MyKelseyOnline™ Service Agreement

Version 2.0 Effective 4/28/2009

Important Notice: MyKelseyOnline™ is not intended to be used in emergency situations. If You are experiencing a medical problem and are uncertain of its severity, call Your personal physician, or the nearest hospital or 9-1-1 for assistance. The use of this web site (“Web site”) is set forth in and governed by the terms and conditions of this MyKelseyOnline™Service Agreement (“Agreement”).

Definitions:

  1. You: means the individual who applies for MyKelseyOnline™ membership, accepts and electronically signs this Agreement, in order to become a MyKelseyOnline™ Member. You must be 18 years or older in order to sign this agreement.
  2. Kelsey-Seybold Clinic (KSC): Kelsey-Seybold Medical Group, PA is the other signatory to this Agreement, which has created and is offering the MyKelseyOnline™ service to and for its patients.
  3. MyKelseyOnline™: MyKelseyOnline™ is a secure internet communications and information access service, which is offered for and to KSC Patients for their convenience. This service includes online access to portions of your clinical and financial records as they exist in KSC’s patient care systems, as well as online communication functions to facilitate your interactions with KSC. This service and information offered therewith, is offered at the sole discretion of KSC, and may be enhanced, modified, restricted or terminated with or without notice by KSC at any time.
  4. Adult Patient Eligibility: Eligibility for enrollment in the MyKelseyOnline™ service is restricted to individuals who meet all of the following eligibility criteria: (1) You are a registered patient with KSC, who (or your Proxy on your behalf) has elected and is eligible to receive medical services from KSC; (2) You (and your Proxy, if applicable) maintain full compliance with your obligations under this Agreement and successor Agreements; (3) You are 18 years or older, have had the disabilities of minority legally removed, or are otherwise legally authorized to consent to your own medical treatment, and (4) You meet other KSC eligibility criteria that KSC may developat its sole and reasonable discretion from time to time.
  5. Minor Patient Services: You must be age 18 or older to be granted membership access to MyKelseyOnline™. Parents or guardians of minor children, who have the legal right to serve as Proxies for these children, may request access to the minor child's account by following the terms outlined in the "Proxy Access" section of this Service Agreement. Under State and Federal law, there are certain types of medical information that a parent or guardian may not view without consent of the minor patient, and proxy access to these types of medical information may be restricted. When the minor reaches age 18, parental proxy access will be denied. At this point, the child will be required to request access to his/her MyKelseyOnline™ account as an adult patient.
  6. Proxy Eligibility: Eligibility for Proxy access to KSC Patients enrolled in MyKelseyOnline™ is restricted to individuals who are 18 years or older and have a legal right to access the Enrolled Patient’s MyKelseyOnline™ services and information and/or communicate with KSC on their behalf. This legal right is typically accorded to (1) Parents who are acting as legal guardians for their children; (2) Parents who are entitled to make health care decisions and access health care information for their children as a result of a judicially approved and executed decree; and (3) Other individuals for whom written consent or Power of Attorney exists, which grants the legal right for a Proxy to act on behalf of a KSC Patient, who is eligible for MyKelseyOnline™ membership. KSC Reserves the right to collect, examine or make copies of any information it deems necessary to determine whether legitimate Proxy rights exist, and deny eligibility in the absence of this information. KSC reserves the sole right to determine whether or not Proxy Eligibility exists and whether and to whom such proxy rights shall be granted.
  7. MyKelseyOnline™ Member: Any individual who meets all the following conditions: (1) Meets the KSC Proxy or Adult Patient MyKelseyOnline™ Eligibility criteria defined above; (2) Has agreed to and is in compliance with all terms and conditions of any applicable MyKelseyOnline™ Agreement; (3) Has been granted access to MyKelseyOnline™ ; and (4) continues to have access to MyKelseyOnline™.

MyKelseyOnline™ Member Responsibilities:

By using the MyKelseyOnline™ service, you agree to be bound by all the terms and conditions stated in both this Agreement as of the Effective Date. KSC may revise this Agreement at any time as it deems necessary to protect the interests of KSC Patients, KSC, comply with applicable laws and regulations or for other reasons. It is your responsibility to regularly review and determine whether you are in agreement with the updates that may be made to this Agreement from time to time. This and effective successor Agreements are and will be made available for your review on MyKelseyOnline™. All health and health-related information contained within this KSC Web site is intended to be general in nature and should not be used as a substitute for a visit with a health care professional. The information provided in or via this Web site is not intended, in any way, as a substitute for professional medical advice. Your health care provider should be consulted regarding matters concerning the medical condition, treatment and needs of you and your family.

