TERMS AND CONDITIONS OF USE

Hill Physicians Medical Group, Inc. ("Hill Physicians") is pleased to offer you access to a web-based information system called MyHillChart. MyHillChart is an Internet application that enables a patient to have secure web-based access to portions of their medical record released at the discretion of their healthcare providers (collectively, "Provider"), and allows a secure, convenient communications channel with healthcare providers for non-urgent messages. If you choose, you may also use MyHillChart for non-urgent messages with members of the Hill Physicians care teams in connection with Hill Physicians' patient outreach programs. Use of this service is optional. Access and use of MyHillChart is permitted only pursuant to these Terms and Conditions and by requesting a MyHillChart account or by accessing MyHillChart, you agree to be bound by these Terms and Conditions. You acknowledge that you are requesting your Provider to release your personal health information, including test results, to your online personal health record, and you are requesting the ability to communicate with your Provider concerning your health information via the Internet utilizing MyHillChart. Your acceptance of Hill Physicians' offer to provide access to MyHillChart may only be made by accepting these Terms and Conditions without modification. Any terms or conditions additional to or different from these Terms and Conditions are objected to and rejected by Hill Physicians.

To request a MyHillChart account, submit your request to your Provider. If you do not agree to these Terms and Conditions, do not access or use MyHillChart. As discussed below, Hill Physicians may modify these Terms and Conditions at any time, and you agree that such modifications are effective immediately upon posting of the modified version.

Notice of Privacy Practices.

Hill Physicians believes it is important for you to know how it handles information communicated via the Internet. These Terms and Conditions outline Hill Physicians' practices and its sensitivity to your right to privacy. In addition, your Provider will provide you with a printed copy of his or her Notice of Privacy Practices which will describe how he or she may use and disclose your health information and how you can get access to such information, and will include an explanation of your privacy rights and duties. This Notice of Privacy Practices will also tell you about how your Provider will protect your health information from improper disclosures, and when he or she will need to have you sign an authorization for release of information. Please carefully review your Provider's Notice of Privacy Practices. Hill Physicians and your Provider reserve the right to revoke your access to MyHillChart at any time for any reason in their sole, absolute discretion.

Medical Information.

Although every attempt is made to ensure the integrity of MyHillChart, no guarantees whatsoever are made as to the correctness or accuracy of the information available on or through MyHillChart. Information on MyHillChart is meant for use only to support the user's relationship with their current or future medical professional. User reliance on the information and material in, or obtained via, MyHillChart is at your own risk. You acknowledge that if you identify any inaccuracy or omission in your information in MyHillChart, or obtained through MyHillChart, you are obliged to immediately inform your Provider of the inaccuracy or omission. You are solely responsible for any sharing of MyHillChart content that you intentionally or unintentionally communicate to others. The information displayed in MyHillChart may not be your complete medical record. Contact your medical provider directly for official copies of your medical record or in regard to discrepancies with the medical information listed in your record.

Response to Electronic Communication.

When you visit MyHillChart or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on MyHillChart. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirements that such communications be in writing.

Your Provider will make reasonable efforts to provide a timely response to electronic inquiries. In some cases, the Provider's staff that needs to respond to an electronic inquiry or other communication may not be immediately available. Accordingly, you should allow at least three (3) business days for a response. Emergency situations requiring immediate attention should not be submitted electronically. If you are suffering from urgent or emergency medical issues, contact your medical provider, and/or go to the emergency department of a local hospital, or call 911 immediately.

Please note that MyHillChart is not a substitute for an in-person consultation with a healthcare provider and the professional judgment of the healthcare provider in diagnosing and treating patients. Furthermore, with respect to any electronic communications sent by the patient, your Provider is only able to respond to such communications based on the information provided by the patient. If there is insufficient information provided, your Provider will be unable to provide accurate and reliable services. You understand that the providers of the software, hosting, and communications systems supporting MyHillChart (collectively, "System Vendor") do not render medical advice.

Web Site Links.

