Duke MyChart terms of conditions and use
May 1, 2015
The Duke MyChart service ("MyChart") is provided solely for the convenience of patients of Duke University Health System, the Private Diagnostic Clinic, and certain other members of the Duke Health Enterprise, as identified in its Notice of Privacy Practices. Your access to and use of MyChart is subject to and governed by these terms and conditions ("Terms and Conditions" or "Agreement") and applicable law, rules and regulations. Throughout this Agreement, Duke University Health System, the Private Diagnostic Clinic, and other members of the Duke Health Enterprise are collectively referred to as "Duke", "we", or "us." Throughout this Agreement, users of MyChart will be referred to as "you" or "Users."
NEVER USE MYCHART FOR EMERGENCY OR OTHER URGENT MEDICAL ISSUES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR NEED URGENT MEDICAL CARE, IMMEDIATELY CALL 911 (IF YOU ARE IN THE UNITED STATES), GO TO YOUR LOCAL EMERGENCY ROOM, AND/OR CALL YOUR PHYSICIAN.
ALL HEALTH AND HEALTH-RELATED INFORMATION IN MYCHART IS INTENDED TO BE GENERAL IN NATURE, PROVIDED SOLELY FOR DUKE PATIENT CONVENIENCE, AND IS NOT A SUBSTITUTE FOR A VISIT TO A LICENSED HEALTHCARE PROVIDER. PLEASE SEE YOUR PHYSICIAN, NOT MYCHART, FOR ALL MEDICAL ADVICE AND CARE.
General Terms and Conditions
MyChart currently provides a convenient way for you to do the following, subject to these Terms and Conditions and applicable law, rules and regulations:
- Have Web-based, end-user, read-only access to portions of your Duke Health information;
- Use secure messaging to communicate with Duke healthcare providers about your health; receive select lab results from your Duke physician; review, make or cancel your Duke Health appointments, or request your prescription refills, subject to applicable law, rules and regulations and Duke policies, procedures and other requirements;
- View and pay your Duke Health bills online; and
- Access other general health information that may be of interest to you on certain third party sites
Please note: MyChart is not your complete medical record, nor is it your official Duke medical record. Use these instructions to request a copy of or an amendment to your official Duke medical record:
By signing up for MyChart, you agree to comply with this Agreement and applicable law, rules and regulations. Your access to and use of MyChart is subject to your agreement to these Terms and Conditions and such law, rules and regulations. The terms and conditions set forth in this Agreement may be viewed at any time by clicking the "Terms and Conditions" tab at the bottom of each page of the Site. In regard to MyChart and this Site, where any provision(s) of this Agreement conflict with any other term, policy or condition published on or otherwise applicable to this Site or any other Duke website, the relevant provision(s) of this Agreement shall control, prevail and be enforced.
This Agreement constitutes the entire agreement between Duke and you pertaining to the subject matter hereof. You understand and agree to enter into an electronic contract (i.e. this Agreement), and that a paper record of this Agreement can be requested and obtained by writing to the following address: Medical Information Release Unit, DUMC Box 3016, Durham, NC 27710. You can also withdraw your consent to these Terms and Conditions by writing to this same address, but then you will not be able to access or use MyChart.
Personal Accounts and Proxy Access
Personal MyChart accounts can be requested by following the instructions in the FAQs on this Site. Only competent adults or legally emancipated minors may request a personal MyChart account. Unemancipated minors may not request and will not be granted personal MyChart accounts.
You will need an online activation code to request a personal MyChart account. You can find a code at the bottom of your After Visit Summary (AVS) following your visit to any Duke Health site, or you can request a code by calling Duke Health Customer Service at 919-620-4555 or 800-782-6945 between 8:00 a.m.-5:00 p.m. ET Monday, Tuesday, Wednesday and Friday or 8:00 a.m.-4:00 p.m. ET Thursday. The access code will enable you to access MyChart through this Site, create a personal login name (called "MyChart ID") and password, read and electronically sign these Terms and Conditions (indicating your voluntary agreement and consent to them), and take other necessary steps to set up your MyChart account. Once this access code has been used, it will no longer be valid.
