These terms of service ("Terms of Service") govern your participation in the Online Health Assessment Questionnaires sent to you by your healthcare provider (the "Healthcare Provider"). The Online Heath Assessment Questionnaires will be sent to you using SMS text and other online messaging services. These messaging services are provided by third party technology companies under contract with your Healthcare Provider (the "Business Associates").
You must accept these Terms of Service to participate in and respond to the Online Health Assessment Questionnaires. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS, YOU SHOULD NOT PARTICIPATE IN THE ONLINE HEALTH ASSESSMENT QUESTIONNAIRE PROGRAM.
By agreeing to these Terms of Service, you acknowledge that you will be providing personal health information in response to Online Health Assessment Questionnaires. You are requesting that your Healthcare Provider provide the personal health information you give in your answers to your healthcare team. You acknowledge that the information submitted will become part of your personal health record. Examples of the personal health information include, but are not limited to, daily blood pressure measurements, glucose levels, pulse oximeter readings and other self-administered tests.
As your Healthcare Provider, we consider the privacy of your health information to be one of the most important elements in our relationship with you. We take our confidentiality obligations to you very seriously. Please be aware of the following:
You understand that you will be interacting with your healthcare team electronically when responding to the Online Health Assessment Questionnaires. Your answers are not a substitute for in-person consultation with a clinician or a substitute for emergency services.
You hereby agree to hold the Healthcare Provider its affiliates, the Business Associates, and all clinicians under contract with the Healthcare Provider or its affiliates and their respective shareholders, affiliates, officers, directors, employees, and agents, harmless from and against any claim, loss, liability, cost and expense (including, without limitation, costs of investigation and reasonable attorneys' fees), directly or indirectly relating to, resulting from or arising out of any matter relating to or resulting from your use or participation in the Online Health Assessment Questionnaires.
You understand that it is extremely important that you keep access to your mobile phone or other registered online device secure and your passcode completely confidential. If at any time you feel that the confidentiality of your passcode has been compromised, you agree to change it by clicking on the "Forgot Passcode" link contained in any previous SMS text questionnaire messages. You also can click on the menu option while interacting with the most recent daily questionnaire and choose the "Change Passcode" option to reset your passcode. If your passcode is misused by you or anyone else or you otherwise violate these Terms of Service, the Healthcare Provider may discontinue your participation without prior notice.
You understand that access to Online Health Assessment Questionnaires may not be available at all times due to unanticipated system failures, back-up procedures, maintenance, or other reasons. Access is provided on an "as-is as-available" basis and the Healthcare Provider does not guarantee that you will be able to complete Online Health Assessment Questionnaires at all times. You understand that the Healthcare Provider and Business Associates take no responsibility for and disclaim any and all liability arising from any inaccuracies or defects in software, communication lines, mobile phone carriers, SMS text messaging service providers the Internet or your Internet Service Provider (ISP), access system, computer hardware or software, or any other service or device that you use to complete Online Health Assessment Questionnaires.
Any waiver or failure by Healthcare Provider to exercise its rights under these Terms of Service will not create a continuing waiver of such rights. If any provision of these Terms of Service is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. These Terms of Service state your entire agreement with Healthcare Provider and the Business Associates concerning use of and participation in the Online Health Assessment Questionnaires.