Meritus Medical Center, Inc.

MyChart® Terms & Conditions

 

Effective Date: March 30, 2018

 

NOT FOR EMERGENCIES.

 

MYCHART IS NOT FOR USE IN MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

 

Meritus Medical Center, Inc. and its subsidiaries and affiliated companies (collectively, “Meritus,” “we,” “us” or “our”), are pleased to offer you (“you” and “your” refer to the Meritus patient who enrolls in MyChart, and, as applicable, any other MyChart patient portal users, such as proxy users designed by the patient) access to our MyChart patient portal, including medical records and other information about the Meritus patient. If you would like access to this service, you must complete an on-line registration and agree to these Terms & Conditions (“Terms”).These Terms govern your access to and use of MyChart accessible via our website at https://MyChart.Meritushealth.com (“Site”) and the MyChart mobile application (“App”) (collectively, “MyChart”). MyChart includes all software and Content (defined below) provided through or as part of MyChart.

 

Please read these Terms carefully before you use or access MyChart, as they are a legal agreement between you and Meritus. THESE TERMS CONTAIN IMPORTANT PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES. By clicking “I accept” or by accessing or using MyChart, you accept and agree to be bound by these Terms without limitation or qualification. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THESE TERMS, DO NOT ACCESS OR USE MYCHART.

 

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using MyChart on behalf of any person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these Terms.

 

MYCHART SERVICES

Through MyChart, we are pleased to provide you with access to portions of your (i.e., the Meritus patient’s) medical records and certain lab results, the ability to request appointments for the Meritus patient with providers, secure messaging to communicate with a member of your care team, and other features that we may offer from time to time. The information from your medical record available through MyChart may not constitute your entire medical record. The scope of medical record information accessible through MyChart is determined at the discretion of Meritus and your health care provider. You will continue to have access to your complete medical record by contacting the office of your health care providers directly, or by contacting us at 301-790-8130. THEREFORE, YOU ACKNOWLEDGE THAT MYCHART SHALL NOT BE USED TO MAKE HEALTHCARE DECISIONS OR DIAGNOSIS AND MERITUS SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, ARISING FROM YOUR USE OR MISUSE OF MYCHART OR ANY INFORMATION OR CONTENT THEREIN.

 

REGISTRATION; ACCOUNTS

 

Access and use of MyChart is voluntary. If you choose to use MyChart, you need to register for an account. Meritus requires you to enter a unique access code that Meritus provides to you to sign up and access your account. After verification, you will be required to establish a user name and password for ongoing access to your MyChart account. By creating an account, you agree to (a) provide accurate, current and complete account information and (b) maintain and promptly update from time to time as necessary your account information, and (c) accept sole responsibility for keeping such user name and password strictly confidential. You are responsible for protecting the confidentiality and security of your user name and password and for any activity that occurs under your username. Any person with access to you user name and password will be able to access your (i.e., the Meritus patient’s) confidential health information. That person will also be able to read your messages and send new messages as if they were the Meritus patient. You understand and agree that Meritus takes no responsibility for and disclaims any and all liability for any and all damages resulting from a breach of medical record confidentiality resulting from your sharing or loss of your user name and password.

 

You agree to immediately notify us in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your username and password or of any other breach of security that might affect MyChart. We are not responsible for any loss or damage arising from someone else using your username and password or your failure to comply with this section. You may not attempt to gain unauthorized access to any other user’s username and password.

 

ELIGIBILITY

 

Meritus does not assume any responsibility for health information or services used by persons other than the Meritus patient who is the MyChart enrollee or the patient’s proxy designated in accordance with these Terms. If you are under 18 years old or otherwise have not attained the age of majority in your state of residence, you must have a parent’s or other legal representative’s permission to use MyChart. Parents or legal guardians of children 12 years or older may request access to a minor child’s account by following the terms outlined in the “Proxy Access” section of these Terms. If you are a parent or legal guardian of a patient under the age of 18 (or the age of majority), you agree to be fully responsible for the acts or omissions of the patient in connection with MyChart. 

 

PROXY ACCESS

A “proxy” is a person other than the Meritus patient who the patient gives access to the patient’s MyChart account. The patient may grant proxy access to the patient's MyChart account from the MyChart account settings page.

 

MyChart access to a minor patient’s records is only available to the minor’s birth parents or individuals with legal guardianship. If a parent or legal guardian has proxy access to a minor patient’s MyChart® account prior to the patient's 12th birthday, the proxy access will automatically terminate on the patient’s12th birthday. At that time, the patient will need to create his or her own MyChart account, and can then designate the parent as a proxy. If the proxy's legal relationship with the patient changes, please notify your clinic. Meritus reserves the right to revoke proxy access at any time for any reason. Minor patients who have a personal MyChart account do have the ability to terminate proxy access in the patient's MyChart account settings.

