HACKENSACKUMC MYCHART TERMS AND CONDITIONS

MyChart (the "MyChart" or "Site") and its related services, including the materials available on the Site (collectively, the "Materials") are provided by Hackensack University Medical Center ("us," "we," "our" or "HUMC") as a convenience to its patients and authorized users ("you" or "your"), subject to your agreement to be bound by the terms and conditions set forth below.

You should familiarize yourself with these terms and conditions because they establish your rights and responsibilities as a user of MyChart. We understand that the privacy and security of your personal health information is important and use our best efforts to protect that privacy. However, please keep in mind that your health information may not be secure as a result of a number of factors inherent in web-based, password protected internet access.

These Terms and Conditions set forth your agreement governing use of the MyChart website and the products and services available on the Site. BY ACCESSING OR USING MYCHART, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE MYCHART AND MUST IMMEDIATELY EXIT THE SITE.

If you have been designated by another individual to request and to receive that individualís personal health information you must request a MyChart Account for a third party, by submitting a MyChart proxy access form. In addition to the MyChart proxy access terms, you must agree to comply with these Terms and Conditions.

Please remember to come back and check this Page regularly, as the MyChart Terms and Conditions may be updated periodically, without any notice to you.

All inquiries regarding MyChart and/or your medical records should be directed to:

Hackensack University Medical Center Health Information Department 30 Prospect Avenue Hackensack, NJ 07601 551-996-2074

I.  Privacy

Your privacy is important to us. We use your confidential medical information in order to provide you with health care services. We will, at all times, maintain your medical information in confidence and will not disclose any information regarding you to any unaffiliated third party unless you authorize that person to receive your information or if the information is legally permitted to be disclosed. Please review our Notice of Health Information Practices for a thorough description of how we gather, use and protect your confidential medical information. All information sent and received within MyChart that contain confidential medical information are subject to all state and federal laws governing the security and confidentiality of medical records. By using MyChart and/or designating a "proxy", you are authorizing us to make certain of your confidential medical information available for disclosure.

A patient must be age 18 or older to request a MyChart account. In addition, an adult caregiver may request a MyChart Account for certain family members by following the "Proxy Access" section of these Terms and Conditions.

II.  Proxy Access

An adult caregiver may request "proxy" access to the MyChart Account of : (a) an unemancipated minor for whom the caregiver is parent or legal guardian with the right to such information (until such time as the minor child becomes emancipated or reaches 18 years of age, or (b) a competent adult individual who authorizes in writing that the caregiver have access to such information, or (c) an incompetent adult individual pursuant to an Order of the Court or other legal authorization granting the caregiver access to such information. When proxy access is granted, the adult caregiver will be given access to the MyChart Account of the patient. This means that the adult caregiver will have access to certain confidential health information of the patient. Individual(s) who are granted proxy access are required to advise the HackensackUMC Health Information Department immediately if they no longer have the right to access the patientís health information or upon the death of the patient. Notice shall be given in writing to the Health Information Department at the address above within five (5) business days of the event triggering a change in Proxy Access. Every reasonable effort should also be made to contact and inform the Health Information Department immediately by calling 551-996-2074 and stating that you would like to report a change in Proxy Access to MyChart. In order to request proxy access, the requestor must obtain and complete a MyChart Adult Proxy or MyChart Child Proxy Form from the Medical Centerís Health Information Department. Proxy access only will be granted to individuals that the Medical Center determines have the right to receive the patientís personal health information. You may designate any number of individuals to have proxy access to the MyChart Account. We reserve the right to revoke proxy access to MyChart at any time for any reason. All Proxy Access for another person will cease immediately upon the death of that other person.

III.  MyChart Features

     A.  Electronic Messaging

          You will be notified via e-mail when there is new medical information to be viewed on MyChart. This means that any person with access to a patientís e-mail will be able to see this notification. This could include the patientís spouse, employer or anyone else that can access a patientís e-mail account. Although no private medical information will be sent in the email, the notification that new medical information is available by accessing MyChart may be information that a patient would not want others to know. You should take this into account when deciding which e-mail address to provide to MyChart. If you send us an e-mail communication, it may be shared with our staff who assist the physician in providing the patientís medical care.

