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TERMS AND CONDITIONS OF USE

Hill Physicians Medical Group, Inc. ("Hill Physicians") is pleased to offer you ("You" or "User") access to a Web-based information system called My HillChart. My HillChart 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 provider ("Provider"), and allows a secure, convenient communications channel with medical providers for non-urgent messages. Use of this service is optional. To access My HillChart, the User must agree to be bound by these Terms and Conditions. By agreeing to these Terms and Conditions, the User acknowledge that they are requesting their Provider to release the User's personal health information, including test results, to User's online personal health record, and requesting the ability to communicate with User's Provider(s) concerning User's health information via the Internet utilizing My HillChart.

To request a My HillChart account, submit your request to your Provider. By requesting a My HillChart account, You agree to these Terms and Conditions. If You do not agree to these Terms and Conditions, do not use My HillChart. Hill Physicians may modify these Terms & 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 & 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 you access to My HillChart at any time for any reason in their sole, absolute discretion.

Medical Information - Although every attempt is made to ensure the integrity of My HillChart, no guarantees whatsoever are made as to the correctness or accuracy of My HillChart. Information on My HillChart 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 My HillChart is at your own risk. You understand and acknowledge that if You identify any inaccuracy in your information in My HillChart, You will immediately inform your Provider. The User is solely responsible for any sharing of My HillChart content that the User intentionally or unintentionally communicates to others. The information displayed in My HillChart may not be the 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 - Please note that My HillChart 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. Your Provider will make his/her best effort 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 so a patient should allow at least three (3) business days for a response. Accordingly, emergency situations requiring immediate attention should not be submitted electronically. Contact your medical provider, and/or go to the emergency department of a local hospital, or dial 911 immediately if you are suffering from urgent and/or emergent medical issues.

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.

Web Site Links - My HillChart may offer links to related medical Web sites not managed by Hill Physicians. These Web site link(s) are for a patient's informational purposes only. Hill Physicians does not endorse and has not verified the accuracy of the information in/on these Web sites, and the patient 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 My HillChart account. Parents or guardians of minor children ages eleven (11) and under may request access to the minor child's account by following the terms outlined in the "Proxy Access" section of this Terms and Conditions statement.

E-mail Privacy - Patients who are users of My HillChart should be aware that they will be notified via e-mail when there is new medical information to be viewed on My HillChart. This means that any person with access to a patient's e-mail will be able to see 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, the notification that new medical information is available by accessing My HillChart may be information that a patient would not want others to know. Thus, patients should take this into account when providing an e-mail address. Maintaining your current contact information with your Provider is your responsibility and You will update your e-mail address associated with your My HillChart account as needed.

Please know that if You send your Provider an e-mail communication, it may be shared with Provider staff that assists 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 My HillChart will be accessible only to appropriate staff as necessary to complete the functions of their job.

Security and Confidentiality - Hill Physicians affords the same degree of confidentiality to medical information stored on My HillChart as is given to medical information stored in any other medium. Hill Physicians and your Provider are committed to protecting the confidentiality of your medical information. Firewalls, passwords, encryption, and audit trails are further used to safeguard your information. Hill Physicians shall identify the records released and note the time and date of access each time a patient, their proxy, or a Provider or their staff accesses My HillChart. Hill Physicians has taken appropriate steps to ensure information received from online visitors via My HillChart is as secure as possible against unauthorized access and use.

Notwithstanding the foregoing, Hill Physicians and your Provider 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 the User from My HillChart;

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 or a Provider.

As a My HillChart user, it is your sole responsibility 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. Neither Hill Physicians nor your Provider(s) shall 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 My HillChart login ID or password with any other website, party, or vendor.

No Warranty.

My HillChart 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 My HillChart, 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 My HillChart is dependent upon the networks and services of third party internet, telecommunications and hardware 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 My HillChart.

Appropriate Use.

Access to My HillChart is granted to Users for the purpose of furthering their medical care or the medical care of someone for whom they 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. If Hill Physicians determines that You have violated these Terms and Conditions and/or have abused the use of My HillChart, Hill Physicians reserves the right in its sole discretion to discontinue your use of the My HillChart 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 & 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 your 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 My HillChart 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 My HillChart 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.

A My HillChart 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 My HillChart 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.

If the proxy's legal right to acts as a proxy changes, the proxy must inform the patient's Provider immediately of that change. 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 My HillChart account at any time after your legal right to act as a proxy for that patient has expired or been terminated.

Disclaimer.

Hill Physicians and Providers shall not be liable for any damages suffered by the User or other third parties related to, directly or indirectly, the material and information contained in My HillChart. In no circumstances will Hill Physicians or a Provider be liable to the User or 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 a User's utilization of My HillChart. Hill Physicians and Providers cannot guarantee access to the My HillChart system and are not liable for the User's inability to access or view the information contained in My HillChart. During times when your My HillChart account is unavailable, other communication methods (e.g., telephone) should be used to contact your medical provider. By downloading or viewing the information on My HillChart, the User agrees to hold Hill Physicians and his or her Provider, 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, the User's utilization of My HillChart or the information contained therein. These Terms and Conditions shall be construed in accordance with, and shall be governed by, the laws of the State of California. User may discontinue his/her My HillChart account at any time by contacting their Provider or the Provider of a patient for whom User is acting as an authorized proxy, as applicable.