Additional MyKelseyOnline™ Member Responsibilities include:

  1. You will use the system only to access personal health care information that you are legally entitled to access either as a Patient or legally approved Proxy for another Patient, or to engage in communications with KSC that are consistent with this access and the health care needs of yourself and the individuals for which you are serving as a Proxy. You acknowledge and agree that any attempt to access patient information you are not entitled to receive, is a breach of this Agreement and may result in your prosecution for a criminal offense.
  2. Information Accuracy: All information that you provide during sign up and continued use of MyKelseyOnline™ is accurate and true at the time this information is provided. If you are serving as a Proxy for another MyKelseyOnline™ patient member, and your legal right to serve in this Proxy capacity for that patient changes, you must notify KSC immediately of that change, and not must access that Patient’s MyKelseyOnline™ account at any time after your legal Proxy access rights to that Patient’s personal or health information have expired or been terminated. You acknowledge that any deliberate falsification of information that you provide is a breach of this Agreement and may result in your prosecution for a criminal offense.
  3. Username and Password Protection: You recognize that your username and password are used to provide access to your personal records, and that you will not share this information with anyone else. Furthermore, if you believe or learn that this information may have been obtained by anyone else, you will promptly notify KSC at 713-442-6565, so that your access information may be changed to protect the confidentiality of your information.
  4. Emergency Care: You recognize and agree that MyKelseyOnline™ is not designed to be used in emergency situations, and you agree not to use MyKelseyOnline™ for emergency situations. If you are experiencing a medical problem and are uncertain of its severity, You should call Your personal physician, or 9-1-1 for assistance. Nothing contained in this web site is intended for medical diagnosis or treatment.
  5. Acceptance of Changes: KSC reserves the right to make changes in this Agreement at any time, for any reason. Changes will be posted on the Terms and Conditions page as they are made and become effective. When you use MyKelseyOnline™, you agree to all terms and conditions of the posted MyKelseyOnline™ Agreement, which are in effect on the date that You access and use MyKelseyOnline™ services. If you find that the current Agreement is unacceptable to you, youmust stop using MyKelseyOnline™ and terminate your MyKelseyOnline™ enrollment immediately. You can do this by contacting KSC at 713-442-6565.
  6. System Unavailability: This Agreement requires that you recognize and accept that MyKelseyOnline™ may become unavailable from time to time, and that you have alternate means of communicating with KSC and obtaining access to your personal and health information, which may include communication by phone, mail or personal visit to a KSC office.
  7. Communication Etiquette: Your MyKelseyOnline™ account may include privileges for online communication with your KSC doctor’s office or other service areas of KSC. If your account includes these privileges, you agree that you will use these privileges in a courteous, respectful, efficient and informative manner, and that you understand that this service is not intended as a vehicle for social dialogue. You acknowledge that you are responsible for all information you send to the web site. No one may post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person or any other information or materials that constitute a crime, give rise to a civil action or otherwise violate any law or confidentiality agreement. KSC reserves the right to refuse to post any such message, and will reserve the right to take appropriate legal action. Furthermore, you understand and agree that KSC may terminate your online communication privileges or Your MyKelseyOnline™ membership at any time for any reason.
  8. Email Privacy: As a MyKelseyOnline™ Member, you will receive email notices to the email addresses you provided to KSC in connection with your enrollment and continued membership in MyKelseyOnline™. These notices will inform you when there is new information which has been delivered to your MyKelseyOnline™ account or to those accounts for which you are serving as a Proxy. These communications will not include private medical information. Under this and successor MyKelseyOnline™ Agreements, you are responsible for maintaining your current and accurate email address for your MyKelseyOnline™ account. Furthermore, you acknowledge and accept that email may not be a private communication between you and KSC – anyone with access to your email account such as an employer or family member may be able to access these email communications.

KSC Responsibilities:

