WRITETOUCH HEALTH TERMS & CONDITIONS OF USE

Last Updated: July 2015

Welcome to the WriteTouchHealth Patient Portal website! The WriteTouchHealth website ("Website") is a service offered for your convenience and in order to provide you the ability to access certain health related information and services.

Your access to this Website is subject to your agreement with these Terms & Conditions of Use (including our Privacy Policy). These Terms & Conditions together with our Privacy Policy constitute the agreement between you and WRITETOUCHHEALTH regarding use of this Website ("Agreement"). Should you choose to register to access the non-public patient portal ("Portal") via this Website, your use of this Website and Portal is also subject to the WriteTouchHealth Portal Patient Registration Agreement ("Patient Registration Agreement") that you agree to during the registration process.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE OR PORTAL. BY ACCESSING OR USING THE WEBSITE OR PORTAL, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW. PLEASE PRINT A COPY OF THESE TERMS & CONDITIONS OF USE FOR YOUR REFERENCE.

Modifications to this Agreement

WRITETOUCHHEALTH MAY REVISE THESE TERMS & CONDITIONS OF USE AT ANY TIME. THE NEW REVISIONS WILL BE EFFECTIVE AS OF THEIR POSTING. BY ACCESSING OR USING THIS WEBSITE AFTER SUCH REVISIONS ARE POSTED YOU AGREE AND CONSENT TO ALL SUCH REVISIONS.

No Medical Advice

WRITETOUCHHEALTH IS NOT RESPONSIBLE FOR ANY CONTENT THAT A THIRD PARTY MAY MAKE AVAILABLE OR COMMUNICATE THROUGH THIS WEBSITE OR THE PORTAL.

ANY WRITETOUCHHEALTH OR THIRD PARTY CONTENT MADE AVAILABLE TO YOU ON THIS WEBSITE IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE THAT WRITETOUCH HEALTH CONTENT IS IN NO CASE TO BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE NOR IS IT INTENDED TO BE RELIED UPON BY ANY PERSON OR ENTITY FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT. WRITETOUCH HEALTH OR ITS VENDORS SHALL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CONTENT, BUT NEITHER WRITETOUCH HEALTH NOR ITS AFFILIATES OR VENDORS GUARANTEES THE SEQUENCE, ACCURACY, OR COMPLETENESS OF THE CONTENT AND SHALL NOT BE LIABLE IN ANY WAY TO YOU, OR ANYONE ELSE TO WHOM THE CONTENT MAY BE FURNISHED, FOR ANY DELAYS, INACCURACIES, UNAVAILABILITY, ERRORS OR OMISSIONS IN THE CONTENT. SUCH CONTENT IS RELIED UPON AT YOUR OWN RISK AND SOLE DISCRETION.

IF YOU ARE A PATIENT OR LEGAL REPRESENTATIVE OF A PATIENT, CERTAIN CONTENT MAY CONSIST OF YOUR IDENTIFIABLE HEALTH INFORMATION MAINTAINED IN YOUR ELECTRONIC HEALTH RECORDS MAINTAINED BY YOUR PRACTICE PROVIDER. WRITETOUCH HEALTH IS NOT YOUR PROVIDER AND THEREFORE YOU ACKNOWLEDGE THAT WRITETOUCH HEALTH HAS NO RESPONSIBILITY OR LIABILITY FOR THE IDENTIFIABLE HEALTH INFORMATION MAINTAINED BY YOUR PROVIDER. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE IDENTIFIABLE HEALTH INFORMATION IN YOUR ELECTRONIC HEALTH RECORD, PLEASE CONTACT YOUR PRACTICE PROVIDER TO DISCUSS.

Website Content and Access

WRITETOUCHHEALTH reserves the right without prior notice to discontinue any services or content available on this Website, or otherwise change specifications at any time without incurring any obligations to you or any other party.

Privacy Policy

Access to this Website may be monitored from time to time by WRITETOUCHHEALTH. Your use of this Website constitutes your consent to such monitoring and data collection as set forth in our Privacy Policy.

Ownership

The content on this Website, including without limitation the text, graphics, logos, button icons, images, video or audio clips, digital downloads, data compilations and software, is the property of WRITETOUCHHEALTH or its affiliates or vendors and is protected under applicable United States and international patent, copyright, trademark and other intellectual property laws. The compilation of all content on this Website, as well as the original arrangement, organization, design, formatting, trade dress, look and feel of the Website is also the exclusive property of WRITETOUCHHEALTH or its respective affiliates or vendors and is also protected by United States and international intellectual property laws.

McHeyzer Management, Inc. or its affiliates are the owner of the trademarks WriteTouchHealth™ among others. Other graphics, logos, button icons, and service names appearing on this Website are also the distinctive and protected trademarks, service marks, or trade names of WRITETOUCHHEALTH or its affiliates. This Website may contain various third-party names and marks that are the property of their respective owners.

