RELAYHEALTH SUBSCRIBER (PATIENT) TERMS OF USE

Effective Date: MAY 01, 2015

RelayHealth, a division of McKesson Technologies Inc., and its affiliates (“RelayHealth”) provides Internet-based services such as secure healthcare consultation and communications with your healthcare provider and its authorized staff, medical information storage and interoperability, online healthcare information, and patient education, services and content (collectively the “RelayHealth Services”).  This RelayHealth Subscriber (Patient) Terms of Use (“Terms of Use”) contains the terms and conditions that apply to your use of the RelayHealth Services.

When you use RelayHealth you agree to these Terms of Use.  The RelayHealth Services are available to users who choose to review and accept this Terms of Use.  As part of the RelayHealth Services, you will manage your health record (“RelayClinical Record”) on RelayHealth systems and, if you have an existing medical relationship with a physician, medical group, practice or other healthcare provider who in each case uses services from RelayHealth (“Healthcare Provider”), you will be able to use the RelayHealth Services to communicate with the Healthcare Provider.  All references to healthcare providers used in this Terms of Use include any Healthcare Provider subscribing to the services from RelayHealth.   In this Terms of Use, the term “Authorized User” will mean your Healthcare Provider, any other Healthcare Provider in the same practice or group and any other users, such as nurses, medical staff or assistants authorized to act on behalf of your Healthcare Provider. 

We may change or update this Terms of Use at any time and for any reason.  If we update or change these Terms, we will post the updated Terms of Use here on our site. You should check our Terms of Use often to make certain you have the most recent version for your records.  We will always list the last date we reviewed or made changes to these Terms of Use at the top of this document.

Please read this Terms of Use carefully.  It is a legally binding contract.  You agree to be bound by the Terms of Use when you click "I Agree" and/or continue to use our site.  If you do not agree with this Terms of Use, you are not authorized to use the RelayHealth site or any of the RelayHealth Services.

Medical Disclaimers.

Do not use RelayHealth Services for medical emergencies or urgent situations.  IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR DIAL 911 IMMEDIATELY.

RelayHealth does not screen, perform background checks on, confirm the qualifications of, evaluate, or endorse any Healthcare Provider.  You are solely responsible for establishing and maintaining the relationship with your Healthcare Providers (and evaluating or confirming their qualifications).

Information on RelayHealth is not a substitute for professional medical advice, diagnosis, or treatment.  Always ask your doctor or other qualified healthcare provider any questions about a medical condition.  Resources provided by and communications via the RelayHealth Services are not comprehensive medical text and do not include all the potential information regarding the subject matter.  These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or healthcare consultation or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by RelayHealth.  RelayHealth does not practice medicine and nothing in the RelayHealth Services or Terms of Use should be construed, directly or indirectly, as the practice of medicine or dispensing of medical advice by RelayHealth.  RelayHealth and its affiliates, directors, officers, managers, employees or other representatives (collectively “Affiliates”) make no warranty as to the content of any treatment response. Never ignore professional medical advice or delay seeking treatment because of something you have read on the RelayHealth website.  

You agree to contact your healthcare provider immediately if your condition changes or your symptoms worsen.  Even if you have granted your Healthcare Provider access to your RelayClinical Record, unless you and your Healthcare Provider have agreed otherwise, you should not assume that your Healthcare Provider is actively reviewing it for changes and you should actively communicate any changes that concern you to your Healthcare Provider.

Your Account.

You represent and warrant that you are 13 years old or older and that you possess the legal right and ability to:

  • Enter into this Terms of Use
  • Register on the RelayHealth Services under your own name
  • Use the RelayHealth Services as described in this Terms of Use
  • Accept the responsibilities described in this Terms of Use

You are solely responsible for maintaining the confidentiality of your password and for all activities that occur using your user name and password.  You agree to prohibit anyone else from using your password and notify RelayHealth immediately if you believe there has been any unauthorized use of your password or other security concerns.

Privacy:  RelayHealth respects your privacy and takes privacy very seriously.  By accepting this Terms of Use and our Privacy Policy, you consent to the use and disclosure of personally identifiable information provided to us as outlined in both this Terms of Use and the Privacy Policy.

Use of Our Services.

RelayClinical Record: Your RelayClinical Record with the RelayHealth Services is intended to store your personal health information online and allow the collection of your health information from other sources, including your Healthcare Providers.  Health information includes such information as health conditions, allergies and medications.  You agree to provide accurate information for your RelayClinical Record, to review your information regularly, and to update your information as needed.  For additional information about the use of your RelayClinical Record, please see our complete Privacy Policy.  By sharing your RelayClinical Record with your Healthcare Provider, you understand that your Healthcare Provider may include your information as part of your medical chart and may share this information in the same ways that your Healthcare Provider shares other information in your medical chart, including with other healthcare providers.  Some of the data held in your medical chart by the Healthcare Providers with which you share your RelayClinical Record also may be added to your RelayClinical Record.  You should not assume that a Healthcare Provider has added all the information they have about you to your RelayClinical Record.  It is your responsibility to review and confirm any information in your RelayClinical Record. 

