MyMonHealth Terms of Use

MyMonHealth Terms of Use

Overview

MyMonHealth is operated by Cerner Corporation (Cerner) and provided to you by Mon Health Medical Center. MyMonHealth provides a view into your Electronic Medical Record (EMR) which is maintained by Mon Health Medical Center and gives you some ability to securely communicate with some doctors, and/or their staff members at Mon Health Medical Center. MyMonHealth is governed by these Terms of Use (Terms). If you do not agree to these Terms, you may not establish a MyMonHealth connection. By your use and access to MyMonHealth, you agree to be bound by these Terms.

Accessing MyMonHealth

Use of MyMonHealth is by invitation only. The patient or proxy (explained below) will be offered an invitation during an encounter at the hospital.  A photo or other acceptable ID will be required to prove identity and a proxy request form must be signed by both the proxy and the patient.  The invitation will be sent to the patient or proxy by email. The email message will contain a link to sign up for MyMonHealth.

You must be at least 18 years old or an emancipated minor to establish a MyMonHealth connection. When you request your invitation to join MyMonHealth, register, login and use MyMonHealth, you do so as yourself and not as an impersonation of someone else.  Every user of MyMonHealth, as a patient or a trusted family member or friend (a Proxy user), will have an individual userid and password assigned.  You may not permit any other person to access MyMonHealth using your user name and password. The security of your password, and the use of your account, is your responsibility. If you learn or suspect that your user name or password has been wrongfully used or disclosed, you should promptly notify Cerner’s Helpdesk at (877) 621-8014, and immediately reset your password. (You can do this in one of two ways:  from the MyMonHealth / Cerner Health login screen, select “Forgot Password?”.  This will send you an email with a link to then reset your password.  Or, you can login to MyMonHealth, take the Account Settings link in the maroon bar at the top and change your password from there.)

Your Information

The information available for you to view through MyMonHealth may not be a comprehensive view of all the data in your EMR at Mon Health Medical Center. Your interactions with MyMonHealth are interactions with Mon Health Medical Center. You agree not to post or transmit any information through MyMonHealth that infringes the rights of others or violates their privacy or publicity rights, in particular (without limitation) you must not post or transmit material which is of a bullying, harassing or discriminatory nature.

Maintaining Another Person's Connection

If you are legally authorized to view another person's health information, Mon Health Medical Center may give you access to MyMonHealth for that person, subject to these Terms. Various federal and state regulations prohibit sharing certain categories of sensitive information with anyone other than the patient. As such, Mon Health Medical Center may restrict your access to the other person's sensitive information and not make it available to you through MyMonHealth.

Proxy Use of MyMonHealth

You may also authorize a proxy(ies) to view and interact with MyMonHealth based on the specific privileges you've assigned. You may authorize any person who qualifies for a MyMonHealth connection, including a minor, to be a proxy. If you have agreed to allow a minor to be a proxy, you agree that you shall be solely responsible for: (a) acceptance of these Terms on the minor's behalf, (b) the minor's compliance with these Terms, (c) the on-line conduct of such minor; (d) monitoring such minor's access to and use of MyMonHealth; and (e) the consequences of such minor's use. Access or privileges you give to someone can be modified or removed by you at any time, for any reason.

When you share information from MyMonHealth with another individual, you acknowledge and accept responsibility for the decision to provide them access to confidential and potentially sensitive information.

Disclosure of Information

Cerner may, in Cerner's sole and reasonable discretion, disclose any information necessary from MyMonHealth to satisfy applicable law, regulation, legal process or governmental request.

Privacy

You agree to the terms and conditions of the MyMonHealth Privacy Policy, which is incorporated into and made part of these Terms.

Third Party Programs, Activities and Services

MyMonHealth does not endorse any programs, activities or services offered by organizations other than Cerner or Mon Health Medical Center. MyMonHealth makes no warranty of any kind as to the accuracy, completeness or appropriateness of any such programs, activities and services.

External Links

In order to provide you with greater value, Cerner and Mon Health Medical Center may provide you with links to various third party Web sites. Even if a third-party affiliation exists between Cerner or Mon Health Medical Center and that destination site, neither Cerner nor Mon Health Medical Center exercises any authority over linked sites, each of which maintains independent privacy and data collection policies and procedures. Cerner and Mon Health Medical Center assume no responsibility or liability for these independent methods or actions and is not responsible for the independent policies or procedures of destination sites. Similarly, neither Cerner nor Mon Health Medical Center can take responsibility for the privacy initiatives or the content of such Web sites. These destination links are provided only for your convenience, and as such, you access them at your own risk.

