(CareNotify is the application used by the patient. The CareNotify Terms and Conditions are produced in collaboration by FollowMyHealth and the Provider Organization. Depending on the provider organization’s branding preference, the application may be branded as the provider organization’s application. If not branded for the provider organization, the application would be branded to the consumer as ‘CareNotify’)
The Facility/Organization offers its patients the use of CareNotify as a courtesy. CareNotify uses encryption to reduce the risk that unauthorized persons will read communications, information or attachments in the application. A secure link will only be sent to the phone number on file within the patient’s record via text message, where Message and Data rates may apply. The receiver of the text message will also have to authenticate using the patient’s last name and date of birth in order for information to be viewed.
By using this application, you agree to the below terms and conditions:
These Terms and Conditions of Use apply only to your use of CareNotify and do not apply to any other activities by the Facility.
Information available in CareNotify is encrypted, which is a way of protecting electronic information. While encryption reduces the risk that someone else will see your information, there are some risks to you that you should understand before utilizing CareNotify. Some helpful things to keep in mind include:
The Facility, its physicians and staff are not responsible to you if you do not follow the Rules for Safe use of CareNotify. You are responsible for any activity that occurs as a result of permitting another person or entity to access your information on CareNotify.
All rights, title and interest in and to CareNotify and in the Content are the sole and exclusive property of the Facility/Organization, its licensors, and/or other third parties. CareNotify is protected by the copyright laws of the United States and other intellectual property laws. Nothing in the Terms and Conditions of Use transfers any proprietary rights to you. You agree that all rights, title, and interest in and to any Content provided by third parties is the property of the respective third party content owners and may be protected by applicable copyright or other intellectual property laws.
NEITHER THE FACILITY/ORGANIZATION NOR ANY OF ITS LICENSORS, AGENTS, CONTRACTORS, OR SUBCONTRACTORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT. INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USECARENOTIFY, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH CARENOTIFY IS TO CEASE TO USECARRENOTIFY.
You agree to defend, indemnify, and hold harmless the Facility/Organization and its licensors from any and all claims, losses, damages, fines, penalties, costs, expenses, and liabilities (including, without limitation, attorneys’ fees) in connection with or arising out of your: (a) violation or breach of any provision of the Terms and Conditions of Use or any applicable law or regulation, whether or not referenced herein; (b) violation of any rights of any third party; and/or (c) your use or misuse of CareNotify. In the event you violate the Terms and Conditions of Use, we reserve the right to seek any and all remedies available in law and in equity.
THE USE OF CARENOTIFY IS SOLELY AT YOUR OWN RISK. ALL INFORMATION, INCLUDING ANY CONTENT, IS PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FACILITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OR ANY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE FACILITY. THE FACILITY MAKES NO WARRANTY THAT CARENOTIFY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
CareNotify and these Terms and Conditions of Use will be governed by and construed in accordance with the laws of the state in which the Facility/Organization resides without regard to any principles of conflicts of laws. Venue with respect to any dispute between you and the Facility/Organization will rest exclusively in the state or federal courts located in the state in which the Facility/Organization resides. You agree that any cause of action or claim that you may have must be made within one year of when the cause of action accrued. You acknowledge that the Terms and Conditions of Use is the complete statement of the agreement between you and Facility/Organization with respect to CareNotify and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to CareNotify. There is no agency, partnership, joint venture, or physician-patient relationship between you and Facility/Organization arising solely through the use of CareNotify. If any provision of the Terms and Conditions of Use is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. A waiver of a breach of any provisions to the Terms and Conditions of Use will not constitute a waiver of any other breach. You are not allowed to assign the Terms and Conditions of Use or any rights hereunder. The Facility/Organization will not be liable to you for any loss resulting from the failure of equipment, communication s lines, unauthorized access, viruses, extraordinary weather, other acts of God, or any circumstance outside of Facility’s/Organization’s control.