Terms and Conditions

Oregon Health & Science University (OHSU), Mid-Columbia Medical Center and Mid-Columbia Outpatient Clinics (MCMC) and Tuality Healthcare (Tuality) are pleased to offer patients and/or their authorized caregiver’s access to their health information using MyChart. Participation in this service requires that individuals read and accept the following Terms and Conditions, which may be amended from time to time by OHSU, MCMC or Tuality, as applicable.
Terms and Conditions for MCMC can be found following the OHSU Terms and Conditions on this page. Terms and Conditions for Tuality Healthcare can be found following the MCMC Terms and Conditions on this page.

Terms and Conditions for Use of OHSU MyChart

All references to “I” or “my” shall be to the user of OHSU MyChart.

I understand that OHSU reserves the right to limit or discontinue my use of OHSU MyChart ("MyChart") if I do not abide by the following terms and conditions. At OHSU, an individual must be age 13 or older to request a personal account to access MyChart. For access to MyChart for minors under age 15, please see "Using MyChart on Behalf of Someone Else- Proxy Access" below.

Notice of Privacy Practices

OHSU is committed to preserving the privacy of patient health information. For more information regarding OHSU's legal duties and practices concerning health information see OHSU's Notice of Privacy Practices at: www.ohsu.edu/xd/about/services/integrity/ips/npp.cfm

Use of MyChart for Health Care Services

By agreeing to these terms and conditions, I acknowledge that I am requesting access to portions of my health information and the ability to communicate with my OHSU health care team concerning my health information via the Internet using an electronic application called MyChart. I understand that MyChart does not provide access to my full medical record, but just specific portions of it. If I want a copy of my medical record, I will contact Health Information Management at: 503-494-6288.

I understand and agree with the following:
• The MyChart system is not a substitute for direct care.
• In case of emergency I should contact emergency medical services immediately. MyChart is not to be used in emergencies. If I have an urgent medical need, I should call my provider's office, as it may take up to two (2) business days to receive a response through MyChart.
• I am responsible for updating my contact information, including my email address, in MyChart. I understand that if I do not update my contact information that I may not receive notification messages letting me know that my health care provider has sent me a message in MyChart.
• Contents of any message may become part of my permanent health record. Unless I have proxy access to MyChart for someone else, I will not ask questions that do not pertain to my own health care.
• Since health care providers other than my primary care provider may respond to my MyChart messages, I understand that I should not send sensitive information that I would prefer to share only with my provider. I will save such information to be shared at my next visit or call the clinic to speak with my provider.
• I will not share my MyChart username and password.
• I understand that MyChart enrollment is contingent on verification of my identity in person by an OHSU employee or physician.
• I agree that OHSU may at any time, in its sole discretion and without limitation or prior notice to me, may cease providing the services or make changes to MyChart that may affect the functionality or available features.
• I understand that access to MyChart can be revoked at any time and for any reason by OHSU, without prior notice to me.

MyChart is a free service that allows:
(1) Messaging Between Me and My Health Care Provider. I and my healthcare provider can send secure messages to each other using MyChart. These messages may contain information that is important to my health care so I need to monitor MyChart or provide a valid e-mail address to be notified of when there is a message in my MyChart inbox. The notification messages in e-mails will not contain any health information, but will just provide me a link to MyChart so I can login and read my message(s).

When I send a message to my health care provider through MyChart, it may not be my provider who responds, but someone in the clinic staff will try to get back to me as soon as possible. I should allow two (2) business days for a response. If I need an immediate answer, please call the clinic directly.

A health care provider's ability to respond to MyChart messages is based on the information I provide. If I don't provide enough information or accurate information, the provider may not be able to give me an answer -- or a correct answer.

(2) Making Appointments Online. MyChart gives me the ability to schedule or request appointments. It is my responsibility to request appointments appropriately. If I abuse the privilege or do not show-up to appointments that I scheduled using MyChart, my MyChart access may be revoked.

Using MyChart on Behalf of Someone Else- Proxy Access

I may authorize a proxy to view and interact with OHSU MyChart based on the specific privileges I’ve assigned. I may authorize any person who qualifies for an OHSU MyChart connection, including a minor, to be a proxy. If I have agreed to allow a minor to be a proxy, I agree that I shall be solely responsible for: (a) acceptance of these Terms and Conditions on the minor's behalf, (b) the minor's compliance with these Terms and Conditions, (c) the on-line conduct of such minor; (d) monitoring such minor's access to and use of OHSU MyChart; and (e) the consequences of such minor's use. Access or privileges I give to someone can be modified or removed by me at any time, for any reason. If I share information from OHSU MyChart with another individual, I acknowledge and accept responsibility for my decision to provide them access to potentially sensitive information.

Logging onto MyChart for someone else means I am acting as that person's proxy. I may not access MyChart on behalf of someone else without his/her permission or unless I am that person's legal health care representative (e.g., a person with legal authority to make health care decisions on behalf of the individual).

Individuals age 18 or older may request proxy access to another individual's MyChart account by completing the Proxy Access portion of the MyChart Consent Form and submitting it to the front desk staff at my provider's office. Only one person will be granted proxy access to a MyChart account.

Minors: Only individuals with parental rights or legal guardianship over minors (someone under 15 years of age) shall be provided proxy access to that minor's MyChart account. You will need to submit proof of parental status or legal guardianship to be given access to the minor’s MyChart account. Note: Minor MyChart access will not be as complete as the Adult MyChart access. Under state and federal law, minors are allowed to consent to certain care under the age of 15. Because of these laws, OHSU limits the MyChart information to parents of minor patients who are age 12 to 14. At age 15, the standard proxy access procedure (see paragraph above) must be used by parents or legal guardians or other adults requesting access to the account of a minor. To activate the access, a signed Proxy Access consent form must be obtained from the individual at age 15 years and older.

A MyChart account will be activated for both the proxy and the account holder. If the proxy's legal relationship with the account holder changes, the proxy must inform OHSU immediately by sending a Help Desk message within MyChart.

