Terms & Conditions of Use for Bryan Health ezVisitTM
Bryan Health provides Bryan Health ezVisit (the "Platform") to facilitate health care consumers' access to electronic medical consultations with Bryan Health ezVisit health care providers, and to provide other information about Bryan Health and its services (the "Service"). Bryan Health provides the Platform as a connection between You and the Bryan Health ezVisit health care provider. "You" and "Your" means the health care consumer who has accessed the Platform in order to use the Services.
You will access the Platform using a unique User ID and password ("Access Credentials"). The Platform grants You access to certain portions of Your health information. If You are a parent, legal guardian, or caregiver of a patient, the Platform may grant You proxy access to other individuals' health information through Your Access Credentials.
There are four parts to these Terms and Conditions:
- User Obligations and Guidelines
- Platform Content, Platform Limitations and Improper Use
- Disclaimers and Limitation of Liability
- General Terms
As a condition of accessing and using the Platform, You agree to the following Terms and Conditions:
Part 1: User Obligations and Guidelines
- Authorized and Limited Use. Bryan Health grants access to the Platform at its sole discretion and Your use of the Platform is completely voluntary. Bryan Health may limit what Platform features are available to You or terminate Your access, including Proxy access, to the Platform at any time and for any reason.
The Platform does not contain complete health records. The Platform may allow You access to: limited prescription information; medical history summaries; or other basic information related to the Platform.
- Non-emergency Use Only. The Platform is intended for Your convenience and is not designed or intended to address urgent or emergency health issues, nor act as a substitute for timely, face-to-face visits with Your health care providers. For all urgent medical matters, please contact Your physician’s office by phone, go to an emergency room or dial 911.
- Responsibility for Access Credentials and Activity. You will only use the Platform with Your Access Credentials, and only to the extent Your use relates to Your health or individuals for whom You have Proxy access. Do not share Your Access Credentials with anyone.
The Platform maintains logs of user activity associated with Your Access Credentials, and Bryan Health or its partners may monitor and audit Your use of the Platform to confirm You are complying with these Terms and Conditions. You will not use anyone else's Access Credentials in association with the Platform. If You believe Your Access Credentials have been compromised, You will immediately notify Bryan Health’s ezVisit support center at 855-513-8274 or by email at firstname.lastname@example.org, with any relevant information to help protect the security of the Platform.
You may change Your password at any time, but may be required to change it at regular intervals based upon Bryan Health’s password policy.
- Proxy Access. You may be granted access to an adult or minor dependent’s health information via proxy access through Your Access Credentials. If You are a Proxy for another individual and Your legal relationship changes such that You no longer have a legal right to that individual's health information, You must immediately cease access to the individual’s health information.
- Confidentiality and Privacy. Bryan Health keeps all health information contained on the Platform in strict confidence. You agree that Your use of the Platform will comply with all applicable state and federal laws, including the Health Insurance Portability and Accountability Act ("HIPAA"). Any unauthorized use or disclosure of health information may result in civil, criminal or disciplinary action. If You suspect any impermissible or unauthorized use of the Platform, You must immediately notify Bryan Health’s ezVisit support center at 855-513-8274 or by email at email@example.com.
- Data Integrity and Correction. You may request information be corrected on the Platform by calling Bryan Health’s ezVisit support center at 855-513-8274 or by email at firstname.lastname@example.org.
- Security of Email and Text Message Notifications. Bryan Health will use the email address or mobile phone number You provide to send notifications that You have new messages or new information available for view on the Platform. Although the email notifications will not include health information, a notification, by itself, may represent information that You want to keep private, such as visit summary availability or billing information. Because of these concerns, Bryan Health recommends using only personal email addresses and mobile phone numbers with the Platform to ensure You are the only individual who can see notification emails and text messages.
- Appropriate Environment and Technology. You are solely responsible for making sure You are in an appropriately private environment when You log on to the Platform. For example, if You are in a public location, make sure no one else can view Your information while accessing the Platform, or see or hear Your private conversations with Your Bryan Health ezVisit health care provider.
Bryan Health makes no warranties or guarantees about the security of any device or network You use to log on to the Platform, nor does Bryan Health guarantee security of any information while in transit to or from the Platform. It is Your responsibility to ensure any hardware or software You use to connect to the Platform has updated and current security patches.
- Disenrollment. You may discontinue Your use of the Platform and deactivate Your account by calling Bryan Health’s ezVisit support center at 855-513-8274 or by email at email@example.com. However, Bryan Health, Bryan Health ezVisit system administrators and Your Bryan Health ezVisit health care providers will still be able to view information associated with Your deactivated account.
- Indemnification. You shall indemnify, defend and hold Bryan Health harmless from all claims, demands, causes of action, debt or liability, including reasonable attorneys' fees, arising from any claims relating to Your use of the Platform or violation of these Terms and Conditions.