The following categories of individuals may also request "proxy" access to a Duke patient's personal MyChart account or MyChart information:
- Any competent adult whom Duke determines in its discretion to be legally authorized to access the health information of another adult Duke patient (including an incapacitated adult) or an emancipated minor Duke patient;
- A parent or legal guardian of an unemancipated minor Duke patient whom Duke determines in its discretion to be legally authorized to access the patient's health information;
Please note: Proxy access is subject to federal and state data privacy, security and confidentiality laws which require Duke and its providers to limit, or in some cases prohibit, proxy accounts and/or proxy access to certain patient information in MyChart. For example, proxy access to information of a Duke patient who is an unemancipated minor over age 12 but under age 18 will generally be very limited without the patient's prior consent, though in certain circumstances the patient's Duke physicians may, in the exercise of their professional judgment, take additional steps to revoke, expand or limit such access.
Please follow the instructions in the Duke MyChart FAQs to request MyChart proxy access. We reserve the right to request at any time legal or other documentation showing to our satisfaction that, and the extent to which, a proxy is legally authorized to access a Duke patient's information. Proxy accounts granted for any unemancipated minor or any incapacitated adult Duke patient will be activated only for the proxy, and not the patient. When a proxy account is created for competent adult Duke patient or an emancipated minor Duke patient, both the proxy and the patient will have active MyChart accounts; the patient account holders can turn off proxy access to their account at their discretion at any time. In addition, for all proxy types, the proxy must immediately cease use of MyChart and notify us if their legal relationship with the affected Duke patient changes in any way, by calling Duke Health Customer Service at 919-620-4555 or 800-782-6945 between 8:00 a.m.-5:00 p.m. ET Monday, Tuesday, Wednesday and Friday or 8:00 a.m.-4:00 p.m. ET Thursday or by contacting your Duke physician's office directly.
Personal or proxy accounts are in any event granted in Duke's sole discretion, and we reserve the right to modify, limit or revoke proxy access at any time for any reason, with or without notice to the account holder, proxy or anyone else.
Electronic Messaging and Email Privacy
Certain portions of MyChart permit you to securely exchange electronic messages and other information with Duke health care providers. You agree that you will not use MyChart, including it's messaging functionality, for emergency or other urgent healthcare needs, or as a substitute for actual medical advice and care by a physician.
We will respond to your message in as timely a fashion as is reasonably possible. It is your sole responsibility to monitor your account for messages and other information and to respond and/or to act (or not) upon them in a timely and appropriate manner.
Though MyChart message transmission may be secure, your messages may be viewed by individuals other than your individual Duke physician once received. Do not use MyChart's messaging capabilities to communicate information that you wish to discuss only with your Duke physician. In addition, if your Duke physician is out of the office or unavailable, messages sent via MyChart may be routed to other Duke physicians or other providers in order to facilitate as timely a response as is reasonably possible. Do not include private, confidential or sensitive information that you do not want others to see or use in your messages, such as birthdates, Social Security Numbers, medical record numbers, bank, credit card or other account numbers, or any other personally identifiable information.
You will receive an email notification when a new message or other information is available to you through MyChart. You should then log in to MyChart to view the message securely. Please note that any person with access to your e-mail will be able to see a notice from MyChart. This could include your spouse, child, employer or anyone else that can access your e-mail account. It is your sole responsibility to carefully choose the email address you provide for use with your MyChart account and to take any other necessary precautions to prevent others from gaining unwanted access to these notices, your email and other private, confidential or sensitive information therein.
Connectivity to Personal Health and Other Technology
You may choose to permit Duke to connect MyChart to certain electronic devices (such as your mobile phone, scales, fitness trackers, smartwatches, etc.), applications (such as food diaries, calorie counters, workout journals, etc.) and other things you use (collectively, "personal technology"). Your permission would allow you to transmit to MyChart and Duke to access, obtain and receive certain information, including individually- identifying, personal, sensitive or confidential information, about you ("personal information" or "PI") from this personal technology. Your permission would also allow Duke to place and store this PI in Duke's electronic health record, and also allow the use by, and its further disclosure by and to, Duke and certain other people or organizations of this PI.
