Scope of the Service Agreement
This is a contract between you and MyMedWall ("MyMedWall "we", "us" or "our"). This
contract applies to MyMedWall and connections Accounts (the "service"). By using
or accessing the service, you confirm that you agree to the terms of this agreement,
and the terms as they may be modified in the future, with notice to you.
Please note that this service is not covered by any warranties. This agreement also
limits our liability to you.
Using the service
You must be:
- You need to be at least 18 years of age for maintaining personal health records
and the connections ; or
- You or your organization should be legal and should have genuine interest in healthcare
industry.
FOR PATIENTS
The service is intended for you to use to conveniently store your personal health
records and related information. While you may decide to authorize others, including
healthcare providers, to access your personal health information, this information
stored in your account is not intended to be, and should not be used, for diagnosis
or treatment. The information stored in your account may not always be accurate,
or up-to-date, and should be viewed by any health care provider as informational
only.If you have any emergencies you need to call 911 or call your physician or
provider directly,DO NOT USE THIS TO CONTACT YOUR PROVIDER.
When using the service, you must comply with this contract, all applicable laws,
the service code of conduct, the MyMedWallAnti-spam Policy, and other notices we
provide.
You must not use the service to harm others or the service. For example, you must
not use the service to harm, threaten, or harass another person, organization, or
MyMedWall. You must not: damage, disable, overburden, or impair the service (or
any network connected to the service); resell or redistribute the service or any
part of it; use any unauthorized means to modify, reroute, or gain access to the
service or attempt to carry out these activities; or use any automated process or
service (such as a bot, a spider, periodic caching of information stored by MyMedWall,
or metasearching) to access or use the service. You may be able to access third-party
websites or services via the service; you acknowledge that MyMedWall is not responsible
for such websites or services or content that may be available there.
For providers and other entities
The service is intended to provide connections to your colleagues and other providers
primarily within the community and outside . You can use this to share educational,marketing
and social information to all your authorized network providers as well your patients.This
is not intended to share any patient specific or emergency information. You can
view Personal health records of your patients through Sushoo health information
exchange.
When using the service, you must comply with this contract, all applicable laws,
the service code of conduct, the MyMedWallAnti-spam Policy, and other notices we
provide.
You must not use the service to harm others or the service. For example, you must
not use the service to harm, threaten, or harass another person, organization, or
MyMedWall. You must not: damage, disable, overburden, or impair the service (or
any network connected to the service); resell or redistribute the service or any
part of it; use any unauthorized means to modify, reroute, or gain access to the
service or attempt to carry out these activities; or use any automated process or
service (such as a bot, a spider, periodic caching of information stored by MyMedWall,
or metasearching) to access or use the service. You may be able to access third-party
websites or services via the service; you acknowledge that MyMedWall is not responsible
for such websites or services or content that may be available there.
Your service account and co-custodians
OOnly you may use your account credentials. You are required to keep your account
credentials confidential and not authorize any third party to access or use the
service on your behalf, unless we provide an approved mechanism for that. You must
contact us right away if you suspect misuse of your accounts or any security breach
in the service. You are responsible for all activity that takes place with your
service account. Non-personal and commercial accounts are prohibited on the service
in the absence of additional signed agreements with Sushoo and MyMedWall that explicitly
allow such account use.
If there is a co-custodian of a record in your account (because one of you invited
the other), you acknowledge that the co-custodian has full control over that record
and may: cancel your access to the record; manage other peoples' access to the record;
and view the record's data including how and when the record is used.
Your content and sharing records
You retain ownership of your content. We also don't control, verify, or endorse
the content that you and others make available on the service.
You control who may access your content, along with any co-custodians and other
invited users. If you share content in your records, then you agree that anyone
you've shared content with may use that content. When you give others access to
your content on the service, they can use, reproduce, distribute, display, transmit,
and communicate to the public the content. If you don't want others to have that
ability, don't use the service to share your content.
If you share content on the service in a way that infringes others' rights, including
privacy rights, you're in breach of this contract. You represent and warrant that
you have all the rights necessary for you to grant the rights in this section and
the use of the content doesn't violate any law. We may remove your content from
the service at any time if you breach this contract.
