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The iHealthSpace web site ("iHealthSpace") is a resource made available by the General Hospital Corporation d/b/a the Massachusetts General Hospital ("MGH") to patients and other users who would like to view and manage their medical information online, communicate with their health care providers online, and/or access external informational web sites. MGH offers this service as a convenience and by choosing to access and use iHealthSpace, you acknowledge and agree to all of the terms and conditions of use set forth herein.
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT RELY ON ELECTRONIC COMMUNICATIONS OR COMMUNICATION THROUGH iHealthSpace FOR IMMEDIATE, URGENT MEDICAL NEEDS. THIS WEB SITE IS NOT DESIGNED TO FACILITATE MEDICAL EMERGENCIES.
iHealthSpace is not an attempt to practice medicine or an attempt to provide specific medical advice. Any communication features, such as clinical messaging and virtual visit tools, support but do not replace or establish a doctor-patient relationship. Any content or tool on this web site, such as text, data, illustrations, graphical elements, animation, photos, images, and other materials, is provided for reference and educational purposes only. Such content and tools are not meant to be complete or exhaustive or meant to be applicable to any specific individual's medical condition. These resources should not be used to make a diagnosis or to replace or overrule a qualified health care provider's judgment. All users are strongly encouraged to consult with a qualified health care professional for answers to personal questions.
In addition to iHealthSpace, MGH has created and maintains the MGH web site to provide general information about MGH, Partners HealthCare System, Inc., and their affiliates (collectively, "Partners"), and to assist patients in obtaining health care services and general health information. Information appearing on iHealthSpace and any Partners web sites may be prepared by health care providers or staff affiliated with a Partners entity, or it may be contributed by outside sources. iHealthSpace and Partners web sites may also contain links to external, non-Partners web sites for your convenience. Partners entities are not responsible for the availability or accuracy of the content appearing on such external, non-Partners web sites, nor do they endorse them. All users are strongly advised to carefully read the terms of use, privacy policies, copyright notices and disclaimers for any external, non-Partners web sites they access in addition to those terms, policies, notices and disclaimers for web sites maintained by Partners entities.
You assume full responsibility for using the information on this web site, and you understand and agree that no Partners entity is responsible or liable for any claim, loss, or damage resulting from use of such information by you or any other user.
These terms and conditions, including but not limited to the iHealthSpace Disclaimer, iHealthSpace Privacy Policy, and iHealthSpace Intellectual Property Notice, ("Terms") detail your privileges, rights and obligations relating to your use of iHealthSpace. We may modify these terms at any time and any such modification will be effective within a minimum of three days upon its posting. All users are strongly advised to periodically review these Terms, including but not limited to the iHealthSpace Disclaimer, iHealthSpace Privacy Policy, and iHealthSpace Intellectual Property Notice.
If you do not agree to any of the Terms, you should not access or use iHealthSpace, and, if you already have a registered account with iHealthSpace, you may deactivate your account online. Upon deactivation all information stored in your account will be deleted and may no longer be retrievable by you. Please note, however, that information you enter or accept into your iHealthSpace account is backed-up and saved on a server and as such, we cannot guarantee that information that has been deleted from an iHealthSpace account will not be available elsewhere.
YOU UNDERSTAND THAT USE OF ANY IHEALTHSPACE FEATURES IS SUBJECT TO THESE TERMS AND THE IHEALTHSPACE DISCLAIMER, IHEALTHSPACE PRIVACY POLICY, AND IHEALTHSPACE INTELLECTUAL PROPERTY NOTICE REFERENCED HEREIN, EACH OF WHICH IS INCORPORATED HEREIN AND CONSIDERED AS PART OF THESE TERMS. YOU WILL BE DEEMED TO HAVE ACCEPTED (WITHOUT MODIFICATION BY YOU) ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES REFERENCED IN THESE TERMS UPON ACCESSING IHEALTHSPACE.
As used in these Terms, the words "we" and "us" refer to MGH. "You" refers to any individual who is accessing or using iHealthSpace. Certain provisions contained in these Terms may be inapplicable to you depending upon your user status. "iHealthSpace account" refers to a Registered User's web record which contains personal and medical information and which is accessible online through iHealthSpace. Capitalized words used but not otherwise defined in these Terms have the following meanings:
Registered User: An individual user who has registered for an iHealthSpace account.
