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myHealth Online Terms and Conditions

Welcome to the myHealth Online website. Santa Clara Valley Health and Hospital System, which includes Santa Clara Valley Medical Center, Santa Clara County Mental Health Department, Santa Clara Valley Department of Drug and Alcohol Services, Santa Clara County Public Health Department and Santa Clara County Custody Health Services and the County of Santa Clara (collectively “SCVMC”, “we” or “us” or “our”) is pleased to offer our patients online computer access to portions of their medical record and related services through this site to you subject to your completion of an authorization and compliance with the terms, conditions, and notices set forth below. SCVMC reserves the right to limit or terminate your use of myHealth Online if you fail to abide by the Terms and Conditions. Please take the time to review them carefully.

Your Health

myHealth Online is not a substitute for direct care and should not be used for emergencies or urgent matters that could affect your health. In emergency or urgent situations, you should not use myHealth Online, but instead should dial 911, contact your physician directly, or go to the nearest emergency room. NEVER USE MYHEALTH ONLINE FOR URGENT OR EMERGENCY MATTERS.

Acceptance of Terms and Conditions

When you access, use or view this website, you thereby agree to be bound by this agreement regarding the terms and conditions of use (“Terms and Conditions”). Please note that SCVMC may revise these Terms and Conditions at any time by updating this posting. If you access, use or view this website after such revisions have been made, you may be required to accept the revised Terms and Conditions and you will be bound by them; therefore, we advise you to periodically review this page for such revisions. If you do not agree to these Terms and Conditions, please exit this website promptly. The pages on this website are also subject to the SCVMC website’s general terms and conditions set forth at http://www.scvmc.org/Pages/home.aspx.

User Responsibility

You agree that the myHealth Online service is offered as a convenience to you as an SCVMC patient, that it permits you to access portions of your SCVMC medical record, and that you are solely responsible for any myHealth Online information that you communicate, whether intentionally or not, to others. Since other SCVMC employees other than your individual healthcare provider may be involved in handling your communications, you should not use myHealth Online for confidential information you wish to discuss only with your health care provider. You are responsible for any use of myHealth Online by your agents, representatives or dependents, and you agree to inform such agents, representatives or dependents of these Terms and Conditions and their obligations to comply with them. You may not assign the rights and obligations accruing to you under these Terms and Conditions without the prior written consent of SCVMC, and any attempted assignment not in compliance with this sentence shall be void.

Your Privacy

SCVMC considers your privacy to be of vital importance. Please review our Notice of Privacy Practices, which explains how we process your information and how your information may be used at SCVMC.

All communications containing confidential medical information that are transmitted and received through the myHealth Online site are subject to all state and federal laws governing the security and confidentiality of medical and mental health records. Upon accessing myHealth Online, our web server collects and stores the following information: (1) the domain name from which you access the Internet; (2) the date and time you access the site; (3) the pages you visit; (4) the address of the website from which you linked directly to us; (5) the name and release number of the web browser software you are using; and (6) the IP (Internet Protocol) address of the computer you are using. This information may be used by SCVMC for internal evaluation, quality control, and other reasons deemed appropriate by SCVMC.

Enrollment

Your enrollment in myHealth Online is contingent on verification of your identity by an SCVMC representative. When you first enroll in myHealth Online, you will receive a unique access code from SHVHHS. This access code will permit you to create a usernameentification and password, which will be used to log into the site. If you fail to use your access code before it expires, you will have to request a new access code. This access code will only be active for the first time you log into myHealth Online. You will be required to create a unique username and password. You will be required to provide your medical record number and other identifying information when activating your account.

Passwords

The security of your personal health information contained in myHealth Online is dependent upon you selecting a secure password. It is your responsibility to create a secure password. At a minimum, your password must be minimum of 8 characters, maximum of 20 characters, must contain at least 1 letter and 1 number and cannot be the same as your username. Passwords should not contain your birthday, your social security number or any other easily guessed information.

It is extremely important that you keep your access code, username and password confidential, as anyone who knows them will have access to your confidential medical information and can send and receive electronic communications as if he or she were you. It is your responsibility to safeguard your username and password, and to notify SCVMC immediately and change your password if you believe the security of your information has been compromised. SCVMC is not responsible and has no liability for any information accessed through the sharing, loss or improper usage of your ID and password. In addition, in order to maintain the security of the site, you may be forced to change your password at any time, without prior notice, upon login and before you are allowed access to your account. You can change your password by clicking the “Change Password” link on the myHealth Online homepage. If it is discovered that you have inappropriately shared your password with another person, or otherwise misused or abused your privileges to access myHealth Online, SCVMC may discontinue your access to myHealth Online without prior notice. It is recommended that you change your password every 180 days. Every time you log into myHealth Online your username and password will be logged in an audit trail in the computer system.

Electronic Communications

SCVMC or its team may send you secure messages through myHealth Online which contain confidential medical information and other information important to the maintenance of your health. All communications using myHealth Online take place via a secure Internet connection. You will receive electronic mail (“e-mail”) notifying you that new information is available for you on myHealth Online but these e-mails will not contain any confidential medical information. However, any person with access to your e-mail will be able to see this notification. This could include your spouse, employer or anyone else that can access your e-mail account. Although no confidential information will be sent in the e-mail, the notification that new medical information is available by accessing myHealth Online may be information that a patient would not want others to know. Thus, you should take this into account when providing an e-mail address. You are responsible to monitor the emails from myHealth Online, access your account on myHealth Online and respond in an appropriate manner. You are responsible to provide SCVMC with a valid e-mail address and update SCVMC if you change your e-mail address.

You may also communicate appropriate information to myHealth Online through the secure Internet connection. When using myHealth Online to send secure messages to the health care team, use the provided drop down box relating to the subject of the communication in the message’s subject line. If your provider is not available, messages sent through myHealth Online may be forwarded to other authorized SCVMC health providers. SCVMC is only able to respond to communications based on the information you provide. If you provide insufficient information in your communication, we will be unable to provide an accurate and reliable response.

myHealth Online is not intended to replace or to serve as a substitute for in-person appointments and/or personal conversations with your physician. If myHealth Online is unavailable, you should use other means to contact SCVMC and your health care team for non-urgent matters.

Please note that the contents of any myHealth Online communication may become part of your permanent health record. This communication does not constitute an addendum, or amendment to your existing medical records. To exercise your legal rights in requesting an addendum or amendment of your medical records you should contact SCVMC’s Health Information Management Department at 751 S Bascom Ave, San Jose, CA 95128.

All messages that are sent through myHealth Online will be regarding your health care and conditions only. You may not ask advice regarding a friend or family member. Since the messages may become part of your permanent medical record and will be perceived as your health information, it is important that nobody else’s information is reflected in your messages.

Proxy Access

A patient may authorize other individuals to access the patient’s myHealth Online account. For patients under the age of 12, access will only be granted to individuals with parental rights or legal guardianship. For all other age groups, please refer to the Authorization to Disclose Health Information and Grant Access to myHealth Online form for detailed information regarding the requirements to access another person’s medical information. Access will only be granted to parties who can demonstrate a legal right to the account holder’s medical information. In some cases, a myHealth Online account will be activated for both the proxy and the account holder. If the proxy’s legal relationship with the account holder changes, the proxy must inform SCVMC immediately by calling SCVMC, or sending written notice to SCVMC Information Management Department, 2325 Enborg Lane, Ste 260, San Jose, CA 95128. SCVMC reserves the right to revoke proxy access at any time for any reason.

Security; Risks of Using Secure Sites and Secure Messaging

SCVMC uses SSL encryption technology and takes other precautions to ensure that the information contained or transmitted via HTTPS is as secure as reasonably possible from unauthorized use or access. As such, your browser must be enabled to transmit via HTTPS protocol and 1024-bit encryption. If your browser currently does not support this protocol, you will see a prompt asking you to update your security and a link to a site where you may obtain the necessary plug-in at no charge. SCVMC is using industry¬ standard encryptions technologies to protect and secure the myHealth Online site, including the secure messaging function. Because of the added security of web-based, encrypted messaging, SCVMC strongly recommends the use of secure messaging via myHealth Online, instead of e-mail, for online communications.

However, please note that while SCVMC takes measures to safeguard your security, we cannot guarantee absolute security of the system against inadvertent disclosure of intentional intrusion. The use of electronic communication systems such as the World Wide Web (including secure messaging) for communications has a number of risks that users should consider before use. Such risks include, but are not limited to, the following:

  • Electronic communications can be copied, circulated, forwarded and stored, in numerous paper and electronic files. Electronic communications can be accidentally broadcast worldwide and received by many unintended recipients. Backup copies of electronic communications may exist even after the originator or recipient has deleted his or her own copy. Employers and online services have a right to archive and inspect e-mails transmitted through their systems.
  • Message senders can misaddress a message. Messages can be intercepted, altered, forwarded, or used without written permission or detection. E-mail notifications can be used to introduce viruses into computer systems. Electronic communications may not be answered in the time frame expected by the parties or they can be misinterpreted.
  • Electronic communications are discoverable and may be used as evidence in court.
  • Passwords providing access to electronic communications can be stolen and misused, or host systems can be compromised, leading to unauthorized disclosures of personal information.
  • As a result of these risks, SCVMC cannot guarantee the security and confidentiality of secure messaging and other communication submitted through myHealth Online, and will not be liable for improper disclosure of confidential information. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY INTENTIONAL INTRUSION, UNAUTHORIZED DISCLOSURE, FAILURE, DELAY. INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SERVICE.