     B.  Secure Communications

          We place considerable emphasis on the privacy of patient information and compliance with State and Federal Privacy Laws. MyChart is configured to be secure from unauthorized access. We limit our employeesí access and ability to enter or view information based upon their role in your care. Firewalls, passwords, encryption, and audit trails are further used to safeguard your information. We shall identify the records released and note the time and date of access each time a patient or proxy accesses MyChart. We have taken steps to make all information received from our online visitors as secure as possible against unauthorized access and use.

          For other than general information viewing, MyChart must be accessed with a Secure Sockets Layer (SSL) compatible browser or terminal (Internet Explorer versions 7.0 or greater). Our SSL web server uses authentication and offers the highest level of encryption technology commercially available (128-bit RC4).

          You can tell when you are at a secure website by looking at the location (URL) field. If the URL begins with "https://" (instead of "http://"), the document comes from a secure server. This means your data probably cannot be read or deciphered by unauthorized individuals. You can tell whether you are truly connected to us by viewing the digital certificate. This certificate verifies the connection between the server's public key and the server's identification. However, we cannot and do not guarantee that: (a) the your confidential health information, during its transmission, will be protected against loss, misuse or alteration by third parties; or (b) your access will be uninterrupted or available at all times; or (c) SSL encryption cannot be breached.

          User names and passwords provide two layers of authentication and are stored in an encrypted database that is isolated from the Internet. As a MyChart user, your role in maintaining the security of your medical information is: 1) Changing your password on a regular basis, and 2)Keeping your login ID and password confidential.

          Even though we make a reasonable effort to secure your confidential medical information and related information, you understand that any transmission by way of email or otherwise on the internet is potentially subject to unauthorized access. You agree that we are not responsible for:

            1.  Absolute security of all electronic communication transmissions with you and us;             2.  Unauthorized disclosure resulting from a user not logging out of an active session;             3.  Unauthorized disclosure resulting from a lost or stolen user ID and password;             4.  Unauthorized disclosure resulting from information printed by the user from MyChart;             5.  Unauthorized disclosure resulting from personal computer settings or installed software products that may compromise information security; or             6.  Similar events outside the substantial control of the Host Sites.

     C.  Access Code

          When you initially enroll in MyChart, you will be provided with an access code. The access code you receive will give you the opportunity to create a personal login name (called "MyChart ID") and a password. Once this access code has been used it will no longer be valid. It is extremely important that you keep your login name and password completely confidential. Anyone with access to your login name and password will be able to access your confidential medical information. That person will also be able to read your messages and send new messages as if they were you. It is your responsibility to prevent disclosure of your login and password, and to change your password if you feel that your security has been compromised. You may change your password at any time.

IV.  Your Use of MyChart

     (a)  to maintain all equipment required for access to and use of the MyChart Site, other than equipment owned or operated by HackensackUMC or its affiliates and vendors;      (b)  to maintain the security of User IDs, Passwords, and other confidential information relating to your MyChart Account;      (c)  not to introduce onto the MyChart site or to users of the site, directly or indirectly, computer viruses, worms, Trojan horses or other code that manifests or could potentially manifest contaminating or destructive properties;      (d)  to notify HackensackUMC as soon as reasonably practicable of any real or suspected unauthorized use of your MyChart account;      (e)  to comply with instructions provided by HackensackUMC for using, maintaining, or correcting your MyChart account;      (f)  to comply with HackensackUMCís Privacy Policy; and      (g)  to ensure that all communications submitted to or entered into your MyChart account, as well as access to and use of the MyChart site by you or your designated proxies, does not under any circumstances, do any of the following:

            (i) transmit any information that is libelous or defamatory;             (ii) transmit any message, data, image or program that is indecent, obscene or pornographic;             (iii) transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted materials, trade secrets or other confidential proprietary information and trademarks or service marks used in an infringing manner;             (iv) use MyChart to threaten, harass, stalk, abuse or otherwise violate the legal rights, including rights of privacy and publicity, of others;             (v) intercept or attempt to intercept the transmission of files or other private communications not intended for you;             (vi) use MyChart to advertise or offer, on an unsolicited basis, to sell goods or services to anyone or use MyChart for purposes of distributing unsolicited messages to one or more individuals;             (vii) upload or download files that contain software or other material protected by intellectual property laws, privacy laws, or publicity laws, or any other applicable law unless personally owned or controlled or unless the necessary consent(s) to use, access, and/or communicate such files has been received;             (viii) upload information, documents, and/or files that contain viruses, worms, Trojan horses, corrupted data or other code that manifests or potentially could manifest contaminating or destructive properties;             (ix) use MyChart in such a manner as to affect adversely the availability of its resources to others;             (x) falsely or fraudulently purport to be an employee or agent of HackensackUMC or its vendor(s); or             (xi) fail to comply with applicable laws and regulations while using or accessing MyChart.

