MedHx Terms of Use

MEDHX TERMS OF USE

Your employer (“Company“), in accordance with a series of Agreements with DrFirst.com, Inc. (“DrFirst”) provides you access to an online medication history service (“MedHx“) that allows for review of medication history to assist physician practices, individual physicians, and other health care providers (such persons are collectively referred to as “End Users”) to perform a variety of health care activities. MedHx is made available to End Users only under the applicable terms of use that must be agreed to by End Users in writing as set forth below.

PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, OR THROUGH YOUR USE OF THE SERVICES, OR BY CONTINUING TO USE THE SERVICES AFTER BEING NOTIFIED OF A CHANGE TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO MEDHX OR ANY RELATED TOOLS OR SERVICES AND, IF YOU ARE IN THE PROCESS OF REGISTERING, YOU SHOULD CLICK ON THE “DO NOT ACCEPT” BUTTON TO DISCONTINUE THE REGISTRATION PROCESS.

1. I represent that I will only use MedHx as a properly credentialed, licensed medical professional in the state(s) or jurisdiction(s) in which I practice, or under the specific direction of a properly credentialed licensed medical professional.

2. I agree not to use MedHx to: (a) violate any local, state, national or international law; (b) access any MedHx subscription account other than my own; or (c) impersonate any person or entity, or otherwise misrepresent my affiliation with a person or entity. I agree that my usage will be in compliance and in accordance with HIPAA, HITECH, and all other applicable privacy laws.

3. I understand that DrFirst reserves the right to modify or discontinue MedHx with or without notice. DrFirst will not be liable to me or any third party should it exercise its right to modify or discontinue MedHx. If I object to any such changes, my sole recourse will be to terminate these Terms. Continued use of MedHx following notice of any such changes will indicate my acknowledgement of such changes and satisfaction with MedHx as so modified.

4. I agree not to violate (a) any intellectual property rights in MedHx; (b) the confidentiality of any privacy rights or personal data used in connection with MedHx; or (c) the confidentiality or proper use of any technical data relating to MedHx. I further agree not to combine or integrate MedHx with software or technology not provided by DrFirst, or modify, further develop, or create any derivative product based on the foregoing. I agree not to decompile, disassemble, reverse engineer, or otherwise attempt to obtain or access the source code from which any component of MedHx is compiled or interpreted, and nothing in these Terms may be construed to grant any right to obtain or use such source code. I further agree that I shall not use any means, program, or device, or permit any other person to use any means, program, or device, including but not limited to advertising, instant messaging, and pop-up ads, to influence or attempt to influence, through economic incentives or otherwise, the decision of a prescriber to write a prescription for a certain medication or send the prescription to a certain pharmacy if such means program or device is triggered by, initiated by, or is in specific response to the input, selection, or act of a user and if such prescription shall be sent through MedHx.

5. I agree to obtain patient consent prior to requesting any medication history for that patient. I acknowledge that MedHx shall be used only for those patients from whom I have obtained the consent of the patient to access such patient’s medication history. Other than in the course of treatment for a patient of my organization, I will not provide the MedHx Information to any other person or entity for any reason whatsoever, or use the MedHx Information for any other purpose. I will not use any MedHx Information for any reason, whether in aggregated form or otherwise, except for the sole purpose of treating a patient of my organization.

6. I represent and warrant that to the extent I access protected health information (PHI), physician information, and payment information while using MedHx that I have not been convicted of a felony or misdemeanor related to theft or fraud.

7. By agreeing to these Terms, I agree to the terms and conditions set forth in the DrFirst Business Associate Agreement, which can be accessed here.

8. I understand that DrFirst may change these Terms from time to time. If I object to any such changes, my sole recourse will be to terminate these Terms. Continued use of MedHx following notice of any such changes will indicate my acknowledgement of such changes and agreement to be bound by the revised Terms, inclusive of such changes.

9. DrFirst provides MedHx as a tool for licensed medical professionals to review patient medication history information. I am responsible for verifying the information that I input into the system or the information returned as part of the medication history information. I agree to confirm the prescription benefit and medication history information with my patient(s) prior to providing medical services based on that information and I agree to use my professional judgment in the provision of such care. MedHx is not a substitute for my standard practice or professional judgment, and any decision with regard to the appropriateness of treatment, the validity or reliability of information is my sole responsibility. I FURTHER WARRANT THAT ALL TREATMENT DECISIONS ARE BASED ENTIRELY UPON MY PROFESSIONAL MEDICAL JUDGMENTS, MY EMPLOYEES AND AGENTS, AND OTHER PROFESSIONALS WITH PRIVILEGES TO PROVIDE HEALTH CARE ITEMS AND SERVICES TO MY PATIENTS.

10. I UNDERSTAND THAT MEDHX AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DRFIRST AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO ME. DRFIRST AND ITS AFFILIATES DO NOT WARRANT THAT USE OF MEDHX BY REGISTERED AUTHORIZED END USERS WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. THE SUBMISSION OF ANY INFORMATION THROUGH MEDHX IS DONE AT MY OWN DISCRETION AND RISK, AND I WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MY COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH ACTIVITIES OR FROM RELIANCE UPON MEDHX. DRFIRST IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ALL THIRD-PARTY SOFTWARE AND THIRD-PARTY OFFERINGS. ALTHOUGH INFORMATION THAT I SUBMIT MAY BE PASSWORD PROTECTED, DRFIRST DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM MEDHX, EXCEPT AS MAY BE SET FORTH IN A BUSINESS ASSOCIATE AGREEMENT BETWEEN DRFIRST AND SUBSCRIBER; AND I AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION I PROVIDE USING MEDHX.

11. MY USE OF MEDHX IS AT MY OWN RISK. I UNDERSTAND THAT IN NO EVENT SHALL DRFIRST OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION, TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THESE TERMS OR MY USE OR INABILITY TO USE MEDHX, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF DRFIRST WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF DRFIRST TO ME FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, EXCEED THE TOTAL FEES PAID TO DRFIRST BY ME DURING THE PRECEDING 12-MONTH PERIOD. I ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN ME AND DRFIRST RELATING TO THE PROVISION OF MEDHX TO ME, AND DRFIRST WOULD NOT PROVIDE MEDHX TO ME WITHOUT THIS LIMITATION.

12. I AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT DRFIRST’S OPTION, DEFEND DRFIRST (INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SITE OR SERVICE) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, COSTS AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO MY ACCOUNT (INCLUDING ANY NEGLIGENT OR WRONGFUL CONDUCT) BY ME OR ANY OTHER PERSON ACCESSING MEDHX USING MY ACCOUNT.

13. These Terms will be subject to and construed in accordance with the laws of the State of Maryland, excluding conflict of law principles. I consent to jurisdiction and venue exclusively in the State of Maryland. These Terms constitute the entire agreement between me and DrFirst with regard to the matters described herein and govern my use of MedHx, superseding any prior agreements between me and DrFirst with respect thereto. The failure of DrFirst to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. I agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MedHx or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Version ACMEDHX TOUA 1.0

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