TERMS OF USE
Your use of this website Personal Health Record is subject to the following Terms
of Use. MTBC may revise these Terms of Use from time to time by updating this posting
with the revised terms, which shall take effect as of the date of their posting.
You should carefully review these Terms of Use every time you use this MTBC-PHR,
as your use implies your assent to be bound by same.
This website is for educational purposes only and may be used to store and transmit
data to you and to those whom you designate.
By using MTBC-PHR, you signify your assent to these Terms of Use. If you do not
agree to these Terms of Use, you are not authorized to use MTBC-PHR.
MEDICAL ADVICE OR ENDORSEMENT
MTBC-PHR DOES NOT OFFER OR PROVIDE ANY MEDICAL ADVICE. ANY CONTENT ACCESSED THROUGH
MTBC-PHR IS FOR EDUCATIONAL PURPOSES ONLY. MTBC-PHR IS NOT INTENDED TO COVER, NOR
DOES IT PURPORT TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS,
OR ADVERSE EFFECTS. THIS CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR
FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. PLEASE CONSULT YOUR PHYSICIAN
OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL
CONDITION, OR BEFORE TAKING ANY DRUG, CHANGING YOUR DIET OR COMMENCING OR DISCONTINUING
ANY COURSE OF TREATMENT. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE
BECAUSE OF ANY INFORMATION ACCESSED THROUGH MTBC-PHR. YOU ARE INSTRUCTED TO CALL
911 OR YOUR DOCTOR IN THE EVENT OF A MEDICAL EMERGENCY.
MTBC-PHR DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS OR PROCEDURES
THAT MAY BE MENTIONED/DISPLAYED IN MTBC-PHR. MTBC DOES NOT ASSUME ANY LIABILITY
FOR THE CONTENTS OF ANY MATERIAL PROVIDED BY YOU THROUGH MTBC-PHR. MTBC RESERVES
THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF MTBC-PHR.
YOU MAY USE MTBC-PHR ONLY IF YOU RESIDE
IN THE UNITED STATES.
YOUR ACCOUNT AND USE OF MTBC-PHR
You are responsible for the security of your passwords and for any use of your MTBC-PHR
account. You must immediately notify any unauthorized use of your password or account
by sending an e–mail to the address provided on the “Contact Our Office” page.
Your use of MTBC-PHR and any content accessed through MTBC-PHR must comply with
all applicable laws, regulations and ordinances, including any laws regarding the
export of data or software.
You may not access MTBC-PHR other than by the interfaces provided by MTBC-PHR. You
may not interfere with or disrupt the proper operation of MTBC-PHR in any way.
You must be at least eighteen (18) years old to use MTBC-PHR. MTBC-PHR is not intended
for use by minors and should not be used by minors.
You hereby grant MTBC a license to use and distribute any information about you
collected by, transferred to, or otherwise within the possession of MTBC through
MTBC-PHR, but only in connection with the services provided by MTBC-PHR and only
as permitted by applicable law.
You agree to incur any communication costs associated with using MTBC-PHR, including
without limitation Internet usage fees.
CONTENT AND SERVICES OFFERED THROUGH
MTBC-PHR
USE OF MTBC-PHR AND RELIANCE ON ITS CONTENTS IS SOLELY AT YOUR OWN RISK. MTBC MAY
NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY
THIRD–PARTY SERVICE OR CONTENT.
MTBC-PHR PROVIDES AN ONLINE PERSONAL HEALTH RECORD (“ONLINE PHR”) SERVICE CONSISTING
OF MEDICAL RECORDS PROVIDED BY YOUR PHYSICIAN(S) AND/OR HEALTHCARE PROVIDERS. YOU
ARE SOLELY RESPONSIBLE FOR THE DISSEMINATION OF YOUR ONLINE PHR. MTBC-PHR DOES NOT
IN ANY WAY EDIT, REVIEW, SPONSOR, APPROVE, VERIFY, INVESTIGATE OR OTHERWISE ACKNOWLEDGE
THE SUFFICIENCY OR COMPLETENESS OF ANY CONTENT PROVIDED IN YOUR ONLINE PHR. LIKEWISE,
MTBC-PHR DOES NOT IN ANY WAY AUTHORIZE, FACILITATE, OVERSEE, SPONSOR OR IN ANY WAY
ASSIST OR PARTICIPATE IN THE DISTRIBUTION OF YOUR ONLINE PHR. MTBC-PHR IS NOT LIABLE
FOR ANY INACCURACY, OMISSION OR ERROR IN YOUR ONLINE PHR, OR FOR THE ERRONEOUS DISSEMINATION
OF YOUR ONLINE PHR TO ANY THIRD PARTY. DISSEMINATION OF YOUR ONLINE PHR IS SOLELY
YOUR RESPONSIBILITY.
INTELLECTUAL PROPERTY
You acknowledge, understand and agree that MTBC has sole and exclusive ownership
of all right, title and interest in and to any and all materials on the hosting
website of MTBC-PHR, including all designs and information, marketing images (including
but not limited to trademarks and other logos), designs, plans and tools, and all
other service, marketing and business–related information and data (collectively,
the "Content"). You further acknowledge, represent and warrant that you have not
acquired, and shall not acquire, whether by operation of law, these Terms of Use,
or otherwise, any right, title, interest, or other ownership in or to the Content.