Any unauthorized use of our marks or of our copyrighted material or trade dress or any other intellectual property is strictly prohibited and may be prosecuted to the fullest extent that the law provides.

Submissions

Should you send WRITETOUCHHEALTH any Website postings, feedback or data, such as ideas, comments, and suggestions or questions regarding any WRITETOUCHHEALTH product or service (including this Website or Portal), such information will not be given confidential treatment. WRITETOUCHHEALTH will not have any obligation of any kind to you with respect to any postings, feedback or data that you submit regarding the Website. Your submission of such postings, feedback and data affects an assignment to WRITETOUCHHEALTH of such material (along with any underlying or related ideas, concepts, techniques and know-how) and you agree to assign and hereby assign all such postings, feedback and data to WRITETOUCHHEALTH without charge. As the sole and exclusive owner of such postings, feedback and data, WRITETOUCHHEALTH will be free to reproduce, copy, use, disclose and distribute the information to others including without limitation incorporating your postings, feedback or data (and any underlying or related ideas, concepts, techniques and know-how) into any WRITETOUCHHEALTH product or service or this Website without compensation to you of any kind.

Notwithstanding the above, certain portions of the Portal may permit and facilitate communications via the Portal between patients and physicians, which will be kept confidential as required by law.

License to Access

You may view, copy, print and use content contained on this Website solely for your own personal use, provided that: (1) it is used for your internal or personal purposes only; (2) no text, graphics or other content available from this Website is modified or framed in any way; and (3) no graphics available from this Website are used, copied or distributed separate from accompanying text. The use of any content for commercial purposes is expressly prohibited. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of WRITETOUCHHEALTH or any third party, except as expressly provided in this section.

You may not use, copy, modify, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, frame, hyperlink or transmit any of the content or materials of this Website or rent or sell use of or access to (such as on a time share or service bureau basis) this Website, or any of the content or materials on this Website. You may not permit third parties to access this Website or use any Website content and may not make any other use of the Website or any Website content except as set forth in this Agreement, unless otherwise expressly agreed to in writing by WRITETOUCHHEALTH. You may not harvest or collect information about others, including e-mail addresses.

You agree to use the Website for lawful purposes only. You may not post or transmit through the Website any material (i) that violates or infringes in any way upon the rights of others, (ii) that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, (iii) that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) that, without WRITETOUCHHEALTH express prior approval, contains advertising or any solicitation. Any conduct by you that, in our discretion, restricts or inhibits any other person from using or enjoying the Website will not be permitted.

You understand and agree that WRITETOUCHHEALTH may terminate or otherwise deny your access to the Website and without notice in the event WRITETOUCHHEALTH believes in its sole discretion that (i) you have violated a provision of this Agreement or your Registration Agreement, (ii) you have used or misused the Website in a manner that WRITETOUCHHEALTH has determined is unlawful, unethical or otherwise inappropriate, or (iii) such action is reasonably necessary to protect a third party or WRITETOUCHHEALTH or if such action is otherwise required by law.

You acknowledge and agree (1) that your use of this Website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this Website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.

Third-Party Websites

This Website may contain links to, or be accessed through links on, websites managed and operated by or on behalf of third parties (including your physician) or other third party entities. These third parties are separate and independent entities and are not agents of WRITETOUCHHEALTH. WRITETOUCHHEALTH does not have control over such third party websites or the content of such websites. As a result, WRITETOUCHHEALTH does not have responsibility for the information, misinformation, errors, availability, operation or performance of any such third party website to which this Website may link or from which this Website may be accessed.

Linking

If you operate another website and are interested in linking to our Website, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must "point" to the URL for the home page for this Website and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with WRITETOUCHHEALTH or its affiliates name, trademarks or services; (5) the link, and use thereof, may not create the false appearance that another entity is associated with or sponsored by WRITETOUCHHEALTH or its affiliates; and (6) the link, when activated by a user, must display this Website full-screen and not with a "frame" on the linked website. WRITETOUCHHEALTH reserves the right to revoke consent to the link at any time in its sole discretion; either by amending this Agreement or through other notice to you or to approved other forms of linking in writing.

No Endorsements

Reference to any pharmacy, physician, product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by WRITETOUCHHEALTH. Any views expressed by third parties on this Website are solely the views of such third party and WRITETOUCHHEALTH assumes no responsibility for the accuracy or veracity of any statement made by such third party.

WriteTouchHealth Membership Package Refund Policy

The parties understand and agree that if the patient chooses to purchase the WriteTouch Health Premium Membership Package, which allows the patient to access all of WriteTouch Health’s program capability of features immediately upon purchase, the patient agrees to the 12 month membership cost upon initial sign up and for the following 12 month membership upon the lapse of each previous 12 month membership.

