myProvidence User Agreement

Providence Health & Services (called “Providence” below) offers personalized, interactive tools to help you manage your health care through the myProvidence site.

Providence has published this User Agreement to inform Users of their rights and responsibilities in using the myProvidence Web site. Please read this User Agreement carefully. If you have any questions about this User Agreement, please contact customer service.

We encourage you to review this User Agreement regularly as you use myProvidence.

1. Services Available Through myProvidence

A variety of information and communication services are made available through myProvidence. All of these services require registration, and some services are available only to Providence Health Plan members (PHP) or to patients of Providence physicians.

myProvidence Services include:

2. Registration to Use myProvidence

You may become a registered User by completing myProvidence registration and agreeing to comply with this User Agreement and linked policies.

myProvidence is not intended for use by children under the age of 13 and no person under the age of 13 will be knowingly registered to use myProvidence.

3. Termination of Account

A User’s account may be terminated by Providence under the following circumstances:

Participation in PHP account information and management services and Providence Doctor’s Office Services is at the discretion of PHP and PMG, respectively. Users of these services may be terminated at any time and for any reason.

4. Personal Information Collection and Use

Providence understands that the privacy of your information is important. For information about how personal information is collected by myProvidence and protected and used by Providence, please review our Privacy Policy.

Please note that personal information collected by PHP and Providence Doctor’s Office Services is subject to separate notices of privacy practices.

5. User Responsibilities

myProvidence is intended to help you manage key aspects of your care online, but we need your help to make it work well. We also need you to be responsible for doing your part to protect your personal information, and to understand that the educational information and materials made available through the Providence Web site are not and do not include medical advice, and are not designed or intended to address your personal health condition or issues.

Users therefore must be responsible for the following:

5.1. Be an Informed User

Please read this User Agreement carefully. We need your help in making myProvidence a safe and effective tool, and protecting it against misuse. Your violation of this User Agreement is grounds for suspension or termination of your myProvidence account.

5.2. Maintain and Protect Your Own Equipment

myProvidence is intended to be accessible and all content available through all standard commercial Web browsers operating on standard personal computers, through standard commercially-available Internet access. The quality of content presentation and download speeds may vary depending on the software, equipment and Internet connections used.

You may be able to use devices other than a personal computer to access myProvidence, such as some personal digital assistants (“PDAs”), cell phones or other devices. If you do choose to use another kind of device to access myProvidence, you must be responsible for protecting it in accordance with this User Agreement. Any requirement for personal computer protection in this User Agreement applies equally to any other device you may use to access myProvidence.

In order to avoid the threat of phishing, Providence will never send you unsolicited e-mails that include a link to a Providence web site where you will be asked to provide personal information. If you receive an e-mail that claims to be from Providence, which includes a link to a web site which appears to be operated by Providence, or by any party on behalf of Providence, and which asks you to provide personal information, please do not provide that information.

If you receive any suspicious e-mail which claims or appears to be from Providence, please notify us by calling the Providence Integrity Line at 1-888-294-8455.

5.3. Protect Your Password

5.4. Do Not Provide Third Party Services

You are not permitted to use myProvidence to provide or support informational, educational, messaging or other services to other parties. The information and services made available by and through myProvidence are for personal use only, by individuals who have registered for myProvidence. Use of myProvidence may not be sold, licensed, loaned to otherwise transferred, permanently or temporarily, by a registered user to any other party.

5.5. Do Not Distribute Copyrighted Materials for Commercial Use

Most of the information and materials made available by and through myProvidence is copyrighted and owned by Providence or other parties. You may use this information and materials for your own personal use, and may make limited use of it for nonprofit educational purposes to the extent permitted by law. You may not sell or modify any information or materials obtained from myProvidence or reproduce, display, distribute, or otherwise use it in any way for any public or commercial purpose. Use of information or materials obtained from myProvidence on any other Web site or in a networked environment is prohibited. You must retain all copyright and other proprietary notices contained in the original information or materials on any copy you make of such material.

5.6. Do Not Abuse myProvidence Services

myProvidence is provided for your convenience and educational use. In order to keep these services working efficiently and appropriately, you are not permitted to:

5.7. Make Prudent Use of User Forums and Message Boards

If you publish personal or other sensitive information in a User Forum or Message Board, it will be available to other individuals on that User Forum or Message Board. The inappropriate use or disclosure of information by User Forum and Message Board participants is prohibited by the policies which apply to them, but Providence cannot control or prevent the use of information by participants outside of the User Forum or Message Board. Providence is not responsible or liable for the use or disclosure or any personal information published in a User Forum or Message Board, by any individual who is not acting as a Providence agent or employee.

6. Health and Medical Educational Information

The Providence site is used to publish information about health issues and general medical care options to help educate users and increase public awareness. Some of this information is provided by parties other than Providence, and Providence may provide links to third party Web sites for this purpose.

6.1. Information Is Not Medical Advice or Personal Health Information

On myProvidence, medical advice may be made available as part of Providence Doctor’s Office secure messaging services.

All other information and links to information Web sites provided by or through myProvidence are for educational purposes only. You are responsible for your understanding and use of all information.

6.2. Information and Links are Not Necessarily Endorsed

The fact that information is published or a link provided by myProvidence does not mean that the views and opinions expressed therein are necessarily shared by Providence. Providence is a ministry of the Roman Catholic Church and does not recommend, endorse or promote any medical procedures or interventions which are prohibited by the Ethical and Religious Directives for Catholic Health Care Services.