Enrolled User: A Registered User who has been invited by and who has accepted an invitation to join a Participating Provider's iHealthSpace community, through which the user may take advantage of any interactive features offered by such Participating Provider online in addition to iHealthSpace's features.
Participating Provider: Any physician, physician practice, hospital, hospital system, or other clinical care provider that has agreed to participate in iHealthSpace and offers services online through iHealthSpace, such as providing online access to copies of original medical records.
Authorized User: A Registered User explicitly authorized by another Registered User to access the latter's iHealthSpace account, where the type and extent of access allowed is determined by the authorizing Registered User.
Authorized Provider: With respect to a Registered User, a Participating Provider explicitly authorized by such Registered User to access the user's iHealthSpace account and interact with the user virtually.
The duration of these Terms shall begin on the date you accept these Terms and end when you deactivate your account ("Period of Use"). Notwithstanding the foregoing, your use of iHealthSpace shall be immediately terminated upon our written notice to you in the event that you breach any of these Terms. In the event of termination for any reason whatsoever, your rights to access iHealthSpace will immediately terminate. Your iHealthSpace account will be deactivated and any stored information, entered or accepted by you into your iHealthSpace account will be deleted. Upon deactivation of your account, you will no longer be able to view or retrieve such information. Furthermore, upon deactivation of your account, you will no longer have access through iHealthSpace to any copies of original medical records that may have been provided online by a Participating Provider. Please note, however, that information you enter or accept into your iHealthSpace account is backed-up and saved on a server and as such, information that has been deleted from an iHealthSpace account may still be available through one of those servers. You acknowledge and agree that the original components of your medical records shall at all times remain the property of the health care provider that created them. If you need a copy of your medical records, you should contact that health care provider directly.
You represent and warrant that:
You also agree:
Moreover, you hereby authorize us and your Authorized Providers to access and share your personal and health information with others when necessary to fulfill our/their obligations to you as our/their patient and/or to assist you in getting the care or services you request.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT PARTICIPATING PROVIDERS HAVE NO LEGAL OBLIGATION TO TRANSMIT YOUR MEDICAL INFORMATION TO OTHER HOSPITALS OR DOCTORS OR STAFF OR TO POST SUCH INFORMATION IN YOUR IHEALTHSPACE ACCOUNT. YOU SHOULD MAINTAIN THE ORIGINAL VERSION OF ANY CORRESPONDENCE FROM YOUR HEALTH CARE PROVIDERS AND IF YOU WISH, UPLOAD A COPY OF THE SAME TO YOUR IHEALTHSPACE ACCOUNT.
You agree to defend, release, indemnify, and hold harmless us, the other Partners entities, all Participating Providers, and their respective partners, members, trustees, directors, officers, directors, staff members, employees, affiliated companies and licensors ("Indemnitees"), harmless from all liabilities, claims and expenses, including without limitation, reasonable attorney fees, that (i) arise from a breach by you of these Terms or the terms and conditions for any Indemnitee web site (ii) arise from your use of any Indemnitee web site or relate in any way directly or indirectly to any Indemnitee web site, or (iii) arise in connection with the posting or transmission of any content by or through your iHealthSpace account or any violation by you of any laws, regulations or rights of another. You agree that each Indemnitee has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to this provision.
You shall have a non-exclusive, non-transferable right to access and use iHealthSpace features during the Period of Use subject to these Terms. You may not access or use iHealthSpace if you are located or reside anywhere where access or use is prohibited by law, decree, regulation, treaty or administrative act. Access to certain features available through iHealthSpace may depend on your status as a Registered versus Enrolled User.
You do not owe any separate fees for access and use of iHealthSpace, but you are responsible for paying any other third party charges associated with accessing the web site, including but not limited to Internet service provider fees.
You acknowledge and agree that we may at any time and from time to time modify, suspend or discontinue, temporarily or permanently, iHealthSpace features or functionalities (or any part thereof) to the extent that such modification, suspension or discontinuance is necessary to reflect or accommodate a change necessitated by unforeseen circumstances that may arise after the date hereof, regulatory changes or a change imposed or required by a Third Party Service Provider. You agree that no Partners entity shall be liable to you or to any third party for any such modification, suspension or discontinuance.
