Patient Portal Conditions and Terms of Individual Use Agreement [as of January 26, 2015]

This Patient Portal is not to be used for emergency communications or any sort of urgent healthcare need.If You have an emergency situation, please contact Your emergency first responders (by calling 911 or other method of contact) or arrange for transportation to the nearest emergency care provider.  For non-emergency but more urgent concerns, You should contact Your Healthcare Provider directly via telephone or in-person through the contact information Your provider has given to You and follow up with Your Healthcare Provider until Your concerns are responded to by Your Healthcare Provider to Your satisfaction.

Please read this entire Patient Portal Conditions and Terms of Individual Use Agreement (Agreement) very carefully. If You have any questions about this Agreement or Your responsibilities and the terms and conditions of this Agreement, please get Your own legal and other professional advice and discuss with Your Healthcare Provider before You agree to the terms of this Agreement and before You access and use this Patient Portal service.  You must be willing and able to understand and agree to the terms in this Agreement as a condition prior to, and continuing throughout, Your access and use of this system.You and eMDs are each a Party to this Agreement.You may have specific rights and obligations that vary depending upon where You and also Your Healthcare Provider is located or provides healthcare to You.

If You have any concerns whatsoever about the healthcare information and services that are provided to You or available to You, as well as Your rights and responsibilities, You should seek independent guidance from Healthcare Providers and legal counsel that are selected by You.

This Patient Portal is an optional and additional method of access and communication that You may elect to use with awareness of the risks, limitations, and conditions of using this Patient Portal.This Patient Portal is not intended for or authorized for use by the general public and is only for use by patients of healthcare providers authorized to use specific offerings from eMDs.

This “Patient Portal” is an online internet-accessible system (supplied by eMDs, Inc. (“eMDs”) that provides a voluntary option (at no direct cost to You) that allows Your Healthcare Provider (“HCP”) and You to share certain information through the functionality as supplied within the Patient Portal.  The Patient Portal is not intended to be used for any other purposes and is not intended to replace or serve in any way as a method or system to provide actual professional care related to Your medical and health.  Due to the many variables and other conditions that may impact the use and operation of this Patient Portal system as well as the limited intended and actual use functionality within the Patient Portal system, You and each user should take all appropriate and reasonable steps:

• To verify the accuracy and completeness of any information that You may view, receive, or access in this system.
• To confirm the delivery and receipt of any data that You may attempt to send through this system.
• To follow up as may be reasonable and necessary both within this system and by other means of communication and interaction with Your Healthcare Provider(s) for any concerns or questions You may have.

Your HCP controls the access and set up or Your Patient Portal account with the HCP. Your HCP will enter the information and enable and control Your access to such information with the Patient Portal account with Your HCP.  If You have more than one HCP using the Patient Portal system and any HCP is using a separate database system, You will have a unique account for each such separate HCP.  Your HCP controls the Patient Portal account You have with the HCP. If You have any concerns or questions related to Your Patient Portal account and any information You may view, access or enter in that account, You should promptly contact Your HCP.

If You have any concern about a possible misuse or breach of security related to the Patient Portal or Your information that is contained or shared within the Patient Portal, including but not limited to unauthorized use of Your password or account, please contact Your HCP and follow up with eMDs as may be appropriate.To help ensure the security of Your password and Patient Portal account, please sign out from Your Patient Portal account each time You finish Your active use of the Patient Portal.

Much of the Data You may review or have access to through this Patient Portal may be healthcare and medical related information.  That Data is provided for general informational purposes only. By providing this Patient Portal system, eMDs does not directly or indirectly provide any professional healthcare, practice medicine, render medical advice, or dispense medical services through this Patient Portal or otherwise. Nothing contained in the Patient Portal as provided by eMDs is intended to be a medical diagnosis or treatment. No medical professional/patient relationship is created between eMDs and You through Your use and access of the Patient Portal and any Data You may send or view or receive. You should always seek the direct care and advice of Your HCP or other qualified medical/health professional if You have any questions or concerns related to Your care, treatment, and diagnosis or related to any Data in the Patient Portal.

