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Terms of Use

Your Patient Shift Patient Portal

Terms of Use

IntScripts welcomes you to our web-based portal patient portal (the “Portal”). Our Portal enables you to access a secured system for storing your personal health care information and interacting with your healthcare providers who utilize IntScripts (hereafter referred to as “Healthcare Provider(s)”).
About Us Acceptance of this Agreement ID, Access Codes and User Registration Services
Restrictions of Use Ownership Personal Health Information Confidentiality
Accuracy; Integrity of Information Links; Third Party Sites Advertising Termination
Disclaimer of Warranties Limitation of Liability; Dispute Resolution Indemnity Choice of Law; Exclusive Venue
International Use Medical Disclaimer Fees Entire Agreement and Severability

About Us

At IntScripts, Inc., our software developers collaborate to bring innovation and ease of use to the complex world of software. We have developed and will maintain the Portal to bring your personal healthcare information to your fingertips while you are a subscriber.

Acceptance of this Agreement

The IntScripts Portal is maintained and related services are provided by IntScripts, Inc. (“IntScripts”). In order to use the Portal and become a subscriber, you must agree to our terms and conditions by clicking “I Accept” and successfully completing the online registration process. By registering and clicking “I Accept” you confirm that you understand and agree to our Terms of Use (sometimes hereafter the “Agreement”) and to be legally bound by them. IntScripts reserves the right to modify or change the Terms of Use at any time which will be indicated by the date of the most recent changes as set forth on the bottom of this document. You should, therefore, periodically visit this page to review the current Terms of Use and become of aware of any such changes to which you are bound. You agree that your continued use of the Portal indicates your acceptance of the modified Terms of Use. If you do not wish to be bound by and accept the Terms of Use, then promptly exit the Portal.

ID, Access Codes and User Registration

In the online registration process for an online subscription you will be required to select a personal user ID and a password (“Access Codes”), as well as provide us with certain registration information. You agree that the information you provide is accurate at the time you provide such to us, and you agree to update your information immediately whenever you modify such information. It shall be a breach of these Terms of Use for you to select or utilize a user name (i) of another person with intent to impersonate that person, (ii) in which another person has rights, if you do not have that person’s authorization to use such name, or (iii) that IntScripts in its sole discretion deems objectionable or unsatisfactory.
  • Adult Policy. Only persons who reside in the United States and are 18 years of age or older are eligible and authorized to create and use an account as a subscriber. You represent that you are of sufficient legal age to use this Portal as a subscriber and to create binding legal obligations for any liability you may incur or cause in connection with your creation of an account and use of this Portal. To become a subscriber, you will be required to provide certain personal information to create your subscriber account. You understand that you are financially responsible for all usage of this Portal by you and anyone that uses your Access Codes.
  • Minor Policy. A parent or guardian who resides in the United States may establish an account with IntScripts for a child under 18 years of age. Whenever a parent or guardian adds a minor as a user to that parent or guardian’s account, that parent or guardian assumes responsibility for granting and restricting, in accordance with state law, the minor’s access to that account. Each Healthcare Provider is responsible for granting or restricting, in accordance with state law, (i) a parent or guardian’s access to a minor’s Personal Health Information on this Portal, and (ii) a minor’s access to this Healthcare Provider on this Portal. You understand that certain states may restrict the use of this Portal by a minor and the use of this Portal by a parent or guardian in respect to certain types of Personal Health Information stored on this Portal regarding a minor. IntScripts does not (i) undertake any responsibility in respect to obtaining, maintaining, verifying receipt of or updating any written consent that a Healthcare Provider sought or should have sought from a child under 18 years of age; or (ii) verify or monitor a Healthcare Provider’s compliance with state, federal or other legal requirements relating to the written consent of a child under 18 years of age, regarding any type of Personal Health Information. You should check routinely with your child’s Healthcare Providers to learn what standard operating procedures they follow in respect to the written consent of a minor child.
  • Other Conditions. You are solely responsible for maintaining the confidentiality of the Access Codes you use to access the Portal, and agree that IntScripts shall have no obligations with regard thereto. You will be required to enter a valid Access Code to access the Portal for any purpose, or to submit payment for services. It is your sole responsibility to monitor and control use of these Access Codes for all purposes. You accept all responsibility for the security of your Access Codes, and utilization of the Portal via the Access Codes. You agree that you shall be solely liable for all authorized and unauthorized access using the Access Codes. You represent and warrant that you will not disclose your Access Codes to anyone whom you have not authorized to act on your behalf.
You agree that IntScripts is not liable for any loss or damage arising from or relating in any manner to your failure to comply with this Section. Please notify us at portalsupport@intscripts.com of any potential unauthorized use(s) of your account, or breach of security.
You further agree and warrant that, to the best of your knowledge, each Healthcare Provider whom you authorize to access your Personal Health Information via the Portal is licensed pursuant to all applicable federal, state and local laws, ordinances, rules and regulations.

