UP offers the EMR and Site to patients as a courtesy, and UP, in its sole discretion, may terminate your registration or access to the EMR or Site for any reason without any prior notice. Further, you agree that UP shall not be liable to you or any third-party for any termination of your registration or access to the EMR or Site.
UP reserves the right to modify and update these Terms and Conditions of Use at any time by posting amended Terms and Conditions of Use on the Site and/or in the EMR. You acknowledge your responsibility to review these Terms and Conditions of Use from time to time and to be aware of any such changes. Your use of the EMR and Site after such posting constitutes acceptance by you of the revised Terms and Conditions of Use.
You may not request or open an EMR account for any person other than yourself. By accepting these Terms and Conditions of Use, you represent and warrant that you are authorized to open this EMR account and that you do so solely on your own behalf (you may not allow any other person or entity to use your account for posting or viewing comments). You must provide us with your e-mail address in order to activate your EMR account. You are responsible for updating your e-mail address and any and all personal information, including without limitation, relevant health information, related to your EMR account in a timely and accurate manner.
DO NOT SHARE YOUR REGISTRATION OR SIGN-IN INFORMATION WITH ANYONE.
DO NOT SEND URGENT OR EMERGENCY MESSAGES USING THE EMR. IN CASE OF AN EMERGENCY YOU SHOULD CALL 911. IF THE SITUATION IS NOT AN EMERGENCY BUT YOU NEED A PROMPT RESPONSE PLEASE CALL UP DIRECTLY AT 866-525-5650.
Cancellation of EMR Registration
Either you or UP may discontinue your use of the EMR at any time and for any reason. If you wish to discontinue your use of the EMR, please contact UP directly at 866-525-5650.
The EMR requires that you have access to an internet browser with sufficient encryption standards that is configured to accept cookies. You must have internet access, a valid e-mail account with the ability to receive and read e-mail messages. You may also require additional software to access certain services or information.
Access to EMR and Site
You will not be able to access the EMR without registering your information with UP. However, you will be able to access our Site without having to register any details with us.
Use of Protected Health information
UP allows you to transfer your personal health information from your interactions with your health care providers through the EMR. Once you have transferred this information to your personal account, the use and disclosure of your personal and medical information from the EMR to third parties is governed by state and federal regulations.
Posting of information to your EMR account is done at the sole discretion of UP, including the posting of any messages sent or received via EMR to your electronic medical record. You agree not to upload or transmit any communications or content of any kind that infringes or violates any rights of any party. You agree not to post materials that are unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person entity, as determined in UP’s sole discretion. You agree to adhere to the restrictions set forth in the “User Conduct” section below.
Use of EMR, Site and Content
Our EMR, Site, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other materials provided and the collection and compilation and assembly thereof are the exclusive property of UP, and are protected by U.S. and international copyright laws.
You may not: (a) reproduce, modify, transmit, republish, resell, sublicense, rent, lease or otherwise publicly distribute any UP information or content contained on our Site or in the EMR, without UP’s prior written consent, which consent may be given or withheld in UP’s sole discretion; (b) use your access to the EMR or UP’s information, services, database or system to export or re-export technical data in violation of U.S. export control laws and regulations; or (c) use the EMR, Site or any UP information or content in violation of any federal or state law, including data privacy laws and communication regulations and tariffs. You may not copy or adapt the HTML or other code that UP, EMR or Site uses to generate its pages.
Any other trademarks or service marks appearing in the EMR, or on the Site, are the property of their respective owners. To the extent any product name or logo does not appear with a trademark does not constitute a waiver of any kind and all intellectual property rights of that company, or its businesses, has established in any of its products, website, applications, features or service names or logos.
EMR and Site Uptime
We take all reasonable steps to ensure that our EMR and Site are available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we are not liable if the EMR or Site are unavailable at any time.
Our EMR and/or Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obligated to do so.
You are prohibited from violating or attempting to violate the security of the EMR or the Site, and from using them to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the EMR, Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any UP or EMR packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. UP may investigate violations of these Terms and Conditions of Use and may involve and cooperate with law enforcement authorities in prosecuting users of the EMR and/or Site who are involved in such violations.
You are responsible for taking steps to protect yourself from unauthorized use of online communications, including without limitation, keeping your password confidential. UP is not responsible for breaches of confidentiality or security caused by you or an independent third party. You expressly assume the 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 your use of the EMR, Site or any service related thereto.
You may not use the EMR or Site to post or send any illicit or offensive materials, or content for which you have not obtained all necessary consents, content that is discriminatory, obscene, pornographic, defamatory, likely to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to civil liability, or otherwise is contrary to the law in any applicable jurisdiction where the EMR or Site are begin used, and hereby assume any and all risk associated therewith. We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting materials to our EMR or Site in breach of these terms.
You shall not use the EMR or Site while distracted or preoccupied, such as when operating a motor vehicle. You should access the EMR and Site only with due regard for your own safety and the safety of others.
