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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 “The 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

The 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 The Portland Clinic does not and will not assume any obligation to notify you of changes to the Terms. The 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:

D. Prohibited Conduct

You agree not to use the Website to:

E. Privacy

The Portland Clinic agrees to treat your protected health information (PHI) in accordance with the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA) and all other state and federal laws. The terms of The Portland Clinic’s Notice of Privacy Practices (NPP) describes how medical information about you may be used and disclosed and how you may get access to this information. The NPP is incorporated herein for your information.

F. Email

The 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. The 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 The 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, The 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, The 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.

The 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. The 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 THE PORTLAND CLINIC ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE 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. THE 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 The 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 The 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 The 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 The Portland Clinic or its licensors. Your use of any mark, name or logo located on the Website without express permission of The Portland Clinic, or the trademark owner, is strictly prohibited.

The 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 The 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, The Portland Clinic may limit the information provided to parents or legal guardians of minor patients ages 13-17. 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, The Portland Clinic reserves the right to suspend proxy access to a minor patient’s account at any time on or after such minor patient’s 18th birthday. Proxy access to such an account may remain suspended until The 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 The 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 The 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.

The 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:

K. The Portland Clinic’ Rights

The Portland Clinic reserves the following rights:

You agree that the foregoing are rights of, but not obligations of, The Portland Clinic and that The 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 The 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 The 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 THE 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 THE 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 The 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.

O. 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 The Portland Clinic’s or its licensor’s intellectual property rights, The 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. The Portland Clinic is not an arbiter of user disputes. The Portland Clinic reserves the right, but has no obligation, to become involved in any such dispute.

P. 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.

Q. Termination

Without limiting its other remedies, The 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. The 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.

The Portland Clinic reserves the right to terminate your access to the Website and your account, or the accounts for which you are a proxy holder, if you or the patient for which you have proxy access, transfers care from The Portland Clinic, or is dismissed from care at The Portland Clinic.

R. Hyperlink Disclaimers

As a convenience to you, The 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 The Portland Clinic. The 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 The 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 The Portland Clinic or any of its affiliates. The 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. The Portland Clinic reserves the right to discontinue any Linked Site at any time without prior notice.

S. Geographic Scope of Use

The 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.

T. Entire Agreement and Assignment

The Terms, together with all documents and policies referenced herein, constitutes the entire agreement between The 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 The Portland Clinic with respect to the Website, except for any separate written agreement between you and The 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 The Portland Clinic. You agree that The Portland Clinic may assign the Terms or any part of the Terms at any time and for any reason without your consent.

U. 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.

V. 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.

W. 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