TERMS AND CONDITIONS OF USE
RiverBend Medical Group (“RiverBend”) is pleased to offer you information, including access to certain of your medical information, via this Web-based version of our computer systems called MyChart (the “Site”). Your use of the Site constitutes your agreement to be bound by, and to act in accordance with, these Terms and Conditions of Use (these “Terms”). If you do not agree to these Terms, you may not use this Site.
Continuing Agreement – RiverBend may change or revise these Terms from time to time by updating this posting, so please visit this area each time you visit the Site to keep up to date with the current Terms governing your use of the Site. Your continued use of the Site after the change reaffirms your continuing agreement to the then-current Terms.
Access to Portions of Information – By using this Site, you acknowledge that you are requesting access to portions of your health information and the ability to communicate with RiverBend concerning your health information via the Internet using the Site. You understand that not all of your medical records may be accessible through the Site and that the medical information you may access is released at the discretion of RiverBend and your physician.
Response to Electronic Communication – RiverBend will endeavor to provide timely responses to electronic inquiries made through the Site. In some cases, the clinic staff that needs to respond to an electronic inquiry or other communication may not be immediately available so you should allow at least three (3) business days for a response. Accordingly, you should never use the Site for urgent matters. For all urgent medical matters, you must contact your physician’s office by phone or in person, go to an emergency room, or call 911.
Furthermore, we are only able to respond to your communications based on the information you provide and if you provide insufficient information, we will be unable to provide accurate and reliable services.
Web Site Links – The Site may offer links to Web sites operated by other parties. RiverBend does not control such Web sites and is not responsible for the content and performance of these sites. These Web site link(s) are provided as a courtesy only and the sites referenced in the links are not endorsed, approved or sponsored by RiverBend. Furthermore, RiverBend does not verify the accuracy of the information on these Web sites. You should rely on the advice of your medical providers for the purposes of treatment and diagnosis and not on information found on these Web sites. Use of these Web sites is strictly at your own risk, including, but not limited to, any risks associated with harmful computer viruses.
Minors – An individual must be age 18 or older to request a personal account for access to this Site (a “MyChart Account”). In making such a request you represent and warrant that you are age 18 or older.
Parents and other legal representatives of minor children may request a MyChart Account for access to a minor child’s information available through the Site in accordance with the terms outlined in the "Proxy Access" section of these Terms and RiverBend’s applicable policies and procedures. Under state and federal law, there are certain types of medical information that the parent or other legal representative of a minor patient age 12 or older may not view without consent of the minor patient; due to these restrictions, parents and legal representatives of minor children seeking proxy access to the information of a minor child age 12 or older will obtain only limited access to information available through the Site, unless full access is approved in accordance with RiverBend’s policies and procedures, including approval by the minor child’s primary care physician. Thus, when a minor patient reaches age 12, access restrictions applicable to the parent/legal representative will be placed on such patient’s MyChart Account until the minor child reaches age 18 (unless full access is approved by RiverBend as described above), at which time access to such patient’s MyChart Account by the parent or legal representative will terminate completely.
Upon request of a parent or legal representative and in accordance with RiverBend’s policies and procedures, including approval by the minor child’s primary care physician, minor children age 12 and above may obtain limited access to information and services available through the Site through a MyChart Account.
Proxy Access – Individuals age 18 or older who function as the legal representative of another individual may request proxy access to an individual’s MyChart Account by completing a MyChart Proxy Access form and submitting it to RiverBend. Such access will be granted in accordance with RiverBend policies and procedures, and will only be granted to parties with the legal authority to access the individual’s health information, including through parental rights, legal guardianship or appointment as a “personal representative” under the Health Insurance Portability and Accountability Act (“HIPAA”), and only to the extent that the party requesting proxy access can demonstrate the legal right to access the MyChart Account holder's information (and upon verification of identity as described below). In the event a MyChart Account is activated for a proxy, a separate MyChart Account will also be activated for the patient on whose behalf the proxy is acting. If you are accessing a patient’s MyChart Account as the legal representative of the patient, and your legal relationship with the patient changes, you must inform RiverBend immediately by calling RiverBend’s Health Information Department at 413-594-3111, or sending written notice to:
RiverBend reserves the right to revoke proxy access at any time for any reason.
