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Cleveland Clinic MyChart: Your Interactive Health Record TM - Terms and Conditions of Use

Cleveland Clinic MyChart: Your Interactive Health Record™: Terms and Conditions of Use ("Agreement")

FOR ALL MEDICAL EMERGENCIES, IMMEDIATELY DIAL 911. DO NOT USE THIS CONVENIENCE TOOL TO COMMUNICATE MEDICAL EMERGENCIES.

"Individual" means the patient whose record is maintained in Cleveland Clinic MyChart. The use of the words "we", "our" and "Cleveland Clinic" mean The Cleveland Clinic Foundation. The use of the word "Caregiver" means an Individual's proxy representative, authorized by Individual and/or authorized by applicable law, who may access portions of the Individual's medical record through the MyChart Caregiver service as well as use any additional functions available to Caregivers.

1. Cleveland Clinic MyChart is designed as a secure Internet-based environment through which an Individual may receive certain confidential medical information released at the discretion of your physician. Individual is responsible for remembering the Cleveland Clinic MyChart ID and password and for keeping this information confidential. Individual is responsible for safeguarding the Cleveland Clinic MyChart ID, password, and security question and answer. Individual is responsible for keeping this information in a safe place for future reference. It is Individual's responsibility to prevent disclosure of Individual's ID and password and to change Individual's password and security question and answer if Individual feels that Individual's security has been compromised. The Cleveland Clinic shall not be liable for any damages that result from Individual's failure to keep such password secure.

2. The Cleveland Clinic MyChart program will be activated once Individual creates an account.

3. After Individual has activated a Cleveland Clinic MyChart account, Cleveland Clinic MyChart will become a vehicle through which Individual will receive important messages from Individual's physician and certain test results and other personal medical information. Individual may continue to receive communications via the United States Postal Service or other means. No confidential information will be sent from Cleveland Clinic MyChart to Individual's email, but Individual will receive email notification whenever a new result, message, or other communication has been released to Individual's Cleveland Clinic MyChart account or in situations where Cleveland Clinic provides a general notice to MyChart users through the email account provided at the time of MyChart activation. Individual may receive from time to time important email notices and messages from the MyChart team and/or Cleveland Clinic. Individual therefore MUST verify and update Individual's email address via the My Preferences link to ensure that Individual receives notification of newly released information and general notices in a timely manner. Cleveland Clinic is not responsible for any damage resulting from Individual's failure to verify and update Individual's email and account information.

4. Individual's physician will be notified when Individual requests a Cleveland Clinic MyChart account. Individual will then receive Individual's personal health information as released by your physician into Individual's personal Cleveland Clinic MyChart account.

5. For all urgent medical matters, contact Individual's physician office, go to an emergency room, and/or call 911. Never send any messages requiring urgent attention using Cleveland Clinic MyChart. Delays can occur based upon, but not limited to, volume and availability of staff, the complexity of Individual's condition, or technology occurrences outside of the Cleveland Clinic's control.

6. By accessing or using Cleveland Clinic MyChart Individual agrees to be bound by all the terms and conditions of this Agreement and the Privacy Policy incorporated herein by reference to this link http://my.clevelandclinic.org/about-cleveland-clinic/about-this-website/privacy-security.aspx. It is important to review the Agreement and Privacy Policy periodically as we may modify this Agreement and the Privacy Policy at any time, and Individual agrees that such modifications are effective and binding upon Individual immediately upon the posting of the modified version.

7. Individual agrees that Cleveland Clinic MyChart is a communication service offered only as a convenience tool to Cleveland Clinic patients. Individual understands that it provides Individual with online access to portions of Individual's Cleveland Clinic electronic medical record and that Individual is solely responsible for any sharing of Cleveland Clinic MyChart content that Individual intentionally or unintentionally communicates to others, including to and through any of Individual's authorized Caregiver(s). Individual understands that messages will be routed to the appropriate department as necessary for handling and therefore Cleveland Clinic employees, other than Individual's healthcare provider, may be involved in addressing Individual's request. Individual understands that Individual may receive messages, test results, and other communications delivered via Cleveland Clinic MyChart. Individuals may not be provided paper versions of the information contained in Cleveland Clinic MyChart; however, Individual may request a copy of Individual's medical record from Cleveland Clinic. INDIVIDUAL HEREBY ASSUMES THE SOLE LIABILITY FOR HIS/HER ACTIONS IN USING Cleveland Clinic MyChart AND SHALL HOLD CLEVELAND CLINIC HARMLESS AND DEFEND AGAINST ALL DAMAGES RELATED TO SUCH USE OR DIRECTIONS TO CLEVELAND CLINIC UPON WHICH CLEVELAND CLINIC RELIES.