You acknowledge, understand and agree that MTBC has the sole and exclusive ownership
of all right, title and interest in and to any and all trademarks for or related
to MTBC-PHR, and all registrations and applications therefore. You further acknowledge,
represent and warrant that you have not acquired, and shall not acquire, whether
by operation of law, exercise of rights under these Terms of Use, or otherwise,
any right, title, interest, or other ownership in or to any trademarks which are
protected by federal and state laws in the United States and throughout the world
and/or are displayed on the website hosting MTBC-PHR.
You acknowledge, understand and agree that MTBC owns all proprietary rights to MTBC-PHR.
MTBC grants you a personal, revocable, non–assignable, and non–exclusive license
to use MTBC-PHR.
DISCLAIMER OF WARRANTIES AND CONSEQUENTIAL
DAMAGES
MTBC does not warrant that MTBC-PHR will be error–free or that MTBC-PHR or the server
that makes it available are free of viruses or other harmful components.
You acknowledge that in connection with MTBC-PHR, information will be transmitted
over local exchange, inter–exchange and Internet backbone carrier lines and through
routers, switches and other devices owned, maintained and serviced by third party
local exchange and long distance carriers, utilities, Internet service providers
and others, all of which are beyond the control and jurisdiction of MTBC and its
suppliers. Accordingly, MTBC assumes no liability for or relating to the delay,
failure, interruption or corruption of any data or other information transmitted
in connection with the use of MTBC-PHR.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE HOSTING MTBC-PHR, INCLUDING
ALL MTBC-PHR SERVICES, IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON–INFRINGEMENT.
MTBC AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS
OR TIMELINESS OF THE MTBC-PHR MATERIAL, SOFTWARE TEXT, GRAPHICS, AND LINKS OR THE
MTBC-PHR SERVICES, OR ABOUT RESULTS TO BE OBTAINED FROM USING MTBC-PHR OR MTBC-PHR
SERVICES. MTBC-PHR AND ITS SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION THAT THE
CONTENT CONTAINED ON MTBC-PHR SATISFIES GOVERNMENTAL REGULATIONS REQUIRING DISCLOSURE
OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.
EXTERNAL LINKS
On the website hosting MTBC-PHR, you may be offered links to other websites operated
by parties other than MTBC. The inclusion of any link to such websites does not
imply endorsement by MTBC of those websites. MTBC has not reviewed all of the websites
linked to MTBC-PHR’s hosting website and is not responsible for the content or accuracy
of any off–site pages or any other sites linked to MTBC-PHR’s hosting website. Your
linking to any other off–site pages or other websites is at your own risk and is
subject to the terms and conditions of any such websites.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MTBC, ITS AGENTS OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE
HOSTING MTBC-PHR BE LIABLE FOR ANY COSTS, DAMAGES OR EXPENSES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST
PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE MTBC-PHR, THE CONTENT OF THE WEBSITE HOSTING MTBC-PHR,
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT MTBC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MTBC SHALL BE LIABLE
TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF
ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS).
INDEMNIFICATION
You agree to defend, indemnify and hold MTBC, its officers, directors, employees
and agents, licensors and suppliers harmless from and against any claims, actions
or demands, liabilities and settlements, including without limitation, reasonable
legal and accounting fees, resulting from, or alleged to result from, your use of
MTBC-PHR in any manner that violates or is alleged to violate these Terms of Use
or applicable law. MTBC shall provide notice to you promptly of any such claim,
suit or proceeding and shall reasonably cooperate with you, at your expense, in
your defense of any such claim, suit or proceeding.
TERMINATION
You agree that MTBC, in its sole discretion, may terminate your use of MTBC-PHR,
or any other service provided thereon, if MTBC reasonably believes that you have
violated or otherwise acted inconsistently with these Terms of Use, or violated
the rights of MTBC or any third party, or for any other reason with or without notice
to you. You agree that MTBC will not be liable to you or any third party as a result
of such modification or discontinuation.
SURVIVAL
The provisions entitled “No Medical Advice or Endorsement”, “Content and Services
Offered Through MTBC-PHR”, “Indemnification”, “Disclaimer of Warranties and Consequential
Damages” and “Limitation of Liability” will survive the termination of these Terms
of Use.
JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute relating to your
use of MTBC-PHR ("Legal Action"), resides in the courts of Somerset County, State
of New Jersey and you further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the State of New Jersey in connection with any such
dispute, including any claim involving MTBC, or its affiliates, licensors, subsidiaries,
employees, contractors, officers, directors, telecommunications providers and content
providers. These Terms of Use are governed by the laws of the State of New Jersey,
irrespective of its conflict of laws principles.
COMPLETE AGREEMENT
These Terms of Use constitute the entire agreement between you and MTBC with respect
to the use of MTBC-PHR and any content or service contained therein.
NOTICE
MTBC may deliver notice to you under these Terms of Use by means of electronic mail,
or by written communication delivered by first class U.S. mail to your address on
record.
GENERAL PROVISIONS
If you use MTBC-PHR from locations outside of the United States, you do so at your
own risk and are responsible for compliance with applicable local laws, keeping
in mind that access to MTBC-PHR may not be legal by certain persons or in certain
countries. If any provision of these Terms of Use is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of Use, which shall
remain in full force and effect. No waiver of any of these Terms of Use shall be
deemed a further or continuing waiver of such term or condition or any other term
or condition. Any cause of action you may have with respect to the use of MTBC-PHR
must be commenced within 6 months after the claim or cause of action arises or such
claim or cause of action is barred.
