TERMS AND CONDITIONS OF USE

1. Terms of Use

My Health at Vanderbilt (MHAV) is an electronic health record portal developed for patients of Vanderbilt University Medical Center (VUMC).

Services and content provided by My Health at Vanderbilt are available to users who are over 18 or their authorized representatives.

My Health At Vanderbilt Services are intended to help you better communicate with your physician's office and staff, to access portions of your medical record that are exposed to patients by Health Information Management (HIM) policy, and to provide general educational information.

To obtain access to MHAV, you must agree to be bound by these Terms of Use, and your use of MHAV or MHAV Services constitutes agreement to the Terms of Use. The most current version of these Terms and Conditions can be accessed at any time by selecting the "MHAV Terms of Use" link on the MHAV website. VUMC may change these Terms of Use from time to time and may notify you of these changes upon login, requiring you to review and accept them before you continue to use MHAV. Your continued use of MHAV after such changes become effective constitutes acceptance of the new terms. If you do not agree to such changed terms, or if at any time you no longer wish to otherwise abide by these Terms of Use, you should not access or use MHAV. VUMC reserves the right to revoke or deactivate your account at any time for any reason.

2. Use of Services

NOT FOR EMERGENCIES. MHAV Services are not for use for medical emergencies or urgent situations. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR URGENT SITUATION, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Your Account. You represent and warrant that you possess the legal right and ability to enter into this Terms of Use, to register with MHAV under your own name or as an authorized representative, and to use the MHAV Services in accordance with the Terms of Use and to abide by the obligations hereunder. You represent and warrant that you will maintain your username and password in strict confidence. You will not share your username or password with any third party or allow another person to access MHAV using your username and password. You represent and warrant that all information provided to VUMC in connection with this Agreement, including the process of registration for MHAV, is true, accurate and complete. You acknowledge and agree that, messages sent to your provider will become part of your VUMC Medical Record and may be accessed and responded to by other staff and physicians authorized to access your medical record. For additional information regarding use of your information in the VUMC Medical Record, please see our Notice of Privacy Practices.

Delegate Relationship. You may authorize another person (such as a family member) to access your MHAV account as your ‘delegate’ as defined by VUMC policy (IM 10-30.20). By assigning a delegate to access your MHAV records, you understand that your delegate can access all MHAV services and clinical record data available to you through MHAV. Delegate relationships may be set directly through MHAV. Surrogate Relationship. You may view other medical records under specific circumstances; e.g. a child for who you are the parent or court-appointed legal representative or an adult patient lacking mental capacity for whom you are the court-appointed conservator. A surrogate has access to another user’s MHAV records, and they can access all MHAV services and clinical record data available to the other user. Surrogate relationship access may be requested of Patient Service Representatives at any VUMC clinic or in person at the Center for Health Information Management and will require documentation of the surrogate’s legal authority You may revoke delegate or surrogate authorizations at any time. Note that from time to time, these relationships must be renewed as defined by VUMC policy (IM 10-30.20). Please contact the VUMC Privacy Office for more information regarding current policy towards delegate and surrogate MHAV access rights: privacy.office@vanderbilt.edu. VUMC Security Controls. VUMC seeks to prevent unauthorized access to your personal information by maintaining a secure firewall and using security controls to protect the integrity and privacy of any personal information you provide. As an additional security measure, VUMC encrypts your personal information during transmission (encryption temporarily makes the text unreadable during the time it is being transmitted over the Internet). Although we endeavor to protect your personal information, VUMC cannot and does not warrant the security of any information you transmit to us through online applications and devices, and you do so at your own risk.

Devices used to access MHAV. You specifically agree not to access MHAV from mobile devices, PCs or laptops without sufficient security controls. You agree that you are using and will continue to use at a minimum: current anti-virus definitions, anti-malware software, and operating system updates. You are responsible for installing and maintaining all equipment and systems necessary to access MHAV and for paying all charges related thereto. Passwords. Access to MHAV is enabled only by usernames and passwords. You will choose your username and password when registering for access. You agree to maintain your username and password in strict confidence. You agree that you will not share your username or password with any third party or allow another person to access MHAV using your username and password. You agree that you will immediately notify VUMC Help Desk (615.343.HELP) if you have any reason to believe that your username or password has been lost or compromised or misused in any way. You are fully and solely responsible for any and all use of MHAV under your username and password. Educational Resources. We may send you information about common medical and health topics, preventive care messages specifically for you, and links to useful web sites. We may also give you access to services providing general medical and health information for self-care. These resources are not comprehensive. They are intended only for general educational and informational purposes. They should not be used as a substitute for patient-specific medical diagnosis, treatment, or consultation. Neither should they be construed, directly or indirectly, as the practice of medicine or the dispensing of medical services. This information is not meant to replace the advice of a health care professional. It has been compiled from a variety of sources and should not be considered to have been authored by VUMC. VUMC makes no warranty in regards to this information.

Intellectual Property. VUMC hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing, downloading a copy of a portion of your health record, or transferring a portion of your health record to another provider. You may use material on MHAV and MHAV Services solely for your personal, noncommercial use. VUMC retains all right, title and interest in and to the MHAV, MHAV Services and any content, products, documentation, software or other materials on the MHAV web site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing. The information available through MHAV Services is the property of VUMC and is protected by United States copyright, trademark, and other intellectual property laws. You agree not to sell, publish, broadcast, or circulate the information owned by MHAV received through MHAV Services to anyone, including but not limited to others in your organization for any commercial purpose. Any copy made of information obtained through the MHAV web site must include the copyright notice, which states use, reproduction, copying, or redistribution of VUMC’s trademarks or logos is strictly prohibited without written permission from VUMC.

3. Legal Notices and Disclaimers.

General Disclaimers. YOU ACKNOWLEDGE THAT YOUR USE OF THE MHAV SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW VUMC AND ITS AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, RELAYHEALTH AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE MHAV WEB SITE AND OTHER SERVICES PROVIDED HEREUNDER. VUMC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE MHAV SERVICES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VUMC NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF VUMC IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY, SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.

4. Privacy

VUMC respects your privacy and takes privacy very seriously. By accepting this Terms of Use, you consent to the use and disclosure of personally identifiable information provided to us as outlined in our Notice of Privacy Practices, which is incorporated herein by reference. Information We Collect You will be asked to provide personal information (including but not limited to certain demographic and contact information, phone number, text messaging service, and email addresses) during the MHAV registration process, when making appointment requests, during the MHAV login process, or when providing feedback to us about your experiences using MHAV. The information required is noted on each specific form or registration page. Additional questions might be included to help us improve the services we offer. How We Use This Information VUMC uses the information you provide to operate MHAV and to provide MHAV Services to you. In addition, VUMC may also use certain personal information, including your email address, phone number, and text messaging service, to provide VUMC-related communications to you as well as to provide certain information and surveys, including research opportunities, clinical services outreach, event notification, and patient satisfaction surveys relating to your use of services provided by VUMC and certain VUMC affiliates. VUMC will attempt to communicate with you per your preferences as managed in your account settings, but communicating via this preference may not always be possible given the nature of the communication or due to technical limitations. You may request that we limit the use and sharing of information about you for treatment, payment, or business reasons. You must make your request to limit the use and sharing of your information in writing to the Privacy Office at privacy.office@vanderbilt.edu or 4560 Trousdale Drive, Nashville, TN 37204. We reserve the right to accept or reject your request. We will let you know if we do not agree to your request. If we do agree, our agreement must be in writing. We currently provide MHAV services for free, but your phone or internet carrier's normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you will update your account information on MHAV within 48 hours to ensure that your messages are not sent to the person who acquires your old number. Secure Messaging Management MHAV allows for secure messaging to members of your care team. These messages are not to be used for emergencies. If you feel this is an emergency call your doctor or dial 911. Messages are typically responded to within 1-2 business days.

5. General Legal Provisions

Third Party Sites. Although the MHAV web site may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link is not nor does it imply an endorsement of the linked site by VUMC. VUMC takes no responsibility for the availability or accuracy of content or information contained on those other sites, and does not exert any editorial or other control over those other sites. VUMC does not take responsibility for the privacy policies and practices of these third-party links. Operation and Record Retention. VUMC reserves complete and sole discretion with respect to the operation of the MHAV Services. VUMC may, among other things withdraw, suspend or discontinue any or all functionality or feature of the MHAV Services at any time and without notice. VUMC is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. VUMC is not responsible for maintaining data arising from use of the MHAV Services. VUMC reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to MHAV Services pursuant to its internal record retention and/or destruction policies.

Limitations on Use. You agree not to access or use the MHAV Services in an unlawful way or for any unlawful purpose. You agree not to post or transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of VUMC or any of its users. VUMC reserves the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS VUMC AND ITS AFFILIATES FROM AND AGAINST ALL LOSSES, LIABILITY, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, ARISING OUT OF OR RELATED TO ANY BREACH OF THIS TERMS OF USE, YOUR RELATIONSHIP WITH YOUR PHYSICIAN, ANY NEGLIGENT OR WRONGFUL ACTION OR OMISSION BY YOU RELATED TO YOUR USE OF OR PROVIDING OF SERVICES THROUGH VUMC, OR ANY NEGLIGENT OR WRONGFUL USE OF THE MHAV SERVICES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING YOUR ACCOUNT.

Third Party Rights. The indemnification provisions set forth above and the provisions under Section 3 Legal Notices and Disclaimers are for the benefit of VUMC and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Term and Termination. This Terms of Use shall commence upon the date you first access or use the MHAV Services and/or complete the registration process. Either you or VUMC may terminate this Terms of Use and your right to use the MHAV Services at any time, with or without cause. This Terms of Use and the licenses granted hereunder shall terminate without notice in the event you (or any authorized person using your account) fail to comply with the terms and conditions of this Terms of Use, or the rules for use of the MHAV Service promulgated by Vanderbilt from time to time. Upon any termination, you will destroy all copies of Vanderbilt materials in your possession and cease any access to or use of the MHAV Services.

Notice. VUMC may provide notice by e-mail to the e-mail address you provided VUMC in registration, by a general notice on the MHAV Web site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the MHAV Services account information. You may give notice to VUMC at any time via electronic mail to webmaster@vanderbilthealth.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to Office of the General Counsel, Vanderbilt University Medical Center, Suite 750, 2100 West End Avenue, Nashville, TN 37203. Severability. The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

Entire Agreement. This Terms of Use, together with any VUMC rules or policies referred to herein, represents the complete agreement between you and VUMC concerning the subject matter hereof, and it replaces all prior oral or written communications concerning such subject matter. VUMC may modify this Terms of Use as set forth above.

Assignment. You may not assign, transfer or delegate this Terms of Use or any part of it without VUMC’s prior written consent. VUMC may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

Waiver. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

Governing Law. This Terms of Use shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any choice of law rules or principles. You agree that Davidson County, Tennessee shall be the sole and exclusive venue for any legal action or proceeding between VUMC and you for any purpose concerning this Terms of Use. Any cause of action or claim you may have with respect to VUMC must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the MHAV Services or web site.