MyHillChart may offer links to related medical web sites not managed by Hill Physicians. These web site link(s) are for your informational purposes only. Hill Physicians does not endorse and has not verified the accuracy of the information on these web sites, and you should not rely on any of the information found on the web sites for purposes of treatment or diagnosis.

Minor Eligibility.

An individual must be age twelve (12) or older to request a personal MyHillChart account. Parents or guardians of minor children may request access to the minor child's account in accordance with the terms outlined in the "Proxy Access" section of these Terms and Conditions.

Email Privacy.

You will be notified by email when there is new medical information to view on MyHillChart. Any person with access to your email will be able to view this notification. This could include the patient's spouse, employer or anyone else that can access a patient's e-mail account. Although no private medical information will be sent by email, the notification that new medical information is available on MyHillChart may be information that a patient would not want others to know. Thus, patients should take this into account when providing an email address for email notifications. You agree to notify your Provider of any updates to the contact information, including email address, associated with your MyHillChart account.

You understand and agree that any email communications you send to your Provider may be shared with staff who assist your Provider, or the Provider of a patient for whom you are acting as a proxy, in providing medical care. A patient's confidential medical information in MyHillChart will be accessible only to appropriate staff as necessary to complete the functions of their job.

Security and Confidentiality.

Hill Physicians and your Provider are committed to protecting the confidentiality of your medical information. Firewalls, passwords, encryption, and audit trails are used to safeguard your information. Hill Physicians identifies records that are released and notes the time and date of access each time a patient, their proxy, or a Provider or their staff accesses MyHillChart. Hill Physicians has taken appropriate steps to ensure information received from online visitors via MyHillChart is as secure as reasonably possible against unauthorized access and use.

Notwithstanding the foregoing, Hill Physicians, your Provider, and System Vendor cannot be held responsible for:

a) Absolute security of all electronic communication transmissions between a patient and a Provider;

b) Unauthorized disclosure resulting from a user not logging out of an active session;

c) Unauthorized disclosure resulting from a lost or stolen user ID and password;

d) Unauthorized disclosure resulting from information printed by a user from MyHillChart;

f) Unauthorized disclosure resulting from personal computer settings or installed software products that may compromise information security; or

e) Similar events outside the control of Hill Physicians, Provider, or System Vendor.

As a MyHillChart user, it is your sole responsibility and you agree to: 1) create a unique login ID and password; 2) change your password on a regular basis; and 3) keep your login ID and password confidential. None of Hill Physicians, your Provider, and System Vendor will be responsible for any breach of health record confidentiality due to your sharing or losing your password. You understand that you must not share your MyHillChart login ID or password with any other web site, party, or vendor. Remember to sign out of your account and close your browser window when you have finished your session. This is to help ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place where others may have access to it. Remember that certain portions of MyHillChart that you may visit may be public places, whether solely for users within a practice or for any users of MyHillChart. Whenever you voluntarily disclose personal information online -- for example on message boards, through email or in chat areas -- that information can be collected and used by others. No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.

Disclosures.

Hill Physicians may automatically gather general statistical information about MyHillChart and users, such as IP addresses, browsers, pages viewed number of visitors and, possibly in the future, goods and services purchased or used, etc., but in doing so we do not reference you by individual name, email address, home address, or telephone number. We use this data in the aggregate to determine how much our users use parts of MyHillChart so that we can improve it. We may provide this statistical information to third parties, but if and when we do so, we will not provide any personally identifiable information without your prior permission. We do not sell, rent or share personally identifiable information collected during your use of MyHillChart without your permission. We collect and store your profile so that you can manage your health by accessing your information on MyHillChart.

As part of our service, we may use cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. Generally, we use cookies to: (i) remind us who you are and enable us to access your account information so you do not have to reenter it; (ii) gather statistical information about usage by registered or unregistered users and (iii) research visiting patterns. In addition, we may, in the future, use cookies to: (i) help target advertisements based on user interests; (ii) assist our partners to track visits and process orders; and (iii) track progress and participation in promotions. In some instances, our partners and advertisers appearing on MyHillChart may use their own cookies. Preference and options configurations in your browser determine if and how a cookie will be accepted. You can change those configurations on your computer if you desire. By changing your preferences, you can accept all cookies, you can be notified when a cookie is set, or you can reject all cookies. If you do so and cookies are disabled, you may be required to reenter your information more often and certain features of MyHillChart may be unavailable.

