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MASS GENERAL BRIGHAM INCORPORATED PATIENT GATEWAY TERMS OF USE

BACKGROUND
Mass General Brigham Patient Gateway is a patient portal developed by Mass General Brigham Incorporated ("Mass General Brigham"). It is intended to help you better access your physician's office and staff, as well as to provide general educational information and learn about research opportunities and other Mass General Brigham programs and initiatives. To obtain access to Patient Gateway you must agree to be bound by these Terms of Use. By clicking the "I Agree" button below, you are indicating that you agree to be bound by all of these terms. Please print and retain a copy of these Terms of Use. Mass General Brigham may, from time to time, change these Terms of Use. When the terms are changed, Mass General Brigham will post the updated terms and require you to review and accept the new terms before you continue to use Patient Gateway. Your continued use of Patient Gateway after such changes become effective constitutes acceptance of the new terms. If you do not agree to such changed terms, or if at any time you no longer wish to otherwise abide by these Terms of Use, you should not access or use Patient Gateway. The most current version of these Terms of Use can be accessed at any time by selecting the "Patient Gateway Terms of Use" link. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this site.

YOUR ELECTRONIC HEALTH RECORD
Patient Gateway provides online access to limited health information contained in your electronic medical record. Your entire electronic medical record is not reproduced in Patient Gateway. Only selected parts of the information are contained in Patient Gateway such as summary medical history, certain test results, appointments, and a billing account summary.

To the extent that you may have received care and created separate MyChart accounts at locations not affiliated with Mass General Brigham who use their own instance of MyChart, Patient Gateway also provides you the ability to access your health information from Mass General Brigham and these non-Mass General Brigham organizations through a single MyChart account if you elect to link those separate MyChart accounts. In addition, you may navigate between these linked MyChart accounts from within Patient Gateway or to Patient Gateway from another linked MyChart account should you choose to link these separate accounts from within MyChart.

If you decline to link your Patient Gateway account with a MyChart account that you have established at an organization that is not affiliated with Mass General Brigham who use their own instance of MyChart, you will need to separately sign in to MyChart at each such non-Mass General Brigham organization who use their own instance of MyChart to view information contained within that separate MyChart account.

PATIENT GATEWAY ACCESS
Subject to the terms contained herein, Mass General Brigham hereby grants you a limited license to access Patient Gateway. You agree that you shall use Patient Gateway only in accordance with the Terms of Use, applicable law, and the rules, policies and procedures established by Mass General Brigham for use of Patient Gateway. This license may not be shared with or transferred or sublicensed to any other party. You agree that you are using and will continue to use appropriate technical safeguards to secure the devices used to access Patient Gateway, including up-to-date virus protection on PCs, smartphones and tablets. You represent and warrant that all information provided to Mass General Brigham in connection with this Agreement, including in the process of registration for Patient Gateway, is true, accurate and complete. You are responsible for installing and maintaining all equipment and systems necessary to access Patient Gateway and for paying all charges related thereto.

You understand that information you send or receive via Patient Gateway may be made part of your permanent medical record at the discretion of the clinician.

SECURITY AND PASSWORDS
Access to Patient Gateway is enabled by usernames and passwords, security questions and answers and additional security measures as may be implemented from time to time by Patient Gateway. You will choose your username and password when registering for access. You shall maintain your username and password and security questions and answers in strict confidence. In no event shall you share your username or password or security questions and answers with any third party or allow another person to access Patient Gateway using your username and password or security questions and answers. You shall immediately notify Mass General Brigham if you have any reason to believe that your username, password or security questions and answers has been lost or compromised or misused in any way. You are fully and solely responsible for any and all use of Patient Gateway under your username and password.

NON-DISCLOSURE AND CONFIDENTIALITY
In using Patient Gateway, you will have access to confidential information of Mass General Brigham and third parties ("Confidential Information") that may include software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, functional specifications, technical materials and information, and related documentation.

During the term of this Agreement and thereafter, you agree not to disclose any Confidential Information to any third party except as permitted by this Agreement and by applicable law. Without limiting the foregoing, you agree to undertake all reasonable measures to ensure the privacy and security of all Confidential Information including without limitation: (i) not to access or use any Confidential Information that you have no legitimate authorization to access or use; (ii) not to access Patient Gateway or any Confidential Information for any other individual or any unauthorized third party. You acknowledge and agree that all obligations relating to Confidential Information under this Agreement will continue after termination of this Agreement and termination of access rights hereunder.

TERM; TERMINATION
Mass General Brigham may terminate this Agreement and/or terminate or suspend your access to the Patient Gateway at any time and for any reason. Mass General Brigham has the right to refuse to provide access to Patient Gateway to any person, agency or organization, or to prohibit any person, agency or organization from using Patient Gateway, at any time and for any reason. Mass General Brigham reserves the right to change, suspend, or discontinue all or part of Patient Gateway, temporarily or permanently, without prior notice. We reserve the right to deactivate any account at any time, for any reason.

You acknowledge and agree that Patient Gateway and the Confidential Information is the property of Mass General Brigham or its licensors, and are protected by United States and international copyright law, trademark law, and trade secret law, as well as other state, federal and international laws and regulations. Except as expressly provided in this Agreement, Mass General Brigham does not grant any rights to you under any patents, copyrights, trademarks or trade secret information. Accordingly, unauthorized use of Patient Gateway or the Confidential Information may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights or other laws or regulations. The copying, redistribution, use or publication by you of any part of Patient Gateway or the Confidential Information is strictly prohibited; provided, that you may print, copy electronically, or download information from this site for personal, non-commercial use only, provided you identify the source of the material and include a statement that the materials are protected by copyright law.

Mass General Brigham shall have the right to use and incorporate into Patient Gateway any feedback and input provided by you, for any purpose, including the improvement of Patient Gateway and other research, educational and patient care purposes.

THIRD PARTY CONTENT
Patient Gateway may contain links to third party materials and third party websites for your information and convenience. Mass General Brigham is not responsible for the availability, accuracy, or content of any of those third party materials or websites nor does it endorse them.

Certain information contained within or accessible through Patient Gateway is provided by third parties. Prior to accessing this information you may be asked to agree to additional terms and conditions provided by such third parties which govern access to and use of those materials.

DISCLAIMERS
ACCESS TO PATIENT GATEWAY AND THE INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MASS GENERAL BRIGHAM DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

MASS GENERAL BRIGHAM DOES NOT CONTROL THE DEVICES OR COMPUTERS OR THE INTERNET OVER WHICH YOU MAY CHOOSE TO ENTER CONFIDENTIAL OR PERSONAL INFORMATION AND CANNOT, THEREFORE, PREVENT INTERCEPTIONS OR COMPROMISES TO YOUR INFORMATION WHILE IN TRANSIT TO MASS GENERAL BRIGHAM. MASS GENERAL BRIGHAM MAKES NO GUARANTEE AS TO THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED TO OR FROM PATIENT GATEWAY.

FURTHERMORE, CERTAIN TYPES OF PATIENT INFORMATION ARE NOT AND WILL NOT BE AVAILABLE VIA PATIENT GATEWAY. MASS GENERAL BRIGHAM PROVIDES PATIENT GATEWAY AS A HEALTH INFORMATION RESOURCE TO BE ACCESSED AT YOUR CONVENIENCE. YOU SHOULD NOT RELY UPON THE PATIENT GATEWAY SITE IF YOU HAVE IMMEDIATE HEALTH CONCERNS OR QUESTIONS. FOR ALL URGENT MEDICAL MATTERS, CONTACT YOUR CLINICIAN’S OFFICE.

LIMITATIONS OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH PATIENT GATEWAY OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING PATIENT GATEWAY. UNDER NO CIRCUMSTANCES SHALL MASS GENERAL BRIGHAM OR ANY MASS GENERAL BRIGHAM AFFILIATE BE LIABLE IN ANY WAY FOR YOUR USE OF PATIENT GATEWAY OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL MASS GENERAL BRIGHAM OR ANY MASS GENERAL BRIGHAM AFFILIATE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF PATIENT GATEWAY, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RESEARCH AND OTHER MASS GENERAL BRIGHAM PROGRAMS
You may also from time to time receive communications through Patient Gateway alerting you to general research opportunities and specific research studies and other Mass General Brigham programs and opportunities that may be of interest to you. Research is a key pillar of the Mass General Brigham mission and is essential to providing our patients with innovative treatments and the best, most compassionate care available. Research-related communications are thoroughly vetted and approved by the relevant hospital committee that reviews all research involving patients, including how patients will be contacted and who may contact patients.

