myHealth Online Terms and Conditions

Welcome to the myHealth Online website. myHealth Online us a tablet-based website that gives admitted patients and their families more information about the patient’s hospital stay. Patients can use myHealth Online to make non-urgent requests, learn about their health and care and review education materials as well as review other relevant data such as vital signs and lab results. Santa Clara Valley Health and Hospital System, which includes Santa Clara Valley Medical Center (SCVHHS), Santa Clara County Behavioral Health Services Department (Mental Health and Alcohol & Drug Services), Santa Clara County Public Health Department and Santa Clara County Custody Health Services and the County of Santa Clara (collectively “SCVHHS”, “we”, “us” or “our”) is pleased to offer our patients online computer access to portions of their medical record and related services through this site while you are admitted at our facility. This access is subject to your completion of an authorization and compliance with the terms, conditions, and notices set forth below. SCVHHS 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

NEVER USE MYHEALTH ONLINE FOR URGENT OR EMERGENCY MATTERS. 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 or go to the nearest emergency room.

Acceptance of Terms and Conditions

When you access, use or view this website ('myHealth Online'), you thereby agree to be bound by this agreement regarding the terms and conditions of use (“Terms and Conditions”). Please note that SCVHHS 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.

User Responsibility

You agree that the myHealth Online service is offered as a convenience to you as an SCVHHS patient, that it permits you to access portions of your SCVHHS medical record, and that you are solely responsible for any myHealth Online information that you communicate, whether intentionally or not, to others. myHealth Online may not be used for illegal or inappropriate purposes, including but not limited to:
• Unlawful or illegal activities, including the downloading of licensed material without authorization, or downloading copyrighted material from the Internet without the publisher’s permission.
• To access, create, transmit, print, download or solicit material that is or may be construed to be harassing or demeaning toward any individual or group for any reason, including based on sex, age, race, color, national origin, creed, disability, political beliefs, organizational affiliation, or sexual orientation.
• To access, create, transmit, print, download or solicit sexually oriented messages or images.
• The knowing propagation or downloading of viruses or other contaminants.

Since other SCVHHS 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 SCVHHS, and any attempted assignment not in compliance with this sentence shall be void.

Your Privacy

SCVHHS 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 SCVHHS. You may obtain a copy of the latest Notice of Privacy Practices form our Registration or Admitting staff when you come to any of our facilities for services or treatment. NOTICE OF PRIVACY PRACTICES.

All communications containing confidential medical information that are transmitted and received through the myHealth Online site or county-provided iPad are subject to all state and federal laws governing the security and confidentiality of medical and mental health records. Upon accessing myHealth Online or the internet using the county-provided iPad, 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 SCVHHS for internal evaluation, quality control, and other reasons deemed appropriate by SCVHHS.

Enrollment

Your enrollment in myHealth Online is contingent on verification of your identity by an SCVHHS representative. When you first enroll in myHealth Online, you will receive a unique access code from SCVHHS. This access code will permit you to create a user name 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 SCVHHS immediately and change your password if you believe the security of your information has been compromised. SCVHHS 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, 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, SCVHHS 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

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 medical 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 SCVHHS’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

In some cases, a myHealth Online account will be activated for both the proxy and the account holder, if the proxy delegation occurred prior to the inpatient admission. For patients under the age of 12, access will only be granted to individuals with parental rights or legal guardianship. Access will only be granted to parties who can demonstrate a legal right to the account holder’s medical information.

If the proxy’s legal relationship with the account holder changes, the proxy must inform SCVHHS immediately by calling SCVHHS, or sending written notice to SCVHHS Information Management Department, 2325 Enborg Lane, Ste 260, San Jose, CA 95128. SCVHHS reserves the right to revoke proxy access at any time for any reason.

Security; Risks of Using Secure Sites and Secure Messaging

SCVHHS 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. SCVHHS 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, SCVHHS strongly recommends the use of secure messaging via myHealth Online, instead of e-mail, for online communications.

However, please note that while SCVHHS takes measures to safeguard your security, we cannot guarantee absolute security of the system against inadvertent disclosure or intentional intrusion. The use of electronic communication systems such as the World Wide Web (including secure messaging) for communications has several 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 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.

Because of these risks, SCVHHS 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 SCVHHS the right to post non-sensitive test results to myHealth Online that are not expressly forbidden by law. Not all test results and other such information are posted to the myHealth Online. 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

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

License and Website Restrictions

SCVHHS 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 the content is the property of SCVHHS, 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 SCVHHS. You may not use any SCVHHS logo or other proprietary graphic or trademark as part of the link without express written permission from SCVHHS. Any unauthorized use automatically terminates the licenses and permission granted above by SCVHHS. SCVHHS 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 SCVHHS and may also contain content provided by SCVHHS 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 SCVHHS of those sites or such content. SCVHHS makes no warranties or representations and disclaims any responsibilities for the content of and products or services offered by Third-Party Sites. Further, SCVHHS 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 all use of this website. FURTHER, THIS WEBSITE IS PROVIDED BY SCVHHS ON AN "AS IS" AND "AS AVAILABLE" BASIS; AS SUCH SCVHHS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE INFORMATION ON THIS SITE. SCVHHS 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. SCVHHS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE OR ITS DIRECTORS, OFFICERS, or EMPLOYEES.

Limitations of Liability; Indemnity

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCVHHS 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 SCVHHS 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. SCVHHS 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 SCVHHS's permitting you to use myHealth Online you expressly release and hold harmless SCVHHS, 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 SCVHHS. In addition, you will indemnify and hold harmless SCVHHS, 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 you possess the legal right and ability to enter into this agreement and to use the website in accordance with these terms and conditions.

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. To maintain an active status on your account, it is your responsibility to periodically login. Should your account be expired, you must contact SCVHHS to receive a new activation code. See Contact Us for more information.

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 (e.g., signing on as or pretending to be another person, or excessive messaging) may cause your myHealth Online access to be revoked without prior notice. SCVHHS may terminate your access to myHealth Online at any time, without notice, and with or without cause.

General

These Terms and Conditions constitute the entire agreement between you and SCVHHS and govern your use of the myHealth Online website. This agreement supersedes any prior agreements between you and SCVHHS 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 SCVHHS unless made in writing and physically signed by an authorized representative of SCVHHS.

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 SCVHHS 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.