Your HCP has control over Your personal healthcare related information and any other information that You may provide to Your HCP through the Patient Portal or that Your HCP receives from other methods.Any such use and services by Your HCP is subject to certain federal laws (laws of the United States) and may also be impacted by the laws of the state in which Your HCP is located or provides services to You.  If You have any questions or concerns about such matters, please seek Your own professional advice and also communicate with Your HCP who should also provide information to You, including Your HCP’s use and disclosure of any of Your information and to explain options You may have related to such uses and disclosures.On behalf of Your HCP, eMDs provides this Patient Portal to You as an option to use and also subject to the formal contract between Your HCP and eMDs. To the extent eMDs is considered a “business associate” of Your HCP under federal law, eMDs is subject to the same restrictions on the use of Your federally protected individually identifiable health information that apply to Your HCP. eMDs is required, as applicable, to apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of certain individually identifiable health information that eMDs retains and processes on behalf of Your HCP. Like Your HCP, eMDs is also subject to certain federal laws and regulations as applicable to Your personally identifiable information that eMDs may store or process directly or on behalf of Your HCP.

Additional Explanations of Certain Words in this Agreement

“You” – [including the words “Your”] any individual who elects to use and access this Patient Portal. You must be an individual who has legal capacity to act on Your own behalf or are the authorized parent or guardian to act on behalf of the individual person who You may be using this system for the specified purpose.  This system is not and should not be used by children who are under the age of 13 or for any individual who does not have the legal authority or legal capacity to consent to these terms and to use this system for its intended purpose.

“Data” – any and all of the information and content that You may send, view or receive through Your use and access of the Patient Portal.

“HCP” –   Your Healthcare Provider (HCP) is the authorized professional (who is not part of eMDs) who is setting up Your Patient Portal account for You. Your HCP is also the person from whom You are receiving medical or other personal health-related services or from whom You are considering receiving such services.  In addition to such professional person, the term “HCP” also includes, as applicable:(1) the legal entity(ies) that employs or has an agreement with such professional related to providing such services to You; and (2) the authorized staff or persons who assist such professional in the provision of such services to You.  You may have, or need to have, more than one Patient Portal account if You have more than one HCP (or if Your HCP) and the HCP uses a system that is not part of Your Patient Portal account with a specific HCP.

“eMDs” – [including the words, “we”, “us”, and “our”] includes eMDs, Inc., its officers, agents, and team members acting within their respective authority, eMDs, Inc. the legal entity who is providing this Patient Portal system as an option for You and Your HCP(s) to use for the intended purposes of exchanging data related to You and Your healthcare related services.

“Suppliers” – the individual or individuals who: (1) are not part of eMDs; and, are (2) authorized to provide services or offerings to eMDs.

“Distributors” – the individuals or entities who: (1) are not part of eMDs; and, (2) are authorized to distribute, resell, or otherwise provide this Patient Portal to You.

“ Third Party ” – refers to an entity or individual who is not part of eMDs and who is also not You (an authorized personal end user of the Patient Portal who is using the Patient Portal for its intended purpose).

“Third Party Items” – refers to services, software, including without limitation application software, routines, tools, compilers, online resources, equipment, online or in-person resources, data or databases, or enhancements to functionality of the Patient Portal, that may be included or linked to as part of the Patient Portal, which is proprietary to or provided by a third party, and use of such items is and shall be subject to restrictions in this Agreement and by the applicable third party.

Limited Assurances and Disclaimer of Warranties and Limitations of Liability

We provide the Patient Portal to You using what we believe to be reasonable efforts under the circumstances related to our business operations to provide a Patient Portal that is convenient and secure and private and we hope that You will enjoy using the Patient Portal. But there are many things that we do not: (1) promise or agree to provide to You related to the Patient Portal; or, (2) have a responsibility to provide to You.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, eMDs our SUPPLIERS and our DISTRIBUTORS DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE PATIENT PORTAL. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE ACCURACY OR COMPLETENESS OF ANY DATA (INFORMATION) WITHIN THE PATIENT PORTAL, THE SPECIFIC FUNCTIONS OF THE PATIENT PORTAL, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR INDIVIDUAL NEEDS. WE PROVIDE THE PATIENT PORTAL “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, eMDs, OUR SUPPLIERS, AND OUR DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR ANY: PERSONAL INJURY OR HARM; DAMAGE TO PROPERTY: LOSS OF REVENUE, TIME, PROFIT, DATA, OR MONEY; SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR ANY OTHER HARMS OR ADVERSE RESULT -- THAT MAY OCCUR AND IMPACT YOU RELATED TO YOUR USE OF THE PATIENT PORTAL OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PATIENT PORTAL, WHETHER ANY ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF eMDs, Inc. (OR YOUR HCP) HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE TOTAL LIABILITY OF eMDs, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT, IF ANY, YOU PAID DIRECTLY TO eMDs TO USE THE PATIENT PORTAL DURING THE YEAR PRECEDING THE DATE OF THE INCIDENT THAT IS THE BASIS FOR ANY LIABILITY THAT MAY BE ULTIMATELY IMPOSED ON US. eMDs, AND OUR SUPPLIERS AND DISTRIBUTORS, WILL ALSO NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PATIENT PORTAL MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS OR MAY NOT FORMAT ACCURATELY ON WHATEVER METHOD YOU ARE USING FOR ACCESS. CHANGES ARE PERIODICALLY ADDED TO THIS INFORMATION AND THE PATIENT PORTAL.  YOUR HCP AND eMDs, Inc., MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PATIENT PORTAL AT ANY TIME. ANY INFORMATION YOU RECEIVE VIA THE PATIENT PORTAL SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD COMMUNICATE IN PERSON WITH YOUR HCP OR OTHER APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE AND GUIDANCE FOR YOUR OWN PERSONAL SITUATION.

