User Agreement

Welcome to the MediTouch patient portal also know as the YourHealthFile Patient Portal ("MediTouch Portal"). The MediTouch Portal is a web-based portal that allows patients securely store their personal health care information and communicate and interact with their medical provider. The MediTouch Portal and related services are provided by HealthFusion, Inc. ("HealthFusion"). In order to use the MediTouch Portal, you must agree to our terms and conditions by clicking "I Accept" and successfully completing the online registration. By registering and clicking "I Accept" you agree to our Terms of Use and to be legally bound by them. HealthFusion 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 change as set forth on the bottom of this document. You should, therefore, periodically visit this page to review the current Terms of Use so you are aware of any such revisions to which you are bound. Your continued use of the MediTouch Portal indicates your acceptance of the modified Terms of Use. If do you not wish to be bound by the Terms of Use, then promptly exit the MediTouch Portal.


  1. Medical Disclaimer
  2. User Registration
  3. Restrictions on Use
  4. Fees
  5. Ownership
  6. Personal Health Information
  7. Confidentiality
  8. Accuracy; Integrity of Information
  9. Links; Third Party Sites
  10. Advertising
  11. Termination
  12. Disclaimer of Warranties
  13. Limitation of Liability
  14. Indemnity
  15. Choice of Law; Venue
  16. International Use
  17. Severability
  18. Entire Agreement

Medical Disclaimer

Information provided by or on behalf HealthFusion via the MediTouch Portal is intended for general information purposes only, and you agree and acknowledge that HealthFusion is not providing the materials to you for the purposes of giving you medical advice. HealthFusion is not responsible for the accuracy of any data or medical information presented on the MediTouch 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 should consult with a physician in connection with any and all treatment options that may be available to you. The MediTouch Portal is not intended for urgent matters or for use in emergencies. Do not send communications through the MediTouch Portal that requires urgent attention. If you have an emergency, you should telephone your physician's office directly, go to the nearest emergency room, or call 911. Nothing contained in the MediTouch Portal is or should be considered, or used as a substitute for, individual medical advice, diagnosis or treatment. YOU AGREE THAT ANY QUESTIONS OR CUSTOMER SERVICE ISSUES RELATED TO THE USE OF THIS PORTAL SHALL BE DIRECTED TO YOUR PHYSICIAN. HEALTHFUSION DOES NOT PROVIDE CUSTOMER SUPPORT FOR PATIENT USERS OF THE MEDITOUCH PORTAL.


User Registration

As part of the registration process for an online subscription you will be provided with a user ID and a one-time use temporary password. You will be required to select a personal user ID and a password ("Access Codes"), as well as provide us with certain registration information, all of which must be accurate and updated. Medical providers represent and warrant that they are licensed pursuant to all applicable federal, state and local laws, ordinances, rules and regulations, and shall upon request provide proof of all licenses.It shall be a breach of these Terms of Use 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 HealthFusion in its sole discretion deems offensive.

You are solely responsible for maintaining the confidentiality of the Access Codes you use to access the MediTouch Portal, and agree that HealthFusion shall have no obligations with regard thereto. You will be required to enter a valid Access Code to access certain areas of the MediTouch Portal 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 MediTouch Portal via the Access Codes. You agree that you shall be solely liable for all authorized and unauthorized access using the Access Codes. Do not disclose your Access Codes to anyone not authorized to act on your behalf. HealthFusion is not be liable for any loss or damage arising from your failure to comply with this Section. Please notify insert e-mail of any potential unauthorized use(s) of your account, or breach of security.


Restrictions on Use

HealthFusion grants you a limited license to make personal use only of the MediTouch 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 MediTouch Portal and the associated services, making any derivative of the MediTouch 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 data mining whatsoever.


Fees

Services on the MediTouch Portal are provided for free for the patient user, any fees for using this portal will require the patient user's explicit consent.


Ownership

The MediTouch Portal including but not limited to its contents and design are the property of HealthFusion, its subsidiaries, affiliates, vendor and/or licensors. The MediTouch Portal is protected by United States and international copyright, trademark and patent laws. Any rights not expressly granted herein are reserved.

The contents of the MediTouch Portal, including without limitation the text, images, audio, and video, and any materials accessed through or made available for use or download through the MediTouch Portal are copyrighted and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, without the prior written consent of HealthFusion, except that you may download content from the MediTouch 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 (but not for resale or redistribution).

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 MediTouch Portal. The posting of information or materials on the MediTouch Portal does not constitute a waiver of any right in such information and materials. All software used on the MediTouch Portal is the property of HealthFusion or its software suppliers and protected by United States and international copyright laws.


Personal Health Information

You may upload, download, store, access and grant your medical provider access to your personal health information, including copies of documents, records, images, and any other information submitted by you. You are responsible for uploading your personal health information. HealthFusion shall have no responsibility for the quality of X-rays or other personal medical images archived on the MediTouch Portal.

You hereby grant HealthFusion and its related parties the right to access, transmit, receive, monitor, retrieve, store, maintain, and use your personal health information and any other information you provide in connection with the establishment and maintenance of your account, to provide services and operate the MediTouch Portal, including but not limited to, converting documents received from you or on your behalf to an appropriate electronic format and maintaining your account.


Confidentiality

HealthFusion respects your privacy and seeks to maintain the confidentiality of your medical 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, HealthFusion does not own or make any claim to own any communications between you and the applicable medical provider.

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 HealthFusion attempts to ensure the integrity and accurateness of the MediTouch Portal, it makes no guarantees whatsoever as to the correctness or accuracy of the MediTouch Portal. It is possible that the MediTouch Portal could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the MediTouch Portal by third parties. In the event that an inaccuracy arises, please inform your physician. Information contained on the MediTouch Portal may be changed or updated without notice.