You may authorize another person (such as a family member) to access your RelayClinical Record in accordance with the authorized representative appointment processes adopted by RelayHealth.  You can also remove an authorized representative following those processes.  You will follow the instructions set forth in the RelayHealth Services if you wish to authorize or remove a personal representative.  You have the option of expressing preferences about whether your Healthcare Provider provides access to your RelayClinical Record to other healthcare providers outside of his or her practice or group; however, your Healthcare Provider may still exercise his or her independent medical judgment to provide this access to your RelayClinical Record, including in an emergency situation.  It is important to note that even if your Healthcare Provider does not provide access to your RelayClinical Record to other healthcare providers, your Healthcare Provider may still disclose the information that is in your medical chart to other healthcare providers.

You acknowledge and agree that, unless you have a written agreement with your Healthcare Provider to the contrary, your Healthcare Provider will not be (a) reviewing your RelayClinical Record for accuracy or completeness; or (b) relying on your RelayClinical Record in connection with making treatment decisions.  You acknowledge and agree that all Authorized Users may access your RelayClinical Record and respond to your inquiries or provide services to you via the RelayHealth Services.  

Educational Resources:  Your Healthcare Provider and Authorized Users may send you information about medical and health related topics.  This information may include medical and health related information, links to other related websites and specific questions about your RelayClinical Record.  Additionally, RelayHealth may provide you with access to self-care information and general medical and health information. Communications and resources from RelayHealth are not comprehensive medical information and may not include relevant or updated information specific to you or your healthcare visits. 

Referrals and Communications:  Your Healthcare Provider and Authorized Users may send communications and/or refer you as a patient to another healthcare provider.  Communications and referrals may contain personally identifiable and health information about you.  Your Healthcare Provider is solely responsible for obtaining authorization or any required consents before disclosing this information.  RelayHealth will not change any information contained in referral messages and/or attachments.  We cannot verify them for accuracy or completeness.  Your Healthcare Provider may send messages to healthcare providers who are not registered with RelayHealth.  You agree that RelayHealth is not responsible for communications and referrals.

Cost:  Unless otherwise noted, there is no cost for your use of the RelayHealth website or RelayHealth Services. Your Healthcare Provider may charge you for webVisit® or other services provided by your Healthcare Provider using the RelayHealth website or RelayHealth Services. 

webVisit®:  The webVisit is a voluntary online questionnaire that guides a patient through clinical questions designed to help your Healthcare Provider make a medical assessment of you.  If you choose to use webVisit on our site, your Healthcare Provider may charge a fee for answering a webVisit request you submit.  You are solely and personally responsible for these fees.  You agree that RelayHealth may charge your credit card for fees from your Healthcare Provider for your webVisit.  Generally the fees for webVisit are not covered by health insurance and government programs.  If your health insurance does reimburse for webVisit, you may be responsible for a copayment.  RelayHealth is not responsible for your coverage status or for determining if your insurance plan will cover the cost of a webVisit.

Neither RelayHealth nor the insurance companies that reimburse your Healthcare Provider for a webVisit (“Participating Payers”) make any representation or guarantee about any treatment responses in a webVisit.  You and your Healthcare Provider are solely responsible for all information and/or communication sent during a webVisit or other communication.

Any information provided as part of a webVisit may become part of your RelayClinical Record.  However, your RelayClinical Record may not include information from all visits and/or a recent healthcare visit

Prescriptions:  You agree that any prescriptions that you acquire or request from your Healthcare Provider through RelayHealth will be solely for your personal use.  You agree to read all provided product information and labels.  You also agree to contact your Healthcare Provider if you have any questions about your prescriptions.

Intellectual Property:  RelayHealth gives you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the RelayHealth material from the RelayHealth website and to use the RelayHealth Services and related software or services solely for your personal, noncommercial use.  With the exception of your RelayClinical Record, RelayHealth retains all right, title and interest in and to any RelayHealth intellectual property, the RelayHealth Services and any content, products, documentation, software or other materials on the RelayHealth website, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right therein.  Except as explicitly stated in this section, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by RelayHealth or its licensors received through the RelayHealth Services.  Any copy made of information obtained through the RelayHealth site must include the copyright notice. RelayHealth does not authorize you to use, reproduce, copy, or redistribute RelayHealth’s logo(s) without written permission from RelayHealth.

Operation and Record Retention:  RelayHealth reserves complete and sole discretion related to the operation of the RelayHealth Services.  RelayHealth may, among other things withdraw, suspend or discontinue any functionality or feature of the RelayHealth Services.  RelayHealth is not responsible for transmission errors, corruption, or compromise of data carried over local or interchange telecommunication carriers.  RelayHealth is not responsible for maintaining all data created by use of the RelayHealth Services.  RelayHealth reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the RelayHealth Services pursuant to its internal record retention and/or destruction policies.  Read more about retention of your information in our complete Privacy Policy.

