Samples:  Privacy Statement and Terms of Use

If you use the Personal Health Record functionality, you will need to link to or provide the text for a privacy statement and terms of use. Healthland provides the following samples for your reference. Healthland recommends you work with your legal advisor on statements for your organization. The following statements are samples of a Privacy Statement and Terms of Use:

Privacy Statement

This information is confidential and is for the use of the intended recipient only. Any improper use of this information is strictly prohibited. If you have obtained access to this information in error, please notify <ADD COMPANY OR FACILITY NAME HERE> immediately.

Terms of Use

Centriq® PHR (the "Service") is an online Personal Health Record tool from Healthland, Inc. ("Healthland") and Microsoft Corporation ("Microsoft") and is hosted by Microsoft and powered by Microsoft® HealthVault™. Your use of the Service is governed by the terms and conditions of this Agreement. Please read this Agreement carefully before accessing or using the Service. Throughout this Agreement, Healthland and Microsoft are referred to as "we" or "us."

Use of the Service requires that you also have a Microsoft HealthVault account. You can review the HealthVault account terms and conditions here.

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 of Use for this site, you may not use the Service. You may not use the Service unless you are at least 18 years of age or older.

We may modify this Agreement at any time. Any modifications made to this Agreement will be effective immediately upon posting. By accessing or using the Service, you agree to be bound by all of the terms and conditions of the Agreement as posted on the Service at the time of your access or use. You agree to review the Agreement posted on the Service each time you use the Service so that you are aware of any modifications made to this Agreement.

Not Medical Advice

ALL OF THE INFORMATION PROVIDED BY THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY. THE HEALTH INFORMATION IS AUTOMATICALLY GENERATED BY THE SERVICE, BASED ON CERTAIN INFORMATION THAT IS ENTERED INTO THE SERVICE AND IS NOT GENERATED OR REVIEWED BY A PHYSICIAN, NURSE OR OTHER HEALTH CARE PROVIDER. THE SERVICE AND EVERYTHING CONTAINED WITHIN OR PROVIDED BY THE SERVICE SHOULD NOT BE CONSIDERED, AND MAY NOT BE USED AS, A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.

Disclaimers

THE INFORMATION AND GUIDANCE CONTAINED IN OR PROVIDED THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND YOUR USE OF THE SERVICE IS VOLUNTARY AND ENTIRELY AT YOUR OWN RISK. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

We do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise that is not clearly identified as information, products, services or merchandise supplied by us. We also do not warrant or guarantee that files available for downloading through the Service will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties. We, and our suppliers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this site are responsible for maintaining a means external to the Service for the reconstruction of any lost data. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site, or any part thereof, with or without notice.

Limitation of liability

NEITHER WE, OUR SUPPLIERS, NOR ANY OF OUR AFFILIATES, SUBSIDIARIES OR PARENT COMPANIES, NOR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS WILL BE LIABLE FOR ANY DAMAGES INCLUDING (BUT NOT LIMITED TO) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF WAGES, REVENUE OR BUSINESS BECAUSE OF YOUR USE OF THE SERVICE OR ANY INFORMATION, GUIDANCE OR SERVICES RELATED TO OR PROVIDED BY THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE WILL BE TO STOP USING THE SERVICE.

Indemnification

You will indemnify us, our third party partners and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to use of the Service, or any breach or violation of this Agreement or any other term or condition contained on the Service.

Your responsibilities and representations

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to agree to these Terms and Conditions of Use and to use this site. You agree that this Agreement is entered into between you and us in the State of Minnesota, United States of America, and is performed within the State of Minnesota and governed by and shall be construed in all respects under the laws of the State of Minnesota, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Service, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the Minnesota State District Court sitting in Hennepin County, Minnesota, or if such court does not have subject matter jurisdiction, then you and we each Irrevocably agree to submit to the exclusive personal jurisdiction of the United States Court for the District of Minnesota, and whichever of those two courts has jurisdiction, you and we each waive any jurisdictional, venue or inconvenient forum objections to such court. If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between you and us relating to the access and use of the site and any of its services. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Service inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement. You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. You will not use this site for any purpose in violation of local, state, national or international laws. You will not use this site as a means to distribute advertising or other unsolicited material to any third party. You will not post material 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 comply with all user responsibilities and obligations as stated in these Terms of Service.

Termination of services

If you violate these Terms and Conditions of Use, we may, in our sole discretion, terminate your access to 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. Further, we shall not be liable to you or any third party for any such termination or discontinuance.

General

You agree that these Terms and Conditions of Use and all incorporated agreements between us and you may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation. Our failure to act with respect to a breach by you or others of these Terms and Conditions of Use does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set forth the entire understanding and agreement between us and any site user with respect to the site, its uses and services. If you have any questions about the Service, you may e-mail us from Customer Support after clicking the "Help" link on any page. Based on the nature of your concern, it will be directed to the appropriate Customer Service department at Healthland or Microsoft by transfers to the appropriate party's support site and may be shared with each other.

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Samples:  Privacy Statement and Terms of Use

If you use the Personal Health Record functionality, you will need to link to or provide the text for a privacy statement and terms of use. Healthland provides the following samples for your reference. Healthland recommends you work with your legal advisor on statements for your organization. The following statements are samples of a Privacy Statement and Terms of Use:

Privacy Statement

This information is confidential and is for the use of the intended recipient only. Any improper use of this information is strictly prohibited. If you have obtained access to this information in error, please notify <ADD COMPANY OR FACILITY NAME HERE> immediately.

Terms of Use

Centriq® PHR (the "Service") is an online Personal Health Record tool from Healthland, Inc. ("Healthland") and Microsoft Corporation ("Microsoft") and is hosted by Microsoft and powered by Microsoft® HealthVault™. Your use of the Service is governed by the terms and conditions of this Agreement. Please read this Agreement carefully before accessing or using the Service. Throughout this Agreement, Healthland and Microsoft are referred to as "we" or "us."

Use of the Service requires that you also have a Microsoft HealthVault account. You can review the HealthVault account terms and conditions here.

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 of Use for this site, you may not use the Service. You may not use the Service unless you are at least 18 years of age or older.

We may modify this Agreement at any time. Any modifications made to this Agreement will be effective immediately upon posting. By accessing or using the Service, you agree to be bound by all of the terms and conditions of the Agreement as posted on the Service at the time of your access or use. You agree to review the Agreement posted on the Service each time you use the Service so that you are aware of any modifications made to this Agreement.

Not Medical Advice

ALL OF THE INFORMATION PROVIDED BY THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY. THE HEALTH INFORMATION IS AUTOMATICALLY GENERATED BY THE SERVICE, BASED ON CERTAIN INFORMATION THAT IS ENTERED INTO THE SERVICE AND IS NOT GENERATED OR REVIEWED BY A PHYSICIAN, NURSE OR OTHER HEALTH CARE PROVIDER. THE SERVICE AND EVERYTHING CONTAINED WITHIN OR PROVIDED BY THE SERVICE SHOULD NOT BE CONSIDERED, AND MAY NOT BE USED AS, A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.

Disclaimers

THE INFORMATION AND GUIDANCE CONTAINED IN OR PROVIDED THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND YOUR USE OF THE SERVICE IS VOLUNTARY AND ENTIRELY AT YOUR OWN RISK. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

We do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise that is not clearly identified as information, products, services or merchandise supplied by us. We also do not warrant or guarantee that files available for downloading through the Service will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties. We, and our suppliers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this site are responsible for maintaining a means external to the Service for the reconstruction of any lost data. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site, or any part thereof, with or without notice.

Limitation of liability

NEITHER WE, OUR SUPPLIERS, NOR ANY OF OUR AFFILIATES, SUBSIDIARIES OR PARENT COMPANIES, NOR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS WILL BE LIABLE FOR ANY DAMAGES INCLUDING (BUT NOT LIMITED TO) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF WAGES, REVENUE OR BUSINESS BECAUSE OF YOUR USE OF THE SERVICE OR ANY INFORMATION, GUIDANCE OR SERVICES RELATED TO OR PROVIDED BY THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE WILL BE TO STOP USING THE SERVICE.

Indemnification

You will indemnify us, our third party partners and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to use of the Service, or any breach or violation of this Agreement or any other term or condition contained on the Service.

Your responsibilities and representations

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to agree to these Terms and Conditions of Use and to use this site. You agree that this Agreement is entered into between you and us in the State of Minnesota, United States of America, and is performed within the State of Minnesota and governed by and shall be construed in all respects under the laws of the State of Minnesota, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Service, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the Minnesota State District Court sitting in Hennepin County, Minnesota, or if such court does not have subject matter jurisdiction, then you and we each Irrevocably agree to submit to the exclusive personal jurisdiction of the United States Court for the District of Minnesota, and whichever of those two courts has jurisdiction, you and we each waive any jurisdictional, venue or inconvenient forum objections to such court. If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between you and us relating to the access and use of the site and any of its services. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Service inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement. You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. You will not use this site for any purpose in violation of local, state, national or international laws. You will not use this site as a means to distribute advertising or other unsolicited material to any third party. You will not post material 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 comply with all user responsibilities and obligations as stated in these Terms of Service.

Termination of services

If you violate these Terms and Conditions of Use, we may, in our sole discretion, terminate your access to 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. Further, we shall not be liable to you or any third party for any such termination or discontinuance.

General

You agree that these Terms and Conditions of Use and all incorporated agreements between us and you may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation. Our failure to act with respect to a breach by you or others of these Terms and Conditions of Use does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set forth the entire understanding and agreement between us and any site user with respect to the site, its uses and services. If you have any questions about the Service, you may e-mail us from Customer Support after clicking the "Help" link on any page. Based on the nature of your concern, it will be directed to the appropriate Customer Service department at Healthland or Microsoft by transfers to the appropriate party's support site and may be shared with each other.

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