Terms of Service
The following Terms of Service ("Agreement") govern the use of the iMediChart services by iMediChart
subscribers. Please read the following terms and conditions carefully as they are legally binding.
BY CHECKING THE "I ACCEPT" BOX DURING REGISTRATION AND CONTINUING TO USE THE iMediChart SERVICE THEREAFTER,
YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii)
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE iMediChart PRIVACY
POLICY. IF YOU ARE NOT AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY, OR OTHERWISE DO NOT AGREE
WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT COMPLETE THE REGISTRATION PROCESS.
You may register adult or other family members on the condition that the adult or the other family member either accepts the
Terms of Service separately before their account activates or you have conservatorship over the adult or the other family
member.
iMediChart RESERVES THE RIGHT TO MODIFY THESE TERMS AND CONDITIONS AT ANY TIME AND WILL NOTIFY YOU OF
ANY SUCH CHANGES BY EMAIL. NOTHING IN iMediChart'S BROCHURES, FAQ's OR OTHER COMMUNICATIONS DESCRIBING
ITS SERVICES IS INTENDED TO SUPERSEDE OR MODIFY THESE TERMS AND CONDITIONS IN ANY MANNER.
THE iMediChart SERVICES
iMediChart's services are designed to enable you to summarize your health or medical status into one chart,
to make comments about specific entries in your iMediChart record about your health in general, to review
this profile at your convenience, and to give specific authorization to others who may access your profile.
iMediChart's services are entirely dependent upon your own actions and any information you submit to us.
For further information about how the iMediChart services can be used, visit:
http://www.iMediChart.com
YOU ACKNOWLEDGE AND AGREE THAT iMediChart IS NOT A PROVIDER OF MEDICAL OR HEALTH CARE SERVICES AND DOES NOT
PRACTICE MEDICINE, OR GIVE MEDICAL ADVICE. THE SERVICES OFFERED BY iMediChart ON THIS SITE, INCLUDING
INFORMATION YOU PROVIDE TO iMediChart, IS FOR INFORMATIONAL PURPOSES ONLY. SHOULD YOU HAVE ANY
HEALTH-RELATED QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR MEDICAL STATUS, PLEASE CALL OR SEE YOUR
PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. THE TRANSMISSION AND RECEIPT OF INFORMATION CONTAINED
ON THIS SITE, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET OR E-MAIL DOES NOT CONSTITUTE OR
CREATE A DOCTOR-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND iMediChart.
YOU UNDERSTAND AND AGREE THAT iMediChart DOES NOT EDIT THE CONTENTS OF YOUR CHART OR RENDER ANY OPINION
OR JUDGMENT REGARDING YOUR MEDICAL HEALTH OR PHYSICIANS' CARE. iMediChart IS NOT SUBJECT TO THE HEALTH
INSURANCE PORTABILITY AND ACCOUNTABILITY ACT ("HIPAA") WHICH REGULATES HOW HEALTH CARE PROVIDERS AND
OTHER COVERED ENTITIES MUST HANDLE AND PROTECT HEALTHCARE INFORMATION OF THEIR PATIENTS. WHILE iMediChart
IS NOT REQUIRED TO COMPLY WITH HIPAA MEDICAL INFORMATION PRIVACY LAWS, iMediChart HAS USED THE HIPAA
REGULATIONS AS A GUIDELINE FOR ITS OWN POLICIES AND PROCEDURES WITH RESPECT TO YOUR PERSONAL INFORMATION.
USE OF ORIGINAL MEDICAL DOCUMENTS
The medical profile provided by you and stored by iMediChart does not include copies of the official and
authoritative medical records that are maintained by your health care providers. Therefore, the
information kept by iMediChart is intended only to augment the use, organization and delivery of your
medical information.