YOUR HCP and eMDs MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIS PATIENT PORTAL FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH DATA WITHIN THE PATIENT PORTAL AND THE PATIENT PORTAL ARE PROVIDED "AS IS" WITHOUT WARRANTY OR ASSURED CONDITION OF ANY KIND. YOUR HCP and eMDs, Inc. DO NOT PROVIDE ANY WARRANTIES AND ASSURED CONDITIONS (INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) WITH REGARD TO THIS DATA AND THIS PATIENT PORTAL,.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF LIABILITY FOR CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF, AT ANY TIME, YOU ARE DISSATISFIED WITH ALL OR ANY PORTION OF THE PATIENT PORTAL, OR IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PATIENT PORTAL.

Except to any extent prohibited by applicable law, You agree to hold eMDs, Inc. and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including any attorney’s fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or any other type of dispute resolution occurs), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from (i) Your use of and access to the Patient Portal; (ii) Your violation of any of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the Services.

Prohibition on Commercial or Business uses of this Patient Portal by You

This Patient Portal is intended solely for individual personal use and is not intended for any business or any type of commercial use by You.  If You are accessing or using this Patient Portal on behalf for any business or commercial purpose, You and the Business or Entity for whom You are acting each accepts these terms and each will hold harmless and indemnify eMDs, Inc. and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Patient Portal or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney’s fees.

