TERMS AND CONDITIONS OF USE
April 2018 Update
myWakeHealth Services is an Internet-based on-line information and communication service, which includes but is not limited to the myWakeHealth web site and any software utilized in connection therewith. It is made available to you by Atrium Health Wake Forest Baptist and its affiliated entities and providers (collectively, "Atrium Health Wake Forest Baptist"). The terms "us" "we" or "our" shall refer to Atrium Health Wake Forest Baptist. The terms "you" and "your" shall refer to you:
- 1. as a patient with a Atrium Health Wake Forest Baptist Medical Record,
- 2. as an individual who is designated in writing, and approved by Atrium Health Wake Forest Baptist, as a proxy for a patient with a Atrium Health Wake Forest Baptist Medical Record (referred to hereinafter as “Proxies”), and/or
- 3. as an individual authorized by law to access the Atrium Health Wake Forest Baptist Medical Record of, or communicate on behalf of, a patient with a Atrium Health Wake Forest Baptist Medical Record.
Access granted to any person pursuant to (2) or (3) above shall be authorized exclusively via username and password individually identifying such person (each hereinafter a "Proxy" or collectively, "Proxies").
BY ACCESSING OR USING THE myWakeHealth SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE myWakeHealth SERVICES.
The myWakeHealth Services are only available to users, and their Proxies, who have or have had a relationship with Atrium Health Wake Forest Baptist. You understand and acknowledge that the myWakeHealth Services are provided as a convenience to you and that you are not guaranteed access to the myWakeHealth Services under any circ*mstances, including but not limited to the fact that there is an existing relationship between you and Atrium Health Wake Forest Baptist. You agree that your access to the myWakeHealth Services may be terminated at any time, for any reason. We reserve the right to update or change these Terms of Use at any time and for any reason by posting the modified Terms of Use. Upon notice from us to you of such revisions, your continued use constitutes your agreement to be bound by this Terms and Conditions as revised. The date of the last update to these Terms of Use can be found at the beginning of this document.
1. Use of Services.
NOT FOR EMERGENCIES. The myWakeHealth Services are not for use for medical emergencies or urgent situations. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Cost.There is no additional charge for using the myWakeHealth Services.
Prescriptions.You agree that any prescriptions that you acquire through the myWakeHealth Services shall be solely for the use of the individual patient to whom such prescription was issued. You agree to fully and carefully read all provided product information and labels and to contact your physician if you have any questions regarding the prescription.
No Medical Advice.Atrium Health Wake Forest Baptist may send you information regarding common medical and health related topics or preventive care messages containing medical and health related information, links to other related web sites, specific questions related to your Atrium Health Wake Forest Baptist Medical Record and information or questions about health research. Additionally, Atrium Health Wake Forest Baptist may make information available to you about Atrium Health Wake Forest Baptist facilities and services, and may provide updates relevant for your visits to, or use of, Atrium Health Wake Forest Baptist facilities, resources, or services. These communications not constitute medical advice and do not include all of the potential information regarding the subject matter set forth therein. These communications and resources are for general educational, research, or informational purposes only, and must not be relied upon as medical advice, medical diagnosis, or medical treatment for a particular individual. Such information provided to you through the myWakeHealth Services must not be construed, directly or indirectly, as the practice of medicine or dispensing of medical services by Atrium Health Wake Forest Baptist. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment.
Personally Identifiable Health Information.You acknowledge and agree that communications between you, us, and/or your physician via myWakeHealth Services may contain personally identifiable health information about you. You agree that we may transmit such information to you and/or your physician. Atrium Health Wake Forest Baptist will not modify or alter any information contained in communications and/or attachments between you and your physician via myWakeHealth Services and cannot verify the accuracy or completeness of any information transmitted. You agree that Atrium Health Wake Forest Baptist bears no responsibility with respect to the foregoing.
Your Account.You represent and warrant that:
- you are at least eighteen years of age or you are otherwise lawfully authorized to access the health records sought,
- you possess the legal right and ability to enter into this Terms of Use, to register on the myWakeHealth Services under your own name, and to use the myWakeHealth Services in accordance with this Terms of Use,
- you will abide by the obligations set forth in this Terms and Conditions,
- you are solely responsible for maintaining the confidentiality of your password and for all activities that occur via access using your logon credentials, and
- you agree to prohibit any person other than you from using your account and/or password and immediately notify Atrium Health Wake Forest Baptist of any unauthorized use of your password or other security concerns of which you become aware.
