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UNLV MEDICINE MYCHART TERMS AND CONDITIONS


I. Acceptance of the Terms and Conditions of Use

You are being provided access to the UNLV Medicine MyChart medical information and communication system (“MyChart”) through UNLV Medicine. The following Terms and Conditions govern your access to and use of MyChart, including any content, functionality, and services offered on or through MyChart, whether as a guest or a registered user. Please read these Terms and Conditions carefully before accessing MyChart. By accessing or using MyChart, you accept and agree to be bound by these Terms and Conditions. If you do not wish to agree to these Terms and Conditions, you must not access or use MyChart.

II. Access Code, MyChart ID, and Password

Upon your initial enrollment in MyChart, you shall be provided with an access code. The access code you receive will give you the opportunity to create a personal login name (the “MyChart ID”) and a password. You understand that your MyChart ID and password will be necessary to access your health information via MyChart. You shall keep your login name and password completely confidential. You understand that anyone with access to your login name and password will be able to access your confidential medical information, read messages, or send new messages as if they were you. You shall be solely responsible for preventing the disclosure of your login and password, and shall change your password at any time you feel that your security has potentially been compromised. UNLV Medicine shall not be subject to any liability, which may arise from a breach of medical record confidentiality as a result of you sharing or losing your MyChart ID or password. UNLV Medicine reserves the right to disable any access code, MyChart ID, password, or other identifier, at any time in its sole discretion for any or no reason, including, if, in its opinion, you have violated any provision of these Terms and Conditions.

III. MyChart Availability

UNLV Medicine reserves the right to withdraw or amend MyChart, and any service or material which may be provided on MyChart, in its sole discretion and without notice. UNLV Medicine shall not be liable if for any reason all or any part of MyChart is unavailable at any time or for any period. From time to time, UNLV Medicine may restrict access to some parts of MyChart, or all parts of MyChart, to users. You shall be responsible for making all arrangements necessary for you to have access to MyChart and ensuring that all persons accessing MyChart through your internet connection are aware of, and agree to, these Terms and Conditions.
IV. Amendments to Terms and Conditions
UNLV Medicine may revise and update these Terms and Conditions from time to time in its sole discretion. All changes are effective immediately upon posting and apply to all access to and use of MyChart thereafter. Your continued access to and use of MyChart following the posting of revised Terms and Conditions shall constitute acceptance and agreement to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding upon you.

V. Privacy

Your privacy and the protection of your health information is of the utmost importance to UNLV Medicine. UNLV Medicine affords the same degree of confidentiality to your protected health information stored on MyChart as is given to medical information stored by UNLV Medicine in any other medium. UNLV Medicine will maintain your protected health information in strict confidence and shall not disclose any of your protected health information unless the disclosure has been authorized by you or is permissible by law. Please review the [UNLV Medicine Notice of Privacy Practices] for a full description of how UNLV Medicine may gather, use, and protect your health information. You consent to all actions UNLV Medicine takes with respect to your information consistent with its [Notice of Privacy Practices]. You authorize UNLV Medicine to release your personal health information to you via MyChart. You understand that access to your health information is for your use only. You may revoke this authorization at any time in writing, and you shall have a right to receive a copy of this authorization upon request. While MyChart is configured to be secure from unauthorized access, You agree that UNLV Medicine shall not be held responsible for:
a. Absolute security of all electronic communication transmissions between patient and MyChart;
b. Unauthorized disclosure resulting from a user not logging out of an active session;
c. Unauthorized disclosure resulting from a lost or stolen user ID and password;
d. Unauthorized disclosure resulting from information printed by the user from MyChart;
e. Unauthorized disclosure resulting from personal computer settings or installed software products that may compromise information security; or
f. Similar events outside the substantial control of UNLV Medicine or MyChart.

VI. Electronic Messaging via MyChart

MyChart should never be used for urgent matters. The anticipated turnaround time for response to electronic messages is [3] business days. Therefore, for all urgent medical matters, please contact your physician’s office by phone, proceed to an emergency room, or dial 911. You agree that any messages or communications sent through MyChart shall comply with all applicable federal, state, local, and international laws and regulations. Further, You shall not send any messages or communications that:
a. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or are otherwise objectionable;
b. Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions;
c. Promote any illegal activity, or advocate, promote, or assist any unlawful act;
d. Are intended to cause annoyance, inconvenience, embarrassment, or vexation to another;
e. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
In the event your provider is out of the office or unavailable, messages sent via MyChart may be routed to other authorized caregivers within UNLV Medicine in order to facilitate a timely response to your request. As such, you agree and understand that providers other than your primary healthcare provider may be involved in addressing your request. All messages sent and received within MyChart that contain medical information are subject to all state and federal laws governing the security and confidentiality of medical records. All communications between you and UNLV Medicine using MyChart shall occur over a secure connection. You will receive Internet e-mail messages notifying you that new information is available in your MyChart account. These e-mail messages, however, will not contain any confidential medical information. All of the confidential medical information available to you in MyChart is protected and securely maintained by UNLV Medicine.

VII. Appropriate Use

Access to the MyChart system is granted to users for the purpose of furthering their medical care. You may use MyChart only for lawful purposes and in accordance with the Terms and Conditions. You shall not use MyChart in any way that violates any applicable federal, state, local, or international law or regulation. Further, you shall not use MyChart in any way that violates these Terms and Conditions or attempts in any way to interfere with the proper working conditions and operation of MyChart. UNLV Medicine may suspend or terminate your access to MyChart should you engage in any improper activities, including but not limited to, using inappropriate or abusive language, reserving appointment times that are not needed or are frequently cancelled, and any other activities that are deemed to cause a disruption to clinical operations.