No Medical Advice; No Warranties; Limitation of Liability

MyMonHealth is an information management tool only and is for your personal and non-commercial use. Cerner does not provide medical advice. You and Mon Health Medical Center are responsible for all medical treatment decisions. You should consult your physician or other care provider about any questions you may have regarding the information provided by MyMonHealth. YOU ACKNOWLEDGE AND AGREE THAT NEITHER CERNER NOR Mon Health Medical Center HAS REPRESENTED MyMonHealth AS HAVING THE ABILITY TO DIAGNOSE DISEASE, PRESCRIBE TREATMENT, OR PERFORM ANY OTHER TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE OR OF OTHER PROFESSIONAL OR ACADEMIC DISCIPLINES. CERNER, ITS SUPPLIERS, AND Mon Health Medical Center MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF MyMonHealth. MyMonHealth IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CERNER, ITS SUPPLIERS AND Mon Health Medical Center HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO MyMonHealth, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER CERNER, ITS SUPPLIERS NOR Mon Health Medical Center WILL BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN MyMonHealth. YOU ASSUME ALL RISK FOR SELECTION AND USE OF MyMonHealth.

NEITHER CERNER, ITS SUPPLIERS NOR Mon Health Medical Center WILL BE LIABLE FOR ANY DAMAGES EXCEEDING THE GREATER OF (A) THE FEES PAID BY YOU FOR YOUR MyMonHealth CONNECTION, OR (B) ONE HUNDRED DOLLARS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MyMonHealth, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MyMonHealth.

Feedback

Cerner and Mon Health Medical Center welcome your suggestions to improve MyMonHealth. If you provide feedback to Cerner or Mon Health Medical Center through our Contact Us form, you agree that such feedback, including all ideas and concepts within the feedback, shall be the property of Cerner, if part of Cerner Health. If required by Cerner, you agree to assign to Cerner your ownership rights in the feedback.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CERNER, ITS SUPPLIERS AND Mon Health Medical Center HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, AND EXPENSES ARISING OUT OF OR RELATED TO YOUR USE OF MyMonHealth.

Termination

Cerner may terminate the MyMonHealth services at any time. Cerner may terminate or suspend your access to MyMonHealth and may delete your account, at any time, without providing notice to you.

When a minor reaches the age of 18, proxy access to that account, (such as by a parent), will be revoked.  It is the responsibility of the minor to request a reactivation of the account for the minor, where a positive patient ID may be confirmed.

No Unlawful or Prohibited Use

You may not use MyMonHealth for any purpose that is unlawful or prohibited by these Terms. You may not use MyMonHealth in any manner which could damage, disable, overburden, or impair MyMonHealth or interfere with any other party's use and enjoyment of MyMonHealth. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided to you through MyMonHealth.

Notices

Cerner may deliver notice to you by means of electronic mail (to the email address provided within your Cerner Health account), a general notice on the MyMonHealth website, or by written communication delivered by first class U.S. mail to your address on record in Cerner's account information. You may give notice to Cerner at any time by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

Cerner Corporation
2800 Rockcreek Parkway
Kansas City, Missouri 64117 U.S.A.
Attention: Chief Legal Officer

General

These terms are governed by the laws of the State of West Virginia, U.S.A. You consent to the exclusive jurisdiction and venue of courts in Monongalia County, West Virginia, U.S.A. in all disputes arising out of or relating to the use of MyMonHealth. Any cause of action or claim you may have with respect to Cerner or its suppliers must be commenced within one (1) year after the claim or cause of action arises. Cerner's failure to enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. Cerner may assign its rights and duties to any party at any time without notice to you.

Cerner's performance of these terms is subject to existing laws and legal process, and nothing contained in these terms is in derogation of Cerner's obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of MyMonHealth or information provided to or gathered by Cerner with respect to such use. If any part of these terms is determined to be invalid or unenforceable then the invalid or unenforceable provision shall be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms shall continue in effect. Unless specified otherwise as you use MyMonHealth, these terms constitute the entire agreement between you and Cerner and Mon Health Medical Center, with respect to MyMonHealth and these terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Cerner with respect to MyMonHealth.

Modification of Terms

Cerner may change these terms of use at any time without advance notice to you. You are responsible for regularly reviewing these terms of use. Your continued use of MyMonHealth constitutes your acceptance of the revised terms.

Copyright and Trademark Notices

All contents of the MyMonHealth Web site is: Copyright 2011, Cerner Corporation, 2800 Rockcreek Parkway, North Kansas City, Missouri 64117, U.S.A. All rights reserved. Material found on the MyMonHealth Web site contains the valuable properties of MyMonHealth, embodying substantial creative efforts, no part of which may be reproduced or transmitted in any form or by any means, or retained in any storage or retrieval system, without the express written permission of Cerner.

Any rights not expressly granted herein are reserved.

Effective: 10 January 2013