Who we are, and who holds your records

AbbaDox is a trade name of IDS, Inc. (Integrated Document Solutions, Inc.) (“IDS,” “we,” “us” or “our”). IDS develops and operates the software that powers this Patient Portal.

Your imaging center, medical practice or hospital (your “Provider”) is the organization that performed your examination, created your images and reports, and decided to make them available to you through this Patient Portal. Your Provider is the “covered entity” under HIPAA and is the holder of your medical record. IDS operates the Patient Portal on your Provider’s behalf as its “business associate.”

In practice this means: your Provider decides what is released to you and when, resets your access, and answers questions about your care, your results and your bill. IDS keeps the Patient Portal running and secure. If you are not sure who your Provider is, it is the organization named on your appointment reminder, your bill or your referral.

These Terms of Use (“Terms”) govern your access to and use of the Patient Portal. They do not change, and are not a substitute for, any notice of privacy practices, consent or other agreement between you and your Provider.

Ownership and purpose of the Patient Portal

The Patient Portal (the “Patient Portal”) is owned and operated by IDS. Its purpose is to provide secure access to a web-based portal that helps patients view and manage medical records, imaging studies and reports, encounter documentation, and other healthcare-related items that their Provider has chosen to make available.

The Patient Portal is offered for your personal, non-commercial use in connection with your own care, or the care of a person you are lawfully authorized to act for.

Acceptance of these Terms

BY REGISTERING FOR, ACCESSING OR USING ANY PART OF THE PATIENT PORTAL, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PATIENT PORTAL.

These Terms are a legally binding agreement between IDS and you, whether you are using the Patient Portal for yourself, for a minor, or for a person for whom you are an authorized representative or caregiver (“you” or “your”). They remain in effect until you stop using the Patient Portal and cancel your registration.

Changes to these Terms

We may update these Terms from time to time. When we do, we will change the “last updated” date at the top of this page and post the revised Terms here.

If a change materially affects your rights or obligations, we will make reasonable efforts to give you notice before it takes effect (for example by email to the address on your account, or by a notice in the Patient Portal) and the change will not take effect sooner than the date stated in that notice. Continuing to use the Patient Portal after a change takes effect means you accept the revised Terms. If you do not accept them, stop using the Patient Portal and cancel your registration.

Who may use the Patient Portal

To register you must be a resident of one of the 50 United States or the District of Columbia, and you must be either:

18 years of age or older, registering for yourself; or
the parent, legal guardian or other representative of a patient, where your Provider has verified your authority to act for that patient and has granted you proxy access; or
a minor, where your Provider permits minors to hold their own account and has granted it.

Access for minors and access on someone else’s behalf are granted, limited and withdrawn by your Provider, not by IDS, and are subject to state law on the confidentiality of minors’ health information. Your Provider may restrict or end proxy access at any time, for example when a minor reaches an age at which state law gives them control of their own record.

When you register you will provide information about yourself, or about the person you are registering for. You certify that this information is true and accurate, and you authorize verification of it to the extent needed to protect the rights of IDS, your Provider or other users. Providing false information may result in termination of your access.

Your account and credentials

The Patient Portal requires a valid, working email address to register. You are solely responsible for maintaining the confidentiality of your username, password and any multi-factor authentication method, and for all activity that occurs under your credentials.

Do not allow anyone else to use your credentials. If you want another person to see your information, ask your Provider for proxy access rather than sharing your login. Sharing credentials gives that person everything in your record and leaves no record of who did what.

If you believe your credentials have been lost, stolen or used without your permission, or that your account security has otherwise been compromised, tell your Provider immediately and notify IDS at the address in “How to contact us” below. We are not liable for harm arising from your disclosure of your credentials to another person, or from your authorizing another person to use your account.

By registering, you consent to receive communications from IDS and your Provider electronically (including notices, disclosures, and messages about your account and your care) at the email address or mobile number associated with your account. You agree that electronic communications satisfy any legal requirement that such communications be in writing.

Message and data rates may apply. You may opt out of non-essential messages using the unsubscribe or STOP instructions in the message, or by contacting your Provider. You may not opt out of communications that are necessary to operate your account, such as security and password notices.

Email and text messages are not secure. Do not use them to send information you would not want read by someone else, and never use them for anything urgent.

Medical disclaimers

IF YOU HAVE A MEDICAL EMERGENCY, DO NOT USE THE PATIENT PORTAL. CALL 911 OR GO TO THE NEAREST EMERGENCY DEPARTMENT.

The Patient Portal is not monitored continuously and is not a way to obtain urgent care or an urgent response. Do not use it to report symptoms that need prompt attention.

Any content available on the Patient Portal is for informational and educational purposes only and is not a substitute for the professional judgment of a healthcare professional in diagnosing and treating patients. Neither the content nor any other service offered through the Patient Portal is intended to substitute for medical diagnosis or treatment. IDS does not recommend or endorse any specific drug, test, physician, product, procedure, opinion, off-label drug use or other information that may appear on the Patient Portal. Your reliance on any information obtained through the Patient Portal is solely at your own risk.

Results and reports may become visible to you before your Provider has discussed them with you. Imaging results in particular can be difficult to interpret without clinical context. Speak to your Provider about anything you do not understand rather than acting on it yourself.

IDS is not responsible for the accuracy of information provided or sent by you, by other users, or by your Provider. You are responsible for verifying the accuracy of information you send or receive, including your own health information, data and records.

Privacy, HIPAA and your health information

IDS operates the Patient Portal as a business associate of your Provider, and handles Protected Health Information (“PHI”) under a written business associate agreement with your Provider as required by the Health Insurance Portability and Accountability Act of 1996 and its regulations, and the HITECH Act (together, the “Privacy Laws”). In connection with the Patient Portal, IDS will:

not use or further disclose PHI other than as permitted or required by the Privacy Laws, by its agreement with your Provider, or as you have otherwise agreed;
use appropriate administrative, physical and technical safeguards to prevent unauthorized use or disclosure of PHI;
report to your Provider any use or disclosure of PHI not provided for by its agreement, including any breach of unsecured PHI, so that notification can be made in accordance with the HIPAA Breach Notification Rule and any applicable state law;
require that any subcontractor to whom it provides PHI agrees in writing to equivalent restrictions and conditions;
mitigate, to the extent practicable, the harmful effect of any unauthorized use or disclosure of PHI of which it becomes aware; and
on termination, return or destroy PHI in accordance with its agreement with your Provider and applicable law, or continue to protect it where return or destruction is not feasible.

Your Provider’s Notice of Privacy Practices, not these Terms, describes how your health information is used and disclosed for your care. Ask your Provider for a copy.

The requirements of this section survive termination of your use of the Patient Portal.

Your rights over your health information

Your rights under HIPAA (including the right to access, obtain a copy of, request amendment of, and receive an accounting of disclosures of your health information) are exercised through your Provider, because your Provider holds your medical record. IDS cannot release, amend or delete records on your behalf, and cannot decide what is made available to you.

Depending on where you live, you may also have rights under state privacy laws, for example the California Consumer Privacy Act as amended, the Washington My Health My Data Act, Nevada SB 370, and comprehensive privacy laws in other states. Many of these laws exempt information already covered by HIPAA. Where they apply to information we hold about you that is not PHI, requests should be directed to your Provider in the first instance, and IDS will support your Provider in responding.

Data retention

IDS retains information in the Patient Portal for as long as your Provider instructs and as required by applicable medical-record retention law, which commonly requires records to be kept for a period of years after the last encounter. Closing your Patient Portal account ends your online access; it does not delete your medical record, which remains with your Provider.

Availability, security and transmission over the internet

IDS uses means it believes are reasonable to make the Patient Portal available 24 hours a day, 7 days a week, subject to maintenance and to events beyond its control. IDS is not liable for any failure or deficiency in performance caused by maintenance, breakdown, or any event beyond its reasonable control, including fire, internet outage, interruption of service, labour disturbance, natural disaster, technological disaster, terrorism or war.

You acknowledge that data conversion and transmission are subject to human and machine errors, omissions, delays and losses, including inadvertent loss of data or damage to media. You understand that use of the internet is inherently insecure, and that information transmitted over it may be intercepted, diverted, corrupted, lost, accessed or disclosed without authorization. IDS is not responsible for the consequences of your connection to or use of the internet, or for any use by you of an internet connection in violation of any law, rule or regulation, or in violation of another party’s intellectual property rights.

Content and intellectual property

AbbaDox® and AbbaDox EHR® are federally registered service marks of IDS. These marks may not be used without permission. Any third-party trademarks appearing on the Patient Portal are the property of their respective owners.

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 or available on the Patient Portal (the “Content”), together with the arrangement, coordination, design, expression, look and feel, selection and structure of that Content. The Content is owned, controlled or licensed by or to IDS and is protected by copyright, trade dress, trademark and other intellectual property and unfair competition laws. IDS reserves all right, title and interest in the Content and the Patient Portal.

Your own health information is not “Content” owned by IDS. Except as expressly provided in these Terms or with IDS’s 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. You may of course download, print and keep your own records.

Prohibited conduct

You may use the Patient Portal only for lawful purposes. You agree that you will not:

infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret or other right of IDS, your Provider or any third party;
abuse, defame, harass or stalk any individual or other user;
interfere with, damage, or attempt to interfere with or damage the Patient Portal or its proper working, including through denial-of-service attacks, flood pings, forged routing or email address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses or similar methods;
use any deep link, page scrape, robot, spider or other automated device or process, or any equivalent manual process, to access, acquire, copy or monitor any part of the Patient Portal or Content, or to circumvent its navigational structure or presentation;
misrepresent your identity, provide false information, impersonate another person or entity, misrepresent your affiliation with a person or entity, create or use a false identity, or attempt to use another user’s account;
attempt to obtain unauthorized access to the Patient Portal;
transmit chain letters, junk mail, spam or other unsolicited solicitation;
collect, reverse look-up or trace information about other users or visitors without their express consent;
use meta tags or hidden text using the IDS name, service marks, trademarks or product or service names;
advertise, offer to sell or sell goods or services through the Patient Portal, or solicit other users, except as expressly permitted by IDS;
interfere with any third party’s ability to use or enjoy the Patient Portal;
probe, scan or test the vulnerability of the Patient Portal or any connected network, or breach its security or authentication measures;
impose an unreasonable or disproportionately large load on the Patient Portal, IDS’s systems or networks, or any connected systems or networks; or
assist any third party in engaging in any activity prohibited by these Terms.

Your representations, warranties and indemnification

You represent, warrant and covenant to IDS that: you have full power and authority to enter into and perform your obligations under these Terms; your assent to and performance of these Terms does not breach or conflict with any other agreement by which you are bound, or any applicable law, regulation or rule; you are able to form a legally binding contract; you will not infringe any intellectual property or proprietary right of IDS, your Provider or any third party; you have provided complete, truthful and accurate information; you are not using and will not use the Patient Portal or any information in it for any improper, harassing or unlawful purpose; and you will comply with all applicable laws, rules and regulations, including any applicable healthcare laws.

You agree to indemnify and hold harmless IDS and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members and managers (the “Indemnified Parties”) from any damages, losses, costs or expenses (including reasonable attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action brought against any of the Indemnified Parties: alleging facts that would constitute a breach by you of these Terms; arising from or connected with your use of the Patient Portal or its Content; or arising from or connected with your non-compliance with any healthcare law or regulation, including the Privacy Laws. This does not apply to the extent a claim arises from IDS’s own negligence or willful misconduct.

Disclaimers, exclusions and limitations

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

DISCLAIMER OF WARRANTIES. THE PATIENT PORTAL, ITS CONTENT AND ANY INFORMATION PROVIDED THROUGH IT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IDS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND LACK OF NEGLIGENCE OR WORKMANLIKE EFFORT. WITHOUT LIMITING THE FOREGOING:

YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE PATIENT PORTAL AND ITS CONTENT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE OF AND RESULTS OBTAINED FROM THEM;
IDS MAKES NO REPRESENTATION OR WARRANTY THAT THE PATIENT PORTAL OR ITS CONTENT WILL BE ERROR-FREE, SECURE, VIRUS-FREE, OR FREE FROM INTERRUPTIONS, DEFECTS, OTHER FAILURES OR HARMFUL COMPONENTS, OR THAT IT WILL SATISFY YOUR REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT, SOFTWARE OR BROWSER, OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED;
IDS MAKES NO REPRESENTATION OR WARRANTY THAT INFORMATION OBTAINED FROM THIRD-PARTY SOURCES, INCLUDING OTHER USERS, IS ACCURATE, TIMELY OR ERROR-FREE, AND IS NOT RESPONSIBLE FOR SUCH INFORMATION;
IDS MAKES NO REPRESENTATION OR WARRANTY THAT INFORMATION PROVIDED BY USERS TO GAIN ACCESS TO THE PATIENT PORTAL, OR OTHERWISE POSTED BY USERS, IS ACCURATE OR ERROR-FREE; AND
IDS MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SUITABILITY, CHARACTER OR INTEGRITY OF ANY PERSON PARTICIPATING IN THE PATIENT PORTAL.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING IS 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 DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PATIENT PORTAL OR ITS CONTENT, OR OTHERWISE IN CONNECTION WITH THESE TERMS, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS MAY NOT APPLY TO YOU. THE FOREGOING IS ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

NOTHING IN THESE TERMS LIMITS ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, AND NOTHING IN THESE TERMS AFFECTS YOUR RIGHTS UNDER THE PRIVACY LAWS.

Violation of these Terms

IDS may, in its sole discretion and without prior notice, terminate your access to the Patient Portal if it determines that you have violated these Terms.

IDS may disclose information about you, including your identity, where it determines that disclosure is necessary as part of an 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 the rights or property of IDS or of a Patient Portal user. IDS may disclose information it deems necessary to comply with any applicable law, regulation or governmental request. Any such disclosure of PHI is made in accordance with the Privacy Laws.

IDS may preserve communications you make through the Patient Portal, and may disclose them where required by law or where it reasonably believes preservation or disclosure is necessary to comply with legal process, enforce these Terms, respond to a claim that content violates the rights of others, or protect the rights, property or personal safety of IDS, its employees, users, or the public.

If IDS takes legal action against you as a result of your violation of these Terms, it is entitled to recover its reasonable attorneys’ fees and costs, in addition to any other relief granted. IDS is not liable to you or any third party for terminating your access or removing content as a result of a violation of these Terms.

Accessibility

We want the Patient Portal to be usable by everyone, including people who use assistive technology. If you encounter a barrier that prevents you from accessing your information, contact your Provider so they can help you get your records another way, and tell us using the details below so we can fix it.

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 local law 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 change, discontinue, improve, modify or suspend any aspect or all of the Patient Portal, temporarily or permanently. Where a change would materially reduce the functionality you rely on, IDS will make reasonable efforts to give notice through your Provider or in the Patient Portal. Ending the Patient Portal does not affect your right to obtain your records from your Provider.

Governing law and venue

These Terms are governed, construed and applied in all respects by the laws of the State of Florida, without regard to its conflict-of-laws provisions. Any dispute arising out of, relating to or connected with these Terms 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 consent to the personal jurisdiction and venue of those courts and waive any challenge to them.

Nothing in this section prevents you from bringing a complaint to a regulator, including the U.S. Department of Health and Human Services Office for Civil Rights.

Miscellaneous

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be void or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best furthers the intent of these Terms, and the remaining provisions shall remain in full force and effect.

These Terms, together with your Provider’s notice of privacy practices and any agreement between you and your Provider, constitute the entire agreement between you and IDS regarding your access to and use of the Patient Portal. IDS does not accept counter-offers to these Terms.

IDS may assign its rights, in whole or in part, in the Patient Portal at its discretion. IDS’s failure or delay in enforcing these Terms is not a waiver of any provision or right. These Terms do not confer rights or remedies on any third party, except that your Provider is an intended beneficiary of the provisions that concern it.

How to contact us

Questions about your records, your results, your access or your bill should go to your Provider; they hold your record and can act on it.

Questions about these Terms, or about a security or accessibility problem with the Patient Portal itself, can be sent to IDS, Inc. (AbbaDox) at privacy@abbadox.com. [CONFIRM THIS ADDRESS AND ADD A POSTAL ADDRESS BEFORE PUBLICATION.]

AbbaDox Patient Portal Terms of Use