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MyChart -- Patient Portal Terms Of Use

Last Updated: April 5, 2021

GO TO THE EMERGENCY ROOM OF A LOCAL HOSPITAL OR DIAL 911 IMMEDIATELY IN THE EVENT OF AN EMERGENCY.


THIS IS A CONTRACT BETWEEN YOU AND [CHI]. PLEASE READ THESE PATIENT PORTAL TERMS OF USE (“Terms” or “Patient Portal Terms”) CAREFULLY. By accessing and using this website and any related websites and any related mobile applications related to this website (the "Patient Portal") that are provided by [CHI] and its subsidiaries and affiliates (referred to as “CHI,” “us,” “our,” or “we”), you agree to be bound by these Patient Portal Terms. These Patient Portal Terms are between you (sometimes referred to as “you” or “your” or “your family”) and CHI.

Your use of this Patient Portal is at all times also subject to the CHI Website Terms and Conditions and the CHI Privacy Policy, which are incorporated into these Terms (the Patient Portal Terms of Use, the CHI Terms and Conditions, and the CHI Privacy Policy are referred to collectively as the “Agreement”). Please read the entire Agreement and print or download a copy of all of the entire Agreement for your records.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PATIENT PORTAL AT ALL TIMES SATISFIES YOUR REQUEST FOR ELECTRONIC HEALTH INFORMATION (EHI) IN THE MANNER YOU HAVE REQUESTED IT IN CONNECTION WITH THE PATIENT PORTAL. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU MUST NOT CREATE A PATIENT PORTAL ACCOUNT AND MUST NOT USE (OR MUST IMMEDIATELY STOP USING) THE PATIENT PORTAL.

If you do not agree with all of these Terms, we will consider your request for EHI through the Patient Portal as withdrawn by you. If you do not wish to withdraw your EHI request, please contact the Health Information Management department or office manager of the facility where you receive care and tell us what EHI you are requesting. We will work with you to fulfill your EHI request in another manner permitted by the state and federal laws that apply to us.


1. Electronic Health Information (EHI) Available In The Patient Portal

We have contracted with Epic (MyChart) to offer patients and their personal representatives access to certain EHI maintained by us as part of a patient’s health record.

You understand and acknowledge that the EHI available to you through your Patient Portal account is not a complete record of all your health information kept by or for us in your health record. Also, it is not a complete record of all your health information that is maintained by other health care providers, health plans or others.

You acknowledge and agree that by accessing the Patient Portal and using the Services, we are providing to you the following types of EHI. If you already have a Patient Portal account, you will already have access to some of these types of information, but beginning on April 5, 2021 these are the types of information that will be available. If you open a portal account on April 5, 2021 or later, these are the types of information that will be available for all health care you receive from us after you open your portal account.
Identifying and demographic information (like name, date of birth, ethnicity, phone number, email address, etc.)
Allergies
Medications
Immunizations
Procedures
Care team members (for each hospitalization or office visit)
Assessment and plan of treatment
Goals
Clinical notes (by doctors, nurses, and others)
Health concerns
Laboratory test results
Vital signs
Problems (information about a diagnosis, condition, or health issue)
Smoking status
Unique identifiers for implanted devices

We must comply with many state and federal health information laws. Also our computer systems have limited technical and administrative ability to segment (separate out) data. Because of this, we may delay immediate access to some EHI or may withhold some EHI to prevent harm to a person. Specifically, it may not be not feasible for us to:
Provide abnormal laboratory test results for up to two days after the results are available
Provide radiology (imaging and x-ray) reports for up to three days after the reports are available
Provide pathology reports for up to five days after the reports are available
Provide behavioral health notes
IN TEXAS: provide HIV test results sooner than five days after the results are available