 

You authorize Meritus to provide access to your health information in MyChart to the person (18 years or older) that you have designated (“Your Proxy”). You understand that the health information in MyChart is obtained from your Meritus electronic medical record and may include information from any Meritus facility or provider. You authorize Meritus to provide access to Your Proxy to any of your information available through MyChart, including, if applicable, information related to mental health and developmental disabilities, HIV test results, genetic testing and counseling, and alcohol or other substance abuse.

 

By clicking “Submit,” on the proxy designation page, you authorize release of your information only through MyChart. The proxy designation does not authorize release of your medical record to Your Proxy by other methods. You understand that once your information has been disclosed to Your Proxy through MyChart, Your Proxy may potentially re-disclose it and the information may not be protected by HIPAA or other federal and state privacy laws.

 

Your use of MyChart and authorization of proxy access to MyChart is completely voluntary. You are not required to designate a proxy and you are not required to provide this proxy access authorization. Meritus does not condition any of your treatment, payment or other services on whether you provide this authorization. However, if you do not complete the proxy form, Meritus will not provide MyChart access to Your Proxy.

 

The initial term of the proxy authorization begins on the date of your signature and continues for 12 months. The initial term automatically renews for additional 12-month renewal terms unless you revoke the authorization through your MyChart account settings. You also may revoke the authorization at any time before it expires through your MyChart account settings. If you revoke this authorization, Your Proxy’s access to MyChart will end. However, your revocation will not affect any releases of information that were made prior to processing the revocation request in reliance on this form.

 

PRIVACY

 

To learn about our information collection, use, and privacy practices associated with MyChart, please read our Notice of Privacy Practices http://www.meritushealth.com/Our-Services/Meritus-Medical-Center/Patient-Advocacy/Privacy-Practices.aspx for information about how Meritus collects, uses and discloses health information. Meritus’ Privacy Policy is incorporated into and made part of these Terms.

 

COMMUNICATION PREFERENCES

By creating an account, you consent to receive electronic communications from Meritus (e.g., via email, text message, MyChart secure messages or by posting notices to MyChart). These communications may include notices about your account and are part of your relationship with us. Meritus providers or staff may send messages to you through MyChart, and may send messages to your personal e-mail account or via text message to tell you that you have a MyChart message. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, any requirement that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

 

You agree that all telephone numbers you provide to Meritus may be used by Meritus or those acting on its behalf to communicate with you by telephone (including cell phone), text message, or any automated or prerecorded messages regarding your account, appointment reminders, bill payment reminders, debt collection efforts and other information and marketing messages. Moreover, by clicking “I Accept,” you confirm that the number provided is your mobile number, and you authorize Meritus to contact you with marketing information and other information through written communications, calling or texting you at the mobile phone number you have provided. You understand that you do not have to agree to receive autodialed or prerecorded calls or texts to your mobile phone number in order to use and enjoy the services offered by Meritus.  You further understand that you may decline to receive autodialed or prerecorded calls or texts to your mobile phone number by texting “Stop”, notifying the Meritus Help Desk at 301-790-9008, visiting http://www.meritushealth.com/About-Meritus-Health/EPIC-EHR-Journey/Opt-Out.aspx, or modifying your MyChart account settings. You understand that your carrier's standard messaging and data rates may apply.

 

Emergency situations requiring immediate attention should not be submitted electronically. Meritus will try to provide responses to electronic inquiries. However, delays may occur based upon message volume, availability of staff, the complexity of the patient’s condition, technology disruptions, or other reasons. Therefore, Meritus cannot guarantee that messages will be responded to. Messages sent via MyChart to your health care provider may be routed to other authorized personnel within your provider’s department or group in order to help facilitate a timely response to your request. Additionally, Meritus and your health care provider are only able to respond to communications based on the information provided by you or Your Proxy. If insufficient information is provided, we will be unable to provide a reliable or accurate response.

 

CHANGES TO THESE TERMS

 

We reserve the right to make changes to these Terms at any time. Please check back from time to time to ensure that you are aware of any changes to these Terms. We will indicate the changed Terms’ effective date at the top of this page. Your continued use of MyChart after changes have been posted indicates your consent to any changed Terms. If you do not agree to the changed Terms, you should immediately terminate your use of MyChart.

