3/16/2018 9:13:54 PM
Effective Date: MAY 01, 2015
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).
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.
You represent and warrant that you are 13 years old or older and that you possess the legal right and ability to:
- Register on the RelayHealth Services under your own name
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.
Use of Our Services.
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.
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.
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.
Term and Termination.
You understand that any information available to your Healthcare Provider or Authorized Users prior to termination may be retained by them.
General Legal Provisions.
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: email@example.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