MyHealthRecord provides a view into your Electronic Medical Record (“EMR”) and gives you a secure way to communicate with your care team. However, the information available for you to view through MyHealthRecord is not a comprehensive view of all the data in your EMR.
Creating and Accessing MyHealthRecord
You must be at least age 18 or an emancipated minor to establish a connection to MyHealthRecord. You may not permit any other person to access MyHealthRecord using your user name and password, and the use of your account is your responsibility. If you learn or suspect that your user name or password has been wrongfully used or disclosed, you should promptly notify us and immediately reset your password. To help ensure the security of your password or account, please sign out of your account at the end of each session.
Maintaining Another Person’s Connection
If you are legally authorized to view another person’s health information, you may be given access to MyHealthRecord for that person, subject to these Terms. Various federal and state regulations may prohibit sharing certain categories of sensitive information with anyone other than the patient. As such, we may restrict your access to the other person’s sensitive information and not make it available to you through MyHealthRecord.
Proxy Use of MyHealthRecord
You may also authorize a proxy(ies) to view and interact with MyHealthRecord based on the specific privileges you’ve assigned. You may authorize any person who qualifies for a MyHealthRecord connection, including a minor, to be a proxy. If you have agreed to allow a minor to be a proxy, you agree that you shall be solely responsible for: (a) acceptance of these Terms on the minor’s behalf; (b) the minor’s compliance with these Terms; (c) the on-line conduct of such minor; (d) monitoring such minor’s access to and use of MyHealthRecord; and (e) the consequences of such minor’s use. Access or privileges you give to someone can be modified or removed by you at any time and for any reason.
If you share information from MyHealthRecord with another individual, you acknowledge and accept responsibility for providing them with access to and/or review of potentially sensitive information.
Disclosure of Information
We may, in our sole discretion, disclose any information about you to respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims. Additionally, we may share information about you when we believe it is necessary to investigate, prevent or take legal action, regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of these Terms, or as otherwise required or permitted by law.
Third Party Programs, Activities and Services
We do not endorse any programs, activities, or services offered by third parties. We make no warranty of any kind as to the accuracy, completeness or appropriateness of any such programs, activities or services.
In order to provide you with greater value, MyHealthRecord may provide you with links to various third party websites. Even if a third-party affiliation exists between us and that destination site, we exercise no authority over linked sites, each of which maintains independent privacy and data collection policies and procedures. We assume no responsibility or liability for these independent methods or actions and are not responsible for the independent policies or procedures of destination sites. Similarly, we cannot take responsibility for the privacy initiatives or the content of such websites. These destination links are provided only for your convenience, and, as such, you access them at your own risk.
No Warranties; Limitation of Liability
You are responsible for any acts or omissions relating to your use of MyHealthRecord and for any damages incurred as a result thereof. MYHEALTHRECORD IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DO NOT, (I) WARRANT THE RELIABILITY OR AVAILABILITY OF MYHEALTHRECORD, OR (II) GUARANTEE THAT MYHEALTHRECORD WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS AND IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL RESPONSIBILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND LOST PROFITS, REVENUES OR DATA, EVEN IF WE REASONABLY COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH MYHEALTHRECORD, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MYHEALTHRECORD.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD MEMORIAL, OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OTHER REPRESENTATIVES, SUCCESSORS AND ASSIGNS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, ALLEGATIONS (THREATENED OR PENDING), DAMAGES, LOSSES, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR BREACH OF THIS AGREEMENT; AND/OR (B) YOUR ACTIVITIES IN CONNECTION WITH THIS SITE. SHOULD WE DEEM, IN OUR SOLE DISCRETION, YOUR COOPERATION TO BE USEFUL WITH RESPECT TO ANY CLAIM BROUGHT AGAINST US BY A THIRD PARTY, YOU AGREE TO USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM.
MyHealthRecordservices may terminate at any time. Your account access may be terminated, suspended or deleted, at any time and for any reason, without providing notice to you.
No Unlawful or Prohibited Use
You may not use MyHealthRecord for any purpose that is unlawful, immoral or is otherwise prohibited by these Terms. You may not use MyHealthRecord in any manner which could damage, disable, overburden, or impair MyHealthRecord or interfere with any other party’s use and enjoyment of MyHealthRecord. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided to you through MyHealthRecord.
We may deliver notice to you by means of electronic mail, a general notice on our website, or by written communication delivered by first class U.S. mail to your address in our records. You may give notice to us at any time by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
Memorial Hospital at Gulfport
Attention: Customer Relations
4500 Thirteenth Street
Gulfport, MS 39501
The validity, construction and interpretation of this Agreement shall be governed by the laws of the State of Mississippi (without regard to conflict of laws principle). You consent exclusively to the jurisdiction and venue of the courts of the First Judicial District of Harrison County, Mississippi, and of any federal court located in the Southern District of Mississippi, Southern Division, and agree that venue in each of such courts is proper in connection with any action or proceeding arising out of or relating to this Agreement. Any cause of action or claim you may have with respect to MyHealthRecord must be commenced within one (1) year after the claim or cause of action arises. Our failure to enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. We may assign our rights and duties to any party at any time without notice to you, and may provide services to you through our business partners and suppliers.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these terms is in derogation of our obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of MyHealthRecord or information provided to or gathered by us with respect to such use. If any part of these Terms is determined to be invalid or unenforceable then the invalid or unenforceable provision shall be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. Unless specified otherwise as you use MyHealthRecord, these Terms constitute our entire agreement with respect to MyHealthRecord, and these Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between us with respect to MyHealthRecord.
These Terms may be revised from time to time in our sole discretion as we add new features and services, as laws change, and as industry privacy and security practices evolve. However, we will take reasonable steps to notify you of material changes we make to these Terms. We display an Effective Date on the Terms above, so that it will be easier for you to know when there has been a change. You are responsible for regularly reviewing these Terms. Your continued use of MyHealthRecord constitutes your acceptance of the revised terms. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice.
Copyright and Trademark Notices
All contents of the MyHealthRecord website are: Copyright 2013, Cerner Corporation, 2800 Rockcreek Parkway, North Kansas City, Missouri 64117, U.S.A. All rights reserved. Material found on the MyHealthRecord website contains the valuable properties of Cerner Corporation embodying substantial creative efforts, no part of which may be reproduced or transmitted in any form or by any means, or retained in any storage or retrieval system, without the express written permission of Cerner. Any rights not expressly granted herein are reserved.