You're responsible for backing up the data that you store on the service. If your
service is canceled, we may permanently delete your data from our servers. We have
no obligation to return data to you after the service is canceled. Data that is
deleted may be irretrievable.
Privacy
We consider your use of the service to be private. However, we may access or disclose
information about you, your account and/or the content of your communications, in
order to: (1) comply with the law or legal process served on us; (2) enforce and
investigate potential violations of this contract; including use of this service
to participate in, or facilitate, activities that violate the law; or (3) protect
the rights, property, or safety of MyMedWall, its employees, its customers or the
public; or (4) provide de-identified data to disease tracking or syndromic surveillance
or other entities as deemed appropriate. You consent to the access and disclosures
outlined in this section.
The service is a private computer network that MyMedWall operates for the benefit
of itself and its customers. MyMedWallretains the right to block or otherwise prevent
delivery of any type of email or other communication to or from the service as part
of our efforts to protect the service, protect our customers, or stop you from breaching
this contract. The technology or other means we use may hinder or break your use
of the service.
In order to provide you the service, we may collect certain information about service
performance, your machine and your service use. We may automatically upload this
information from your machine. This data will not personally identify you. You may
read about this information collection in more detail in the MyMedWallAccount Privacy
Statement.
The service does not hold designated record sets as defined under the U.S. Health
Insurance Portability and Accountability Act of 1996 and the regulations promulgated
thereunder (HIPAA), nor medical records as defined under state law.
Changes to the contract
We may change this contract at our discretion by posting new applicable terms and
conditions. If you do not agree to the changes, we're not obligated to keep providing
the service and you must cancel and stop using the service. If you do not stop using
the service, the new terms apply to you.
NO WARRANTY
We provide the service "as-is," "with all faults" and "as available." We don't guarantee
the accuracy or timeliness of information available from the service. You acknowledge
that computer and telecommunications systems are not fault-free and occasional periods
of downtime occur. We do not guarantee the service will be uninterrupted, timely,
secure, or error-free, or that data loss will not occur. We and our affiliates and
vendors give no express warranties, guarantees, or conditions. We exclude any implied
warranties, including for merchantability, satisfactory quality, fitness for a particular
purpose, workmanlike effort, and non-infringement. You may have certain rights under
your local law. Nothing in this contract is intended to affect those rights, if
they are applicable.
Programs and devices that connect with MyMedWallare not endorsed or warranted byMyMedWall.
Product descriptions are by their manufacturers and provided for informational purposes
only. We do not operate, control or supply any information, product, or service
that is not clearly identified as supplied byMyMedWall. This site does not provide
medical or any other health care advice, diagnosis or treatment. Always seek the
advice of your physician or other qualified health provider with any questions you
may have regarding a medical condition, diet, fitness or wellness program. Never
disregard professional medical advice or delay in seeking it because of information
you accessed on or through the service.
LIABILITY LIMITATION
You can recover from MyMedWalland our affiliates and vendors only direct damages
up to an amount you pay MyMedWallfor this service. You cannot recover any other
damages, including consequential, lost profits, special, indirect, incidental or
punitive damages.
The limitations and exclusions apply to anything related to this contract, for example:
- The service.
- Loss of data.
- Content (including code) on third party Internet sites, third party programs or
third party conduct.
- Viruses or other disabling features that affect your access to or use of the service.
- Incompatibility between the service and other services, software and hardware.
- Delays or failures you may have in initiating, conducting or completing any transmissions
or transactions in connection with the service in an accurate or timely manner,
and
- Claims for breach of contract, breach of warranty, guarantee or condition, strict
liability, tort (including negligence or breach of statutory duty); or misrepresentation.
The limitations and exclusions also apply if this remedy does not fully compensate
you for any losses or fails of its essential purpose or if we knew or should have
known about the possibility of the damages.
Some or all of these limitations or exclusions may not apply to you if your state,
province, or country does not allow the exclusion or limitation of incidental, consequential,
or other damages.
Changes to the service and cancellation
We may change the service or delete features at any time and for any reason. We
may cancel or suspend your service and your access to the network at any time. Our
reasons for cancellation may include that we stop providing the service in your
region or that you breach this contract or fail to sign in to youraccount over a
period of time. If your service is canceled, your right to use the service stops
immediately. If we cancel your credentials, your right to use the account and network
stops immediately.
You may cancel the service at any time and for any reason. Sections that by their
terms apply after termination of this contract will survive any termination of this
contract.
General legal terms
Interpreting the contract
All parts of this contract apply to the maximum extent permitted by relevant law.
If a court holds that we cannot enforce a part of this contract as written, you
and we will replace those terms with similar terms to the extent enforceable under
the relevant law, but the rest of this contract will apply. This is the entire contract
between you and us regarding the service. It supersedes any prior contract or oral
or written statements regarding your use of the service. If you have confidentiality
obligations related to the service --for example, you may have been a beta tester--
those obligations remain. Other terms may apply when you use or pay for other MyMedWallservices.
The contract's section titles do not limit its terms.
Assignment
We may assign transfer, or otherwise dispose our rights and obligations under this
contract, in whole or in part, at any time without notice. You may not assign this
contract or transfer any rights to use the service.
No third party beneficiaries
This contract is solely for your and our benefit. It is not for the benefit of any
other person, except for permitted successors.
Claims
Claims must be filed within one year. You must bring any claim related to this contract
or the service within one year of the date you could first bring the claim, unless
your local law requires a longer time to file claims. If it isn't filed on time,
the claim is permanently barred.
Notices
You may notify us as stated in the customer support or "help" area for the service.
We don't accept e-mail notices. This contract is in electronic form. We may send
you, in electronic form, information about the service, additional information,
and information the law requires us to provide. We provide required information
to you by e-mail at the e-mail address you specified when you signed up for your
Service or by access to a MyMedWall web site that we identify. Notices emailed to
you will be deemed given and received when the email is sent. If you don't consent
to receive notices electronically, you must stop using the service.
ContContracting party, choice of law and location for resolving disputes
You're contracting with MyMedWallLLC, 948 S Wickham Rd, Ste 101, W Melbourne, FL
32904
If you live in the United States, Florida state law governs the interpretation of
this contract and applies to claims for breach of it, regardless of conflict of
laws principles. All other claims, including claims regarding consumer protection
laws, unfair competition laws, and in tort, will be subject to the laws of your
state of residence in the United States, or, if you live outside the United States,
the laws of the country to which we direct your service. You and we irrevocably
consent to the exclusive jurisdiction and venue of the state or federal courts in
Brevard County, Florida, USA for all disputes arising out of or relating to this
contract.
If you live in another country, outside the United States, any dispute arising out
of or in connection with this agreement, including any question regarding its existence,
validity or termination shall be referred to and finally resolved by arbitration
in Melbourne, Florida, USA in accordance with the Rules of Arbitration of the International
Chamber of Commerce ("ICC"), which rules are deemed to be incorporated by reference
into this clause. The arbitration shall be before one or more arbitrators appointed
in accordance with the ICC rules, the language of arbitration shall be English,
and the decision of the arbitrator shall be final, binding and incontestable and
may be used as a basis for judgment thereon in any country or region.
NOTICES
Notices and procedure for making claims of copyright infringement
Notifications of claimed copyright infringement should be sent to MyMedWalldesignated
agent. INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
For details and contact information, see Notice and Procedure for Making Claims
of Copyright Infringement
Copyright and trademark notices
All contents of the Service are Copyright MyMedWall LLC and/or its suppliers. All
rights reserved. We or our suppliers own the title, copyright, and other intellectual
property rights in the service and content. MyMedWall and other MyMedWall products
and services may also be either trademarks or registered trademarks of MyMedWallin
the United States and/or other countries. The names of actual companies and products
may be the trademarks of their respective owners. Example companies, organizations,
products, domain names, e-mail addresses, logos, people, places and events depicted
herein are fictitious. No association with any real MyMedWall account holder, organization,
product, domain name, e-mail address, logo, person, places or events is intended
or should be inferred. Any rights not expressly granted in this contract are reserved