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VCU Health MyChart End User Agreement


These Terms of Use ("Terms") govern your use of any online telehealth technology (collectively, the "Technology" or “MyChart”) that Virginia Commonwealth University Health System Authority ("Operator," "we," "us," or "our") operates which links to these Terms.

   

Please review these Terms carefully before using the Technology. We may change these Terms or modify any features of the Technology at any time.  The most current version of the Terms can be viewed by clicking on the "Terms of Use" link posted through the Technology.  You accept the Terms by using the Technology, and you accept any changes to the Terms by continuing to use the Technology after we post the changes.


I. PRIVACY

By using the Technology, you consent to our processing your information consistent with our Privacy Policy  


II. IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICES

DO NOT USE THIS TECHNOLOGY FOR EMERGENCY MEDICAL NEEDS.  IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY.

The health care services providers ("Providers") may use the Technology to communicate with you.  Your interactions with the Providers via the Technology are not intended to take the place of your relationship(s) with your regular health care practitioner(s).  

NEITHER OPERATOR NOR ANY OF ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTIES WHO PROMOTE THE TECHNOLOGY OR PROVIDE YOU WITH A LINK TO THE TECHNOLOGY SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE YOU OBTAIN FROM A PROVIDER VIA THE TECHNOLOGY NOR FOR ANY INFORMATION OBTAINED FROM OUR TECHNOLOGY.  YOU ACKNOWLEDGE YOUR RELIANCE ON ANY PROVIDERS OR INFORMATION PROVIDED BY THE TECHNOLOGY IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.

You hereby certify that you are physically located in the Commonwealth of Virginia at the time of your use of the Technology.  You acknowledge that your ability to access and use the Technology is conditioned upon the truthfulness of this certification and that the Providers you access through the Technology are relying upon this certification in order to interact with you.  IN THE EVENT THAT YOUR CERTIFICATION IS INACCURATE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS OPERATOR AND THE PROVIDERS YOU INTERACT WITH FROM ANY RESULTING DAMAGES, COSTS, OR CLAIMS.


III. ACCOUNT ENROLLMENT

To access Providers using the Technology, you must first establish an individual user account ("Account") by providing certain information.  You agree that you will not create more than one Account, or create an Account for anyone other than yourself (with the exception of subaccounts established for minor children of whom you are a parent or legal guardian).  You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed.

You represent and warrant that you are at least 13 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of Use.

In order to use MyChart to access clinical services, you must understand and agree with the following conditions: 

  • Clinical services provided on the MyChart platform are not intended to address emergency or life-threatening medical conditions. Please call 9-1-1 or go to the emergency room if you are experiencing an emergency or life-threatening medical situation.
  • Consultation with MyChart Telehealth Providers does not replace your primary care physician.
  • No controlled substances will be prescribed by the MyChart Telehealth Providers. Such clinicians reserve the right to refuse to prescribe drugs that are restricted by state law, or may be harmful or non-therapeutic.
  • Under limited circumstances, clinical services may be covered by some benefit plans. Seek coverage information under your benefit plan prior to using the clinical services.
  • You are responsible for maintaining the security of the access to your account – please do not allow anyone else access to use it. Please notify Operator of any actual or suspected use of your account by another person.
  • Clinical telemedicine services will only be offered with a completed and signed “Patient Consent to the Use of Telemedicine Form.” The scope of care will be at the sole discretion of the Provider who is treating you, with no guarantee of diagnosis, treatment, or prescription.

IV. PROHIBITED CONDUCT

You may not access or use, or attempt to access or use, the Technology to take any action that could harm us or any third party, interfere with the operation of the Technology, or use the Technology in a manner that violates any laws.  For example, and without limitation, you may not:

  • transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
  • provide information on the enrollment form that is untrue, inaccurate, not current, or incomplete;
  • transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
  • transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Technology to anyone without prior express permission
  • engage in unauthorized spidering, "scraping," or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
  • take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Technology or any activity conducted on the Technology or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
  • attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Technology; or
  • engage in any other conduct that restricts or inhibits any person from using or enjoying the Technology, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in civil or criminal liability.  We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.  We may suspend or terminate your access to the Technology for any or no reason at any time without notice.  


V. PAYMENT AUTHORIZATION

By providing a credit card or other payment method accepted by Operator ("Payment Method"), you are expressly agreeing that we are authorized to charge to the Payment Method any fees for your use of the Technology, together with any applicable taxes.  Please note that Operator may not receive complete information from your health insurance plan, if applicable, regarding the applicable co-pay due from you for your consultation.  As such, you may be billed more than once with respect to a consultation to account for additional co-pay amounts due, if any. 

You agree that authorizations to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify Operator of any changes to your Payment Method.  You certify that you are an authorized user of the Payment Method and will not dispute charges for the health care services provided that correspond to consultation fees or the co-payment required by your health plan.  You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law.  In the case of an ACH transaction rejected for insufficient funds, Operator may at its discretion attempt to process the charge again at any time within 30 days. 


