AbbaDox Patient Portal Terms of Use

Web version of the AbbaDox Patient Portal Terms of Use (version 1.0). AbbaDox is a trade name of IDS, Inc. (Integrated Document Solutions, Inc.), which owns and operates the Patient Portal.

Ownership and Purpose of Patient Portal

This portal (the “Patient Portal”) is owned and operated by Integrated Document Solutions, Inc. (“IDS”). The Patient Portal’s purpose is to provide secure access to a Web-based portal to assist patients in managing their medical records, prescriptions, encounter documentation, and other healthcare-related items.

Terms and Conditions

This Terms of Use Agreement (“Terms of Use”) defines the terms and conditions under which IDS makes the Patient Portal available. BY USING THIS PATIENT PORTAL, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE PATIENT PORTAL. These Terms of Use are a legally binding agreement made by and between IDS and you (whether you are joining for yourself or on behalf of a minor or a person to whom you are a caregiver) (“You” or“Your”). These Terms of Use govern Your access and/or use of the Patient Portal and You should read them carefully. This Terms of Use Agreement shall remain in effect at all times until You cease using the Patient Portal and cancel Your registration to access the Patient Portal. BY REGISTERING FOR ACCESS, ACCESSING, OR USING ANY PART OF THE PATIENT PORTAL, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE.IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS PATIENT PORTAL.

IDS reserves the right, at its sole discretion, to make changes to portions or all of these Terms of Use at any time. You are responsible for checking these Terms of Use periodically for changes. Your continued use of the Patient Portal means that You agree to any new or modified provision of these Terms of Use posted on the Patient Portal.

Content and Intellectual Property Information

AbbaDox® and AbbaDox EHR® are federally-registered service marks of IDS. These marks may not be used without permission. Any third-party trademark(s) that may appear on our Patient Portal are the property of their respective owner(s).

The Patient Portal’s proprietary contents include, without limitation, the animations, applets, audio, data, design, graphics, illustrations, images, information, DICOM images, marks, text, and any other files displayed, used and/or available on the Patient Portal (the “Content”), as well as the arrangement, coordination, design, expression, look and feel, selection, and structure of such Content. The Patient Portal’s Content is owned, controlled or licensed by or to IDS, and is protected by copyright, trade dress, trademark and other intellectual property rights and unfair competition laws. IDS reserves all rights, title, and interests in the Content and this Patient Portal. Except as expressly provided in these Terms of Use or by IDS’s express written consent, no part of the Patient Portal and no Content may be copied, distributed, encoded, posted, publicly displayed, published, republished, reproduced, translated, or uploaded, in any manner.

Access and Use of Website

The Patient Portal is intended to be used by individuals whose physicians are provided services from IDS and all other individuals that wish to use the Patient Portal’s functionality in connection with their medical care. In order to join and participate in the Patient Portal, You will be asked to provide information about Yourself (or the person on whose behalf You are joining the Patient Portal). If You are under 18 years old, please discuss whether you should join the Patient Portal with your physician. In order to join the Patient Portal, You must be a resident of the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions. When You join the Patient Portal, You will provide IDS with information relating to Your identity and certain other information, including Your email address. By submitting such information to IDS, You hereby certify that any and all information provided to IDS by You is true and correct and you authorize IDS to use any method it chooses to verify the truth and accuracy of the information that You provide to the extent IDS needs to do so to protect its rights or other users of the Patient Portal. Failure to provide truthful and accurate information to IDS may result in termination of Your access to the Patient Portal.

The Patient Portal requires a valid, working e-mail address and other information in order to initially sign up for access to the Patient Portal and the use of its functionality. You are solely responsible for maintaining the strict confidentiality of the username and password You create in order to access the Patient Portal. This responsibility includes not allowing another person to use Your credentials to access the Patient Portal. You will be solely responsible for any damages or losses that may be incurred or suffered as a result of Your failure to maintain the strict confidentiality of Your username and password. You should immediately inform IDS in writing of any need to deactivate your account due to potential or actual security concerns.IDS will not be liable for any harm related to the misappropriation of your username and password, Your willing disclosure of such items to another person, or Your authorization to allow another person or entity to access and use the Patient Portal under your log-in credentials.

