The KeyHIE® Program was formed in April of 2005 when hospitals and other health care providers from central and northeastern Pennsylvania contracted to participate in the benefits of sharing health care information electronically. Since that time, other covered entities (including a payor) have joined KeyHIE. KeyHIE® provides health care professionals with timely access to information they need to care for their patients. KeyHIE® facilitates secure sharing of patient data and other information in a standardized, electronic format. KeyHIE® is supported by the business associate of its members, Geisinger System Services, a Pennsylvania non-profit corporation (“GSS”) and GSS maintains the KeyHIE® and MyKeyCare™ and KeyHIE Transform™ websites along with other contracted third parties (e.g. Caradigm USA LLC ).
1. Restrictions on Use and Ownership
All pages within this Web site and any material made available for download (collectively referred to as “the Site”) are the property of the KeyHIE® Program. The content on the Site is provided for informational purposes only. KeyHIE® Program participants hereby grant you a nonexclusive license to use the Site solely for your personal, non-commercial use and not to use the Site to obtain materials, data, or information for purposes of gaining a competitive advantage. As a condition of your use of this Site, you warrant to KeyHIE® Program participants that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. The contents of the Site (including the text, images, audio, and video) are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of the copyright owner, except that you may download content from the Site to any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices. For purposes of these Terms and Conditions, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. Persons viewing this Site may not make copies of any of the materials on it for any purpose, with the sole exception of the automatic copies that your Web browser may make to a temporary cache on your computer’s hard drive for ordinary private viewing purposes. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by the covered entities of the KeyHIE® Program.
2. No Medical Advice
All health and health-related information contained within this Web site is intended to be general in nature and should not be used as a substitute for asking a health care professional. The information you obtain from this Site might not be right for you. The covered entities of the KeyHIE® Program assume no responsibility for how you use the information you obtain from this Site. You may be accessing “Protected Health Information” or “PHI” (as defined by HIPAA) via the MyKeyCare™ application and may wish to communicate with one of your health care providers about that or related information. If you have an emergency, or think you need to speak to someone urgently, please do not use the secure email communication options provided to you by MyKeyCare™. Neither MyKeyCare™ nor any other application available through this Web site is a substitute for appropriate and timely contact with your physician. Neither KeyHIE® nor MyKeyCare™ is a substitute for consultation with your physician. You should never change or stop any course of treatment prescribed by your physician without first consulting him or her. Also, please note that although we strive to keep our information up to date, medical information changes rapidly and some information may be out of date. For advice about your own situation, ask your doctor! The covered entities of the KeyHIE® Program may use your health information in order to provide you with better health care services. The covered entities of the KeyHIE® Program may disclose PHI as permitted or required by law. The covered entities of the KeyHIE® Program cannot ensure that the information contained on the server will be available at all times, and because you are responsible for inputting information onto the KeyHIE® server, KeyHIE® cannot ensure that the information provided by you on its Web site will be accurate. The KeyHIE®, MyKeyCare™ and KeyHIE Transform™ Web sites are NOT designed to make diagnoses or to help you make diagnoses. Only your physician can properly diagnose and treat your illness.
3. WARRANTY DISCLAIMER
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. NO WRITTEN INFORMATION OR ADVICE GIVEN BY KEYSTONE HEALTH INFORMATION EXCHANGE (KeyHIE®) AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
4. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER THE COVERED ENTITIES OF THE KeyHIE® Program , NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF KeyHIE® or MyKeyCare™ WEB SITES OR ANY RELATED APPLICATIONS, INCLUDING BUT NOT LIMITED TO “KeyHIE” and MyKeyCare™. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE COVERED ENTITIES OF THE KeyHIE® Program, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF KeyHIE®, MyKeyCare™ or KeyHIE Transform™ WEB SITES. YOU ADDITIONALLY AGREE THAT, IN THE EVENT SOMEONE OTHER THAN YOU GAINS ACCESS TO THE MEDICAL INFORMATION FOUND ON KeyHIE®, MyKeyCare™ or KeyHIE Transform™ WEB SITES OR ANY RELATED APPLICATIONS, INCLUDING BUT NOT LIMITED TO “KeyHIE®”, MyKeyCare™ or KeyHIE Transform™, EITHER THROUGH THEFT OF YOUR PERSONAL IDENTITY, INTIMATE KNOWLEDGE OF THE ANSWERS TO YOUR SECURITY QUESTIONS OR YOUR FAILURE TO PROPERLY PROTECT YOUR PASSWORDS AND/OR SECURITY QUESTION INFORMATION, YOU WAIVE ANY AND ALL RIGHTS TO PURSUE THE COVERED ENTITIES OF THE KEYHIE PROGRAM OR ANY OF THEIR AFFILIATES FOR ANY CLAIM FOR DAMAGES OF ANY TYPE THAT MAY ARISE OUT OF THIS IMPROPER ACCESS OR IDENTITY THEFT. THE COVERED ENTITIES OF THE KEYHIE PROGRAM AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. Accuracy and Integrity of Information
Although KeyHIE® attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform KeyHIE® so that it can be corrected. Information contained on the Site may be changed or updated without notice.
