|
TERMS OF USE
If this is a medical emergency, please immediately call
emergency personnel (911) to get prompt medical attention. This website does not contain medical advice and
we do not monitor this website for diagnostic or emergency health care purposes.
Introduction
Menomonee Falls Ambulatory Surgery Center (MFASC) is the owner and developer of this proprietary website
system. This system presents, collects, and stores Protected Health Information (PHI).
- Patient Access and Use of Service
- In accordance with the Children's Online Privacy Protection Act, use of this website is restricted to
persons age eighteen (18) or older. By using this website, you represent that you are at least eighteen
(18) years of age. If you are not at least eighteen (18) years of age, you are not permitted to use this
website, and you must exit now.
- By logging in to this website, you acknowledge acceptance of these Terms of Use. If you do not agree
to be bound by these Terms of Use, promptly exit this website.
- This system will store medical information that you input for the purpose of providing information to
your healthcare providers.
- Unauthorized input of information is in violation of the Federal Health Insurance Portability and
Accountability Act (HIPAA).
- You are responsible for the accuracy of any information you submit to MFASC via this website. We have
no obligation or liability for any information supplied by you that is not accurate.
- You agree that you will not upload or transmit to this website any information, communications or
content of any type that may infringe upon or violate the rights of any other party.
- You agree that you will not use this website for any purpose in violation of any local, state,
national or international law.
- You agree that you will not use this website as a means to distribute advertising or other unsolicited
material to any third party.
- You agree that you will not disable, "hack" or otherwise interfere with the proper functioning of this
website.
- Term
- Upon creation of a login identity by you, these Terms of Use commence immediately and continue until
your login identity is terminated.
- MFASC shall retain the right to terminate the login identity and access to the system at any time,
with or without notice.
- You may terminate this Terms of Use by submitting, in writing, a request to terminate the login
identity.
- You are advised that these Terms of Use should be reviewed with each use of the system, as MFASC may
make revisions to this statement without notice. All such changes are effective immediately upon their
posting. Your continued usage of this Website will mean you accept these changes.
- Privacy and Confidentiality, Data Security
- MFASC has deployed commercially available security systems to protect the integrity and
confidentiality of your PHI data. This includes, but is not limited to: firewall software and hardware;
encryption hardware and software; website software; security certificate services. MFASC shall make
reasonable efforts to maintain this system, and make upgrades as deemed appropriate. However, MFASC
cannot ensure or guaranty that your information will not be intercepted or misused by others.
Accordingly, MFASC assumes no liability for or relating to the delay, failure, interruption or corruption
of any data or other information transmitted in connection with the use of this website.
- You are notified that certain authorized persons may have access to your PHI. This system is designed
and maintained by MFASC employees, subcontractors, affiliates, agents and/or representatives. Persons
authorized by MFASC will make all reasonable efforts to protect the confidentiality of your PHI.
- You are solely responsible for the security of your login identity. You may not permit any other
person to use your login identity. You may not share your login identity and/or password with another
person. Carefully choose, use and save your login information and password. MFASC has no control over
use of passwords, and cannot tell whether someone else is accessing the website under your password. As a
result, you are solely responsible for any use of your password and other login information by you or any
third party, and MFASC has no responsibility or liability for any such use.
- By agreeing to these Terms of Use, you represent that you are the person authorized to use the login
identity.
- If you are entering PHI data into this system you warrant and represent that you are authorized to do
so for the person to whom the information pertains.
- MFASC will use reasonable efforts to comply with the provisions set forth in HIPAA, as well as any
local, state or federal laws and regulations governing the confidentiality of your PHI, as
applicable.
- Your PHI data may be shared with your physician, physician's staff, vendors, insurance provider and/or
other persons including, but not limited to, partners as described in the
Disclosure of Ownership Information page
as deemed necessary for providing you with healthcare.
- MFASC will adhere to all the provisions set forth in the online
Privacy Notice, which provisions are hereby
incorporated into these Terms of Use by reference.
