These Terms & Conditions of Use constitute a binding agreement between you and Net Health Systems, Inc. (“Net Health”) governing your use of and access to the Net Health Patient Portal (the “Portal”). The Portal is an internet service that allows you to, among other things, view appointments with your medical provider, document allergies and medications, and send messages to your medical provider. Net Health provides you with access to the Portal at the request of your healthcare provider and in order to provide you the ability to conveniently access certain health related information.
Your use of and access to the Portal is subject to your agreement with these Terms & Conditions of Use (“this Agreement”) and the applicable Privacy Policy displayed within the Portal. This Agreement constitutes the entire agreement between you and Net Health regarding your use of and access to the Portal. The Portal is not intended for use by minors under the age of 18, and by using the Portal, you attest that you are of majority age.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE PORTAL. BY ACCESSING OR USING THE PORTAL, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
NET HEALTH IS NOT A MEDICAL PROVIDER AND IS NOT RESPONSIBLE FOR ANY CONTENT MADE AVAILABLE VIA THE PORTAL BY YOUR PROVIDER OR YOUR PROVIDER’S OFFICE. DO NOT USE THE PORTAL FOR MEDICAL EMERGENCIES; INSTEAD, IMMEDIATELY CALL 911 IF FACED WITH A MEDICAL EMERGENCY.
ANY CONTENT MADE AVAILABLE TO YOU VIA THE PORTAL IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NET HEALTH DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE CONTENT AND SHALL NOT BE LIABLE IN ANY WAY TO YOU, OR ANYONE ELSE TO WHOM THE CONTENT MAY BE FURNISHED, FOR ANY DELAYS, INACCURACIES, UNAVAILABILITY, ERRORS OR OMISSIONS IN THE CONTENT. SUCH CONTENT IS RELIED UPON AT YOUR OWN RISK AND SOLE DISCRETION.
IF YOU ARE A PATIENT OR LEGAL REPRESENTATIVE OF A PATIENT, CERTAIN CONTENT MAY CONSIST OF YOUR IDENTIFIABLE HEALTH INFORMATION MAINTAINED IN YOUR ELECTRONIC HEALTH RECORDS MAINTAINED BY YOUR MEDICAL PROVIDER. NET HEALTH IS NOT YOUR PROVIDER AND THEREFORE YOU ACKNOWLEDGE THAT NET HEALTH HAS NO RESPONSIBILITY OR LIABILITY FOR THE HEALTH INFORMATION MAINTAINED AND PROVIDED BY YOUR PROVIDER. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH INFORMATION, PLEASE CONTACT YOUR PROVIDER.
Net Health grants you a non-assignable, non-sublicensable, terminable, limited license to access and use the Portal for your own personal use subject to the terms and conditions of this Agreement. You may view, copy, print and use content contained on the Portal solely for your own personal use. Nothing in this Agreement is intended to, or may be construed as, conferring any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Net Health or any third party, except as expressly provided in this section.
Except as set forth above, you may not use, copy, modify, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, frame, hyperlink or transmit any of the content or materials of the Portal or rent or sell use of or access to the Portal, or any of the content or materials on the Portal. You may not permit third parties to access the Portal or use any Portal content and may not make any other use of the Portal or any Portal content except as set forth in this Agreement.
You agree to use the Portal for lawful purposes only. You may not post or transmit through the Portal any material (i) that violates or infringes in any way upon the rights of others, (ii) that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
You understand and agree that Net Health may terminate or otherwise deny your access to the Portal and without notice in the event Net Health believes in its sole discretion that you have violated a provision of this Agreement.
You acknowledge and agree that your use of the Portal, including any material or information contained therein, is at your own discretion and risk.
Net Health reserves the right without prior notice to discontinue any features or content available on the Portal, or otherwise change specifications at any time without incurring any obligations to you or any other party. Nothing herein shall be deemed as a guarantee that the Portal will be available at any given time.
The Portal and all content included therein, including but not limited to the text, graphics, button icons, images, artwork, names, logos, trademarks, are and shall remain the property of Net Health and are protected by applicable intellectual property laws. The compilation of all content on the Portal, as well as the original arrangement, organization, design, formatting, trade dress, look and feel of the Portal is the exclusive property of Net Health or its respective affiliates or vendors and is also protected by applicable intellectual property laws. The Portal may also contain various third-party names and marks that are the property of their respective owners.
Any unauthorized use of our marks or of our copyrighted material or trade dress or any other intellectual property is strictly prohibited and may be prosecuted to the fullest extent of the law.
To the extent that you send Net Health any feedback, ideas, comments, or suggestions relative to the Portal (collectively, “Feedback”), such Feedback shall not be treated as confidential, Net Health shall have no obligation or responsibility to take any action whatsoever in regard to such Feedback, and such submission of Feedback shall be considered a royalty-free perpetual assignment of such Feedback to Net Health for Net Health to use (or not use) in its sole discretion, including but not limited to copying, reproducing, or incorporating such Feedback into the Portal without any obligation to you.
THE PORTAL AND ALL INFORMATION, SERVICES AND RELATED MATERIALS IT CONTAINS ARE PROVIDED ON AN "AS IS" BASIS. NET HEALTH MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION, REGARDING THE PORTAL, AND NET HEALTH SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE BY LAW. IF FOR ANY REASON YOU ARE NOT SATISFIED WITH THE PORTAL OR ITS CONTENT, YOUR SOLE REMEDY IS TO CEASE USING THE PORTAL OR SUCH CONTENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NET HEALTH OR ANY OF ITS RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO THE PORTAL OR YOUR USE OF THE PORTAL, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NET HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE PORTAL. NOTWITHSTANDING THE FOREGOING, IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF NET HEALTH AND ITS AFFILIATES AND VENDORS FOR ANY REASON RELATING TO THE PORTAL SHALL NOT EXCEED $100.00 US DOLLARS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NET HEALTH AND ITS RESPECTIVE VENDORS, AFFILIATES AND THEIR OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONSULTANTS, AND AGENTS FROM AND AGAINST ANY CLAIMS, ALLEGATIONS, DAMAGES, LOSSES, LIABILITIES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS' FEES) THAT SUCH PARTY MAY SUFFER OR INCUR AS A RESULT OF (I) YOUR USE OR MISUSE OF THE PORTAL, (II) YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF NET HEALTH, OR ANY OTHER PERSON OR ENTITY, (III) YOUR VIOLATION OF ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY PRIVACY OR DATA SECURITY LAW OR REGULATION. OR (IV) YOUR VIOLATION OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, NET HEALTH RESERVES THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM, SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.
NET HEALTH MAY REVISE THIS AGREEMENT AT ANY TIME, AND THE REVISIONS WILL BE EFFECTIVE AS OF THEIR POSTING. BY ACCESSING OR USING THE PORTAL, YOU ARE AGREEING TO THE THEN-CURRENT ITERATION OF THIS AGREEMENT.
This Agreement is governed by and interpreted under the laws of the Commonwealth of Pennsylvania and the federal laws of the United States, without regard to any conflicts of laws principles. The state and federal courts sitting in Allegheny County, Pennsylvania will have exclusive jurisdiction to entertain any action arising under this Agreement. You hereby irrevocably submit to the exclusive jurisdiction and venue of such courts, as applicable, and waive any objections to such jurisdiction and venue.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition will be severable and shall not affect the validity and enforceability of any remaining condition.
This Agreement is the sole agreement governing your use of and access to the Portal and supersedes all other agreements regarding use of the Portal. Any waiver of any portion of this Agreement will be effective only if in writing and signed by Net Health.