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Patient Portal

Terms of Use


Welcome to the ProHEALTH Patient Portal (the “Patient Portal”). This Patient Portal allows patients who are registered users to communicate with their health care providers and to access certain of their health information.

If you ARE EXPERIENCING A medical emergency,

do not use the patient portal.

instead, CALL 9-1-1.

All registered users of the Patient Portal are subject to the following terms and conditions of use (these “Terms of Use”).

Please read these Terms of Use carefully before accessing or using any part of the Patient Portal. By accessing or using the Patient Portal, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the ProHealth Privacy Policy which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of the Patient Portal.

ProHEALTH Corp. or ProHEALTH Care Associates, LLC (collectively, “ProHEALTH”) may revise and update these Terms of Use at any time without notice by posting the amended terms to the Patient Portal site. Your continued use of the Patient Portal means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Patient Portal, your sole and exclusive remedy is to discontinue using the Patient Portal.

ACCOUNTS AND PASSWORDS

You agree to use this Patient Portal and submit information at your own risk. You will have a User ID and password to access the Patient Portal.  The User ID and Password are for your use only.  Do not share your User ID or Password with any other party, temporarily or permanently. If someone learns your User ID and Password, they will be able to access your health information and may disclose such information to other third parties.  In addition, a person who knows your User ID and Password will be able to communicate with your health care team as if that person were you. You bear sole responsibility for the confidentiality of your password to the Patient Portal.  If your User ID and Password are lost or stolen or you have any reason to believe that there has been an unauthorized access to your Patient Portal account, contact ProHEALTH here.

AUTHORIZED USE

·                    Messages requiring urgent or immediate attention should not be sent using the Patient Portal.  It may take up to several hours to respond to messages, depending on the nature of your question, the volume of requests and the availability of appropriate staff.  If you have a matter that needs immediate attention, call your physician’s office.

·                    You agree to use the Patient Portal only for lawful purposes.

·                    You agree not to do any of the following: (1) upload to or transmit on the Patient Portal any defamatory, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Patient Portal to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit through the Patient Portal any advertisements or solicitations of business; (6) restrict or inhibit use of the Patient Portal by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally through the Patient Portal or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Patient Portal); (10) post “seam,” transmit chain letters or engage in other similar activities; (11) violate or attempt to violate the security of the Patient Portal, including, without limitation, by accessing data not intended for you, logging into a server or account that you are not authorized to access, attempting to probe, scan, spider or test the vulnerability of any system or network, breaching security or authentication measures without proper authorization; or (12) engage in any other conduct that restricts or inhibits anyone’s use of the Patient Portal, or which, as determined by ProHEALTH, may harm ProHEALTH or users of the Patient Portal or expose them to liability.

·                    Your failure to comply with the provisions of these Terms of Use above may result in the termination of your access to the Patient Portal and may expose you to civil and/or criminal liability.  ProHEALTH reserves the right to take any action it deems necessary to protect the personal safety of users of the Patient Portal and the public; however, ProHEALTH has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

·                    ProHEALTH may also, in its sole discretion and at any time, discontinue this Patient Portal or any part therefore, with or without notice. You agree that you do not have any rights in the Patient Portal and that ProHEALTH will have no liability to you if all or any part of this Patient Portal is discontinued or your ability to access it is terminated.

·                    Certain services available on the Patient Portal may include the provision of general health information or educational materials. By providing such materials, ProHEALTH does not recommend or prescribe specific treatment; treatment decisions always remain between patients and their physicians. ProHEALTH does not guarantee the accuracy or appropriateness of such materials for any individual’s particular situation.

ONLINE TRANSACTIONS

Any transaction engaged in by any user through the Patient Portal is governed by these Terms of Use and the specific terms and conditions for such transaction, as specified by ProHEALTH.

LINKS TO OTHER SITES; DEALINGS WITH THIRD PARTIES

The Patient Portal contains links to other web sites on the Internet.  ProHEALTH is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, sites framed within the Patient Portal or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.  You agree that ProHEALTH will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any correspondence, participation in a promotion or transaction with any other organization or business found on or through the Patient Portal.

COPYRIGHT RESTRICTIONS/USE OF CONTENT

The entire contents of the Patient Portal (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to ProHEALTH and their licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on Patient Portal for personal purposes. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of ProHEALTH, except to: (a) store copies of such materials temporarily in your computer, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Patient Portal; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in the Patient Portal are transferred to you, but remain with ProHEALTH or the applicable owner of such content. Except as expressly authorized by ProHEALTH in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of the Patient Portal, (b) access to the Patient Portal or (c) use of the Patient Portal or of any services or materials available through the Patient Portal.

LINKING TO THE PATIENT PORTAL

Linking to the Patient Portal is permitted as a courtesy. You may establish a hypertext link to the Patient Portal; provided that the link is a text-only link clearly marked with ProHEALTH’s name, and that the appearance, position and other aspects of the link do not damage or dilute the goodwill associated with ProHEALTH’s name and marks or create the appearance of any false association or endorsement.  Any such link must direct the user to the Patient Portal in a full screen; display of the Patient Portal within a “frame” on another site is not permissible. This permission to link to the Patient Portal does not, in any way, imply ProHEALTH’s endorsement of the linked site.  ProHEALTH reserves the right to specifically revoke consent to link to the Patient Portal if ProHEALTH determines, in its sole discretion, that the site containing the link to the Patient Portal does not meet ProHEALTH’s standards.

LIABILITY OF PROHEALTH AND ITS AFFILIATES

ProHEALTH and its affiliates do not assume any liability for the materials, information and opinions provided on, or available through, the Patient Portal (the “Site Content”). Reliance on the Site Content is solely at your own risk.  ProHEALTH and its affiliates disclaim any liability for injury or damages resulting from the use of any Site Content.

THE PATIENT PORTAL, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS PATIENT PORTAL (THE “PATIENT PORTAL SERVICES”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. PROHEALTH, ITS AFFILIATES, ANY PERSON ASSOCIATED WITH PROHEALTH OR ANY OF ITS AFFILIATES (COLLECTIVELY, “PROHEALTH AFFILIATES”) DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE PATIENT PORTAL, THE SITE CONTENT OR THE PATIENT PORTAL SERVICES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER PROHEALTH, NOR  PROHEALTH AFFILIATES WARRANTS OR REPRESENTS THAT THE PATIENT PORTAL, THE SITE CONTENT OR THE PATIENT PORTAL SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE PATIENT PORTAL OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT IT WILL NOT BE SUBJECT TO UNAUTHORIZED ACCESS BY THIRD PARTIES; OR THAT THE PATIENT PORTAL, THE SITE CONTENT OR THE PATIENT PORTAL SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  PROHEALTH AND PROHEALTH AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

IN NO EVENT WILL PROHEALTH OR PROHEALTH AFFILIATES OR THEIR CONTRACTORS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PATIENT PORTAL, THE SITE CONTENT, THE PATIENT PORTAL SERVICES OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE PATIENT PORTAL, THE SITE CONTENT OR THE PATIENT PORTAL SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY PROHEALTH OR PROHEALTH AFFILIATES, AND WHETHER OR NOT PROHEALTH OR PROHEALTH AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify and hold harmless ProHEALTH and its officers, directors, employees, agents, affiliates, third party information providers, licensors and others involved in the Patient Portal or the delivery of products, services or information over the Patient Portal, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by you of these Terms of Use or your use of the Patient Portal or any products, services or information obtained from this Patient Portal.

PRIVACY; PROTECTION OF PERSONAL INFORMATION

ProHEALTH’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the mydoctor Privacy Policy, which is incorporated by reference into these Terms of Use.

COMPLIANCE

The owner of this Patient Portal is based in the State of New York, USA.  ProHEALTH makes no representation that materials in the Patient Portal are appropriate or available for use in other locations. If you access the Patient Portal from other locations, you are responsible for complying with local laws.

CONTACT

Please contact Gina Schroeter at 516-622-6056 if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.

MISCELLANEOUS

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and ProHEALTH with respect to the Patient Portal and the Patient Portal Services, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect, except as otherwise specified by ProHEALTH in writing with respect to any particular Patient Portal Service. Any cause of action you may have with respect to the Patient Portal or any Patient Portal Service shall be in the state or federal courts located in or near Nassau County, New York. You agree to submit to the jurisdiction of such courts.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

Any failure by ProHEALTH to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and ProHEALTH nor any trade practices shall be deemed to modify these Terms of Use.

Both you and ProHEALTH acknowledge and agree that no partnership is formed and neither you nor any ProHEALTH nor any ProHEALTH affiliate has the power or authority to obligate or bind the other. Treating providers using the Patient Portal may be independent contractors and are not necessarily employees or agents of ProHEALTH.


PRIVACY POLICY

ProHEALTH respects your personal privacy and is committed to adhering to federal and state privacy laws and industry guidelines in order to protect you and your identity. This privacy policy (“Privacy Policy”) describes how we handle the personal information that you provide to us on this Patient Portal.  This Privacy Policy applies only to the Patient Portal, not to any other sites that may be accessible from here.

You may also view ProHEALTH’s Notice of Privacy Practices at http://www.prohealthcare.com/Privacy.aspx.

Please be sure to read this Privacy Policy before using the Patient Portal or submitting information to us. By using the Patient Portal, you accept and agree to our privacy practices. Our Privacy Policy may change from time to time and your continued use of the Patient Portal means that you accept such changes, so please check this area periodically for updates to this Privacy Policy.