You understand and acknowledge that Duke is not and will not agree to be a party to any agreements or understandings you may have with third parties concerning any personal technology or PI described above. To the extent you choose to authorize Duke to engage in any of the activities described in the preceding paragraph, you also warrant and represent that (i) you have the right to authorize Duke to connect to personal technology and to access, obtain, receive, place, store, use and disclose PI for your treatment or other uses or disclosures as described in Duke Health Enterprise Notice of Privacy Practices; (ii) you are the only authorized user of the personal technology transmitting only your PI through personal technology, and not that of any person or organization other than you; and (iii) none of the Duke activities you authorize, otherwise violate or are inconsistent with any terms or conditions concerning the personal technology or any PI accessed, obtained or received in, from or through it.
You acknowledge and agree that any PI accessed, obtained or received in, from or through personal technology with your permission as described above will be placed and stored in, and become a permanent part of, Duke's electronic health record. You acknowledge and agree that Duke solely and exclusively owns and holds all rights, title and interest in and to all data, including PI, in its electronic health record (as well as in any and all works created or derived by anyone from such data), subject to individual rights, if any, with respect to that data under applicable United States federal or North Carolina state law.
You understand and acknowledge that Duke neither owns nor controls any of your personal technology, and that Duke accordingly makes no promises, warranties or representations, to you or anyone else, regarding either (i) the confidentiality, privacy, accuracy or completeness of PI accessed, obtained or received or from your personal technology or (ii) the security of any electronic connection to or transmission PI from your personal technology to Duke. You understand, acknowledge and agree that you have a responsibility to review any PI in your MyChart account and to contact your healthcare provider if you believe it is inaccurate or incomplete. If you do not want Duke or others to obtain, receive, place store, view, use or disclose PI that is accessible in, from or through personal technology, you may disconnect your personal technology to MyChart.
You agree to provide any and all information, and to enter into such further written agreements, as may be reasonably requested by Duke in order to validate the acknowledgements, understandings, agreements, representations and warranties and to preserve Duke's rights as stated above.
You may use the MyChart to view certain test results that are made available to you by your Duke physician. Please note that not all test results are available via MyChart. It is your sole responsibility to follow up with your physician to request, review and discuss any tests or test results, and to inquire with your physician if you do not see results of tests in MyChart that you believe to have been done.
You may use MyChart to view your Duke Health billing statements online and make online payments online for healthcare services you receive from us. Please note that we use a third party to process the payments you make using the MyChart service. You agree to comply with any terms and conditions of the third-party processor in connection with your use of such third-party processor services.
MyChart constitutes neither the practice of any medical, nursing or other health profession nor the provision of health care or any other professional advice, diagnosis or treatment. The information in MyChart is not your complete, official medical record, nor should it be relied on in any way for medical decision-making or to suggest a course of treatment for you or anyone else. If you have or suspect that you have a medical problem or condition, call your physician. Never disregard medical advice or delay in seeking it because of something you have read in MyChart.
NEVER USE MYCHART FOR EMERGENCY OR OTHER URGENT MEDICAL ISSUES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR NEED URGENT MEDICAL CARE, IMMEDIATELY CALL 911 (IF YOU ARE IN THE UNITED STATES), GO TO YOUR LOCAL EMERGENCY ROOM, AND/OR CALL YOUR DOCTOR.
ALL HEALTH AND HEALTH-RELATED INFORMATION IN MYCHART IS INTENDED TO BE GENERAL IN NATURE, PROVIDED SOLELY FOR PATIENT CONVENIENCE, AND IS NOT A SUBSTITUTE FOR A VISIT TO A LICENSED HEALTHCARE PROVIDER. PLEASE SEE YOUR DOCTOR, NOT MYCHART, FOR ALL MEDICAL ADVICE AND CARE.
MyChart is a voluntary offering from us, and you may elect to register for, or to not register for a MyChart account.