NOTICE OF PRIVACY PRACTICES AND WEBSITE PRIVACY POLICY
Access to and use of Patient Gateway is also governed by the terms of the Partners Notice of Privacy Practices and Website Privacy Policy, copies of which are accessible via the above link and the terms of which are incorporated by reference in this Patient Gateway Terms of Use and User Agreement.

MISCELLANEOUS
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to it rules on conflicts or choice of law. You hereby consent to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts for the resolution of any dispute based upon or relating to this Agreement.

This Agreement constitutes the sole agreement between you and Mass General Brigham relating to your use and our provision of Patient Gateway and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or Mass General Brigham. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by Mass General Brigham of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties' respective successors and permitted assigns. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in a writing signed by the parties.

A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Patient Gateway Website Privacy Policy

This Website Privacy Policy, along with the Patient Gateway Terms of Use and Partners Notice of Privacy Practices will tell you what information we collect through Patient Gateway and how it is used. By using the Patient Gateway, you agree to acceptance of this Website Privacy Policy.

Please read the following carefully before using the site.

INFORMATION COLLECTION AND USE

INFORMATION WE COLLECT
You will be asked to provide personal information (including certain demographic and contact information, including email addresses) during the Patient Gateway registration process, when making appointment requests, during the Patient Gateway login process, or when providing feedback to us about your experiences using Patient Gateway. The information required is noted on each specific form or registration page. Additional questions might be included to help us improve the services we offer.

HOW WE USE THIS INFORMATION
Mass General Brigham uses the information you provide to operate Patient Gateway and provide the Patient Gateway service to you. In addition, Mass General Brigham may also use certain personal information, including your email address, to provide communications, information and materials to you related to Patient Gateway and/or research opportunities or other programs and services available through Mass General Brigham and certain Mass General Brigham affiliates, and certain information and surveys, including patient satisfaction surveys relating to your use of services provided by Mass General Brigham and certain Mass General Brigham affiliates. Mass General Brigham may also share such information with third party service providers whose services and/or materials are accessible through Patient Gateway to enable such third parties to provide those services and materials to you.

DATA SECURITY
Mass General Brigham seeks to prevent unauthorized access to your personal information by maintaining a secure firewall and use of security technologies to protect the integrity and privacy of any personal information you provide.

As an additional security measure, your personal information is also encrypted during transmission by Secure Socket Layer 128-bit encryption software. (Encryption is a common method used to transmit sensitive data across the Internet. Encryption temporarily makes the text unreadable during the time it is being transmitted over the Internet.) This is an industry standard.

Although we endeavor to protect your personal information, Mass General Brigham cannot and does not warrant the security of any information you transmit to us through online applications, and you do so at your own risk. Depending on the nature of the inquiry, your communication could be discarded or archived. If you wish, you can contact us instead by telephone at the numbers provided throughout our site.

COOKIES
The Patient Gateway website uses "cookies" to determine the number of times a page on the website has been accessed. Cookies are small computer files that a website can transfer to your computer. Examples of information we collect include how often someone visits our site and their activities while on our site. We use this information in the aggregate to understand how our visitors as a group use different resources. These reports do not contain any personally identifiable information.

LOGIN/PASSWORDS
Some sections of the Patient Gateway website require login identifiers and/or passwords. You are responsible for taking reasonable steps to ensure that no unauthorized person has access to your password or account login information. It is your sole responsibility to control the use of login information and passwords, to authorize, monitor and control access to and use of your account and password and to inform Patient Gateway promptly of any need to deactivate a password.

THIRD PARTY VENDORS/CONTENT PROVIDERS
Mass General Brigham occasionally will engage reputable third-party vendors to help us manage our website, provide content and information and enable us to interact better with our patients and visitors.

LINKS TO EXTERNAL WEBSITES
This Website Privacy Policy applies only to the Patient Gateway website. In order to provide Patient Gateway users with other helpful information, the Patient Gateway website contains links to other websites. However, Mass General Brigham has no authority over external organizations' websites and this policy does not apply to external sites that are provided as links. We encourage you to read the privacy policies on any external websites before providing them with personal information.

CHANGES TO THIS POLICY
Mass General Brigham reserves the right to change or update this Website Privacy Policy from time to time without notice, so please review it periodically to keep informed of any changes.

If you have questions or comments regarding this Website Privacy Policy or about how we collect, use or protect your personal information, please contact us through our website. Your communications with the Patient Gateway team may be recorded for quality assurance purposes.