In any event where, in your opinion or the opinion of your healthcare provider, the original and
authoritative medical records in the possession of your health care providers or additional direct
copies of such documents, may allow better and/or more timely healthcare decisions or might be
important or vital to the quality of your health care, especially in emergency situations, you
acknowledge and agree that such original medical records are the primary and authoritative source
for your medical and health care information. Whenever you and your health care providers think
doing so is important or vital to your care, iMediChart strongly suggests that you locate, access
and provide your health care providers with the original and authoritative copies of your medical
records. REGARDLESS OF ANY VALUE ADDED BY iMediChart, ITS PRODUCTS OR SERVICES TO THE MANAGEMENT OF
YOURHEALTH OR MEDICAL CONDITION, YOU ACKNOWLEDGE AND AGREE THAT THE USE BY YOU, OR BY ANY HEALTH
CARE PROVIDERS YOU AUTHORIZE TO HAVE ACCESS TO YOUR MEDICAL INFORMATION, OF ANY OF iMediChart'S
SERVICES OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ORGANIZATIONAL SCHEMES, DOCUMENT LOGS, OR
MEDICAL SUMMARIES, IS INTENDED ONLY TO AUGMENT, AND NOT TO REPLACE, THE USE OF YOUR ORIGINAL MEDICAL
RECORDS MANAGED BY THE ORIGINAL MEDICAL RECORD PROVIDERS, THE USE OF THE ORIGINAL ORGANIZATION AND
CONTENT OF SUCH ORIGINAL MEDICAL RECORDS, OR THE RECORD MANAGEMENT DOCUMENT LOCATION, SEARCH OR
DISTRIBUTION SERVICES AS PROVIDED BY YOUR HEALTH CARE PROVIDERS DIRECTLY. YOU ACKNOWLEDGE AND AGREE
THAT iMediChart IS NOT RESPONSIBLE FOR (i) THE CONTENT OF YOUR iMediChart RECORDS. , (ii) THE COMPLETENESS
OR ACCURACY OF YOUR iMediChart RECORDS, (iii) ANY MEDICAL DIAGNOSIS OR DECISION BY YOUR HEALTH CARE
PROVIDER THAT IS BASED IN WHOLE OR IN PART ON YOUR iMediChart RECORD OR ON THE INFORMATION WE PROVIDE,
PURSUANT TO YOUR AUTHORIZATION, TO YOUR HEALTH CARE PROVIDER, OR (iv) ANY MISSING RECORDS OR OMISSIONS
FROM YOUR CHART OR FROM YOUR MEDICAL PROFILE, REGARDLESS OF WHETHER THE CONTENT OF
THE MEDICAL RECORDS OR THE MISSING OR OMITTED INFORMATION HAS BEEN PROVIDED TO iMediChart BY YOU OR BY
YOUR HEALTH CARE PROVIDERS. YOU ACKNOWLEDGE AND AGREE THAT iMediChart IS NOT RESPONSIBLE FOR ANY ADVERSE
CONDITIONS OR EVENTS THAT MAY BE CAUSED, IN WHOLE OR IN PART, BY ANY INACCURACIES OR OMISSIONS IN YOUR
iMediChart RECORDS, OR THE UNAVAILABILITY OF YOUR iMediChart RECORDS.
MANAGEMENT OF YOUR iMediChart RECORDS
iMediChart will index, or categorize your profile in an effort to make such information more accessible
and usable to health care providers you authorize to have access to your information. iMediChart will
make good faith efforts to categorize each page correctly, iMediChart cannot assure, however, that all
of your information will be accurately characterized.
YOU ACKNOWLEDGE AND AGREE THAT iMediChart IS NOT RESPONSIBLE FOR ANY ADVERSE CONDITIONS OR EVENTS THAT
MAY BE CAUSED, IN WHOLE OR IN PART, BY MISCHARACTERIZATION, OR MISFILING OF YOUR PROFILE, DOCUMENTS
OR OTHER DATA; iMediChart IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR iMediChart RECORDS RESULTING FROM A
TECHNICAL FAILURE OR COMPUTER VIRUS. YOU ACKNOWLEDGE AND AGREE THAT iMediChart'S SERVICES ARE SOLELY
BASED ON INFORMATION YOU PROVIDE. YOUR HEALTHCARE PROVIDERS CONTINUE TO BE RESPONSIBLE FOR THE ORIGINAL
AND AUTHORITATIVE COPIES OF YOUR RECORDS. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO
MAINTAIN PAPER COPIES OF YOUR RECORDS, AND TO REQUEST A TRANSFER OF THE ORIGINAL, AUTHORITATIVE COPIES
OF YOUR RECORDS FROM PAST CARE PROVIDERS TO CURRENT CARE PROVIDERS AS APPROPRIATE AND ENSURE THAT THE
RECORDS AND INFORMATION iMediChart HAS ARE CURRENT AND ACCURATE.