You agree that you will:
- comply with these Terms and Conditions and all applicable laws, rules and regulations governing your access and use of MyChart;
- use reasonable efforts to learn how to use MyChart, and not rely solely on Duke for assistance in doing so;
- not abuse the proxy process;
- not upload or transmit any communications or content of any type to MyChart that infringes or violates any rights of any party;
- use MyChart only in a manner that is considerate and respectful of your healthcare providers, and not to attack, bully, demean, harass, threaten, or otherwise act in a manner that is disrespectful of your healthcare providers;
- not use MyChart as a means to distribute advertising or other unsolicited material to any third party;
- not post material to MyChart that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity, infringing, explicit, or otherwise inconsistent with the spirit of these Terms and Conditions,
- not impersonate another person or create any false account information or record for yourself or others on MyChart;
- not attempt to test, probe, or circumvent any privacy, confidentiality, security or like measures protecting MyChart or the foundation therein;
- periodically review and update the information you provide to us so that it is kept up-to-date;
- advise us of any suspected typographical errors, inaccuracies or other errors in any data, information or other material accessible or provided or located on or through MyChart;
- promptly tell us if you wish to discontinue personal or proxy MyChart accounts or access.
You agree that, by creating a MyChart account, you expressly consent to (a) using electronic communication methods to (i) accept these Terms and Conditions and (ii) post or email to you all notices provided pursuant to these terms, and (b) the use of electronic records to store information relating to your use of MyChart and these Terms and Conditions.
You represent and warrant to us that:
- you are either a Duke patient or legally authorized to have proxy access for a Duke patient;
- you are 18 years or older;
- you reside within the United States;
- you possess the legal right and ability to agree to these Terms and Conditions; and
- all information you provide to us in connection with your account setup and activation as well as your access and use of MyChart is and will be complete and accurate.
MyChart must be accessed with a Secure Sockets Layer (SSL) compatible web browser, such as Internet Explorer, Chrome, Safari or Firefox (for a list of currently supported web browsers and operating systems, see the Duke MyChart frequently asked questions). Our MyChart web servers require authentication to access any medical information, and use industry standard encryption technology to encrypt the communications between your web browser and the server. You can tell when your connection to a MyChart server is encrypted by looking at the location (URL) field. If the URL begins with https:// (instead of http://), the document comes from a secure server. You can tell whether you are truly connected to a Duke MyChart web server by viewing the digital certificate in your Web browser (consult your browser's help function for information on how to view the certificate). This digital certificate verifies the connection between the Duke server's public key and the server's identification. In order to reduce the risk of your MyChart account being inappropriately accessed, it will be disabled if your password is entered incorrectly 3 times over a 24 hour period. If you are denied access due to an excessive number of failed logins, contact Duke Health Customer Service at 919-620-4555 or 800-782-6945 between 8:00am-5:00pm ET Monday, Tuesday, Wednesday and Friday or 8:00am-4:00pm ET Thursday.
You are solely responsible for remembering and maintaining the security of your AVS, online activation code, MyChart ID, MyChart password and all other confidential information relating to you and your access and use of MyChart ("User Information"). It is extremely important that you keep all User Information completely confidential, private and secure, and not provide it to anyone else or allow anyone else access to it. Anyone with access to User Information will have your personal information and can use it to access more. That person will also be able to read your MyChart messages and send new messages as if they were you. It is your sole responsibility to regularly change your password, in order to prevent unauthorized access to your MyChart account. You may click the "Forgot password" link on the sign-in page to reset your password online. You may change your password and certain other security features at any time by contacting Duke Health Customer Service at 919-620-4555 or 800-782-6945 between between 8:00am-5:00pm ET Monday, Tuesday, Wednesday and Friday or 8:00am-4:00pm ET Thursday. You must change your password regularly and notify us immediately if you know or suspect that your MyChart account and/or User Information have been compromised.