    Test Results

    By agreeing to these Terms and Conditions you provide SCVMC the right to post test results to myHealth Online that are not expressly forbidden by law. Should you decide you no longer would like electronic transmission of your test' results, you can choose to deactivate your account. Not all test results and other such information are posted to the myHealth Online site. Therefore, it is your sole responsibility to ensure that you request and verify results for all tests you have taken by contacting your provider directly.

    Accuracy and Integrity of Information

    SCVMC attempts to ensure the integrity of the site, but makes no guarantees about the accuracy of the site. It is possible that the site would include typographical errors, inaccuracies, or other errors. Should you find any information to be inaccurate, please submit a written and signed request to SCVMC's Health Information Management Services at 751 S Bascom Ave, San Jose, CA 95128 explaining which information is inaccurate and how it should be corrected. Information contained on the SCVMC site may be changed or updated without notice. Submission of a signed request does not guarantee the information will be updated nor imply a timeframe for updates.

    Website Availability

    Although SCVMC works to communicate when myHealth Online will be unavailable due to maintenance, backup procedures, or other system outages, providing such advance notice may not be possible at all times, and SHC cannot guarantee that you will be able to access myHealth Online at any particular time. During times when myHealth Online is unavailable, other communication methods (such as the telephone) should be used to contact your provider.

    License and Website Restrictions

    SCVMC grants you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of this website, the material provided hereon, and the accompanying services. You may not, however, in whole or in part use, reproduce, or copy the myHealth Online site or modify any content or any proprietary notices from materials downloaded or printed out from myHealth Online. Furthermore, this limited, revocable license does not include the right to: any use of the content of this site for the benefit of a third party or for personal financial benefit, except as contemplated by these Terms and Conditions; any derivative use of this website or its contents; any transmission or provision of any content from the myHealth Online site to a third party, except as specifically provided by these Terms and Conditions; any incorporation of data or other content from myHealth Online in a product designed, developed, marketed, sold or licensed by you or on your behalf; any use of data mining, robots, or similar data gathering and extraction tools; or any use of myHealth Online in a manner contrary to any applicable law. This website (or any portion thereof) and all of the content is the property of SCVMC, its licensees, or its content providers, protected by United States and international copyright and other laws, and cannot be reproduced, duplicated, copied, published, sold, visited, or otherwise exploited for any commercial purpose without express written consent from SCVMC. You may not use any SCVMC logo or other proprietary graphic or trademark as part of the link without express written permission from SCVMC. Any unauthorized use automatically terminates the licenses and permission granted above by SCVMC. SCVMC and its affiliates reserve the right to block access, refuse services, or remove or edit content in connection with this website.

    Links to Third Party Sites

    This website may contain links to other Internet sites ("Third-Party Sites") that are not owned or maintained by SCVMC, and may also contain content provided by SCVMC licensees. Links to Third-Party Sites and information provided by our licensees are included for your convenience only and do not imply approval of or endorsement by SCVMC of those sites or such content. SCVMC makes no warranties or representations and disclaims any responsibilities for the content of and products or services offered by Third-Party Sites. Further, SCVMC makes no warranties and disclaims any responsibility for the content, products, or services offered or provided by our licensees and contained on this site.

    Warranties and Disclosures

    You assume risk for any and all use of this website. FURTHER, THIS WEBSITE IS PROVIDED BY SCVMC ON AN "AS IS" AND "AS AVAILABLE" BASIS; AS SUCH SCVHSS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE INFORMATION ON THIS SITE. SCVMC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: ACCURACY, COMPLETENESS, OR AVAILABILITY OF CONTENT, NON- AGENTS AND ASSIGNS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE MYHEALTH ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. INFRINGEMENT, MERCHANTBILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, TO THE FULLEST EXTENT OF THE LAW. SCVMC DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE OR ITS DIRECTORS, OFFICERS, EMPLOYEES,