Intellectual Property.Atrium Health Wake Forest Baptist hereby grants you a limited, revocable, non-transferable and non-exclusive license to: 1) view or download a single copy of the educational or informational materials on the myWakeHealth Services web site, and 2) to using the myWakeHealth Services solely for your personal, noncommercial use. With the exception of the data contained in your Atrium Health Wake Forest Baptist Medical Record, Atrium Health Wake Forest Baptist retains all right, title and interest in and to the myWakeHealth web site, the myWakeHealth Services and any applicable content, products, documentation, software or other materials on the myWakeHealth Services web site, as well as any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing. The information available through the myWakeHealth Services is the property of Atrium Health Wake Forest Baptist as either owner or licensee and is protected by United States copyright, trademark, and other intellectual property laws. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by Atrium Health Wake Forest Baptist and/or received through the myWakeHealth Services to anyone, including but not limited to others in your organization. Any copy made of information obtained through the myWakeHealth Services web site must include the copyright notice. Use, reproduction, copying, or redistribution of Atrium Health Wake Forest Baptist's logos is strictly prohibited without written permission from Atrium Health Wake Forest Baptist.
2. Legal Notices and Disclaimers
General Disclaimers.YOU ACKNOWLEDGE THAT YOUR USE OF THE myWakeHealth SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Atrium Health Wake Forest Baptist AND ITS AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, Atrium Health Wake Forest Baptist AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE myWakeHealth SERVICES AND OTHER SERVICES PROVIDED HEREUNDER.
Atrium Health Wake Forest Baptist MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE myWakeHealth SERVICES.
Limitation of Liability.TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Atrium Health Wake Forest Baptist NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, myWakeHealth SERVICES OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED THROUGH myWakeHealth SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Atrium Health Wake Forest Baptist IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY, SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.
3. Privacy.
Atrium Health Wake Forest Baptist respects your privacy and takes privacy very seriously. By accepting this Terms of Use, you consent to the use and disclosure of personally identifiable information provided to us as outlined in our Notice of Privacy Practices, which is incorporated herein by reference.
Atrium Health Wake Forest Baptist Medical Record. Your Atrium Health Wake Forest Baptist Medical Record is created to store your personal health information electronically, including health conditions, allergies and medications. Any information provided as part of your use of the myWakeHealth Services may become part of your Atrium Health Wake Forest Baptist Medical Record. You agree to provide accurate information for your Atrium Health Wake Forest Baptist Medical Record, to periodically review such information and to update such information as necessary. For additional information regarding use of your Atrium Health Wake Forest Baptist Medical Record, please see our Notice of Privacy Practices. In certain circ*mstances, Atrium Health Wake Forest Baptist may provide certain information to your health plan or insurance company regarding your use of Atrium Health Wake Forest Baptist services if permitted by law or if such entity represents it has obtained any required consents. You authorize Atrium Health Wake Forest Baptist to rely upon such representations. It is your responsibility to confirm any third party information contained in your Atrium Health Wake Forest Baptist Medical Record. You acknowledge and agree that, to the extent authorized by your physician or if permitted by law, other providers or employees at Atrium Health Wake Forest Baptist may access your Atrium Health Wake Forest Baptist Medical Record and respond to your inquiries or provide services to you via myWakeHealth.
4. General Legal Provisions.Third Party Sites.Although the myWakeHealth web site may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link does not imply endorsem*nt of the linked site by Atrium Health Wake Forest Baptist. Atrium Health Wake Forest Baptist takes no responsibility for the content or information provided through such other sites, and does not exert any editorial or other control over those other sites. Nor does Atrium Health Wake Forest Baptist take responsibility for the privacy policies and practices of these third-party links.
Operation and Record Retention.Atrium Health Wake Forest Baptist reserves complete and sole discretion with respect to the operation of the myWakeHealth Services. Atrium Health Wake Forest Baptist may, among other things, withdraw, suspend or discontinue any functionality or feature of the myWakeHealth Services at any time and without notice to you. Atrium Health Wake Forest Baptist is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. Atrium Health Wake Forest Baptist is not responsible for maintaining data arising from use of the myWakeHealth Services. Atrium Health Wake Forest Baptist reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to myWakeHealth Services pursuant to its internal record retention and/or destruction policies, which may be modified from time to time.