OHSU reserves the right to revoke proxy access at any time for any reason.

E-mail Privacy

Notifications that I have MyChart messages are sent to the email address that I provide. This means that anyone who knows my email and password to my email account will be able to see the notification (there is no health information in the notification). If I use a work email address, this means that my employer could see the notification as well. If I do not want others to see that you I a MyChart message, pick an email address that only I can access and view.

MyChart Username and Password

I understand that I will create a unique identification code, called a username, as well as a password to be used to access MyChart. The username and password in combination will identify me in the MyChart computer system. The MyChart system will track whenever I log in using my username and password, send messages, or make entries to my health care record. If I am acting as a proxy for someone else, the system will record when I log in for the person for whom I am a proxy, when I send messages, or when I make changes to the individual's health care record.

I will not share my username or password except if I decide to use a third party application for my health information. I understand that someone who has access to my MyChart username and password can make changes to the account without my knowledge or view my health information. If I think someone has learned my username and password, I can change it by clicking on the "Change Password" link on my MyChart Homepage.

Security and Confidentiality

OHSU takes the privacy and security of all health information seriously and is committed to protecting such information. In order to keep my information on MyChart confidential, OHSU:
• Limits its employees' access and ability to enter or view my information
• Uses firewalls, passwords, encryption, and audit trails
• Has taken steps to make all information received through MyChart is as secure as possible against unauthorized access and use, including providing unique Usernames and Passwords

OHSU encrypts personal information using secure socket layer technology (SSL) and follows generally accepted industry standards to protect the personal information submitted via MyChart, both during transmission and once OHSU receives it.

I can tell when I am secure by looking at the location (URL) field. If the URL begins with https:// (instead of http://), the document comes from a secure server. This means my data cannot be read or deciphered by unauthorized individuals. Usernames and passwords provide two layers of authentication and are stored in an encrypted database that is isolated from the Internet. As a MyChart user, my role in maintaining the security of my medical information is: 1) Changing my password on a regular basis, and 2) Keeping my username and password confidential.

Surveys

OHSU may ask me to complete a patient satisfaction survey on MyChart so that we can provide better service. If I respond to the survey, my answers will be anonymous and will not identify me. Survey results may be combined into a larger report, but the report will not include any information that could identify me.

Waiver of Liability

I agree not to hold OHSU or any of its directors, employees, consultant, or agents liable for any loss, injury or claims of any kind resulting from my use of MyChart or MyChart messages. I understand that OHSU takes no responsibility for and disclaims any and all liability, including direct, consequential, indirect and punitive damages, arising from a breach of health record confidentiality resulting from my sharing or losing my Password.

If OHSU discovers that I have misused or abused my MyChart access privileges in any way, including acting as a Proxy, OHSU may discontinue my participation in and access to MyChart, without prior notice.

OHSU does not assume any responsibility for misuse of MyChart services used by authorized persons.

Disclaimers

MyChart may not be available at all times due to system failures, back-up procedures, maintenance, or other causes beyond the control of OHSU. Access is provided on an "as-is, as-available" basis and OHSU does not guarantee access to MyChart at any particular time. During times when MyChart is unavailable, please use other communication methods (e.g., telephone) to reach your OHSU health care provider.

ALL INFORMATION IN MYCHART IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. OHSU SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, ACCURACY, NON-INFRINDGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY AGAINST INTERFERENCE WITH YOUR OPERATION OR ENJOYMENT OF THE SERVICES. OHSU DOES NOT PROVIDE ANY WARRANTY REGARDING THE SECURITY OR AVAILABILITY OF THE SERVICES OR THE SERVICE PORTAL, THAT THE SERVICES ARE FREE FROM ERROR, OR WITH REGARD TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED DURING YOUR USE OF THE SERVICES. I UNDERSTAND THAT OHSU TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, AND PUNITIVE DAMAGES) ARISING FROM ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR MY INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT I USE TO ACCESS MYCHART. I UNDERSTAND THAT IF I DOWNLOAD OR OTHERWISE TAKE INFORMATION FROM MYCHART THAT INFORMATION IS NOW IN MY POSSESSION AND I AM SOLELY RESPONSIBLE FOR MAINTAINING THE INFORMATION IN ANY MANNER I SEE IT. OHSU IS NOT RESPONSIBLE FOR ANY INFORMATION I DOWNLOAD OR OTHERWISE SHARE FROM MYCHART.

When I accept and comply with these Terms and Conditions, I receive a free, limited, non-exclusive and non-transferrable, personal, non-commercial license to use MyChart in accordance with these Terms and Conditions, as amended from time to time.

Video Visits and e-Visits

Participating health care providers with whom I have connections may offer medical consultation through video visits or electronic visits (e-Visits). If I initiate a video visit or e-Visit with a participating provider, I represent that I meet all applicable criteria for the video visit or e-Visit that are defined when I start the process. Information I provide to my health care provider during a video visit or e-Visit must be true, accurate and complete. This tool is not responsible for any false or misleading information I provide, or any other misrepresentations I make, during my video visit or e-Visit.

MyChart Accounts with Other Providers

I understand that I may be offered the opportunity to link my MyChart account with another provider to my OHSU MyChart account if that other provider has Epic’s Happy Together functionality. If I agree to such a link, this means that I will be able to view my health information from OHSU and the other provider through my OHSU MyChart account. I understand that these Terms and Conditions apply to my use of OHSU MyChart if I decide to link my MyChart accounts. Further, OHSU makes no warranty of any kind regarding the accuracy, completeness or appropriateness of medical information that has been incorporated into my OHSU MyChart account from another provider.

If I have proxy access on someone else’s behalf, I understand that I may be offered the opportunity to link the other person’s MyChart account with another provider to his/her OHSU MyChart account if that other provider has Epic’s Happy Together functionality. If I agree to such a link, I attest that I have the other person’s permission to link the MyChart accounts or I am that person's legal health care representative (e.g., a person with legal authority to make health care decisions on behalf of the individual). Once the MyChart accounts are linked, I understand that I will be able to view the other person’s health information from OHSU and the other provider in OHSU MyChart. I understand that these Terms and Conditions apply to my use of OHSU MyChart if I link MyChart accounts. Further, OHSU makes no warranty of any kind regarding the accuracy, completeness or appropriateness of medical information that has been incorporated into the other person’s OHSU MyChart account from another provider.