IDS uses the means it believes are reasonable to provide access to this website 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond IDS’s control and subject to any breakdowns or maintenance operations required to ensure the smooth operation of the Patient Portal. IDS shall not be liable for any failure or deficiency in the performance of the Patient Portal by reason of maintenance, breakdown or any event beyond IDS’s reasonable control, including without limitation, fire, Internet outage, interruption of service, labor disturbance, natural disaster, technological disaster, terrorism, or war.

You acknowledge that data conversion and transmission is subject to the likelihood of human and machine errors, omissions, delays and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. IDS shall not be liable for any such errors, omissions, delays, or losses. You understand and agree that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to computer systems, networks, and any and all information stored therein. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. IDS shall not be responsible for any adverse consequences whatsoever of Your connection to or use of the Internet, and shall not be responsible for any use by You of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.

Medical Disclaimers

Any Content available on the Patient Portal is for informational and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Neither the Content nor any other service offered by or through the Patient Portal is intended to be substituted for medical diagnosis or treatment. IDS does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on the Patient Portal. Your reliance upon any information obtained or used by You is solely at Your own risk. IDS is not responsible for the accuracy of any information or content provided or sent by You or other users of the Patient Portal, including Your physician. You are responsible for verifying the accuracy of any information you send or receive through the Patient Portal, including any of Your patient health information, data, or records. If you have an emergency, DO NOT USE THE SITE to contact your physician –you should call 911 and request emergency care assistance.

Compliance with Laws; Transmission of Data

With respect to its operation of the Patient Portal, and to the extent required by (i) the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the regulations promulgated thereunder, and (ii) the HITECH Act and any regulations promulgated thereunder, (collectively, the “Privacy Laws”), IDS will fully comply with the Privacy Laws and maintain the confidentiality of any Protected Health Information (as defined by the Privacy Laws) (“PHI”) transmitted or made available through the functionality of the Patient Portal, and in accordance with such compliance, IDS will, among other things:

• a) Not use or further disclose PHI other than as permitted or required by the Privacy Laws and/or as You have agreed otherwise; b) Use appropriate safeguards to prevent the unauthorized use or disclosure of PHI; c) Report any unauthorized use or disclosure of PHI of which IDSbecomes aware; d) Ensure that any agent, including a subcontractor to whom IDS provides PHI in any format received from, or created or received within the Patient Portal, agrees in writing to comply with the Privacy Laws; e)Mitigate, to the extent practicable, the harmful effect of any unauthorized use or disclosure of PHI; f) Upon expiration or termination of Your use of the PatientPortal, destroy all PHI, if any, received from or transmitted by You in connection with Your use of the Patient Portal that is still in IDS’s possession or under its control; g) You understand and agree that this Terms of Use Agreement may be amended fromtime to time if necessary to comply with the Privacy Laws. The requirements of this Section will survive the termination of Your use of the Patient Portal. When You use the Patient Portal to upload and transmit PHI, You agree that, to the extent applicable, you shall comply with all State and Federal laws, including but not limited to the Privacy Laws. You represent and warrant that You will, at all times during the term of this agreement and thereafter, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of PHI. You agree that IDS, and all other persons or entities involved in the operation of the Patient Portal, have the right to monitor, retrieve, store, review and use PHI, if applicable, in connection with the transmission of any PHI.

IDS acknowledges and agrees that the data and information that is compiled or passes through the Patient Portal that specifically relates You, Your patient care, or Your physician procedures or diagnosis (collectively, the “Client Data”), and all right, title and interest therein, is and shall remain the exclusive property of You. Notwithstanding the foregoing, to the extent permissible under the Privacy Laws and any other applicable laws and regulations, You hereby grant to IDS a perpetual, unlimited license to use the Client Data, in a de-identified format stripped of identifiers only, for data benchmarking, sharing, warehousing, resource utilization and similar data analysis services; provided, however, that IDS shall comply with the Privacy Laws in connection with any such actions and shall protect and maintain the confidentiality of all Client Data used in such manner.

IDS CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PHI OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE. IDS RESERVES THE RIGHT TO AMEND OR DELETE ANY UPLOADED CONTENT (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THE SITE) THAT IN IDS’S SOLE DISCRETION VIOLATES ANY PROVISIONS OF THIS SECTION OR THE TERMS OF USE IN GENERAL.