Verification of Identity – You understand that your establishment of a MyChart Account and access to the Site is at all times contingent upon verification of your identity in accordance with RiverBend policies and procedures, as the same may be modified from time to time.
E-mail Privacy – You must provide us with an email address when activating a MyChart Account. RiverBend will endeavor to notify you via e-mail when there is new medical information to be viewed in connection with your MyChart Account. This means that any person with access to your e-mail will be able to see this notification. This could include your spouse, employer or anyone else that can access your e-mail account. Although no private medical information will be sent, the notification that new medical information is available by accessing the Site may be information that you would not want others to know. Thus, you should take this into account when providing an e-mail address. Please also note that, for security purposes, RiverBend will not reply to emails other than emails sent to us via the Site.
You should check your email on a regular basis and update your email address through your MyChart Account if you change your email address.
Please know that if you send us an e-mail communication via the Site, it may be shared with the RiverBend staff that assist physicians in providing the patient medical care including any appropriate clinical staff. Messages you send via the Site will be part of your permanent medical record, and will be accessible to current and future RiverBend physicians and staff members who are appropriately involved in your care.
Security and Confidentiality - We afford the same degree of confidentiality to medical information stored on the Site as is given to medical information stored by RiverBend in any other medium. For further information on our privacy practices, click here to access the RiverBend Notice of Privacy Practices. RiverBend is committed to protecting the confidentiality of your medical information. We limit RiverBend employees’ access and ability to enter or view information based upon their role in your care. Firewalls, passwords, encryption, audit trails, and other technology are used to safeguard your information. We will identify the records released and note the time and date of access each time you access your MyChart Account through the Site. RiverBend computer resources may be monitored for all lawful purposes. We have taken steps to make all information received through the Site as secure as reasonably possible against unauthorized access and use. With that said, you recognize that no internet based site can be 100% secure from attack, intentional or unintentional, by third parties or systems.
For other than general information viewing, the Site must be accessed with a Secure Sockets Layer (SSL) compatible browser or terminal (Netscape or Internet Explorer versions 5.0 or greater). Our SSL web server uses authentication and offers state-of-the-art encryption technology (128-bit RC4).
You can tell when you are secure by looking at the location (URL) field. If the URL begins with https:// (instead of http://), the document comes from a secure server. This means your data cannot be easily read or deciphered by unauthorized individuals. You can tell whether you are connected to RiverBend by viewing the digital certificate. This certificate infrastructure ensures user names and passwords are sent in an encrypted format.
You will be required to create a unique user name and password that you must use to access the Site and your MyChart Account. User names and passwords provide two layers of authentication and are stored in an encrypted database that is isolated from the Internet. As a Site user, your role in maintaining the security of your medical information includes: 1) Changing your password on a regular basis, and immediately if you feel that the confidentiality of your password has been compromised, and 2) Keeping your login ID and password completely confidential. RiverBend shall not be liable for any damages that result from a breach of medical record confidentiality resulting from your failure to keep your password secure.
Copyright and Trademarks – All content included on the Site, including but not limited to, text, photographs, graphics, images, artwork, names, logos, trademarks, service marks, and data (“Content”),in any form including the compilation thereof, are protected by U.S. and international intellectual property law and conventions. The Content includes both Content owned or controlled by RiverBend and Content owned or controlled by third parties and licensed to RiverBend. Direct or indirect reproduction of the Content, in whole or in part, except as set forth herein, is prohibited without the express written consent of RiverBend.
Site Access and License – RiverBend grants a limited license to you to make personal use only of the Site and the associated services in accordance with these Terms. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the associated services, making any derivative of the Site or the associated services, the collection and use of user email addresses or other user information, including, without limitation, health information or any data extraction or data mining whatsoever.
Appropriate Use – You agree that you will not post any offensive material on the Site including without limitation any materials that includes any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy. You may not submit, post or transmit any unlawful, threatening, libelous, defamatory, obscene, violent, offensive, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You may not, while using the Site, distribute viruses or other harmful content. You agree that all communications through the Site will be in regard to your own health condition. You understand that asking for advice on behalf of another person could potentially be harmful and shall be considered a violation of these Terms.
Termination of Access – You understand that the Site is available only to patients under the active care of a RiverBend provider and will be deactivated once you are no longer a RiverBend patient.
RiverBend reserves the right, in its sole discretion, to revoke your access at any time for any reason, including without limitation if you have violated these Terms. Violation of these Terms includes, without limitation, inappropriate sharing of passwords and other misuse or abuse of your access privileges or the Site. (However, you have the right to access your health information, even if your access to the Site is not available; please refer to the RiverBend Notice of Privacy Practices which can be accessed by clicking here.
Disclaimer – I understand that the Site and/or my MyChart Account may not be available to me all the time due to system failures, back-up procedures, maintenance, or other causes beyond the control of RiverBend. Access is provided on an “as-is, as-available” basis, there is no guarantee that you will be able to access the Site or your MyChart Account at any particular time, and RiverBend makes no warranties of any kind, express or implied as to the Content on the Site.
RIVERBEND TAKES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY THAT (I) THE OPERATION OF THE SITE WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. THE MATERIALS IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. RIVERBEND UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION. RIVERBEND DISCLAIMS ALL LIABILITY ASSOCIATED WITH ANY OF THE FOREGOING.
NOT MEDICAL ADVICE – RIVERBEND MAY SEND YOU INFORMATION REGARDING COMMON MEDICAL AND HEALTH RELATED TOPICS OR PREVENTIVE CARE MESSAGES CONTAINING SPECIFIC MEDICAL AND HEALTH RELATED INFORMATION AND/OR LINKS TO OTHER RELATED WEB SITES. ALSO, RIVERBEND MAY MAKE AVAILABLE SELF CARE INFORMATIONAL SERVICES WHICH PROVIDE GENERAL MEDICAL AND HEALTH INFORMATION. THESE COMMUNICATIONS AND RESOURCES ARE NOT COMPREHENSIVE MEDICAL TEXT AND DO NOT INCLUDE ALL THE POTENTIAL INFORMATION REGARDING THE SUBJECT MATTER. THESE COMMUNICATIONS AND RESOURCES ARE FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR AN INDIVIDUAL’S SPECIFIC MEDICAL DIAGNOSIS AND TREATMENT OR HEALTHCARE CONSULTATION OR CONSTRUED, DIRECTLY OR INDIRECTLY, AS THE PRACTICE OF MEDICINE OR PROVISION OF SPECIFIC MEDICAL ADVICE. THIS INFORMATION SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTING WITH YOUR PERSONAL PHYSICIAN. THE INFORMATION CONTAINED IN THESE COMMUNICATIONS AND RESOURCES IS COMPILED FROM A VARIETY OF SOURCES AND SHOULD NOT BE CONSIDERED AUTHORED BY RIVERBEND. RIVERBEND MAKES NO WARRANTY AS TO THE CONTENT OF THESE MATERIALS OR THE INFORMATION CONTAINED THEREIN.
LIMITATION OF LIABILITY – RIVERBEND’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM REGARDING THIS SITE IS TO DISCONTINUE YOUR USE OF THE SITE. UNDER NO CIRCUMSTANCES SHALL RIVERBEND BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT IN THIS SITE, BROUGHT FOR ANY REASON WHATSOEVER INCLUDING WITHOUT LIMITATION AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR INFORMATION AVAILABLE IN THE SITE. RIVERBEND SHALL NOT BE LIABLE EVEN IF RIVERBEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OR DELAY OF PERFORMANCE.
Governing Law – These Terms and any disputes arising under or related to these Terms will be governed by the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms will be brought exclusively in a court of competent jurisdiction located in Massachusetts, and you hereby accept and submit to the personal jurisdiction of such Massachusetts courts with respect to any legal actions, suits or proceedings arising out of these Terms. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms.
No Waiver – No failure on the part of RiverBend to enforce any part of these Terms shall constitute a waiver of any of RiverBend’s rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by RiverBend nor the reliance of any person on RiverBend’s actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of RiverBend shall have any legal effect whatsoever.