PRIVACY
Any information you provide to iMediChart will be handled in accordance with our Privacy Policy
which you can review by going to our home page and clicking on the link to the iMediChart Privacy Policy.
SERVICE ASSISTANCE
You may contact iMediChart with questions about your account, receive technical assistance or
information about our services by calling our Customer Service Call Center at 248.918.4685.
In the event of interruptions in electric power, phone lines, internet connections or other means
of communication, or if any other events beyond iMediChart's control (including but not limited to
Acts of God, Acts of War or Acts of Terrorism), access to the Site, iMediChart's business office may
be disrupted for a period of time or even permanently. YOU ACKNOWLEDGE AND AGREE THAT iMediChart IS
NOT RESPONSIBLE FOR ANY ADVERSE CONDITION OR EVENT OCCURRING DUE TO AN INTERRUPTION OF SERVICE FOR
REASONS BEYOND iMediChart'S CONTROL.
MEDICAL EMERGENCIES
iMediChart does not warrant that information it provides on your behalf, and as authorized by you,
will be complete or appropriate for any specific medical emergency. BY AGREEING TO THESE TERMS OF
SERVICE YOU ARE SPECIFICALLY CONSENTING AND AUTHORIZING THAT iMediChart, IN A MEDICAL EMERGENCY, MAY
PROVIDE ALL INFORMATION IN ITS POSSESSION TO MEDICAL PERSONNEL. iMediChart WILL MAKE A GOOD FAITH
ATTEMPT TO VERIFY THAT THE INFORMATION IS BEING FORWARDED TO AUTHORIZED MEDICAL PERSONNEL BEFORE
PROVIDING ACCESS TO YOUR PROTECTED HEALTH INFORMATION, OR PHI. NOTWITHSTANDING iMediChart'S GOOD
FAITH ATTEMPT AT VERIFICATION, YOUR PHI MAY INADVERTENTLY BE PROVIDED TO A PERSON WHO IS NOT AN
AUTHORIZED RECIPIENT.
YOU ACKNOWLEDGE AND AGREE THAT iMediChart IS NOT RESPONSIBLE FOR ANY ADVERSE CONDITION OR EVENT,
INCLUDING ANY VIOLATION OF YOUR RIGHTS OF PRIVACY OR MISUSE OR CHANGES TO YOUR MEDICAL INFORMATION,
THAT MAY BE CAUSED, IN WHOLE OR IN PART, BY YOUR FAILURE TO SAFEGUARD THE CONFIDENTIALITY OF YOUR
ACCESS CODES, OR UPDATE YOUR MEDICAL INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT iMediChart IS NOT
A PROVIDER OF MEDICAL OR HEALTH CARE SERVICES AND DOES NOT PRACTICE MEDICINE, OR GIVE MEDICAL ADVICE.
NO PHYSICIAN/PATIENT OR OTHER HEALTHCARE/PATIENT RELATIONSHIP HAS BEEN ESTABLISHED BETWEEN YOU AND
iMediChart. YOU UNDERSTAND AND AGREE THAT iMediChart DOES NOT EDIT THE CONTENTS OF YOUR CHART OR RENDER
ANY OPINION OR JUDGMENT REGARDING YOUR MEDICAL HEALTH OR PHYSICIANS' CARE.
USE OF THE iMediChart SITE
Your authorized use of our Site is limited to learning more about iMediChart and its services,
registration as a member of iMediChart and use of the iMediChart services, including accessing
records and preparing medical summaries, available through the Site. You agree not to use
our Site for any other uses, including, without limitation, to store, aggregate, reproduce
or distribute information available on the Site in any manner; to interfere with or disrupt
the operation of the Site or the networks or servers connected to the Site in any manner; to
impersonate any person or entity or otherwise misrepresent your affiliation with any person or
entity; to upload, post or otherwise transmit any content that infringes the proprietary rights
of any third party, or is otherwise unlawful or offensive; to harass or otherwise harm iMediChart
or any other person or entity; or to engage in commercial activities of any kind. Any unauthorized
use of the Site will result in termination of all rights to use the Site and iMediChart taking action
against you to the full extent provided for by law.
