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MYCHART CONSOLIDATED TERMS AND CONDITIONS OF USE

THESE MYCHART TERMS AND CONDITIONS OF USE (AGREEMENT) IS A LEGAL DOCUMENT. READ IT CAREFULLY. BY CLICKING “I AGREE” BELOW OR OTHERWISE USING THE SERVICE, YOU ARE (A) ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND (B) AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, CLICK “I DO NOT AGREE,” AND YOU WILL NOT BE PERMITTED TO USE THE SERVICE.

Information about how medical information about you may be used and disclosed and how you can get access to this information can be found here: https://www.wth.org/privacy-policy/

West Tennessee Healthcare ("Provider," "we," "us") is pleased to offer you secure access to your medical record information via a web-based computer system called MyChart (“Service”).

This Agreement is between you and us. “You” is defined as the patient and, if applicable, the patient’s Personal Representative (as defined in HIPAA) who clicks “I Agree” below or otherwise uses the Service. If you are clicking “I Agree” below and are using the Service as the patient’s Personal Representative, you warrant that your use of the Service is only for the patient's benefit.

The Service may include functionality that allows you to: (a) participate in E-Visits or Video Visits; (b) exchange messages with your physician/provider and their staff; (c) view parts of your medical record; and (d) use other electronic features offered by Provider at Provider's discretion. Some functionalities have their own terms and conditions in addition to this Agreement. Using this Service, you are bound by the terms of this Agreement and the terms and conditions for any specific functionality you utilize within the Service. Any inconsistencies between the terms of this Agreement and the applicable set of terms and conditions for a specific functionality, the terms and conditions for the specific functionality shall control. It is important to review this Agreement and all of the above-referenced terms and conditions periodically as we may modify them at any time at our sole discretion.

Response to Electronic Communication

We attempt to provide timely responses to all electronic inquiries, but we cannot guarantee any response time. Emergencies requiring immediate attention should never be submitted electronically. Delays can occur based upon, but not limited to, volume and availability of staff, the complexity of your condition, or technology occurrences outside of our control. Regarding any electronic communications sent by you, we can only respond to such communications based on the information provided by you. If there is insufficient information provided, we will be unable to provide accurate and reliable service.

NOT FOR EMERGENCIES. MyChart Services are not for use for medical emergencies or urgent situations. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR URGENT SITUATION, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

MyChart Username and Password

You will be required to create a unique username and password to access the Service. Inquiries and entries that you make via the Service will be logged with your identity. It is extremely important that you keep your username and password completely confidential. YOU MUST NOT SHARE YOUR USERNAME AND PASSWORD WITH ANYONE. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR USERNAME AND PASSWORD, WHETHER OR NOT AUTHORIZED BY YOU. If you feel the confidentiality of your password has been compromised at any time, you should change it by going to the password link on the Provider MyChart website. You must notify us immediately if you discover or suspect that anyone else has obtained your username or password or if you know of any other breach of security. We take no responsibility for and disclaim any liability arising from a breach of medical record confidentiality resulting from shared or lost passwords. We shall not be liable for any damages that result from your failure to keep your username or password secure. As a user of the Service, your role in maintaining the security of your medical information is to: (1) change your password on a regular basis and (2) keep your username and password confidential. If we discover that you have misused or abused your access privileges in any way, your participation in MyChart may be discontinued by Provider without prior notice.

Verification of Identity

Your enrollment will not be activated until your identity is verified in person by a member of our staff or via other identity verification methodologies adopted from time to time by us.

Minor Eligibility

Parents or guardians of minor children under the age of 13 may request access to their minor child's account by following the terms outlined in the "Proxy Access" section of this Agreement. By default, limited records will be available via proxy access for children over age 13. Minors between the ages of 13 and 17 will be allowed to set up their account access. Parents/guardians, however, are encouraged to speak to their child's physician about receiving information about your child through traditional means because the majority of information about your 13 to 17-year-old child is information that you are entitled to access. If a parent or guardian wishes to maintain full access to their child’s information, they may complete a consent form with their child at the child’s doctor's office.