Additional Important Conditions Related to Your Use of the Patient Portal

1. You agree to only use the Patient Portal: for the authorized purposes; and, in full compliance with all applicable federal, state, and local laws.  You should take appropriate steps to safeguard and protect Your Patient Portal log-on information and any user id and password details that You may use for Your Patient Portal account.You must not submit or attempt to submit any information that is not limited to the intended purposes of this Patient Portal.  You must not submit any item or any information that is illegal, offensive, false or intended to harm or threaten harm to another or cause harm to another person, or another person’s data, or the electronic systems including the Patient Portal system.
2. You agree to and will provide immediate written notification to Your HCP and to eMDs of any actual or suspected unauthorized use (both for an isolated instance and for any continuing instance(s)) of the Patient Portal and Your own means of access to the Patient Portal. You agree to engage in best efforts to follow up and ensure that eMDs is made fully aware of any such situation or concern until the concern is resolved.
3. All rights, title and interest in and to the Data that comprise, are part of, include, or are accessed through the Patient Portal (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all times vested in eMDs or the applicable content or provider of the information.The Data may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. In the present and any future compilation, the Patient Portal (and Content) is protected under U.S. copyright laws as a collective work, and eMDs owns a copyright in the selection, coordination, arrangement and enhancement of the Patient Portal.
4. Lawful and Authorized Use.  As a condition of Your access to and use of the Patient Portal, You agree to only use the Patient Portal for lawful and authorized purposes for Your individual personal use only.  You promise and agree to not use the Patient Portal in any unlawful manner or for any unlawful purpose, or that is prohibited by these terms, conditions, and notices. You agree to not use the Patient Portal in any manner that could overburden, disable, damage, or adversely impact the Patient Portal, any connected network, server, equipment or facilities, or interfere with any other individual or entity's use and enjoyment of the Patient Portal and any connected systems. You agree to not attempt to gain unauthorized access to any of the Patient Portal, any other services, servers, other accounts, computer systems or networks connected to any belonging to any other individual or entity, through any unauthorized means, such as password or credential guessing, hacking, or any other inappropriate method. You agree to not obtain or attempt to obtain any materials or information through any method other than as intentionally made available through the Patient Portal for the limited intended purposes.
5. You promise and warrant that You are:
   • an individual (or legal guardian of the person on whose behalf You are authorized to use this Service) at least eighteen (18) years of age and/or otherwise recognized as an individual person being able to form legally binding contracts under applicable law; and,
   • not in any way prohibited or restricted from entering into this Agreement and from using or accessing the Services for the intended purposes.
6. Internet Use Risks and Online Security and Privacy:  You understand and agree that the internet and any use of the internet and electronic online services is not a completely secure, completely private, or completely reliable system, and that the purpose of the Patient Portal is to allow You access to Your own personal information related to certain services from Your HCP. eMDs will take those precautions eMDs deems reasonable in its sole discretion to secure the information You may provide or access by way of the Patient Portal from attack and privacy and security breaches, but eMDs makes no warranty that there will be no outages or interruptions of the Patient Portal, or that Your information will be secure against misuse or attack of any form by end users or other individuals or entities.  The servers used to provide the Patient Portal are physically located in the United States of America and as such all content will be subject to the laws of the United States of America.  You understand and agree that eMDs has no control of the availability of the Patient Portal on a continuous or uninterrupted basis. eMDs makes no warranty that the Patient Portal will be uninterrupted, error-free, or completely secure. You understand and agree that there are risks inherent in internet connectivity and use that could result in the loss or disclosure of: privacy, confidential information, data, and/or Your information and any other content that is transmitted or stored within the Patient Portal.
7. Information We Collect. You understand that eMDs does electronically and otherwise collect or receive certain information that may be personally identifiable related to You and Your use of the Patient Portal. Much of the information is collected electronically for the methods of access and ongoing use of the Patient Portal by You, and includes specific information such as Your email, user name (user id), password, as well as certain other information that we may receive from You or Your HCP for identification or otherwise collect and retain for functionality, audit and authentication purposes related to the Patient Portal. Please send us a written request per the details stated at the end of this Agreement if You would like to receive more information about the information that eMDs receives and maintains on our systems related to You and Your use of the Patient Portal.
8. You are required to only use internet (online) connections and internet services that are each provided from within the jurisdiction of the United States and that are:  (1) properly secured and protected from unauthorized and illegal use (“hacking”, “snooping”, “eaves-dropping”),  and (2) in compliance with the applicable laws and regulations of the United States.
9. Links to Your HCP’s data and Your own information maintained by Your Healthcare Provider and for references to Your Healthcare Provider’s data site, other Third Party Sites, or other Third Party Information.Any links or references in the Patient Portal to Third Party Sites of Third Party Information may provide You direct or linked options to leave the Patient Portal or access such content through the Patient Portal. Such linked or accessed Third Party items are not under the control of eMDs and eMDs is not responsible for the contents or services or resources that may be provided through or by any such Third Party or any changes to such Third Party items.  eMDs is providing such links and access to You only as a convenience and the inclusion or reference by eMDs to any such Third Party items does not imply any endorsement of such item by eMDs.
10. eMDs Limited Rights to Access, View and Use communications and data transferred to and from You through systems within the control and access of eMDs.  You understand and agree that eMDs personnel may access and view the communications or audit logs of such communications to the extent processed through and retained within the Services and other items You may elect to provide to eMDs for the following purposes: as necessary to respond to Your specific support requests or inquiries; for the business operations of eMDs related to the provision of Services; and, as appropriate to the exercise of the legal rights of eMDs to use and disclose as may be required by applicable law or court order or governmental authority.