Duke takes reasonable and appropriate steps to secure your medical information in MyChart. We take no responsibility for, and disclaim any and all liability to you or anyone else resulting from, arising out of or in any way relating to or connected with, directly or indirectly, MyChart confidentiality, privacy or security failures due in whole or in part to any act or omission by you or any third party, including without limitation not logging out of an active session; lost or stolen User Information; use of your MyChart account from a publicly available computer or Internet kiosk (e.g. a computer in a public library or hotel business center; downloading, printing, publishing, reproducing, transcribing, storing, transmitting in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), redistributing or selling information from MyChart; user computer settings or installed software products that may compromise information security; failure to maintain anti-virus software or regularly apply software updates on the user's computer; or any other acts, omission, events or circumstances outside Duke's direct control.
Termination of Agreement; Account Locks, Modifications or Discontinuation
You may terminate this Agreement at any time upon notice to us but then you will have no MyChart access and your account will be terminated. MyChart is provided as a patient convenience, and we reserve the right, at any time and without notice or cause, to terminate this Agreement, and/or to temporarily or permanently modify or discontinue the service and/or your account or access, in whole or in part. In addition, we reserve the right, at any time and without notice or cause, to terminate this Agreement, and/or temporarily or permanently lock, modify or discontinue your MyChart account or access, due to a password reset or failure to login after three (3) tries over 24 hour period; if you are no longer a Duke patient or are deceased; following a set expiration date (for example, proxy access will automatically terminate when a minor patient turns 18, or after account inactivity for a prolonged period of time as solely determined by Duke; in the event of threatened or pending legal issues with you, a patient or their family; or if we determine in our sole discretion that you have violated these Terms and Conditions. You will need to request a new MyChart account if your account is locked or discontinued following a set expiration date under this agreement or otherwise. The above actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law or equity. Further, we shall not be liable to you or any third party for any such termination, lock, modification or discontinuance. In the event of the expiration or termination of this Agreement for any reason, all provisions that are intended to survive termination or expiration of this Agreement shall survive, including, but not limited to, Duke's rights and remedies hereunder and your duties, obligations and other responsibilities with regard to the MyChart service.
Use of Content; Ownership
The entire contents of MyChart constitute a collective work protected under the copyright laws of United States and other federal and state laws. As between Duke and you, Duke holds the copyright and all other property rights and interests in the collective work. The collective work includes works that are the property of our respective suppliers, licensors, and other content providers (collectively, "Content Providers") licensed to Duke, which works and property are protected by copyright and other intellectual property laws, and well as other works and all data, information or other materials, including any Duke medical records, provided or accessible using MyChart, in which Duke owns all rights, title and interest. Subject to any restrictions or limitations relating to specific material, you are hereby granted a limited non-exclusive right to use MyChart for Web-based, read-only, end-user access to portions of your Duke information, to the extent made available in accordance with applicable law and at the discretion of your Duke physician, solely for your own personal, noncommercial purposes, unless otherwise prohibited herein or here under. You agree not to change or delete any proprietary notices from materials downloaded or printed from MyChart. Unauthorized use of the content may violate copyright, trademark, and other laws. You shall not reverse-engineer, disassemble, decompile, download, print, publish, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, re-transmit in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), redistribute, sell, resell or otherwise put to commercial use of any the content or any copyrighted material or any other works or data, information or other materials located in or provided or accessible through MyChart. You shall not use any robot, spider, other automated device, or manual process, or any third party to do any of the foregoing without the express prior written consent of Duke and any third party owner(s). We (and they) reserve the right to investigate and take appropriate civil and/or criminal legal action with respect to any actual or alleged violation of the foregoing or other infringement upon the intellectual property rights of us, our suppliers or licensors.
We encourage community comments, suggestions and feedback on MyChart, and we reserve the right to use such communications to modify, improve, or otherwise inform further development of MyChart. Further, by sending Duke any communications using MyChart, you grant us an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those communications in and on all media now known or later developed, and you also agree that Duke is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. You expressly acknowledge that you offer any such input or communications without expectation of compensation, partnership, or recognition, and that we shall have the right to retain and use any such information in current or future development of the MyChart service, without compensation to you. You hereby waive your moral rights in any such input or communications, and you hereby warrant that any such input or communications are original with you, or that you have the right to submit such input or communications, and you agree to assign to Duke all right title and interest therein which shall be deemed our sole and exclusive property. You agree that you shall have no recourse against Duke for any alleged or actual infringement or misappropriation of any proprietary right in your input or communications to us.
