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BAYCARE HEALTH SYSTEM PATIENT PORTAL END USER LICENSE AGREEMENT

Introduction

Important: Please read the terms and conditions of this Patient Portal End User License Agreement (“Agreement”) before clicking “I Accept.”  By accepting this Agreement, You agree to be bound by its terms.  This Agreement contains the terms and conditions that govern access to portions of Your medical records, such as lab results, clinic visit summaries, hospital discharge summaries, and any such other of Your information contained in BayCare Health System, Inc.’s Patient Portal, by all Patient Portal Participants, and their Authorized Users (both as defined below). 

Definitions

In this Agreement, the words:

• “Authorized User” means either a Patient Portal Participant, the parents of a Patient Portal Participant who is a minor under the age of twelve (12), or a person that a Patient Portal Participant has appropriately and duly authorized to use the Patient Portal hereunder on the Patient Portal Participant’s behalf. 
(Parents of patients ages 0 to 12 may establish access to the Patient Portal on their child’s behalf, but in all cases that access will expire on the day prior to the child’s 12th birthday.  Parents of patients ages 12 to 17 are not permitted to access their child’s information due to Florida privacy laws).  
• “Patient Portal Participant” means the person registered with the Patient Portal who has received medical services or treatment by a BayCare hospital, a BayCare emergency department, or a BayCare outpatient facility (lab, imaging).
• “Patient Portal” means, collectively, all services, software, functionality, content, and data made available by BayCare through its Patient Portal at www.myBayCare.org.  
• “BayCare” means BayCare Health System, Inc., and its hospitals, facilities, clinics, health centers, affiliates, and/or subsidiary companies.
• “You” means either the Patient Portal Participant, the parents of a Patient Portal Participant who is a minor under the age of twelve (12), or the Authorized User utilizing the Patient Portal pursuant to the terms of this Agreement. 

Your Rights to Use the BayCare Patient Portal

During Your first visit to the Patient Portal, You must provide Your date of birth and Your zip code to confirm Your identity.  Then You will be prompted to create Your own unique username and password and to confirm a “security question.”
 
BayCare hereby gives You permission to access the Patient Portal, subject to the conditions and limitations set forth herein, as they may be amended from time to time by BayCare in its sole discretion.  You may use the Patient Portal only while this Agreement remains in effect.  You represent and warrant that You are accessing and viewing portions of Your medical information and other such available data relating to Your receipt of medical or other services from a BayCare hospital, a BayCare emergency department, or a BayCare outpatient facility (lab, imaging), contained on the Patient Portal for the following purposes and only to the extent permissible under all applicable laws regarding the privacy of patient information: (i) to communicate securely within the portal; (ii) to view Your medical information such as allergies, medications, and immunizations; and (iii) to view Your lab results, clinic visit summaries, hospital discharge summaries, and educational materials.  All information created, stored, and processed in the Patient Portal may be protected by law.  Additionally, all patient information viewed through the Patient Portal is strictly confidential and is subject to the protections of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the privacy and security regulations promulgated pursuant to HIPAA, including, but not limited to, 45 C.F.R. Parts 160 and 164 Subparts C and E, as may be amended from time to time.  You represent and warrant that Your access to, and use of the Patient Portal, will not: (i) violate any laws; (ii) be defamatory, deceptive, offensive, discriminatory, obscene, or otherwise inappropriate; (iii) consist of “spamming”, sending unsolicited bulk e-mail or other messages, or sending unsolicited advertising; (iv) be threatening or harassing; (v) involve impersonating another person; or (vi) violate the terms and conditions or use of any application, software, or other function made available by BayCare.

Your Use of Content You Obtain by Using the Patient Portal

You are hereby granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license during the term of this Agreement to view and use the data, applications, software, and other content obtained by using the Patient Portal solely in connection with Your receipt of health care services by a BayCare hospital, BayCare emergency department, or a BayCare outpatient facility (lab, imaging). Except as expressly provided herein, (i) except for Your records, no part of the information in or about the Patient Portal, including but not limited to, data, applications, software, and other content retrieved from it and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, (ii) nor shall materials, other than Your records, from this site be stored in any information storage and retrieval system without explicit prior written permission from BayCare.  Except for the limited license granted above, BayCare reserves all right, title, and interest, including all intellectual property rights, in and to the Patient Portal. You agree not to cause or permit the reverse engineering, disassembly, or de-compilation of the Patient Portal, or any part thereof.

You may not, except as specifically permitted herein (notably those purposes specified in the previous section, headed “Your Rights to Use the BayCare Patient Portal”) and by applicable laws and regulations:

• Use, reproduce, or copy all or part of the data, applications, software, or other content You obtain by using the Patient Portal, other than Your records;
• Change or delete any proprietary notices obtained from the Patient Portal;
• Add to, modify, or alter the Patient Portal in any way;
• Use the data, applications, software, or other content You obtain by using the Patient Portal for the benefit of a third party, other than the Patient Portal Participant;
• Transmit or provide any data, applications, software or other content You obtain by using the Patient Portal to a third party (except for a Cerner Direct certified provider); or
• Incorporate any data, applications, software, or other content You obtain by using the Patient Portal in a product designed, developed, marketed, sold, or licensed by You or on Your behalf, or utilize any such data or other content for any marketing or commercial purposes whatsoever.

You may not in any event use the Patient Portal, or any data, applications, software, or other content You obtain by using the Patient Portal, in a manner contrary to any applicable law or regulation.  These provisions will survive any termination of this Agreement.  

Monitoring and Breach Reporting

BayCare may, but is under no obligation to, conduct regular audits of Your use of the Patient Portal to ensure compliance with this Agreement. You acknowledge and agree that You may be asked to produce records regarding Your use of the Patient Portal and You shall produce all such requested records within five (5) days of receipt of any request.

Effective Time; Termination

This Agreement shall take effect at the time You first access the Patient Portal and shall remain in effect until this Agreement is terminated.  

Either party may terminate this Agreement at any time, with or without cause, upon ten (10) days’ prior notice.  If you wish to terminate this Agreement, You must do so by either calling the support number listed at the bottom of the portal Web site, or by deleting Your account online. To manage your account or unenroll, go to the Account Settings page of the myBayCare.org Web site, select “Change Settings with Cerner Health,” select “Delete Account,” and confirm by re-entering your password once you have carefully read the information presented on that page.
 
In addition, BayCare may terminate this Agreement immediately if: (i) You breach this Agreement or (ii) in BayCare’s sole discretion, an audit demonstrates unusual or inappropriate use of the Patient Portal from Your account.

In the event of termination for any reason, Your right to use the Patient Portal shall end immediately. You must destroy all copies of relevant software on Your computer or in Your possession, if applicable. 
 
All Authorized Users are the responsibility of said Patient Portal Participant, or, if the Patient Portal Participant is a minor under the age of twelve (12), the parents of a Patient Portal Participant.  Each Patient Portal Participant assumes full and complete liability for all consequences of misuse of access to patient information by any of Patient Portal Participant’s Authorized Users, including violation of state and federal laws related to HIPAA.

Survival

Your obligations to comply with the terms described under the headings “Your Use of Content You Obtain by Using the Patient Portal,” “No Warranty,” and “Release of Liability and Indemnification” shall survive any termination of this Agreement, as well as all such terms which by their nature are intended to survive termination and You shall continue to be bound by those terms.
 
Ownership of Patient Portal, Content, Software and Services

BayCare is the owner or licensor of all rights in the Patient Portal, its content, software, and services, unless expressly and prominently specified otherwise in Patient Portal content.  You have no rights to such content, software, or services except as expressly granted herein.  The name "BayCare Patient Portal” and the logos or other proprietary marks of BayCare are trademarks of BayCare.  No right, title or interest in those trademarks is granted to You in this Agreement. 

Additional Terms

You acknowledge and agree that all shrink-wrap, click-wrap, website, or other terms and conditions shall be binding on You, regardless of whether You are required to provide an affirmative acceptance.

Confidentiality and Use

You may not permit any unauthorized person to use the Patient Portal and You will protect the privacy of patient information at all times, if applicable.  You agree to be solely responsible for maintaining the confidentiality of Your unique username and password for the Patient Portal, for all use of the Patient Portal made with Your username and password, and for all use of the data and other content obtained by using Your username and password.  You shall log off the Patient Portal when You are away from the computer through which You accessed the Patient Portal and when You no longer have an immediate need for access.  If You have any reason to believe that the confidentiality of Your username or password has been compromised, You observe or suspect suspicious activity on Your account, or You observe an actual or suspected breach in security or privacy, You will immediately contact the Cerner Health Help Desk Line at 1-877-621-8014 to request a password change and notify BayCare of the confidentiality concern at 1-888-499-9003. You agree that You are ultimately responsible for any use of the Patient Portal, that all such use is subject to the terms of this Agreement, and that You shall abide by the terms and conditions of this Agreement.  You understand and agree that the Patient Portal shall only be used for routine matters.  If there is an urgent issue or a response is needed quickly, patients must call their health care provider, go to a nearby emergency department or urgent care center, or call 911. 