You are responsible for maintaining and protecting the confidentiality of your password and account, and are fully responsible for all uses of and activities that occur under your account, regardless of whether you authorized such uses or activities. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit properly and securely from your account at the end of each session. No Partners entity will be liable for any loss or damage arising from your failure to comply with this provision.
You may access iHealthSpace and use iHealthSpace features for your personal, non-commercial use only. You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes the use of or access to any portion of iHealthSpace features or content available hereunder.
You may not under any circumstances establish any links to iHealthSpace without our prior and explicit written permission.
If you are a patient who has received or is receiving treatment by a Participating Provider, then you may be invited to "enroll" or join its online patient community through iHealthSpace. You will receive from such Provider an email invitation and temporary, personal enrollment code. For security purposes, this enrollment code will be given to you in-person or sent via U.S. Mail to the address the Participating Provider has on record for you. The enrollment code will become disabled after 30 days from creation. Your email invitation and this code are uniquely linked to you and your medical record (if made available online by a Participating Provider). This email invitation and the code should not be shared with others.
Accepting this invitation with your enrollment code via the link supplied to you in your email invitation will then give you continuing access as an Enrolled User to certain specialized iHealthSpace services and may give you online access to parts of your medical record. You understand that each Participating Provider may have its own terms and conditions separate from and in addition to these Terms. Prior to permitting a Registered User to become an Enrolled User, a Participating Provider may require certain consents, acknowledgements, commitments, representations and agreements from the user either at the time the user accepts an enrollment invitation or before the user accesses certain services provided by the Participating Provider. A Registered User may not have access to these services until such consents and acknowledgements have been obtained.
Please be advised that we reserve the right to terminate or change the terms of a relationship with any Participating Provider at any time due to a change necessitated by unforeseen circumstances that may arise after the date hereof, regulatory changes or changes imposed or required by one or more of our Third Party Service Provider.
In order to provide iHealthSpace features, we have contracted with a number of third party service providers ("Third Party Service Providers") for services and health care information content. You understand that one or more of our Third Party Service Providers may obligate us to require certain commitments and representations from you to use the Third Party Service Provider's services and/or content, that we may be required to obtain and deliver your agreement to certain terms of use of the Third Party Service Provider's content and services, and that until such agreement(s) have been entered into, you may not be permitted to access or use such third party content or services. If you are unwilling to comply or cannot comply with such provider's then-current requirements, you should not access or use such content or services.
We reserve the right to change the terms of any Third Party Service Provider relationship or terminate your access to such services and/or content at any time upon notice to you due to a change necessitated by unforeseen circumstances that may arise after the date hereof, regulatory changes or changes imposed or required by the Third Party Service Provider.
USER ACKNOWLEDGES AND AGREES THAT NO PARTNERS ENTITY WILL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, MONETARY OR EXEMPLARY DAMAGES, INCLUDING FEES, OR PENALTIES, LOSSES OR LIABILITIES OF ANY KIND (INCLUDING SPECIFICALLY PERSONAL INJURY) RESULTING FROM OR IN CONNECTION WITH:
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IT IS YOUR RESPONSIBILITY SOLELY AND EXCLUSIVELY TO DETERMINE THE SUITABILITY OF IHEALTHSPACE FEATURES PROVIDED HEREUNDER FOR YOUR INTENDED PURPOSES AND USES. YOU ACKNOWLEDGE AND AGREE THAT IHEALTHSPACE FEATURES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED.
MGH GIVES AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO IHEALTHSPACE OR THE RESULTS OBTAINED FROM IHEALTHSPACE OTHER THAN THAT EXPRESSLY SET FORTH HEREIN. NO REPRESENTATION OR WARRANTY IS MADE THAT (I) IHEALTHSPACE WILL MEET THE YOUR NEEDS, (II) ACCESS TO IHEALTHSPACE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE IHEALTHSPACE SHALL BE RELIABLE OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH IHEALTHSPACE WILL MEET YOUR EXPECTATIONS.
