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FIRSTHEALTH OF THE CAROLINAS MYCHART TERMS AND CONDITIONS OF USE

The FirstHealth of the Carolinas online patient portal (hereafter referred to as “MyChart”) is a secure and convenient way to access your health information and connect with your health care team. MyChart is provided solely for the convenience of patients of FirstHealth of the Carolinas and its affiliates as identified in FirstHealth’s Notice of Privacy Practices. Your access to and use of MyChart is subject to and governed by the Terms and Conditions (hereafter referred to as "Terms and Conditions" or "Agreement") outlined in this document, although additional conditions, restrictions and privacy policies may apply. FirstHealth of the Carolinas and its affiliates are referred to collectively throughout this agreement as “FirstHealth” and MyChart users will be referred to as "you" or "Users".

Medical Disclaimer and E-Visit

Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This site and its services do not constitute the practice of any medical or other professional health care advice, diagnosis or treatment and is not a substitute for a visit to a licensed healthcare provider. You should always seek the advice of a physician or other qualified health care provider directly with questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.

NEVER USE MYCHART FOR AN EMERGENCY OR OTHER URGENT MEDICAL ISSUE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR OTHER URGENT MEDICAL ISSUE, IMMEDIATELY CALL 911 (IF WITHIN THE UNITED STATES), OR GO TO THE NEAREST URGENT CARE AND/OR EMERGENY ROOM.

E-VISIT Definition: An e-visit is an online exchange of medical information between a patient and his/her health care provider whereby the provider gives the patient medical advice via secure online communication. E-visits can be used only for non-urgent symptoms instead of the patient calling a clinic, or scheduling an appointment. When initiating an e-visit, the patient must accept the Terms and Conditions in this agreement, verify his/her information, and then complete an online form about his/her symptoms. This on-line form gives the health care provider the information needed to further assess treatment needs.

Electronic communication cannot substitute for a medical evaluation in which a physician or other qualified health provider takes a history from a patient, conducts a physical examination and orders and interprets the appropriate diagnostic tests. Accordingly, providers will offer treatment via this portal for an e-visit only for non-urgent symptoms. At any time during the e-visit, the provider may terminate the e-visit and advise the patient to seek treatment from an in person provider visit or, if it appears to the provider that the symptoms described are emergent, to seek care at the closest emergency room.

General Terms and Conditions

Use of the Site is subject to the following terms and conditions. FirstHealth may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting the modified terms and conditions on the FirstHealth MyChart website.

You agree to review FirstHealth terms and conditions periodically as needed to be aware of such modifications, and your access or use of MyChart constitutes your acceptance of FirstHealth Terms and Conditions as it appears at the time of your access or use. Your continued use of MyChart constitutes your acceptance of all of the modifications we have made. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. If at any time you no longer agree with FirstHealth’s Terms and Conditions or any of FirstHealth’s changes to the FirstHealth Privacy Policy, you should discontinue your access and use of MyChart.

User’s Agreement

By electing to register a MyChart account you hereby agree:

• to maintain the security of all user identification, password and other confidential information relating to the use of MyChart.

• to comply with all user responsibilities and obligations as stated in these Terms and Conditions and all applicable laws, rules and regulations governing your access and use of MyChart;

• to use reasonable efforts to learn how to use MyChart, and not rely solely on FirstHealth for assistance in doing so;

• periodically review and update the information provided in MyChart so that it is kept up-to-date and also advise us of any suspected typographical errors, inaccuracies or other errors in any data, information or other material accessible or provided or located on or through MyChart;

• not to post material to MyChart that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by FirstHealth in FirstHealth's sole discretion.

• not to use MyChart as a means to distribute advertising or other unsolicited material to any third party;

• not to impersonate another person or create any false account information or record for yourself or others on MyChart;

• not to attempt to test, probe, or circumvent any privacy, confidentiality, security or like measures protecting MyChart.