6. Visitor Chat Rooms and Other Interactive Areas: The KEYHIE PROGRAM may, but is not obligated to, monitor or review any areas of the Site where visitors may transmit or post communications or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards, and other user forums (“Communications”), and the content of any such Communications. KEYHIE PROGRAM, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. KEYHIE PROGRAM retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.
7. Links or Pointers to Other Sites
The covered entities of the KEYHIE PROGRAM makes no representations whatsoever about any other Website that you may access through this Site. When you access a non- KeyHIE® site, please understand that it is independent from KeyHIE® and that KeyHIE® has no control over the content on that Web site. In addition, a hyperlink to a non- KeyHIE® Web site does not mean that KeyHIE® endorses or accepts any responsibility for the content or the use of the linked site. KeyHIE® does not represent or endorse the accuracy or reliability of any of the information, content, or advertisements contained on, distributed through, linked, downloaded, or accessed from any of the services contained on this Web site, nor the quality of any products, information, or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection therewith. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
8. Hyperlinks to This Site
Persons constructing other Web sites may, of course, link to any of the pages on this Site. However, you may not copy any of the materials from this Site onto your own Web server for any reason. Also, you may not link to isolated elements on this Site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) for the purpose of “inlining” them into the context of other Web pages, or for linking such isolated elements to other Web pages. In other words, link to entire pages on this Site, or don’t link at all. Any other use will be a violation of copyright and could subject you to legal action.
Web mirror sites and commercial online services may not request permission to cache this entire Site to their hard drives for the purpose of enabling people to access it more easily or view it more rapidly. Under no circumstances will they be granted the right to copy parts of the Site piecemeal, but only to copy the entire Site, preserving all the interior and exterior links, and not employing any of the materials out of their original context. For permission to “mirror” the Site, please send email to the webmaster (firstname.lastname@example.org) describing your request.
10. Choice of Law and Venue
These Terms and Conditions are entered into in the Commonwealth of Pennsylvania and shall be governed by and construed in accordance with the laws of Commonwealth of Pennsylvania, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state courts sitting in Montour County, Pennsylvania and the federal courts of the Middle District of Pennsylvania, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. Any cause of action or claim you may have with respect to your use of KeyHIE® Web site must be commenced within one (1) year after the claim or cause of action arises. KeyHIE® failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
You agree to indemnify, defend and hold harmless the covered entities of the KeyHIE® Program, their affiliates, officers, directors, employees, agents, suppliers, and Licensors (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your use of the KeyHIE®, MyKeyCare™ and KeyHIE Transform™ Web sites or your MyKeyCare account (including negligent or wrongful conduct) by you or any other person accessing the Web site using your account or password.
12. Third Party Rights
The provisions of paragraphs 4 (Waiver, Release and Limitation of Liability) and 11 (Indemnification) are for the benefit of the covered entities of the KEYHIE® Program and their officers, directors, employees, agents, suppliers, and their licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
13. Term; Termination
These terms and conditions are effective upon your accessing this Web site. KeyHIE® may terminate KeyHIE®, MyKeyCare™ and KeyHIE Transform™ websites without prior notice at any time for any reason including but not limited to personal account access to any KeyHIE® Services and applications due to extended periods of inactivity and upon notification of your death. Access to Services and accounts shall not be transferable to a third party and may be terminated upon your death. The provisions of the Disclaimer set forth above and of paragraphs 4 (Waiver, Release and Limitation of Liability) 10 (Choice of Law and Venue), 11(Indemnification), and 12 (Third Party Rights) and shall survive any termination of this Agreement.
The covered entities of the KeyHIE® Program may assign their rights and duties under this Agreement to any party at any time without notice to you.
The covered entities of the KeyHIE® Program may deliver notice to you under these terms and conditions by means of electronic mail, a general notice on the Web site, or by written communication delivered by first class U.S. mail to your address on record in KeyHIE® account information.
16. Entire Agreement
These Terms and Conditions constitute the entire agreement between the covered entities of the KeyHIE® Program and you pertaining to the subject matter hereof. In its sole discretion, the covered entities of the KeyHIE® Program, from time to time, revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such versions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions.