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
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
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
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.
Access to this Website may be monitored from time to time by
WRITETOUCHHEALTH. Your use of this Website constitutes your consent to such
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.
Copyright © 2004 WriteTouchHealth. All rights reserved.
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
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.
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
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.
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.
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.
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.
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
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
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.
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.
If you have any questions about the Terms & Conditions
of Use, please contact us at:
McHeyzer Management, Inc.
4823 Broadway Street, Addison TX 75001