You acknowledge and agree that your Patient Portal may not contain any of the following information:
Health information that is outside of the health record maintained by or for us;
Non-final health information, such as draft clinical notes or incomplete test results before confirmation if we are not using such data to make health care decisions about individuals;
Psychotherapy notes (as defined by HIPAA);
Information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding;
Health Information that an individual has requested, and we have agreed, to not share through the Patient Portal;
Health information created or obtained during research that includes treatment;
Health information protected by the federal Privacy Act (5 U.S.C. § 522a);
Information provided by a non-health care provider, such as a family member or friend, under a promise of confidentiality if the information would reveal the confidential source, like a family member; and
Health information for which a licensed health care professional—who has a current or prior clinical-patient relationship with the patient whose health information is at issue—has determined on an individualized basis in the exercise of professional judgment that denying or delaying the access, exchange or use of EHI will substantially reduce a risk of a harm to the patient or other natural person. Depending on the circumstances, it may not be feasible for use to segment (separate out) this health information from other EHI in your Patient Portal. In such instances, we may suspend, disable or terminate your Patient Portal Account.

To ask for health information that is not in your Patient Portal, and/or to ask for health information (including EHI) in a manner other than through the Patient Portal, please contact the Health Information Management (HIM) department of the facility where you received care. The HIM department will offer you several ways that you can ask for your health information.

For all other health information requests, such as asking for a one-time disclosure of health information to a third party, please also contact the HIM department of the facility where you received care for assistance.

We will use reasonable efforts to provide you with the requested health information in the manner you request it. If we cannot provide it to you in the manner you request it, we may provide it to you using certified technology standards, content and transport standards developed by the federal government or accredited by the American National Standards Institute, or using an alternative machine-readable format. Depending on the circumstances, the only feasible way for us to provide you with health information requested may be to send it to you in a portable document format (PDF) or word format (such as .doc and .docx).


2. PATIENT PORTAL ACCOUNTS

We offer portal accounts to adult patients and to legally emancipated minors. By requesting a Patient Portal account, you are certifying that you have reached the age of majority in your state or are an emancipated minor under state law. Also, as an adult patient, you can allow another adult to see your patient information via a “Proxy Access” account. “Proxy Access” means the ability to see patient information about another person.

In addition to giving another adult the right to see your patient information, you can also request a Proxy Access account to be able to view information about another person for whom you have legal responsibility. For example if you are a parent or legal guardian of a minor child up to a certain age or you are the personal representative of an incompetent adult, you may also be provided with Proxy Access to the minor child’s information or the incompetent adult’s information, as the case may be.

State laws govern when adolescents or their parents have access to and can control adolescents’ health information. State laws provide that adolescents can control health information for some types of treatment (such as pregnancy, mental health, sexually-transmitted diseases, etc.) and parents/guardians can control health information for other types of treatment for their adolescent children. Our computer systems cannot segment (separate out) the information that adolescents can control from the information that parents/guardians can control. As a result, when the adolescent for whom you have proxy access turns 12 or 13 (depending on state law), your proxy access to the adolescent’s information will be ended. If the adolescent is willing to sign a consent form giving you permission to see all his or her information, including sensitive information such as mental health treatment, pregnancy care, birth control prescriptions, etc., then you may request and receive continued proxy access to the adolescent’s information. Also, if you are willing to sign a consent form giving permission for the adolescent to see all information about him or herself, including the information that you as parent or guardian have the right to control, then the adolescent may request and receive his/her own account. Either you or the adolescent may revoke (take back) your consent at any time, but if that happens, the account will be ended. To learn more, and to request an adolescent proxy account, contact the facility at which you receive care.

We want to make sure that only you see and can control your health information. Thus, we offer accounts only to those whose identity has been verified (checked) and have shown that they have the right under law to have an account. You can enroll in the Patient Portal in one of two ways. One way is to sign up on our website. Our website has a Patient Portal link that allows you to sign up for the Patient Portal. You must provide certain information which is then checked to make sure it matches other information you have provided to us in the past. If it matches, you will be able to open an account. Another way to sign up is with a code that we send to your email address or provide with your aftercare summary. If you fail to use your enrollment code within fourteen (14) days after it was sent, it will expire and you will need to request a new enrollment code from us. Opening a Patient Portal account is usually easy and fast, but it might take up to one week if we have problems in checking your identity.

