TERMS AND CONDITIONS OF USE

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Quality Systems, Inc. and its wholly-owned subsidiary, NextGen Healthcare Information Systems, Inc. ("QSI"), provide this website (www.qsinet.com) (hereinafter “Site” or “QSINet”) as a service to its Healthcare Providers and their Patients.  We provide you services subject to the following Terms and Conditions of Use. If you elect to use our website, you must accept the following Terms and Conditions of Use. Please read them carefully.  QSI reserves the right to revise and update these Terms and Conditions of Use at anytime and without notice.  As you are required to accept these Terms and Conditions of Use and all subsequent changes thereto, continued use of this Site establishes an unrebuttable presumption that you have accepted the Terms and Conditions of Use as provided herein at the time of use. It is your responsibility to periodically review these Terms and Conditions of Use to ensure that you are aware of any changes that are made.

Privacy and Security

Please review the QSI Privacy Policy, which governs the use of information by QSI. Please also review the privacy policy of your Healthcare Provider, which governs the use of information by the Healthcare Provider. The QSI Privacy Policy is posted on this Site and should be read and understood prior to use of the Site. The QSI Privacy Policy is hereby incorporated by reference into these Terms and Conditions of Use. Recognition and acceptance of these Terms and Conditions of Use necessarily requires recognition and acceptance of the QSI Privacy Policy.

Terms Defined

Healthcare Provider.  The term “Healthcare Provider” as it is used in these Terms and Conditions of Use refers to the Healthcare Provider through which Patients are receiving their medical and dental treatment.  Unless otherwise noted, the term Healthcare Provider refers only to the Healthcare Providers who are customers of QSI.

Patient.  The term “Patient” as it is used in these Terms and Conditions of Use refers to the medical patients of the Healthcare Providers. Patients are those individuals who are using QSINet to access their medical records and facilitate the Healthcare Provider-Patient relationship.

Application of Provisions

Unless otherwise noted, all Terms and Conditions of Use stated herein apply to both Healthcare Providers and Patients alike.

Conflicting Provisions

None of these Terms and Conditions of Use are meant to supersede, override, or in any other way, limit the contractual relationship between QSI and its Healthcare Providers as established by the Program Licensing Agreement.  Any conflict arising from the interpretation, application, or enforcement of the Program Licensing Agreement and these Terms and Conditions of Use is to be reconciled in favor of the Program Licensing Agreement. No invalidated provision as applied to Healthcare Providers is in any way to be construed as a waiver or invalidation of the same provision as applied to Patients.

Intended Use; Fraud

QSINet is a Patient Access Product which allows Patients to register online as new Patients or to gain access to their existing Patient accounts.  Once registered, QSINet allows Patients to view/pay their bills, view/schedule/cancel/confirm appointments, update demographic, insurance, or health history information, communicate with their Healthcare Provider through the “Ask a Question” feature, and receive email—through which Patients can be notified of billing statements and upcoming appointments. This Site is therefore intended to be used in accessing information and facilitating communication between Healthcare Provider and Patient.  You agree not to use this Site in any manner not in accordance with its intended use.

Authorized to Access Information

Unauthorized access to Patient information is strictly prohibited.

With each use of this Site, you warrant that you are authorized to access all personal information to be viewed, and further warrant that you are authorized to conduct all activity, or communication, that is conducted whiled logged into the Site.  Any unauthorized use of this Site is subject to penalty and prosecution in violation of federal and local law.

Healthcare Provider Management

All data relating to or deriving from the Healthcare Provider-Patient relationship is maintained and administered by the Healthcare Provider.  QSINet provides the connectivity for this Healthcare Provider-Patient relationship. QSI’s relationship with the Healthcare Provider and the Patient is limited to its role as forum and access provider for the information and communication that would otherwise occur through direct telephone, letter, email, fax, and in person communications between Healthcare Provider and Patient. 

As between QSI and Healthcare Provider, liability to Patient arising from mismanagement or administration of protected personal information by Healthcare Provider is limited to Healthcare Provider.  Patient acknowledges that QSI does not in any way warrant that Healthcare Providers will not negligently mishandle, mismanage or in any other manner improperly administer the Patients’ personal information.