Services

The following online services (the “Services”) may be available to you through the Portal:
Appointments
  • schedule an appointment
  • change an appointment
  • cancel an appointment
Check-in
  • complete your check-in prior to your appointment
  • supplement your records prior to your appointment
  • update your insurance information Access Records
Access Records
  • access standard records, such as vital signs, encounter history, lab records, prescription history
Billing Statements
  • Receive billing statements online from a Healthcare Provider
  • Pay billing statements online to a Healthcare Provider
  • Review recent billing and payment history
Prescription Refills
  • Obtain prescription refills from a Healthcare Provider that uses IntScripts
    (always contact your Healthcare Provider to learn about standard protocols that govern availability of online prescription refills through your Healthcare Provider)
Secure Messaging with a Healthcare Provider that uses IntScripts*
  • communicate with staff of a Healthcare Provider that uses IntScripts
    (always contact your Healthcare Provider to learn about standard protocols that govern secure messaging review and response practices of your Healthcare Provider)
Value-Added Services
  • No Value-added services are available at this time. When Value-Added services become available, you will have an opportunity to obtain such services in exchange for payment of the applicable fees.
* You understand and agree that the Services are never intended to be used with any Healthcare Provider in any actual or potential medical emergency. Please see the Medical Disclaimers and Waivers section regarding additional disclaimers and waivers.

Restrictions of Use

IntScripts grants you a limited license to make personal use only of the Portal and the associated services in accordance with these Terms of Use. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Portal and the associated services, making any derivative of the Portal or the associated services, the collection and use of user email addresses or other user information, including, without limitation, health information or any data extraction or date mining whatsoever.

Ownership

All title, trademarks and copyrights in and pertaining to Inscripts and the Portal, including but not limited to any accompanying printed materials, content and design relating to this application, are owned by and are the exclusive property of IntScripts. The Portal and related software applications are protected by copyright, trademark and patent laws of the United States and by international laws and treaties. Any rights not expressly granted herein are reserved to IntScripts.

The contents of the Portal, including without limitation the text, images, audio, and video, and any materials accessed through or made available for use or download through the Portal are the property of IntScripts and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, without the prior written consent of IntScripts, except that you may download content from the Portal to any single computer for your personal use only, provided you keep intact all copyright, trademark, patent and other proprietary notices and comply with any applicable end user license agreements. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (personal use excludes use for resale, redistribution or other commercial purposes).

For purposes of these Terms of Use, any use of these materials on any other web site is prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Portal. The posting of information or materials on the Portal does not constitute a waiver of any right of IntScripts in such information and materials. All software used on the Portal is the property of IntScripts or its software suppliers and protected by United States and international copyright laws.

Personal Health Information

We provide access to the Portal to you as a Business Associate to your Healthcare Provider. As a Business Associate, we follow the rules that apply to Business Associates under HIPAA and the HITECH Act, as well as any other privacy and security rule surrounding your personal information that was agreed to between IntScripts and your Healthcare Provider.

You may upload, download, store, access and grant your Healthcare Provider access to your Personal Health Information, including copies of documents, records, images, and any other information submitted by you. You and your Healthcare Provider(s) are responsible for uploading your Personal Health Information using the Portal. IntScripts shall have no responsibility for the quality of X-rays or other images or content relating to your Personal Health Information uploaded to the Portal.