    Limitations of Liability; Indemnity

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCVMC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES, PERSONAL INJURY, MENTAL ANGUISH, EMOTIONAL DISTRESS, OR WRONGFUL DEATH THAT RESULT FROM THE USE OF, OR INABILITY TO USE THIS SITE OR THE MATERIALS PROVIDED ON THIS SITE, OR THE SERVICES OR PRODUCTS RECEIVED FROM THIS SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM ACTIONS TAKEN BY YOU OR OTHERS IN RELIANCE ON INFORMATION CONTAINED IN THIS SITE, MISDIRECTION OR INTERCEPTION OF INFORMATION, INTENTIONAL OR UNINTENTIONAL BREACHES AND ACCESS BY THOSE YOU PROVIDE YOUR username AND PASSWORD TO. YOU AGREE THAT SCVMC SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER ANY INDEMNITY OR ANY THEORY, INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PATENT OR COPYRIGHT INFRINGEMENT.

    SCVMC TAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM, ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS MYHEALTH ONLINE.

    In consideration for SCVMC's permitting you to use myHealth Online you expressly release and hold harmless SCVMC, its officers, directors, employees, agents, and assigns from any and all claims, liabilities, demands, causes of action, costs, expenses, and damages of every kind and nature, in law or equity, or otherwise, arising out of or in any way related to your use of myHealth Online, whether arising from negligence or any other acts or omissions by SCVMC. In addition, you will indemnify and hold harmless SCVMC, its officers, directors, agents, affiliates, and employees, against all actual and direct losses, liabilities, damages, claims, costs or expenses (including reasonable attorney's fees) they may suffer as the result of third party claims, demands, actions, investigations, settlements or judgments against them arising from or in connection with any breach of these Terms and Conditions, or from any breaches of confidentiality or negligence or wrongful acts or omissions, by you or your dependents, or agents.

    The provisions of this section entitled "Limitations of Liability; Indemnity" shall survive termination of this agreement.

    Applicable Laws; Arbitration; Venue

    These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. You agree that venue for any dispute, controversy or claim arising out of or related to these Terms or your use of the site will be Santa Clara, California.

    Representations of User

    You hereby represent and warrant that (1) you are at least eighteen (18) years old, or have provided SCVMC with a court order or identification indicating that you are an emancipated minor, and that you possess the legal right and ability to enter into this agreement and to use the website in accordance with these terms and conditions; and (2) the information you submit to SCVMC to gain registration is accurate, true, current and complete.

    It is unlawful to misrepresent yourself in an attempt to gain access to someone else's personal health data and unauthorized activities may be subject to prosecution.

    Your access to and use of the myHealth Online site are subject to all applicable federal, state, local and international laws and regulations. All patient information viewed through myHealth Online is strictly confidential and is subject to the protections of applicable state and federal law.

    Account Deactivation

    An account may be deemed abandoned and expired if the account has no activity for one calendar year. In order to maintain an active status on your account, then it is your responsibility to periodically login. Should your account be expired, you must contact SCVMC in order to receive a new activation code.

    Termination of Access

    You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that may infringe upon, misappropriate, or violate any rights of any party. Abuse or misuse of the myHealth Online privilege, signing on as or pretending to be another person, excessive messaging, or repeated failure to show up for appointments that you have scheduled through myHealth Online may cause your myHealth Online access to be revoked without prior notice. SCVMC may terminate your access to myHealth Online at any time, without notice, and with or without cause.

    Notice

    Notices sent to you by SCVMC in connection with myHealth Online or these Terms and Conditions may be delivered by e-mail, by written communication delivered by First Class U.S. Mail, or a notice posted on the myHealth Online site. You must give notice to SCVMC by First Class U.S Mail- postage prepaid, or by overnight courier, addressed to: SCVMC Information Services Department, 2325 Enborg Lane, Ste 260, San Jose, CA 95128

    General

    These Terms and Conditions constitute the entire agreement between you and SCVMC and govern your use of the myHealth Online website. This agreement supersedes any prior agreements between you and SCVMC relating to the access and/or use of the myHealth Online site and associated services. No modification or attempted modification of these Terms by you shall be binding on SCVMC unless made in writing and physically signed by an authorized representative of SCVMC.

    A waiver of any breach of any provision of these Terms and Conditions shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of these Terms and Conditions. The failure of SCVMC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

    If any provision of the Terms and Conditions is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

    The use of this site is unauthorized in any jurisdiction that does not give effect to the Terms and Conditions contained herein.

    All Rights Reserved

    All rights not expressly granted herein are hereby reserved.