PATIENT PORTAL TERMS AND CONDITIONS

1. Eligibility and Account Registration

1.1 Eligibility

You must be at least 18 years old or have the consent of a parent or legal guardian to use the Portal. If you are registering on behalf of a minor or another individual (e.g., as a parent, guardian, or caregiver), you represent that you have the legal authority to act on their behalf and agree to these Terms for them.

1.2 Account Creation

To use the Portal, you must create an account by providing accurate and complete information, including your name, contact details, and any other required information. You are responsible for maintaining the confidentiality of your account credentials (e.g., username and password) and for all activities conducted through your account.

1.3 Account Security

You agree to notify the Practice immediately at [Practice Contact Information] if you suspect unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

2. Use of the Patient Portal

2.1 Permitted Use

The Portal is intended for your personal use to manage your healthcare with our Practice. You may use the Portal to:

• View and download portions of your medical records (e.g., lab results, visit summaries);
• Communicate with our staff via secure messaging;
• Schedule or cancel appointments;
• Request prescription refills; and
• Pay bills or view billing information.

2.2 Prohibited Use

You agree not to:

• Use the Portal for any unlawful, fraudulent, or unauthorized purpose;
• Attempt to access, modify, or disclose another patient's information;
• Share your account credentials with others;
• Introduce viruses, malware, or other harmful code to the Portal;
• Reverse-engineer, hack, or interfere with the Portal's functionality; or
• Use the Portal to send spam, harassing messages, or inappropriate content.

2.3 Accuracy of Information

You are responsible for ensuring that all information you provide through the Portal (e.g., health history, contact details) is accurate, complete, and up-to-date. We are not responsible for errors or delays caused by inaccurate or incomplete information you provide.

3. Privacy and Protected Health Information (PHI)

3.1 Privacy Policy

Your use of the Portal is subject to our [Notice of Privacy Practices], which explains how we collect, use, and disclose your protected health information (PHI) in accordance with the Health Insurance Portability and Accountability Act (HIPAA) and other applicable laws. By using the Portal, you acknowledge receipt of our Notice of Privacy Practices.

3.2 Consent to Electronic Communications

By using the Portal, you consent to receive electronic communications from us, including secure messages, appointment reminders, and health information, via the Portal or email. You understand that email, texts and similar electronic communications outside of the Portal may not be fully secure. You agree to use the Portal's secure messaging feature for sensitive information (e.g., PHI) rather than regular email or text.

3.3 Data Use by the Practice

You authorize us to use and disclose your PHI as necessary to:

• Provide healthcare services, including sharing information with other providers involved in your care;
• Operate and maintain the Portal, including technical support and system improvements;
• Comply with legal or regulatory requirements (e.g., public health reporting); and
• Support quality improvement, analytics, or research, provided such use complies with HIPAA and involves deidentified data where required.

4. Access to Health Information

4.1 Availability of Records

The Portal provides access to select portions of your medical records, such as lab results or visit summaries, as determined by the Practice. Not all health information may be available through the Portal, and some records may require an in-person request or additional verification.

4.2 Accuracy of Records

While we strive to ensure the accuracy of information in the Portal, errors may occur. If you believe any information is inaccurate, please notify us immediately at [Practice Contact Information]. We are not liable for any decisions you make based on information accessed through the Portal.

5. Technical Requirements and Availability

5.1 Technical Requirements

You are responsible for maintaining compatible devices, internet access, and software (e.g., updated browsers) to use the Portal. We are not responsible for issues arising from your failure to meet these requirements.

5.2 Availability

The Portal is provided on an “as-is” and “as-available” basis. We may temporarily suspend access for maintenance, upgrades, or other reasons, with or without notice. We are not liable for any interruptions, delays, or unavailability of the Portal.

5.3 Third-Party Risks

The Portal may link to third-party websites or services (e.g., payment processors). We are not responsible for the content, security, or practices of these third parties. Your use of such services is at your own risk.

6. Termination of Access

6.1 Termination by Practice

We may suspend or terminate your access to the Portal at our discretion, including if:

• You violate these Terms;
• You misuse the Portal or engage in prohibited activities;
• Your relationship with our Practice ends (e.g., you are no longer a patient); or
• We discontinue the Portal or change its functionality.

6.2 Termination by You

You may stop using the Portal at any time by notifying the Practice at [Practice Contact Information] to deactivate your account.

6.3 Effect of Termination

Upon termination, your access to the Portal will cease, but we may retain your information as required by law or our retention policies, in accordance with HIPAA and our Notice of Privacy Practices. These Terms, including provisions on privacy, liability, and indemnification, shall survive termination.

7. Limitation of Liability

7.1 No Warranties

The Portal is provided “as-is” without warranties of any kind, express or implied, including warranties of accuracy, reliability, or fitness for a particular purpose. We do not guarantee that the Portal will be error-free, secure, or uninterrupted.

7.2 Liability Cap

To the maximum extent permitted by law, the Practice, its affiliates, and the Vendor shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of data, personal injury, or financial loss, arising from your use of or inability to use the Portal. Our aggregate liability for any claims related to the Portal shall not exceed $100.

7.3 Healthcare Risks

You acknowledge that the Portal is not a substitute for professional medical care. We are not liable for any health outcomes or decisions made based on information accessed through the Portal.

8. Indemnification

You agree to indemnify, defend, and hold harmless the Practice, its affiliates, officers, employees, and the Vendor from any claims, liabilities, damages, or expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms;
• Your misuse of the Portal;
• Inaccurate or unauthorized information you provide; or
• Your failure to comply with applicable laws, including HIPAA.

9. Governing Law and Dispute Resolution

9.1 Governing Law

These Terms shall be governed by the laws of Texas without regard to its conflict-of-law principles, and applicable federal laws, including HIPAA.

9.2 Mandatory Arbitration

Any dispute arising out of or relating to these Terms or your use of the Portal shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Dallas, Texas, or virtually, by a single arbitrator. Each party shall bear its own costs, and the arbitrator's decision shall be final and binding. You waive any right to participate in a class action or consolidated proceeding.

9.4 Exceptions

Either party may seek injunctive relief in a court of competent jurisdiction to prevent unauthorized disclosure of PHI or protect intellectual property rights.

10. Changes to Terms

We may update these Terms at any time by posting the revised version on the Portal or notifying you via email or Portal message. Your continued use of the Portal after such changes constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Portal.

11. Miscellaneous

11.1 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

11.2 Entire Agreement

These Terms, along with the Practice's Notice of Privacy Practices, constitute the entire agreement between you and the Practice regarding your use of the Portal.

11.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights.

11.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms to a successor entity (e.g., in case of a practice merger).

12. Contact Information

If you have questions about these Terms or the Portal, please contact the Practice at: