WRITETOUCHHEALTH
PORTAL PATIENT REGISTRATION AGREEMENT
Last Updated: July 2015
Please read the following WriteTouchHealth Patient Portal
Registration Agreement ("Agreement") carefully before deciding
whether to register for access to the non-public portions of this WriteTouchHealth
website ("Portal"), which is provided to you by your health
care provider ("Provider") in conjunction with your health
provider’s clinic. The non-public portions of this Portal will permit you to
access certain health-related content ("Content") and your
identifiable health information ("Health Information") and
other services that may be available from time to time ("Services").
BY CLICKING “I AGREE TO THE PORTAL PATIENT REGISTRATION
AGREEMENT”, YOU ARE COMPLETING YOUR REGISTRATION FOR ACCESS TO THE PORTAL ON
BEHALF OF YOURSELF OR THE INDIVIDUAL PATIENT FOR WHOM YOU ARE THE LEGAL
REPRESENTATIVE AND YOU ARE AGREEING, TO BE BOUND BY THE TERMS AND CONDITIONS OF
THIS AGREEMENT WITH WRITETOUCHHEALTH.
MAKE SURE TO PRINT A COPY OF THIS AGREEMENT FOR YOUR
RECORDS.
1. Portal Use
The Portal should never be used for urgent health care
matters. If you are experiencing an urgent health matter or otherwise need
immediate attention, you should phone your Provider or call 911.
2. Electronic Communications
You understand by signing up to access the Portal, you are
agreeing to engage in electronic transactions and that electronic agreements
and electronic signatures are binding and meet any legal requirements that any
document or signature be in writing.
3. Solicitation to Request Access
Nothing on this Portal constitutes an "offer" on
behalf of WRITETOUCHHEALTH or the Provider, but is rather an invitation for you
to request to access the Portal to receive the Content and Services. WRITETOUCHHEALTH
reserves the right to request additional verifications or information before
granting any request to access the Portal.
All offers set forth on this Portal are void where
prohibited.
Following our receipt of your completed registration request
to access the Portal, WRITETOUCHHEALTH will send you electronic confirmation of
your registration to the e-mail address you provide.
4. Consent and Agreement
Your use of this Portal is subject to the posting of any
official terms or policies, including without limitation, the Terms & Conditions of Use and Privacy Policy. However, because the Portal is a hosted online, WRITETOUCHHEALTH
may occasionally need to notify all Portal users of announcements or changes
related to the Portal, such as to the Terms and Conditions of Use or other
policies.
You confirm that you have authorized your physician (or the
physician of the individual for whom you are the legal representative) to send
you the link to register to access the Portal by completing the Patient Portal
Activation Request and that you had the legal authority and capacity to execute
the Patient Portal Activation Request.
Both WRITETOUCHHEALTH and Provider will collect, use and
disclose your identifiable health information obtained via the Portal in
accordance with the Health Insurance Portability and Accountability Act
("HIPAA") privacy and security rules, meaning on a need-to-know basis
within our company in order to operate the Portal. Any third party disclosures
will only consist of de-identified information. For certain uses and
disclosures of your health information, such as to send you certain
communications, you may be asked to execute a separate HIPAA Authorization form
for such use and/or disclosure. Your execution of the HIPAA Authorization form
permitting such uses and/or disclosures is voluntary.
5. User Names and Access
If your registration is confirmed by WRITETOUCHHEALTH, you
will be provided with access to the Portal via a email
(to be used as your user name) and password that you select during the
registration process. You are responsible for all activity under any user name
assigned to your account. You have the sole responsibility for ensuring the
confidentiality of the user name and password for your account. You agree to
immediately notify WRITETOUCHHEALTH of any unauthorized use of your account or
any user name assigned to your account and any other breach of security of
which you become aware.
6. Services
Subject to approval of your request for Portal access and
your compliance with this Agreement, WRITETOUCHHEALTH grants to you a
non-exclusive, non-transferable, limited license to access and use the Portal
(including the Content and Services) solely for your personal use.
We reserve the right to change, modify, suspend or
discontinue any aspect of the Content or Services available, or the Portal in
its entirety, at any time without notice.
You acknowledge that you will be responsible for (i)
obtaining and maintaining all computer hardware, software and communications
equipment necessary to access the Portal, and (ii) paying all third-party
telecommunications or other charges incurred by you while using the Portal.
THE HEALTH INFORMATION MADE AVAILABLE TO YOU ON THIS PORTAL
IS YOUR IDENTIFIABLE HEALTH INFORMATION MAINTAINED IN YOUR ELECTRONIC HEALTH
RECORDS MAINTAINED BY YOUR PROVIDER AND, IF YOU ELECT TO RECEIVE IT, CERTAIN
MATERIALS RELATED TO YOUR TREATMENT MADE AVAILABLE TO YOU BY WRITETOUCHHEALTH
AND THIRD PARTIES. YOU ACKNOWLEDGE THAT WRITETOUCHHEALTH HAS NO RESPONSIBILITY
OR LIABILITY FOR THE HEALTH INFORMATION MAINTAINED BY YOUR PROVIDER.
ANY WRITETOUCHHEALTH OR THIRD PARTY CONTENT THAT MAY BE MADE
AVAILABLE TO YOU VIA THIS PORTAL, AS MAY BE PERMITTED BY LAW, 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. PLEASE CONTACT YOUR PROVIDER FOR MEDICAL ADVICE. WRITETOUCHHEALTH OR
ITS VENDORS SHALL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE ACCURACY OF
THE CONTENT, BUT NEITHER WRITETOUCHHEALTH, PROVIDER, NOR THEIR RESPECTIVE
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.
The WriteTouchHealth website is only a venue for you to
access the Portal for the purposes of obtaining the Content, Health Information
and Services. Neither WRITETOUCHHEALTH nor its vendors is a party to, nor is WRITETOUCHHEALTH
or its vendors otherwise involved in, any transactions entered into between you
and your Provider, even if such transaction occurs via this Portal.
Furthermore, neither WRITETOUCHHEALTH nor its vendors shall be liable for any
dispute that arises between you and the Provider or any third party.
7. Proprietary Ownership
You acknowledge that the Portal and all Content, and
underlying technology, names, logos, text, audio, forms, documents, materials,
data, video, graphics, charts, photographs, icons, and the design, selection,
and arrangement of content in any medium on this Portal are the sole property
of the Provider, WRITETOUCHHEALTH, or its vendors, as applicable, and are
protected by copyright, trademark, service mark, trade secret, trade dress,
patent and other intellectual property laws, as applicable. You acquire no
right, title or interest in the Portal, Content or Services, or any copyrighted
works, trademarks or any other intellectual property except the limited license
granted in Section 5 above.
Any feedback, suggestions, solutions, improvements,
corrections or other contributions you provide regarding the Content, Services
or Portal shall become the sole property of WRITETOUCHHEALTH and you agree to
assign and hereby assign any and all such rights to WRITETOUCHHEALTH without
charge. You further agree to take all acts reasonably requested by WRITETOUCHHEALTH
to confirm WRITETOUCHHEALTH's ownership of such items. Notwithstanding the
above, certain portions of the Portal may eventually permit and facilitate
secure communications via the Portal between patients' physicians and other
clinicians and administrators participating in your care, which will be kept
confidential as required by law.
8. Prohibited Uses
Nothing in this Agreement may be construed as granting you
any other right in the Portal outside of the limited license to access the
Portal, Content, Health Information, and Services. You may not otherwise use,
reproduce, modify, mirror, transmit, display, make, offer to sell, sell,
license, decompile, disassemble, reverse engineer, distribute, or create derivative
works from the Portal or any part thereof, or any content or technology
contained therein. You may not send unsolicited messages (e.g. spam) through
the Portal, or post or submit information containing viruses, or any computer
programs that result or may result in the damage, interference with or
interception or expropriation of this Portal, or any related system, software,
hardware, data or other information. You may not use any robot, spider or other
automatic device or manual process to monitor or copy the Portal web pages or
any content contained on or available through this Portal, including without
limitation the Content.
You may not use the Portal (i) in an offensive manner
towards any individual or person, (ii) for political purposes, (iii) to harm or
exploit minors in any way, (iv) to post, submit or transmit unlawful, harmful,
tortuous, defamatory, profane, libelous, hateful or otherwise offensive
material, (v) in a racially, ethnically or otherwise impermissibly
discriminating manner, (vi) to post or reference obscene, pornographic,
indecent or illegal materials, (vii) to discuss, incite or otherwise solicit
illegal activity, or (viii) in any manner that infringes upon the rights of any
individual or other person, including, but not limited to intellectual
property, publicity or privacy rights.
WRITETOUCHHEALTH may, but shall have no obligation to,
access and review all information and data provided by you for compliance with
the terms of this Agreement or otherwise as set forth in the applicable Privacy Policy.
9. Cancellation and Termination
WRITETOUCHHEALTH reserves the right to terminate or suspend
your access to and use of the Portal, in part or in whole, at any time in the
event of (i) your breach or suspected breach of any of the provisions of this
Agreement, including without limitation the Terms & Conditions of Use and
the Privacy Policy (ii) your use or misuse of the
Portal, Content or Services, for any activity or course of conduct that WRITETOUCHHEALTH
deems to be unlawful or unethical, (iii) in the event WRITETOUCHHEALTH
reasonably determines that such termination is necessary or proper, or (iv) WRITETOUCHHEALTH
ceases providing the Portal, Content or Services
10. No Liability
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE PORTAL IS
AT YOUR OWN RISK. NEITHER WRITETOUCHHEALTH, THE PROVIDER NOR THEIR RESPECTIVE
AFFILIATES, VENDORS, OR SUPPLIERS ARE RESPONSIBLE FOR ANY VIRUS OR DAMAGE TO YOUR
COMPUTER, COMPUTER SOFTWARE, OR ANY LOSS OF DATA THAT MAY RESULT FROM USE OF
THE PORTAL OR ACCESS TO ANY CONTENT OR SERVICES.
IN NO EVENT SHALL WRITETOUCHHEALTH, THE PROVIDER, OR ANY OF
THEIR RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES,
SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR
ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED
SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
ARISING OUT OF OR IN ANY WAY RELATED TO (I) THE PORTAL, CONTENT OR SERVICES,
(II) THE USE OR PERFORMANCE OF THIS PORTAL OR ANY LINKED WEBSITE OR ANY
CONTENT, SERVICES OR OTHER MATERIAL, SERVICES OR INFORMATION OBTAINED THROUGH
THIS PORTAL, OR (III) OTHERWISE ARISING OUT OF THE PORTAL, CONTENT, OR SERVICES
OR THE USE OR THE INABILITY TO USE THIS PORTAL, CONTENT OR SERVICES, WHETHER
SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF WRITETOUCHHEALTH, THE PROVIDER, OR ANY OF THEIR RESPECTIVE
VENDORS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
SUCH DAMAGES ARE OTHERWISE FORESEEABLE. YOUR SOLE AND
EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO
AND USE OF THE PORTAL, CONTENT AND SERVICES. NOTWITHSTANDING THE FOREGOING, IN
NO EVENT WILL THE AGGREGATE LIABILITY OF WRITETOUCHHEALTH, THE PROVIDER AND
THEIR AFFILIATES AND VENDORS FOR ANY REASON EXCEED $1,000.00 US DOLLARS,
REGARDLESS OF WHETHER THE FOREGOING REMEDIES SHOULD FAIL OF THEIR ESSENTIAL
PURPOSE.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT
SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
11. No Warranty
THE PORTAL, CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS,”
“AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. WRITETOUCHHEALTH, THE PROVIDER, AND
THEIR RESPECTIVE VENDORS AND AFFILIATES DISCLAIM ALL OTHER WARRANTIES WITH
RESPECT TO THE PORTAL, CONTENT AND SERVICES, INCLUDING WITHOUT LIMITATION ALL
IMPLIED 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. NONE OF WRITETOUCHHEALTH, THE PROVIDER, OR THEIR RESPECTIVE VENDORS
AND AFFILIATES MAKE ANY WARRANTY OR REPRESENTATION REGARDING (A) THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE PORTAL, CONTENT OR SERVICES, (B) ANY
MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE PORTAL
OR (C) THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE PORTAL,
CONTENT, OR SERVICES. None of WRITETOUCHHEALTH, the
Provider, or their respective vendors or affiliates shall have any responsibility
for the timeliness, deletion, mis-delivery or failure
to store any user communication.
WRITETOUCHHEALTH provides the Portal, Content and Services
to you through the Internet, which is subject to outages, communication and
data flow failures, interruptions and delays inherent in Internet
communications. You recognize that problems with the Internet, including
equipment, software and network failures, impairments or congestion or the
configuration of your computer systems, may prevent, interrupt or delay your
access to the Portal. None of WRITETOUCHHEALTH, the Provider, or their
respective vendors or affiliates shall be liable for any delays, interruptions,
suspensions or unavailability of the Portal, or any portion of the Portal,
attributable to problems with the Internet or configuration of your computer
systems. There is no warranty or guarantee that access or use of the Portal,
Content or Services will be uninterrupted or error-free.
No advice or information, whether oral or written, obtained
by you from WRITETOUCHHEALTH, the Provider or their respective affiliates or
vendors in any manner will create any warranty.