PAYMENT FOR SERVICES
You agree to pay all charges incurred in connection with your Access Codes for the iMediChart services
(including any applicable taxes) at the rates in effect when the charges were incurred. iMediChart may
change the fees and charges then in effect, or add new charges, by giving you advance notice by email.
The fees for all iMediChart services are set forth on our Site. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL
PAY FOR ALL REQUESTED iMediChart SERVICES AND PRODUCTS IN ACCORDANCE WITH iMediChart'S PRICING GUIDELINES.
Failure to pay for services or products as hereby agreed may result in additional late payment charges
and/or collection charges that may include charges for collection services incurred by iMediChart in its
lawful efforts to collect any and all of your past due amounts.
RENEWAL OF SERVICE
At the end of your subscription, you will be automatically renewed at the then-current renewal
rate (billed to the credit card we have on file). This does not apply to gift certificates or
other special discount programs.
DISCLAIMER OF WARRANTIES
You agree that your use of the iMediChart services and this Site is entirely at your own risk.
WITHOUT LIMITING ANY OF THE FOREGOING, EVERYTHING AVAILABLE THROUGH iMediChart, WHETHER THROUGH OUR
SITE OR BY PHONE, FAX, EMAIL, OR CONVENTIONAL MAIL OR OTHER DELIVERY SERVICES, IS PROVIDED "AS IS"
AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED AS TO THE ACCURACY,
COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY
INFORMATION iMediChart COLLECTS, STORES, USES, PROVIDES ACCESS TO OR DISTRIBUTES ABOUT YOU.
iMediChart does not make any representations or warranties that any services or materials available
through iMediChart, whether through the Site, or by phone, fax, email or mail, will meet your
requirements or expectations or that the operation of our services and/or of the Site will be
uninterrupted, timely, secure or error free. Some jurisdictions do not allow the exclusion of
certain warranties, so some or all of the above exclusions may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL iMediChart OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE IN
CONNECTION WITH THIS AGREEMENT FOR ANY LOSS, INJURY, OR HEALTH PROBLEMS CAUSED IN WHOLE OR PART BY ITS
NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, STORING, ACCESSING,
REPORTING, OR DELIVERING INFORMATION. IN NO EVENT WILL iMediChart, ITS AFFILIATES, AGENTS OR LICENSORS BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY YOU OR YOURHEALTHCARE
PROVIDERS IN RELIANCE ON SUCH INFORMATION. iMediChart AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT
BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES INCLUDING ANY SPECIAL, CONSEQUENTIAL, INDIRECT,
INCIDENTAL OR RELIANCE DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA OR COSTS OF COVER), HOWEVER
CAUSED, WHETHER FOR BREACH OF CONTRACT OR TORT, (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND
NEGLIGENCE), OR UNDER ANY OTHER LEGAL THEORY, WHETHER FORESEEABLE OR NOT AND WHETHER OR NOT iMediChart
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING
THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
LIMITED AND EXCLUSIVE COMMERCIAL RIGHTS
In consideration for the iMediChart services provided to you, you acknowledge and hereby agree to grant
iMediChart exclusive commercial rights to store, index, manage, copy and/or distribute to authorized
recipients your electronic medical profile in any electronic format as collected, stored or distributed
by iMediChart for a period concurrent with your membership, or, in the event that your membership is
terminated for any reason whatsoever, for a period extending from your initial registration until
six (6) years after the termination of your iMediChart membership account. Such exclusive commercial
rights will include use of any electronic copy of iMediChart-based records and information regardless
of whether such copy is made from the Site or from any other iMediChart authorized or unauthorized
electronic medium. The foregoing exclusive commercial rights: (i) Are limited to all electronic
copies produced by or derived from iMediChart's services or products and all products and services
derived in any way from iMediChart products and services that you have purchased; (ii) Do not in any
way limit the commercial or other use of your original and authoritative medical records that are
in your possession or the possession of your health care providers; and (iii) Do not in any way
limit the creation or use of alternative electronic copies of your original medical records-as long
as iMediChart's services or products were not involved directly or indirectly in the creation of such
alternative electronic copies.
