the Content.

4. Procedures. MHA has established rules concerning usage, storage space, storage duration, file or email size or type, data transmission and other matters. These rules are viewable at https://secure.myhealthcarchive.com/signup MHA may terminate accounts that are inactive for an extended period of time. New features, tools or services that augment or enhance MHA will be subject to this Agreement. While MHA has endeavored to securely store your personal health information using multiple redundancies, we strongly recommend that you print out and store the data from time to time, giving a copy to a trusted person who would likely be aware of a circumstance where it would be needed. MHA reserves the right, at any time and from time to time, to modify or discontinue any part or all of this site, temporarily or permanently, with or without notice, and without refunding any part of a subscription fee.

5. Personal Data. Subscribers are provided access to tools for viewing, storage and transmission of personal health information, digital medical images and electronic medical records (the "Services"). By subscribing you agree to the electronic transmission and storage of, and access to, personal health information (including but not limited to, digital medical images and electronic medical records) by MHA and by any health care providers that you may authorize. You agree that notices, records, disclosures and other communications that MHA or your healthcare providers send or receive electronically satisfy all legal requirements that such communications shall be in writing.

6. Passwords. As a subscriber, you will receive USERNAME(s) and PASSWORD(s) upon completing the subscription process. You are responsible for maintaining the confidentiality of the USERNAME(s) and PASSWORD(s) and are fully responsible for all activities that occur through your password or account. You agree to (a) immediately notify MHA of any unauthorized use of your password or account or any other breach of security, (b) exit or log out at the end of each session, (c) provide true, accurate, current and complete information about yourself when initiating your subscription (the "Subscription Data"), and (d) maintain and promptly update the Subscription Data to keep it true, accurate, current and complete. If you provide any Subscription Data that is untrue, inaccurate, not current or incomplete, or MHA suspects that such Subscription Data is untrue, inaccurate, not current or incomplete, your subscription may, after email notice, be suspended or terminated, with or without an opportunity being provided to make corrections to the Subscription Data.

7. Responsibility for User Provided Content. The accuracy and use or misuse of all information, including but not limited to personally identifiable information, Subscription Data, personal health information, digital medical images, electronic medical records, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("User Provided Content"), is your sole responsibility. This means that you, and not MHA, are entirely responsible for all User Provided Content that you upload, download, post, email, transmit or otherwise make available or access through your log-in to MHA. While MHA takes some precautions to audit User Provided Content, we disclaim any duty to approve or disapprove any User Provided Content. Therefore, we do not guarantee the accuracy, integrity, quality or security of such User Provided Content. Despite our monitoring you may be exposed to User Provided Content that some subscribers may regard as offensive, indecent or objectionable. MHA MAKES NO WARRANTY WHATSOEVER CONCERNING THE ACCURACY OR COMPLETENESS OF USER PROVIDED CONTENT, AND DISCLAIMS ANY LIABILITY FOR LOSS OR DAMAGE OCCASIONED BY ITS USE. THE LIMIT OF MHA’S LIABILITY IS RETURN OF ONE YEAR’S ANNUAL BASE SUBSCRIPTION. THE LAW IN CERTAIN JURISDICTIONS PROHIBITS SUCH LIMITATIONS OF LIABILITY, SO YOU SHOULD CONSULT AN EXPERT FOR ADVICE AS TO YOUR RIGHTS.

8. License for User Provided Content. You acknowledge, consent and agree that, subject to the Privacy Policy, MHA may access, retain or use any User Provided Content that you transmit or cause to be transmitted to us, and you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, copy, display, modify, and make derivative works from any User Provided Content that you transmit or cause to be transmitted to us. MHA may allow access to or disclose User Provided Content and its source if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement or the Privacy Policy; (c) respond to claims that any User Provided Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of MHA, its users and the public.

9. Security Components. You understand that MHA may include security components that permit digital materials to be protected, and that use of MHA is subject to usage rules set by MHA or third party providers who provide content or services to MHA. You agree not to attempt to override or circumvent any of the usage rules embedded in MHA. Any unauthorized reproduction, publication, further distribution or public exhibition of MHA, in whole or in part, is strictly prohibited.

10. Prohibited Actions. In exchange for being permitted to subscribe to MHA, you agree that the following actions by you or persons using your account shall constitute a material breach of these Terms and Conditions:

a. Violation of any applicable local, state, national, or international laws;

b. Posting any material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

c. Posting material that is, as determined by MHA in its sole discretion, unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, vulgar, obscene, insensitive or embarrassing to any other person or entity;

d. Impersonating, falsely stating or otherwise misrepresenting your affiliation with, any person or entity;

e. Forging headers or otherwise manipulating identifiers in order to disguise the origin of any information or data transmitted through MHA;

f. Transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

g. Transmitting or otherwise making available any material that contains software viruses, "spyware," "adware," time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

h. Interfering with, disrupting, exceeding permitted access to or accessing without authorization, MHA or servers or networks used to provide access to MHA, or disobeying any requirements, procedures, policies or regulations of MHA or networks connected to MHA;

I. Collecting or storing personal data, including email addresses, of other MHA users without their express consent.

11. Digital Copyright Act Notice and Takedown Procedures, Copyright Agent. If you believe any materials accessible on or from MHA infringe your copyright, you may request removal of those materials (or access thereto) from us by contacting our copyright agent (identified below) and providing the following information:

a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;

b. Identification of the material that you believe to be infringing and its location on MHA. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;

c. Your name, address, telephone number and (if available) e-mail address

d. A statement that you have a good faith belief that the use complained of is not authorized by the copyright owner, its agent, or the law;

e. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf;

f. A signature or the electronic equivalent from the copyright holder or authorized representative. MHA’s agent for copyright issues relating to our website is:

PatientCentral Technologies, LLC

Attention: Copyright Agent

c/o: Edward Heller, Esq.

1177 West Loop South, Suite 1100

Houston, Texas 77027

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In an effort to protect the rights of copyright owners, MHA maintains a policy for the termination of subscription, in appropriate circumstances, of users of our website who are repeat infringers.

12. Resale of Services. You agree not to use, copy, distribute, display, make derivative works from, sell, trade, resell or exploit, any portion of MHA (including your USERNAME(s) and PASSWORD(s), or sell, trade, resell or exploit any use or access to MHA, whether authorized or unauthorized.

13. International Use. Recognizing the global nature of the Internet, you agree to comply with all laws and rules governing online conduct and acceptable content that are applicable to the location where you access MHA. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

14. Termination. MHA shall have the right, in its absolute discretion and without prior notice, to immediately suspend or terminate your use or access to MHA or any portion thereof, due to:

a. any material breach or violation of this Agreement or the Privacy Policy;

b. requests by law enforcement or other government agencies;

c. a request by you (self-initiated account deletions);

d. discontinuance or material modification to MHA (or any part thereof);

e. unexpected technical or security issues or problems;

f. extended periods of inactivity;

g. nonpayment of any fees.

Termination of your account may include:

a. removal of access to MHA;

b. deletion of your USERNAME(s) and PASSWORD(s) and all related account information, digital medical images, and electronic medical records associated with or inside your account (or any part thereof); and

c. prohibition of resubscription.We again remind you of the advisability of making a printout from time to time (see section 4 above).

15. Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through MHA, including privacy, payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MHA shall not be liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on MHA. MHA’s content will include advertising, communications from MHA such as service announcements, administrative messages and newsletters, and you may not be able to opt out of receiving any of the foregoing.

16. Links. MHA or third parties may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that MHA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, data collection or use, products or other materials on or available from such sites or resources. MHA makes no representation as to the accuracy, completeness, adequacy, security or any other aspect of the information contained on such websites. You further acknowledge and agree that MHA 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 such content, goods or services available on or through any such site or resource. Permission to create a link to MHA is granted upon acceptance of this Agreement. By creating a link, you agree to be bound by this Agreement and the Privacy Policy. Links may only be established to our homepage. Linking to any main section page or sub-section within, and/or any registered user area of the sites is prohibited. You may not state or imply that MHA is endorsing or is otherwise affiliated with you and/or any of the products or services that you or your organization provides.

17. Indemnity. You agree to indemnify and hold PatientCentral Technologies, LLC (“PCT”) and its subsidiaries, affiliates, officers, agents, employees, members and licensors harmless from any loss or expense, including attorney’s and consultant’s fees, from any claim or demand made by any third party due to or arising out of User Provided Content you submit, post, transmit or otherwise make available through MHA, your use or misuse of our website, your violation of this Agreement or the Privacy Policy, or your claimed violation of any rights of another.

18. Disclaimers of Warranties. While we will make diligent efforts to operate the site with a high degree of reliability, no assurance can be given that all aspects of MHA will work as intended all the time. Therefore, to protect ourselves from irresponsible lawsuits, we have been advised by counsel that we must make, and we do make, the following disclaimers:

a. Your use of MHA is at your sole risk. MHA is provided on an "as is" and "as available" basis. PCT and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim, to the fullest extent permitted by law, all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement and title;

b. MHA ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, TRANSMISSION OR FAILURE (INCLUDING INABILITY) TO TRANSMIT, MIS-DELIVERY, DELETION OF OR FAILURE TO STORE, ANY USER PROVIDED CONTENT. You are responsible for obtaining access to MHA, recognizing that such access may involve third-party fees (such as internet service provider or airtime charges). You are responsible for those fees, including the fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access MHA;

c. PCT and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) MHA will meet your requirements; (ii) MHA will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of MHA will be accurate or reliable; (iv) the quality of MHA and any products, services, content or other material purchased or obtained by you through MHA will meet your expectations; or (v) any errors in MHA will be corrected;

d. Any material downloaded or otherwise obtained through the use of MHA is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

19. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PCT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, MEMBERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF PROFITS, GOODWILL, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

A. THE USE, MISUSE OR INABILITY TO USE MHA;

B. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM MHA;

C. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

D. STATEMENTS OR CONDUCT ON OR THROUGH MHA BY ANY THIRD PARTY; OR

E. ANY OTHER MATTER RELATING TO MHA OR PCT.

20. Miscellaneous.

a. This constitutes the entire Agreement between you and MHA and governs your use of MHA, superseding any prior agreements between us. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MHA services, affiliate services, third-party content or third-party software.

b. This Agreement and the relationship between you and MHA shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and PCT agree to submit to the personal and exclusive jurisdiction of the courts located within Harris County, Texas;

c. The failure of MHA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect;

d. You agree that your MHA account, including but not limited to any rights to your user name, password or contents within your account, is not transferable or assignable. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement;

e. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of MHA or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred;

f. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

21. Site Ownership. The trademarks, service marks and other logos and product and service names are trademarks of PatientCentral Technologies, LLC and may not be used in any form without its prior written consent.

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HIPAA (Health Insurance Portability and Accountability Act) and the Security of Your Information:

Congress passed a law in 1996 intended to protect the privacy of patient's medical information. The law is referred to as the Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II) and requires that measures be undertaken to maintain confidentiality, security and privacy of personal health data.

A fundamental concept of HIPAA legislation is that you, the patient, have fundamental privacy rights under federal law that protect your healthcare information. All healthcare providers including doctors, nurses, hospitals, pharmacies, your health insurance plan and governmental agencies such as Medicare and Medicaid must follow this law.

HIPAA regulations include three sets of standards involving transactions such as health claims, and a requirement for privacy and security of protected health information. The goal is to give patients more control and access to their medical information; and protect individually identifiable medical information from real or potential threats of disclosure or loss.

Privacy and security are closely linked, so it's important at the outset that you understand the difference: Privacy involves each patient’s right over the use and disclosure of personal health information, including when, how and to what extent personal health information is shared with others. Security involves the specific measures that a health care entity must take to protect personal health information from unauthorized breaches of privacy, loss of integrity of personal health information.

Your Rights:

As a patient, you have a right to determine who may have access to your healthcare information. In certain cases, such as in hospitals, doctors, nurses, and pharmacies, having access to individual patient healthcare information can improve the efficiency and effectiveness of patient care, and can actually improve patient safety.

In some circumstances, such as emergencies, authorizing access to healthcare information may mean the difference between life and death. However, as a patient, you may still retain the right to determine who may access your health information.

Under HIPAA legislation, unless a patient authorizes, individual healthcare information cannot be shared with employers or used for purposes of marketing. In some circumstances, data may be used for public health purposes, in cases of epidemics, such as the flu virus, for example.

We may have to respond to inquiries from regulatory agencies or legal jurisdictions, just as is the case for any medical record. You may request a copy of a log of all releases of this information occurring during your subscription term. With each annual subscription to MyHealthArchive each subscriber will be required sign a disclosure and authorization form.