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TERMS OF USE AGREEMENT FOR mychart.tpcllp.com

Welcome to mychart.tpcllp.com (the “Website”), a service provided by The Portland Clinic LLP (which is identified in the Terms as “Portland Clinic, we, us or our”). Use of the Website is governed by the terms and conditions of this agreement (“Terms”). Please read these terms and conditions carefully. If you do not agree to the terms and conditions in the Terms, then please do not use the Website.

A. Your Agreement For purposes of the Terms, “you” means the person using the Website. If you are using this Website on behalf of an entity, then “you” means your company, its officers, members, agents, successors and assigns. By using the Website, you are indicating that you have read, understand and agree to be bound by the policies, terms and conditions set forth in the Terms in their entirety without limitation or qualification, as well as all applicable laws and regulations, as if you had handwritten your name on a contract.

B. Modifications to the Terms Portland Clinic may revise the Terms at any time. By using the Website, you agree to be bound by the current form of the Terms. It is your responsibility to return to the Terms from time to time to review as the Portland Clinic does not and will not assume any obligation to notify you of changes to the Terms. Portland Clinic reserves the right, but has no obligation, to make changes to the Website and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to the Website.

C. Accounts You understand and agree to the following terms with regard to your account:

  • You will provide complete and accurate information to create your account, to make any payments and to keep your account information up-to-date;
  • Your enrollment of the services provided through the Website is contingent on verification of your identity;
  • You will choose a user name and password for your account. You understand that it is your responsibility to choose a login and password and to maintain the confidentiality of your password. If you share your password with anyone it may jeopardize the security of your account. You agree to notify Portland Clinic promptly if you become aware that your password or account has been used without your consent. To do so, please contact us at PrivacyOfficer@tpcllp.com;
  • You will inform Portland Clinic if you transfer care to another medical organization;
  • You may not use a login that belongs to or is already being used by another user or that is offensive. Portland Clinic may refuse to grant you permissions at its sole discretion;
  • You agree not to impersonate any other person, thing or entity through your login or otherwise on the Website;
  • You will not access anyone else’s Website account without proper and valid proxy authorization;
  • You will use the Website or email associated with the Website only to ask questions about your health, or the health of person for whom you are a proxy;
  • You agree not to use the Website if you are a person who is barred from receiving Portland Clinic’s services through the Website under the laws of the U.S. or any other country;
  • The Portland Clinic may temporarily or permanently discontinue providing the Website at any time and that as a result you may be prevented from accessing the Website, your account, or information stored in your account;
  • You will be solely responsible for all activities that occur under your account; and
  • Any hardware and software required to use the Website is your responsibility; and in the event that the Website sends messages to your mobile device, you are solely responsible for any rates and fees charged by your mobile carrier. You also agree to update your mobile device account information within 48 hours of any deactivation of a mobile device so that a person who acquires your old number will not receive information intended for you, or incur charges.
  • D. Prohibited Conduct You agree not to use the Website to:

  • Harass, stalk, bully or advocate harassing, stalking or bullying another person;
  • Post or transmit content or information that is offensive, pornographic, hateful, threatening, defamatory or that creates a risk to anyone’s privacy or safety;
  • Solicit personal information from anyone under 18 years of age;
  • Upload or transmit unsolicited commercial messages (Spam), junk mail, pyramid schemes, chain letters or similar materials or information or viruses, worms or other malicious code;
  • Violate a law or infringe anyone’s rights, including copyrights, trademarks, patents and trade secrets, privacy or publicity rights;
  • Forge, manipulate, alter or affect or attempt to forge, manipulate, alter or affect the Website, the Materials, any feature or program of the Website or the Materials;
  • Interfere with, circumvent, disable or attempt to interfere with, circumvent or disable the Website, the proper working of the Website, security features of the Website, the equipment connected to the Website or any service provided on or through the Website;
  • Impose an unreasonable or disproportionately large load on the infrastructure of the Website or Portland Clinic’s systems or networks, or any systems or networks connected to the Website;
  • Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website);
  • Create a database by downloading and storing the Materials or any part thereof or any information provided through or on the Website; and
  • Violate the Terms or encourage or assist anyone to violate the Terms.
  • You agree not to do any of the following without Portland Clinic’s written permission:

  • Use, copy, republish, upload, distribute, collect, modify, transmit, or post the Materials (defined in Section H below) or any part thereof in any medium;
  • Modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of the Materials on the Website, in whole or in part;
  • Mirror, frame or use framing techniques to enclose the Website, the Materials or any part thereof;
  • Access or attempt to access the Website or collect or index information provided to the Website using any automated means, such as robots, spiders, scrapers, scripts, harvesting ‘bots, or similar means or equivalent manual processes;
  • Solicit, trace or otherwise collect any information from users or visitors of the Website;
  • Reverse engineer, decompile or otherwise extract source code provided on or through the Website; and
  • Use the Website for commercial activities.
  • E. Privacy Portland Clinic agrees to treat your protected health information (PHI) in accordance with the terms of Portland Clinic’s Notice of Privacy Practices (NPP), which is incorporated herein for all purposes. You agree to Portland Clinic’s use of your protected health information in accordance with the NPP.