You further represent and warrant to FirstHealth that:

• you are either a FirstHealth patient and/or legally authorized to have proxy access on behalf of a FirstHealth patient;

• you are 18 years or older, legally emancipated or otherwise legally authorized to establish access to information in your patient portal;

• you reside within the United States;

• you possess the legal right and ability to agree to these Terms and Conditions; and

• all information you provide to FirstHealth in connection with your account setup and activation as well as your access and use of MyChart is and will be complete and accurate.

Personal Accounts and Proxy Access

The Site is intended for use by individuals 18 years of age or older. This website is not directed for use by children under the age of 18. Personal MyChart accounts can be requested by following the instructions on the FirstHealth MyChart home page. Only competent adults or legally emancipated minors may request a personal MyChart account. Unemancipated minors may not request and will not be granted personal MyChart accounts.

You will need an online activation code to request a personal MyChart account. You can find a code at the bottom of your After Visit Summary (AVS) following your visit to a FirstHealth hospital or clinic, or you can request a code by accessing the link on this webpage. Should you have questions regarding your activation code call (910) 715-2434 during normal business hours Monday–Friday. Your access code will enable you to access MyChart through this Site, create a personal login name (called "MyChart ID") and password, read and electronically sign these Terms and Conditions (indicating your voluntary agreement and consent to them), and take other necessary steps to set up your MyChart account. Once this access code has been used, it will no longer be valid and cannot be used to establish an additional account.

PROXY ACCESS: The following categories of individuals may also request “proxy” access to a FirstHealth patient’s personal MyChart account or MyChart information:

• A competent adult who following review of required documentation is determined to be legally authorized to access the health information of another adult FirstHealth patient (including an incapacitated adult) or an emancipated minor FirstHealth patient;

• A parent or legal guardian of an unemancipated minor FirstHealth patient who following review of required documentation is determined to be legally authorized to access the patient’s health information;

Proxy access is subject to federal and state data privacy, security and confidentiality laws which require FirstHealth and its providers to limit, or in some cases prohibit, proxy accounts and/or proxy access to certain patient information in MyChart. For example, proxy access to information of a FirstHealth patient who is an unemancipated minor (18 years old in the state of NC) will generally be very limited without the patient’s prior consent, though in certain circumstances the patient’s FirstHealth physicians may, in the exercise of their professional judgment, take additional steps to revoke, expand or limit such access.

FirstHealth is also obligated to request legal or other supporting documentation showing to FirstHealth’s satisfaction that, and the extent to which, a proxy is legally authorized to access a FirstHealth patient’s information. Proxy accounts granted for any unemancipated minor or any incapacitated adult FirstHealth patient will be activated only for the proxy, and not the patient. When a proxy account is created for competent adult FirstHealth patient or an emancipated minor FirstHealth patient, both the proxy and the patient will have active MyChart accounts; the patient account holders can turn off proxy access to their account at their discretion at any time. In addition, for all proxy types, the proxy must immediately cease use of MyChart and notify us if their legal relationship with the affected FirstHealth patient changes in any way.

Personal or proxy accounts are in any event granted in FirstHealth’ s sole discretion, and we reserve the right to modify, limit or revoke proxy access at any time for any reason, with or without notice to the account holder, proxy or anyone else.

Reports and Test Results

You may use the MyChart to view certain reports and test results that are made available to you by your FirstHealth physician or other healthcare provider. Please note that not all reports and test results are available via MyChart. It is your sole responsibility to follow up with your physician should you questions or need to discuss the results of any test results.

MyChart however is not your complete medical record, nor is it your official FirstHealth medical record. Contact the FirstHealth Health Information Management department’s Release of Information section for information on requesting a copy of information contained in your official FirstHealth medical record (910/715-2443).

Electronic Messaging and Email Privacy

Certain portions of MyChart permit you to securely exchange electronic messages and other information with FirstHealth healthcare providers. You agree that you will not use MyChart, including its messaging functionality, for emergency or other urgent healthcare needs, or as a substitute for actual medical advice and care by a physician.

We will respond to your message in as timely a fashion as is reasonably possible. It is your sole responsibility to monitor your account for messages and other information and to respond and/or to act (or not) upon them in a timely and appropriate manner.