Using your Patient Portal is not the same as your right under HIPAA to have access to some or all of your protected health information. If you want to exercise your right under HIPAA, please contact the HIM department of the facility where you received care for assistance. Tell them that you want to make an access request and they will help you as stated in our Notice of Privacy Practices.

You may terminate your account or the account of designated proxies by contacting the MyChart support line at 844-528-8383.


3. PATIENT PORTAL UNAVAILABILITY AND LIMITATIONS

We want to make sure your Patient Portal account is available, stays private and keeps in good working order. We also will improve and upgrade the Patient Portal services from time to time. So we can take such steps, your Patient Portal account may be unavailable temporarily or the Portal’s performance degraded (lessened) from time to time. You acknowledge and agree that we may make your Patient Portal account temporarily unavailable, or otherwise degrade their performance, under the following circumstances:
To perform regularly scheduled or unscheduled maintenance and/or upgrades;
For backup procedures or other system outages;
To investigate or correct data corruption issues, such as if we reasonably suspect there is misidentified, mismatched or corrupt data due to a technical failure or other reason that is reasonably likely to endanger the life or physical safety of a person;
In response to a security event or risk; and/or
In response to an uncontrollable event, such as a natural or human-made disaster, public health emergency, public safety incident, war, terrorist attack, civil insurrection, strike or other labor unrest, telecommunication or internet service interruption, or act of military, civil or regulatory authority. If there is an uncontrolled event, we will take reasonable steps to notify you that the Patient Portal is unavailable, such as by posting a notice on our website or communicating with you through any of the contact information you have provided to us.

When the Patient Portal is unavailable please use other communication methods (such as the telephone) to contact us.


4. NO MEDICAL ADVICE

You agree that our provision of any information is not medical, nursing, or other health care advice, diagnosis, or treatment. Doctors performing services at CHI are, in most cases, independent contractors and not employees, agents or representatives of CHI.

If you have any questions about your care or treatment, please call your doctor directly. The Patient Portal may allow you to send messages to your doctor, but you should use the Portal only for NON-URGENT requests – for example for a non-urgent prescription refill. DO NOT USE THE PATIENT PORTAL AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IT SHOULD NOT BE USED IN PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER.

You are responsible for choosing specific health care providers, treatments, information, content, products, and services that may be available through the Patient Portal. WE ARE NOT RESPONSIBLE IF YOU RELY ON ANY CONTENT THROUGH THE SERVICE.
THE INFORMATION MAY NOT BE COMPLETE, ACCURATE, OR ERROR-FREE, NOR SHOULD IT BE RELIED ON AS A COURSE OF TREATMENT FOR A PARTICULAR INDIVIDUAL.


5. SURVEYS

From time-to-time, you may get surveys through the Patient Portal. You can choose to participate or choose not to participate. It is completely your choice.
Feedback collected by these surveys will be used to monitor or improve use of the Patient Portal, and as specifically described in the survey itself. Personal information gathered from surveys will be protected as described in the CHI Privacy Policy.


6. MOBILE DEVICES

The Patient Portal may include the availability of Mobile Apps for you to download and use on a Mobile Device. Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Patient Portal on your Mobile Device. You understand that your Mobile Provider may charge you fees for your use of its network connections while accessing or using the Patient Portal, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges. You understand that the Patient Portal is provided over the Internet and mobile networks, so the quality and availability of the Portal may be affected by factors outside our control. We do not guarantee that the Patient Portal will be compatible or operate with your Mobile Provider’s service plans, with any particular Mobile Device, or other piece of hardware, software, equipment, or device you install on or use with your Mobile Device. We are not responsible if the Patient Portal is unavailable or if you cannot download or access the content on or through the Portal, for any compatibility or interoperability issues, or for any communication system failure which may result in the Portal being unavailable.


