Virtual Care Legal Policies, Terms and Agreements

Please click on the topics below to read about our policies regarding our WHS Virtual Care.

PATIENT REGISTRATION AGREEMENT

Please read the following Washington Health System Patient Registration Agreement (“Registration Agreement”) carefully before deciding whether to register for access to the non-public portions of this Washington Health System website (“Portal“) or register use of the Washington Health System mobile app (“App”), which are both provided to you by Washington Health System (“WHS” or “we”) for the benefit of the Participating Providers (each, a “Provider”). The Portal and App are collectively referred to below as the “Platform”. This Platform will permit you to request and access certain telemedicine services and consultations (“Services”) as provided by the Providers, together with your identifiable health information whether submitted by you or generated as a result of your use of the Services (“Health Information”).

If you elect to use the App, the App is made available by WHS for the benefit of the Providers via the Apple App Store or Google Play. Use of the mobile app is further subject to the End User License Agreement made available with the App.

BY CONTINUING THROUGH THIS PLATFORM,  YOU ARE COMPLETING YOUR REGISTRATION FOR ACCESS TO THE PLATFORM ON BEHALF OF YOURSELF OR THE INDIVIDUAL PATIENT FOR WHOM YOU ARE THE LEGAL REPRESENTATIVE AND YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS REGISTRATION AGREEMENT WITH WHS. IF YOU DO NOT AGREE, YOU SHOULD NOT  PROCEED    AND YOU WILL NOT BE PERMITTED TO ACCESS THE PLATFORM AND COMPLETE YOUR REGISTRATION FOR THE ACCESS TO THE SERVICES.

MAKE SURE TO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

1. No Medical Advice by WHS.

THE PLATFORM SHOULD NEVER BE USED FOR URGENT HEALTH CARE MATTERS. IF YOU ARE EXPERIENCING AN URGENT MATTER OR OTHERWISE NEED IMMEDIATE ATTENTION, CALL 911.

The Services do not replace your existing primary care physician relationship, but are intended only to supplement that relationship for your non-emergency medical needs. WHS is not an insurance provider nor are we a prescription fulfillment warehouse.

Services are not available outside the United States.

2. Consent to Electronic Communications

UNDER APPLICABLE LAWS, WHS IS REQUIRED TO OBTAIN YOUR CONSENT TO ENGAGE IN CERTAIN ELECTRONIC COMMUNICATIONS AND TRANSACTIONS WITH YOU. BY CONTINUING THROUGH THIS PLATFORM , YOU CONFIRM THAT WE HAVE YOUR CONSENT TO COMMUNICATE WITH YOU ELECTRONICALLY AND TO ENGAGE IN CERTAIN ELECTRONIC TRANSACTIONS WITH YOU, INCLUDING THE ABILITY TO OBTAIN YOUR ELECTRONIC SIGNATURE FOR AUTHORIZATIONS AND OTHER COMMUNICATIONS IN CONNECTION WITH THE PROVISION OF THE SERVICES, ACCESS TO THE PLATFORM RELATED TO THE SAME, AND ALL OTHER TRANSACTIONS OR SERVICES RELATED TO THE SAME.

BY CONTINUING THROUGH THIS PLATFORM  AND CONFIRMING YOUR CONSENT TO ENGAGE IN ELECTRONIC COMMUNICATIONS, YOU ARE AGREEING TO THE ELECTRONIC RECEIPT OF WHS POLICIES AND COMMUNICATIONS VIA E-MAIL, TEXT MESSAGE, AND THE PLATFORM, AS WELL AS AGREEING THAT ANY ELECTRONIC SIGNATURES THAT YOU MAY PROVIDE ARE BINDING SIGNATURES WITH THE FULL FORCE OF A WRITTEN SIGNATURE.

You may withdraw your consent to engage in electronic communications and transactions at any time by contacting us at the contact information below, which will terminate your access to the Platform.

You may update your electronic contact information that we have on file by going to the “My Account” section of the Platform or by contacting us at the contact information below.

Access to and use of the Platform is dependent upon electronic communications and transactions. This consent is voluntary and you may refuse to agree to this consent and Registration Agreement, but your ability to access and use the Platform will be restricted.

3. Solicitation to Request Access

Nothing on this Platform constitutes an “offer” on behalf of WHS or the Providers, but is rather an invitation for you to request to access the Services via the Platform. You will be required to submit certain information to WHS  in order to complete your registration. This information includes certain personally identifiable information as well as your medical history. All information submitted to or collected by WHS, whether or not on behalf of the Providers, is set forth in our Privacy Policy and may also be subject to the Providers’ Notice of Privacy Practices.

WHS may require additional verifications or information before granting any request to access the Platform or Services.

All offers set forth on the Platform are void where prohibited.

Following our receipt of your completed registration request to access the Platform, WHS will send you electronic confirmation of your registration to the e-mail address you provide.

4. User Names and Access

If your registration is confirmed by WHS, you will be provided with access to the Platform via a user name and password that you select during the registration process. You are responsible for all activity under any user name assigned to your account. You have the sole responsibility for ensuring the confidentiality of the user name and password for your account. You agree to immediately notify WHS of any unauthorized use of your account or any user name assigned to your account and any other breach of security of which you become aware.

5. Services

Subject to approval of your request for Platform access and your  compliance with this Registration  Agreement,  WHS grants to you a non-exclusive, non-transferable, limited license to access and use the Platform solely for your personal use.

We reserve the right to change, modify, suspend or discontinue any aspect of the Services available, or the Platform in its entirety, at any time without notice.

You acknowledge that you will be responsible for (i) obtaining and maintaining all computer hardware, software and communications equipment necessary to access the Platform, and (ii) paying  all  third-party telecommunications or other charges incurred by you while using the Platform, including any telecommunications data charges.

You will need to complete your medical history via the Platform before you will be able to access Services from the Providers. All such information is subject to our Privacy Policy and, as set forth in the Privacy Policy, will be shared with the Providers in order for the Providers to provide the Services.

THE HEALTH INFORMATION MADE AVAILABLE TO YOU ON THE PLATFORM IS YOUR IDENTIFIABLE HEALTH INFORMATION MAINTAINED IN YOUR ELECTRONIC HEALTH RECORDS MAINTAINED BY WHS ON BEHALF OF THE PROVIDER. YOU ACKNOWLEDGE THAT WHS HAS NO RESPONSIBILITY OR LIABILITY FOR THE HEALTH INFORMATION USED OR THE SERVICES PROVIDED BY THE PROVIDERS.

The Platform is only a venue for you to obtain access to the Health Information and Services. Prior to making a request for any Services, you will be required to review and agree to the Provider-specific Terms of Service from the Provider. Your request to receive Services will not be processed unless and until the Provider has received confirmation of your agreement to the applicable Terms of Service. Neither WHS nor its vendors is a party to, nor is WHS or its vendors otherwise involved in, any transactions entered into between you and the Provider, even if such transaction occurs via this Platform. Furthermore, neither WHS nor its vendors will be liable for any dispute that arises between you and the Provider or any third party.

You may elect to provide access to your Health Information to your existing primary  care physician. If you wish   for WHS to send your Health Information to your primary care physician, insurance provider or any other third party, you will be required to complete a HIPAA Authorization {link} permitting us to transfer that information.

6. Proprietary Ownership

You acknowledge that the Platform and all content, and underlying technology, names, logos, text, audio, forms, documents, materials, data, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this Platform are the sole property of the Provider, WHS, or its vendors, as applicable, and are protected by copyright, trademark, service mark, trade secret, trade dress, patent, and other intellectual property laws, as applicable. You acquire no right, title or interest in the Platform or Services, or any copyrighted works, trademarks or any other intellectual property except the limited license to use the Platform granted in Section 5 above.

Any feedback, suggestions, solutions, improvements, corrections or other contributions you provide regarding the Services or Platform become the sole property of WHS and you agree to assign and hereby assign any and all such rights to WHS without charge. You further agree to take all acts reasonably requested by WHS to confirm WHS’s ownership of such items.

Notwithstanding the above, certain portions of the Platform may permit and facilitate communications via the Platform between patients and Provider physicians, which will be kept confidential as required by law.

7. Prohibited Uses

Nothing in this Registration Agreement may be construed as granting you any other right in the Platform outside of the limited license to access the Platform, Health Information, and Services. You may not otherwise use, reproduce, modify, mirror, transmit, display, make, offer to sell, sell, license, decompile, disassemble, reverse engineer, distribute, or create derivative works from the Platform or any part thereof, or any content or technology contained therein. You may not send unsolicited messages (e.g. spam) through the Platform, or post or submit information containing viruses, or any computer programs that result or may result in the damage, interference with or interception or expropriation of this Platform, or any related system, software, hardware, data or other information. You may not use any robot, spider or other automatic device or manual process to monitor or copy the Platform web pages or any content contained on or available through this Platform.

You may not use the Platform: (i) in an offensive manner towards any individual or person; (ii) for political purposes; (iii) to harm or exploit minors in any way; (iv) to post, submit or transmit unlawful, harmful, tortuous, defamatory, profane, libelous, hateful or otherwise offensive material; (v) in a racially, ethnically or otherwise impermissibly discriminating manner; (vi) to post or reference obscene, pornographic, indecent or illegal materials; (vii) to discuss, incite or otherwise solicit illegal activity; or (viii) in any manner that infringes upon the rights of any individual or other person, including, but not limited to intellectual property, publicity or privacy rights.

WHS may, but has no obligation to, access and review all information and data provided by you for compliance with the terms of this Registration Agreement or otherwise as set forth in the applicable Privacy Policy.

8. Cancellation and Termination

WHS reserves the right to terminate or suspend your access to and use of the Platform and access to the Services, in part or in whole, at any time in the event of: (i) your breach or suspected breach of any of the provisions of this Agreement, including without limitation the Privacy Policy; (ii) your use or misuse of the Platform or Services, for any activity or course of conduct that WHS deems to be unlawful or unethical; (iii) in the event WHS reasonably determines that such termination is necessary or proper; or (iv) WHS ceases providing the Platform or access to the Services.

9. No Liability

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR OWN RISK. WHS, THE PROVIDERS, AND THEIR RESPECTIVE AFFILIATES, VENDORS, AND SUPPLIERS ARE NOT RESPONSIBLE FOR ANY VIRUS OR DAMAGE TO YOUR COMPUTER, COMPUTER SOFTWARE, OR ANY LOSS OF DATA THAT MAY RESULT FROM USE OF THE PLATFORM.

IN NO EVENT WILL WHS, THE PROVIDERS, OR ANY OF THEIR RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY

WAY RELATED TO (I) THE PLATFORM, (II) THE USE OR PERFORMANCE OF THIS PLATFORM OR ANY LINKED WEBSITE OR ANY CONTENT OR OTHER MATERIAL OR INFORMATION OBTAINED THROUGH THIS PLATFORM, OR (III) OTHERWISE ARISING OUT OF THE PLATFORM SERVICES OR THE USE OR THE INABILITY TO USE THIS PLATFORM, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WHS, THE PROVIDERS, OR ANY OF THEIR RESPECTIVE VENDORS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE PLATFORM. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF WHS, THE PROVIDERS, AND THEIR AFFILIATES AND VENDORS FOR ANY REASON EXCEED $1,000.00 US DOLLARS, REGARDLESS OF WHETHER THE FOREGOING REMEDIES SHOULD FAIL OF THEIR ESSENTIAL PURPOSE.

THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.

ALL SERVICES ARE PROVIDED BY THE PROVIDERS PURSUANT TO THEIR TERMS OF SERVICE AND WHS HAS NO RESPONSIBILITY OR LIABILITY FOR THE PERFORMANCE OF THOSE SERVICES BY THE PROVIDERS.

10. No Warranty

THE PLATFORM IS PROVIDED ON AN AS IS,” “AS AVAILABLE,AND WITH ALL FAULTSBASIS. WHS, THE PROVIDERS, AND THEIR RESPECTIVE VENDORS AND AFFILIATES DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE PLATFORM, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,  AND  NONINFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. NONE OF WHS, THE PROVIDERS, OR THEIR RESPECTIVE VENDORS AND AFFILIATES MAKE ANY WARRANTY OR REPRESENTATION REGARDING (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, (B) ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE PLATFORM, OR (C) THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE PLATFORM.

None of WHS, the Providers, or their respective vendors or affiliates have any responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communication.

WHS provides the Platform to you through the Internet, which is subject to outages, communication and data flow failures, interruptions and delays inherent in Internet communications. You recognize that problems with the Internet, including equipment, software and network failures, impairments or congestion, or the configuration of your computer systems, may prevent, interrupt or delay your access to the Platform. None of WHS, the Providers, or their respective vendors or affiliates are liable for any delays, interruptions, suspensions or unavailability of the Platform, or any portion of the Platform, attributable to problems with the Internet or configuration of your computer systems. There is no warranty or guarantee that access or use of the Platform  or access to Services will be uninterrupted or error-free.

No advice or information, whether oral or written, obtained by you from WHS, the Providers or their respective affiliates or vendors in any manner will create any warranty.

11. Your Representations and Warranties

By proceeding with this Platform, you represent and warrant that: (i) you are at least eighteen (18) years of age; (ii) you have the legal ability and authority to enter into this Registration Agreement with WHS; (iii) the information you have provided to WHS in your registration application is accurate and complete; (iv) you will comply with any and all laws applicable to your use of the Platform; (v) you will not interfere with a third party’s use and enjoyment of the Platform; and (vi) you will not interfere with or disrupt WHS’s, the Providers’ or their vendors’ security measures. If any information you provide to WHS becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify WHS.

12. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WHS, THE PROVIDERS, AND THEIR RESPECTIVE VENDORS, AFFILIATES, AND THEIR OFFICERS, MEMBERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, SUPPLIERS, AND AGENTS FROM ANY AND ALL LOSSES, EXPENSES, THIRD-PARTY CLAIMS, LIABILITIES, DAMAGES, AND COSTS (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) ARISING FROM ANY PLATFORM ACTIVITY INVOLVING YOUR USER ID, YOUR VIOLATION OF THIS REGISTRATION AGREEMENT, OR YOUR VIOLATION OF ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY PRIVACY OR DATA SECURITY LAW OR REGULATION. NOTWITHSTANDING THE FOREGOING, WHS, THE PROVIDERS, AND THEIR RESPECTIVE VENDORS RESERVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.

13. Interpretation and Disputes

This Registration Agreement is governed by and interpreted under the laws of the Commonwealth of Pennsylvania and the federal laws of the United States, without regard to conflicts of laws principles. This Registration Agreement and access to the Platform will be deemed to have been performed and occurred in the Commonwealth of Pennsylvania and the courts of that Pennsylvania will have exclusive jurisdiction to entertain any action arising under this Registration Agreement. You hereby irrevocably submit to the exclusive jurisdiction and venue of the courts of the Commonwealth of Pennsylvania, the County of Washington, and the Western District of Pennsylvania, as applicable, and waive any objections as to personal jurisdiction, venue and forum nonconveniens.  Any claim, dispute, or controversy arising from or relating to the Platform or this Registration Agreement will be resolved by neutral binding arbitration administered by the National Arbitration Forum (“NAF”) under the Code of Procedure (“Code”) of the NAF in effect at the time the claim is filed. Any such arbitration will take place in Washington County, Pennsylvania. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. The decision of the arbitrator will be a final and binding resolution of the claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16.

Judgment upon the award may be entered in any court having jurisdiction.

Notwithstanding the foregoing, WHS may seek injunctive or equitable relief through a court of competent jurisdiction in the event of any misuse of its intellectual property or any misuse of its website or systems, without the posting of a bond, proof of damages or other similar requirement.

Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of this Registration Agreement. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition will be severable and shall not affect the validity and enforceability of any remaining condition.

Our electronically or otherwise properly stored copy of this Registration Agreement will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of this Registration Agreement  in  connection  with any action  or  proceeding arising out of or relating to this Registration Agreement. Any waiver of any portion of this Registration Agreement will be effective only if in writing and signed by WHS.

14. Contacting Us

If you have any other questions or concerns regarding this Registration Agreement, please contact us at:

Washington Health System 155 Wilson Avenue

Washington, PA 15301

(724) 225-7000

info@whs.org

15. Consent to Treatment

I consent to the rendering of medical care and treatment through this Platform by the Physicians.

I understand that the practice of medicine is not an exact science and that diagnosis and treatment may involve risks of injury, or even death. I acknowledge that no guarantees have been made to me as a result of the examination or treatment. I have the right to consent, or refuse to consent, to any proposed procedures or therapeutic course. I will not be involved in any research or experimental procedure without my knowledge or consent I consent and willingly authorize the taking of photographs and/or audio-visual recordings for the express purposes of medical treatment, planning and assessment unless I request otherwise. I understand that except for purposes of treatment, planning and assessment or unless otherwise required by law, such photographs and/or audio-visual recordings will not be released without specific authorization by me or my personal representative.  I authorize the Physician permission to use my information as described in Washington Health System Notice of Privacy Practices. This includes information that might be related to drug or alcohol or psychiatric conditions and/or sexually transmitted diseases including HIV testing and other AIDS related testing information.

16. Consent to Entire Agreement

By proceeding and entering into the Platform,”, you hereby agree to the above Registration Agreement, together with the Privacy Policy and the Terms of Use. If you do not agree to be bound by this Registration Agreement, including without limitation the Privacy Policy, then do not proceed and you will not submit your request to access.  These documents constitute the entire agreement between you and WHS with respect to the subject matter discussed above. Any waiver of any provision of this Registration Agreement will be effective only if in writing and signed by WHS. This Registration Agreement supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding this subject matter. This Registration Agreement will inure to the benefit of WHS’s successors, assigns, and licensees.

Print a copy of this Agreement for your records!

WEBSITE AND PORTAL PRIVACY POLICY

Effective: November 2017

This Website and Portal Privacy Policy (“Privacy Policy”) governs the collection and use of your information via the WHS mobile app, WHS website, and/or members-only website (collectively, the “Platform”). This Privacy Policy governs only the collection and use of your information via the Platform operated by WHS, (“WHS”) on behalf of the Participating Providers (each, a “Provider”). This Privacy Policy does not govern any information you may share directly with the Providers outside of this Platform, such as in the course of a consultation.

Agreement to Privacy Policy

YOUR ACCESS TO AND USE OF THIS PLATFORM IS SUBJECT TO YOUR AGREEMENT WITH THE BELOW POLICY, ALONG WITH THE WEBSITE TERMS OF USE AND PATIENT REGISTRATION AGREEMENT, AS APPLICABLE. BY USING THIS PLATFORM, YOU EXPRESSLY AGREE TO THE TERMS OF THIS PRIVACY POLICY AND CONSENT TO THE COLLECTION AND USE OF INFORMATION AS DISCUSSED IN THIS PRIVACY POLICY.

IF YOU DO NOT AGREE WITH THE BELOW POLICY, PLEASE DO NOT USE OR ACCESS THIS PLATFORM FOR ANY PURPOSE.

PLEASE PRINT A COPY OF THIS PRIVACY POLICY FOR YOUR RECORDS.

Modifications to Privacy Policy

WHS MAY REVISE THIS PRIVACY POLICY REGARDING THE COLLECTION OF INFORMATION AT ANY TIME. SHOULD ANY NEW POLICY TAKE EFFECT, WHS WILL GIVE NOTICE TO YOU AND ALL USERS BY POSTING A NOTICE REGARDING THE NEW POLICY ON THIS PLATFORM, AND THE NEW POLICY WILL APPLY ONLY TO INFORMATION COLLECTED THEREAFTER. NEW POLICIES WILL BE EFFECTIVE AS OF THEIR POSTING UNLESS OTHERWISE STATED.

BY ACCESSING OR USING THIS PLATFORM AFTER SUCH CHANGES ARE POSTED YOU AGREE AND CONSENT TO ALL SUCH CHANGES.

Applicability of this Privacy Policy

This Privacy Policy applies solely to the Platform and provides you information on the specific information that WHS may collect from you via the Platform and how we may use it, whether you are using the Platform as a patient (or legal representative of a patient) or a Provider-affiliated physician.
If you are a patient or legal representative of a patient, the Providers’ use and disclosure of your identifiable health information is subject to the Providers’ Notice of Privacy Practices. We cannot control any Provider’s use of a patient’s identifiable health information. WHS provides this Platform on behalf of the Providers and therefore protects identifiable health information as required by the applicable agreement between WHS and the Providers and in accordance with laws applicable to WHS’s business.

Disclosure of Information Practices

Whether you are a patient (or legal representative of a patient) or a Provider-affiliated physician, if we collect information from or about you via the Platform, we will tell you what information we are collecting either at the point of collection or via this Privacy Policy. The amount and type of information that we receive depends on how you use this Platform and the information you choose to submit to us via the Platform.

Whether you are a patient (or legal representative of a patient) or a Provider-affiliated physician, we may track use of your user name and may also capture the paths taken as you move from page to page (i.e., your “click-stream” activity). When you log in, your user name and password will be logged by our system in an audit log.

As a user of the Platform, you may also choose to use the secure messaging feature of the Platform which will allow the exchange of communications between patients and Providers and which may contain identifiable health information. Communications sent via this feature are recorded and maintained by WHS. Platform users have the ability to view the trail of messages received and sent via their Platform account. WHS does not edit the content of the communications between patients and Providers.

Personally Identifiable Information

You may request additional information about the Platform and the Services by submitting your information to us or otherwise contacting us as set forth on the Platform. If you elect to send us your contact information, we will use your contact information to provide you the information you requested and otherwise communicate with you to respond to your inquiry.

Identifiable Health Information

If you are a patient (or the legal representative of a patient), you must provide certain identifiable health information and medical history in order to complete your registration for Platform to request telemedicine services and consultations provided by the Providers (“Services”).

If you are a patient (or the legal representative of a patient), we will collect identifiable health information from you during the registration process and in the event you later request information or Services. We may collect any identifiable information that you provide to us, such as your name, address, e-mail address, gender, birth date and phone number. We also need your medical history in order for you to request Services.

When you register for the Platform via the Website, the registration process requires you to choose a user name and password for your account, which you should keep and maintain as confidential. If you choose to share your user name and password you understand that those individuals to whom you share that information will have access to your identifiable health information and will be able to add to your identifiable health information as though they were you. You will be responsible for all activities by users resulting from sharing or not maintaining the confidentiality of your user name or password.

If you are a registered patient user of the Platform, your identifiable health information (or that of the patient for whom you are the legal representative) will become accessible to WHS in order to provide you access to such information through the Platform. This information includes the information you provide to WHS for us to share with Providers and information uploaded to the Platform by Providers related to any Services.

Non-Identifiable Health Information

Either WHS or our third party vendor on behalf of WHS may also collect non-identifiable information, which is automatically collected as you browse or otherwise access the Platform. We may collect such information by tracking, or asking our third party vendor to track, your click-stream activity when such information is not tied to a user ID through the use of “cookie” technology or by tracking internet protocol (IP) addresses, as explained below.

Cookies

Like many companies, we may use “cookie” technology on and off of the Platform. “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. They enhance your online experience by saving your preferences while you are visiting a particular website. The cookies do not contain any identifiable health information and cannot profile your system or collect information from your hard drive.

When you view or access our Platform we may place a cookie on your computer, which may be either temporary or permanent. Temporary cookies are used to complete transactions with this Platform and for other purposes such as counting the number of visits to our certain web pages. These temporary cookies are eliminated when you exit your browser.

A permanent cookie may also be stored on your computer by your browser. When you log in, this type of cookie tells us whether you’ve visited us before or if you are a new visitor. The cookie doesn’t obtain any identifiable health information about you or provide us with any way to contact you, and the cookie doesn’t extract any information from your computer.

The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting certain types of cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that disabling temporary cookies may prevent you from using and accessing this Platform. Disabling permanent cookies may also impact your use and access of the Platform and in particular will not allow you to see any personalization on the Platform that you may activate.

In addition, if you visit our Platform again after deleting a cookie, a new cookie may be activated.

Since third parties may use their own cookies when you click on a hypertext link to their site or service, you should carefully review the privacy policy of other sites you link to from our Platform.

IP Addresses

We may also log and track IP addresses for systems administration purposes and for reporting usage trends. Your IP address is usually associated with the physical place from which you enter the Internet, the name of the domain and host from which you access the Internet, the browser software you use and your operating system, and may also depend on the date and time you access the Platform. By collecting your IP address, we may record the page that linked you to this Platform, the web pages you visit, the ads you see or click on, and other information about the type of web browser, computer, platform and settings you are using, and any search terms you enter on this Platform. IP addresses are not used to track an individual user’s session. This information only helps us determine how often different areas of our Website and Platform are visited.

We may combine non-identifiable information collected automatically (such as through IP addresses, cookies or click-stream monitoring) with any previously submitted personal information that we may have received from you.

Geographic Location

We may collect your geographic location based on your IP address and other location-based data. However, we do not collect any device identifications.

Analytics

We may also use various third party internet vendors to collect, track and analyze data regarding Website usage and trends.

Surveys
Users of the Platform may have the opportunity to participate through the Platform in various WHS surveys regarding use of the Platform and receipt of the Services.

If you choose not to receive survey invitations through the Platform you may change your privacy settings within the Platform.

Any survey responses that you choose to submit may be aggregated, deidentified and provided or sold to third parties as set forth below.

How Will Your Information Be Used And Disclosed?

We will not sell, share or rent the information that is collected via the Platform to others in ways that differ from what is disclosed in this Privacy Policy.

Identifiable Health Information

We may use any identifiable health information or other information that you voluntarily provide us in order to provide you with information, products or services that you may request from WHS or the Providers.

If you are a patient or the legal representative of a patient, any identifiable health information that you share via the Platform will be made accessible to the Providers provider and will become a part of the records maintained by WHS on behalf of the Providers, which records are subject to the Providers’ Notice of Privacy Practices. Any information generated by the Providers in providing the Services will be provided back to WHS by the Providers and will also become part of the records maintained by WHS. WHS has no control over or responsibility for the Provider’s use or disclosure of information that you may provide via the Platform.

We may also use your identifiable information to send you appointment reminders or other notifications regarding the Services. If you elect to provide us a cell phone number, you expressly consent that we can provide these communications to you via text message. Data or text charges may apply. You may change your preferred method of communication in your “My Account” setting.

To the extent permitted by applicable law, WHS may use your information to communicate to you special offers and featured items from third parties, WHS, WHS’s affiliates, and/or other suppliers and vendors. If you are receiving additional communications and special offers, you may revoke your authorization to receive such materials from WHS via the Platform at any time by contacting us using the contact information below or as outlined in the applicable communication. We will implement your revocation as soon as is commercially reasonable. WHS cannot control any communications and other materials that you may receive directly from third parties.

We will also use your information to customize your browsing experience and communicate with you and otherwise respond to your questions and suggestions regarding use of the Platform as may be permitted by applicable law.