1.      INFORMATION PROHEALTH COLLECTS FROM YOU

Active Information Collection

Like many other web sites, we actively collect information from users of our Patient Portal both by asking specific questions through the chart update information submission, registration and other features of the Patient Portal and by permitting you to communicate directly with us via e-mail. Some of the information that you submit during any chart update information submission, registration or other online process, may be personally identifiable (that is, information that can be uniquely identified with you, such as your name, address, phone number, fax number, e-mail address, social security number, date of birth, etc.) and may include other sensitive information, such as your health information.

When you visit the Patient Portal, we will not collect any personally identifiable or other sensitive information from you unless you provide it to us voluntarily. If you choose to register, during the registration process you will be asked for certain information, most of which is required in order to complete the registration. We will inform you which information is optional.

ProHEALTH does not have control over the privacy policies applied by any other party to whom you may disclose information. Third party sites that are linked to from the Patient Portal are not under the control of ProHEALTH and we are not responsible for their content or privacy policies. If you would like information on any other party’s privacy policy, you should contact that party directly, and we encourage you to do so.

Passive Information Collection

As you navigate through a web site, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies and means, such as navigational data collection.  We track some of this anonymous information. We passively collect information to understand what areas of the Patient Portal are most popular, which areas may require improvement and what technologies are being used by our patients. This information helps us to update and improve the Patient Portal. We also use this information for security purposes, to detect and to block security breaches and to provide you with a safe online environment. ProHEALTH does not collect personally identifiable information automatically, but we may tie information collected automatically to your previously submitted personally identifiable information.

 

2.      HOW PROHEALTH USES YOUR INFORMATION

ProHEALTH uses your personal information to enhance the operation of the Patient Portal and allow you to use all of its features.  ProHEALTH undertakes to comply with all applicable health information privacy laws.

Your contact information and health information will be used for the purposes for which you supplied it to us (e.g., updating your chart or making an appointment), to send you related notices or materials and to respond to your comments or requests for information. If you direct comments to us or request information from us, we may ask you questions in an effort to tailor our response to your situation. We may also enhance or merge personally identifiable information with data obtained from third parties for the same purpose.

ProHEALTH will not sell your personally identifiable information to any outside organization for the organization’s own use without your consent.  ProHEALTH may disclose your personal information to the reputable vendors that assist us in processing information or delivering materials or services. These vendors are instructed not to use the information for any other purpose.

ProHEALTH does not otherwise distribute to third parties your personally identifiable information.  ProHEALTH, however, will have no liability for disclosure of information obtained due to errors in transmission or the unauthorized intervention of third parties.

ProHEALTH may provide aggregate statistics about our visitors, online traffic patterns and related information to reputable third parties, but these statistics will not include any personally identifying information. ProHEALTH also will disclose any information that it is required to disclose by law or by an appropriate government authority.

3.      CHOICES YOU HAVE ABOUT HOW PROHEALTH USES YOUR INFORMATION

You may contact ProHEALTH here if you do not want your information to be used in the manner described in this Privacy Policy or wish to correct any information that you have provided to us. If you request a correction of your information, we will use reasonable efforts to make those corrections in our files.

If you do not wish us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of this site may then be inaccessible or not function properly.

4.      HOW PROHEALTH PROTECTS YOUR INFORMATION

We have implemented both technical and procedural methods to maintain the integrity and security of all sensitive information under our control and protect it against loss, misuse and unauthorized alteration. We use secure servers, firewalls and encryption technology to protect electronic transmissions and help prevent unauthorized users from accessing ProHEALTH’s servers. In addition, our electronic files are backed up for redundancy and designed to be accessible only by authorized individuals. Secure message links are sent to patients’ email accounts with a hyperlink for the patient to log on to our secure server to access the secure messages.

This site contains links to other web sites operated by third parties that are provided as a courtesy to you. We cannot control these third party sites, which may collect personal information from you. When you follow a link and leave this site, you do so at your own risk.

5.      WHAT PROHEALTH DOES ABOUT CHILDREN VISITING THE PATIENT PORTAL

The Patient Portal is not intended for children under the age of 13. We will not knowingly collect information from site visitors in this age group. We encourage parents to talk to their children about their use of the Internet and the information they disclose online. If a child has provided us with personally identifiable information, a parent or guardian of that child may contact us via e-mail here if they would like this information deleted from our records. We will use reasonable efforts to delete the child’s information from our databases.

6.      HOW YOU CAN CONTACT PROHEALTH

 If you have any questions, comments, or concerns about this Privacy Policy or the information practices of the Patient Portal, please contact ProHEALTH here.

 

 

In the event of an emergency or life threatening event, call 911 or proceed to your nearest emergency room.