11. Verification. Your access and use of the Patient Portal is subject to electronic and other methods of verification and authentication of Your applicable) identity and credentials as a authorized user, and of Your continuing authorization to use the Patient Portal. You agree that eMDs may use and disclose Your own individually identifiable information in the Patient Portal or that You provide by other methods to eMDs for such verification and authentication purposes including as may also be requested or required by governmental entities or by authorized third parties.
12. Through access to and use of the Patient Portal, You are and may be able to view, share, store, or manage information, data, ideas, opinions, recommendations, advice, or other content, including images, electronic data compilations, ("Your Content"). By providing or inputting Your Content into the Patient Portal or otherwise to eMDs via any method (e.g. site submission, email, survey responses, etc.), You represent and warrant that: (i) You have all necessary rights to share or use Your Content for such purposes, and Your sharing and use of Your Content does do not violate the rights of any third party.  You are solely responsible for any and all of Your Content or other content that is shared by You, and the consequences of, and requirements for, such sharing.
13. Protection of Your Content. You are solely responsible for ensuring the integrity of Your Content. Although eMDs may, from time to time, provide data backup services, of Your Content, You are advised that eMDs is not an insurer and is in no way responsible for any damages resulting from the loss, in whole or in part, of any data or other items making up Your Content, regardless of the reason for such loss.
14. eMDs' Rights to Your Content.You grant to eMDs a non-exclusive, worldwide, perpetual, royalty free license to reproduce, modify, display, perform, adapt, transmit, distribute, improve, and otherwise use Your Content for the intended purposes and as eMDs believes is necessary in connection with provision, management, and administration of the Patient Portal system.
15. Modifying and Terminating Your Use of the Patient Portal. You may end Your use of the Patient Portal at any time. We are regularly reviewing and changing and working to improve the operation and functionality of the Patient Portal. We may add or remove functionalities or features, and we may suspend or stop any part or all the Patient Portal. We may also create new limitations within the Patient Portal. We do believe that preserving Your access to Data related to You is important. If we discontinue or change the Patient Portal in a way that may impact Your access to the information in the Patient Portal, and when we believe to be reasonably possible, we will try to provide some reasonable advance notice to allow You a chance to review and get Your information out of the Patient Portal.
16. Severability. If and to the extent any part of any provision of this Agreement is illegal, invalid, or unenforceable under present or future laws, the rest of this Agreement shall not be affected. The Parties also agree that, to the extent of any such invalidity, illegality, or unenforceability, there will added to this Agreement a clause or provision of similar meaning in order to make the prior intent of such clause or provision legal, valid, and enforceable.
17. Additional Authorized Sharing of Your Information by eMDs: Yin addition to the authorized sharing of Your information that may occur as intended with Your HCP and also for the intended purposes of the Patient Portal, eMDs will also be able to share Your Information if one of the following circumstances apply:
    1. You have consented to such sharing.
    2. For external authorized processing by affiliates of eMDs or other trusted businesses or persons based on our instructions and in compliance with applicable federal and state law and any other appropriate confidentiality and security measures eMDs requires.
    3. With governmental authorities, governmental officials, companies, organizations or individuals when eMDs have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
       • meet any applicable law, regulation, legal process or enforceable governmental request.
       • enforce applicable terms and conditions of this Agreement and any other service, including investigation of potential violations.
       • detect, prevent, or otherwise address fraud, security or technical issues.
       • protect against harm to the rights, property or safety of any individual person, of users, of eMDs or other entities as required or permitted by law.
    4. Where we have aggregated, non-personally identifiable information publicly and with our business relationships – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.
18. Dispute Resolution Provisions:
    1. The laws of the State of Texas, and the United States (to the extent such laws apply instead of or in addition to the laws of the State of Texas), excluding the Texas conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Patient Portal.  All claims arising out of or relating to this Agreement or the Patient Portal will be litigated exclusively in the appropriate federal or state courts of Travis County, Texas, and You and eMDs consent to personal jurisdiction in those courts.
    2. Each Party Responsible for Its Own Attorney’s Fees.  In the event of any concern, question, or any informal or formal dispute between the Parties related in any way to his Agreement, or in connection with the interpretation or enforcement of any provision of this Agreement, each Party understands and agrees to be solely responsible for its own attorney’s fees and other legal fees and related costs.
    3. Electronic Participation.To the maximum extent allowable and possible under the applicable rules and laws and to minimize each party’s costs and expenses, the parties agree to use their best efforts to allow all dispute resolution (mediation, arbitration hearings or other legal proceedings) proceedings to occur through electronic means and for each party to participate by telephonic or other electronic means so as to not require the physical presence of any or all parties at any particular location for any such proceeding.
19. Mutual Non-Waiver. If, at any time, either Party (You or eMDs) does not require compliance with or does not enforce any part of this Agreement or applicable law related to the use of the Patient Portal, each Party as applicable does not condone any non-compliance by the other Party and each Party retains the Party’s rights to enforce the remedies available under this Agreement related to any such violation that has occurred in the past or may occur in the future.

Questions or Concerns related to the Patient Portal system provided by eMDs

As a reminder, please direct Your questions and concerns related to any particular Patient Portal account and the information that is shared through such account to the specific HCP who has control over and access to the account.

For Communications and Notices to eMDs related to this Agreement. You must include Your: full legal name, primary email address, primary mailing address, primary phone number, Your HCP(s) that manage Your Patient Portal, and a detailed statement of Your concern and any specific action(s) You may request that eMDs review and consider. You should direct such communications to the following address and You should follow up to ensure Your concern has been received and considered by eMDs:

[end of Agreement]