 

RESERVATION OF RIGHTS

 

We reserve the right at any time and for any reason, with or without notice, and without liability to you or any other user, to: (1) modify, suspend or terminate the operation or any feature of MyChart; (2) restrict, limit, suspend or terminate your and/or any other user’s access to MyChart; (3) monitor any user’s use of MyChart to verify compliance with these Terms and/or any applicable law; (4) investigate any suspected or alleged misuse of MyChart and cooperate with law enforcement and/or third-parties in such investigation; and (5) disclose information about any user’s use of MyChart in connection with law enforcement investigation of alleged illegal activity, or in response to a lawful court order or subpoena.

 

PROPRIETARY RIGHTS

 

MyChart and all associated Content are the proprietary property of Meritus and/or its third-party licensors, and are protected by U.S. and foreign copyright, trademark and other intellectual property laws. As used in these Terms, “Content” means all text, information, materials, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, search engines and other content. The names, marks, logos and other identifiers associated with Meritus and its products and services are trademarks and service marks of Meritus and/or its third-party licensors, and are solely owned by Meritus and/or its third-party licensors.

 

Subject to your compliance with these Terms, we grant you a revocable, conditional and limited license to access and use MyChart solely for your own personal and non-commercial use in accordance with applicable laws. If MyChart permits you to download or print any Content, such Content may be used only by you and only in connection with this purpose. You may not copy or distribute any such Content. This license is personal to you and is not transferable or assignable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). We reserve all rights not expressly granted herein.

 

Any unauthorized use, reproduction or distribution of MyChart is strictly prohibited and may result in civil and/or criminal penalties.

 

PROHIBITED USES

 

You must not:

·         Use MyChart except as expressly authorized in these Terms;

·         Impersonate another, or falsify account information, or make unauthorized use of another’s information;

·         Copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from MyChart;

·         Remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained in any Content obtained through MyChart;

·         Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with MyChart;

·         Submit, upload, post or transmit any user-originated Content that is: unlawful; threatening; harassing; abusive; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; discriminatory or otherwise objectionable (in our discretion);

·         Interfere in any way with the operation of MyChart or any server, network or system associated with MyChart, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of MyChart or any server, network or system associated with MyChart; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;

·         Use any automated program, tool or process (including, without limitation, web crawlers, scrapers, robots, bots, spiders, and automated scripts) to access MyChart or any server, network or system associated with MyChart, or to extract, collect, harvest or gather Content from MyChart;

·         Frame or otherwise create a browser or border environment around any page or Content of MyChart, or deep-link to any internal page or area of MyChart; or

·         Make any other use of MyChart that violates these Terms or any applicable law.

 

FEEDBACK

 

MyChart may offer you the opportunity to provide us with your comments, suggestions, ideas or other feedback (together, “Feedback”). If you choose to provide us with Feedback, you agree that Meritus, Epic Systems Corporation (“Epic”) and our respective licensors have an unrestricted right to use it, and you are not entitled to receive any compensation.

 

USER SUBMISSIONS

 

MyChart may permit you to send, post or otherwise submit Content on or through MyChart  (collectively, “Submissions”). As between us and you, you own your Submissions, but, by sending, posting or transmitting Submissions to or through MyChart, you grant Meritus and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual and irrevocable right to use, reproduce, create derivative works of, display, perform, distribute and otherwise exploit your Submissions for any and all lawful purposes. Under no circumstances are you entitled to payment if Meritus uses one of your Submissions.

 

All Submissions are deemed non-confidential and non-proprietary; however, notwithstanding the foregoing or anything to the contrary set forth above or otherwise in these Terms, Personal Information and Protected Health Information submitted through MyChart will be treated in accordance with our Privacy Policy and Notice of Privacy Practice http://www.meritushealth.com/Our-Services/Meritus-Medical-Center/Patient-Advocacy/Privacy-Practices.aspx.

 

You are responsible for the content of your Submissions. By posting a Submission, you represent and warrant that:

·         You own or otherwise control all of the rights to your Submission, including without limitation all copyrights and trademarks, and have all rights necessary to grant the rights and licenses set forth above;

·         Your Submission is true and accurate;

·         Your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity; and

·         Your Submission complies with these Terms and applicable laws, rules and regulations.

 

You acknowledge and agree that Meritus has the right (but not the obligation) to alter, remove, or refuse to post or allow to be posted any Submission. You also may have the right to request that Meritus remove your Submission. Meritus takes no responsibility and assumes no liability for any Submission posted by you or any third party or for altering, removing or refusing to post your Submission.


DISCLAIMER OF WARRANTIES

 

MYCHART IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MERITUS HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO MYCHART, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE, AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MERITUS DOES NOT WARRANT THAT MYCHART WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT MYCHART WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY CONTENT PROVIDED THROUGH MYCHART WILL BE CURRENT OR ACCURATE; OR THAT A PARTICULAR PRODUCT OR SERVICE YOU SEE ON MYCHART WILL BE AVAILABLE TO YOU. YOUR USE OF MYCHART IS ENTIRELY AT YOUR OWN RISK.