NO REPRESENTATIVE OF MGH OR PARTNERS IS AUTHORIZED TO GIVE OR MAKE ANY OTHER REPRESENTATION OR WARRANTY OR MODIFY THIS WARRANTY IN ANY WAY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MGH AND PARTNERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We do not assume any duty to correct or update iHealthSpace or to resolve or clarify any inconsistent information that might be a part of iHealthSpace. We disclaim any warranty concerning such information's accuracy, timeliness, and completeness, and any other warranty, express or implied, including warranties of merchantability or fitness for a particular purpose. We also do not warrant that access to the site will be error- or virus-free and do not guarantee against unauthorized users or hackers attempting to obtain access to the web site. No Partners entity shall be liable for any losses or damages related to the same. Note that iHealthSpace may contain health or medically related materials that may be considered graphic and/or sexually explicit. If you find these materials offensive, do not use this web site.
Your Authorized Providers may not necessarily see or read the personal notations or other information you input into your iHealthSpace account. We give and make no representation or warranty that a note you make will be reviewed by the Authorized Providers for whom you intended the note or by any Authorized Provider for that matter.
These Terms, including the iHealthSpace Disclaimer, iHealthSpace Privacy Policy, and iHealthSpace Intellectual Property Notice, constitute the full and complete understanding of the parties with respect to the subject matter thereof and supersede all prior understandings and agreements on such subject matter. Any notices, waivers and other communications required or permitted hereunder must be given in writing to the other party at the address indicated in these Terms, and shall be deemed given immediately upon delivery to the addressee. In the event of a conflict between these Terms and the iHealthSpace Disclaimer, iHealthSpace Privacy Policy, and iHealthSpace Intellectual Property Notice, these Terms shall control. These Terms, including the iHealthSpace Disclaimer, iHealthSpace Privacy Policy, and iHealthSpace Intellectual Property Notice, and any dispute arising hereunder, and your use of or reliance on iHealthSpace will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflicts of law principles. You agree to be bound and shall be subject to the exclusive jurisdiction of the local, state and federal courts located in Suffolk County, Massachusetts.
iHealthSpace, its features and content are owned by MGH, for itself or on behalf of its affiliates, and/or its Third Party Service Provider. and are protected by U.S. and international copyright and other intellectual property laws. MGH and its Third Party Service Provider. shall retain title, ownership rights and all intellectual property rights in and to iHealthSpace features and any and all software, documentation, intellectual property or other proprietary information or materials used or delivered in connection with the iHealthSpace service. Unless otherwise stated, you may print or download information from the web site for personal, non-commercial use only, provided the information includes an identification of the source of the material and includes the statement "the materials are protected by copyright law." Reprinting or otherwise reproducing any document in whole or in part is prohibited, unless prior written consent is obtained from the copyright owner. Nothing in these Terms shall be interpreted to mean that you have rights to repackage, sell, resell, post on blogs or on any other web site, republish, reproduce, link or frame or store any material without our permission.
Your acknowledge and agree that we shall have the right in its sole discretion to refuse to accept or to remove any content provided by you in connection with iHealthSpace features if doing so would violate these Terms or would be otherwise objectionable in our sole and absolute discretion. You acknowledge and agree that the original components of your medical record shall at all times remain the property of the health care provider that created them. You should contact your health care provider directly for copies of such records.
These Terms do not grant you any right, title, license or interest in or to any software or documentation, or in any related patents, copyrights, trademarks, trade secrets or other intellectual property of any kind, of MGH, Partners, or their affiliates or the Participating Providers. You shall not acquire any rights of any kind in or to any trademark, service mark, trade name, logo or product or service designation (whether or not registered) under which MGH, Partners, their affiliates and the Participating Providers market their products or services and you shall not use the same for any reason.
All copyrightable text, graphics, design, selection and arrangement of information in this web site are copyrighted by MGH unless otherwise noted. You may not edit or alter any material on this web site.
In accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA") the following are registered as Service Providers with the United States Copyright Office:
Notifications of copyright infringement claims occurring on iHealthSpace should be reported to the designated agent, as follows:
Partners Healthcare System, Inc.
One Constitution Center, 2nd floor
Charlestown, MA 02129
E-mail: dmca-agent@partners.org
Any such notice must be in writing, and must include the following information as required by the DMCA: