COMMUNITY MEMORIAL HEALTH SYSTEM PATIENT PORTAL
TERMS AND CONDITIONS OF USE
Community Memorial Health System, Inc. on behalf of itself and its hospitals, facilities, affiliates, and/or subsidiary companies (collectively,“CMHS”)
operates this website (“Site”) for your convenience to provide information about the services and resources CMHS offers, and to help you be a partner in your healthcare. By accessing and using this Site, you
agree to all of the terms and conditions of use stated here, as well as any additional terms and conditions that might be applicable to a specific area of this Site (collectively, the“Terms and Conditions”).
CMHS reserves the right to modify the Terms and Conditions at any time without giving you prior notice. Any change in the Terms and Conditions will be displayed on or available
through the Site. You should, therefore, periodically visit the Site to review the current Terms and Conditions so you are aware of any such revisions to which you are bound. Your use of the Site following any change in the Terms and Conditions signifies your
agreement to be bound by the Terms and Conditions as modified.
1.How You May Use The Site.IF YOU
HAVING A MEDICAL EMERGENCY PLEASE CALL 911 OR THE EMERGENCYDEPARTMENT
IMMEDIATELY. If you have an urgent message or need urgent attention from your healthcare provider, contact the office directly and request urgent attention and advice. ThisSite
and the messageing service provided within are for non-emergent communications between a patient enrolled in this site and their healthcare provider who is capable of sending and recieving messages. Please allow as long as 72 business hours for you healthcare
provider to provide a response to your message. If you feel you need a more rapid response from your provider, you should call the office directly.provide information to you related to your healthcare.
You may reprint your own medical documents which will be noted as “patient printed”. However you may not republish any Content, post it to any other website, or include it in any publication
of any kind, if it is labeled or contains the name Community Memorial Health System or names any of our facilities without express written consent. While you own your medical information, CMHS owns the records that are available through this Site.
Unless the Site identifies a different owner for particular Content, CMHS remains at all times the owner of all of the rights to the Content, and even if you download or copy content as permitted by the Terms and Conditions, you do not obtain any rights of
ownership in any Content.
2.Limitations on Use. You are able to access certain parts of your electronic medical record, or the medical record of others you are authorized to view, through
the Site. You can receive permission to view information of: (a) children or adults for whom you are responsible (for example, as a guardian), and (b) adults who grant you the right to view their information. CMHS may, but is not required to, ask for proof
that you have the right to view another's information. The information in the individually identifiable medical information area of the Site is confidential, and you will have to supply a user name and password to enter that part of the Site. You are responsible
for protecting your username and password.You should not ever permit anyone else to use your username and password. CMHS is not responsible for any loss of privacy or confidentiality that occurs because your username or password was misused, or because
you gave another person the right to view your information. You may only obtain a username and password, and may only access the information on this Site, if you are at least 18 years old. If you permit another person to link to or otherwise access your information,
you understand that CMHS is not responsible for how that other person uses the information.
3.No Misuse of Passwords. By signing in to the Site using a username and password, you are promising that you are the person who is assigned to that username
or password. You may use your username and password to view your information, or the information of others, such as a child or other family member, if you are authorized to view that information. Any attempt to access another person's information without permission
is prohibited and may be against the law.
4.Medical Record Information. CMHS provides you access to this medical information to help you be a partner in care. It is possible that the Site could include
typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. If you notice any mistakes in the information, you must immediately notify CMHS Health Information Management
Department. While CMHS tries to keep the information accurate and up-to-date,CMHS PHYSICIANS, EMPLOYEES AND/OR CONTRACTORS MAKE NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE SITE, AND DISCLAIM ANY IMPILIED OR EXPRESS WARRANTY OR REPRESENTATION
ABOUT THE ACCURACY, COMPLETENESS OR CONTENT OF THE INFORMATION DISPLAYED ON THIS SITE OR ABOUT THE FITNESS OF THE INFORMATION FOR A PARTICULAR PURPOSE.