Any intellectual property or other property rights not expressly granted to you pursuant to these Terms and Conditions are hereby reserved by Duke.
MyChart is a registered trademark of EPIC SYSTEMS CORPORATION. Duke, Duke University, Duke University Health System, Duke University Medical Center, Duke Health, Duke Maestro Care, Duke MyChart, Dukehealth.org, and Dukemychart.org are the trademarks and service marks of Duke. These and all other trademarks, service marks and logos used in this Site, including but not limited to MyChart and Epic are the trademarks, service marks, or logos of their respective owners. Nothing on these Web sites should be construed as granting any license or right to use any trademark, service mark, or logo displayed on this Site without the express written permission of Duke or the third party that may own the trademark, service mark, or logo.
MyChart may contain links to other sites (such as for general health information and online viewing and payment of Duke Health bills), and these other web sites may provide links to this Site. These links are provided for your convenience only. We may or may not have any control over these sites, and in any event we make no warranties or representations to you about them, and we cannot and do not assume any liability or responsibility for them, including for any content or other items or services provided to you by or through such sites. You should not consider any link to or from another site as an endorsement of that site by us, our affiliate, parent or subsidiary corporations or organizations, or our or their officers, trustees, directors, employees contractors or agents, or any Content Providers, or our and their successors and assigns. It is up to you to take precautions to ensure that whatever you select for your use or download from these others' sites is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to MyChart, you do this entirely at your own risk.
YOU ACKNOWLEDGE AND AGREE THAT THE ACCESS GRANTED BY DUKE HEREUNDER IS WEB-BASED, READ-ONLY, END-USER ACCESS TO THE MYCHART SERVICE SOLELY FOR YOUR CONVENIENCE AND FOR THE LIMITED PURPOSES DESCRIBED HEREIN. MYCHART IS THEREFORE PROVIDED ON AN "AS IS" BASIS ONLY, WITH NO WARRANTY OF ANY KIND AS TO MYCHART OR WITH RESPECT TO ANY INFORMATION, PRODUCTS, SERVICES, PRODUCTS OR MATERIALS ACCESSIBLE OR PROVIDED ON OR THROUGH MYCHART, AND ALL ACCESS TO, AND/OR USE OR FURTHER DISCLOSURE OF ANY OF THE FOREGOING IS ENTIRELY AT YOUR OWN RISK. DUKE DOES NOT MAKE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS ANY AND ALL WARRANTIES OR GUARANTEES, PURSUANT TO STATUTORY OR COMMON LAW, EXPRESS OR IMPLIED, IN OR UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THAT MY CHART OR THE INFORMATION OR MATERIALS ACCESSIBLE OR LOCATED IN OR PROVIDED THROUGH MYCHART WILL BE ERROR-FREE, OR AS TO EASE OF OR SECURE, TIMELY OR CONTINUOUS ACCESS TO, OR AS TO FREEDOM FROM ANY POSSIBLE CONSEQUENCES SUCH AS LOSS OF DATA OR VIRUSES OR ANY OTHER CONTAMINATION, OR DESTRUCTIVE SOFTWARE OR PROGRAMS OR CODE ARISING FROM OR IN CONNECTION WITH SUCH ACCESS TO OR USE OF, OR OTHERWISE AS TO MERCHANTABILITY, ACCURACY, COMPLETENESS, COMPLETENESS, ADEQUACY, TIMELINESS, USEFULNESS, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OF, MYCHART, ANY INFORMATION OR MATERIALS ACCESSIBLE OR PROVIDED ON OR THROUGH SUCH, OR ANY OTHER EQUIPMENT, SYSTEMS, SOFTWARE, CLINICAL RECORDS OR OTHER DATA MADE ACCESSBLE OR PROVIDED HEREUNDER.