Third Party Applications, Programs, Activities and Services

If I find a third party application that I would like to use to access and import my health information or the health information of a person for which I have proxy access, I understand that I may do so through OHSU MyChart. If I have proxy access to someone else’s MyChart account and use a third party application to access the person’s health information, I attest that I have the other person’s permission to import his/her health information into the third party application or I am that person's legal health care representative (e.g., a person with legal authority to make health care decisions on behalf of the individual). I understand that my OHSU MyChart username and password will be used to allow the third party application to access and import health information into the third party application. OHSU reserves the right to disable any third party application if needed (e.g., for security reasons). I understand that OHSU does not endorse any applications, programs, activities or services offered by third parties. OHSU makes no warranty of any kind as to the security, accuracy, completeness or appropriateness of any such applications, programs, activities and services.

[END OF OHSU TERMS AND CONDITIONS. MID-COLUMBIA MEDICAL CENTER (MCMC) TERMS AND CONDITIONS BEGIN BELOW:]

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MID-COLUMBIA MEDICAL CENTER and MID-COLUMBIA OUTPATIENT CLINICS (MCMC)

TERMS OF USE AGREEMENT FOR mychartmcmc.cc.ohsu.edu


Welcome to mychartmcmc.cc.ohsu.edu (the "Website"), a service provided by Mid-Columbia Medical Center and Clinics (also identified as MCMC). Use of the Website is governed by the terms and conditions of this agreement ("Terms"). Please read these terms and conditions carefully. If you do not agree to the terms and conditions in the Terms, then please do not use the Website.

A. Your Agreement

For purposes of the Terms, "you" means the person using the Website. If you are using this Website on behalf of an entity, then "you", meaning you as an individual patient or proxy. By using the Website, you are indicating that you have read, understand and agree to be bound by the policies, terms and conditions set forth in the Terms in their entirety without limitation or qualification, as well as all applicable laws and regulations, as if you had handwritten your name on a contract.

B. Modifications to the Terms

Mid-Columbia Medical Center and Clinics may revise the Terms at any time. By using the Website, you agree to be bound by the current form of the Terms. It is your responsibility to return to the Terms from time to time to review the most current terms and conditions. MCMC does not and will not assume any obligation to notify you of changes to the Terms. MCMC reserves the right, but has no obligation, to make changes to the Website and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to the Website.

C. Accounts

You understand and agree to the following terms with regard to your account on the Website:
• To provide complete and accurate information to create your account and to keep your account information up-to-date;
• Your enrollment of the services provided through the Website is contingent on verification of your identity;
• To choose a user name and password for your account. You understand that it is your responsibility to choose a login and password and to maintain the confidentiality of your password. If you share your password with anyone, it may jeopardize the security of your account. You agree to notify MCMC promptly if you become aware that your password or account has been used without your consent. To do so, please contact us at 541-506-6499 or email mymcmchelp@mcmc.net;
• To inform MCMC if you transfer care to another medical organization;
• That MCMC may refuse to grant you, and that you may not use, a login that belongs to or is already being used by another user or that is offensive, in our sole discretion;
• Not to impersonate any other person, thing or entity through your login or otherwise on the Website;
• Not to access anyone else's Website account without proper and valid proxy authorization;
• To use the Website or email associated with the Website only to ask questions about your health, or the health of person for whom you are a proxy;
• Not to use the Website if you are a person who is barred from receiving MCMC services through the Website under the laws of the U.S. or any other country;
• That MCMC may temporarily or permanently discontinue providing the Website at any time and that as a result you may be prevented from accessing the Website, your account, or information stored in your account;
• To be solely responsible for all activities that occur under your account; and
• That any hardware and software required to use the Website is your responsibility; and in the event that the Website sends messages to your mobile device, that you are solely responsible for any rates and fees charged by your mobile carrier. You also agree to update your mobile device account information within 48 hours of any deactivation of a mobile device so that a person who acquires your old number will not receive information intended for you or incur charges.

D. Prohibited Conduct

You agree not to use the Website to:
• Harass, stalk, bully or advocate harassing, stalking or bullying another person;
• Post or transmit content or information that is offensive, pornographic, hateful, threatening, defamatory or that creates a risk to anyone’s privacy or safety;
• Solicit personal information from anyone under 18 years of age;
• Upload or transmit unsolicited commercial messages (Spam), junk mail, pyramid schemes, chain letters or similar materials or information or viruses, worms or other malicious code;
• Violate a law or infringe anyone's rights, including privacy rights, copyrights, trademarks, patents and trade secrets, privacy or publicity rights;
• Forge, manipulate, alter or affect or attempt to forge, manipulate, alter or affect the Website, the Materials, any feature or program of the Website or the Materials;
• Interfere with, circumvent, disable or attempt to interfere with, circumvent or disable the Website, the proper working of the Website, security features of the Website, the equipment connected to the Website or any service provided on or through the Website;
• Impose an unreasonable or disproportionately large load on the infrastructure of the Website or MCMC's systems or networks, or any systems or networks connected to the Website;
• Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website);
• Create a database by downloading and storing the Materials or any part thereof or any information provided through or on the Website (though a data file may be delivered to you via the Website), or
• Violate the Terms or encourage or assist anyone to violate the Terms.

• You agree not to do any of the following without MCMC's written permission:
• Use, copy, republish, upload, distribute, collect, modify, transmit, or post the Materials (defined in Section H below) or any part thereof in any medium;
• Modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of the Materials on the Website, in whole or in part;
• Mirror, frame or use framing techniques to enclose the Website, the Materials or any part thereof;
• Access or attempt to access the Website or collect or index information provided to the Website using any automated means, such as robots, spiders, scrapers, scripts, harvesting 'bots, or similar means or equivalent manual processes;
• Solicit, trace or otherwise collect any information from users or visitors of the Website;
• Reverse engineer, decompile or otherwise extract source code provided on or through the Website; and
• Use the Website for commercial activities.