6.3. Information Is Not Guaranteed

While Providence seeks to provide useful, high-quality information through the myProvidence Web site, Providence cannot guarantee that any information is accurate, complete, current, error-free, or free of viruses, worms or other malicious software. Information is provided “as is,” without warranties of any kind, express or implied, including but not limited to warranties of fitness and suitability for any particular purpose.

6.4. Linked Web sites Are Not Endorsed

Providence seeks to link only to trustworthy, valuable Web sites, but provides Web site links for your convenience only. A link to a Web site does not constitute an endorsement of the linked site, its content, or any party affiliated with the linked Web site. Providence makes no warranties or representations, express or implied, about the accuracy, completeness, currency, relevance, appropriateness, or availability of any linked site, the information contained in them, or any products or services they offer. Providence shall not be liable, directly or indirectly, for any damages, losses or harm incurred in connection with the use of a linked Web site.

6.5. Jurisdictional Limitation of Use

The myProvidence Web site originates and is intended for use in the United States. Providence does not claim that any information or materials on this Web site is appropriate or may be used outside of the United States. Access to information or materials may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

7. Providence Doctor’s Office Secure Patient-Doctor Messaging

Some Providence health care providers participate in secure messaging for communications about appointments, billing questions and clinical issues. Established patients of these providers may wish to use this service. Please ask your Providence health care provider for more information about enrollment in Providence Doctor’s Office Services and participation in secure messaging.

Copies of all secure message exchanges with your doctor will be permanently filed in your electronic medical record.

Please note that secure messaging is an encrypted Web-based communications process, which offers greater security than conventional e-mail. Providence has determined that conventional e-mail does not provide adequate security for provider-patient communications. Secure messaging is supported by standard commercial Web browsers operating on standard personal computers, through standard commercially-available Internet access. E-mail from patients will not be accepted by Providence providers.

Secure messaging is not a substitute for in-person consultation and examination and may not be used to establish a new physician-patient relationship or for emergency communications. If you have reason to believe there is a medical emergency please call “911” or your other applicable emergency number at once.

8. Changes to this User Agreement.

PROVIDENCE reserves the right to change this User Agreement from time to time. We will make reasonable attempts to notify you of changes we think may be important to you by e-mail. We will post a notice of less important changes on the myProvidence home page for a reasonable period of time before and after the change, and may make minor changes without notice.

All changes will be effective when published unless a different effective date is specified. Your continued use of myProvidence services after we have posted a change to this User Agreement will be considered your consent to the change.

9. Services Availability and Limitations

Providence will attempt to keep the Providence site available at all times, but availability may be interrupted from time to time for maintenance, repair, upgrade or other activities, due to technical problems, or due to natural disaster or other emergency. Providence is not responsible for and cannot control the availability of third party communications services necessary to connect to the Providence site.

10. Digital Millennium Copyright Act (“DMCA”) Provisions

Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed by a use of myProvidence may report an alleged infringement to Providence by following the relevant provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) rights, by sending Providence’s authorized agent a notification of alleged infringement that satisfies the requirements of the DMCA. Upon receipt of a satisfactory notice of alleged infringement Providence will promptly investigate the allegations, and respond appropriately, including removal of or blocking access to allegedly infringing content.

10.1. If you are affected by the removal or blocking of allegedly infringing content

If you are affected by the removal or blocking of allegedly infringing content which you in good faith believe has been removed or blocked in error, you may send a counter notification to Providence. Upon Providence’s receipt of a counter-notification that satisfies the requirements of DMCA, Providence will provide a copy of the counter notification to the person who sent the original notification of alleged infringement and will follow the DMCA’s procedures with respect to a received counter notification.

10.2. DMCA notifications

DMCA notifications of alleged infringement and counter-notifications may be sent to Providence Health & Services, Office of Legal Affairs, Suite 1200, 506 Second Avenue, Seattle, WA 98104-2329

10.3. Lawsuits regarding alleged copyright infringement

Providence will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

11. Limitation of Liability

To the greatest extent permitted by law, Providence’s liability to any person for any claims, losses, damages, harm or costs arising from or pertaining to the use, operation or functioning of the Providence site, whether arising from or pertaining to breach of contract, tort (including negligence), warranty or any other legal theory, shall be limited to the person’s direct monetary damages and shall not include any indirect, special, incidental, non-economic, consequential, punitive or exemplary damages (including but not limited to damages related to delays, loss of data, interruption of service, loss of privacy, reputational or physical harm), even if Providence has been advised of the possibility of such damages.

12. Dispute Resolution

These Terms of Use shall be interpreted consistently with federal law applicable to the parties, including but not limited to HIPAA, provided that state law issues shall be exclusively interpreted according to the laws of the State of Oregon, without regard to choice of law principles. Jurisdiction and venue for any dispute arising from or pertaining to these Terms of Use shall be in the Circuit Court of the State of Oregon for Multnomah or the U.S. District Court for the District of Oregon.

12.1. If any provision of this User Agreement is found to be invalid

If any provision of this User Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this User Agreement, which shall remain in full force and effect. No waiver of any of this User Agreement shall be deemed a further or continuing waiver of such term or any other term.

Contact Information:

Providence Health & Services, Office of Legal Affairs, Suite 1200, 506 Second Avenue, Seattle, WA 98104-2329