YOUR ACCESS USE OF MY CHART IS SOLELY AT YOUR DISCRETION. YOU SOLELY ASSUME ALL RISKS ASSOCIATED WITH SUCH AND USE OF MY CHART, ANY INFORMATION OR MATERIALS ACCESSIBLE OR PROVIDED ON OR THROUGH SUCH, AS WELL AS OF RELATED OR LINKED SITES, PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION THE RISKS OF DATA ERROR, CORRUPTION, LOSS, INTRUSION, UNAUTHORIZED ACCESS, USE OR DISCLOSURE, FAILURE OR DELAY, OR INTERRUPTION.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DUKE OR DUKE'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY, OR ANY REPSONSIBILITY OR LIABILITY FOR DUKE, AS TO ANY OF THE FOREGOING.
Limitation of Liability; Release; Indemnity; Equitable Relief; Time Limit on Claims
You, on your own behalf and that of any other person or entity who may claim by or through you or on your behalf, as well as on behalf of any person or entity accessing the Site using your account or password, agree that neither we, our affiliates, parent or subsidiary corporations or organizations, nor our or their officers, trustees, directors, employees contractors or agents, nor any Content Providers, nor our and their successors and assigns, shall have any responsibility or liability to you or anyone else, under any theory of liability (including but not limited to claims based upon negligence), under this Agreement or otherwise in connection with your use of MyChart, the information or material contained in or accessible, provided or obtained through MyChart or any decision made or not made or action taken or not taken based in whole or in part upon such information or material. Except as otherwise prohibited by law, in no circumstances will Duke be responsible or liable to you or anyone else for any indirect, special, incidental, consequential, exemplary, punitive or any other damages of any such type, regardless of the legal theory under which such damages are sought(including but not limited to claims based upon negligence), arising under, in connection with or otherwise relating to this Agreement or otherwise in connection with your use of MyChart, the information or material contained in or accessible, provided or obtained through MyChart, or any decision made or not made or action taken or not taken based in whole or in part upon such information or material, even if informed of the possibility of such damages. Your sole and exclusive remedy for your dissatisfaction with MyChart or your disagreement with these Terms and Conditions will be to stop using MyChart.
To the maximum extent permitted by applicable law, you, on your own behalf and that of any other person or entity who may claim by or through you or on your behalf, as well as on behalf of any person or entity accessing the Site using your account or password, hereby release and forever waive any and all claims you may have against us, or our affiliates, parent or subsidiary corporations or organizations, or our or their officers, trustees, directors, employees contractors or agents, or any Content Providers, or our and their successors and assigns, under any theory of liability (including but not limited to claims based upon negligence), for any and all liabilities, losses, damages, injuries, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys' fees and other legal costs or expenses), of every kind and nature, arising out of, relating to or otherwise in any way connected with, directly or indirectly, this Agreement or otherwise in connection with your use of MyChart, the information or material contained in or accessible, provided or obtained through MyChart, or any decision made or not made or action taken or not taken based in whole or in part upon such information or material. All rights under Section 1542 of the California Civil Code (if you are a resident of the State of California) and any similar law, statute, or regulation of any State or Territory of the United States or other nation are hereby expressly waived. California Civil Code Section 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
You, on your own behalf and that of any other person or entity who may claim by or through you or on your behalf, as well as on behalf of any person or entity accessing the Site using your account or password, agree to indemnify and hold us, and our affiliates, parent or subsidiary corporations or organizations, and our or their officers, trustees, directors, employees, agents, and any Content Providers, and our and their successors and assigns (each of the foregoing, a "Duke Indemnitee", and collectively, the "Duke Indemnitees"), against any and all claims, demands, actions, liabilities, losses, damages, injuries, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys' fees and other legal costs or expenses) brought or awarded against, suffered, incurred, paid or payable by one or more Duke Indemnitees arising out of, relating to or otherwise connected with, directly or indirectly, this Agreement, your acts or omissions hereunder (including your breach hereof), or otherwise in connection with your use of MyChart, the information or material contained in or accessible, provided or obtained through MyChart, or any decision made or action taken or not taken based in whole or in part upon such information or material.
You acknowledge that the recovery or threatened breach of damages, indemnities or other compensation hereunder may not be an adequate means to redress a breach of this Agreement by you and, accordingly, you specifically agree that any or all of the Duke Indemnitees shall have the right of injunctive relief and specific performance hereof, without the requirement of proving damages, or posting bond or other surety, in addition to any other available remedies they may have hereunder or otherwise at law or equity.
ANY CLAIM OR CAUSE OF ACTION, REGARDLESS OF THEORY, BROUGHT BY YOU (OR ANYONE CLAIMING BY OR THROUGH YOU OR ON YOUR BEHALF) AND ARISING ACCESS OR OUT OF OR RELATING TO OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO YOUR USE OF MYCHART, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DATE OF THE OCCURRENCE OF THE EVENT (OR, IF A SERIES OF EVENTS, THE FIRST EVENT IN SUCH SERIES) GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE FOREVER BARRED.
Choice of Law, Jurisdiction and Venue
These Terms and Conditions are entered into in the State of North Carolina and shall be governed by and construed in accordance with the laws of the State of North Carolina, exclusive of its choice of law rules. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in Durham County or Wake County, North Carolina for any dispute with or claim against Duke arising out of, in connection with or otherwise relating to this Agreement, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees.
Use of MyChart is not authorized in any jurisdiction that does not give effect to the terms and conditions set forth herein.
We and this Site are located and operated in the State of North Carolina, United States; this site and MyChart are intended for use only by our patients who are residents of the United States; and we follow the laws of the United States and the State of North Carolina with regard to the operation of the site and MyChart, including the laws of the United States and the State of North Carolina relating to use and protection of personally identifiable data and protected health information. We will not be held to laws or standards of other jurisdictions other than those of the United States and the State of North Carolina.
Duke may deliver notice to you under this Agreement by means of electronic mail, a general notice on this Site or dukehealth.org, or by written communication delivered by hand, by first class U.S. mail or by other nationally-recognized courier (e.g. UPS, Fedex) to your address on record in Duke's account information. Notices to Duke shall be delivered by hand, by first class U.S. mail or by other nationally-recognized courier (e.g. UPS, Fedex) to: Medical Information Release Unit, DUMC Box 3016, Durham, NC 27710.
Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of this Agreement each of us shall be and act as an independent actor and not as partner, joint venturer, agent, employee or employer of the other and shall not, nor attempt to, enter into contracts on behalf of one another. Nothing herein shall in any way or in any manner be deemed to create any obligation or liability of either party to, or any rights or remedies in, or otherwise confer any benefits upon, any person or entity that is not a party hereto; provided, however, the provisions of paragraphs entitled "Medical Disclaimer", "Termination of Services", "Trademark Notice", "Site Links", "No Warranties", "Limitation of Liability"; "Release; Indemnity; Equitable Relief; Time Limit on Claims", "Choice of Law, Jurisdiction and Venue", "Your Agreement", and this paragraph and are for the benefit of Duke and its affiliates, parent and subsidiary corporations or organizations, and its and their officers, trustees, directors, employees, contractors and agents, and (as applicable) Content Providers, and its and their successors and assigns. Each of these individuals or entities shall have the right (but not the obligation) to assert and enforce those provisions directly against you on its own behalf.
Construction; Headings; Severability
This Agreement will not be presumptively construed for or against either party. The section headings used herein are for reference and convenience only, and shall not enter into the interpretation hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
Cumulative Remedies; Waiver
All of our rights and remedies provided in this Agreement are cumulative and not exclusive of any other rights or remedies that may be available to us hereunder or otherwise at law or equity. Further, any failure on our part to act with respect to a violation by you or others of these Terms and Conditions does not waive our right to act with respect to subsequent or similar violations.
You shall not assign this Agreement or your duties, rights or remedies provided hereunder to any third party, and any such attempted assignment will be voidable at our option. Duke may assign this Agreement and its duties, rights and remedies hereunder to any third party at any time without notice to you.