Proxy Access to a Minor Child’s MyChart Account

– Individuals may request proxy access to the MyChart account of a minor (child under the age of 13). Such access will only be granted to parties with parental rights or legal guardianship over the patient and only to the extent that the party requesting proxy access has the right to access the patient's medical information. A MyChart account will be activated for both the proxy (i.e., the parent) and the account holder (i.e., the child). If the proxy's legal relationship with the account holder changes, the proxy must inform us immediately by calling or sending written notice to the clinic at which you received service. Provider reserves the right to revoke proxy access at any time for any reason.

Proxy Access to Another Individual’s MyChart Account

Patients that are age 18 or older may grant MyChart account proxy access to another individual. We reserve the right to revoke proxy access at any time for any reason.

E-mail Privacy

You will be notified via e-mail when there is new medical information to be viewed. This means that any person with access to your e-mail 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 e-mail address. You MUST verify and update your e-mail address to ensure that you receive notification of newly released information and general notices in a timely manner. We are not responsible for any damage resulting from your failure to verify and update your e-mail and account information. In addition, if you send us an e-mail communication, it may be shared with the Provider staff that assists the physician in providing your medical care.

Web Site Links

The Service may offer links to related medical websites not managed by us. These website link(s) are for informational purposes only and are not intended to help diagnose or treat anyone, nor is it necessarily complete. We do not endorse and have not verified the accuracy of the information on these websites. You should not rely on any of the information found on the websites for purposes of treatment or diagnosis. ALWAYS SEEK THE ADVICE OF YOUR HEALTH CARE PROVIDER FOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER IGNORE YOUR PROVIDER'S ADVICE OR DELAY IN SEEKING HIS OR HER ADVICE BECAUSE OF SOMETHING YOU HAVE READ VIA A LINKED WEB SITE. We are not responsible for the content or practice of any linked site.

Security and Confidentiality

You understand that the Service provides you with online access to portions of your electronic medical record and that you are solely responsible for any sharing of the Service content that you intentionally or unintentionally communicate to others, including to and through any of your Personal Representatives. YOU, AS A RESULT OF THIS, ASSUME THE SOLE LIABILITY FOR YOUR ACTIONS IN USING THE SERVICE AND SHALL HOLD US HARMLESS AND DEFEND AGAINST ALL DAMAGES RELATED TO SUCH USE OR DIRECTIONS TO US UPON WHICH WE RELY. You understand that not all of your medical records may appear as part of the Service. Posting of your medical information to the Service, in whole or in part, is under our policy and at your physician’s discretion.

All communications through the Service are carried over a secure, encrypted connection directly into our electronic medical record. No system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using the Service, information will be transmitted over a medium that is beyond our control. YOU, AS A RESULT OF THIS, EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED ACCESS OR DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SERVICE AND AGREE THAT THE SERVICE IS NOT ERROR-FREE.

We reserve the right to revoke access to the Service at any time for any reason.

Disclaimer

The Service may not be available at all times due to system failures, backup procedures, maintenance, or other causes. Access is provided on an as-is, as-available basis. There is no guarantee that you will be able to access the Service at any particular time. When the Service is unavailable, you are encouraged to use other traditional communication methods (e.g., telephone) to retrieve necessary medical information.

PROVIDER TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE USED TO ACCESS THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, TITLE, ACCURACY OF CONTENT, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICE, NOR DO WE WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, AVAILABLE, CURRENT, COMPLETE, ACCURATE, VIRUS-FREE, OR SECURE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, OFFICERS, TRUSTEES, PHYSICIANS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO: (A) THIS AGREEMENT, INCLUDING ANY BREACH OF THIS AGREEMENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING ANY CONTENT); (C) ANY CONTENT; OR (D) ANY INTERRUPTION, INTRUSION, BREACH OF SECURITY, COMPUTER VIRUS, OR OTHER MALICIOUS CODE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS OR LEGAL THEORY EVEN IF AN AUTHORIZED REPRESENTATIVE OF PROVIDER IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY, SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.

By clicking “I Agree” or otherwise using the Service, you represent and warrant to us that you possess the legal right and ability to enter into this Agreement and use the Services and agree to be financially responsible for your use of the Services. By clicking “I Agree” or otherwise using the Service, you acknowledge that any previous consents given by you to Provider will apply.