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The Facility offers its patients the use of CareNotify™ as a courtesy. CareNotify™ uses encryption to reduce the risk that unauthorized persons will read communications, information or attachments in the application. A secure link will only be sent to the phone number on file within the patient’s record. The receiver of the text message will also have to authenticate using the patient’s last name and date of birth in order for information to be viewed.
By using this application, you agree to the below terms and conditions:
(a) have read and understood the Terms and Conditions of Use and agree to be legally bound by that Agreement; and
(b) are at least eighteen (18) years old and/or have the legal authority to agree to the provisions. The Terms and Conditions of Use are provided for your convenience. You should review these Terms and Conditions of Use because they may be revised from time to time, and will not be sent to you. Your continued access and/or use of the application will be your agreement to the new Terms and Conditions.
These Terms and Conditions of Use apply only to your use of CareNotify™ and do not apply to any other activities by the Facility.
Important Information Regarding CareNotify™
Guidelines for Safe Use of the Portal
Information available in CareNotify™ is encrypted, which is a way of protecting electronic information. While encryption reduces the risk that someone else will see your information, there are some risks to you that you should understand before utilizing CareNotify™. Some helpful things to keep in mind include:
The Facility, its physicians and staff are not responsible to you if you do not follow the Rules for Safe use of CareNotify™. You are responsible for any activity that occurs as a result of permitting another person or entity to access your information on CareNotify™.
Access, Use of Online Communications and Conditions of Participation
Discontinuing Use of CareNotify™
All rights, title and interest in and to CareNotify™ and in the Content are the sole and exclusive property of the Facility, its licensors, and/or other third parties. CareNotify™ is protected by the copyright laws of the United States and other intellectual property laws. Nothing in the Terms and Conditions of Use transfers any proprietary rights to you. You agree that all rights, title, and interest in and to any Content provided by third parties is the property of the respective third party content owners and may be protected by applicable copyright or other intellectual property laws.
Limitations of Liability
NEITHER THE FACILITY NOR ANY OF ITS LICENSORS, AGENTS, CONTRACTORS, OR SUBCONTRACTORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT. INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USECareNotify™, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH CareNotify™ IS TO CEASE TO USECARRENOTIFY.
You agree to defend, indemnify, and hold harmless the Facility and its licensors from any and all claims, losses, damages, fines, penalties, costs, expenses, and liabilities (including, without limitation, attorneys’ fees) in connection with or arising out of your: (a) violation or breach of any provision of the Terms and Conditions of Use or any applicable law or regulation, whether or not referenced herein; (b) violation of any rights of any third party; and/or (c) your use or misuse of CareNotify™. In the event you violate the Terms and Conditions of Use, we reserve the right to seek any and all remedies available in law and in equity.
THE USE OF CareNotify™ IS SOLELY AT YOUR OWN RISK. ALL INFORMATION, INCLUDING ANY CONTENT, IS PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FACILITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OR ANY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE FACILITY. THE FACILITY MAKES NO WARRANTY THAT CareNotify™ WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
CareNotify™ and these Terms and Conditions of Use will be governed by and construed in accordance with the laws of the state in which the Facility resides without regard to any principles of conflicts of laws. Venue with respect to any dispute between you and the Facility will rest exclusively in the state or federal courts located in the state in which the Facility resides. You agree that any cause of action or claim that you may have must be made within one year of when the cause of action accrued. You acknowledge that the Terms and Conditions of Use is the complete statement of the agreement between you and Facility with respect to CareNotify™ and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect toCareNotify™. There is no agency, partnership, joint venture, or physician-patient relationship between you and Facility arising solely through the use ofCareNotify™. If any provision of the Terms and Conditions of Use is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. A waiver of a breach of any provisions to the Terms and Conditions of Use will not constitute a waiver of any other breach. You are not allowed to assign the Terms and Conditions of Use or any rights here under. The Facility will not be liable to you for any loss resulting from the failure of equipment, communication s lines, unauthorized access, viruses, extraordinary weather, other acts of God, or any circumstance outside of Facility’s control.