General Disclaimer

QSI does not render medical advice and does not recommend or endorse healthcare related information that may be contained on this Site.  Site content is strictly for informational purposes and is not intended in any way to be a substitute for professional medical advice, treatment, or diagnosis. This Site is not intended for use in the diagnosis of any medical condition, or in the cure, mitigation, treatment or prevention of any medical condition. Always seek the advice of your qualified Healthcare Provider for questions you may have concerning your health. Do not rely on any content, guidelines, products or any other service offered by or through this Site for medical advice, diagnosis, management or treatment. Never disregard medical advice or delay in seeking advice because of something you have read on this Site.  If you think you may have a medical emergency, call you Healthcare Provider or 911 immediately.

Disclaimer Of Warranties And Limitation Of Liability

This Site is provided by QSI on an “as is” and “as available basis.” QSI makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, or products  included on this Site.  QSI does not guarantee continuous, uninterrupted or secure access to services, and operation of the Site may be interfered with by numerous factors outside of QSI’s control.  You expressly agree that your use of this Site is at your sole risk.

To the full extent permissible by law, QSI disclaims all warranties, express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.  QSI does not warrant that this Site, its servers, or email sent from QSI are free of viruses or other harmful components. QSI is not liable for any damages of any kind arising from the use of this Site.

By using this Site you acknowledge that information will be transmitted by devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, internet service providers, and others, all of which are beyond the control and jurisdiction of QSI and its suppliers.  QSI assumes no liability for acts or omissions of these third party service providers and does not warrant or guarantee any services provided by third parties.

Notwithstanding the foregoing, if QSI or any third party provider or distributor should be found liable for any loss or damage which arises out of, or is in any way connected with any of the above described functions or uses of this Site or its content, the liability of QSI, and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the service charge (if any) for accessing this Site, or (b) US$500.00.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you might have additional rights.

Indemnification, Hold Harmless

By your use of the Site you agree to defend, indemnify and hold QSI, its officers, directors, employees, agents, and partners, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site, including all content, services and interactive areas, in a manner that violates or is alleged to violate these Terms and Conditions of Use. QSI shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Relationship

The relationship between QSI and Healthcare Provider is that of independent contractors, and neither QSI, nor any of its respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of Healthcare Provider.

Release

As QSI is not involved in the rendering of medical advice, in the event that you have a dispute with any individual or entity that arises out of your use of this Site, you release QSI (and its officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Patient hereby releases QSI (and its officers, directors, agents, subsidiaries and employees) and Healthcare Provider from all liability and subsequent damages resulting from the negligent unauthorized release of personal medical information, and from QSI’s access and use of personal information in its ordinary course of business.  This release is to be construed as permitting the maximum amount of liability protection allowed by federal and local law. Patient knowingly provides permission to QSI to access and use personal account information (see QSI Privacy Policy for explanation of access and use) as QSI deems necessary in its ordinary course of business.

Jurisdiction

You expressly agree that any dispute with QSI relating to your membership or use of the Site, will be resolved in the courts of the State of California, County of Orange.  You agree further and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving QSI or its affiliates, employees, contractors, officers, directors, telecommunication providers and content providers.  These Terms and Conditions of Use are governed by the substantive laws of the state of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.

Endorsements

This Site may from time to time provide sponsorships, links or references to other websites. However, QSI is not endorsing these websites, products, services or their respective owners or their opinions. QSI has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from their content. Any links to other sites are provided merely as a convenience to you.

Electronic Communications

When you visit the Site or send emails to Healthcare Provider, Patient, or QSI, you are communicating electronically. You consent to receive communications from QSI, Healthcare Provider, and Patient electronically through this Site. On occasion, QSI will communicate with you by email or by posting notices on this Site.  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.  This provision applies to all electronic communication, including, but not limited to, email.

Account Maintenance and Family Accounts

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Where one or more Patient exists on a Healthcare Provider’s account, the designated “Primary Account Holder” under the Healthcare Provider will also be treated as the Primary Account Holder for purposes of QSINet account maintenance and communication.  The Primary Account Holder will receive all Site related communications.  All Patients existing on the same account will have access to the account information for each member of that account.