We will share your information only with the Providers and our suppliers and vendors to the limited extent necessary to provide this Platform and the Services. We require those suppliers and vendors to comply with all applicable data privacy laws and regulations, including HIPAA. We do not sell, lease or rent your identifiable health information.

Non- identifiable Health Information
The non- identifiable health information we collect may be deidentified and shared with our suppliers and vendors and used in the aggregate to create summary statistics that help us analyze Platform usage trends, assess what information is of most and least importance, determine technical design specifications, arrange the Website in the most user-friendly way, and identify system performance or problem areas.

We may also use your geographic location to provide you with specific content and direct you to your closest service providers to the extent permitted by applicable law.

Aggregate Data

We may aggregate and deidentify identifiable health information in accordance with HIPAA, either alone or with other data to create anonymous “aggregate data” regarding the users of our Platform. Aggregate and deidentified data is information that describes the habits, treatment plans, usage patterns and/or demographics of users as a group but does not reveal the identity of particular users. This data will not identify you, but will be used as statistical information to determine such things as user demographics and usage patterns of our Platform. WHS may use aggregate data to understand the needs of our community of users and determine what kinds of programs and services we can help provide. Aggregate data may also be provided or sold to third parties, including giving third party vendors, suppliers, business partners and/or affiliates a picture of our community and services.

Other Use and Ownership

We also reserve the right to share your information collected from this Platform with third parties to the extent permitted by applicable law and, in the case of identifiable health information, pursuant to WHS’s business associate agreement with the applicable Provider.

WHS maintains full rights to any information collected on this Platform, and may freely collect, use and disclose such information unless prohibited by this Privacy Policy or applicable law.

Transfer of Data

In the event of a change in control of WHS or sale by WHS of substantially all of its assets or other acquisition, sale, merger or reorganization, any information owned by or in the control of WHS may be transferred and/or sold to such WHS successor, who will comply with the terms of this Privacy Policy.

Security

While no web site can guarantee security, we maintain physical, administrative, electronic, technical and procedural safeguards to help protect your personal information collected via the Platform as required by applicable law. While we cannot guarantee that loss, misuse or alteration to data will not occur, we use industry standards, such as Secure Socket Layers (“SSL”) technology, to help safeguard against such occurrences. In certain areas, the information passed between your browser and our system is encrypted with SSL technology to create a protected connection between you and our website to ensure confidentiality.

Our data center is both physically and electronically secured. Our servers are protected behind the Internet by using firewall and encryption technology. All data is stored and transferred in encrypted formats that exceed standards defined by HIPAA. No data is transferred to users that do not have specific data access keys.

We limit access to personally identifiable information about you to our employees and third-party agents, who we reasonably believe need to have access to your information to provide you with the information or services you request via the Platform.

In the event that a breach in our security systems occurs and there is a possibility that an unauthorized person acquires your personal information, we will notify you of such a breach as may be required by applicable law.

In order to help maintain security, you should never share your user ID or password and should always sign out when you are finished using the Platform.

Access

We will maintain your information and allow you to request updates at any time by logging into your Platform account to access your information. We will also take steps to make sure that any updates that you provide are processed in a timely and complete manner.

Third Party Websites

If you use the Platform to link to another web site, which is not controlled or maintained by WHS, you may decide to disclose personal information at that web site. For example, you might provide your contact information to obtain an information packet from an organization. Please be aware that in contacting that site, or in providing information on that site, that third party may obtain personal information about you. This Privacy Policy does not apply when you leave the Platform and go to a third party web site from the Platform. We structure the Service so that no personal or health information goes in the search string or URL when you move from the Platform to a linked web site. We encourage you to be aware when you leave our Service and to read the privacy statements of each and every site that collects personally identifiable information.

What if I am accessing this Platform from outside of the United States?

If you are visiting our Platform from outside the United States, please be aware that your information may be transferred to, stored or processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to protect your privacy. By using the Platform, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.

Important Note Regarding Children

This Website and Platform is not directed toward children under 18 years of age and WHS does not knowingly collect information from children under 18 through this Website or Platform. Any information submitted via the Platform regarding a minor under the age of 18 must be submitted by the minor’s legal representative. To the extent permitted by applicable state law, minors may access their identifiable health information through their physician.

What if I have questions or concerns regarding this Privacy Policy?

If you have any questions about this Privacy Policy or the use of your information by WHS please contact us at

Washington Health System

155 Wilson Ave

Washington, PA 15301

(724) 225-7000

info@whs.org

WEBSITE TERMS OF USE

Last Updated November 2017

Welcome to the Washington Health System website! Washington Health System (“WHS” or “we”) provides this website (“Website”) to you in order to provide you access to certain telemedicine services and consultations (“Services”) provided by the Participating Providers (each a “Provider”).

Your access to this Website is subject to your agreement with all these Terms of Use as set forth below (including our Privacy Policy). These Terms of Use together with our Privacy Policy constitute the agreement between you and WHS regarding use of this Website (“Agreement”).

Should you choose to register to access the non-public portions of this Website (“Portal”) in order to make a Service request, your use of this Website is also subject to the Patient Registration Agreement (“Registration Agreement”) that you agree to during the registration and enrollment process, which is also part of your Agreement with WHS. All references to “Website” in these Terms of Use expressly include and apply to the Portal.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW. PLEASE PRINT A COPY OF THESE TERMS OF USE FOR YOUR REFERENCE.

Modifications to this Agreement

WHS MAY REVISE THESE TERMS OF USE AT ANY TIME. SHOULD WE MAKE ANY REVISIONS, WHS WILL NOTIFY YOU AND ALL USERS BY POSTING A NOTICE REGARDING THE REVISIONS ON THIS WEBSITE. REVISIONS WILL BE EFFECTIVE AS OF THEIR POSTING UNLESS OTHERWISE STATED. BY ACCESSING OR USING THIS WEBSITE AFTER SUCH REVISIONS ARE POSTED, YOU AGREE AND CONSENT TO ALL SUCH REVISIONS.

No Medical Advice

WHS DOES NOT PROVIDE MEDICAL ADVICE ON THIS WEBSITE. THE CONTENT, INFORMATION, AND MATERIALS MADE AVAILABLE TO YOU ON THIS WEBSITE (“CONTENT”) IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY TO PROVIDE YOU INFORMATION ON AND ACCESS TO THE SERVICES. THIS WEBSITE SHOULD NEVER BE USED FOR URGENT HEALTH CARE MATTERS. IF YOU ARE EXPERIENCING AN URGENT MATTER OR OTHERWISE NEED IMMEDIATE ATTENTION, CALL 911 AND/OR PROCEED TO THE NEAREST EMERGENCY DEPARTMENT

WHS USES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CONTENT, BUT WHS DOES NOT GUARANTEE THE SEQUENCE, ACCURACY, OR COMPLETENESS OF THE CONTENT AND SHALL NOT BE LIABLE IN ANY WAY TO YOU, OR ANYONE ELSE TO WHOM THE CONTENT MAY BE FURNISHED, FOR ANY DELAYS, INACCURACIES, UNAVAILABILITY, ERRORS OR OMISSIONS IN THE CONTENT. SUCH CONTENT IS RELIED UPON AT YOUR OWN RISK AND SOLE DISCRETION.

Website Content and Access

WHS reserves the right without prior notice to discontinue any Website features, functions or content available on this Website at any time without incurring any obligations to you or any other party. Statistics provided on this Website are based upon patient and physician reporting and survey responses. Individual results from use of the Website or Services may vary.

Ownership

Copyright Washington Health System. All rights reserved.

The Content on this Website, including without limitation the text, graphics, logos, button icons, images, video and audio clips, digital downloads, data compilations and software, is owned or licensed by WHS, the Providers or their respective affiliates or vendors and is protected under applicable United States and international patent, copyright, trademark and other intellectual property laws. The compilation of all content on this Website, as well as the original arrangement, organization, design, formatting, trade dress, look and feel of the Website is also the exclusive property of WHS, the Providers or their respective affiliates or vendors and is also protected by United States and international intellectual property laws. This Website may contain various third-party names and marks that are the property of their respective owners.

Any unauthorized use of our marks or of our copyrighted material or trade dress or any other intellectual property is strictly prohibited and may be prosecuted to the fullest extent that the law provides.

Submissions

Should you send WHS any postings, feedback or data about our Website or use of our Website, such as ideas, comments, and suggestions or questions, such information will not be given confidential treatment. WHS will not have any obligation of any kind to you with respect to any postings, feedback or data that you submit. Your submission of such postings, feedback and data affects an assignment to WHS of such material (along with any underlying or related ideas, concepts, techniques and know-how) and you agree to assign and hereby assign all such postings, feedback and data to WHS without charge. As the sole and exclusive owner of such postings, feedback and data, WHS will be free to reproduce, copy, use, disclose and distribute the information to others including without limitation incorporating your postings, feedback or data (and any underlying or related ideas, concepts, techniques and know-how) into any WHS product or service or this Website without compensation to you of any kind.

Any submissions through the Website in connection with the Services pursuant to the Registration Agreement will be maintained as confidential as required by law and WHS’s obligations to the Providers.

License to Access

You may view, copy, print and use content contained on this Website solely for your own personal or internal use, provided that: (1) it is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Website is modified or framed in any way; and (3) no graphics available from this Website are used, copied or distributed separate from accompanying text. The use of any content for commercial purposes is expressly prohibited. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of WHS or any third party, except as expressly provided in this section.

You may not access, use or copy any portion of the Website through the use of indexing agents, spiders, scrapers, bots, web crawlers or other automated devices or mechanisms. You agree not to remove or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of the Content.

You may not use, copy, modify, duplicate, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, frame, hyperlink or transmit any of the content or materials of this Website or rent or sell use of or access to (such as on a time share or service bureau basis) this Website, or any of the content or materials on this Website. You may not permit third parties to access this Website or use any Website content and may not make any other use of the Website or any Website content except as set forth in this Agreement, unless otherwise expressly agreed to in writing by WHS. You may not harvest or collect information about others, including e-mail addresses. Any conduct by you that, in our discretion, restricts or inhibits any other person from using or enjoying the Website will not be permitted.

You understand and agree that WHS may terminate or otherwise deny your access to the Website without notice in the event WHS believes in its sole discretion that (i) you have violated a provision of this Agreement or your Registration Agreement, (ii) you have used or misused the Website in a manner that WHS has determined is unlawful, unethical or otherwise inappropriate, or (iii) such action is reasonably necessary to protect a third party or WHS or if such action is otherwise required by law.

You acknowledge and agree (1) that your use of this Website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this Website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.

Third Party Websites

This Website may contain links to, or be accessed through links on, websites managed and operated by or on behalf of third party entities. These third parties are separate and independent entities and are not agents of WHS.

WHS does not have control over such third party websites or the content of such websites. As a result, WHS does not have responsibility for the information, misinformation, errors, availability, operation or performance of any such third party website to which this Website may link or from which this Website may be accessed.

No Endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, WHS name or otherwise does not constitute or imply the endorsement or recommendation of such by WHS. Any views expressed by third parties on this Website are solely the views of such third party and WHS assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Warranty Disclaimer

THIS WEBSITE AND ALL INFORMATION, SERVICES AND RELATED MATERIALS IT CONTAINS ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” WHS MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS WEBSITE OR THE INFORMATION OR MATERIALS IT CONTAINS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WHS, THE PROVIDERS AND THEIR RESPECTIVE AFFILIATES AND VENDORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

USE OF THE INTERNET IS INHERENTLY UNRELIABLE. AS A RESULT, NEITHER WHS NOR THE PROVIDERS WARRANT THAT THE WEBSITE OR
YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT
THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WHS NOR
THE PROVIDERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS
WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

WHILE WHS TAKES COMMERCIALLY REASONABLE EFFORTS TO PROTECT THE PRIVACY AND CONFIDENTIALITY OF YOUR INFORMATION AND
TRANSACTIONS, WHS CANNOT ENSURE ANY INTERNET TRANSACTION IS COMPLETELY SECURE. WHS AND ITS VENDORS USE INDUSTRY
STANDARD TECHNOLOGY TO HELP PROTECT AGAINST THE LOSS, MISUSE AND ALTERATION OF THE INFORMATION UNDER WHS’S CONTROL;
HOWEVER, WHS DOES NOT GUARANTEE THAT SUCH LOSS, MISUSE OR ALTERATION WILL NOT OCCUR.

YOU UNDERSTAND THAT USE OF THE INTERNET AND THIS WEBSITE IS AT YOUR OWN RISK. WHS, THE PROVIDERS, AND THEIR RESPECTIVE VENDORS, AFFILIATES, AND SUPPLIERS ARE NOT RESPONSIBLE FOR ANY VIRUS OR DAMAGE TO YOUR COMPUTER, COMPUTER SOFTWARE, OR ANY LOSS OF DATA THAT MAY RESULT FROM USE OF THE WEBSITE OR ACCESS TO ANY SERVICES.

This Website may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. WHS cannot predict or control when such downtime may occur and cannot control the duration of such downtime. As a result, WHS cannot and does not have any liability for such failures.

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by WHS on this Website, but WHS is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors. Information and related materials are subject to change without notice.

No advice or information from WHS or the Providers in any manner will create any warranty as to this Website or any product, service or material available through this Website. If for any reason you are not satisfied with this Website or its content, your sole remedy is to cease using this Website or such content, even if such remedy should fail of its essential purpose.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT WILL WHS, THE PROVIDERS, OR ANY OF THEIR RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO THIS WEBSITE OR YOUR USE OF THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THIS WEBSITE. NOTWITHSTANDING THE FOREGOING, IN ANY EVENT, THE AGGREGATE LIABILITY OF WHS, THE PROVIDERS AND THEIR AFFILIATES AND VENDORS FOR ANY REASON SHALL NOT EXCEED $100.00 US, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WHS, THE PROVIDERS, AND THEIR RESPECTIVE VENDORS, AFFILIATES AND THEIR OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONSULTANTS, AND AGENTS FROM AND AGAINST ANY CLAIMS, ALLEGATIONS, DAMAGES, LOSSES, LIABILITIES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS’ FEES) THAT SUCH PARTY MAY SUFFER OR INCUR AS A RESULT OF (I) YOUR USE OR MISUSE OF THE WEBSITE, (II) YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF WHS, OR ANY OTHER PERSON OR ENTITY, (III) YOUR VIOLATION OF ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY PRIVACY OR DATA SECURITY LAW OR REGULATION, OR (IV) YOUR VIOLATION OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, WHS RESERVES THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM, SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.

Disputes and Interpretation
This Agreement is governed by and interpreted under the laws of the Commonwealth of Pennsylvania and the federal laws of the United States, without regard to conflicts of laws principles. This Agreement and access to the Website will be deemed to have been performed and occurred in the Commonwealth of Pennsylvania and the courts of Pennsylvania will have exclusive jurisdiction to entertain any action arising under this Agreement. You hereby irrevocably submit to the exclusive jurisdiction and venue of the courts of the Commonwealth of Pennsylvania, the County of Washington, and the Western District of Pennsylvania, as applicable, and waive any objections as to personal jurisdiction, venue and forum nonconveniens.

Any claim, dispute, or controversy arising from or relating to the Website or this Agreement will be resolved by neutral binding arbitration administered by the National Arbitration Forum (“NAF”) under the Code of Procedure (“Code”) of the NAF in effect at the time the claim is filed. Any such arbitration will take place in Washington County, Pennsylvania. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. The decision of the arbitrator will be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16. Judgment upon the award may be entered in any court having jurisdiction.

Notwithstanding the foregoing, WHS may seek injunctive or equitable relief through a court of competent jurisdiction in the event of any misuse of its intellectual property or any misuse of its Website or systems, without the posting of a bond, proof of damages or other similar requirement.

Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of this Agreement. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition will be severable and shall not affect the validity and enforceability of any remaining condition.

This Agreement, along with our Privacy Policy and where applicable Registration Agreement, are the sole terms governing your use and access of this Website and supersedes all other agreements regarding use of the Website. Our electronically or otherwise properly stored copy of this Agreement will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of this Agreement in connection with any action or proceeding arising out of or relating to this Agreement. Any waiver of any portion of this Agreement will be effective only if in writing and signed by WHS.

Contact Us

If you have any questions about this Agreement, please contact us at:

Washington Health System

155 Wilson Ave

Washington, PA 15301

(724) 225-7000

info@whs.org