- Ownership of System and Data
- MFASC owns, without limitation, this system. All programming, methodologies, processes and content
contained herein are the exclusive property of MFASC.
- Any PHI data entered into this system is owned by the person, or legal guardian of the person, for
whom the data was entered. A request to review owned PHI data may be made to MFASC by an authorized
person with reasonable notice, MFASC will make every reasonable effort to fulfill the request.
- MFASC owns all login identities, which may be revoked or suspended at any time for any reason.
- Warranties and Indemnification
- By using your login to access the system, you represent that you understand and accept these Terms of
Use, and that you have the legal right and ability to be bound by these Terms of Use.
- You represent that your method for accessing this system is secure and not subject to third-party
monitoring, including but not limited to: malware, spyware, viruses, and/or network monitoring.
- MFASC and its employees, subcontractors, affiliates, agents and/or representatives make no
representations or warranties relating to this service under this agreement. MFASC specifically disclaims
any and all warranties of particular purpose, fitness for a particular purpose, and merchantability. This
service is provided "as is with all faults". MFASC does not guarantee that your access to this service
will be uninterrupted, error free, or secure. This service is a data collection tool, MFASC makes no
representation nor warranty to you as related to the accuracy or completeness of the data you entered, nor
any medical interpretation, decision, and/or treatment prescribed as may be related to this system.
- MFASC and its employees, subcontractors, affiliates, agents and/or representatives cannot and do not
guaranty or warrant that this website will be free of infection by viruses, worms, Trojan horses, or other
code that manifests contaminating, destructive or otherwise malicious properties. By using this service,
you waive any and all future claims against MFASC and it's employees, subcontractors, affiliates, agents
and/or representatives and agree to not hold MFASC liable for any loss of or damage to your PHI data, nor
any injury, whether physical, emotional, financial, or otherwise, that results from incomplete, corrupted,
missing, inaccurate or otherwise submitted PHI data.
- You assume total responsibility and risk for your access or use of the internet and this
website. You acknowledge and agree (i) that your use of this website is at your own discretion and
risk, (ii) that use of any material, information or data downloaded or otherwise obtained through the use
of this website is at your own discretion and risk, and (iii) that you are solely responsible for any
damage to your computer system for loss of data that results from the download of such material,
information or data, and for any other form of damage that may be incurred.
- Limitation of Liability and Indemnification
- MFASC and its employees, subcontractors, affiliates, agents and/or representatives are not responsible
or liable to you under any theory of liability or indemnity in connection with your use of this website or
any of its content or services.
- MFASC and its employees, subcontractors, affiliates, agents and/or representatives shall not be liable
or responsible for any direct, indirect, incidental, consequential, special, exemplary, punitive or other
damages of any kind arising out of or relating in any way to this website and / or any content on this
website, whether such damages are based in tort, contract, negligence, strict liability, or otherwise,
even if MFASC has been advised of the possibility of such damages. Your sole remedy for dissatisfaction
with this website and / or any damage resulting from this website is to stop using this website, even if
such remedy should fail of its essential purpose.
- You agree to indemnify, defend and hold harmless MFASC and its employees, subcontractors, affiliates,
agents and/or representatives, from and against any and all losses, expenses, liabilities, damages and
costs including, without limitation, any attorney fees, resulting from or arising from any use of this
website or its content or any violation of these Terms of Use.
- Waiver and Jurisdiction
- Any modification or waiver of these Terms of Use will not be effective unless agreed to and
executed in writing and signed by an authorized agent of MFASC and you. The failure of any party
to enforce, or delay enforcing of, any provision in these Terms of Use does not constitute a waiver
or modification of this Terms of Use. If any provision in this Terms of Use is determined to be
unenforceable by a governing body, such determination will affect the remaining provisions.
- This Terms of Use agreement is issued in accordance with the Village of Menomonee Falls, County of
Waukesha, State of Wisconsin and Federal laws. Any dispute and/or action arising from application of this
Terms of Use must be filed with the district court of Waukesha County, Wisconsin.
|