Limitations on Use.You agree that you will only access your own Atrium Health Wake Forest Baptist Medical Record and that you will not attempt to access, use, download, or manipulate the Atrium Health Wake Forest Baptist Medical Record of any other person. You agree not to access or use the myWakeHealth Services with a username and/or password other than your own. You further agree not to access or use the myWakeHealth Services in an unlawful way or for any unlawful purpose. You shall send secure, electronic messages to other parties solely for personal communication and no other purposes, including commercial purposes, or for mass distributions of unsolicited e-mails. You agree not to post or transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, trojan horse or other code which is contaminating or destructive to the files or programs of Atrium Health Wake Forest Baptist or any of its users. Atrium Health Wake Forest Baptist reserves the right to delete any information provided by you that it deems in its sole discretion is fraudulent, abusive, defamatory, obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
Indemnity.YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Atrium Health Wake Forest Baptist AND ITS AFFILIATES FROM AND AGAINST ALL LOSSES, LIABILITY, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, ARISING OUT OF OR RELATED TO ANY BREACH OF THIS TERMS OF USE, ANY NEGLIGENT OR WRONGFUL ACTION OR OMISSION BY YOU RELATED TO YOUR USE OF SERVICES PROVIDED BY OR THROUGH Atrium Health Wake Forest Baptist, OR ANY NEGLIGENT OR WRONGFUL USE OF THE myWakeHealth SERVICES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING YOUR ACCOUNT.
Third Party Rights.The indemnification provisions set forth above and the provisions under Section 2 Legal Notices and Disclaimers are for the benefit of Atrium Health Wake Forest Baptist and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Term and Termination.This Terms of Use shall commence upon the sooner of: the date you accept this Terms of use electronically or in writing, the date you first access or use the myWakeHealth Services, or the date you complete the registration process. Either you or Atrium Health Wake Forest Baptist may terminate this Terms of Use and your right to use the myWakeHealth Services at any time, with or without cause. This Terms of Use and the licenses granted hereunder shall terminate without notice in the event you (or any authorized person using your account) fail to comply with the terms and conditions of this Terms of Use, or the rules for use of the myWakeHealth Service promulgated by Atrium Health Wake Forest Baptist from time to time. Upon any termination, you will destroy all copies of Atrium Health Wake Forest Baptist materials in your possession and cease any access to or use of the myWakeHealth Services.
Notice.Atrium Health Wake Forest Baptist may provide notice by e-mail to the e-mail address you provided Atrium Health Wake Forest Baptist during the registration process, by a general notice on the myWakeHealth Services Web site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the myWakeHealth Services account information. You may give notice to Atrium Health Wake Forest Baptist at any time via electronic mail to webmaster@wakehealth.edu or by letter delivered by first class postage prepaid U. S. mail or overnight courier to mywakehealth team, Atrium Health Wake Forest Baptist, Medical Center Boulevard, Winston-Salem, N.C. 27157.
Severability.The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.
Entire Agreement.This Terms of Use, together with any Atrium Health Wake Forest Baptist rules or policies referred to herein, represents the complete agreement between you and Atrium Health Wake Forest Baptist concerning the subject matter hereof, and it replaces all prior oral or written communications concerning such subject matter. Atrium Health Wake Forest Baptist may modify this Terms of Use as set forth above.
Assignment.You may not assign, transfer or delegate this Terms of Use or any part of it without Atrium Health Wake Forest Baptist's prior written consent. Atrium Health Wake Forest Baptist may transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.
Waiver.Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered to be a waiver thereof. A waiver may only be made by a signed writing and no single waiver shall be considered a continuing or permanent waiver unless explicitly set forth in such writing.
Governing Law.This Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any choice of law rules or principles. You agree that Forsyth County, North Carolina shall be the sole and exclusive venue for any legal action or proceeding between Atrium Health Wake Forest Baptist and you for any purpose concerning this Terms of Use. Any cause of action or claim you may have with respect to Atrium Health Wake Forest Baptist must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.