No Warranty

BAYCARE EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PATIENT PORTAL.  THE PATIENT PORTAL IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS OF A PARTICULAR PURPOSE.  BAYCARE DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE PATIENT PORTAL.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PATIENT PORTAL ARE WITH YOU. BAYCARE MAKES NO WARRANTIES IN RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM.  BAYCARE FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO AUTHORIZED USERS OR TO ANY THIRD PARTY.

Release of Liability and Indemnification 

In consideration for BayCare granting You permission to use the Patient Portal,  You expressly release and hold harmless BayCare, as well as its trustees, officers, directors, employees, agents and affiliates from any and all claims, liabilities, demands, causes of action, costs, expenses, and damages of every kind and nature, in law, equity, or otherwise, arising out of or in any way related to Your use of the Patient Portal, or any of the data, applications, software, or other content obtained or utilized by accessing the Patient Portal, whether or not arising from any acts or omissions by BayCare, or its trustees, officers, directors, employees, agents or affiliates.  

In addition, You shall indemnify and hold harmless BayCare, and its officers, directors, agents, affiliates, and employees, against all actual and direct losses, liabilities, damages, claims, costs or expenses (including reasonable attorney’s fees) they may suffer as the result of third-party claims, demands, actions, investigations, settlements or judgments against them arising from or in connection with any breach of this Agreement, or from any claim of any nature or any wrongful acts or omissions, by You or Your Authorized Users or Your other employees, officers, or agents.
BAYCARE, AND ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES AND EMPLOYEES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PATIENT PORTAL, PATIENT PORTAL CONTENT, THE APPLICATIONS, SOFTWARE, OR OTHER INFORMATION CONTAINED WITHIN THE PATIENT PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR ANY FAILURE OF THE PATIENT PORTAL, THE PATIENT PORTAL CONTENT, OR OTHER INFORMATION CONTAINED WITHIN THE PATIENT PORTAL IS TO STOP USING THE PATIENT PORTAL. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
This provision shall survive any termination of this Agreement.

No Responsibility for Links to or from Other Sites 

The Patient Portal may contain links to other Web sites, and other Web sites may provide links to the Patient Portal.  These links are provided for Your convenience only.  BayCare does not control these other sites and assumes no liability or responsibility for them, including any content or services provided to You by such sites.  You should not consider any link to or from another site as an endorsement of that site by BayCare.

Changes to Patient Portal or this Agreement

BayCare may, at any time, enhance and/or make changes to the Patient Portal, the terms and conditions in this Agreement and/or any other policies or conditions that may govern the use of the Patient Portal and will provide notice of such changes, in its sole discretion, via hardcopy, e-mail or by posting such changes on the Patient Portal.  It is Your responsibility to periodically check the Patient Portal for any such changes. Your continued access or use of the Patient Portal shall be deemed to be Your notification and acceptance of these changes.

Availability of the Patient Portal

Access to the Patient Portal may be limited during periods of high volume, systems upgrades, and/or daily maintenance, or for other unanticipated reasons.  BayCare shall not be liable if You are unable to access or utilize the Patient Portal.

Security of Communications on the Internet and Events Beyond the Patient Portal’s Control

You access the Patient Portal through the Internet.  Use of the Internet is solely at Your own risk and is subject to all applicable local, state, national, and international laws and regulations.  While BayCare has endeavored to create a secure and reliable site, BayCare shall not be responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Patient Portal, or for the consequences of any reliance on such information.

BayCare shall not be liable for any loss resulting from a cause over which BayCare does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, interruption of communications or data processing services, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Governing Law; Legal Jurisdiction

The laws of the State of Florida govern this Agreement, Your access to and use of the Patient Portal, and the data and other content obtained thereby under this Agreement, without regard to conflict of law principles.  You hereby submit to the exclusive jurisdiction of the courts in the State of Florida with venue in Hillsborough County, and waive any jurisdictional venue or inconvenient forum objections to such courts.

Miscellaneous Terms

No waiver of any term of this Agreement will be valid unless in writing and acknowledged in writing by the waiving party.  If any portion of this Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, such provision will be enforced to the maximum permissible extent to effect the intent of the parties, and the remaining portions will remain in full force and effect.  No joint venture, partnership, franchise, employment, or agency relationship exists between You, BayCare, or any other party participating in the Patient Portal as a result of this Agreement or Your use of the Patient Portal.  This Agreement constitutes the entire agreement between the parties regarding its subject matter; provided, however, that You will also be subject to any additional terms and conditions of which You are notified and to which You manifest consent by continued use of the Patient Portal.

Acceptance

You represent and warrant, and in accessing the Patient Portal will be deemed to repeat such representation and warranty, as applicable, that: (a) You have full power and authority to enter into and perform the obligations under this Agreement; and (b) this Agreement has been duly authorized, executed, and delivered on Your behalf by persons empowered to do so.


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