Some states may not allow disclaimer of implied or express warranties. If applicable law limits or prohibits disclaimers, this provision may not apply to you. This disclaimer is
intended to and should be construed to apply to the fullest extent allowed by applicable law.
5.Copyrights. All Content, and the compilation of all content, on the Site is the property of CMHS or its content suppliers and protected by United States
and international copyright laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, without the prior written consent of CMHS, except that you may download, copy or print Content for your non-commercial,
non-public, personal use only; provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. No part of any Content may be reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You may not frame or utilize framing techniques to enclose any name, trademarks, service marks, Content, or other proprietary information of
CMHS without our express written consent.
6.Trademarks. CMHS, and other marks, logos, and names indicated on our Site, are registered trademarks of the applicable CMHS entity in the United States and
other countries (the “Trademarks”). You are not authorized to copy or use the CMHS trademark that may be found on or through the Site, unless, and only if, it is a part of separate written information you download from the Site; provided you keep intact
all copyright, trademark, and other proprietary notices on the written information. What this means is that if you download a page or an article from this Site, and that page contains, along with other information, a CMHS Trademark, you may use that page as
permitted by these terms, but you may not use the CMHS Trademark from that material.
7.No Medical Advice Given. Other than your individual medical record information, the information posted on or available through this Site is for general informational
and educational purposes. It is not medical advice and is not intended nor implied to be a substitute for consultation with a qualified physician or other medical professional. You should always consult your physician or other healthcare professional to determine
the appropriateness of the information on this Site for your own situation. If you are seeking medical advice or attention, you should consult your physician or other health care professional. Reading the information on this Site does not create a physician-patient
8.Acceptable Conduct. You may use this Site only for lawful purposes. This means you must not use the Site or any Content you obtain from the Site for any
unlawful or harmful purpose, which would include any purpose to embarrass, injure, harass, defame or annoy any person or reflect negatively on CMHS. If you use features of this Site that permit you to communicate with others, such as patients of CMHS, you
may not communicate any material that is illegal, offensive, defamatory, abusive, harassing, or, in CMHS's opinion, inappropriate.
9.Links to Third Party Content. Any links on this Site to third-party websites are for your convenience only. If you use any links to third-party websites,
you will be leaving the Site. CMHS is not responsible for and does not monitor the content of any linked third-party websites. The fact that the Site may include links to any third-party websites does not imply any relationship, sponsorship, endorsement, promotion,
recommendation or warranty by CMHS of that third-party web site or any products, services or information available through such third-party web sites. It is up to you to take precautions to ensure that whatever you select for your use or download 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 this Site, you do this entirely at your own risk.
10.Accuracy of Information. Information made available through the Site may contain errors or inaccuracies or may be incomplete. CMHS is not responsible for
any loss or damage relating to the accuracy, completeness or reliability of any information contained on the Site.
11.Disclaimer of Warranty.CMHS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE
WILL BE CORRECTED. THIS SITE, INCLUDING ANY SITE CONTENT OR OTHER INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NONINFRINGEMENT.
CMHS SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. CMHS DOES NOT WARRANT THE ACCURACY, COMPLETENESS
OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE- RELATED SERVICES, AND THE CONTENT AND HYPERLINKED WEB SITES. CMHS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL
BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURESSUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT CMHS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
12.Disclaimer of Liability.
CMHS AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL. CONSEQUENTIAL, SPECIAL. EXEMPLARY. PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT, OR OTHER INFORMA TIQN CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YQUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE RELATED SERVICES, CONTENT, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. IF COMPLETE
DISCLAIMER OF LIABILITY IS NOT PERMITTED UNDER LAW, CMHS' ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT OF ONE U.S. DOLLAR ($1.00).
13.The capability exists to communicate with CMHS, and providers. In the case of your provider, you should check with provider to see if they support communication
by email. This Site is not intended to serve as a way for you or anyone else to communicate with CMHS for the purpose of seeking medical advice, treatment, or attention. You should not use this Site to communicate any information regarding your medical condition
or the medical condition of anyone else, or to seek advice or treatment, including emergency treatment. CMHS does not monitor the Site for such communications and would not be able to respond to you. You should contact your personal physician or other health
care professional or, in an emergency, dial 911.
14.Interactive Areas. You may post comments and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content
is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form or spam. CMHS reserves the right, but is not obligated to, monitor or review any areas of the Site where visitors transmit or post messages or communicate solely with each other, including, but not limited
to, chat rooms, bulletin boards, and other user forums, and the content of any such communications. CMHS, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy,
obscenity, or otherwise. CMHS retains the right to remove, in its sole discretion, communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.
15.Governing Law and Jurisdiction. The Site and the Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California,
exclusive of its choice of law rules. By using this Site, you agree to submit to the exclusive jurisdiction of, and agree that all disputes directly or indirectly related to the Site and the Terms and Conditions shall be litigated solely, in the state and
federal courts sitting in Ventura County, California and no other place, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. You further agree that CMHS shall be entitled to reasonable costs and attorneys’ fees, including
pre-litigation fees, for enforcement in any court of any of the Terms and Conditions.
16.Information We Collect about You. We automatically collect certain information about you when you visit the Site. The information we collect is limited
to the following:
·the Internet Protocol (“IP”) address of your computer and the domain name through which you accessed our Site. This information
does not identify you personally, nor does it disclose your e-mail address;
·the type of web browser you used;
·when you visited;
·the specific pages at the Site you accessed;
·The web site you last visited before you visited this Site.
We collect this information not to attempt to identify you personally but to understand who visits our Site, what portions of the Site are visited more frequently than others, and
how the Site might be improved to make it more accessible and easier to navigate.
We use “cookies” to collect and remember certain information that allows us to recognize you as a return visitor to the Site and to make navigating our site easier for you. Cookies
are small bits of information created by our web server and stored on your computer's hard drive. Cookies are not required for you to use the Site - they are just tools to make your browsing experience easier. If you do not want to receive cookies, you may
block them by changing the browser settings on your computer.
17.Termination of Access. CMHS reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and
with or without notice; including, but not limited to, as a result of your failure to abide by the Terms and Conditions.
18.Indemnification. You agree to indemnify, defend, and hold CMHS harmless from and against any and all claims or liability that are in any way related to:
(a) your use of the Site and/or the Content; and/or (b) any harm you cause to others as a result of your use of the Site and/or the Content.
19.Entire Agreement. The Terms and Conditions constitute the entire agreement between CMHS and you pertaining to the Site and the Content. 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.
20.E-Signatures. If you use any e-signature feature of this site, you represent and warrant without reservation that you have the legal right, power, and authority
to agree to all terms contained in the electronic records on this Site on behalf of yourself and the member on whose behalf you are acting, if different. You further agree that your use of the e-signature feature of this Site constitutes an "electronic signature"
as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have formed, executed, entered into, accepted the terms of, and otherwise authenticated the terms specified
herein for the use of the e- signature feature of this Site. You further acknowledge and agree that proceeding to use the e-signature feature of this Site constitutes your full agreement to all terms and conditions contained herein and that such agreement
is an “electronic record” for purposes of E-Sign, UETA, and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member on whose behalf you
are acting, if different, as if it were any other duly executed paper contract. By your use of the e-signature feature of this Site you are deemed to have read every record and document before electronically signing same. If you do not understand any record
or document, then you agree to communicate directly with CMHS as noted in Section 21 (Questions) below concerning your understanding prior to your continued use of the e-signature feature of this Site.
21.Questions. If you have any questions or concerns about the Terms and conditions applicable to the Site, please call (805) 652-5098.
CMHS reserves the right to alter, amend, modify or eliminate the Terms and Conditions at any time without prior notice.