V.  Materials Available on MyChart

The Materials are our property and provided "as is" without warranty of any kind. You understand only a portion of the patientís medical record is available through MyChart and that you may obtain a complete copy of your medical chart from the Medical Centerís Health Information Department. The Materials are meant for use only to support the patient's relationship with their current or future medical professional. The Materials and Site 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. Nothing on the Site should be used for medical diagnosis or treatment, or to suggest a course of treatment for a particular User or patient. Patients and Users should never disregard professional medical advice or treatment or delay seeking professional medical advice or treatment because of something in the Materials or on the Site. You may access your own medical information via MyChart and may wish to communicate with one or more of your health care providers about that or related information. You understand that any medical information entered into MyChart by you, or through any other application authorized to share data with MyChart, may not be seen by your healthcare provider. If you have an emergency, or think you need to speak to someone urgently, please do not use the email communication options provided to you by MyChart. Neither MyChart nor any other application available through this Site is a substitute for appropriate and timely contact with your physician. You should never change or stop any course of treatment prescribed by your physician without first consulting him or her directly.

VI.  Availability, Accuracy and Integrity of Information

You understand and agree, consent, and authorize:
  (a) your individually identifiable health information to be stored, entered, and maintained on the MyChart site in accordance with the terms of this Agreement; and
  (b) you and anyone with your MyChart user ID and password or a proxy ID and password, may access, view, add, revise, and/or delete information from your account.
Although we attempt to ensure the integrity of MyChart and the materials available on MyChart, we make no guarantees whatsoever as to the correctness or accuracy of MyChart or the materials available on MyChart. It is possible that MyChart or the materials available on MyChart could include typographical errors, inaccuracies or other errors. The materials displayed in MyChart may not be your complete medical record. Contact us directly for official copies of your medical record or in regard to discrepancies with the medical information listed in your record. MyChart and materials available on MyChart may be changed or updated without notice.

VII.  Termination of Access

We may limit or terminate access to MyChart at any time. If access is limited for planned maintenance of the MyChart system, every effort will be made to communicate the expected downtime to all users in advance. However, there may be reasons to restrict access to MyChart without advance notice. We always reserve the right to permanently terminate your access to MyChart, or to alter or terminate the MyChart service.

VIII.  Links to Other Sites

We make no representations whatsoever about any other web site that you may access through MyChart or any entity that may post its advertisements on this Site or any such third party website. When you access a site not maintained by us, please be advised that it is independent from us, and that we have no control over the content on that web site. We do not endorse or accept any responsibility for the content or use of any other linked site. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.

IX.  Relationship Between Physicians and HUMC

You understand that the physicians at HUMC are not employees or agents of HUMC. These physicians are independent practitioners or contractors who have been granted the privilege of using HUMCís facilities for the care and treatment of their patients. HUMC is not responsible for the judgment exercised by these physicians. These independent physicians include, but are not limited to, Emergency Department physicians, anesthesiologists, cardiologists, neonatologists, obstetricians, pathologists, radiologists, surgeons, the on-call physician and other consultants who may treat you. In addition, HUMCís charges do not include the fees charged by these physicians for their services. You will be responsible for the fees charged by these independent physicians, which will be billed separately and may not be covered by your insurance plan. If you have a question about a physicianís relationship with HUMC, you may contact the HUMC Medical Staff Office at 201-996-2020.

X.  MYCHART FOR PERSONAL USE ONLY

MyChart is for personal and noncommercial access and use only.

XI.  Intellectual Property

The Materials and MyChart site are our property or licensed by a third party for use by us. While you are permitted to access the Materials for your personal, non-commercial use only, that permission is revoked if you violate these terms. In addition, we may revoke that permission for any reason. The Materials may not be modified in any way or reproduced or distributed or used for any public or commercial purpose unless we expressly permit it in writing. The Materials are copyrighted and any unauthorized use of these materials may violate copyright, trademark, and other laws. If your authorization to use this site is terminated and you must immediately destroy any downloaded or printed materials.