E. Privacy

MCMC agrees to treat your private information in accordance with the terms of our then current Notice of Privacy Practices and privacy policy, which is linked here for all purposes. You agree to MCMC's use of your personal information in accordance with the privacy policy. You agree that if You or your proxy releases your medical information to a third party, this is at your own risk. MCMC Notice of Privacy Practices: https://www.mcmc.net/notice-of-privacy-practices/

F. Email

MCMC will use it best efforts to provide a timely response to electronic inquiries. In some cases, the clinic staff that needs to respond to an electronic inquiry or other communication may not be immediately available; allow at least three (3) business days for a response. The contents of any email may become part of your permanent medical record. An audit trail of your use and access is maintained in the record. MCMC is only able to respond to electronic communications based on the information provided by you or your proxy. If there is insufficient information provided, MCMC will be unable to provide accurate and reliable services.

As a user of the Website, you will be notified via email when there is new medical information to be viewed. This means that any person with access to your email will be able to see this notification. Although no private medical information will be sent, the notification that new medical information is available may be information that you would not want others to know. You should take this into account when providing an email address.

G. Disclaimers

You expressly agree that you use the Website at your own risk. Neither MCMC, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, sponsors, or licensors or the like (collectively, "Providers") warrant that the Website will be uninterrupted or error-free, the results that may be obtained from the use of the Website, or the accuracy, completeness, reliability, security or currency of the Materials (defined in Section H below). The Website and the Materials may contain errors, omission, inaccuracies, or outdated information. Further, MCMC does not warrant the reliability of, guarantee or endorse any advice, opinion, statement, advertisement or other information displayed or distributed through the Website. To the maximum extent permitted by law, MCMC disclaims any responsibility for any transaction between you and another user of the Website, including, but not limited to, health care providers, other users and advertisers. During times when the Website is unavailable, please use other communication methods to reach your health care provider.

The Website is not to be used in the case of an emergency. In an emergency, contact 911 or visit an emergency facility.

MCMC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website or the Materials, but has no obligation to make any corrections. MCMC may make any other changes to the Website, the Materials and the products, programs, services or prices (if any) described in or offered through the Website at any time without notice.

THE WEBSITE AND THE INFORMATION, PRODUCTS, SERVICES, CONTENT AND MATERIALS ON THE WEBSITE ARE PROVIDED BY MCMC ON AN "AS IS," "WHERE IS," "WHERE AVAILABLE" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MCMC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, PRODUCTS, INFORMATION, ADVERTISEMENTS OR THE MATERIALS PROVIDED ON OR THROUGH THE WEBSITE. MCMC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, ADVERTISEMENTS AND INFORMATION PROVIDED ON OR THROUGH THE WEBSITE AND ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON OR THROUGH THE WEBSITE OR YOUR USE OF THE WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A PROVIDER OR OTHER REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND.

H. Intellectual Property Ownership and Licenses

You understand and agree that the Website and all content provided on the Website, such as text, graphics, logos, icons, tags, images, audio-visual works, videos, information, data, photographs, graphs, typefaces, music, sounds, features, software and other material (the "Materials"), is the property of MCMC, its affiliates or its licensors and is protected by copyrights, trademarks, trade secrets, patents and other proprietary rights in all forms whether existing now or hereinafter developed. The Website is copyrighted as a collective work under the U.S. copyright laws (17 U.S.C. § 101, et. seq.) and international treaty provisions, and MCMC, or its licensors, owns a copyright in the selection, coordination, arrangement and enhancement of the Materials, and in the look and feel of the Website. All software used on the Website is the property of MCMC or its licensors and is protected by U.S. and international copyright laws. All trademarks, service marks, names, and logos located on the Website are the property of MCMC or its licensors. Your use of any mark, name or logo located on the Website without express permission of MCMC, or the trademark owner, is strictly prohibited

MCMC grants you a limited, revocable, nonexclusive, non-transferable, personal license to access and display the Materials on the Website for personal, non-commercial use only, for the sole purpose of viewing the Materials and information provided on or through the Website, and subject to and conditioned on your continued compliance with the terms and conditions in the Terms. This license is granted solely to allow you to use and enjoy the Website as permitted by the Terms. You agree not to remove, alter or obscure any proprietary notices provided in or with the Materials. All rights not expressly granted in the Terms are reserved.

I. Proxy Access

Proxy access allows individuals 18 years or older to access the account of an individual who is a minor or incapacitated, or an individual who has granted permission for such person to have access. To apply for proxy access you must complete a Proxy Access Request Form and submit it to any Provider Clinic or facility within the MCMC organization where the minor or incapacitated person receives services.

Individuals requesting access to an account of someone else will only be granted access where the account holder has completed a Proxy Access Authorization Form allowing such access or upon demonstration of the legal right to the access the account holder's medical information.

Parents or guardians of minor children will be granted access to the minor's account only upon demonstrating proof of parental status or legal guardianship over the account holder. Note that State and Federal laws prohibit a parent's or guardian's access to certain types of medical information without consent of the minor patient. Because of these legal requirements, MCMC limits the information provided to parents or legal guardians of minor patients. Proxy access granted to a parent or guardian of a minor will expire when the minor reaches the age of 15. To meet applicable legal responsibilities, MCMC reserves the right to suspend proxy access to a minor patient's account at any time on or after such minor patient's 12th birthday. Proxy access to such an account may remain suspended until MCMC receives legally valid, voluntary authorization from the minor patient to release the information.
If the proxy holder's legal relationship with the account holder changes, the proxy holder is required to inform MCMC immediately. If the legal authorization to act as guardian expires or is terminated, then the proxy holder shall immediately discontinue all use of and access to the account holder's account.