Prohibited Conduct

You may only use the Patient Portal for lawful purposes. In Your access and use of the Patient Portal, You agree that You will not: (i) infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of IDS or any third party; (ii) abuse, defame, harass, or stalk any individual or other user of the Patient Portal; (iii) interfere or attempt to interfere with, or damage or attempt to damage, the Patient Portal or the proper working of the Patient Portal, including, without limitation, through the use of cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods or technology; (iv) use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Patient Portal or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Patient Portal or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Patient Portal; (v) misrepresent Your identity, provide false information, impersonate another person or entity, misrepresent Your affiliation with a person or entity, including, without limitation, IDS, create or use a false identity, or attempt to use another user’s account; (vi) attempt to obtain unauthorized access to the Patient Portal; (vii) engage, directly or indirectly, in transmission of chain letters, junk mail, spam, or any other type of unsolicited solicitation; (viii) collect, reverse look-up, trace or seek to trace, manually or through automated means, information about other users or visitor to the Patient Portal without their express consent or other information relating to the Patient Portal; (ix) use any meta tags or any other hidden text utilizing the IDS name, service marks, trademarks, or product or service names; (x) advertise, offer to sell, or sell any goods or services set forth in the Patient Portal or otherwise use the Patient Portal to solicit other users, except as expressly permitted by IDS; (xi) engage in any activity that interferes with any third party’s ability to use or enjoy the Patient Portal; (xii) probe, scan or test the vulnerability of the Patient Portal or any network connected to the Patient Portal, or breach the security or authentication measures on the Patient Portal or any network connected to the Patient Portal; (xiii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Patient Portal or IDS’s systems or networks, or any systems or networks connected to the Patient Portal or IDS; or (xiv) assist any third party inengaging in any activity prohibited by these Terms of Use.

Your Representations, Warranties, and Indemnification of IDS:

You represent, warrant and covenant to IDS that: (i) You have the full power and authority to enter into and perform Your obligationsunder these Terms of Use; (ii) Your assent to, and performance of, Your obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which You are bound, or any applicable laws, regulations or rules; (iii) You are able to form a legally binding contract, and these Terms of Use constitute legal, valid and binding obligations on You, enforceable in accordance with their terms; (iv) You will not infringe the patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right of IDS or any third party in Your use of the Patient Portal; (v) You have provided complete, truthful and accurate information about Yourself for purposes of joining the Patient Portal; (vi) You are not using, and will not use, the Patient Portal or any information contained therein for any improper, harassing, or unlawful purpose; (vii) You will comply with all applicable laws, rules and regulations in Your use of the Patient Portal, including these Terms of Use and any applicable healthcare laws or regulations; and (viii) You are not a paid consultant or have any other financial interests in the information You provide on the Patient Portal, including but not limited to the promotion of “off label” drug uses, the disclosure of the results of confidential clinical trials or any other proprietary information.

You agree to indemnify and hold IDS and its owners, employees, representatives, agents, attorneys, affiliates,directors, officers, members, and managers (“Indemnified Parties”) harmless from any and all damages, losses, costs or expenses (including without limitation, attorney’s fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by You of any provision of these Terms of Use; (ii) arising from, related to, or connected with Your use of this PatientPortal and/or its Content; or (iii) arising from, related to, or connected with Your non-compliance with any healthcare laws or regulations, including but not limited to the Privacy Laws.

Disclaimers, Exclusions and Limitations

As used below in this section, “IDS” refers to its owners, its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers, volunteers and suppliers.

DISCLAIMER OF WARRANTIES

THE PATIENT PORTAL, ITS CONTENT AND ANY INFORMATION INCLUDED ON OR PROVIDED THROUGH THE PATIENT PORTAL IS PRESENTED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IDS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND LACK OF NEGLIGENCE OR WORKMANLIKE EFFORT. WITHOUT LIMITING THE FOREGOING PROVISIONS:

(1) YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE PATIENT PORTAL AND/OR ITS CONTENT TO ACHIEVEYOUR INTENDED RESULTS AND SOLE RESPONSIBILITY FOR THE USE OF, AND RESULTS OBTAINED FROM THE PATIENT PORTAL AND/OR ITS CONTENT;

(2) IDS MAKES NO REPRESENTATION OR WARRANTY THAT THE PATIENT PORTAL AND/OR ITS CONTENT OR ITS USE WILL BE ERROR-FREE, SECURE, VIRUS FREE, OR FREE FROM INTERRUPTIONS, DEFECTS OR OTHER FAILURES OR HARMFUL COMPONENTS OR THAT THE PATIENT PORTAL AND/OR ITS CONTENT WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT OR OTHER HARDWARE, SOFTWARE OR BROWSER CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED;

(3) IDS MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION OBTAINED FROM THIRD PARTY SOURCES (INCLUDING BUT NOT LIMITED TO ANY USERS OF THE PATIENT PORTAL) USED ON OR WITH THE PATIENT PORTAL OR RECEIVED IN CONNECTION WITH CONVERTING OR TRANSMITTING ANY DATA RECEIVED IN DIFFERENT FORMATS IS ACCURATE, TIMELY, OR ERROR FREE, AND IDS IS NOT RESPONSIBLE IN ANY WAY FOR THE INFORMATION OBTAINED FROM SUCH SOURCES;

(4) IDS MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED BY USERS TO GAIN ACCESS AND PERMISSION TO USE THE PATIENT PORTAL OR OTHER INFORMATION POSTED BY USERS IS ACCURATE OR ERROR FREE; AND

(5) IDS MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SUITABILITY OF ANY PERSONS PARTICIPATING IN THE PATIENT PORTAL OR REGARDING THE CHARACTER OR INTEGRITY OF SUCH PERSONS.

SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL IDS OR THE THIRD PARTIES MENTIONED ON THE PATIENT PORTAL BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY CHARACTER WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE PATIENT PORTAL AND/OR ITS CONTENT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY IDS OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE, AND EVEN IF IDS OR THE THIRD PARTIES MENTIONED ON THE PATIENT PORTAL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Violation of These Terms of Use

You agree that IDS may, in its sole discretion and without prior notice, terminate Your access to the Patient Portal, if IDS determines in its sole discretion that You have violated these Terms of Use.

IDS may disclose any information it has about You, including Your identity, if it determines that such disclosure is necessary as part of any investigation or complaint regarding Your use of the Patient Portal, or to identify, contact or bring legal action against someone who may be causing injury to or interference with IDS’s rights or property, or a Patient Portal visitor’s rights or property. IDS reserves the right to disclose any information IDS deems necessary to comply with any applicable law, regulation, or governmental rule, and also when it determines that applicable law permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that IDS may preserve any communication by You with IDS through the Patient Portal or any service offered on or through the Patient Portal, and may disclose such communications when required by law or if IDS deems that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to a claim that any communication, information posted on the Patient Portal, or Content violates the rights of others; or (4) protect the rights, property or personal safety of IDS and its employees, users of or visitors to the Patient Portal, and/or the public.

If IDS takes legal action against You as a result of Your violation of these Terms of Use, IDS will be entitled to recover from You, and You agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to IDS. You agree that IDS will not be liable to You or to any third party for termination of Your access to the Patient Portal or removal of any communication or posting of information by You, or contents thereof, as a result of any violation of these Terms of Use.

Void Where Prohibited

IDS reserves the right to limit, in its sole discretion, the provision and quantity of any Content, feature, product or service to any person or geographic area, whether by reason of the local laws applicable in such geographic area or otherwise. Any offer for any feature, product or service made on the Patient Portal is void where prohibited.

Modification or Termination of the Patient Portal

IDS may, in its sole discretion and without any liability, change, discontinue, make improvements to, modify, or suspend, any aspect or all of the Patient Portal, temporarily or permanently, at any time without prior notice.

Jurisdiction and Applicable Law

These Terms of Use shall be governed, construed and applied in all respects by the laws of the state of Florida, without regard to any provision governing conflicts of law. Any dispute arising out of, relating to, or connected with these Terms of Use or Your use of the Patient Portal shall be brought before the federal or state courts having jurisdiction in Broward County, Florida. By using the Patient Portal, You expressly consent to the personal jurisdiction and venue of such courts and waive any challenge thereto.

Miscellaneous

If any provision of these Terms of Use are ruled by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best furthers the intent of these Terms of Use, with all remaining provisions remaining in full force and effect.

These Terms of Use and the Privacy Policy constitute the entire agreement between You and IDS with regard to Your access and use of the Patient Portal. No counter-offers to these Terms of Use shall be accepted by IDS, and IDS rejects all such counter-offers.

IDS may assign its rights, in whole or in part, in the Patient Portal in accordance with its sole discretion. IDS’s failure or delay to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver of any provision or any right that IDS has to enforce these Terms of Use. These Terms of Use do not confer any rights or remedies on any third parties.

Updated by IDS on November 9, 2019.