Limitations on Use:  You agree not to access or use the RelayHealth Services in an unlawful way or for any unlawful purpose. You will send e-mails to other parties solely for personal communication and no other purposes, including commercial purposes, or for mass distributions of unsolicited e-mails. 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 or links to any virus, worm, Trojan horse, malware, spyware, exploit, potentially or actually malicious or destructive code, or any webpage, site, computer, or server containing the same.   You also agree not to share your password or login credentials with anyone else. RelayHealth reserves the right to delete any information that you provide or 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.

Disclaimers, Limitation of Liability, and Indemnity.

Disclaimer:  YOU ACKNOWLEDGE THAT YOUR USE OF THE RELAYHEALTH SERVICES IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THE RELAYHEALTH SERVICES.  ALL INFORMATION OR SERVICES CONTAINED ON OR PROVIDED BY RELAYHEALTH ARE “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. 

TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, RELAYHEALTH AND ITS AFFILIATES 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, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RELAYHEALTH AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE RELAYHEALTH SERVICES WE PROVIDE TO YOU.

RELAYHEALTH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT:

  • THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS
  • ANY TREATMENT, ACTION, APPLICATION, OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED BY OUR SERVICES

LIMITATION OF LIABILITY: IN NO EVENT WILL RELAYHEALTH BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF $1,000.00. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT WILL RELAYHEALTH BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL 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 BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY SERVICE WE OFFER, OR ANY MATERIAL OR INFORMATION CONTAINED IN OR ACCESSED THROUGH OUR SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RELAYHEALTH IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. IF CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY, THESE LIMITATIONS WILL NOT APPLY IN ANY JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.

Indemnity:  You agree to indemnify, defend and hold harmless RelayHealth 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 Healthcare Provider, any negligent or wrongful action or omission by you related to your use of our RelayHealth Services or any negligent or wrongful use of our RelayHealth 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.

Notice, Takedown Procedures, and Copyright Agent:  If you believe any materials accessible on or from the RelayHealth website infringe your copyright, you may request removal of those materials (or access thereto) from our website by contacting RelayHealth’s copyright agent and providing the following information:

  • Identification of the copyrighted work that you believe is used without permission or is copyrighted. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Your name, address, telephone number and (if available) e-mail address.
  • A statement that you have a good faith belief that the noted use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Contact RelayHealth’s agent for copyright issues as provided for in the Notice section of this Terms of Use.

Term and Termination.

This Terms of Use is effective on the date you first access or use the RelayHealth Services and/or complete our registration process.  You or RelayHealth can terminate your right to use the RelayHealth Services and these Terms of Use at any time.  If RelayHealth ends your use of our RelayHealth Services, with or without cause, we may but are not obligated to communicate that termination status to your Healthcare Provider.  If RelayHealth terminates the relationship with your Healthcare Provider, RelayHealth may but is not obligated to communicate that to you. This Terms of Use and the licenses granted by it will terminate without notice if you (or any authorized person using your account) do not comply with this Terms of Use or the rules for use of the RelayHealth Services promulgated by RelayHealth from time to time.  If your account is cancelled, you will destroy all copies of RelayHealth materials that you have and stop any access to or use of the RelayHealth Services.

You understand that any information available to your Healthcare Provider or Authorized Users prior to termination may be retained by them.

General Legal Provisions.

Third Party Sites:  From time to time, RelayHealth may include links to third party Internet sites as a convenience for you.  The inclusion of a link does not imply endorsement of the linked site by RelayHealth and we are not responsible for the content or information contained on any other site.  Any time you visit a third party site, you should review their privacy policy so that you understand how they collect, use, and disclose your personal information.  

Third Party Rights:  The indemnification and limitation of liability provisions in this Terms of Use are for the benefit of RelayHealth.  Any authorized individuals or entities affiliated with RelayHealth have the right to enforce those provisions directly against you on their own behalf.

Notice:  RelayHealth may provide you notice by email to the email address in your RelayClinical Record, by a general notice on the RelayHealth website, by written communication delivered by first class U. S. mail or express courier to your address on record in the RelayHealth Services account information, or by other communication means including SMS or telephony.  In the event that we must notify you regarding a potential unauthorized disclosure of your personal information, we may do so via email.  You may give notice to RelayHealth at any time via email to: support@relayhealth.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to:

RelayHealth Customer Support
6475 Christie Avenue, Suite 500
Emeryville, CA  94608 

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 the RelayHealth Privacy Policy represent the complete agreement between you and RelayHealth concerning the subject matter herein.   Together, they replace all prior oral or written communications with you about the Terms of Use and/or Privacy Policy.  RelayHealth may modify the Terms of Use as we described above.

Assignment:  You may not assign, transfer or delegate this Terms of Use or any part of it without RelayHealth's prior written consent. RelayHealth 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 California without giving effect to any choice of law rules or principles. Any cause of action or claim you may have with respect to RelayHealth 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 RelayHealth Services or the RelayHealth website.

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