Should a member choose to terminate their agreement of the WriteTouch Health Clinic Membership after the initial 12 months of enrollment, member must email to info@WriteTouch Health.com and request for cancellation 30 days ahead of such request. By accepting the Terms and Conditions, Member’s Credit cards on file will be automatically debited for the next 12 month membership fee after this first 12 month membership has been lapsed.

Warranty Disclaimer

THIS WEBSITE AND ALL INFORMATION, SERVICES AND RELATED MATERIALS IT CONTAINS ARE PROVIDED "AS IS," "AS AVAILABLE” AND “WITH ALL FAULTS." WRITETOUCHHEALTH MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS WEBSITE OR THE INFORMATION OR MATERIALS IT CONTAINS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WRITETOUCHHEALTH, AND ITS RESPECTIVE AFFILIATES AND VENDORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

USE OF THE INTERNET IS INHERENTLY UNRELIABLE. AS A RESULT, WRITETOUCHHEALTH DOES NOT WARRANT THAT THE WEBSITE OR YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WRITETOUCH HEALTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU UNDERSTAND THAT USE OF THE INTERNET AND THIS WEBSITE IS AT YOUR OWN RISK. NEITHER WRITETOUCH HEALTH NOR ITS RESPECTIVE VENDORS, AFFILIATES OR SUPPLIERS IS RESPONSIBLE FOR ANY VIRUS OR DAMAGE TO YOUR COMPUTER, COMPUTER SOFTWARE, OR ANY LOSS OF DATA THAT MAY RESULT FROM USE OF THE WEBSITE OR ACCESS TO ANY CONTENT OR SERVICES.

This Website may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. WRITETOUCHHEALTH cannot predict or control when such downtime may occur and cannot control the duration of such downtime. As a result, WRITETOUCHHEALTH cannot and does not have any liability for such failures.

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by WRITETOUCHHEALTH on this Website, but WRITETOUCHHEALTH is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors. Information and related materials are subject to change without notice.

No advice or information from WRITETOUCHHEALTH in any manner will create any warranty as to this Website or any product, service or material available through this Website. If for any reason you are not satisfied with this Website or its content, your sole remedy is to cease using this Website or such content, even if such remedy should fail of its essential purpose.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WRITETOUCH HEALTH OR ANY OF ITS RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO THIS WEBSITE OR YOUR USE OF THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WRITETOUCH HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THIS WEBSITE. NOTWITHSTANDING THE FOREGOING, IN ANY EVENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW THE AGGREGATE LIABILITY OF WRITETOUCH HEALTH AND ITS AFFILIATES AND VENDORS FOR ANY REASON SHALL NOT EXCEED $100.00 US DOLLARS, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WRITETOUCHHEALTH AND ITS RESPECTIVE VENDORS, AFFILIATES AND THEIR OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONSULTANTS, AND AGENTS FROM AND AGAINST ANY CLAIMS, ALLEGATIONS, DAMAGES, LOSSES, LIABILITIES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS' FEES) THAT SUCH PARTY MAY SUFFER OR INCUR AS A RESULT OF (I) YOUR USE OR MISUSE OF THE WEBSITE, (II) YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF WRITETOUCH HEALTH, OR ANY OTHER PERSON OR ENTITY, (III) YOUR VIOLATION OF ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY PRIVACY OR DATA SECURITY LAW OR REGULATION. OR (IV) YOUR VIOLATION OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, WRITETOUCH HEALTH RESERVES THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM, SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.

Disputes and Interpretation

This Agreement is governed by and interpreted under the laws of the State of Texas and the federal laws of the United States, without regard to conflicts of laws principles. This Agreement and access to the Website will be deemed to have been performed and occurred in the State of Texas and the courts of that State will have exclusive jurisdiction to entertain any action arising under this Agreement. You hereby irrevocably submit to the exclusive jurisdiction and venue of the stated and federal courts with jurisdiction over the County of Dallas, Texas, as applicable, and waive any objections as to personal jurisdiction, venue and forum nonconveniens.

In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. Except as otherwise prohibited by applicable law, any cause of action or claim with respect to this Website must be commenced within one (1) year after the action or claim arises. Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of this Agreement. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition will be severable and shall not affect the validity and enforceability of any remaining condition.

This Agreement, along with our Privacy Policy and where applicable the Registration Agreement or the Practice Agreement, , are the sole terms governing your use and access of this Website and supersedes all other agreements regarding use of the Website. Any waiver of any portion of this Agreement will be effective only if in writing and signed by WRITETOUCHHEALTH.

Contact Us

If you have any questions about the Terms & Conditions of Use, please contact us at:

McHeyzer Management, Inc.
4823 Broadway Street, Addison TX 75001
Tel: 469-310-0806
Email: support@writetouchhealth.com