12. Your Representations and Warranties
By clicking "I Agree to the Portal Patient Registration
Agreement" below, you represent and warrant that (i) you are at
least eighteen (18) years of age, (ii) you have the legal ability and authority
to enter into this Agreement with WRITETOUCHHEALTH, (iii) the information you
have provided to WRITETOUCHHEALTH in your registration application is accurate
and complete (iv) you will comply with any and all laws applicable to your use
of the Portal, (v) you will not interfere with a third party's use and
enjoyment of the Portal, and (vi) you will not interfere with or disrupt WRITETOUCHHEALTH's
or its vendor's security measures. If any information you provide to WRITETOUCHHEALTH
becomes inaccurate, incomplete or otherwise false or misleading, you will
immediately notify WRITETOUCHHEALTH.
You also represent, warrant and covenant that your use of
the Portal will be consistent with any and all applicable local, state,
national, foreign and international laws and regulations, including, but not
limited to any applicable export control laws. You will not engage in
advertising to or solicitation of any other users of the Portal, nor will you
transmit any spam, chain letters or other similar communications to other users
via the Portal. You will promptly report any violation of this Agreement to WRITETOUCHHEALTH.
13. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WRITETOUCHHEALTH,
THE PROVIDER AND THEIR RESPECTIVE VENDORS, AFFILIATES, AND THEIR OFFICERS,
MEMBERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, SUPPLIERS
AND AGENTS FROM ANY AND ALL LOSSES, EXPENSES, THIRD-PARTY CLAIMS, LIABILITIES,
DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) ARISING FROM
YOUR USE OR MISUSE OF THE PORTAL, CONTENT OR SERVICES, YOUR USE OR MISUSE OF
ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE
PORTAL, ANY PORTAL ACTIVITY INVOLVING YOUR USER ID, YOUR VIOLATION OF THIS
AGREEMENT, OR YOUR VIOLATION OF ANY APPLICABLE LAW, INCLUDING WITHOUT
LIMITATION ANY PRIVACY OR DATA SECURITY LAW OR REGULATION. NOTWITHSTANDING THE
FOREGOING, WRITETOUCHHEALTH, THE PROVIDER AND THEIR RESPECTIVE VENDORS RESERVE
THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM SUBJECT TO YOUR
INDEMNIFICATION OBLIGATION.
14. Interpretation and Disputes
This Agreement shall be governed by and construed in accordance
with 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 Portal shall be deemed to have been performed and occurred in the State of
Texas and the courts of that State shall have exclusive jurisdiction to
entertain any action arising under this Agreement. You hereby irrevocably
submit to the exclusive jurisdiction and venue of the state and federal courts
located in or with jurisdiction over the State of Texas, and the County of Dallas,
as applicable, and waive any objections as to personal jurisdiction, venue and
forum non conveniens.
In the event of any dispute, the prevailing party shall be
entitled to recovery of its reasonable attorneys’ fees and costs. If a court or
arbitrator deems any provision of this Agreement unenforceable or invalid, then
the court or arbitrator shall modify such provision to the minimum extent
necessary to make such provision enforceable and valid. Should such modification
prove impossible or impracticable then the provision shall be severed and the
remaining terms of this Agreement shall be interpreted and read to give them
maximum enforceability. Except as 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.
15. Contacting Us
If you have any other questions or concerns regarding this
Agreement, please contact us at:
McHeyzer Management, Inc.
4823 Broadway Street, Addison TX 75001
Tel: 469-310-0806
Email: support@writetouchhealth.com
15. Entire Agreement
By clicking "I Agree to the Portal Patient Registration
Agreement", you hereby agree to the above Agreement, together with
the Terms & Conditions of Use and
the Privacy Policy.
These documents constitute the entire agreement between you and WRITETOUCHHEALTH
with respect to the subject matter discussed above. Any waiver of any provision
of this Agreement will be effective only if in writing and signed by WRITETOUCHHEALTH.
This Agreement supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding this subject matter.
This Agreement will inure to the benefit of WRITETOUCHHEALTH's successors,
assigns and licensees. Print a copy of this Agreement for your records!
By clicking “I Agree to the Portal Patient Registration Agreement” you confirm you are in agreement with these
terms and will be bound by them, including without limitation the Terms & Conditions of Use and the Privacy Policy. If you do not agree to be bound by this Agreement,
including without limitation the Terms & Conditions of Use and the Privacy Policy, please do not click the button and consent to this
Agreement.