No Warranty.

MyHillChart is provided on an "AS IS" and "AS AVAILABLE" basis. There are no guarantees, assurances or warranties with regard to the information and services on (or accessed through) MyHillChart, or its availability, reliability, quality or performance at any given time and all such warranties of any kind, express or implied, including implied warranties of merchantability and fitness for a particular purpose, are expressly disclaimed. Access to and use of MyHillChart is dependent upon the networks and services of third-party internet, telecommunications, hardware and software providers. You understand and acknowledge that Hill Physicians and your Provider (or the Provider of the patient for whom you are an authorized proxy) are not responsible for any actions or omissions of these third parties and are not responsible for any technical difficulties experienced by such third parties or your use of such third parties and their services or products in connection with MyHillChart.

Appropriate Use.

Access to MyHillChart is granted to you for the purpose of furthering your medical care or the medical care of someone for whom you are acting as an authorized proxy. Use of the system unrelated to this purpose may result in the suspension or termination of access privileges. Improper activities include, but are not limited to, the use of inappropriate or abusive language, reserving appointment times that are not needed or are frequently cancelled, and other activities that are deemed to cause a disruption to a Provider's operations in the Provider's sole discretion. MyHillChart is the property of Hill Physicians and System Vendor and is protected by copyright, trademark, and other laws and international treaties. Access and use of MyHillChart is by permission of Hill Physicians only. Third-party providers may also own content found on MyHillChart. Hill Physicians, Provider, and System Vendor are not responsible for any third party content or software or the privacy practices of third parties. We recommend that you review the privacy and security policies of such third parties should you so desire. You may download content only for your personal use for noncommercial purposes, but no modification or further reproduction of the content is permitted. The content of MyHillChart may not otherwise be copied, disseminated or used in any other way. No portion of MyHillChart may be reverse-engineered, disassembled, de-compiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Hill Physicians, except limited excerpts of the data for personal use only. Use of any data mining, robots, spiders, or similar data gathering and extraction tools is prohibited. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hill Physicians, Provider, or System Vendor without express written consent. You may not use any meta tags or any other "hidden text" utilizing Hill Physicians', Provider's, or System Vendor's name or trademarks without express written consent. If Hill Physicians determines that you have violated these Terms and Conditions or have otherwise used MyHillChart in an inappropriate manner, Hill Physicians reserves the right in its sole discretion to discontinue your use of the MyHillChart service.

Proxy Access Terms and Conditions.

If you have been granted proxy access by a patient, you may access the medical information of such patient. This is called "Proxy Access". These Proxy Access Terms and Conditions set forth Hill Physicians' practices regarding Proxy Access.

By clicking the "Continue" button to enter a person's record, you are verifying that you have the right to access this information. You are also acknowledging that you have read, understand, and agree to these Proxy Access Terms and Conditions. If you feel that you have received this access in error, please contact the Provider's office immediately and do not access such person's record.

To be granted Proxy Access, you must be at least eighteen (18) years of age, have your own MyHillChart account, and have a legal right as a parent, spouse or legal guardian of a patient to access the health information of such patient. Individuals may request Proxy Access to a patient's MyHillChart account by completing a Proxy Access Agreement and submitting it to the patient's Provider. Such access will be granted only to the extent that the party requesting Proxy Access can demonstrate the legal right to the account holder's medical information.

- In the case of minor children age eleven (11) and under, Proxy Access will only be granted to parties with parental rights or legal guardianship over the MyHillChart account holder, subject to applicable federal and state law. When the child reaches age twelve (12), a parent's or legal guardian's Proxy Access will automatically terminate.

- In the case of minor children ages twelve (12) to seventeen (17), limited Proxy Access is available to parents and legal guardians that have submitted a Proxy Access Agreement form to the child's Provider. This limited access enables a proxy to:

1. Request an appointment for the patient.

2. Message the patient's care team about certain subjects.

3. Review the patient's allergies, immunizations, and growth charts.

Under California law, patients ages twelve (12) to seventeen (17) may obtain certain medical services and information without informing their parents or legal guardians. While using MyHillChart, patients in this age range must take affirmative steps to prevent their MyHillChart proxy from viewing messages and appointment communications related to such services or information.

Under certain circumstances and with approval from the child's Provider, full access may be granted to a parent or legal guardian who is a proxy for a patient in this age range.

- In the case of individuals age eighteen (18) or over, Proxy Access will only be granted to the extent that the party requesting Proxy Access can demonstrate the legal right to the MyHillChart patient account holder's medical information and has completed a Proxy Access Agreement, and where, as applicable, the MyHillChart account holder has completed a MyHillChart Proxy Access Authorization Form allowing such access.

A MyHillChart account will be activated for both the proxy and the account holder, as applicable. As a proxy, you must login to My HillChart with your own MyHillChart ID and password. Hill Physicians reserves the right to request and collect any information and materials needed to determine if you have the legal right to act as a proxy for a particular individual. Hill Physicians will deny your request to act as a proxy if appropriate proof of your legal right to act as a proxy is not provided.

You agree to immediately inform the patient's Provider if your legal right to act as a proxy changes. The patient's Provider and Hill Physicians reserve the right to revoke Proxy Access at any time for any reason. You agree not to access any patient's MyHillChart account at any time after your legal right to act as a proxy for that patient has expired or been terminated.

Disclaimer.

Hill Physicians, Provider, and System Vendor are not be liable for any damages suffered by you or any other person related to, directly or indirectly, services, material or information contained in, or obtained through, MyHillChart. In no circumstances will Hill Physicians, Provider, or System Vendor be liable to you any other person for direct, indirect, special, incidental or consequential damages of any type, even if informed of the possibility of such damages, arising from or in connection with your utilization of MyHillChart. Hill Physicians, Provider, and System Vendor cannot guarantee access to the MyHillChart system and are not liable for your inability to access or view the information contained in MyHillChart, or accessible through MyHillChart. During times when your MyHillChart account is unavailable, other communication methods (e.g., telephone) should be used to contact your medical provider. By downloading or viewing the information on MyHillChart, you agree to hold Hill Physicians, Provider, and System Vendor, and their respective shareholders, affiliates, officers, directors, employees, agents, and representatives harmless from, and indemnify them against, any damages, claims, loss, liability cost and expense (including costs of investigation and reasonable attorneys' fees) arising out of, or in any way connected with, MyHillChart or the information contained therein. You may discontinue your MyHillChart account at any time by contacting your Provider or the Provider of a patient for whom you are acting as an authorized proxy, as applicable. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to your use of MyHillChart, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you might have additional rights.

Modification.

You understand that Hill Physicians may change these Terms and Conditions from time-to-time by notifying you of such changes by any reasonable means, including by posting the revised version of these Terms and Conditions through MyHillChart. Any such changes will not apply to any dispute between you and Hill Physicians arising prior to the date on which Hill Physicians posted the revised version incorporating such changes or otherwise notified you of such changes. Information collected before changes are made will be secured according to the previous policies. Hill Physicians encourages you to read these Terms and Conditions periodically to see if any changes have been made. Your continued access and use of MyHillChart following any changes to these Terms and Conditions constitutes your acceptance of such changes and your continued consent to be bound by these Terms and Conditions as revised. If you do not agree to such changes, you must cease accessing and using MyHillChart.

General.

These Terms and Conditions are governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by Hill Physicians, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions regarding Appropriate Use, No Warranty, and Disclaimer will survive any termination or expiration of these Terms and Conditions.

If you have any questions about these Terms and Conditions, please contact PracticeITSupport@hpmg.com.

Our Address:

2409 Camino Ramon

San Ramon, CA 94583