7. OVERVIEW OF CONTENT ON THE SERVICE

In addition to your EHI, which is described in the first section of these Terms, the Patient Portal contains postings, text, images, messages, files, and other information and materials for download and viewing by you, made available by CHI and by advertisers, sponsors and other content contributors ("Content Contributors"). Portions of the Patient Portal authored by CHI or its authorized agents, contractors, and employees are referred to as "CHI Content." Portions of the Patient Portal authored by Users like you are referred to as "User Content" or “Your Content.” Portions of the Patient Portal authored by other Content Contributors are referred to as "Third Party Content."

Use and Accuracy of CHI Content
All CHI Content in the Patient Portal is protected by federal and international copyright and intellectual property laws and is the property of CHI or its suppliers. No portion of the CHI Content may be reprinted, republished, modified, reproduced, or distributed in any form without the express written permission of CHI.
You may view or download CHI Content for your own personal use. You must keep intact any notices, including copyright notices, contained on any downloaded CHI Content and you must comply with any applicable end user license agreements. With respect to CHI Content, any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by CHI.

Although CHI attempts to ensure the accuracy of the CHI Content, it makes no guarantees as to their correctness or accuracy. It is possible that the CHI Content could include mistakes, and that unauthorized additions, deletions and alterations could be made to CHI Content by third parties. In the event that an inaccuracy arises, please inform CHI so that it can be addressed. Information contained through the Patient Portal may be changed or updated without notice.

Use of Your Content and Third Party Content

All of Your Content and Third Party Content in the Patient Portal are the responsibility of you or their respective owners. CHI is not responsible for Your Content and Third Party Content, and the views and opinions expressed in Your Content and Third Party Content are not necessarily those of CHI. CHI cannot, and does not, review Your Content or Third Party Content before they are made accessible through the Patient Portal. Nevertheless, please be advised that Your Content and Third Party Content may be protected by federal and international copyright or other laws, and your right to reprint, republish, modify, reproduce, or distribute other User’s Content or Third Party Content may be limited accordingly.


8. YOUR USER ACCOUNT

If you are permitted to and choose to create an account with the Patient Portal, you agree to provide your name and other information requested in the account registration process. You can add personal information into your User account profile, including your personal health information, but the inclusion of your personal health information is not required. If you add personal information into your profile, the information stays there until you change or remove it. You are the only person authorized to access and use your account. You should not give your username, password, or any other account information to a third party. You must immediately notify us of any known or suspected unauthorized use of your account or any known or suspected breach of security, including, but not limited to loss, theft, or unauthorized disclosure of your password. YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON YOUR ACCOUNT. If there is any fraudulent, misleading, abusive, or illegal activity on your account, we may terminate your account at our sole discretion and we may refer you to appropriate law enforcement agencies.

Your Content
Any change or update made to your account information, and all other postings, text, images, messages, files, and/or other materials you post, transmit through, or link to the Patient Portal (collectively, “Your Content”) are your sole responsibility. CHI and the Patient Portal merely provide a means for you to transmit (send) Your Content. YOU AGREE THAT YOU WILL DECIDE WHAT TO SEND AND BEAR ALL RISK RELATED TO THE USE OF OR ANY ACTIVITIES ASSOCIATED WITH ANY OF YOUR CONTENT. THE RESULTS OF ANY ACTIONS YOU TAKE BASED ON YOUR CONTENT OR OTHER CONTENT YOU FIND THROUGH THE PATIENT PORTAL ARE SOLELY YOUR RESPONSIBILITY. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind resulting from Your Content.

We do not pre-screen or approve Your Content and we have no duty to monitor Your Content. However, we reserve the right to review, change, monitor, distribute, refuse to post, or delete any of Your Content at our sole discretion. We reserve the right at all times and in our sole discretion to disclose any information we believe necessary to satisfy any law, regulation, legal process, or governmental request.

By uploading, transmitting, or posting Your Content, you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute Your Content in whole or in part.

