Medlink Electronic Health Records ("Service") ("Medlink EHR") is a personal health platform to gather, store, and share health information online. You can share your health information with family, friends, health care professionals and first responders.
All Medlink EHR service packages are for a minimum term of one year. Term is automatically renewed until cancelled in writing by the customer.
SHARING YOUR PERSONAL HEALTH INFORMATION
A key value of the Service is the ability to share your health information with people and services who can help you meet your health-related goals. For example, you can share health information from records you control: to co-manage the health of a family member to use products and services that can improve or monitor your health to consult with your health care provider and of course with a first responder in an emergency situation.
SECURITY OF YOUR PERSONAL HEALTH INFORMATION
Medlink EHR is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, and disclosure. For example, we store the personal information you provide on computer servers with limited access that are located in controlled facilities. The Service sends all communications, using HIPPA compliant encryption. Medlink EHR requires all employees and contractors to maintain the confidentiality of your information and prohibits them from using the information for any other purpose.
This Agreement is a legal agreement between you and Medlink EHR. The Service is designed to permit you, your healthcare providers or your designee to submit your personal health-related information for you to use in the management of your personal health care. The Service provides access to only the information that you have provided or retrieved with your authorization. The Service does not provide access to your health records that may be stored in one or more computer databases on one or more computer networks within a given medical facility or between medical facilities. The Service is for your personal and noncommercial use only. As a condition to continued use of the Service, you will use the Service solely in accordance with the terms and conditions of this Agreement.
Subject to the terms of this Agreement, Medlink EHR grants you a non-exclusive, personal, noncommercial, limited license to access and use the Service and the data stored in your Profile. You may download and/or print a copy of the information stored in your Profile from the Service for your personal use only and, when appropriate, in a manner consistent with any applicable laws.
Medlink EHR reserves the right to add new functionality or features to the Service and to withdraw, suspend or discontinue any functionality or feature of the Service without prior notice.
The content on the Service and in your Profile, including but not limited to, text, graphics, images, information provided by you, your healthcare providers or your designees is intended for informational and educational purposes only. The content on the Service and in your Profile should not be considered medical or health advice. The content on the Service and in your Profile is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should never disregard professional medical advice or treatment or delay seeking professional medical advice or treatment because of something on the Service. The content on the Service or in your Profile should not be used in place of a visit, call, consultation or advice to, with or from a qualified healthcare provider, including your personal physician.
ANY QUESTIONS ABOUT YOUR MEDICAL CONDITION OR TREATMENT FOR THAT CONDITION SHOULD BE DIRECTED TO YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTHCARE PROVIDER.
Medlink EHR is not a covered entity as that term is defined by HIPAA and is not, therefore, required to comply with its requirements. Medlink EHR considers your privacy to be of the utmost importance. Medlink EHR will not use, disclose, or process the information submitted for inclusion in your Profile except to the extent necessary for the proper management and administration of the information or in order to carry out the legal responsibilities of Medlink EHR.
Your access to and use of the Service and your Profile is available on automatically renewable monthly or annual subscription basis, provided that you remain in compliance with the terms and conditions of this Agreement and provided further that this Agreement has not been earlier terminated by you or Medlink EHR.
You are subscribing to access and use the Service and to store data in your Profile for 12 months and are authorizing Medlink EHR to charge your credit card for the amount of the initial set up fee and the monthly or annual membership fee.
Either you or Medlink EHR may terminate this Agreement and your right to use the Service and your Profile at any time, with or without cause, by giving written, electronic or facsimile notice to the other party no later than thirty (30) days prior to the end of any membership period. Medlink EHR reserves the right to immediately terminate this Agreement or suspend your access to the Service or your Profile, with or without prior notice, in the event that Medlink EHR determines, in its sole discretion, that you, your healthcare providers or your designees have violated a material provision of this Agreement, including your failure to make timely payment of the monthly subscription fee. In the event Medlink EHR terminates or suspends this Agreement and your
access or use of the Service or your Profile, Medlink EHR will provide you with notice of termination or suspension within ten (10) days after the effective date of the termination or suspension. There are no refunds.
The termination or suspension of this Agreement will not affect any provision, which by its wording or its nature, is intended to remain effective and to continue to operate in the event of termination or suspension, and shall not prejudice or affect the rights of you or Medlink EHR against the other in respect of any breach of the terms and conditions of this Agreement.