An account holder shall notify MCMC immediately upon any termination or revocation of proxy authorization. If an account holder terminates the proxy holder's authorization, then the proxy holder shall immediately discontinue all use of and access to the account holder's account.

MCMC reserves the right to revoke proxy access at anytime for any reason.

J. Your Representations and Warranties

By using the Website, you represent and warrant that:
• You are 15 years of age or older or an emancipated minor;
• You understand and agree that the Terms is a legally binding agreement and the equivalent of a signed, written contract;
• You will use the Website in a manner consistent with all laws and regulations and in accordance with the terms and conditions of the Terms;
• If you are a proxy holder, you will stop all use of and access to the account for which proxy authorization applied immediately upon revocation or termination of proxy authorization or termination of your legal right as guardian, parent or otherwise to access the account holder's health information;
• Any content that you provide to the Website is original to you and does not violate the rights of any third party, including, without limitation, any intellectual property rights and rights of publicity and/or privacy;
• You will provide only true, accurate, complete and current information to the Website;
• You will not impersonate any person or entity; and
• You will not provide MCMC with information that is false or misleading, or otherwise deceive MCMC whether through action or omission.

K. MCMC Rights

MCMC reserves the following rights:
• To terminate or suspend the account of anyone who violates the Terms;
• To change or alter the Website, the form and nature of the Website or any services provided through the Website, including changes to the payment terms for some or all uses of the Website, at any time;
• To review, modify, filter, delete and remove any and all content and information from the Website;
• To aggregate, share and use any data that you provide, enter or submit, or that others provide, enter or submit on your behalf, on or through the Website on the condition that such data is anonymous;
• To cooperate with any law enforcement, court or government investigation or order requesting or directing MCMC to disclose information or content or information that you provide or that is provided on your behalf, or if MCMC decides that such disclosure is in its or its customers best interests;
• To display advertising and promotions, which may be targeted to certain users or sections of the Website that may not be identified as paid advertisements or promotions; and
• To provide you with notices, including those regarding the Terms, by email, postings to your Website account or by other means.

You agree that the foregoing are rights of, but not obligations of, MCMC and that MCMC may, but is not obligated to exercise any of these rights.

L.Waiver of Liability

To the maximum extent permitted by law, You agree not to hold MCMC or any of its directors, employees, consultant or agents liable for any loss, injury or claims of any kind resulting from messages received in connection with or through the Website. You understand that MCMC takes no responsibility for and expressly disclaims any and all liability, including direct, consequential, indirect, and punitive damages, arising from breach of health record confidentiality resulting from sharing, not adequately protecting or losing your Password.

M. Limitation of Liabilities

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT MCMC AND ITS PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR EXPENSE OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF INFORMATION, EMOTIONAL DAMAGE, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO (1) YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, PRODUCTS, ADVERTISEMENTS OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, (2) ANY OTHER PRODUCTS, SERVICES OR INFORMATION OFFERED, SOLD OR DISPLAYED ON OR THROUGH THE WEBSITE, (3) YOUR USE OF, INABILITY TO USE OR RELIANCE ON THE WEBSITE AND/OR THE MATERIALS, (4) ERRORS, MISTAKES OR INACCURACIES IN THE MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, (5) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE, (6) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION CONCERNING YOU STORED THEREIN, (7) ANY INTERRUPTION OR CESSATION OF THE WEBSITE OR TRANSMISSIONS TO OR FROM THE WEBSITE, (8) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, OR (9) ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE BASED UPON INFORMATION CONTAINED OR PROVIDED ON OR THROUGH THE WEBSITE, REGARDLESS OF WHETHER MCMC ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND SERVICES PROVIDED THROUGH OR ON THE WEBSITE IS TO STOP USING THE WEBSITE OR SERVICES.

N. Indemnification

You agree to indemnify, defend and hold harmless MCMC and its Providers from and against any and all third party claims, damages, obligations and expenses, including reasonable attorneys' fees, arising out of or related in any way to your (a) use of the Website in violation of the Terms; (b) violation of any law or regulation; or (c) violation of any third party right, including intellectual property, proprietary and privacy rights.

P. Disputes

Any dispute relating in any way to your use of the Website shall be submitted to confidential arbitration in The Dalles, Oregon, except that, to the extent you have in any manner violated or threatened to violate MCMC's or its licensor's intellectual property rights, MCMC may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association using a single arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under the Terms shall be joined to an arbitration involving any other party subject to the Terms, whether through class arbitration proceedings or otherwise. If the prior sentence prohibiting joinder and class arbitration is held unenforceable, then the entire first paragraph of this Section P will also be unenforceable. You are responsible for your use of the Website, including all interactions with other users of the Website and all health care providers through the Website. MCMC is not an arbiter of user disputes. MCMC reserves the right, but has no obligation, to become involved in any such dispute.

Q. Limitations on Claims

Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises.

R. Termination

Without limiting its other remedies, MCMC may issue a warning, temporarily suspend, indefinitely suspend or terminate the Terms and your access to the Website and your account, or the account for which you are a proxy holder, if you fail to comply with any term or condition of the Terms. MCMC may take such actions without providing you prior notice or a refund of any pre-paid fees and at its sole discretion. Upon such violation, you agree to terminate access to the Website. Upon termination, those provisions of the Terms that expressly or by their nature survive will continue in full force and effect.

S. Hyperlink Disclaimers

As a convenience to you, MCMC may provide links to third party websites, advertisements, applications or content, including health care provider’s sites. If you click on these links, you will leave the Website and will do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Some of these external links are not maintained, controlled or otherwise governed by MCMC. MCMC does not endorse, make any representations regarding or warrant any information, goods and/or services appearing and/or offered on these sites. A link to these external links does not imply that MCMC sponsors, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any of these external sites are authorized to use any trademark, trade name, logo or copyright of MCMC or any of its affiliates. MCMC is neither responsible for nor will it be liable under any theory based upon any information, product and/or content found on any site(s) linked to or from myMCMC. MCMC reserves the right to discontinue any external link at any time without prior notice.