Your Responsibilities
You agree that when using the Patient Portal, you will not:
1 Delete, hack, or attempt to change or alter any content or notices;
2 Use any device, software, or routine intended to damage or interfere with the proper functioning of the Patient Portal, servers, or networks connected to the Patient Portal, or take any other action that interferes with any other person’s use of the Patient Portal;
3 Use any automatic or manual device or process to harvest or compile information from the Patient Portal for any reason;
4 Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Patient Portal is based;
5 Introduce into the Patient Portal any malicious or intentionally destructive software routines designed to permit unauthorized access to disable, erase, or otherwise harm the Patient Portal or any content contained in the Patient Portal;
6 Introduce into the Patient Portal any software routine designed to disable a computer program automatically, with the passage of time, or under the positive control of an unauthorized person;
7 Use any content made available through the Patient Portal in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
8 Attempt to access any other person’s information;
9 Post, upload, or transmit photos or video of any third party without express, written permission. By uploading, transmitting, or posting any photo or video on or through the Patient Portal, you represent and warrant that you have express, written permission from all persons appearing in the media for all potential uses by the Patient Portal or CHI of such media;
10 Send any chain letters, junk mail, unauthorized e-mail, or advertisements;
11 Encourage any illegal activities, or post anything that is obscene, defamatory, threatening,harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
12 Decrypt, transfer, frame, display, or translate any part of the Patient Portal;
13 Use the information in the Patient Portal to create or sell a similar service or similar information.

Deactivation of Your Account
You are responsible for making sure Your Content and other information you want is properly backed up so you have access to it in case of loss, corruption, or cessation of THE PATIENT PORTAL, or termination or suspension of your account. WE DO not export Your Content, your Information, or other data during your use of the Patient Portal, or provide Your Content, Information, or other data to you when your account is closed. You can have access to your EHI after your Patient Portal account is closed by contacting the HIM department at the facility where you received care.


9. YOUR INDEMNIFICATION OF CHI

You agree to defend, indemnify and hold harmless CHI, our officers, members, directors, employees and agents, from and against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of all or part of the Patient Portal; (b) any personal information you provide to the Patient Portal; (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations within these Terms; (d) your infringement or misappropriation of any intellectual property or other rights of CHI or third parties by you; or (e) any negligence or willful misconduct by you.


10. NO WARRANTY

THE PATIENT PORTAL, INCLUDING ANY CONTENT OR INFORMATION CONTAINED IN THE PATIENT PORTAL, ARE PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT.

STATEMENTS OUTSIDE THE TERMS, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS NOT A WARRANTY OR PROMISE BY US, AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY COMMUNICATION, INFORMATION, OR YOUR CONTENT. YOU ASSUME COMPLETE AND TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PATIENT PORTAL AND ANY LINKED WEBSITES.
Some jurisdictions do not allow the disclaimer of warranties, so such disclaimers and exclusions may not apply to you.


11. LIMITATIONS OF LIABILITY

NEITHER WE NOR OUR SPONSORS ARE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE PATIENT PORTAL, THE CONTENT OR INFORMATION CONTAINED IN THE PATIENT PORTAL OR ANY LINKED WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE PATIENT PORTAL, THE CONTENT OR INFORMATION, OR ANY LINKED WEBSITES IS TO STOP USING THE PATIENT PORTAL, THE CONTENT OR INFORMATION, OR LINKED WEBSITES.

IF WE ARE FOUND TO BE LIABLE DESPITE THE LIMITATIONS ABOVE, IN NO EVENT SHALL CHI BE LIABLE FOR ANY DAMAGES RELATING TO THIS AGREEMENT GREATER THAN ONE THOUSAND U.S. DOLLARS ($1000), TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you.


12. TRADEMARK NOTICE

The Patient Portal include numerous trademarks and Patient Portal marks that are the property of CHI, such as "CATHOLIC HEALTH INITIATIVES," "A SPIRIT OF INNOVATION”, “A LEGACY OF CARE." Other trademarks, service marks, and logos used in connection with the Patient Portal are the trademarks, service marks, or logos of third parties.


13. INFRINGEMENT

It is CHI’s policy to respect the intellectual property of others and to respond quickly to notices of alleged infringement. CHI will terminate the access of all Users who infringe the intellectual property rights of others. Likewise, any apparent infringement of CHI’s intellectual property rights by a User may result in the immediate termination of that User’s access to the Patient Portal.