All electronic messages you send through FirstHealth MyChart will become part of your permanent FirstHealth online record and may be used or disclosed as provided in this Agreement and the Privacy Policy. Any messages you send must therefore pertain only to YOUR healthcare and medical conditions, and not those of a friend, family member or any other person (who may not be MyChart users and whose information does not belong in your medical record in any event). As with any electronic communication you send or that is sent for you or on your behalf, it is your responsibility to ensure complete and accurate information is provided. Any response to such communications will be based solely on the information provided.

Though MyChart message transmission may be secure, your messages may be viewed by individuals other than your individual FirstHealth physician once received. Do not use MyChart’ s messaging capabilities to communicate information that you wish to discuss only with your physician. In addition, if your FirstHealth physician is out of the office or unavailable, messages sent via MyChart may be routed to other FirstHealth physicians or other providers in order to facilitate as timely a response as is reasonably possible. Do not include private, confidential or sensitive information that you do not want others to see or use in your messages, such as birthdates, Social Security Numbers, medical record numbers, bank, credit card or other account numbers, or any other personally identifiable information.

You will receive an email notification when a new message or other information is available to you through MyChart. You should then log in to MyChart to view the message securely. Please note that any person with access to your e-mail will be able to see a notice from MyChart. This could include your spouse, child, employer or anyone else that can access your e-mail account. It is your sole responsibility to carefully choose the email address you provide for use with your MyChart account and to take any other necessary precautions to prevent others from gaining unwanted access to these notices, your email and other private, confidential or sensitive information therein.

Collection of Personal Information

We collect personal information that you choose to share with us in the registration and health tools sections of MyChart. This information may include your e-mail address, your health interests and your answers to questions about your health status. We use this information to tailor FirstHealth services to the data you entered. Information from registration is saved to the FirstHealth database. This enables you to use the personalized features of MyChart on a recurring basis. This saved information is collected only with your permission and may be updated or deleted by you at any time. If you choose not to provide the information required for registration, you may not register a personal account with MyChart and you will not be able to personalize MyChart.

Online Payments

You may use MyChart to view your FirstHealth billing statements online and make online payments online for healthcare services you receive from us. Please note that we use a third party to process the payments you make using the MyChart service. You agree to comply with any terms and conditions of the third-party processor in connection with your use of such third-party processor services.

Privacy Policy

When you use the MyChart, we will collect certain personal information from you, as set forth in more detail in the FirstHealth Privacy Policy, which is applicable to this Site and MyChart. We may access and monitor your MyChart usage, to enforce FirstHealth’s Terms and Conditions. We may need to provide you with certain communications relating to MyChart, such as service announcements and administrative messages, which are considered part of the MyChart service and which you may not be able to opt-out from receiving.

Data Security

MyChart must be accessed with a Secure Sockets Layer (SSL) compatible web browser, such as Internet Explorer, Chrome, Safari or Firefox. FirstHealth MyChart web servers require authentication to access medical information, and use industry standard encryption technology to encrypt the communications between your web browser and the server. You can tell when your connection to a MyChart server is encrypted by looking at the location (URL) field. If the URL begins with https:// (instead of http://), the document comes from a secure server. You can tell whether you are truly connected to a FirstHealth MyChart web server by viewing the digital certificate in your Web browser (consult your browser’s help function for information on how to view the certificate).

FirstHealth takes reasonable and appropriate steps to secure your medical information in MyChart. We take no responsibility for, and disclaim any and all liability to you or anyone else resulting from, arising out of or in any way relating to or connected with, directly or indirectly, MyChart confidentiality, privacy or security failures due in whole or in part to any act or omission by you or any third party, including without limitation not logging out of an active session; lost or stolen user information; use of your MyChart account from a publicly available computer or Internet kiosk (e.g. a computer in a public library or hotel business center; downloading, printing, publishing, reproducing, transcribing, storing, transmitting in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), redistributing or selling information from MyChart; user computer settings or installed software products that may compromise information security; failure to maintain anti-virus software or regularly apply software updates on the user’s computer; or any other acts, omission, events or circumstances outside FirstHealth’ s direct control.

