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SMILEGENERATION MYCHART TERMS AND CONDITIONS OF USE

TERMS AND CONDITIONS STATEMENT

Pacific Dental Services®, LLC, referred to together with its subsidiaries and supported dental and medical practices who utilize the Pacific Dental Services electronic medical records system (“PDS,” “we” or “us”), provides you with access to the SmileGeneration MyChart (“MyChart”). MyChart is a secure, web-based service that lets patients of PDS supported practices, or another person chosen by the patient (a “proxy”), have secure web-based access to parts of their electronic medical record. MyChart is a selected part of the information in your electronic medical record, such as certain prescriptions, basic test results, summary medical history, appointments, and similar information. Your health care provider may decide which types of information to release to MyChart. Your continued use of this service will indicate your agreement to be bound by the terms and conditions set forth below. If you do not agree to be bound by these terms and conditions, please do not access or use MyChart and promptly exit this site.

PRIVACY

We understand the importance of protecting the confidentiality of your health information. To that end, we have detailed policies and procedures regarding access to all medical and dental records that are designed to safeguard your privacy. These policies explain the circumstances under which your health information may be released to parties outside of your health care provider’s office. Our staff is educated about these policies and procedures and the appropriate use of health information. Please review your health care provider’s Notice of Privacy Practices for a thorough description of how we gather, use and protect your confidential medical information. We also think it is important for you to know how information communicated via MyChart is handled. That is why we have published our Privacy Policy which outlines our commitment to your privacy rights. All messages sent and received within MyChart that contain medical and dental information are subject to all state and federal laws governing the security and confidentiality of medical and dental records.

ELECTRONIC MESSAGING

Your health care provider will make his or her best effort to provide a timely response to electronic inquiries. In some cases, the staff that needs to respond to an electronic inquiry or other communication may not be immediately available so you should allow at least two (2) business days for a response.

MyChart should never be used for urgent matters. For all urgent medical matters, contact your health care provider’s office, go to an emergency room, or call 911. Delays can occur based upon volume, availability of staff and the complexity of your condition. FOR ALL MEDICAL EMERGENCIES, IMMEDIATELY DIAL 911.

By providing your email address and mobile phone number, you are agreeing to receive information about your care by email or text message. Check your email and/or text messages on a regular basis for MyChart communications, as notification messages regarding information in MyChart may be sent to your email address or mobile phone. Note: This means that any person with access to your e-mail/mobile phone will be able to see this notification. This could include your spouse, employer or anyone else that can access your email or mobile account. The notification that new health information is available by accessing MyChart may be information that you would not want others to know. Thus, you should take this into account when providing an email address or mobile phone information. You need to make sure your email address or phone number is up to date so that you will be notified about new information.

Please know that if you send your health care provider a message via MyChart, it may be shared with staff that assists the health care provider in providing your health care. Your confidential health information on MyChart will be accessible only to appropriate staff.

Please never send any messages requiring urgent attention using MyChart.

ACCESS CODES AND PASSWORDS

When you initially enroll in MyChart, you will be provided with an activation code that you will use to start your account. You will then create your own MyChart ID, password and password hint. Once this activation code has been used it will no longer be valid. Please DO NOT SHARE your password with anyone. The MyChart ID and password you choose when you first log-on to MyChart are the way for you to protect the confidentiality of your information. You are responsible for remembering your MyChart ID and password and for keeping them confidential. You should write down your MyChart ID and password hint and keep them in a safe place.

MYCHART USER RESPONSIBILITIES

By using MyChart you agree to be bound by these Terms and Conditions, the Privacy Policy and your health care provider’s Notice of Privacy Practices. Please read these Terms and Conditions, the Privacy Policy and your health care provider’s Notice of Privacy Practices periodically as they may change at any time. PDS may change the features and functionality of or update MyChart, including these Terms and Conditions, without notice to you. PDS may also make improvements and/or changes in products and/or services described on MyChart or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of MyChart will signify your continued agreement to these Terms and Conditions as they may be revised. By enrolling in MyChart, you agree that any changes will affect you as soon as they are posted.

MyChart is a communication service offered as a convenience to patients of PDS supported practices. You understand that it provides you with online access to parts of your electronic medical record, and that you are solely responsible for any sharing of MyChart content that you communicate to others. You understand that messages will be routed to the appropriate office staff or departments as necessary for handling, and therefore staff, other than your health care provider may be involved in addressing your request. Therefore, use of MyChart may not be appropriate if there is sensitive information that you would only wish to discuss directly with your health care provider.

You understand that you may receive messages, test results and other communications delivered via MyChart. Therefore, you might not receive duplicate written reports of this information from your health care provider. You understand that not all of your medical record may appear on MyChart. Posting of information is at the discretion of your individual health care provider.

You can discontinue your use of MyChart at any time by contacting MyChart@SmileGeneration.com or our Patient Contact Center at 800-491-7021.

You agree that you will not communicate any offensive material on this site or otherwise through the MyChart service, or use MyChart in a fraudulent manner. If we determine that you have violated this agreement or abused the use of this service, we reserve the right, at our sole discretion, to stop your use of the MyChart service. You will be notified if your MyChart service is discontinued.

SECURITY

We are committed to protecting the confidentiality of your medical information. Once your health information is received by your health care provider, it will be treated as confidential and given the same protection that all other health records are given. Firewalls, passwords, encryption, and audit trails are further used to safeguard your information. PDS has taken steps to make MyChart secure against unauthorized access and use. However, PDS cannot guarantee that information will be perfectly protected. Information will be transmitted over a medium that is beyond the control of your health care provider and PDS. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SERVICE.

YOUR MEDICAL RECORD

As your health care provider provides your health care, the health care provider’s office must keep records of your medical history, current conditions, treatment plan and all treatments given, including the results of all tests, procedures and therapies. Messages you send via MyChart may be made part of your permanent medical record at the discretion of your health care provider, or office staff. Once it is made part of your record, it will be accessible to current and future staff who are appropriately involved with your care. All electronic medical record content generated by your health care provider is subject to state and federal laws governing the security and confidentiality of medical records.

RESTRICTIONS

MyChart will not include diagnosis or testing information pertaining to Mental Health, Alcohol and Substance Abuse, genetic testing information, and sexually transmitted diseases including HIV. In addition to not including the noted information, MyChart will not include reproductive health information for minor patients between the ages of 12 and 17 (inclusive) due to protections under State and Federal laws. Under these laws, there are certain types of medical information that the parent or guardian of a minor patient age 12 or older may not view without the consent of the minor patient.

An individual must be age 18 or older to request a personal MyChart account.

PROXY ACCESS

A parent or legal guardian of a minor patient may request access to their minor child’s health information through MyChart. This type of access is known as proxy access. Parent and legal guardian proxy access will only be granted to parties with parental rights or legal guardianship over the minor patient and only to the extent that the party requesting proxy access can demonstrate the legal right to the minor’s health information. The amount of information the parent or legal guardian will be able to see in MyChart depends on the age and legal status of the minor. The limits on MyChart access do not affect any other right the parent or legal guardian may have to obtain a minor child’s medical records. A parent’s or legal guardian’s proxy access for a child will expire when the child turns 18.

Individuals age 18 or older may request proxy access to another adult patient’s MyChart account. A MyChart account will be activated for both the proxy and the account holder.

Access may be requested by completing the SmileGeneration MyChart Proxy Access Request & Consent Form and submitting it online or to the patient’s health care provider’s office.

If the proxy’s legal relationship with the patient changes, the proxy must inform the patient’s health care provider’s office immediately. PDS reserves the right to revoke proxy access at any time for any reason.

LINKS TO THIRD PARTY SITES

This site may contain links to web sites operated by other parties. The links are provided for your convenience only. PDS does not control such web sites and we are not responsible for the content and performance of these sites. The inclusion of links to other web sites does not imply any endorsement of the material on the web sites or any association with their operators. PDS does not operate, control or endorse any information, products or services provided by third parties through the internet. Your use of such sites is at your own risk including, without limitation, any risk associated with destructive viruses.

NO WARRANTIES

THIS SITE AND ALL OTHER SITES HOSTED BY PDS, AND THE CONTENT CONTAINED HEREIN AND THEREIN, ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER PDS NOR YOUR HEALTCHARE PROVIDER MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF MYCHART, OUR SITES, OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PDS AND YOUR HEALTH CARE PROVIDER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT.

COPYRIGHTS

Except as otherwise indicated, all content on MyChart, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of PDS or our licensors and is protected by United States and international copyright laws. PDS allows you to view or download a single copy of the material on MyChart solely for your personal, noncommercial use. Unless specifically authorized in writing by PDS, any use of these materials, or of any materials contributed to MyChart by entities other than PDS, on any other website or networked computer environment for any purpose is prohibited. Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by PDS. Content and features are subject to change or termination without notice in the editorial discretion of PDS.

TRADEMARKS AND SERVICE MARKS

Use of the PDS logo or name without authorization is prohibited by law. "MyChart" and the MyChart logos are registered service marks. Other proprietary marks of PDS or third parties may be designated as such from time to time on MyChart through use of the TM, SM, or ® symbols. Users of MyChart are not authorized to make any use of the Pacific Dental Services name, PDS marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by PDS or the applicable third party.

LIMITATION OF LIABILITY; CHOICE OF LAW

PDS, OUR SUPPORTED HEALTH CARE PROVIDERS AND OUR STAFF, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON MYCHART ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO MYCHART, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN MYCHART, AND/OR ANY THIRD PARTY WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH MYCHART, SITE-RELATED SERVICES, AND/OR THIRD PARTY WEB SITES IS TO STOP USING MYCHART, THE WEB SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

These Terms and Conditions are governed by California law without regard to its principles of conflicts of law. If any version of the Uniform Computer Information Transactions Act (UCITA) is enacted as part of the law of California, that statute shall not govern any aspect of these Terms and Conditions.