If CHI removes or disables access to User Content or Third Party Content according to these Terms, CHI may, in its discretion, provide the Content Contributor with a copy of the notification which prompted removal or disabled access to the User Content or Third Party Content. However, CHI reserves the right to withhold access to and/or not replace the User Content or Third Party Content unless ordered to do so by a court or other tribunal of competent jurisdiction.


14. OTHER WEBSITES

CHI makes no representations whatsoever about any other website that you may access though the Patient Portal. When you access a non-CHI website, please understand that it is independent from CHI, and that CHI has no control over the content on that website. In addition, a link to a non-CHI website does not mean that CHI endorses or accepts any responsibility for the content, or the use, of the linked website. You must ensure that whatever you select for your use or download from that website is free of items such as viruses, worms, Trojan horses, and other items of a destructive nature, and that such use or download complies with copyright and other applicable laws.


15. OUR COMMUNICATIONS

The e-mail address you provide during the Patient Portal registration process will be the e-mail address we will use for all Patient Portal-related communications to you. We may also send you messages via your account. It is your responsibility to monitor these messages and respond in an appropriate manner. Our Patient Portal may contain links or forms that can be used to contact us so you can comment, make a complaint, make suggestions, and ask questions. You represent and warrant that any information you enter into the Patient Portal is correct and applies only to you and that you will keep your e-mail address and other information about you in your account up-to-date. You can contact us through your account or by e-mail. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or by our posting notices to your account.

You agree that you are able to print the communications for your records. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may choose to get legal notices in paper form through the mail if you tell us you do not want legal notices sent electronically. If you choose paper form, legal notices will be sent to you in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell us you do not want legal notices sent electronically, and for any other notices under this Agreement, send the notice in writing and by certified and registered mail to:

Catholic Health Initiatives Marketing and Communications Department
198 Inverness Drive
West Englewood, CO 80112


16. CHOICE OF LAW AND VENUE

THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS BY USING OUR PATIENT PORTAL.

These Terms are entered into in the State of Colorado, U.S.A., and are governed by the laws of the State of Colorado, U.S.A., exclusive of its choice of law rules.
YOU AND WE EACH AGREE TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE COUNTY OF DENVER IN THE STATE OF COLORADO, U.S.A., FOR ALL DISPUTES RELATING TO THESE TERMS. EACH PARTY WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.


17. ENTIRE AGREEMENT

Except as expressly stated elsewhere in these Terms, these Terms constitute the entire agreement between CHI and you pertaining to the subject matter described in these Terms. Your use of the Patient Portal and any Portal-related Services is also subject to our Privacy Policy. If any provision of these Terms 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. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.


18. USERS FROM OUTSIDE THE UNITED STATES

The Patient Portal is governed by United States law. If you are using the Patient Portal from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States or other countries, depending on the location of the servers of CHI or our suppliers. The laws of the United States and other countries might not be as comprehensive as those in your country. By using the Patient Portal, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in our Privacy Policy.


19. CHANGES TO THESE TERMS OF USE

We may revise and update these Terms from time to time without prior notice to you and will post the updated Terms. ANY CHANGES TO THESE TERMS WILL APPLY IMMEDIATELY UPON POSTING. BY USING OR OTHERWISE ACCESSING THE PATIENT PORTAL, POSTING, OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE PATIENT PORTAL, YOU HEREBY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS AND ANY CHANGES TO THEM. YOU AGREE TO PERIODICALLY REVIEW THESE TERMS FOR SUCH CHANGES.

YOUR AGREEMENT TO THESE TERMS OF USE:

USE OF OUR PATIENT PORTAL AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS SET FORTH ABOVE. PLEASE READ THIS INFORMATION CAREFULLY. YOUR CLICKING “AGREE” BELOW IS YOUR AGREEMENT TO BE BOUND BY ALL THE TERMS SET FORTH ABOVE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PROMPTLY EXIT THE SITE.