Links; Third Party Sites

The MediTouch Portal may contain links or references to Web sites operated by other parties which might have information on health topics of interest to you. These links and references are provided for your general information and education only, and should NOT be relied upon for personal diagnosis or treatment. HealthFusion makes no representations whatsoever about any other Web site that you may access through MediTouch. When you access a non-HealthFusion site, please understand that it is independent from HealthFusion, and that HealthFusion has no control over the content on that Web site. In addition, a hyperlink to a non-HealthFusion Web site does not mean that HealthFusion endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to the MediTouch Portal, you do this entirely at your own risk. HealthFusion has no control over the security or privacy practices of these external Web sites. Use of other sites is strictly at your own risk. You are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the other Web sites.


Advertising

The MediTouch Portal may contain advertisement and/or sponsorship. The advertisers and/or sponsors that provide these advertisements and sponsorship are solely responsible for insuring that the materials submitted for inclusion on the MediTouch Portal are accurate and comply with all applicable laws. HealthFusion is not responsible for the acts or omissions of any advertiser or sponsor.


Termination

HealthFusion 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 MediTouch Portal, or discontinue any aspect of the MediTouch Portal, with or without cause, and with or without notice.

You may terminate your online subscription at any time by contacting your physician.If HealthFusion terminates your use of the MediTouch Portal or your online subscription, you shall not be entitled to a refund of any Fees.

HealthFusion will not store, maintain, deliver or provide access to your personal health information after the termination of your subscription. Your right to access your personal health information via the MediTouch Portal shall terminate upon your termination of or failure to renew your subscription to the MediTouch Portal.


Disclaimer of Warranties

HEALTHFUSION AND ITS RELATED ENTITIES MAKES, AND YOU SHALL RECEIVE, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. HEALTHFUSION AND ITS RELATED ENTITIES DO NOT WARRANT OR REPRESENT THAT MESSAGES SENT THOUGHT THE MEDITOUCH PORTAL WILL BE READ OR RESPONDED TO BY YOUR MEDICAL PROVIDER, OR IN A TIMELY MANNER. HEALTHFUSION AND ITS RELATED ENTITIES MAKES NO REPRESENTATION AS TO THE RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS OR SUITABILITY OF THE MEDITOUCH PORTAL OR ANY SERVICES MADE AVAILABLE THROUGH THE MEDITOUCH PORTAL. CERTAIN STATE LAWS 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

HEALTHFUSION, ITS RELATED ENTITIES AND/OR LICENSORS AND OTHER THIRD PARTIES MENTIONED ON THE MEDITOUCH PORTAL ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INJURIES (INCLUDING FOR WRONGFUL DEATH), DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE MEDITOUCH PORTAL, USE OF OR INABILITY TO USE THE MEDITOUCH PORTAL, MEDITOUCH-RELATED SERVICE, CONTENT OR INFORMATION CONTAINED WITHIN THE MEDITOUCH PORTAL, MEDICAL ADVICE, DIAGNOSIS, TREATMENT, THE PERFORMANCE OR POSSESSION OF THE MEDITOUCH PORTAL, ANY HYPERLINKED WEB SITE, ANY DEFECT IN THE MEDITOUCH PORTAL OR ITS CONTENTS, AND/OR ANY BREACH OF THESE TERMS OF USE. THIS LIMITATION APPLIES (A) WHETHER THE ALLEGED CLAIMS OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND (B) REGARDLESS OF WHETHER OR NOT HEALTHFUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MEDITOUCH PORTAL, MEDITOUCH-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE MEDITOUCH PORTAL AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF THE EXCLUSION OF WARRANTY OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN HEALTHFUSION, AND ITS SUBSIDIARIES, AFFILIATES, VENDORS AND/OR LICENSORS AND OTHER THIRD PARTIES MENTIONED ON THE MEDITOUCH PORTAL MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT OF ANY SUBSCRIPTION OR MEMBERSHIP FEE WHICH YOU MAY HAVE PAID FOR THE MEDITOUCH PORTAL.


Indemnity

You agree to indemnity and hold HealthFusion, 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 MediTouch Portal or its content, including also your use of the MediTouch Portal to provide a link to another site or to upload content or other information to the MediTouch Portal, or your breach of the Terms of Use.


Choice of Law; Venue

The MediTouch Portal is controlled by HealthFusion from its offices within the state of California, of the United States of America. It can be accessed from all fifty states, as well as from other countries around the world. Each of these places has laws that may differ from those of California. By accessing the MediTouch Portal, both you and HealthFusion agree that the statutes and laws of the state of California will apply to all matters related to these Terms of Use and the use of the MediTouch 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 San Diego County, California, and waives any jurisdictional, venue or inconvenient form of objections to such courts.

HealthFusion makes no representation that materials on the MediTouch Portal are appropriate or available for use in other locations. Those who choose to access the MediTouch Portal from other locations do so on their own initiative and are responsible for compliance with local laws.

Any cause of action brought by you against us or our related entities must be instituted 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 HealthFusion for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. HealthFusion may release user information about you if required by law or subpoena.


International Use

By choosing to access the MediTouch Portal from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. HealthFusion makes no representation that materials on the MediTouch 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 MediTouch Portal in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.


Severability

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 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.


Entire Agreement

These Terms of Use constitute the entire agreement between HealthFusion 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 MediTouch Portal.


Effective Date of these MediTouch Portal Terms of Use: Jan 2013