Medlink EHR will maintain technological systems, policies and procedures to guard against unauthorized access to information that is transmitted electronically. Whenever your information is entered, uploaded or submitted to be included in your Profile through the Service, that information will be communicated using encryption technology and/or appropriate technical security mechanisms, including, without limitation, Secure Socket Layer ("SSL") encryption software.
Medlink EHR cannot and will not guarantee that: (a) the information, during its transmission to your Profile, will be protected against loss, misuse or alteration by third parties; (b) access to your Profile will be uninterrupted; or, (c) SSL encryption cannot be breached.
Any document or image submitted to Medlink EHR will become the property of Medlink EHR and will not be returned. Medlink EHR assumes no responsibility for the quality of the documents or medical images reproduced on the Service or for medical decisions which are based on documents, images of information stored in your Profile or accessed through the Service. Upon reasonable notice Medlink EHR will assist you to correct the information in your Profile or may deactivate your Profile or change your user name and/or password.
Medlink EHR cannot and will not assume any responsibility or liability for any information submitted to your Profile or any information that is used or misused whether submitted by you, your healthcare providers, your
designees, or any third party, whether or not acting on your behalf.
You understand, agree, consent, authorize and grant Medlink EHR, its employees, officers, directors, agents and contractors, and all other persons or entities involved in the operation of your Profile, the rights to (a) access, transmit, receive, monitor, retrieve, store, maintain your individually identifiable health information and to use the information in your Profile for purposes related to the operation of the Service and your Profile, including
but not limited to converting documents received on your behalf to an electronic format, maintaining the data in your Profile; and (b) provide you or anyone acting with your user name and password to access, view, add, revise and/or delete information from your Profile.
Medlink EHR has complete and sole discretion over the operation of the Service and your Profile. Medlink EHR reserves the right to take whatever action it may deem appropriate to prevent, abate or correct any act or omission by you, your healthcare providers or designees that is not consistent with your responsibilities under this Agreement, including, without limitation, deleting images and/or personal health records in the event you fail to maintain a current payment status; removing or blocking materials that are abusive, libelous, defamatory or obscene, be fraudulent, deceptive or misleading, violate a copyright or trademark or other intellectual property right of another, contain or have attached a program, virus, worm, or other device or code
that could pose a security risk, or are offensive or otherwise unacceptable to Medlink EHR.
You, on your own behalf and on behalf of your healthcare providers or your designees, are responsible to include only that information in your Profile that you own or otherwise control the rights to use. To control the dissemination and use of your user name and password and to promptly inform Medlink EHR if you believe that an unauthorized person has access to your user name or password. To monitor and control the information in your Profile, and to promptly inform Medlink EHR if you believe that any information in your Profile is not complete or accurate. To authorize, monitor and control access to and the use of the Service and your Profile, and to promptly inform Medlink EHR if you believe that an unauthorized user has accessed, added information to, removed information from, or in any way altered any of the information contained in your Profile.
You represent and warrant to Medlink EHR that: (1) You are at least 18 years of age and that you possess the legal right to enter into this Agreement, to use the Service, to establish the Profile and to store and access information from your Profile (2) You are financially responsible for the use of the Service and your Profile by you, your healthcare professionals and your designees, including minors for whom you have responsibility and/or who are living with you and for other immediate family members living with you. (3) You will comply with the responsibilities and obligations in this Agreement, and you understand and agree that failing to comply with any of the responsibilities or obligations may result in civil or criminal liability.
All content on the Service, including, without limitation, all graphs, graphics, photographs, text, sounds, data and audio and video clips, and all compilation or derivative works, including, without limitation, the collection, selection, arrangement, assembly and coordination of all content available on the Service, is the exclusive property of Medlink EHR, its licensors or its content suppliers, and is protected by U.S. and international copyright laws.
By including your personal health information, records and diagnostic images in your Profile, you are granting Medlink EHR the non-exclusive, limited license to use, reproduce, transmit, distribute, disseminate, sell, publish, broadcast, circulate, display and reformat your information subject to the terms of this Agreement.
The Service is provided "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" without warranty of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular use or purpose, title, infringement, accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the SERVICE, YOUR PROFILE OR THE CONTENT ON THE SERVICE OR IN YOUR PROFILE.
Medlink EHR cannot and will not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data or inability to access data. Further, Medlink EHR cannot and does not warrant that the functions or services performed on the Service will be uninterrupted or error-free, or that defects in the Service will be corrected. Medlink EHR cannot and will not WARRANT that any one or all of your healthcare providers will transmit all or any portion of your medical records or other health information. You should not rely exclusively on the Medlink EHR Content to accurately and completely describe your past, present, or future
physical or mental health or condition or the provision of health care to you.