8. Individual understands that not all of your Cleveland Clinic medical record may appear on Cleveland Clinic MyChart. Posting of Individual's medical information to Cleveland Clinic MyChart, in whole and in part, is pursuant to Cleveland Clinic policy and at the discretion of Individual's physician(s).

9. If Individual appoints a Caregiver user through Cleveland Clinic MyChart, Individual understands that the Caregiver will be able to access Individual's Cleveland Clinic MyChart account and all of the information in the account, as well as any additional functions available to Caregivers, which may include the ability to download and transmit to third parties Individual's information contained in Cleveland Clinic MyChart. In addition, the Caregiver may take action on behalf of Individual via Cleveland Clinic MyChart. If Individual chooses a Caregiver, it is Individual's responsibility to choose an appropriate Caregiver and Cleveland Clinic is not responsible for actions taken by Individual's Caregiver. If Individual no longer wishes for his/her appointed Caregiver to have access to Individual's Cleveland Clinic MyChart account, Individual is responsible for revoking the Caregiver's access through the Cleveland Clinic MyChart site or by contacting the MyChart Help Desk through written notice. The MyChart team will send an annual notice to all Individuals who have appointed a Caregiver to remind the Individuals to review their Caregiver designation and to determine whether Individual(s) desire to continue to allow Caregiver access to his or her MyChart account.

10. Cleveland Clinic reserves the right in the future to charge a fee for the use of Cleveland Clinic MyChart. In the event of such a change, Individual will be notified and given an opportunity to re-apply to Cleveland Clinic MyChart to continue the service with the fee.

11. Individual can discontinue use of Cleveland Clinic MyChart at any time by contacting Cleveland Clinic MyChart Technical Support.

12. Individual agrees that Individual will not post or send any harassing or offensive material on this site.

13. Cleveland Clinic reserves the right, at its sole discretion, to suspend or discontinue Individual's use of this service and to discontinue the general use of the service itself. Individual will be notified if the Cleveland Clinic MyChart service is discontinued.

14. Messages Individual sends via Cleveland Clinic MyChart will be made part of Individual's medical record.

15. If Individual's physician is out of the office or unavailable to respond, messages sent via Cleveland Clinic MyChart may be routed to other Cleveland Clinic personnel in order to facilitate a timely response to Individual's request.

16. All communications between Individual and Individual's Cleveland Clinic health care team using Cleveland Clinic MyChart are carried over a secure, encrypted connection directly into the Cleveland Clinic electronic medical record.

17. Individual, and any Caregivers as authorized by Individual, may have access to Cleveland Clinic MyChart features that allow Individual and/or Individual's Caregiver to download portions of Individual's health information and/or transmit this information to other health providers who may be unaffiliated with the Cleveland Clinic. Cleveland Clinic relies on Individual and/or Individual's Caregiver's representation and direction and Individual and/or Individual's Caregiver is responsible for the use of such features. INDIVIDUAL AGREES AND INTENDS THAT CLEVELAND CLINIC SHALL NOT BE RESPONSIBLE FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES THAT RESULT FROM, OR ANY ACTIONS CLEVELAND CLINIC TAKES THAT RESULT FROM, THE SELECTION OF THE RECIPIENT OF THE INFORMATION OR THE SUBSEQUENT USE OR DISCLOSURE OF SUCH INFORMATION AFTER THE DOWNLOAD OR TRANSMISSION OCCURS, AS DIRECTED BY INDIVIDUAL AND/OR INDIVIDUAL'S CAREGIVER. INDIVIDUAL AGREES TO HOLD CLEVELAND CLINIC HARMLESS FROM ANY DAMAGES RESULTING FROM SUCH A RELEASE TAKEN ON BEHALF OF INDIVIDUAL AND/OR INDIVIDUAL'S CAREGIVER AND AS DIRECTED BY INDIVIDUAL AND/OR INDIVIDUAL'S CAREGIVER, AND FURTHER, WAIVES ALL LIABILITY OF CLEVELAND CLINIC ASSOCIATED WITH SUCH A RELEASE AS DIRECTED BY INDIVIDUAL AND/OR INDIVIDUAL'S CAREGIVER. INDIVIDUAL UNDERSTANDS AND AGREES THAT CLEVELAND CLINIC CANNOT AND DOES NOT VERIFY RECEIPT OF INDIVIDUAL'S RECORD AT THE DESIGNATED RECIPIENT LOCATION.

18. All content included on Cleveland Clinic Web sites, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data, in any form including the compilation thereof, are protected by U.S. and international copyright law and conventions. The content includes both content owned or controlled by Cleveland Clinic and content owned or controlled by third parties and licensed to Cleveland Clinic. Except as set forth below, direct or indirect reproduction of the content, in whole or in part, by any means, is prohibited without the express written consent of Cleveland Clinic.

19. Cleveland Clinic grants a limited, revocable license to Individual to make personal use only of the Web site and the associated services in accordance with these terms and conditions of use. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Web site and the associated services, making any derivative of the Web site or the associated services, the collection and use of user email addresses or other user information, including, without limitation, health information or any data extraction or data mining whatsoever. Through this license, Individual may be able to upload third party data into Cleveland Clinic MyChart or download limited medical information from Cleveland Clinic MyChart to select third party sites.

20. Once information enters this Web site it is protected with industry standard encryption software. While we use state-of-the-art security, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using Cleveland Clinic MyChart, information will be transmitted over a medium that is beyond the control of the Cleveland Clinic and its contractors. INDIVIDUAL HEREBY EXPRESSLY ASSUMES THE SOLE RISK OF ANY UNAUTHORIZED ACCESS AND/OR DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SERVICE AND AGREES THAT Cleveland Clinic MyChart IS NOT ERROR-FREE. Once the information is received by Cleveland Clinic, Individual's medical information will be treated as confidential and given the same protection that all other Cleveland Clinic medical records are given.

21. This Web site contains links to Web sites operated by other parties. The links are provided for Individual's convenience only. Cleveland Clinic does not control such Web sites and Cleveland Clinic is not responsible for the content and performance of these sites. The inclusion of links to other Web sites does not imply any endorsement of the material on the Web sites or any association with their operators. Cleveland Clinic does not operate, control, or endorse any information, products, or services provided by third parties through the Internet. Use of other sites is strictly at Individual's own risk, including, but not limited to, any risks associated with destructive viruses. Individual is responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the other Web sites.

22. This site and all other sites hosted by Cleveland Clinic and the content contained herein and therein are provided by Cleveland Clinic on an "As Is" basis. Cleveland Clinic makes no representations or warranties of any kind, express or implied, as to the operation of its sites, or the content, products and/or services included therein. To the fullest extent permissible by applicable law, Cleveland Clinic disclaims all warranties, express, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and/or infringement.

23. Some of the material on the Cleveland Clinic site is provided by third parties and Cleveland Clinic shall not be held responsible for any such third-party material. Cleveland Clinic disclaims any responsibility for or liability related to such third-party material and Individual uses of such third-party material. Any questions complaints or claims related to any product should be directed to the appropriate third party.

24. Patient agrees that the law applicable to any claim or dispute relating to the Cleveland Clinic website or Patient's reliance on this website and all activity and any dispute that might arise between Individual and Cleveland Clinic, its doctors, nurses, staff or other affiliates hereunder, regardless of where the Individual resides, shall be determined by where a patient primarily receives medical care at a Cleveland Clinic site; accordingly, the following law shall apply, without regard to the particular state's conflict of laws provision: if in Ohio, Ohio law shall apply, subject to the exclusive jurisdiction of the local, state or federal courts located in Cuyahoga County, Ohio. If in Nevada, Nevada law shall apply, subject to the exclusive jurisdiction of the local, state or federal courts located in Clark County, Nevada. If in Florida, Florida law shall apply, subject to the exclusive jurisdiction of the local, state or federal courts located in Broward County, Florida.

25. MyChart is a registered trademark of EPIC SYSTEMS CORPORATION. Cleveland Clinic MyChart is a communication service offered as a convenience to Cleveland Clinic patients. We reserve the right, at our sole discretion, to discontinue the service at any time.

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