Confidentiality

IntScripts respects your privacy. We seek to maintain the confidentiality of your Personal Health Information and communications in accordance with HIPAA, State regulations and our Privacy Policy, which is incorporated herein by reference. By agreeing to the Terms of Use you indicate that you have read, understood and accept our Privacy Policy. Except as otherwise stated, IntScripts does not own or make any claim to own any communications between you and the applicable Healthcare Provider.

You may authorize one or more Healthcare Providers to access your Personal Health Information via the Portal. We will not disclose, transfer or cause to be disclosed or transferred to a third party any of your Personal Health Information without your prior written consent or authorization, or as otherwise required by law.

Accuracy; Integrity of Information

Although IntScripts attempts to ensure the integrity of the process for uploading information to the Portal, IntScripts cannot and does not make any guarantee as to the correctness, completeness, or accuracy of the information provided by or made available to you on the Portal, including but not limited to any information you provide to, or seek to receive or have access to from a Healthcare Provider. Any information appearing on the Portal may be inaccurate, incomplete or erroneous; may include typographical or other errors; and may include unauthorized additions, deletions or alterations made to the Portal by third parties. In the event that an inaccuracy or other issues is identified regarding your Personal Health Information, please inform your physician. You and your Healthcare Provider(s) are responsible for uploading your Personal Health Information using the Portal. The Portal may not include information from a healthcare provider that does not have a contract in force with IntScripts, its affiliates or related entities that authorizes such healthcare provider to upload your Personal Health Information to or otherwise use the Portal. IntScripts shall have no responsibility for the quality of X-rays or other images or content relating to your Personal Health Information uploaded to the Portal. You should routinely communicate with each of your Healthcare Providers to learn their specific practices and operating procedures in respect to the copying, storage, reproduction, reduction or enlargement of any documents or images pertaining to Personal Healthcare Information.

YOU AGREE THAT ANY QUESTIONS OR CUSTOMER SERVICE ISSUES RELATED TO THE USE OF THIS PORTAL SPECIFIC TO ANY HEALTHCARE PROVIDER SHALL BE DIRECTED TO YOUR HEALTHCARE PROVIDER. INTSCRIPTS DOES NOT PROVIDE CUSTOMER SUPPORT FOR PATIENT USERS OF THE INTSCRIPTS PORTAL.

Advertising

The Portal may contain advertisements and content from other entities. The entities that provide such advertisements and content are solely responsible for insuring that the materials submitted for inclusion on the Portal are accurate and comply with all applicable laws. IntScripts is not responsible for the acts or omissions of any advertiser or content provider that appears on the Portal, or is available through any hyperlink.

Termination of Subscription

IntScripts reserves the right, in its sole discretion and without liability to you, to change, suspend, or terminate your access to all or part of the Portal, or discontinue any aspect of the Portal, with or without cause, and with or without notice. You may terminate your online subscription at any time by contacting your physician. If you are a subscriber and do not wish to be bound by and accept any modified Terms of Use, please notify us at portalsupport@intscripts.com and we will help you terminate your subscription. If you terminate your subscription, and you have paid any Fees under this Agreement for any Value-Added services we may agree to provide to you, no refund will be available to you for any services provided prior to termination, and a pro-rata refund will be provided to you in respect to the unexpired term regarding such Value-Added Services. Your right to access your Personal Health Information via the Portal shall terminate upon the termination or nonrenewal of your subscription to IntScripts. If for any reason your subscription is terminated or nonrenewed, you may within one-hundred eighty (180) days of the date of termination or nonrenewal contact IntScripts at portalsupport@intscripts.com to order an electronic copy of records previously uploaded to the Portal for your former account, and IntScripts will process your order within ten (10) business days after you have paid the $25.00 record order fee. IntScripts will not store, maintain, deliver or provide access to your Personal Health Information once your subscription has been terminated or non-renewed for more than one-hundred eighty (180) days.