FINANCIAL RESPONSIBILITY

  1. Financial Responsibility: By clicking the "AGREE" button I accept full financial responsibility for healthcare services provided to me through the Technology, including but not limited to services provided by Virginia Commonwealth University Health System Authority (frequently known as VCU Medical Center, “MCVH”), MCV Associated Physicians (“MCVP”), Community Memorial Hospital (“CMH”), CMH Physician Services, LLC (“CMHPS”), VCU Health Tappahannock Hospital (“Tappahannock”), and any other affiliate of Operator (collectively, the “VCU Health Providers”). I understand that such responsibility includes co-insurance, deductibles and payment for services that are not covered by a health insurance plan, government agency, workers' compensation, or any other third party.
  2. Delinquent Accounts: Should my account become delinquent, I by clicking the "AGREE" button, agree to pay all costs of collection, including but not limited to, interest charges, collection agency fees, legal costs and attorney fees of thirty-three and one third percent (33 1/3%) of the unpaid balance turned over for collection. For purposes of collection of my account, I consent to receiving auto-dialed and/or artificial or prerecorded message calls to my cellular telephone and to any telephone number provided by me to VCU Health Providers, including but not limited to, calls from VCU Health Providers and any account management company, contractor or debt collector retained by VCU Health Providers. I agree that any lawsuit to collect sums owed by me may be brought in the courts in and for the City of Richmond, and I consent to the jurisdiction thereof.
  3. Assignment of Benefits: By clicking the "AGREE" button, in consideration for healthcare services provided to me by VCU Health Providers and/or others for this and all subsequent services, I hereby assign to VCU Health Providers and others any and all rights, benefits and claims I may have under any policy of insurance (hospitalization, major medical, automobile, liability, workers' compensation, and any other) and the proceeds from any claim that I may have for injuries, including payment of authorized Medicare benefits on my behalf. A copy of this authorization may be used instead of the original.
  4. Direct Payment: By clicking the "AGREE" button, I hereby authorize payment directly to VCU Health Providers and others for this and all subsequent services rendered by them that are reimbursable under any medical insurance plan or by any party responsible for payment of these fees.

Automobile Accident Patients: If you have been in an automobile accident, you may be entitled to payment from your automobile insurance if you have medical expense benefits coverage. By signing this assignment of benefits form you are giving to your health care provider the right to receive some or all of that payment directly from your automobile insurance company. If you have health insurance and your healthcare provider is in-network: as long as you provide information necessary to verify your health insurance coverage the healthcare provider may only bill the amount you owe for any copayment, coinsurance, or deductibles to your automobile insurance and you may be entitled to any remainder of your automobile insurance benefit. If you do not provide information necessary to verify your health insurance coverage, do not have health insurance, or your healthcare provider is not in your health insurer's provider network: your health care provider may bill their full charges to your automobile insurance. You may want to consult your insurance agent or attorney before accepting this. 


VI. INTELLECTUAL PROPERTY RIGHTS

The Technology is protected under the copyright laws of the United States and other countries.  All copyrights in the Technology are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Technology without our written consent.

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Technology, whether or not appearing in large print or with the trademark symbol, belong exclusively to Operator or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Technology confers on you any license or right under any patent or trademark of Operator, its affiliates, or any third party.


VII. PASSWORD SECURITY

You are solely responsible for the security of your username and password, and for any use of the Technology using your username and password.  You should not share your username or password with any third party or allow any third party to access the Technology using your username and password.  You agree to notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way.  We reserve the right to revoke or deactivate your username and password at any time.


VIII. WEBSITE AND THIRD-PARTY CONTENT

Other than information received directly by you from Providers, the content on the Technology should not be considered medical advice.  You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you.  NONE OF THE CONTENT ON THE TECHNOLOGY REPRESENTS OR WARRANTS THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.  Operator does not recommend or endorse any specific tests, medications, products, or procedures.

The Technology may provide links to third-party content.  You acknowledge and agree that we are not responsible for the availability of such third-party content, and we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content.  Use of any linked third-party content is at the user's own risk.


IX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

IN NO EVENT WILL WE, OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES,  AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OPERATOR'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE TO CEASE USING THE SERVICES.  

OPERATOR, ITS LICENSORS, SUPPLIERS, AND ALL THIRD PARTIES WHO PROMOTE THE TECHNOLOGY OR PROVIDE YOU WITH A LINK TO THE TECHNOLOGY EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF HEALTHCARE VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR MEDICAL MALPRACTICE.


X. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES,  AGENTS, ASSIGNS, AND THE COMMONWEALTH OF VIRGINIA HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE TECHNOLOGY INCLUDING ANY  MEDICAL SERVICES PROVIDED AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS.  WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION.  IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.


XI. CHOICE OF LAW AND FORUM

The Services are intended for use by residents of the Commonwealth of Virginia.  We do not intentionally provide access to the Services to individuals located outside of Virginia.  You agree that your access to and use of the Services will be governed by and will be construed in accordance with the laws of the Commonwealth of Virginia without regard to principles of conflicts of laws.  You agree that any claim or dispute against us arising out of or relating to the Technology must be resolved by the courts of Richmond, Virginia.


XII. MISCELLANEOUS

These Terms constitute the entire agreement between you and us with respect to your use of this Technology for medical services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us on this subject.  In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Technology.  

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations.  Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Technology or information provided to or gathered by us with respect to such use.


LEGAL NOTICES

CURRENT PROCEDURAL TERMINOLOGY ("CPT") 

CPT Copyright © 2016 American Medical Association. All rights reserved. 

Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein.  Applicable FARs/DFARs restrictions apply to government use.

CPT is a registered trademark of the American Medical Association.