Memorial Health, its direct and indirect subsidiaries, and its affiliated entities (collectively,"Memorial Health") is pleased to offer its patients online access to certain limited medical information through MyChart, a Web-based portal to a portion of Memorial Health’s computer system ("MyChart"). Such access is subject to your agreement to be bound by, and comply with, the terms and conditions set forth below (the "Terms and Conditions"). Please read the following information carefully. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU INDICATE THAT YOU HAVE READ, UNDERSTAND AND CONSENT TO BE BOUND BY, AND THAT YOU WILL COMPLY WITH, THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, CLICK THE "I DECLINE" BUTTON BELOW, AND YOUR ACCESS TO THE SITE WILL BE TERMINATED.
I. MyChart Features
A. Access Code
When you initially enroll in MyChart, you will be provided with a temporary, one-time only access code that will allow you to activate your MyChart account. DO NOT share your access code with anyone. Once you receive the access code, you will have a period of sixty (60) days to log on to MyChart and activate your account. If you do not activate your account within such period, your temporary one-time only access code will expire, and you will have to enroll in MyChart again.
When you log on to MyChart with your access code, you will create your own MyChart ID and password for your MyChart account. After you use the access code, it will become invalid.
B. MyChart ID and Password
It is extremely important that you keep your MyChart ID and password completely confidential. Anyone with access to your MyChart ID and password will be able to access your confidential medical information. You are fully and solely responsible for all access and any activity that occurs through use of your MyChart ID and password. It is your responsibility to prevent disclosure of your MyChart ID and password, and to change your password if you feel that the security of your MyChart ID has been compromised. You may change your password at any time.
C. Communications to You
If you want to communicate with your health care provider's office electronically through MyChart you must provide a valid e-mail address for your MyChart account. If you do so, then when a health care provider puts new medical information into your MyChart account, you will receive an e-mail message notifying you that such new medical information is available. The e-mail messages themselves will not contain confidential medical information, but will direct you to go to your MyChart account to view the new medical information. An e-mail message notifying you that new medical information is available in MyChart may be information that you would not want others to know. This should be taken into account when making a decision about whether to provide an e-mail address for communication with your health care provider's office through MyChart, and if so, which email address you choose to use with your MyChart account.
You acknowledge that if you provide an e-mail address, it is your responsibility to maintain a current e-mail address in MyChart at all times and to monitor your e-mail messages, and you agree not to hold Memorial Health liable for any loss, injury, or claims of any kind resulting from e-mail messages that you fail to read in a timely manner.
D. Communications from You
If you provide an e-mail address for electronic communication with your health care provider's office through MyChart, then you will be able to send electronic messages to your health care provider's office. Memorial Health will try to promptly respond to messages received. NEVER USE MYCHART TO SEND ELECTRONIC MESSAGES REQUIRING URGENT ATTENTION TO YOUR HEALTH CARE PROVIDER. FOR ALL URGENT MEDICAL MATTERS, PLEASE CONTACT YOUR HEALTH CARE PROVIDER’S OFFICE BY PHONE, GO TO AN EMERGENCY ROOM, OR DIAL 911.
Response delays can occur for a variety of reasons, such as volume and availability of staff, the complexity of your conditions, and technology occurrences outside of Memorial Health’s control, a patient should allow at least 3 business days for a response.
You understand and agree that your electronic messages will be routed to your health care provider's office, and therefore other employees of your health care provider will be involved in addressing your electronic messages. You further understand and agree that if your health care provider is out of the office or unavailable, electronic messages sent by you via MyChart may be routed to other authorized caregivers within Memorial Health in order to facilitate a more timely response to your request. Therefore, you may not want to use the electronic messaging system available through MyChart if there is sensitive information that you would only wish to discuss directly with your health care provider.
You understand and agree that with regard to any electronic message you send to a health care provider through MyChart, the response is dependent on the information you provide. You also understand and agree that the information you provide through MyChart may become part of your permanent medical record.
E. Proxy Access
When you log on to MyChart as the authorized proxy of a Memorial Health patient, these Terms and Conditions apply to both you and the patient for whom you have been granted proxy access. References herein to "your access code," "your conditions," "your health care provider," and similar references shall be deemed to refer to the patient for whom you have been granted proxy access. Memorial Health maintains a separate process for establishing proxy access through a Memorial Health facility, such as a health care provider’s office.
II. Not a Comprehensive Medical Record
You understand that MyChart does not contain your complete medical record. If you need a complete medical record, please make your request directly to all of your health care providers' offices, using your health care providers' established procedures for requesting such medical records.
III. Information Does Not Constitute Medical Advice
You agree that MyChart is a data access and communication service that is offered as a convenience to Memorial Health’s patients. Memorial Health has and assumes no responsibility for how you use the information you obtain from MyChart. You should consult with a physician or other health care provider regarding your condition. MyChart is not a substitute for consultation with your physician or other health care provider. You should never change or stop any course of treatment prescribed by your physician or other health care provider without first consulting him or her.
IV. Accuracy and Integrity of Information
Although Memorial Health attempts to protect and maintain the integrity of MyChart, Memorial Health makes no guarantee whatsoever as to the correctness or accuracy of MyChart or any information contained in or made available on or through MyChart. It is possible that information contained in or made available on or through MyChart could include typographical errors, inaccuracies, or other errors. In the event that an inaccuracy is discovered, please inform Memorial Health so that it may be corrected. Information contained on MyChart may be changed, updated, or removed by Memorial Health at any time without notice.
Furthermore, Memorial Health makes no guarantee whatsoever that the medical and laboratory historical data contained in or made available through MyChart is comprehensive, accurate, or complete. Such comprehensive, accurate, and complete data may be obtained by directly contacting your health care provider's office.
V. Termination of Access
Memorial Health may restrict or terminate your access to MyChart at any time and for any reason, with or without notice. If access is restricted for planned maintenance of the MyChart system, Memorial Health will attempt to communicate the planned downtime to users in advance.
VI. Restrictions on Use and Ownership
All text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks, and data (the "Content") contained in or made available on or through any Memorial Health Web site, including, but not limited to, MyChart, is the property of Memorial Health or its third party licensors. The Content is provided for use by Memorial Health and its patients only. You are hereby granted a limited license to make personal use only of MyChart and the Content in accordance with these Terms and Conditions. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale, or other commercial use of MyChart or the Content. Nothing herein or on MyChart should be construed as granting any additional license or right to use any Content without the express permission of Memorial Health or the third party that owns the Content. Memorial Health expressly reserves the right to, in the future, charge a fee for use of MyChart.
VII. Privacy and Security
Please review Memorial Health's Notice of Privacy Practices, available at http://www.memorialhealth.com/about/privacy.aspx for a description of how Memorial Health gathers and uses your confidential medical information, and your rights with regard thereto. MyChart uses encryption software. Nevertheless, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. For example, when you transmit information to MyChart over the Internet, you will be transmitting such information over a medium that is beyond the control of Memorial Health and its contractors. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF (A) ANY INTENTIONAL INTRUSION OR UNAUTHORIZED DISCLOSURE OF ANY INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF MYCHART, AND (B) ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF MYCHART. Once your information is received by Memorial Health, it will be treated as confidential and given the same protection that all other Memorial Health medical records are given.
VIII. Changes to Terms and Conditions
These Terms and Conditions may be amended from time to time by Memorial Health. You will be required to accept or decline the Terms and Conditions, as amended, each time you access MyChart. Therefore, be sure to review the Terms and Conditions each time you access MyChart.
IX. Links to Other Web Sites
MYCHART AND ALL DATA AND INFORMATION IN OR MADE AVAILABLE ON OR THROUGH MYCHART ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. Memorial Health DISCLAIMS, WITH REGARD TO MYCHART AND ALL DATA AND INFORMATION IN OR MADE AVAILABLE ON OR THROUGH MYCHART, ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Memorial Health DOES NOT REPRESENT, WARRANT, OR COVENANT THAT MYCHART OR THE DATA OR INFORMATION IN OR MADE AVAILABLE ON OR THROUGH MYCHART WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT MYCHART OR THE DATA OR INFORMATION IN OR MADE AVAILABLE ON OR THROUGH MYCHART ARE FREE OF VIRUSES, MALWARE, OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
XI. Limitation of Liability
IN NO EVENT SHALL Memorial Health OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, STAFF, REPRESENTATIVES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR RELIANCE ON, MYCHART OR ANY DATA OR INFORMATION IN OR MADE AVAILABLE ON OR THROUGH MYCHART. UNDER NO CIRCUMSTANCES SHALL Memorial Health OR ITS RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, STAFF, REPRESENTATIVES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, MYCHART, OR ANY DATA OR INFORMATION IN OR MADE AVAILABLE ON OR THROUGH MYCHART, EVEN IF Memorial Health WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF Memorial Health AND ITS RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, STAFF, REPRESENTATIVES, INDEPENDENT CONTRACTORS, AND AGENTS, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless Memorial Health and its respective officers, directors, members, managers, employees, staff, representatives, independent contractors, and agents from and against any damages, losses, liabilities, judgments, costs, and expenses (including reasonable attorney’s fees) arising out of (a) a claim by a third party arising out of or relating to your use of MyChart, and (b) your breach or violation of these Terms and Conditions.
These Terms and Conditions constitute the entire agreement with respect to your access to and use of MyChart and the data and information in and made available on or through MyChart. Memorial Health's electronically or otherwise properly stored copy of these Terms and Conditions shall be deemed to be the true, complete, valid, authentic, and enforceable copy of these Terms and Conditions, and you agree that you shall not contest the admissibility or enforceability ofMemorial Health's copy of these Terms and Conditions in connection with any action or proceeding arising out of or relating to these Terms and Conditions, the use of MyChart, or the use of any data or information in or made available on or through MyChart. Except as expressly provided for herein, these Terms and Conditions do not confer any rights, remedies, or benefits upon any person or entity other than you and Memorial Health. Memorial Health may assign its rights and duties under these Terms and Conditions at any time to any third party without notice. You may not assign these Terms and Conditions without the prior written consent of Memorial Health. These Terms and Conditions shall be binding on, and inure to the benefit of, the parties hereto and their respective heirs, successors, and assigns. Should any provision of these Terms and Conditions be held to be void, invalid, unenforceable, or illegal by a proper legal authority, such provisions shall be replaced with a provision that is valid, enforceable, or legal that carries out the intent of the parties, and the validity and enforceability of the other provisions hereof shall not be affected. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing MyChart and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use MyChart, the data or information in or made available on or through MyChart, or any other information or materials on MyChart in violation of the aforementioned laws or these Terms and Conditions.
XIV. Governing Law and Forum Selection
MyChart is maintained, operated, and controlled by Memorial Health in the State of Georgia. These Terms and Conditions shall be governed by and construed under the laws of the State of Georgia, without regard to conflicts of laws principles or rules. Any legal action brought by you arising out of or relating to these Terms and Conditions, or your access to or use of MyChart or the data or information in or made available on or through MyChart must be commenced within one year after the cause of action arises. The exclusive venue for any such action shall be the state and federal courts sitting in Chatham County, Georgia, and you hereby expressly consent and irrevocably submit to the exclusive jurisdiction of such courts and expressly waive any claim that venue is improper for any reason in such courts.
XV. Questions Regarding the Site or these Terms and Conditions
Please contact us with any questions regarding the Site or these Terms and Conditions by mail at 4700 Waters Avenue, Savannah, Georgia 31404, ATTN: Director of Program Management Office, by e-mail at email@example.com, or by calling us at (912) 350-4961.