 

WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY SUBMISSIONS OR THIRD-PARTY CONTENT ON OR LINKED BY MYCHART.

 

LIMITATIONS OF LIABILITY

 

THE MERITUS PARTIES’ LIABILITY TO YOU (INCLUDING, WITHOUT LIMITATION, THE MERITUS PATIENT AND YOUR PROXY) IS LIMITED AS SET FORTH BELOW, EXCEPT AND ONLY THE TO EXTENT THAT ANY SUCH LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW. “MERITUS PARTIES” MEANS COLLECTIVELY (A) MERITUS, (B) MERITUS’ LICENSORS, PROVIDERS AND SUPPLIERS AND (C) THE EMPLOYEES, AGENTS AND CONTRACTORS OF MERITUS AND MERITUS’S LICENSORS, PROVIDERS AND SUPPLIERS (COLLECTIVELY, “MERITUS PARTIES”).

 

IN NO EVENT SHALL THE MERITUS PARTIES BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO YOUR USE OF MYCHART, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IF APPLICABLE LAW PROHIBITS THE DISCLAIMER OF DIRECT DAMAGES, THE MERITUS PARTIES’ AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO ACCESS OR USE MYCHART IN THE THREE (3) MONTHS PRIOR TO THE EVENTS GIVING RISE TO ANY CLAIM, OR, IF NO SUCH PAYMENTS HAVE BEEN MADE BY YOU TO ACCESS OR USE MYCHART, FIFTY U.S. DOLLARS ($50).

 

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

INDEMNIFICATION

 

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MERITUS AND ALL OTHER MERITUS PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, SUITS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING OUT OF OR RELATING TO: (1) YOUR ACCESS TO AND/OR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, MYCHART OR ANY OF ITS COMPONENTS OR ANY OTHER SERVICES OF MERITUS; (2) YOUR FEEDBACK AND/OR SUBMISSIONS; AND/OR (3) YOUR VIOLATION OF ANY OF THESE TERMS OR ANY APPLICABLE LAW. YOU AGREE TO PROMPTLY NOTIFY MERITUS OF ANY THIRD PARTY CLAIMS, COOPERATE WITH THE MERITUS PARTIES IN DEFENDING SUCH CLAIMS AND PAY ALL FEES, COSTS AND EXPENSES ASSOCIATED WITH DEFENDING SUCH CLAIMS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND EXPENSES, COURT COSTS, COSTS OF SETTLEMENT AND COSTS OF PURSUING INDEMNIFICATION AND INSURANCE). YOU FURTHER AGREE THAT THE MERITUS PARTIES SHALL HAVE CONTROL OF THE DEFENSE OR SETTLEMENT OF ANY THIRD PARTY CLAIMS. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND MERITUS.

 

WAIVER OF RIGHT TO PURSUE CLASS ACTION CLAIMS

 

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MERITUS.

 

YOU AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR MYCHART IS PERSONAL TO YOU AND MERITUS. AS SUCH, YOU AGREE TO ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND WAIVE ANY RIGHT TO PURSUE ANY CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

 

LIMITATION ON TIME TO BRING AN ACTION

 

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

 

WAIVER OF JURY TRIAL; AGREEMENT TO ARBITRATE CLAIMS

 

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH MERITUS.

 

BY AGREEING TO THESE TERMS, BOTH YOU AND WE ARE WAIVING THE RIGHT TO A JURY TRIAL ON ANY DISPUTES THAT MAY ARISE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, ANY AND ALL ISSUES RELATING TO THE SCOPE, INTERPRETATION AND ENFORCEABILITY OF THE CLASS ACTION WAIVER PROVISIONS CONTAINED IN THIS SECTION, OR IN THE SECTION TITLED “WAIVER OF RIGHT TO PURSUE CLASS ACTION CLAIMS”, ARE TO BE DECIDED ONLY BY A COURT OF COMPETENT JURISDICTION, AND NOT BY THE ARBITRATOR.

 

Except for small claims disputes in which you or Meritus seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Meritus seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and we agree to arbitrate all disputes between you and us. If a dispute arises between you and us relating to MyChart or these Terms, you and we agree that the dispute shall be resolved by final and binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations (“AAA Rules”), which are available here https://www.adr.org/sites/default/files/Consumer%20Rules.pdf). You either acknowledge and agree that you have read and understand the AAA Rules or waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason. You and we agree to the following rules relating to any arbitration proceeding:

·         YOU AND MERITUS WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

·         You and Meritus agree that these Terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law

·         The venue for all disputes arising under these Terms shall be in Washington County, Maryland, but you and we may agree to conduct the arbitration by telephone, online and/or solely based on written submissions. You hereby waive any right to claim that such location is an inconvenient forum and covenant not to sue us in any other forum.