Medlink EHR will not independently and separately verify the truth and accuracy of information supplied by your healthcare providers or entered by you. Information that is submitted by your healthcare providers or entered by you or your designee will be considered by Medlink EHR as accurate and complete. You and your healthcare providers are solely responsible for identifying and correcting any and all errors in information stored by Medlink EHR on your behalf.
You are solely responsible for (a) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (b) maintaining a means external to Medlink EHR for the reconstruction of any lost data. You understand and agree that information communicated to or otherwise entered in the Service will be communicated over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet Service Providers and others, all of which are beyond the control of Medlink EHR. Medlink EHR cannot and will not assume any
liability for or related to the delay, failure, interruption, interception or corruption of any data or other information communicated to or entered in your Profile.
Neither Medlink EHR nor its officers, directors, employees, or agents, nor any of their licensors, vendors, service providers or suppliers or their respective officers, directors, employees or agents (individually, an "Indemnified Party" and collectively, the "Indemnified Parties") have any liability to you under any theory of liability or indemnity in connection with, arising out of, or in any way incident to this Agreement or any activity related to your access or use of the Service, your Profile or any content or information on the Service or in your Profile.
You hereby release and forever waive any and all claims you may have against the Indemnified Parties for any loss or damage you may sustain in connection with your use of the Service or your Profile. Notwithstanding the foregoing paragraph, the total collective liability of the Indemnified Parties, if any, for your losses or damages will not exceed the fees you paid to Medlink EHR for your access to and use of the Service and your Profile during the (1) calendar year immediately preceding the date of your claim.
All other damages, direct or indirect, special, incidental, consequential or punitive, including but not limited to, lost profits or damages resulting from lost data or business interruption arising from any use of or inability to use the Service, your Profile or any content or information on the Service or in your Profile, are hereby excluded even if an Indemnified Party has been advised of the possibility of such damages. You will defend, indemnity and hold harmless each Indemnified Party from and against any and all claims, demands, or liabilities incurred by an Indemnified Party arising out of, or in any way incident to this Agreement or any activity related to your access to or use of the Service, your Profile, or any content or information posted on the Service or included or omitted from your Profile. You understand and agree that such indemnity shall apply regardless of whether any such claim, demand or liability arises in whole or in part from the actual or alleged sole, comparative, concurrent, active, passive, contributory or gross negligence of an Indemnified Party.
Entire Agreement. This Agreement, as amended from time to time, constitutes the entire agreement and understanding between the parties with respect to the specified services, responsibilities, and obligations. This Agreement supersedes all prior oral or written agreements and understandings between the parties with respect to such services, responsibilities and obligations.
Medlink EHR reserves the right to amend this Agreement from time to time without notice. Such Amendment shall be effective immediately upon either posting the Amendment or this Agreement as amended. Your continued access to or use of the is conclusive evidence of your acceptance of any and all Amendments and the most current amended Agreement.
The provisions of this Agreement are severable. In the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions, but the invalid or unenforceable provision shall be deemed modified to the extent necessary to render it valid or enforceable, preserving to the fullest extent permissible the intent of the parties.
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, excluding any conflict of laws principles. Further, the parties stipulate that this Agreement is deemed to have been made and entered into by them in the State of Arizona. With respect to any suit, action, or proceedings relating to this Agreement (the "Proceedings"), each party irrevocably submits to the exclusive jurisdiction of the courts of the State of Arizona and the County of Maricopa, and irrevocably waives any objection which it may have at any time to the laying of venue of any Proceedings brought in any such court, waives any claim that such Proceedings have been brought in an inconvenient forum, and further waives the right to object, with respect to such Proceedings, that such court does not have jurisdiction over such party. Nothing in this Agreement precludes either party from enforcing in any jurisdiction any judgment, order, or award obtained in any such court.
Medlink EHR may assign its rights and obligations under this Agreement to any party at any time without notice. Commencing immediately upon such assignment, Medlink EHR shall be relieved of any further obligation hereunder.
Any notice which may be or is required to be given under this Agreement shall be in writing and shall be sent by facsimile, or as an electronic record attached to an email. Any notice required by Medlink EHR will be
provided to you in your Profile, or by electronic mail to the address you provide and maintain in your Profile.
All notices required by you will be provided to Medlink EHR by electronic mail or facsimile to the address provided by Medlink EHR.