Your right to access your Personal Health Information via the Portal shall terminate upon the termination or nonrenewal of your subscription to IntScripts. If for any reason your subscription is terminated or nonrenewed, you may within one-hundred eighty (180) days of the date of termination or nonrenewal contact IntScripts at portalsupport@intscripts.com to order an electronic copy of records previously uploaded to the Portal for your former account, and IntScripts will process your order within ten (10) business days after you have paid the $25.00 record order fee. IntScripts will not store, maintain, deliver or provide access to your Personal Health Information once your subscription has been terminated or non-renewed for more than onehundred eighty (180) days. Personal Health Information

Disclaimer of Warranties

INTSCRIPTS AND ITS RELATED ENTITIES DO NOT MAKE, AND YOU SHALL NOT RECEIVE IN RESPECT TO THE PORTAL, ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO: (i) AN IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT OR TITLE; (ii) ANY WARRANTY REGARDING UNINTERRUPTED ACCESS TO THE PORTAL, DATA BACK-UP OR RESTORATION; OR (iii) THAT PERSONAL HEALTH INFORMATION STORED ON THE PORTAL WILL BE FREE FROM ERROR OR CORRUPTION.

INTSCRIPTS AND ITS RELATED ENTITIES DO NOT WARRANT OR REPRESENT THAT COMMUNICATIONS SENT THROUGH THE PORTAL WILL BE REVIEWED BY OR RESPONDED TO BY YOUR HEALTHCARE PROVIDER AT ANY TIME, WITHIN ANY DEADLINE OR EVEN WITHIN A TIMELY MANNER. INTSCRIPTS AND ITS RELATED ENTITIES MAKE NO REPRESENTATION AS TO THE RELIABILITY, ACCURACY, TIMELINESS, AVAILABILITY, COMPLETENESS OR SUITABILITY OF THE PORTAL OR ANY INFORMATION OR SERVICES MADE AVAILABLE THROUGH THE PORTAL TO OR BY YOU OR TO OR BY A HEALTH CARE PROVIDER. IN THE EVENT THAT THE LAW(S) OF ANY STATE(S) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Limitation of Liability

  • Limitation of Liability. This Limitation of Liability section applies collectively to IntScripts, its employees, affiliates, subsidiaries, related parties, contractors and suppliers (the “IntScripts Parties”) for all purposes relating to this Agreement, including all purposes relating to the Dispute Resolution section below. The intention of this section is to disclaim any liability whatever to you pertaining to your voluntary use of the Services for as long as the Services are provided to you free of charge. Currently, IntScripts is providing the Services for free, so you understand that unless IntScripts imposes a charge for your use of the Services in the future (and you pay IntScripts for the Services prior to an event you contend gives rise to direct damages), or IntScripts makes Value-Added Services available and you purchase them from IntScripts, you are unable to recover from any IntScripts Parties even direct damages that you might contend arise from IntScript’s operation of the Portal or your use of the Services. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE PORTAL, RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE PORTAL AND/OR THOSE SERVICES.

    NEITHER YOU NOR ANY INTSCRIPTS PARTIES SHALL HAVE LIABILITY TO THE OTHER FOR ANY PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS EXCESS COSTS INCURRED AND LOST PROFITS, DATA OR REVENUE, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL ANY INTSCRIPTS PARTIES BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE PORTAL EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION FO LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER YOU USE THE PORTAL.

    If you have paid IntScripts for any Services or Value-Added Services, or if any provision in this Agreement limiting any IntScripts Parties’ potential liability to you is determined to be unenforceable by a court or other authority with jurisdiction to decide the matter, such payment or determination shall not preclude the application of other, enforceable, limits that would preclude or limit the same liability, and to the extent any liability against any IntScripts Parties might exist because of such a payment or determination, that liability shall be capped at the lesser of: (i) the amount of money you have paid IntScripts for the Services and Value-Added Services (if applicable) in the 12 months preceding the event giving rise to direct damages; or (ii) no more than $100 of all damages determined to be recoverable. The limitations on the IntScripts Parties’ liability to you contained in this Agreement apply even if the remedy available to you fails of its essential purpose or does not fully compensate you for any losses which you seek to recover.

    You agree nonetheless that all provisions in the Disclaimer of Warranties section and this Limitation of Liability section as are permitted by applicable law shall apply to you, shall apply for the benefit of the IntScripts Parties, and that the IntScripts Parties’ liability to you shall be limited to the maximum extent permitted by applicable law.