YOU UNDERSTAND THAT THE EMR WILL ALLOW YOU ACCESS TO CLINICAL AND OTHER PROTECTED HEALTH INFORMATION PERTAINING TO YOU. YOU ARE SOLELY RESPONSIBLE FOR ANY SHARING OF ANY SUCH CONTENT, WHETHER YOU COMMUNICATE SUCH INFORMATION TO OTHERS INTENTIONALLY OR UNINTENTIONALLY.
Links to Third Party Websites
You may sometimes be linked to third party websites. UP is not responsible for the information or materials contained on any third party websites, or on websites that provide links to the EMR. Links from either are provided for convenience only and are not intended as an endorsement by UP of any individual operating the third party website or a warranty of any type regarding either the third party website, or the information on the third party website. UP shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content products or services available on or through such third party websites.
MEDICAL INFORMATION DISCLAIMER
YOU ACKNOWLEDGE THAT THE INFORMATION IN THE EMR IS PROVIDED “AS IS” FOR GENERAL INFORMATION ONLY AND IT IS NOT INTENDED, OR TO BE CONSTRUED, AS MEDICAL ADVICE, DIAGNOSIS AND TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS.
All information in our EMR and Site is furnished for your knowledge and understanding and as an informational resource only. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the EMR or Site or reliance on information from these.
UP PROVIDES ALL INFORMATION ON THE EMR AND SITE”AS IS” WITH ALL FAULTS AND MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PROGRAMS, PRODUCTS, OR SERVICES, OR OTHER MATERIAL PROVIDED, OR OF RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UP MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
You acknowledge that you understand and assume full responsibility for the risks associated the use of the EMR and/or Site, and your use of the same, as well as the services provided, is at your sole risk. UP is not liable to you, or any third party, for any decision made or action taken by your or anyone third party based on information contained in the EMR, on the Site, or provided through related services; or, due to reliance upon information contained on the site or provided through the services.
By submitting a telephone number to UP through the EMR or Site, you agree that a representative of UP can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not is an obligation to receive any of our products and/or services.
LIMITATION OF LIABILITY
YOUR USE OF THE EMR AND SITE ARE ENTIRELY AT YOUR OWN RISK. IN NO EVENT WILL UP OR ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, SPONSORS AND AGENTS BE LIABLE TO YOU, ANYONE CLAIMING BY THROUGH OR UNDER YOU, OR ANYONE ELSE FOR (I) ANY DECISION OR ACTION TAKEN, OR NOT TAKEN, IN RELIANCE UPON THE INFORMATION CONTAINED OR PROVIDED, (II) CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS EMR, SITE, OR THE INFORMATION CONTAINED THEREIN, (III) USE OR DISCLOSURE OF YOUR PERSONAL OR MEDICAL INFORMATION, (VI) YOUR USE OR INABILITY TO USE THE EMR OR SITE CAUSED BY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, OR ANY FAILURE OF PERFORMANCE, OR (V) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, POSSIBLE HEALTH SIDE EFFECTS, LOSS OF REVENUES, PROFITS OR SAVINGS, EVEN IF UP KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, DEMANDS OR ACTIONS.
UP will not be liable to you or anyone else for any loss resulting from a cause over which UP does not have direct control, including without limitation, failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government.
While every effort is made to ensure that all content provided to you through the EMR and Site does not contain viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for viruses or otherwise protect your computer and/or device and you should ensure that you have a complete and current backup of the applicable items on your computer or device. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the EMR or Site. While every effort is made to ensure smooth and continuous operation, we do not warrant the EMR or Site will operate error free.
As a condition of your use of the EMR and Site, you agree to indemnify and hold UP, its officers, directors, shareholders, employees, agents, successors and assigns, harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the EMR and/or Site, or from the violation of these Terms and Conditions of Use.
These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
We make no representations that the content, EMR, or Site are appropriate or may be used or downloaded outside of the United States. Access to the EMR and Site may not be legal in certain countries outside of the United States. If you access the EMR or Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction form which you access the EMR or Site.
Our EMR and Site are created and controlled by the laws of the State of New York, United States of America. THESE TERMS AND CONDITIONS OF USE, AND YOUR USE AND ACCESS TO THE EMR AND/OR SITE ARE GOVERNED BY THE LAWS OF NEW YORK, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. JURISDICTION AND VENUE FOR ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT SHALL BE IN APPLICABLE IN NEW YORK.
Our EMR and Site are subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or important any data from our EMR or Site, as may be required.
Our Contact Information
Please contact UP at firstname.lastname@example.org or 866-525-5650, if you have any questions, comments, or concerns regarding these Terms and Conditions of Use.
In order to participate in the EMR, you must agree to the terms and conditions contained in these Terms and Conditions of Use, which is a legal agreement to which you are contractually bound. By clicking the box, you are certifying that you are signing on behalf of yourself, that you have the legal authority to do so, and that you are contractually bound by the terms and conditions above. Your agreement with UP shall become effective when you click the box and shall continue thereafter until terminated by either you or UP.
Effective Date: September 2020