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New Jersey Urology, LLC MyChart Terms and Conditions of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WITH NEW JERSEY UROLOGY, LLC AND ITS AFFILIATES ("NJU") AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND NJU REGARDING YOUR USE OF MYCHART.

"You” or “Your” means the patient whose record is maintained in MyChart. The use of the words "we", "our," “us” and "NJU" means New Jersey Urology, LLC and its affiliates. The use of the word "PROXY” means a representative, authorized by you and/or authorized by applicable law, who may access portions of your medical record through MyChart.

You should familiarize yourself with these terms and conditions because they establish your rights and responsibilities as a user of MyChart. We understand that the privacy and security of your personal health information is important and use our best efforts to protect that privacy. However, please keep in mind that your health information may not be secure as a result of a number of factors inherent in web-based, password protected internet access.

New Jersey Urology & EPIC

NJU has partnered with a company called Epic Systems Corporation to create a web-based Personal Health Record (“PHR”) called MyChart, which is designed as a secure Internet-based environment through which you may receive certain confidential medical information about you that is released at the discretion of your physician. MyChart will provide a convenient way for you to collect, manage or share your personal health information online.

To use MyChart, you must accept these Terms of Use by clicking "I accept" below. If you do not accept the Terms of Use, you will not be able to use MyChart.

MYCHART

 

We grant you a personal, revocable, nonexclusive, nontransferable and limited license and right solely in connection with your direct personal, non-commercial use to access and use MyChart. You represent, warrant and agree that you will use MyChart only for its intended purpose and will not use MyChart for any purpose or in any manner that is prohibited by these Terms or by applicable law.

 

MYCHART ACTIVATION

 

MyChart will be activated when you create an account. When you create a MyChart account with us, you represent that you are age 18 or older, and that the information that you provide us is accurate, complete and current at all times. You agree to accept responsibility for all activities or actions that occur under your account or password, whether your password is with our service or a third party service provider. You must notify NJU immediately in the event that you become aware of a breach of security or unauthorized use of your account.

 

PHR DATA

 

Your MyChart account will contain protected health information (PHI) and personal identifiable information (PII) (collectively “PHR Data”). You may choose to share your PHR Data with your physician or a family member, but only you will be given a password to access your PHI. If you choose to invite one or more individuals such as a spouse, adult child or other trusted person (“PROXY”) to access and use MyChart on your behalf, they will be given a unique password to access your personal health information.

  • PHR Data might include, but is not limited to:
    • Your name and contact information, such as your address, phone number, or email address;
    • Your medical history, conditions, treatments, and medications. This may include information of a sensitive nature, such as psychological or psychiatric impairment; drug abuse and/or alcoholism; tuberculosis; genetic testing, genetic information, genetic familial history, sexually transmitted diseases, and acquired immunodeficiency syndrome (AIDS) and/or tests for infection with human immunodeficiency virus (HIV);
    • Your healthcare claims, health plan account numbers, bills, and insurance information;
    • Demographic information, such as your age, gender, ethnicity, and occupation; and
    • Computer information, such as your IP address and "cookie" preferences.
  • NJU (and its service partners such as Epic) may use your PHR Data to:
    • Operate and manage its MyChart platform, software, and website;
    • Maintain and protect its computer systems;
    • Contact you through the email you provided as your user name to send you updates and messages about your MyChart account or Direct ; and
    • Comply with the law.

 

INFORMATION COLLECTED AND STORED AUTOMATICALLY

 

Once you have signed into the MyChart site, it will automatically gather and store certain information about your visit. This information does not identify you personally.

We automatically collect and store only the following information about your visit:

  • The Internet domain (for example, "xcompany.com") and IP address (an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web) from which you access our web site.
  • The date and time you access our site.
  • The pages you visit.


We use this information to help us audit our site and make our site more useful to visitors.

 

APPOINTING A PROXY

 

You will be able to invite one or more individuals such as a spouse, adult child or other trusted person ("PROXY") to access and use MyChart on your behalf, by logging into MyChart and clicking on the "Request Family Access" link. You must complete the online Proxy Request form and indicate that you are authorizing another adult to have access to your medical information, including all sensitive information. If you choose a PROXY, it is your responsibility to choose an appropriate PROXY and NJU is not responsible for actions taken by your PROXY.

 

ABOUT PROXYS

 

Once your PROXY accepts the invitation, he or she will have their own username and password and will be able to view messages, send messages, view data, update certain profile information and add pharmacy information to MyChart. A PROXY cannot add or delete another PROXY, change your email account, username or password. Your PROXY is solely responsible for any sharing of your PHR content that he or she intentionally or unintentionally communicates to others. PROXYs must read, accept and adhere to these Terms of Use prior to gaining access to MyChart.

 

REMOVING A PROXY

 

You can electronically terminate your PROXY’s access at any time by logging into your MyChart account, clicking on the “Request Family Access” link and then click on the “Revoke Access” button.

 

MEDICAL

 

  • THE PHR IS PROVIDED "AS IS" FOR YOUR INFORMATION ONLY. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
  • NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN YOUR MYCHART ACCOUNT.
  • YOUR MYCHART ACCOUNT MAY NOT CONTAIN YOUR ENTIRE MEDICAL RECORD OR COMPLETE INFORMATION.
  • INFORMATION IN MYCHART IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS.

 

PRIVACY AND SECURITY

NJU considers your privacy to be of vital importance. NJU has implemented appropriate privacy and security policies and procedures, in compliance with U.S. law, including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA) as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH), to prevent the unauthorized access, use, disclosure, alteration or destruction of your protected health information.

Although NJU and its Epic Systems Corporation have safeguards in place to protect your health information, at times security incidents may occur which are beyond our control. In such an event, you will be notified of the incident as soon as possible and will be provided with steps to take to protect yourself from any harm.

LINKS

 

When using MyChart, you may sometimes be linked to third party websites. NJU is not responsible for the information or materials contained on any third party web sites, or on web sites that provide links to MyChart. Links from MyChart are provided for convenience only and are not intended as an endorsement by NJU of the organization or individual operating the third party website or application, or a warranty of any type regarding either the third party website or application, or the information on the third party web site or application. NJU shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products or services available on or through such third party websites or applications. By accessing a third party website, you will be subject to the Terms and Conditions and Privacy Practices of the third party site.


Your MyChart account provides the ability for you to utilize third party healthcare applications that can integrate with your MyChart health information. MyChart contains tools to help you manage your permissions and authentication for any third party application to access and import your health information. By accessing a third party application, you will be subject to the Terms and Conditions and Privacy Practices of the third party application.

 

DISCLAIMER OF WARRANTIES

 

NJU PROVIDES MYCHART "AS IS" WITH ALL FAULTS AND MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING MYCHART, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PROGRAMS, PRODUCTS, OR SERVICES, OR OTHER MATERIAL PROVIDED THROUGH MYCHART, OR OF RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NJU MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT YOUR ACCESS TO MYCHART WILL BE SUCCESSFUL, UNINTERRUPTED, TIMELY, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.

 

LIMITATION OF LIABILITY

 

IN NO EVENT WILL NJU OR ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, CONTRACTORS, VOLUNTEERS, SPONSORS AND AGENTS (NJU PARTIES") BE LIABLE TO YOU, ANYONE CLAIMING BY, THROUGH OR UNDER YOU, OR ANYONE ELSE FOR (i) ANY DECISION OR ACTION TAKEN, OR NOT TAKEN, IN RELIANCE UPON THE INFORMATION CONTAINED OR PROVIDED THROUGH MYCHART, (ii) CLAIMS ARISING OUT OF OR RELATED TO MYCHART, (iii) YOUR USE OF MYCHART, (iv) USE OR DISCLOSURE OF YOUR PERSONAL OR MEDICAL INFORMATION OR (v) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY ARISING OUT OF OR ALLEGED TO ARISE OR BE CAUSE BY IN CONNECTION WITH, WITHOUT LIMITATION: (A) YOUR USE OF THE CONTENT OR NJU VIDEO SYSTEM, OR (B) THE USE OF OR RELIANCE ON ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES, (C) ANY INACCURACY, ERROR, OR DELAY IN, OR OMISSION OF ANY INFORMATION OR THE TRANSMISSION OR DELIVERY OF INFORMATION, AND ANY LOSS OR DAMAGE ARISING THEREFROM, (D) ANY NEGLIGENCE OF NJU OR ITS AGENTS, OR ANY FORCE MAJEURE EVENT, UNAUTHORIZED ACCESS OR THEFT, OPERATOR ERRORS, COMMUNICATIONS OR SYSTEMS FAILURES OR ANY EVENT OUTSIDE OF THE CONTROL OF NJU; (E) ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE OR SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE NJU VIDEO SYSTEM OR SERVICE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, IN SUCH JURISDICTIONS THE NJU PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED ONE THOUSAND ($1000.00) UNITED STATES DOLLARS. YOU'RE SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

TERMINATION

 

NJU HAS THE RIGHT TO ENFORCE MYCHART AND PROXY USE GUIDELINES IN ITS SOLE DISCRETION. IN RESPONSE TO A VIOLATION, NJU MAY TAKE ACTION AGAINST YOUR ABILITY TO USE MYCHART AND PROXY USE RANGING FROM ISSUANCE OF A WARNING ABOUT A VIOLATION TO TERMINATION OF YOUR ACCOUNT AND/OR PROXY USE. NJU SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR OR YOUR PROXY’S REGISTRATION OR ACCESS TO MYCHART.

 

GOVERNING LAW

 

These Terms and the relationship between you and NJU shall be governed by the law of the State of New Jersey and those of the United States without regard to any conflict of law rules. You and NJU agree to submit to the exclusive and personal jurisdiction and venue for any dispute in the state and Federal courts of State of New Jersey. Any cause of action you may have with respect to MyChart or these Terms must be commenced within one (1) year after the claim or cause of action arose.

 

INDEMNIFICATION

 

You agree to defend NJU against all claims, proceedings, demands, or actions arising from or relating to your use of MyChart, or your breach of these Terms and Conditions (each a “Claim”) and you shall indemnify and hold NJU harmless from and against any expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us, at our request, in the defense of any such Claim.

 

INTELLECTUAL PROPERTY RIGHTS

 

Except where otherwise noted, all material, content, data and any other information of MyChart, including all software, interfaces, design, organization and all database rights therein, are owned by and are legally protected under intellectual property laws (“Content”). The product names and trademarks used on MyChart are the registered and/or unregistered marks of NJU or its licensors ("Trademarks"). You may not copy or use any Content or Trademarks in any way.

 

CHANGES TO TERMS OF USE

 

These Terms of Use may be amended by NJU at any time without notice. Your next use of MyChart without objection shall be deemed acceptance of the new Terms of Use.

 

COMPLETE AGREEMENT

 

You agree that the Terms of Use referenced herein set forth the entire understanding between you and NJU. You further agree that if any portion of the Terms of Use is held invalid, the balance shall continue in full force and effect.

FOR ALL MEDICAL EMERGENCIES, IMMEDIATELY DIAL 911. DO NOT USE THIS CONVENIENCE TOOL TO COMMUNICATE MEDICAL EMERGENCIES.

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