·         The arbitrator will have the power to grant whatever relief would be available in court under law or in equity (including attorney’s fees) and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages against Meritus, the right to which each you hereby waive.

·         The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.

·         Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

·         You and we agree, to the extent practicable, to direct the arbitrator issue a decision within 120 days from the date the arbitrator is appointed. You and we acknowledge that if the arbitrator does not issue a decision within 120 days, such event will not limit or waive the powers of the arbitrator or this agreement to arbitrate.

·         All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.

·         The award of the arbitrator will be in writing and will not include any statement setting forth the reasons for the disposition of any claim.

 

Either you or we may seek an injunction at any time from any court of competent jurisdiction as necessary to protect the rights or property of you or us pending the completion of arbitration.

 

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Meritus will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Meritus for all fees associated with the arbitration that Meritus paid on your behalf which you otherwise would be obligated to pay under the AAA Rules.

 

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by contacting us at Legal@meritushealth.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes on an individual basis in the state or federal courts of the State of Maryland and the United States, respectively, sitting in Washington County, Maryland.

 

If any provision of this Section titled “Waiver of Jury Trial; Agreement to Arbitrate Claims” is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other provisions of this Section will remain valid and enforceable.

 

VIOLATIONS; TERMINATION

 

You acknowledge and agree that: (i) Meritus may at any time terminate your access to MyChart, in whole or in part, if Meritus determines, in its sole judgment, that you have violated these Terms or any applicable law; (ii) such termination may be effected without prior notice; and (iii) in the event of such termination, Meritus may immediately deactivate and terminate your account and remove (or block your further access to) all your Submissions stored in or associated with your account, without any liability to you.

 

INTERNATIONAL USE

 

MyChart is intended for use in the United States of America only. All matters relating to MyChart are governed by the laws of the State of Maryland in the United States of America. If you visit MyChart or contact us from outside of the United States of America, please be advised that (i) any information you provide to us or that we automatically collect will be transferred to the United States of America; and (ii) that by using MyChart or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States of America in accordance with these Terms. 

 

LINKS TO THIRD PARTIES

 

MyChart may contain links to third party websites, products and/or services (“Linked Third Party Sites”). Such links do not constitute or imply Meritus’ approval, sponsorship or endorsement of any Linked Third Party Sites. Meritus is not responsible for and makes no representations or warranties, express or implied, regarding any Linked Third Party Sites. You access and use Linked Third Party Sites solely at your own risk. When you access and use a Linked Third Party Site, you are subject to the terms and conditions of use and privacy policy for such Linked Third Party Sites. Any rights, claims or actions you may have in respect of a Linked Third Party Site can only be brought directly against the provider of that Linked Third Party Site. When using MyChart, information will be transmitted over an Internet medium that is beyond the control of Meritus and its vendors. You are responsible for ensuring that the computer system(s) and network(s) you use to access MyChart have the appropriate security controls enabled.

 

SOFTWARE UPDATES

 

Epic or Meritus may from time to time, in its sole discretion (without obligation), provide updates for MyChart (including the App), which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Epic and Meritus have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

 

Portions of MyChart may not properly operate if you do not install all Updates, so we encourage you to promptly install all Updates. To that end, based on your mobile device settings, with respect to an App, when your mobile device is connected to the Internet, either (i) the Updates will automatically download and install or (b) you may receive notice of or be prompted to download and install available Updates. For clarity, all Updates are part of MyChart and subject to these Terms as well as any terms distributed with the App through the Apple App Store, Google Play or other applicable mobile application marketplace.

 

MISCELLANEOUS

 

·         Notice. Meritus may provide you with notices, including those regarding changes to the Terms, by postings on MyChart, or in accordance with the section titled “Communication Preferences.”

·         Governing Law. You and Meritus agree that these Terms and any claim or dispute between you and Meritus relating to your use of MyChart will be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws provisions.

·         Waiver. A provision of the Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Meritus to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.

·         Severability. If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

·         Independent Contractor. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Meritus as a result of the Terms or use of MyChart.

·         Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and shall not be deemed to limit or affect any of the provisions hereof.

·         Disclosures. MyChart is offered by Meritus Medical Center, Inc., located at 11116 Medical Campus Road, Hagerstown, MD 21742,Telephone: 301-790-9008 .