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TERMS AND CONDITIONS OF USE

MyLifespan Terms and Conditions of Use/ User Agreement

We are pleased to offer our patients on-line computer access to portions of their medical record through a secure web portal which we identify as MyLifespan. MyLifespan provides a convenient means of reviewing information from your medical record, communicating with us and arranging for clinical services and appointments. If you believe you would benefit from this service, you may request access to MyLifespan by signing up with your provider and agreeing to these terms and conditions of this agreement.

We are committed to protecting the privacy of your medical information. Our employees follow strict standards to maintain your privacy. Notwithstanding our commitment, the electronic and accessible nature of medical record information maintained on the MyLifespan web portal presents unique security and privacy issues as addressed below. Therefore, certain necessary measures for protecting the security and privacy of such information remain your responsibility as detailed below. Please also review our privacy practices and the Lifespan Joint Privacy Notice or provider privacy notice if you want more information: Lifespan Summary of Joint Privacy Practices.

I. Use of MyLifespan

A. Do Not Use MyLifespan for Urgent Health Care Matters. MyLifespan should never be used for urgent or emergency health care matters. It will usually take your doctor two to three business days to respond to messages you send via MyLifespan. If you believe you are experiencing an urgent or life-threatening health condition, you should phone your doctor, go directly to an emergency room or call 911.

B. Appropriateness. Sometimes it might be best for you to have a talk with your doctor rather than sending a message through MyLifespan. This is especially true if you have a difficult topic, want to talk about your feelings, or if you want to discuss something very private. In these cases, you should think carefully about whether you want to use MyLifespan or whether it would be better to meet with or call your doctor.

C. Responding provider. If your doctor is out of the office or unavailable to respond to your secure email message in a timely way, your message may be sent to another health care team member who may be able to help you.

D. Access to Medical Records Available Through MyLifespan. The information from your medical record available through MyLifespan may not constitute your entire medical record. The scope of medical record information accessible through MyLifespan is determined at the discretion of your provider. At this time, the MyLifespan web portal will offer the following services: Ability to review or cancel appointments; Ability to view selected parts of your medical record such as allergies, immunizations, medications, certain parts of your medical history, and recent visit information; Communicate with your providers about health concerns by secure messaging; Request prescription renewals; and Other services may be added as we expand the MyLifespan service. To the extent permitted by law, you will continue to have access to your complete medical record by contacting us and/or the office of your providers directly.

E. Messages and Communications. MyLifespan enables you to send requests, questions and other communications, regarding your medical record information electronically to your providers. We may also send you messages through MyLifespan. It is your responsibility to check these messages and respond if necessary. It also is possible your providers may decide not to communicate such information by other means if communicated through MyLifespan. You agree that you will not hold us liable for loss, injury or claims resulting from your failure to read messages in a timely manner. You must provide us with a valid email address and update us if you change your email account. We will send emails to your personal email address to notify you that you have new MyLifespan messages. Messages sent to your personal email will not contain personal health information. Nonetheless, any person with access to your email will be able to see this notification. This could include your spouse, employer or anyone else who can access your email account. Although no private medical information will be sent by email, you may not want others to know that you have received new medical information. Thus, you should take this into account when you give us your e-mail address.

F. MyLifespan is for Your Use Only. MyLifespan can only be used to ask or find out about your own health. Asking for advice for a friend or family member is not allowed. Since these messages may become a part of your permanent medical record, it is important that no one else’s health information be reflected in your messages.

G. Surveys. From time to time, we may ask you to complete patient satisfaction surveys via MyLifespan. We may use this information for studies and reports, as allowed by law. In such cases, all of your personal identifying information will be removed.

H. Improper Use of MyLifespan. Using inappropriate or abusive language, making appointments that are not needed or are frequently cancelled, and other inappropriate actions may, in the sole discretion of your provider or us, result in the termination of your access to and participation in MyLifespan.

II. Security.

A. Personal Identification Code and Password. You will get a unique access code to allow you to join MyLifespan. The first time you log into MyLifespan, you will need to create a unique User ID and password, both of which must be at least six characters long. You agree to keep your user ID and password private. Anyone who uses your ID and password will be able to see your personal health information and exchange messages with your doctors as if they were you. It is your responsibility to change your password if you believe it has been taken by or shared with someone else. It is recommended that you change your password every 180 days or sooner, depending upon your heightened security concerns. We take no responsibility for and disclaim any and all liability for damages arising from a breach of medical record confidentiality resulting from you sharing or losing your password.

B. Security Features. We limit our employees’ access and ability to enter or view information based upon their role in your care. Firewalls, passwords, encryption, and audit trails are further used to safeguard your information. We will identify the records released and note the time and date of access each time you access MyLifespan. We have taken steps to make all information received from our online visitors as secure as possible. However, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. Information will be transmitted over a medium that is beyond our control. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SERVICE. Once the information is received by us, your medical information will be treated as confidential and given the same protection that all other medical records are given.