YOU HEREBY GRANT iMediChart THE LIMITED AND EXCLUSIVE COMMERCIAL RIGHTS DESCRIBED IN THE FOREGOING PARAGRAPHS.
THIRD PARTY CONTENT AND LINKS
You agree that iMediChart is not responsible and will not be held liable for any third party content on
this Site or any third-party content, products or services available on another web site through a link
from this Site. Links to third-party sites are for your convenience only, and their inclusion on this
Site does not imply any endorsement, guarantee, warranty or representation by iMediChart.
PROPRIETARY RIGHTS
This Site and all materials on the Site, including, without limitation, all databases and all trademarks
and logos on the Site, are protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as specifically permitted in this Agreement or by express written
consent of iMediChart, you agree that you shall not use the Site or the material on the Site in any manner.
CANCELLATION POLICY
A new member may cancel their membership within the first 30 days of service for a full refund.
Members may obtain a cancellation form through the company's website,
http://www.iMediChart.com/cancell.html. The member
is required to complete the form, have it signed by an Administrative member and then return the
form via mail to:
eMedLogic, Inc.
6214 Smithfield
Troy, MI 48085
TERM AND TERMINATION
This Agreement is effective as of the date you register for any services or products through iMediChart.
The Agreement shall continue in force for at least the term specified in the registration confirmation
materials you receive from iMediChart and shall renew automatically for the same term and continue in
force unless and until it is terminated in one of the following ways: (a) iMediChart may terminate this
Agreement by notifying you in writing (including e-mail) if iMediChart determines in its sole discretion
that you have made unauthorized use of the Site, failed to pay any charges due or otherwise breached
this Agreement. Such termination shall be effective without further notice to you if you fail to cure
the breach within thirty (30) days of the date of iMediChart's notice to you; (b) You may terminate this
Agreement by notifying iMediChart in writing by no later than thirty (30) days before the expiration of
the term of service specified in your registration confirmation materials that you do not want your
membership to renew. Such termination shall be effective as of the date of expiration of the
then-current term of service; (c) iMediChart may terminate this Agreement by notifying you in writing
and by email thirty (30) days before the expiration of the term of service specified in your registration
confirmation materials that it will not be renewing your membership. Such termination shall be effective
as of the date of expiration of the then-current term of service. iMediChart shall not be responsible for
any failure by you, or your medical provider who was provide authorization to access your information,
to access your records as a result of iMediChart's termination of your account. Upon termination of this
Agreement in accordance with subsection (a) or (b) above, you shall remain obligated to make all payments
due to iMediChart for the remainder of any current term or terms of service.
GENERAL TERMS
This Agreement shall be governed by the laws of the State of Michigan without regard to its conflict
of law provisions. Both parties submit to personal jurisdiction in Michigan and further agree that
any cause of action relating to this Agreement shall be brought in a court in Oakland County,
Michigan. If any provision of this Agreement is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced. iMediChart's failure to act with respect
to a breach by you or others does not waive iMediChart's right to act with respect to subsequent or similar
breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the
contrary is void. iMediChart shall not be liable for any delay or failure to perform resulting directly or
indirectly from any causes beyond iMediChart's reasonable control. You agree that iMediChart may communicate
with you via email and any similar technology for purposes relating to your membership or the service and
any other services provided or which may in the future be provided by iMediChart or on iMediChart's behalf.
This Agreement sets forth the entire understanding and agreement between the parties with respect to the
subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and
discussions between the parties, whether written or oral. Fees for services offered by iMediChart are
available at iMediChart's website http://www.iMediChart.com.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND BY CHECKING/CLICKING ON THE "I ACCEPT" BUTTON BELOW, I AGREE TO
BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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