Those individuals who are dependents or otherwise existing under a Primary Account Holder of a family account are responsible for any changes to their status or existence on the account. If such a Patient wishes to withdraw from the family account, either to establish a new account or discontinue use of QSINet, the Patient is responsible for initiating and completing the process by which they may be withdrawn from the family account. QSI is not responsible for any access to information concerning one family account member by another member of the same account.  It is the Patient’s responsibility to remove themselves from a family account if they do not wish to have another member of the same account access their personal information.  The process through which the Patient removes themselves from a family account is administered by their Healthcare Provider, not by QSI.

Additionally, Patient maintains the right at all times to split, freeze, or completely terminate any existing account. Patient is responsible for ensuring that any such alterations to their account are made in accordance with their wishes.  Patient must initiate and complete any account alterations with their Healthcare Provider.  QSI is not involved in account alterations and is not responsible for the improper, or untimely nature in which the Healthcare Provider execute account alteration requests.

Security

QSI employs reasonable and up-to-date security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of Healthcare Provider and Patient information.

Account information and profiles are password-protected.  QSI recommends that you do not divulge your passwords to anyone. QSI will never ask you for your password in an unsolicited phone call or email. 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.

Whenever you voluntarily disclose personal information in a public online forum – for example on message boards, through email or in chat areas – that information can be collected and used by others. No information that you wish to remain confidential should ever be included in communication in a public online forum.  Where release of such information is necessary, you are strongly encouraged to use more secure lines of communication, such as a phone or in-person communication. Dissemination of personal information in a public online forum is done solely at your own risk.  QSI is not responsible for any misappropriation of personal information which occurs due to its release into a public online forum.

No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while QSI tries to protect your personal information, it cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.

Intellectual Property

This Site contains the copyrighted and protected material of QSI. Some material in the website is from copyrighted sources of the respective copyright claimants.  Users of this material are solely responsible for compliance with any copyright restrictions and are referred to the copyright notices appearing in the original sources, all of which are hereby incorporated by reference.

The trademarks, service marks, trade names, trade dress, patents and copyrights featured on this Site, including QSINet are owned by QSI in the United States and internationally. The trademarks, service marks, trade names, trade dress and products featured on this Site are protected by laws in the United States and internationally.  All other trademarks not owned by QSI or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by QSI or its subsidiaries.

This Site is the copyrighted property of QSI and/or its various third party providers and distributors, and is protected by United States copyright laws, local law, and foreign laws including international treaties.  Third party providers and distributors own much of the content found on this Site. 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 may otherwise not be copied, disseminated or used in any other way.

License And Site Access

QSI grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of QSI.  This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of QSI so long as the link does not portray QSI, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any QSI logo or other proprietary graphic or trademark as part of the link without express written permission.

Minor Policy

This Site is only available for adult use, and individuals under age 18 should obtain the consent of their parents or legal guardian prior to using this Site with their supervision. You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information. Parents or guardians may use this Site on a minor's behalf and should supervise a minor's use of this Site.

Reviews, Comments, Communications, And Other Content

Visitors may send communications; submit suggestions, ideas, comments, questions, or other information; and when available, post reviews, comments, and other content, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. QSI reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, you grant QSI and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant QSI and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify QSI or its affiliates for all claims resulting from content you supply. QSI has the right but not the obligation to monitor and edit or remove any activity or content. QSI takes no responsibility and assumes no liability for any content posted by you or any third party.

Severability and Waiver

If any of these Terms and Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.  No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

General

You agree that these Terms and Conditions of Use and all incorporated agreements may be automatically assigned by QSI, in its sole discretion, to a third party in the event of a merger, acquisition, sale of assets, or by operation of law. 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 of Use (including any information expressly incorporated by reference) set forth the entire understanding and agreement between you and QSI with respect to the uses of this Site. QSI reserves the right to terminate your access to QSINet at anytime and without warning.  All provisions relating to liability, release, indemnification, intellectual property and license shall survive any termination or expiration of these Terms and Conditions of Use.

Our Address:

Quality Systems, Inc.

18191 Von Karman, Suite 450

Irvine, CA 92612

www.qsii.com

 

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