VIII. Medical Information

The information provided on MyChart is provided “as is” without warranty of any kind. MyChart is meant for use only to support the patient’s relationship with their current or future medical professional and UNLV Medicine assumes no responsibility for how you use the information you obtain from MyChart. Your reliance on the material in MyChart is at your own risk. You should consult with a physician or other health care provider regarding your own condition and how the information provided on MyChart may or may not apply to you. UNLV Medicine shall not be liable for any damages suffered by the user or other third parties related to, directly or indirectly, the material and information contained in MyChart. The electronic record provided on MyChart is the property of UNLV Medicine and the information displayed in MyChart may not be the complete medical record. Should you wish to obtain official copies of your medical records, you must contact UNLV Medicine directly. You may be accessing your own medical information via the MyChart application and may wish to communicate with one of your health providers about that or related information. If you have an emergency, or think you need to speak to someone urgently, do not use the email communication options provided to you by MyChart. MyChart is not a substitute for appropriate and timely contact with your physician.

IX. Minor Eligibility

An individual must be age 18 or older to request a personal account to MyChart. Parents or guardians of minor children under the age of 12 may request proxy access to a minor’s MyChart account by completing the Proxy Access Portion of the MyChart Consent Form submitting it to UNLV Medicine. Such access will only be granted to parties with parental rights or legal guardianship over the MyChart account holder and only to the extent that the party requesting proxy access can demonstrate the legal right to account holder’s medical information. A MyChart 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 UNLV Medicine immediately. UNLV Medicine reserves the right to revoke proxy access at any time for any reason. Minor children between the ages of 12 and 17(inclusive) will not be eligible to participate in MyChart services. Under State and Federal law, there are certain types of medical information that the parent or guardian of a minor patient age 12 or older may not view without consent of the minor patient. Because of these requirements, we cannot offer MyChart services to parents of minor patients in this age category. Thus, when a minor patient reaches age 12, proxy access is revoked.

X. Enforcement and Cooperation With Legal Authorities

UNLV Medicine reserves the right to terminate or suspend your access to all or part of MyChart for any or no reason, including without limitation, any violation of these terms of UNLV Medicine. Further, UNLV Medicine may take all appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of MyChart. To the extent that such a disclosure would otherwise comply with applicable state and federal law, UNLV Medicine shall have the right to fully cooperate with any law enforcement authorities or court order requesting or directing UNLV Medicine to disclose the identity or other information of anyone accessing or communicating on or through MyChart. YOU WAIVE AND HOLD HARMLESS UNLV MEDICINE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY UNLV MEDICINE DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER UNLV MEDICINE OR LAW ENFORCEMENT AUTHORITIES OR TAKEN IN RESPONSE TO A COURT ORDER.

XI. Disclaimer of Warranties

YOUR ACCESS TO AND USE OF MYCHART, ITS CONTENT, AND ANY RELATED SERVICES OR ITEMS OBTAINED THROUGH MYCHART IS AT YOUR OWN RISK. MYCHART, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER UNLV MEDICINE NOR ANY PERSON ASSOCIATED WITH UNLV MEDICINE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF MYCHART, ITS CONTENT, AND ANY RELATED SERVICES OR ITEMS. WITHOUT LIMITING THE FOREGOING, NEITHER UNLV MEDICINE NOR ANYONE ASSOCIATED WITH UNLV MEDICINE REPRESENTS OR WARRANTS THAT MYCHART, ITS CONTENT, OR ANY RELATED ITEMS OR SERVICES WILL BE ACCURACE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNLV MEDICINE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE.

XII. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL UNLV MEDICINE, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNETION WITH YOUR ACCESS TO OR USE OF MYCHART, ANY CONTENT ON MYCHART, OR ANY RELATED SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

XIII. Trademarks

UNLV Medicine, MyChart, and all related names, logos, product, and service names, designs, and slogans are trademarks of UNLV Medicine or its affiliates or licensors. You must not use such marks without the prior written permission of UNLV Medicine. All other names, logos, product and service names, designs, and slogans on MyChart are the trademarks of their respective owners.

XIV. Waiver and Severability

No waiver by UNLV Medicine of any term or condition set out herein shall be deemed a further waiver of such term or condition or a waiver of any other term or condition, and any failure of UNLV Medicine to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is deemed by a court of competent jurisdiction to be invalid for any reason, such provision shall be limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

XV. Choice of Law

These Terms and Conditions shall be governed by the laws of the State of Nevada.

XVI. Arbitration

UNLV Medicine may require, in its sole discretion, that any dispute which may arise from your use of MyChart, or in connection with these Terms and Conditions, be submitted to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Nevada law.

XVII. Release to Insurance Companies

With your authorization, this information may be released to insurance companies when applying for insurance. UNLV Medicine takes no responsibility for erroneous medical information that you provide via MyChart that may impact your ability to be covered by insurance. Without your authorization, medical information may be released to your insurance for payment of health care claims.

XVIII. Website Links

MyChart may offer links to related medical websites not managed or maintained by UNLV Medicine. These websites are for a patient’s informational purposes only. UNLV Medicine does not endorse and has not verified the accuracy of the information which may be contained on such websites, and you should not rely upon any of the information found on the websites for purposes of treatment or diagnosis.

XIX. Entire Agreement

These Terms and Conditions, and any other documents incorporated herein, constitute the entire agreement between the parties with respect to the subject matter contained herein.