    F. Email Portland Clinic will use it best efforts to provide a timely response to electronic inquires; however, the clinical staff may not be immediately available. You should allow at least three (3) business days for a response. The contents of any email may become part of your permanent medical record. Portland Clinic is only able to respond to electronic communications based on the information provided by you or your proxy. If there is insufficient information provided, The Portland Clinic will be unable to provide accurate and reliable services.

    As a user of the Website, you should be aware that you will be notified via email when there is new medical information to be viewed. This means that any person with access to your email will be able to see this notification and you should take this into account when providing an email address. Although no private medical information will be sent, the notification that new medical information is available may be information that you would not want others to know.

    G. Disclaimers You expressly agree that you use the Website at your own risk. Neither Portland Clinic, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, sponsors, or licensors or the like (collectively, “Providers”) warrant that the Website will be uninterrupted or error-free, the results that may be obtained from the use of the Website, or the accuracy, completeness, reliability, security or currency of the Materials (defined in Section H below). The Website and the Materials may contain errors, omission, inaccuracies, or outdated information. Further, Portland Clinic does not warrant the reliability of, guarantee or endorse any advice, opinion, statement, advertisement or other information displayed or distributed through the Website. To the maximum extent permitted by law, Portland Clinic disclaims any responsibility for any transaction between you and another user of the Website, including, but not limited to, health care providers, other users and advertisers. During times when the Website is unavailable, please use other communication methods to reach your health care provider.

    The Website is not to be used in the case of an emergency. In an emergency, please contact 911 or visit an emergency facility.

    Portland Clinic reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website or the Materials, but has no obligation to make any corrections. Portland Clinic may make any other changes to the Website, the Materials and the products, programs, services or prices (if any) described in or offered through the Website at any time without notice.

    THE WEBSITE AND THE INFORMATION, PRODUCTS, SERVICES, CONTENT AND MATERIALS ON THE WEBSITE ARE PROVIDED BY PORTLAND CLINIC ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PORTLAND CLINIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, PRODUCTS, INFORMATION, ADVERTISEMENTS OR THE MATERIALS PROVIDED ON OR THROUGH THE WEBSITE. PORTLAND CLINIC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, ADVERTISEMENTS AND INFORMATION PROVIDED ON OR THROUGH THE WEBSITE AND ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON OR THROUGH THE WEBSITE OR YOUR USE OF THE WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A PROVIDER OR OTHER REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND.

    H. Intellectual Property Ownership and Licenses

    You understand and agree that the Website and all content provided on the Website, such as text, graphics, logos, icons, tags, images, audio-visual works, videos, information, data, photographs, graphs, typefaces, music, sounds, features, software and other material (the “Materials”), is the property of Portland Clinic, its affiliates or its licensors and is protected by copyrights, trademarks, trade secrets, patents and other proprietary rights in all forms whether existing now or hereinafter developed. The Website is copyrighted as a collective work under the U.S. copyright laws (17 U.S.C. § 101, et. seq.) and international treaty provisions, and Portland Clinic, or its licensors, owns a copyright in the selection, coordination, arrangement and enhancement of the Materials, and in the look and feel of the Website. All software used on the Website is the property of Portland Clinic or its licensors and is protected by U.S. and international copyright laws. All trademarks, service marks, names, and logos located on the Website are the property of Portland Clinic or its licensors. Your use of any mark, name or logo located on the Website without express permission of Portland Clinic, or the trademark owner, is strictly prohibited.

    Portland Clinic grants you a limited, revocable, nonexclusive, non-transferable, personal license to access and display the Materials on the Website for personal, non-commercial use only, for the sole purpose of viewing the Materials and information provided on or through the Website, and subject to and conditioned on your continued compliance with the terms and conditions in the Terms. This license is granted solely to allow you to use and enjoy the Website as permitted by the Terms. You agree not to remove, alter or obscure any proprietary notices provided in or with the Materials. All rights not expressly granted in the Terms are reserved.

    I. Proxy Access

    Proxy access allows individuals 18 years or older to access the account of another individual. To apply for proxy access you must complete a Proxy Access Request Form and submit it to the branch of Portland Clinic where the patient receives services.

    Individuals requesting access to an account of someone else will only be granted access where the account holder has completed a Proxy Access Authorization Form allowing such access or upon demonstration of the legal right to the access the account holder’s medical information.

    Parents or guardians of minor children under the age of 18 will be granted access to the minor’s account only upon demonstrating proof of parental status or legal guardianship over the account holder. Note that state and federal laws prohibit a parent or guardian’s access to certain types of medical information without consent of the minor patient. Because of these legal requirements, Portland Clinic limits the information provided to parents or legal guardians of minor patients. Proxy access granted to a parent or guardian of a minor will expire when the minor reaches the age of 18. To meet applicable legal responsibilities, Portland Clinic reserves the right to suspend proxy access to a minor patient’s account at any time. Proxy access to such an account may remain suspended until Portland Clinic receives legally valid, voluntary authorization from the minor patient to release the information.

    If you are granted proxy holder rights and your legal relationship with the account holder changes, you are required to inform Portland Clinic immediately. If your legal authorization to act as guardian expires or is terminated, then you shall immediately discontinue all use of and access to the account holder’s account.

    An account holder shall notify Portland Clinic immediately upon any termination or revocation of proxy authorization. If an account holder terminates the proxy holder’s authorization, then the proxy holder shall immediately discontinue all use of and access to the account holder’s account.

    Portland Clinic reserves the right to revoke proxy access at anytime for any reason.

    J. Your Representations and Warranties

    By using the Website, you represent and warrant that:

  • You are 13 years of age or older;
  • You understand and agree that the Terms is a legally binding agreement and the equivalent of a signed, written contract;
  • You will use the Website in a manner consistent with all laws and regulations and in accordance with the terms and conditions of the Terms;
  • If you are a proxy holder, you will stop all use of and access to the account for which proxy authorization applied immediately upon revocation or termination of proxy authorization or termination of your legal right as guardian, parent or otherwise to access the account holder’s health information;
  • Any content that you provide to the Website is original to you and does not violate the rights of any third party, including, without limitation, any intellectual property rights and rights of publicity and/or privacy;
  • You will provide only true, accurate, complete and current information to the Website;
  • You will not impersonate any person or entity; and
  • You will not provide Portland Clinic with information that is false or misleading, or otherwise deceive Portland Clinic whether through action or omission.
  • K. Portland Clinic’ Rights

    Portland Clinic reserves the following rights:

  • To terminate or suspend the account of anyone who violates the Terms;
  • To change or alter the Website, the form and nature of the Website or any services provided through the Website, including changes to the payment terms for some or all uses of the Website, at any time;
  • To review, modify, filter, delete and remove any and all content and information from the Website;
  • To aggregate, share and use any data that you provide, enter or submit, or that others provide, enter or submit on your behalf, on or through the Website on the condition that such data is anonymous;
  • To cooperate with any law enforcement, court or government investigation or order requesting or directing Portland Clinic to disclose information or content or information that you provide or that is provided on your behalf, or if Portland Clinic decides that such disclosure is in its or its customers best interests;
  • To display advertising and promotions, which may be targeted to certain users or sections of the Website that may not be identified as paid advertisements or promotions; and
  • To provide you with notices, including those regarding the Terms, by email, postings to your Website account or by other means.
  • You agree that the foregoing are rights of, but not obligations of, Portland Clinic and that Portland Clinic may, but is not obligated to exercise any of these rights.

    L.Waiver of Liability

    To the maximum extent permitted by law, You agree not to hold Portland Clinic or any of its directors, employees, consultant or agents liable for any loss, injury or claims of any kind resulting from messages received in connection with or through the Website. You understand that Portland Clinic takes no responsibility for and expressly disclaims any and all liability, including direct, consequential, indirect, and punitive damages, arising from breach of health record confidentiality resulting from sharing, not adequately protecting or losing your Password.

    M. Limitation of Liabilities

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT PORTLAND CLINIC AND ITS PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR EXPENSE OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF INFORMATION, EMOTIONAL DAMAGE, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO (1) YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, PRODUCTS, ADVERTISEMENTS OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, (2) ANY OTHER PRODUCTS, SERVICES OR INFORMATION OFFERED, SOLD OR DISPLAYED ON OR THROUGH THE WEBSITE, (3) YOUR USE OF, INABILITY TO USE OR RELIANCE ON THE WEBSITE AND/OR THE MATERIALS, (4) ERRORS, MISTAKES OR INACCURACIES IN THE MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, (5) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE, (6) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION CONCERNING YOU STORED THEREIN, (7) ANY INTERRUPTION OR CESSATION OF THE WEBSITE OR TRANSMISSIONS TO OR FROM THE WEBSITE, (8) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, OR (9) ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE BASED UPON INFORMATION CONTAINED OR PROVIDED ON OR THROUGH THE WEBSITE, REGARDLESS OF WHETHER PORTLAND CLINIC OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND SERVICES PROVIDED THROUGH OR ON THE WEBSITE IS TO STOP USING THE WEBSITE OR SERVICES.

    N. Indemnification

    You agree to indemnify, defend and hold harmless Portland Clinic and its providers from and against any and all third party claims, damages, obligations and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your (a) use of the Website in violation of the Terms; (b) violation of any law or regulation; or (c) violation of any third party right, including intellectual property, proprietary and privacy rights.

    P. Disputes

    Any dispute relating in any way to your use of the Website shall be submitted to confidential arbitration in Portland, Oregon, except that, to the extent you have in any manner violated or threatened to violate Portland Clinic’s or its licensor’s intellectual property rights, Portland Clinic may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association using a single arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under the Terms shall be joined to an arbitration involving any other party subject to the Terms, whether through class arbitration proceedings or otherwise. If the prior sentence prohibiting joinder and class arbitration is held unenforceable, then the entire first paragraph of this Section P will also be unenforceable.

    You are responsible for your use of the Website, including all interactions with other users of the Website and all health care providers through the Website. Portland Clinic is not an arbiter of user disputes. Portland Clinic reserves the right, but has no obligation, to become involved in any such dispute.

    Q. Limitations on Claims

    Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises.

    R. Termination

    Without limiting its other remedies, Portland Clinic may issue a warning, temporarily suspend, indefinitely suspend or terminate the Terms and your access to the Website and your account, or the account for which you are a proxy holder, if you fail to comply with any term or condition of the Terms. Portland Clinic may take such actions without providing you prior notice or a refund of any pre-paid fees and at its sole discretion. Upon such violation, you agree to terminate access to the Website. Upon termination, those provisions of the Terms that expressly or by their nature survive will continue in full force and effect.

    S. Hyperlink Disclaimers

    As a convenience to you, Portland Clinic may provide links to third party websites, advertisements, applications or content, including health care provider’s sites (collectively, “Linked Sites”). If you go to Linked Sites, you will leave the Website and will be governed by the Linked Site’s terms of use. If you decide to visit or use any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We encourage you to read the terms of use and privacy policy for all Linked Sites that you elect to visit.

    Linked Sites are not maintained, controlled or otherwise governed by Portland Clinic. Portland Clinic does not endorse, make any representations regarding or warrant any information, goods and/or services appearing and/or offered on any Linked Site. A link to a Linked Site does not imply that Portland Clinic sponsors, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright of Portland Clinic or any of its affiliates. Portland Clinic is neither responsible for nor will it be liable under any theory based upon any information, product and/or content found on any Linked Site or any site(s) linked to or from any Linked Site. Portland Clinic reserves the right to discontinue any Linked Site at any time without prior notice.

    T. Geographic Scope of Use

    Portland Clinic makes no representation that the Website or the Materials are appropriate or available for use at locations outside of the United States. Access to the Website and the Materials from territories where they are illegal is prohibited. You may not use the Website or export the Materials in violation of U.S. export laws and regulations. If you access the Website from locations outside of the U.S., you are responsible for compliance with all local laws.

    U. Entire Agreement and Assignment

    The Terms, together with all documents and policies referenced herein, constitutes the entire agreement between Portland Clinic and you with respect the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Portland Clinic with respect to the Website, except for any separate written agreement between you and Portland Clinic that by its terms is not superseded by the Terms. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of the Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign the Terms or any part of the Terms without the express written consent of Portland Clinic. You agree that Portland Clinic may assign the Terms or any part of the Terms at any time and for any reason without your consent.

    V. Severability

    In the event that any provision in or obligation under the Terms is held invalid, illegal or unenforceable, the validity, legality or enforceability of other provisions in or obligations under the Terms will not in any way be affected or impaired thereby.

    W. Our Policy Concerning Children

    The Website is not intended for use by children under the age of 13. If you are under 13 years of age, you may use the Website only with the involvement and permission of a parent or guardian.

    X. Contact Information

    If you have any questions regarding the Terms, then feel free to contact us:

    Attn: Privacy Officer
    Jenny Pedersen
    503 221-0161
    800 SW 13th Ave.
    Portland, OR 97205