Part 2: Platform Content, Platform Limitations and Improper Use
- Content Disclaimer. The information available on the Platform is not intended to be nor should be used as a substitute for medical treatment by a health care professional. Bryan Health does not guarantee the accuracy, integrity, completeness or timeliness of any information available on the Platform. The information available in the Platform may be incomplete, and other information about your medical history could be located at several different physician locations in electronic or paper form. You assume total responsibility and risk for your use of information available on the Platform.
- Platform Updates. Bryan Health may make revisions, updates and improvements to the Platform at any time and without notice.
- Message Response Times and Distribution. The messaging capabilities of the Platform are intended for convenience and are not designed nor intended for urgent or emergency communication. Bryan Health does not guarantee it will respond to messages sent through the Platform within any specific timeframe. You are solely responsible for the content of any messages you send through the Platform and ensuring they contain current, sufficient, and accurate information for your Bryan Health ezVisit health care provider to send appropriate responses.
Messages you send may be viewed by other Bryan Health ezVisit health care providers, administrators, and other individuals who work with your Bryan Health ezVisit health care providers. Therefore, you may not wish to use the Platform to send sensitive information which you would rather discuss directly with your health care provider.
- Improper Use. By logging on to the Platform, you acknowledge that you are aware of the potential consequences of any misuse. You understand you may not use the Platform to send any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, harmful, pornographic or profane material, and you may not use the Platform in any way that encourages criminal activity, gives rise to civil liability or violates any law.
- External Links. The Platform may contain links to external websites or services. Unless we state otherwise, the existence of an external link on the Platform does not mean the link will be of benefit to you or that it is approved by Bryan Health. We have no responsibility for information available from external links.
Part 3: Disclaimers and Limitation of Liability
- Availability. Bryan Health makes no guarantees regarding the availability of the Platform. Bryan Health does not guarantee or warrant against errors, omissions, delays, interruptions or losses associated with the Platform.
- Warranty Disclaimer. THE PLATFORM, ITS CONTENT, AND SITE-RELATED SERVICES ARE PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, ITS CONTENT, SITE-RELATED SERVICES, AND ANY HYPERLINKED SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BRYAN HEALTH OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY.
- Limitation of Liability. Bryan Health and its affiliates, suppliers and other third parties mentioned or linked to on the Platform are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, those resulting from lost profits, lost data, technical problems or business interruption) arising out of or relating in any way to the Platform, 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 breach of these Terms and Conditions is to stop using the Platform. These Terms and Conditions shall be governed by Nebraska law. For the purpose of these Terms and Conditions, "affiliates" means any corporation, limited liability company, partnership, limited partnership, limited liability partnership or other entity, now or in the future, which is: (a) in control of, controlled by, or under common control with Bryan Health; or (b) managed by Bryan Health or any affiliate of Bryan Health pursuant to an agreement, arrangement or understanding whether oral or written. For purposes of this definition of affiliates, "control" shall be deemed to exist with respect to any entity in which Bryan Health or its affiliates own an equity interest of fifty percent or more.
Part 4: General Terms
- Copyrights. Except as otherwise indicated, all content on the Platform is the property of Bryan Health or its licensors and is protected by law and may only be used in connection with the Platform and in accordance with these Terms and Conditions of Use.
- Trademarks and Service Marks. Certain names, words, symbols and graphics are protected by trademark or other intellectual property laws of the State of Nebraska, the United States and other countries. Such proprietary names, words, symbols and graphics may be designated on the Platform through use of the "TM," "SM," or "®" symbols. Users of the Platform are not authorized to use such names and marks, including, but not limited to, as metatags or in any other fashion which may create a false or misleading impression of affiliation or sponsorship with or by Bryan Health.
- Infected or Corrupted Materials. To the extent you download files from the Platform, you understand that Bryan Health and your Bryan Health ezVisit health care provider cannot and do not guarantee or warrant that such files will be free from infection, viruses, worms, Trojan Horses or other malicious code that have contaminating or damaging properties.
- Termination. Bryan Health may terminate any user's access to the Platform at any time and for any reason, regardless of the effect of such termination. If Bryan Health terminates a user's access based on a violation of these Terms and Conditions, Bryan Health will, at its sole discretion, notify the user of such termination with a brief explanation.
- Revision of Terms and Conditions. Bryan Health may revise these Terms and Conditions at any time. You should periodically read these Terms and Conditions to determine whether any updates affect your use of the Platform. Your continued use of the Platform means you continue to agree to these Terms and Conditions and any revisions.
- Governing Law and Venue. By visiting or using Platform, you agree that the laws of the State of Nebraska, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Bryan Health or any of our affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Nebraska, and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Nebraska.
- Severability. The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision of these Terms and Conditions.
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