T. Geographic Scope of Use

MCMC makes no representation that the Website or the Materials are appropriate or available for use at locations outside of the United States. Access to the Website and the Materials from territories where they are illegal is prohibited. You may not use the Website or export the Materials in violation of U.S. export laws and regulations. If you access the Website from locations outside of the U.S., you are responsible for compliance with all local laws.

U. Entire Agreement and Assignment

The Terms, together with all documents and policies referenced herein, constitutes the entire agreement between MCMC and you with respect the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and MCMC with respect to the Website, except for any separate written agreement between you and MCMC that by its terms is not superseded by the Terms. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of the Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign the Terms or any part of the Terms without the express written consent of MCMC. You agree that MCMC may assign the Terms or any part of the Terms at any time and for any reason without your consent.

V. Severability

In the event that any provision in or obligation under the Terms is held invalid, illegal or unenforceable, the validity, legality or enforceability of other provisions in or obligations under the Terms will not in any way be affected or impaired thereby.

W. Our Policy Concerning Children

The Website is not intended for use by children. If you are under 15 years of age, you may use the Website only with the involvement and permission of a parent or guardian.

X. Contact Information

If you have any questions regarding the Terms, then feel free to contact us at:

Attn: Privacy Officer
Mid-Columbia Medical Center
1700 E. 19th Street
The Dalles, OR 97058

P: 541.296.7299

MyChart Accounts with Other Providers

I understand that I may be offered the opportunity to link my MCMC MyChart account with that of another provider if that other provider has the "Happy Together" functionality. If I agree to such a link, this means that I permit MCMC to obtain that information. I will be able to view my health information from MCMC and the other provider through my MCMC MyChart account. I understand that these Terms and Conditions apply to my use of MCMC MyChart if I decide to link my MyChart accounts. Further, MCMC makes no warranty of any kind regarding the accuracy, completeness or appropriateness of medical information that has been incorporated into my MyChart account from another provider. If I later decide not to participate in "Happy Together" combination of records, I can decline access by Unlinking from the Manage My Account option.

If I have proxy access on someone else’s behalf, I understand that I may be offered the opportunity to link the other person’s MyChart account with another provider to his/her MCMC MyChart account if that other provider has "Happy Together" functionality. If I agree to such a link, I attest that I have the other person’s permission to link the MyChart accounts or I am that person's legal health care representative (i.e., a person with legal authority to make health care decisions on behalf of the individual). Once the MyChart accounts are linked, I understand that I will be able to view the other person’s health information from MCMC and from the other provider in MCMC MyChart. I understand that these Terms and Conditions apply to my use of MCMC MyChart if I link MyChart accounts. Further, MCMC makes no warranty of any kind regarding the accuracy, completeness or appropriateness of medical information that has been incorporated into the other person’s MyChart account from another provider. If either the other person or I later decide not to participate in "Happy Together" combination of records, we can decline access by Unlinking from the Manage My Account option.

Third-Party Applications, Programs, Activities and Services

If I find a third-party computer application that I would like to use to access and extract a copy of my health information or the health information of a person for whom I have proxy access, I understand that I may do so through MCMC MyChart. If I have proxy access to someone else’s MyChart account and use a third-party application to access the person’s health information, I attest that I have the other person’s permission to copy his/her health information into the third-party application or I am that person's legal health care representative (i.e., a person with legal authority to make health care decisions on behalf of the individual). I understand that my MCMC MyChart username and password will be used to allow the third-party application to access and copy health information from MyChart into the third-party application. MCMC reserves the right to disable any third-party application if needed (e.g., for security reasons). I understand that MCMC does not endorse any applications, programs, activities or services offered by third parties. MCMC makes no warranty of any kind as to the security, accuracy, completeness or appropriateness of any such applications, programs, activities and services.

[END OF MID-COLUMBIA MEDICAL CENTER (MCMC) TERMS AND CONDITIONS. TUALITY HEALTHCARE TERMS AND CONDITIONS BEGIN BELOW:]

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TUALITY HEALTHCARE
TERMS OF USE AGREEMENT FOR mycharttuality.ohsu.edu


Overview

Welcome to mycharttuality.ohsu.edu (Tuality MyChart), a service provided by Tuality Healthcare (also identified as Tuality). Tuality MyChart provides a view into my Electronic Medical Record (EMR) and gives me a secure way to communicate with my care team. However, the information available for me to view through Tuality MyChart is not a comprehensive view of all the data in my EMR.

Tuality MyChart is governed by these Terms of Use (Terms). Please read these terms and conditions carefully. If I do not agree to these Terms, I may not establish a Tuality MyChart connection. By using or accessing Tuality MyChart I agree to be bound by these Terms.

Use of Tuality MyChart for Health Care Services

By agreeing to these Terms, I acknowledge that I am requesting access to portions of my health information and the ability to communicate with my Tuality health care team concerning my health information via the Internet using an electronic application called Tuality MyChart. I understand that Tuality MyChart does not provide access to my full medical record, but just specific portions of it. If I want a copy of my medical record, I will contact Health Information Management at: 503-681-1195 (8 a.m. to 4:30 p.m., Mon-Fri).

I understand and agree with the following:
• The Tuality MyChart system is not a substitute for direct care.
• In case of emergency I should contact emergency medical services immediately. Tuality MyChart is not to be used in emergencies. If I have an urgent medical need, I should call my provider’s office, as it may take up to two (2) business days to receive a response through Tuality MyChart.
• I am responsible for updating my contact information, including my email address, in Tuality MyChart. I understand that if I do not update my contact information that I may not receive notification messages letting me know that my health care provider has sent me a message in Tuality MyChart.
• Contents of any message may become part of my permanent health record. Unless I have proxy access to Tuality MyChart for someone else, I will not ask questions that do not pertain to my own health care.
• Since health care providers other than my primary care provider may respond to my Tuality MyChart messages, I understand that I should not send sensitive information that I would prefer to share only with my provider. I will save such information to be shared at my next visit or call the clinic to speak with my provider.
• I will not share my Tuality MyChart Username and Password.
• I understand that Tuality MyChart enrollment is contingent on verification of my identity in person by a Tuality employee or physician.
• I agree that Tuality may at any time, in its sole discretion and without limitation or prior notice to me, may cease providing the services or make changes to Tuality MyChart that may affect the functionality or available features.
• I understand that access to Tuality MyChart can be revoked at any time and for any reason by Tuality, without prior notice to me.