III. Availability, Proxy Access and Restrictions. MyLifespan may not always be available to you due to system maintenance, back-ups or hardware failures. Access is provided on an “as is available” basis and you are not guaranteed access at any particular time. You must be age 18 or older to be eligible for a personal MyLifespan account, subject to certain exceptions described below. If you are a parent or a legal guardian of a minor, you may request the activation of a MyLifespan account on behalf of your child by submitting the appropriate paperwork. Only you will have access to the account (not your child) and your access to the account will be granted subject to the following restrictions: • If your child is age 0-12: You will be granted full access to your child’s MyLifespan record. • If your child is age 13-17: Your access to your child’s account will be limited to billing, scheduling, allergy information and non-sensitive lab results. These restrictions applicable to your child’s MyLifespan account do not affect any legal right you might have to access your child’s record by other means. Alternatively, if you are the parent/guardian of a teenager aged 13-17, you have the option of permitting such teenager to open a personal MyLifespan account to which he or she would have the right to private access. If you permit such private access, your teenager can then make a decision about whether to grant you proxy access to the account, with the caveat that Lifespan would restrict access to the following categories of information: HIV/AIDS, communicable diseases, abortion, substance abuse, transgender services, family planning, or other information related to reproductive care. If your teenager declines to give you proxy access, you would still have the limited access described in the bullet point above. Again, these restrictions applicable to your child’s MyLifespan account do not affect any legal right you might have to access your child’s record by other means. If you wish to provide your teenager with private access, you must complete a Teenager Sign-Up Agreement in person at your teenager’s doctor’s office. Once your child reaches age 18, he or she is considered an adult, and you will no longer have access to his or her MyLifespan record. If your child wishes you to continue to have access, he or she can grant you proxy access through the process available to adults. If you are a legal guardian of a child or an authorized decision-maker of a decisionally impaired adult, you must submit appropriate documentation to authorize proxy access to the records of such child or adult. All types of proxy access will be accessed through your MyLifespan account. Sign-up applications for your or proxy access may be found at [embed website hyperlink]. Proxy access will terminate upon violation of this User Agreement, when patient reaches the age of eighteen, or if we receive notice or become aware of the authority of a legally appointed or court-appointed guardian or personal representative that supersedes the authority of the proxy.

IV. Terminating MyLifespan Access. You are not required to utilize MyLifespan and may discontinue usage at any time. You acknowledge that MyLifespan is being provided to you without charge. You can terminate your access to MyLifespan at any time by contacting us or your doctor’s office. Also, we reserve the right to deactivate your access to MyLifespan at any time if you use it inappropriately or as we deem necessary.

V. No Warranties. This website and its content are provided on an "As Is" basis. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR INFRINGEMENT. Under no circumstances shall we be liable for incidental, special, indirect, direct or consequential damages or loss of profits, interruption of business, or related expenses which may arise from your use of or inability to use MyLifespan and other services provided hereunder, including, but not limited to, those resulting from defects in software, communication lines, virtual private networks, the Internet, or your Internet service provider, access system computer hardware or software or other service or device that is used to access MyLifespan and/or documentation, or loss or inaccuracy of data of any kind, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. IN ADDITION, WE DO NOT GUARANTEE THAT USE OF MyLifespan WILL BE FREE FROM UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, INTENTIONAL OR INADVERTENT INTRUSIONS, VIRUSES OR WORMS OR OTHER MECHANISMS THAT MAY ATTACK YOUR COMPUTER. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR COMPUTER HAS ADEQUATE PROTECTIONS AGAINST ANY OF THE FOREGOING. IN ADDITION, YOU ACKNOWLEDGE THAT YOUR INFORMATION WILL BE TRANSMITTED OVER THE INTERNET AND THAT THERE IS NO GUARANTEE OF ACCURACY OR SECURITY.

VI. Limitation of Liability. YOU ACKNOWLEDGE THAT MyLifespan SHALL NOT BE USED TO MAKE HEALTHCARE DECISIONS OR DIAGNOSIS AND WE SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, ARISING FROM YOUR USE OR MISUSE OF MyLifespan OR ANY INFORMATION OR CONTENT THEREIN. Some of the material on the website is provided by third parties and we shall not be held responsible for any such third-party material. We disclaim any responsibility for or liability related to such third-party material. Any questions, complaints or claims related to any product should be directed to the appropriate third party. Remedies under these Terms and Conditions are sole and exclusive and are limited to those expressly provided for in this Agreement.

VII. Links to Third Party Sites. This website contains links to websites operated by other parties. The links are provided for your convenience only. We do not control such websites and we are not responsible for the content and performance of these sites. The inclusion of links to other websites does not imply any endorsement of the material on the websites or any association with their operators. We do 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 websites.

VII. Governing Law. This Agreement will be governed by Rhode Island law without giving effect to any choice of law rules or principles. You agree that Providence County, Rhode Island shall be the sole and exclusive venue for any legal action or proceeding between us and you for any purpose concerning these Terms and Conditions. Any cause of action or claim you may have with respect to us must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to these Terms and Conditions waives its, his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to MyLifespan.