  • Dispute Resolution. This Agreement specifically excludes the application of the Uniform Computer Information Transactions Act. In the event any dispute arises under or in connection with this Agreement, the Parties agree to participate in non-binding mediation, which shall be conducted telephonically or via video-conference, at the discretion of IntScripts. The Party seeking relief regarding such dispute shall notify the other Party of the dispute under this section, which shall constitute a request to commence mediation. Within thirty (30) days after the notice required under this section has been provided to the other Party, IntScripts shall appoint a mediator who has experience mediating any type of consumer claims and is a member in good standing of the Florida Bar. IntScripts shall be responsible for compensating the mediator for the provision of such mediation services. The mediator shall conduct the non-binding mediation within sixty (60) days after being appointed. The parties agree neither party may institute any judicial proceeding regarding a dispute arising in connection with this Agreement, unless the party seeking relief has (i) first complied with the requirements of this dispute resolution provision, and (ii) thereafter filed the judicial proceeding in compliance with the Choice of Law; Exclusive Venue section below.

    EACH PARTY EXPRESSLY WAIVES ALL RIGHTS TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE ARISING UNDER OR RELATED TO THIS THIS AGREEMENT. EACH PARTY EXPRESSLY WAIVES ALL RIGHTS TO COMMENCE OR BECOME A PARTY IN A CLASS ACTION FILED AGAINST THE OTHER PARTY.

Indemnity

You agree to indemnity and hold IntScripts, its related entities, vendors, licensors and other partners harmless from any loss, liability, injury (including injuries resulting in death), claim, or demand, including reasonable attorneys’ fees and costs, of any kind due to, arising out of or relating to your use of the IntScripts Portal or its content, including also your use of the IntScripts Portal to provide a link to another site or to upload content or other information to the IntScripts Portal, or your breach of the Terms of Use.

Choice of Law; Exclusive Venue

The Portal is controlled by IntScripts from its offices within the state of Florida, the United States of America. The Portal can be accessed from all fifty states and from many other countries around the world. Every state, country or other jurisdiction has laws that may differ from those of the state of Florida. By accessing the Portal, you agree that the statutes, regulations and decisional law of the state of Florida will apply to all matters related to these Terms of Use and the use of the Portal, without regard to conflicts of laws or principles thereof. Each party also agrees and hereby submits to the exclusive personal jurisdiction and venue of the state and federal courts sitting in Leon County, Florida (the “Exclusive Venue”), and waives any jurisdictional, venue or inconvenient forum objections to such courts.

Notwithstanding the type of any cause of action you may seek to bring in connection with this agreement, any cause of action brought by you against any IntScripts Parties must be instituted within the Exclusive Venue and commenced within one (1) year after the cause of action arises or be deemed forever waived and barred.

You agree that monetary damages may not provide a sufficient remedy to IntScripts for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. IntScripts may release user information about you if required by law, judicial order or subpoena.

International Use

By choosing to access the IntScripts Portal from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. IntScripts makes no representation that materials on the Portal are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from the Portal in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.

Fees

Services on the Portal are provided for free for the patient user. IntScripts will not charge you, the patient user, any fees for using this Portal without first obtaining confirmation of your consent.

Medical Disclaimer

IntScripts is not a Healthcare Provider and does not engage in the practice of medicine. All information that is provided by or on behalf of IntScripts, whether via the Portal or through any other means, (i) is made available solely for general informational purposes, and (ii) is not made available for the purpose of providing medical advice to or for anyone. IntScripts is not responsible for the accuracy of any data or medical information provided via the Portal. You should not rely on the materials in deciding on a treatment plan, drug usage, or any other medical advice regarding the materials. You always should consult with a physician in connection with any and all treatment options that may be available to you.

You are cautioned that the Portal is never intended to be used in respect to any potential urgent matters or emergencies. Do not send communications through the Portal that require urgent attention. If you believe a medical emergency exists, you immediately should telephone your Healthcare Provider’s office directly, go to the nearest emergency room, or call 911. Nothing contained in the Portal is or should be considered, or used as a substitute for, individual medical advice, diagnosis or treatment.

Entire Agreement and Severability

These Terms of Use constitute the entire agreement between IntScripts and you pertaining to the subject matter hereof. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the IntScripts Portal.

In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such unenforceable provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

Terms of Use Effective Date, September 2016