When you visit NextGen® Patient Portal or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail 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.
COPYRIGHT AND TRADEMARKS
NextGen® Patient Portal is the registered trademark of NextGen Healthcare and the website contains our copyrighted and protected material. 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 NextGen® Patient Portal are owned by NextGen Healthcare 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 NextGen Healthcare 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 NextGen Healthcare. This site is the copyrighted property of NextGen Healthcare and/or its various third party providers and distributors, and is protected by U.S. Copyright laws and other laws including international treaties. Third party providers and distributors own much of the content found on this site. NextGen Healthcare is not responsible for the privacy practices of third parties. We recommend that you review the privacy and security policies of such third parties should you so desire. 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. If you violate any of these Conditions of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. No portion of this site, including but not limited to any NextGen® Patient Portal channel, structure, text, graphics, designs, algorithms, object code, source code, creative concepts or results ("NG Content"), may be reverse-engineered, disassembled, de-compiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of NextGen Healthcare, except to identify the products or services of the company or to reproduce limited excerpts of the data for personal use only, provided that each such copy contains the following copyright notice: Copyright © 2002-2013, NextGen Healthcare Information Systems, LLC. All Rights Reserved. Notwithstanding the foregoing, content uploaded and/or downloaded by You and/or the healthcare provider is not deemed NG Content but rather would be subject to whatever restriction either you and/or your healthcare provider places on such content.
LICENSE AND SITE ACCESS
NextGen Healthcare 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 tools provided by NextGen Healthcare or with the express written consent of NextGen Healthcare This license does not include any resale or commercial use of this site or its contents; the right to make or establish a derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party - except as my otherwise be allowed under the site (e.g. parent/guardian/minor relationship); or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NextGen Healthcare. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NextGen Healthcare or third party providers without express written consent. You may not use any meta tags or any other "hidden text" utilizing NextGen Healthcare's name or trademarks without the express written consent of NextGen Healthcare. Any unauthorized use terminates the permission or license granted by NextGen Healthcare. You are granted a limited, revocable, and nonexclusive right to create a hyperlink solely to the home page of NextGen Healthcare so long as the link does not portray NextGen Healthcare or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NextGen Healthcare logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. NextGen Healthcare reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
In addition, we may automatically gather general statistical information about our Web site and users, such as IP addresses, browsers, pages viewed, number of visitors and, possibly in the future, goods and services purchased/used, etc., but in doing so we do not reference you by individual name, e-mail address, home address, or telephone number. We use this data in the aggregate to determine how much our customers use parts of our site so we can improve our site. We may provide this statistical information to third parties, but if and when we would do so we will not provide any personally identifying information without your prior permission. We do not sell or rent or share personally identifying information collected during your use of our Web site without your permission. We collect and store your profile in order for you to manage your health.
HOW YOU CAN OPT-OUT
You must notify your practice to disengage You from the NextGen® Patient Portal.
YOUR PERSONAL INFORMATION
Your privacy is important to us. You will need to provide a User ID and password to access and use the Service. When you download your Personal Information from Your data source (including, for example, medical expense information from visits to healthcare providers) the Portal will store your personal information. We provide the NextGen® Patient Portal to you as a Business Associate to your health care provider. As a Business Associate, we follow the rules that apply to Business Associates under HIPAA and the HITECH Act, as well as any other privacy and security rule surrounding your personal information that was agreed to between NextGen Healthcare and your healthcare provider.
We employ reasonable and current security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of information your account information and profile are password-protected. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. 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. Remember that certain portions of the website that you may visit may be public places, whether solely for users within a practice or for any users of our portal. Whenever you voluntarily disclose personal information online - for example on message boards, through e-mail or in chat areas - that information can be collected and used by others. No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk. Access to our database is protected by physical plant security, with access limited to few personnel. Thumbprint key-access locks as well as motion, and temperature detectors are also part of our security. Our database IP is only accessible through our application and not visible over the Internet. We have also taken those steps required of us under the Health Information Technology for Economic and Clinical Health ("HITECH") and HIPAA to protect the security and privacy of any patient information housed on our website.
THIRD PARTY SERVICES; SITES
While you use the NextGen® Patient Portal, you may find out about services or products provided by other companies that are not part of NextGen Healthcare ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding any terms and conditions governing such Third Party Services. You agree that the company providing the Third Party Services, and not NextGen Healthcare, is solely responsible for the Third Party Services. The Service may contain links to web sites operated by other companies ("Third Party Sites"). NextGen Healthcare does not control Third Party Sites. NextGen Healthcare is not responsible for the content of, or any links in, any Third Party Site. NextGen Healthcare does not review, approve, monitor, or make any representations with respect to Third Party Sites. If NextGen Healthcare includes any link in the NextGen® Patient Portal it does not mean that there is an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by NextGen Healthcare of anything in any Third Party Site. NextGen Healthcare will not be responsible for the information contained in any Third Party Site or for your use of or inability to use such web site. Access to any Third Party Site is at your own risk, and you acknowledge and understand that Third Party Sites may contain terms and privacy policies that are different from NextGen Healthcare's. NextGen Healthcare is not responsible for such provisions, and expressly disclaims any liability for them.
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.
REVIEWS, COMMENTS, COMMUNICATIONS, FORUMS, AND OTHER CONTENT
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEXTGEN HEALTHCARE MAKE 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. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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 TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
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 TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NEXTGEN HEALTHCARE INFORMATION SYSTEMS, LLC, INDIVIDUALLY AND COLLECTIVELY, AND ANY OF THEIR WEBSITE PROPERTIES ("SITE") DO NOT RENDER MEDICAL ADVICE. SITE CONTENT IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE FROM YOUR HEALTH CARE TEAM. ALL CONTENT PROVIDED BY NEXTGEN HEALTHCARE AND/OR ITS PARTNERS OR OTHER THIRD PARTY VENDORS IS GENERAL IN NATURE, IS PRESENTED IN SUMMARY FORM, AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY TO IMPROVE YOUR COLLABORATION WITH YOUR HEALTH CARE TEAM. THIS WEBSITE IS NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL FOR YOUR QUESTIONS CONCERNING A MEDICAL OR CLINICAL CONDITION, DECISIONS, GUIDELINES, MANAGEMENT OR TREATMENT. DO NOT RELY ON CONTENT, GUIDELINES, PRODUCTS OR ANY OTHER SERVICE OFFERED BY OR THROUGH NEXTGEN® PATIENT PORTAL OR THE SITE FOR MEDICAL OR CLINICAL DECISIONS, DIAGNOSIS, MANAGEMENT OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.
Because we are not involved in the rendering of medical advice, in the event that you have a dispute with any individual and/or entity that arises out of your use of NextGen® Patient Portal, you release NextGen Healthcare (and our 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."
We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.
MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Any changes to our policies will be communicated through our web site at least in advance of its effective date. Information collected before changes are made will be secured according to the previous policies. If any of these conditions 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.
This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by NextGen Healthcare, in our sole discretion, to a third party in the event of a merger or acquisition. 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The United States controls the export of products and information from US companies abroad across the Internet. You are responsible for compliance with all federal and local laws regarding the import, export, or re-export of the Contents of this site (all forms of intellectual property, including Software). Sections on Release, License, Liability Limit and Indemnity shall survive any termination or expiration of this Agreement.
If you have any questions regarding this website, your enrollment or any other question, please review the Patient Portal FAQs, links to same are also available at the bottom of each webpage. Should you still have additional questions, please contact the medical provider or medical practice through whom you obtained your Patient Portal enrollment materials.
NextGen Healthcare Information Systems, Inc.
795 Horsham Rd.
Horsham, PA 19044