  1. MyKelseyOnline™ Services: KSC will support, change or improve its MyKelseyOnline™ service offering as it deems necessary to meet the needs of its Patients, KSC or to comply with applicable laws and regulations. Although KSC intends to offer MyKelseyOnline™ services 24 hours per day, 7 days per week, 365 days per year, there will be times, when MyKelseyOnline™ becomes unavailable due to necessary maintenance, system changes or a technical malfunction. KSC will employ commercially reasonable practices maintain MyKelseyOnline™ service availability. KSC will provide support services to assist you in Your use of MyKelseyOnline™. Please use the contact information provided on MyKelseyOnline™ to contact these services or call 713-442-6565 if MyKelseyOnline™ is unavailable.
  2. Information Security: KSC employs and will continue to employ industry standard methods to protect the confidentiality and security of your personal information, and to meet applicable State and Federal regulations related to privacy and information security, including HIPAA.
  3. Fees for MyKelseyOnline™ Service: Currently, KSC is offering MyKelseyOnline™ services at no fee to all MyKelseyOnline™ Members. In the event that KSC elects to charge a fee in the future for all or portions of the MyKelseyOnline™ service, or offer new MyKelseyOnline™ services for which payments are required, You will be notified through MyKelseyOnline™. KSC will not charge any fee for MyKelseyOnline™ services without your prior consent. In the event you are using a MyKelseyOnline™ service that becomes subject to fee requirements, and you do not agree to pay the fee, that portion of your MyKelseyOnline™ service will be terminated by KSC on the date such fee would have been due.
  4. Information Accuracy: KSC will engage in commercially reasonable efforts to accurately collect, store and display through MyKelseyOnline™ data which is collected from or about you in the course of your relationship with KSC. KSC will also make reasonable efforts to correct erroneous data, on file when notified of the error. KSC does not and cannot guarantee that all information collected from or about you in the course of your relationship with KSC is true and correct, and by accepting this Agreement, you acknowledge and accept that errors related to your personal data may occur.

Other Provisions:

  1. Site Access and Licenses: KSC grants a limited license to each user 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, you may be able to upload third party data into MyKelseyOnline™ or download limited medical information from MyKelseyOnline™ to select third party sites.
  2. Copyright and Trademarks: All content included on KSC web sites, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the "Content"), 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 KSC and Content owned or controlled by third parties and licensed to KSC. 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 KSC.
  3. Software Products: KSC may make some software and accompanying documentation available for downloading from KSC web sites. These materials are the copyrighted work of KSC or companies that have licensed the software to KSC. KSC does not transfer any ownership rights in software and documentation to you when you download it from KSC web sites; rather, you are allowed to use the software and documentation under the terms of a license agreement. You must read the license agreement that accompanies each product and indicate your agreement to those terms prior to downloading. You are not authorized to attempt to recreate or reverse engineer the software. In addition, some software available on KSC web Sites is subject to United States export controls. By downloading or using such software, you are representing to KSC that your download of such software complies with these controls.
  4. Links to Third Party Sites: This web site contains links to Web sites operated by other parties. The links are provided for your convenience only. We do not control such web sites and we are 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. KSC 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 your own risk including, but not limited to, any risks associated with destructive viruses. You are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the other web sites.
  5. No Warranties: THIS SITE AND ALL OTHER SITES HOSTED BY KSC AND THE CONTENT CONTAINED HEREIN AND THEREIN ARE PROVIDED BY KSC ON AN "AS IS" BASIS. KSC 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, KSC DISCLAIMS ALL WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR INFRINGEMENT.
  6. Limitation of Liability: YOU AGREE BY ACCESSING KSC THAT UNDER NO CIRCUMSTANCES OR ANY THEORIES OF LIABILITY UNDER INTERNATIONAL OR CIVIL, COMMON OR STATUTORY LAW INCLUDING BUT NOT LIMITED TO STRICT LIABILITY, NEGLIGENCE OR OTHER TORT THEORIES OR CONTRACT, PATENT OR COPYRIGHT LAWS, WILL KSC BE LIABLE FOR DAMAGES OF ANY KIND OCCURRING FROM THE USE OF THIS WEB SITE OR ANY INFORMATION, OR SERVICES OBTAINED ON THIS WEB SITE INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES (EVEN IF KSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
  7. Indemnification: You agree to defend, indemnify, and hold KSC, its officers, directors, employees, agents, licensees, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, or alleged to result from, your violation of the terms and conditions of this Agreement.
  8. Jurisdiction: This Agreement is entered into and performed in the State of Texas, and you agree this Agreement is governed by the laws of the State of Texas, without consideration to the principles of the conflicts of law. You consent and submit to the personal jurisdiction of the State of Texas and venue of the courts of Harris County, Texas, for any state or federal action arising out of the use of this web site or this Agreement. This Agreement does not constitute doing business in any other state than the State of Texas.

Term:

This Agreement between You and KSC will continue indefinitely from the data you electronically accept this Agreement until any of the following events occurs:

  1. You terminate your MyKelseyOnline™ Agreement with KSC, which you may do at any time for any reason. By terminating your MyKelseyOnline™, you recognize and accept that all your access to MyKelseyOnline™ will be terminated contemporaneously.
  2. KSC Terminates your MyKelseyOnline™ Agreement, which KSC may do at any time for any reason, which will result in a contemporaneous termination of your access to MyKelseyOnline™ services.
  3. This Agreement is replaced by a new Agreement, which will take effect when posted on MyKelseyOnline™.
  4. KSC Terminates the MyKelseyOnline™ service offering.

Acceptance: Electronic process recorded by KSC for Name and acceptance date.