MYCHART TERMS AND CONDITIONS OF USE

Cape Fear Valley Health System’s myChart at Cape Fear Valley is an online information and communications service (“Service”) provided by Cape Fear Valley Health System and its affiliates. Use of the Service is governed by these terms and conditions (“Terms and Conditions” or “Agreement”). Please read this Agreement carefully before accessing or using the Service. Throughout this Agreement, Cape Fear Valley Health System and its affiliates are referred to as “we” or “us”. Throughout this Agreement, users of the Service will be referred to as “you” or “Users”.

GENERAL TERMS AND CONDITIONS

Your access and use of the Service binds you to this Agreement. If you do not agree to the Terms and Conditions for this Service, you may not use this Service.

We may modify this Agreement at any time. Any modifications made to this Agreement will be effective immediately upon posting on the Service. By accessing or using the Service, you agree to be bound by the Terms and Conditions posted on the Service at the time of your access or use. You agree to review the Terms and Conditions upon registering in the Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Service, or any part thereof, with or without notice.

Our failure to act with respect to a breach by you or others of these Terms and Conditions does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us and any Service User with respect to the Service, its uses and services.

MEDICAL DISCLAIMER AND E-VISIT

An e-visit is an online exchange of medical information between a patient and his/her health care provider whereby the health care provider gives the patient medical advice via a secure online communication. E-visits can be used only for non-urgent symptoms instead of the patient calling a Cape Fear Valley Health System clinic, or scheduling an appointment.

E-visits are not covered by all health insurance policies and plans. If your health insurance policy or plan does not provide coverage for e-visits, you will be responsible for self-paying for the e-visit.

When initiating an e-visit, the patient must accept these Terms and Conditions, verify his/her information, and then complete the online form about his/her symptoms. The online information provided by the patient will give the health care provider the information to treat the patient.

Electronic communication cannot substitute for a medical evaluation in which a health care provider takes a history from a patient, conducts a physical examination and orders and interprets the appropriate diagnostic tests. Accordingly, health care providers will offer treatment for an e-visit only for non-urgent symptoms. At any time during an e-visit, the health care provider may terminate the e-visit and advise the patient to seek treatment from a health care provider in an in-person visit or, if it appears to the health care provider that the symptoms described are emergent, to seek care at the closest emergency room.

If you have an immediate health care need, call you health care provider’s office. If this is an emergency, call 911 or go to the nearest urgent care or emergency room.

USER'S AGREEMENT

You confirm that you are aged 18 or older (“Adult”), or that you are a minor aged 13 or older that is either emancipated or otherwise legally authorized to consent for your own health care (“Emancipated Minor”). If you are an Adult or an Emancipated Minor, and accepting these Terms and Conditions in order for someone aged under 13 (“Unemancipated Minor”) to use the Service, you confirm that you have the authority to do so and you accept these Terms and Conditions for and on behalf of yourself and the Unemancipated Minor. You also confirm that you accept these Terms and Conditions for and on behalf of all Users of the Service.

You may elect to register with a personal account on the Service. You agree to maintain the security of all user identification, password and other confidential information relating to the use of your Service account.

You agree to not use the Service for any purpose in violation of local, state, national or international laws.

You agree not to use the Service for urgent or emergency matters that could affect your health. You agree to contact your health care provider directly and not use the Service as a substitute for direct care.

You agree to not post material to the Service that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.

You agree to not impersonate another person or create any false account information or health record for yourself or others on the Service.

You agree to comply with all User responsibilities and obligations as stated in these Terms and Conditions.

You represent and warrant that you possess the legal right and ability to agree to these Terms and Conditions and to use the Service in accordance with these Terms and Conditions.

COLECTION OF PERSONAL INFORMATION

We collect personal information that you choose to share with us in the registration and other sections of the Service. This information may include your e-mail address, your health interests, and answers to your questions about your health status. We use this information to tailor our services to the data you entered. Information from registration is saved to our database. This enables you to use the personalized features of the Service on a recurring basis. This information is collected only with your permission and may be updated or deleted by you at any time. If you choose not to provide the information required for registration, you may not register a personal account with the Service and you will not be able to use the Service.

TERMINATION OF SERVICES

If you violate these Terms and Conditions, we may terminate your use of the Service with or without notification. We may notify you that you have breached the Agreement and your account is being terminated. We may, in our sole discretion, terminate your access to this Service, or any portion thereof, or discontinue providing the Service, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law or in equity. We shall not be liable to you or any third party for any such termination or discontinuance.

USER OF CONTENT; OWNERSHIP

As a condition of your use of this Service, you warrant to us that you will not use the Service for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Service automatically terminates.

SITE LINKS

This Service may contain links to other websites, and other websites may provide links to this Service. These links are provided for your convenience only. We may or may not have control over these websites, and cannot assume any liability for them, including any content or services provided to you by such websites. You should not consider any link to or from another website as an endorsement of that website by us or any of our affiliates.

PROXY ACCESS

You may elect to permit access to your MyChart records by a proxy. A proxy is someone you designate, or who becomes your surrogate by operation of law should you lose decision-making capacity.

Parents may have proxy access to their child’s MyChart records. If your child is aged 0-12, parents may be granted full access to their child’s MyChart records. If your child is aged 13-17, parents may be granted partial access to their child’s MyChart records. Parental access to a child’s My Chart records automatically terminates once a child reaches age 18.

Proxy access is requested by completion of the applicable proxy access form.

WARRANTIES

We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this Service are responsible for maintaining a means external to this Service for their construction of any lost data.

LIMITATION OF LIABILITY; RELEASE; AND INDEMNITY

We are not liable to any User or anyone else for any decision made or action taken based in reliance upon the information contained on or provided through the Service. You, for yourself, your heirs, executors, administrators, legal representatives, assignees and successors in interest (collectively, “Successors”) agree that neither we, nor our officers, directors, employees, agents, affiliates, parent or subsidiary corporations, or content providers, shall have any liability to you under any theory of liability or indemnity in connection with your use of the Service The sole and exclusive remedy for dissatisfaction with the Service will be to stop using the Service.

You, for yourself and your Successors, hereby release and forever waive any and all claims you have against us, and our officers, directors, employees, agents, affiliates, parent or subsidiary corporations, or content providers, and our and their successors and assigns, including, but not limited to claims based upon negligence, for losses or damages you sustain in connection with your use of the Service.

You, for yourself and your Successors, agree to indemnify us, and our officers, directors, employees, agents, affiliates, parent or subsidiary corporations, and content providers, and our and their successors and assigns, against any damages, losses, liabilities, judgments, costs or expenses, including reasonable attorneys’ fees and costs, arising our of a claim by a third party relating to use of the Service, or any breach or violation of this Agreement.

The provisions herein are for the benefit of us and our officers, directors, employees, agents, affiliates, parent or subsidiary corporations, and content providers, and our and their successors and assigns. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

CHOICE OF LAW AND VENUE

These Terms and Conditions are entered into the State of North Carolina and shall be governed by and construed in accordance with the laws of the State of North Carolina, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the appropriate state and federal courts in North Carolina, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the Terms and Conditions 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 and Conditions shall otherwise remain in full force and effect.

PRIVACY POLICY

The following web link goes to the Privacy Policy page on the website and provides information about the privacy policies of Cape Fear Valley Health System and its affiliates and is applicable to this Service: http://www.capefearvalley.com/patients/forms/NPPEnglish.pdf.