UMCONNECT TERMS AND CONDITIONS
  1. Acceptance of the Terms and Conditions of Use

    You are being provided access to the UMConnect medical information and communication system (“UMConnect”) through the University Medical Center of Southern Nevada (“UMC”). The following Terms and Conditions govern your access to and use of UMConnect, including any content, functionality, and services offered on or through UMConnect, whether as a guest or a registered user.

    Please read these Terms and Conditions carefully before accessing UMConnect. By accessing or using UMConnect, you accept and agree to be bound by these Terms and Conditions. If you do not wish to agree to these Terms and Conditions, you must not access or use UMConnect.

  2. Access Code, UMConnect ID, and Password

    Upon your initial enrollment in UMConnect, you shall be provided with an access code. The access code you receive will give you the opportunity to create a personal login name (the “UMConnect ID”) and a password. You understand that your UMConnect ID and password will be necessary to access your health information via UMConnect. You shall keep your login name and password completely confidential. You understand that anyone with access to your login name and password will be able to access your confidential medical information, read messages, or send new messages as if they were you.

    You shall be solely responsible for preventing the disclosure of your login and password, and shall change your password at any time you feel that your security has potentially been compromised. UMC shall not be subject to any liability which may arise from a breach of medical record confidentiality as a result of you sharing or losing your UMConnect ID or password.

    UMC reserves the right to disable any access code, UMConnect ID, password, or other identifier, at any time in its sole discretion for any or no reason, including, if, in its opinion, you have violated any provision of these Terms and Conditions.

  3. UMConnect Availability

    UMC reserves the right to withdraw or amend UMConnect, and any service or material which may be provided on UMConnect, in its sole discretion and without notice. UMC shall not be liable if for any reason all or any part of UMConnect is unavailable at any time or for any period. From time to time, UMC may restrict access to some parts of UMConnect, or all parts of UMConnect, to users.

    You shall be responsible for making all arrangements necessary for you to have access to UMConnect and ensuring that all persons accessing UMConnect through your internet connection are aware of, and agree to, these Terms and Conditions.

  4. Amendments to Terms and Conditions

    UMC may revise and update these Terms and Conditions from time to time in its sole discretion. All changes are effective immediately upon posting and apply to all access to and use of UMConnect thereafter. Your continued access to and use of UMConnect following the posting of revised Terms and Conditions shall constitute acceptance and agreement to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding upon you.

  5. Privacy

    Your privacy and the protection of your health information is of the utmost importance to UMC. UMC affords the same degree of confidentiality to your protected health information stored on UMConnect as is given to medical information stored by UMC in any other medium. UMC will maintain your protected health information in strict confidence and shall not disclose any of your protected health information unless the disclosure has been authorized by you or is permissible by law. Please review the [UMC Notice of Privacy Practices] for a full description of how UMC may gather, use, and protect your health information. You consent to all actions UMC takes with respect to your information consistent with its [Notice of Privacy Practices].

    You authorize UMC to release your personal health information to you via UMConnect. You understand that access to your health information is for your use only. You may revoke this authorization at any time in writing, and you shall have a right to receive a copy of this authorization upon request.

    While UMConnect is configured to be secure from unauthorized access, You agree that UMC shall not be held responsible for:

    1. Absolute security of all electronic communication transmissions between patient and UMConnect;
    2. Unauthorized disclosure resulting from a user not logging out of an active session;
    3. Unauthorized disclosure resulting from a lost or stolen user ID and password;
    4. Unauthorized disclosure resulting from information printed by the user from UMConnect;
    5. Unauthorized disclosure resulting from personal computer settings or installed software products that may compromise information security; or
    6. Similar events outside the substantial control of UMC or UMConnect.

  6. Electronic Messaging via UMConnect

    UMConnect should never be used for urgent matters. The anticipated turnaround time for response to electronic messages is [3] business days. Therefore, for all urgent medical matters, please contact your physician’s office by phone, proceed to an emergency room, or dial 911.

    You agree that any messages or communications sent through UMConnect shall comply with all applicable federal, state, local, and international laws and regulations. Further, You shall not send any messages or communications that:

    1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or are otherwise objectionable;
    2. Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions;
    3. Promote any illegal activity, or advocate, promote, or assist any unlawful act;
    4. Are intended to cause annoyance, inconvenience, embarrassment, or vexation to another;
    5. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

    In the event your provider is out of the office or unavailable, messages sent via UMConnect may be routed to other authorized caregivers within UMC in order to facilitate a timely response to your request. As such, You agree and understand that providers other than your primary healthcare provider may be involved in addressing your request. All messages sent and received within UMConnect that contain medical information are subject to all state and federal laws governing the security and confidentiality of medical records.

    All communications between you and UMC using UMConnect shall occur over a secure connection. You will receive Internet e-mail messages notifying you that new information is available in your UMConnect account. These e-mail messages, however, will not contain any confidential medical information. All of the confidential medical information available to you in UMConnect is protected and securely maintained by UMC.

  7. Appropriate Use

    Access to the UMConnect system is granted to users for the purpose of furthering their medical care. You may use UMConnect only for lawful purposes and in accordance with the Terms and Conditions. You shall not use UMConnect in any way that violates any applicable federal, state, local, or international law or regulation. Further, You shall not use UMConnect in any way that violates these Terms and Conditions or attempts in any way to interfere with the proper working conditions and operation of UMConnect. UMC may suspend or terminate Your access to UMConnect should you engage in any improper activities, including but not limited to, using inappropriate or abusive language, reserving appointment times that are not needed or are frequently cancelled, and any other activities that are deemed to cause a disruption to clinical operations.