Use of Content; Ownership

As a condition of your use of this Service, you warrant to us that you will not use MyChart 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 Service automatically terminates.

Termination of Agreement; Account Locks, Modifications or Discontinuation

MyChart is provided as a patient convenience and FirstHealth may in its sole discretion terminate your account or your use of MyChart at any time. FirstHealth also reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice and/or to temporarily or permanently modify or discontinue the service and/or your account or access, in whole or in part. In addition, we reserve the right, at any time and without notice or cause, to terminate this Agreement, and/or temporarily or permanently lock, modify or discontinue your MyChart account or access, due to, but not limited to the following conditions.

• Continued failed login attempts;

• If you are no longer a FirstHealth patient or are deceased;

• Following a set expiration date (for example, proxy access will automatically terminate when a minor patient turns 18, or after account inactivity for a prolonged period of time as solely determined by FirstHealth;

• In the event of threatened or pending legal issues with you, a patient or their family;

• If FirstHealth determines in FirstHealth’s sole discretion that you have violated these Terms and Conditions.

You will need to request a new MyChart account if your account is locked or discontinued following a set expiration date under this agreement or otherwise. The above actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law or equity. Further, we shall not be liable to you or any third party for any such termination, lock, modification or discontinuance. In the event of the expiration or termination of this Agreement for any reason, all provisions that are intended to survive termination or expiration of this Agreement shall survive, including, but not limited to, FirstHealth’ s rights and remedies hereunder and your duties, obligations and other responsibilities with regard to the MyChart service.

You may also terminate this Agreement at any time upon notice to us but then you will have no MyChart access and your account will be terminated.

Site Links

This Service may contain links to other web sites, and other websites may provide links to this Service. These links are provided for your convenience only. We may or may not have any control over these sites and cannot assume any liability or responsibility for them, including any content or services provided to you by such sites. You should not consider any link to or from another site as an endorsement of that site by FirstHealth, the FirstHealth parent, FirstHealth subsidiaries, or FirstHealth affiliates.

Warranties

FirstHealth, and FirstHealth’s content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this Service are responsible for maintaining a means external to this Service for their construction of any lost data.

Limitation of Liability; Release; and Indemnity

We are not liable to any User or anyone else for any decision made or action taken based in reliance upon the information contained on or provided through MyChart. You agree that neither FirstHealth, nor FirstHealth officers, directors, employees, agents, affiliates, parent or subsidiary corporations or organizations, or content providers, shall have any liability to you under any theory of liability or indemnity in connection with your use of MyChart. The sole and exclusive remedy for dissatisfaction with MyChart will be to stop using MyChart.

You hereby release and forever waive any and all claims you may have against FirstHealth, and FirstHealth’s officers, directors, employees, agents, affiliates, parent or subsidiary corporations or organizations, or content providers, and FirstHealth and their successors and assigns (including but not limited to claims based upon negligence) for losses or damages you sustain in connection with your use of MyChart.

Choice of Law, Jurisdiction and Venue

These Terms and Conditions are entered into in the State of North Carolina and shall be governed by and construed in accordance with the laws of the State of North Carolina, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the appropriate state and federal courts in North Carolina, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees. 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.

FirstHealth and this Site are located and operated in the State of North Carolina, United States; this site and MyChart are intended for use only by FirstHealth patients who are residents of the United States; and we follow the laws of the United States and the State of North Carolina with regard to the operation of the site and MyChart, including the laws of the United States and the State of North Carolina relating to use and protection of personally identifiable data and protected health information.

Trademark Notice

MyChart is a registered trademark of EPIC Systems Corporation. These and all other trademarks, service marks and logos used in this Site, including but not limited to FirstHealth, MyChart and Epic are the trademarks, service marks, or logos of their respective owners. Nothing on these Web sites should be construed as granting any license or right to use any trademark, service mark, or logo displayed on this Site without the express written permission of FirstHealth or the third party that may own the trademark, service mark, or logo.