Tuality MyChart is a free service that allows:
(1) Messaging Between I and my health care provider. I and my healthcare provider can send secure messages to each other using Tuality MyChart. These messages may contain information that is important to my health care so I need to monitor Tuality MyChart or provide a valid e-mail address to be notified of when there is a message in my Tuality MyChart inbox. The notification messages in e-mails will not contain any health information, but will just provide me a link to Tuality MyChart so I can login and read my message(s).

When I send a message to my health care provider through Tuality MyChart, it may not be my provider who responds, but someone in the clinic staff will try to get back to me as soon as possible. I should allow two (2) business days for a response. If I need an immediate answer, please call the clinic directly.

A health care provider's ability to respond to Tuality MyChart messages is based on the information I provide. If I don’t provide enough information or accurate information, the provider may not be able to give me an answer -- or a correct answer.

(2) Making Appointments Online. Tuality MyChart gives me the ability to schedule or request appointments. It is my responsibility to request appointments appropriately. If I abuse the privilege or do not show-up to appointments that I scheduled using Tuality MyChart, my Tuality MyChart access may be revoked.

Creating and Accessing Tuality MyChart

I must be at least 13 years old to establish a connection to Tuality MyChart.

I will not share my Tuality MyChart username and password and the use of my account is my responsibility, except for a third party application for the purpose of sharing my health information. If I learn or suspect that my user name or password has been wrongfully used or disclosed, I should promptly notify us and immediately reset my password. To help ensure the security of my password or account, I will sign out of my account at the end of each session.

Maintaining Another Person's Connection

If I am legally authorized to view another person's health information, I may be given access to Tuality MyChart for that person, subject to these Terms. Various federal and state laws and regulations may prohibit sharing certain categories of sensitive information with anyone other than the patient, including, in some cases, sharing sensitive information about minors with their parents or legal guardians. As such, we may restrict my access to the other person's sensitive information and not make it available to me through Tuality MyChart.

Proxy Use of Tuality MyChart

I may also authorize a proxy(ies) to view and interact with Tuality MyChart based on the specific privileges I've assigned. I may authorize any person who qualifies for a Tuality MyChart connection, including a minor, to be a proxy. If I have agreed to allow a minor to be a proxy, I agree that I shall be solely responsible for: (a) acceptance of these Terms on the minor's behalf, (b) the minor's compliance with these Terms, (c) the on-line conduct of such minor; (d) monitoring such minor's access to and use of Tuality MyChart; and (e) the consequences of such minor's use. Access or privileges I give to someone can be modified or removed by me at any time, for any reason.

If I share information from Tuality MyChart with another individual, I acknowledge and accept responsibility for my decision to provide them access to potentially sensitive information.

Video Visits and e-Visits

Participating health care providers with whom I have connections may offer medical consultation through video visits or electronic visits (e-Visits). If I initiate a video visit or e-Visit with a participating provider, I represent that I meet all applicable criteria for the video visit or e-Visit that are defined when I start the process. Information I provide to my health care provider during a video visit or e-Visit must be true, accurate, and complete. This tool is not responsible for any false or misleading information I provide, or any other misrepresentations I make, during my video visit or e-Visit.

Disclosure of Information

We may, in our sole and reasonable discretion, disclose any information necessary to satisfy applicable law, regulation, legal process or governmental request.

Privacy

I agree to the terms and conditions of the Privacy Policy, which is incorporated into and made part of these Terms.

MyChart Accounts with Other Providers

I understand that I may be offered the opportunity to link my MyChart account with another provider to my Tuality MyChart account if that other provider has Epic’s Happy Together functionality. If I agree to such a link, this means that I will be able to view my health information from Tuality and the other provider through my Tuality MyChart account. I understand that these Terms of Use apply to my use of Tuality MyChart if I decide to link my MyChart accounts. Further, Tuality makes no warranty of any kind regarding the accuracy, completeness or appropriateness of medical information that has been incorporated into my Tuality MyChart account from another provider.

If I have proxy access on someone else’s behalf, I understand that I may be offered the opportunity to link the person’s MyChart account with another provider to his/her Tuality MyChart account if that other provider has Epic’s Happy Together functionality. If I agree to such a link, I attest that I have the other person’s permission to link the MyChart accounts or I am that person's legal health care representative (e.g., a person with legal authority to make health care decisions on behalf of the individual). Once the MyChart accounts are linked, I understand that I will be able to view the other person’s health information from Tuality and the other provider in Tuality MyChart. I understand that these Terms of Use still apply to my use of Tuality MyChart if I link the other person’s MyChart accounts. Further, Tuality makes no warranty of any kind regarding the accuracy, completeness or appropriateness of medical information that has been incorporated into the other person’s Tuality MyChart account from another provider.

Third Party Applications, Programs, Activities and Services

If I find a third party application that I would like to use to access and import my health information or the health information of a person for which I have proxy access, I understand that I may do so through Tuality MyChart. If I have proxy access to someone else’s MyChart account and use a third party application to access the person’s health information, I attest that I have the other person’s permission to import his/her health information into the third party application or I am that person's legal health care representative (e.g., a person with legal authority to make health care decisions on behalf of the individual). I understand that my Tuality MyChart username and password will be used to allow the third party application to access and import health information into the third party application. Tuality reserves the right to disable any third party application if needed (e.g., for security reasons). I understand that Tuality does not endorse any applications, programs, activities or services offered by third parties. Tuality makes no warranty of any kind as to the security, accuracy, completeness or appropriateness of any such applications, programs, activities and services.

External Links

In order to provide me with greater value, Tuality MyChart may provide me with links to various third party Web sites. Even if a third-party affiliation exists between us and that destination site, we exercise no authority over linked sites, each of which maintains independent privacy and data collection policies and procedures. We assume no responsibility or liability for these independent methods or actions and are not responsible for the independent policies or procedures of destination sites. Similarly, we cannot take responsibility for the privacy initiatives or the content of such Web sites. These destination links are provided only for my convenience, and as such, I access them at my own risk.

No Warranties; Limitation of Liability

I am responsible for any acts or omissions relating to my use of TUALITY MYCHART and for any damages incurred as a result thereof. TUALITY MYCHART IS PROVIDED TO ME "AS IS" WITHOUT WARRANTY OF ANY KIND. TUALITY DOES NOT, AND ITS SUPPLIERS DO NOT, (I) WARRANT THE RELIABILITY OR AVAILABILITY OF TUALITY MYCHART OR (II) GUARANTEE THAT TUALITY MYCHART WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. TUALITY AND ITS SUPPLIERS EACH DISCLAIM, TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS AND IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, TUALITY DISCLAIMS ON ITS BEHALF AND ITS SUPPLIERS' BEHALF, ALL RESPONSIBILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND LOST PROFITS, REVENUES OR DATA.

IF I AM DISSATISFIED WITH TUALITY MYCHART, OR WITH THESE TERMS, MY SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING TUALITY MYCHART.

Indemnification

I AGREE TO INDEMNIFY, DEFEND, AND HOLD TUALITY AND ITS SUPPLIERS HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, AND EXPENSES ARISING OUT OF OR RELATED TO ITS USE OF TUALITY MYCHART.

Termination

Tuality MyChart services may terminate at any time. My account access may be terminated, suspended or deleted, at any time and for any reason, without providing notice to me.

No Unlawful or Prohibited Use

You may not use Tuality MyChart for any purpose that is unlawful, immoral or is otherwise prohibited by these Terms. I may not use Tuality MyChart in any manner which could damage, disable, overburden, or impair Tuality MyChart or interfere with any other party's use and enjoyment of Tuality MyChart. I may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided to me through Tuality MyChart.

Notices

Tuality may deliver notice to me by means of electronic mail, a general notice on its website, or by written communication delivered by first class U.S. mail to my address in Tuality's records. I may give notice to Tuality at any time by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

Tuality Healthcare
335 SE 8th Ave.
Hillsboro, OR 97123

General

These terms are governed by the laws of Tuality's place of business. Any cause of action or claim I may have with respect to Tuality MyChart must be commenced within one (1) year after the claim or cause of action arises. Tuality's failure to enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Tuality may assign its rights and duties to any party at any time without notice to me, and may provide services to me though our business partners and suppliers.

Tuality's performance of these Terms is subject to existing laws and legal process, and nothing contained in these terms is in derogation of our obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of Tuality MyChart or information provided to or gathered by us with respect to such use. If any part of these Terms is determined to be invalid or unenforceable then the invalid or unenforceable provision shall be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. Unless specified otherwise as I use Tuality MyChart, these Terms constitute our entire agreement with respect to Tuality MyChart and these Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between us with respect to Tuality MyChart.

Notification of changes to this Terms of Use

These Terms may be revised from time to time as we add new features and services, as laws change, and as industry privacy and security practices evolve. However, Tuality will take reasonable steps to notify me of material changes Tuality makes to these Terms. Tuality will display an effective date on the terms above so that it will be easier for me to know when there has been a change. I am responsible for regularly reviewing these Terms. My continued use of Tuality MyChart constitutes my acceptance of the revised terms. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice.

Copyright and Trademark Notices

I understand and agree that Tuality MyChart and all content provided on Tuality MyChart, such as text, graphics, logos, icons, tags, images, audio-visual works, videos, information, data, photographs, graphs, typefaces, music, sounds, features, software and other material (the “Materials”), is the property of Tuality Healthcare, its affiliates or its licensors and is protected by copyrights, trademarks, trade secrets, patents and other proprietary rights in all forms whether existing now or hereinafter developed. Tuality MyChart is copyrighted as a collective work under the U.S. copyright laws (17 U.S.C. § 101, et. seq.) and international treaty provisions, and Tuality, or its licensors, owns a copyright in the selection, coordination, arrangement and enhancement of the Materials, and in the look and feel of Tuality MyChart. All software used on Tuality MyChart is the property of Tuality or its licensors and is protected by U.S. and international copyright laws. All trademarks, service marks, names, and logos located on Tuality MyChart are the property of Tuality or its licensors. my use of any mark, name or logo located on the Website without express permission of Tuality, or the trademark owner, is strictly prohibited

Tuality grants me a limited, revocable, nonexclusive, non-transferable, personal license to access and display the Materials on the Tuality MyChart website for personal, non-commercial use only, for the sole purpose of viewing the Materials and information provided on or through the website, and subject to and conditioned on my continued compliance with the terms and conditions in the Terms. This license is granted solely to allow me to use and enjoy Tuality MyChart as permitted by the Terms. I agree not to remove, alter or obscure any proprietary notices provided in or with the Materials. All rights not expressly granted in the Terms are reserved.

Disputes

Any dispute relating in any way to my use of Tuality MyChart shall be submitted to confidential arbitration in Hillsboro, Oregon, except that, to the extent I have in any manner violated or threatened to violate Tuality’s or its licensor’s intellectual property rights, Tuality may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association using a single arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under the Terms shall be joined to an arbitration involving any other party subject to the Terms, whether through class arbitration proceedings or otherwise. If the prior sentence prohibiting joinder and class arbitration is held unenforceable, then the entire first paragraph of this section will also be unenforceable. I am responsible for my use of Tuality MyChart, including all interactions with other users of Tuality MyChart and all health care providers through Tuality MyChart.

Limitations on Claims

Any cause of action I may have with respect to my use of the Tuality MyChart must be commenced within one (1) year after the claim or cause of action arises.