  8. Medical Information

    The information provided on UMConnect is provided “as is” without warranty of any kind. UMConnect is meant for use only to support the patient’s relationship with their current or future medical professional and UMC assumes no responsibility for how you use the information you obtain from UMConnect. Your reliance on the material in UMConnect is at your own risk. You should consult with a physician or other health care provider regarding your own condition and how the information provided on UMConnect may or may not apply to you. UMC 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 UMConnect.

    The electronic record provided on UMConnect is the property of UMC and the information displayed in UMConnect may not be the complete medical record. Should You wish to obtain official copies of your medical records, You must contact UMC directly.

    You may be accessing your own medical information via the UMConnect application and may wish to communicate with one of your health providers about that or related information. If you have an emergency, or think you need to speak to someone urgently, do not use the email communication options provided to you by UMConnect. UMConnect is not a substitute for appropriate and timely contact with your physician.

  9. Minor Eligibility

    An individual must be age 18 or older to request a personal account to UMConnect. Parents or guardians of minor children under the age of 12 may request proxy access to a minor’s UMConnect account by completing the Proxy Access Portion of the UMConnect Consent Form submitting it to UMC. Such access will only be granted to parties with parental rights or legal guardianship over the UMConnect account holder and only to the extent that the party requesting proxy access can demonstrate the legal right to account holder’s medical information. A UMConnect account will be activated for both the proxy and the account holder. If the proxy’s legal relationship with the account holder changes, the proxy must inform UMC immediately. UMC reserves the right to revoke proxy access at any time for any reason.

    Minor children between the ages of 12 and 17(inclusive) will not be eligible to participate in UMConnect services. Under State and Federal law, there are certain types of medical information that the parent or guardian of a minor patient age 12 or older may not view without consent of the minor patient. Because of these requirements, we cannot offer UMConnect services to parents of minor patients in this age category. Thus, when a minor patient reaches age 12, proxy access is revoked.

  10. Enforcement and Cooperation With Legal Authorities

    UMC reserves the right to terminate or suspend your access to all or part of UMConnect for any or no reason, including without limitation, any violation of these terms of UMC. Further, UMC may take all appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of UMConnect.

    To the extent that such a disclosure would otherwise comply with applicable state and federal law, UMC shall have the right to fully cooperate with any law enforcement authorities or court order requesting or directing UMC to disclose the identity or other information of anyone accessing or communicating on or through UMConnect. YOU WAIVE AND HOLD HARMLESS UMC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY UMC DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER UMC OR LAW ENFORCEMENT AUTHORITIES OR TAKEN IN RESPONSE TO A COURT ORDER.

  11. Disclaimer of Warranties

    YOUR ACCESS TO AND USE OF UMCONNECT, ITS CONTENT, AND ANY RELATED SERVICES OR ITEMS OBTAINED THROUGH UMCONNECT IS AT YOUR OWN RISK. UMCONNECTt, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER UMC NOR ANY PERSON ASSOCIATED WITH UMC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF UMCONNECT, ITS CONTENT, AND ANY RELATED SERVICES OR ITEMS. WITHOUT LIMITING THE FOREGOING, NEITHER UMC NOR ANYONE ASSOCIATED WITH UMC REPRESENTS OR WARRANTS THAT UMCONNECT, ITS CONTENT, OR ANY RELATED ITEMS OR SERVICES WILL BE ACCURACE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UMC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE.

  12. Limitation on Liability

    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL UMC, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNETION WITH YOUR ACCESS TO OR USE OF UMCONNECT, ANY CONTENT ON UMCONNECT, OR ANY RELATED SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

  13. Trademarks

    UMC, UMConnect, and all related names, logos, product, and service names, designs, and slogans are trademarks of UMC or its affiliates or licensors. You must not use such marks without the prior written permission of UMC. All other names, logos, product and service names, designs, and slogans on UMConnect are the trademarks of their respective owners.

  14. Waiver and Severability

    No waiver by UMC of any term or condition set out herein shall be deemed a further waiver of such term or condition or a waiver of any other term or condition, and any failure of UMC to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

    If any provision of these Terms and Conditions is deemed by a court of competent jurisdiction to be invalid for any reason, such provision shall be limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

  15. Choice of Law

    These Terms and Conditions shall be governed by the laws of the State of Nevada.

  16. Arbitration

    UMC may require, in its sole discretion, that any dispute which may arise from your use of UMConnect, or in connection with these Terms and Conditions, be submitted to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Nevada law.

  17. Release to Insurance Companies

    With your authorization, this information may be released to insurance companies when applying for insurance. UMC takes no responsibility for erroneous medical information that you provide via UMConnect that may impact your ability to be covered by insurance. Without your authorization, medical information may be released to your insurance for payment of health care claims.

  18. Website Links

    UMConnect may offer links to related medical websites not managed or maintained by UMC. These websites are for a patient’s informational purposes only. UMC does not endorse and has not verified the accuracy of the information which may be contained on such websites, and You should not rely upon any of the information found on the websites for purposes of treatment or diagnosis.

  19. Entire Agreement

    These Terms and Conditions, and any other documents incorporated herein, constitute the entire agreement between the parties with respect to the subject matter contained herein.