     A.  Copyright Copyrights for the materials contained in this site, including all text, graphics, and photos, are owned by Hackensack University Medical Center, © 2008-2011 or by the third party licensors whose names appear in the Materials. All rights reserved.

     B.  Trademark HackensackUMC and "Hackensack University Medical Center" are our trademarks and service marks. Any other trademarks or service marks appearing on the Materials are the property of the respective owners and/or operators of those sites.

XII.  Other Terms

     (A)  No Liability.  You agree that we are not liable for any damages suffered by you or any third party related to, directly or indirectly, the Materials or the Site. In no circumstances will we be liable to you or any other person for damages of any type, including without limitation direct, indirect, special, incidental or consequential damages, even if informed of the possibility of such damages. We cannot guarantee access to MyChart and are not liable for the user's inability to access or view the Materials. By using MyChart, you agree to hold us harmless and indemnify us and our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers against any damages, claims, or other claims asserted against us related to, directly or indirectly, the Materials or the Site.

     (B)  Choice of Law/Exclusive Forum.  These terms and conditions are entered into in the State of New Jersey (even if you are located outside the State of New Jersey at the time you agree to them) and shall be governed by the laws of the State of New Jersey, exclusive of its choice of law rules. Each party to these terms and conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the State of New Jersey for any dispute with us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, or content providers related to, directly or indirectly, the Materials.

     (C)  NOTICE OF CLAIM DEADLINE.  YOU MUST NOTIFY HACKENSACKUMC IN WRITING WITHIN THREE (3) MONTHS OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO ANY DISPUTE THAT YOU MAY HAVE WITH HACKENSACKUMC OR ANY OF ITS VENDORS.

SUCH NOTICE MUST BE SENT VIA U.S. MAIL, CERTIFIED, RETURN RECEIPT REQUESTED TO: HACKENSACKUMC, 30 PROSPECT AVENUE, HACKENSACK, NJ 07601, ATTN LEGAL DEPARTMENT.

IF YOU FAIL TO PROVIDE SUCH WRITTEN NOTICE OF YOUR CLAIM, YOU FOREVER WAIVE THE RIGHT TO PURSUE A CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

     (D)  Partial Invalidity.  If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any of these terms and conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

     (E)  Revisions.  We may revise and update these terms and conditions at any time without additional notice to you. You are responsible for checking the Terms and Conditions posted at the http://mychart.humed.com and Notice of Health Information Practices websites before each use of MyChart. Your continued use of MyChart will be considered acceptance of all changes to these Terms and Conditions. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms on particular pages at this site.

     (F)  Third Party Rights.  The provisions of these Terms and Conditions are for the benefit of HackensackUMC and its member, officers, directors, employees, and agents, and its affiliates, information providers, suppliers, and their respective officers, directors, employees, and agents. Each of these individuals or entities will have the right to assert and enforce those provisions directly against you on its own behalf.

     (F)  Third Party Rights.  HackensackUMCís failure to insist upon or enforce strict performance of any provision of this agreement or to exercise any rights herein will not be construed as a waiver of any provision or relinquishment to any extent of HackensackUMCís right to assert or rely upon such provisions or rights on any future occasion. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Agreement.

     (G)  Nonwaiver.  HackensackUMCís failure to insist upon or enforce strict performance of any provision of this agreement or to exercise any rights herein will not be construed as a waiver of any provision or relinquishment to any extent of HackensackUMCís right to assert or rely upon such provisions or rights on any future occasion. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Agreement.

     (H)  Assignment.  HackensackUMC may assign its rights and obligations under this agreement to any party at any time without notice. Commencing immediately upon such assignment, HackensackUMC will be relieved of any further obligation hereunder.

     (I)  Severability.  The provisions of this agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability will not in any way affect the validity or enforceability of the remaining provisions hereof, but such invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid or enforceable, preserving to the fullest extent permissible the intent of the parties set forth herein.

     (J)  Entire Agreement.  Except as expressly provided in a particular "legal notice" posted on the Site, these terms and conditions are the entire agreement between you and us with respect to the use of the Materials and MyChart.



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