This myTuftsMed Mobile Application Privacy Policy (“Privacy Policy”) applies to personal information obtained through the myTuftsMed, myTuftsMed Mobile Application (the “App”), which is operated by Tufts Medicine, Inc. and its affiliates (“Tufts Medicine”, “we”, “us”, “our”). This Privacy Policy explains our practices and governs the use of personal information we collect from you or about you through the App. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this Privacy Policy.

Please note that this App is hosted through a service provider, Epic Systems Corporation, which processes patient information not collected through the App, such as information collected through your electronic medical record at your doctor’s office. Such patient information may be viewable through the App and may be considered protected health information, as governed by the Health Insurance Portability and Accountability Act (“HIPAA”) and applicable state law. Please refer to our Notice of Privacy Practices which include documents that govern as to protected health information in the event of a conflict with this Privacy Policy.

Information We Collect

We, and our vendors, may obtain personal information that you provide to us directly such as data you submit when you complete forms, fill out surveys, schedule appointments, request prescription refills, send messages to your care team, or make payments through the App. Personal information we, and our vendors, collect may include your name, account credentials, residential address, email address, phone number, gender identity, sexual orientation, marital status, race, ethnicity, language, religion, emergency contacts, caregiver information, scheduling preferences, photo, insurance coverage information (including insurance card photos, claims, and referrals), pharmacy information, certain health-related information, financial or social assistance-related information, and payment processing information;

If you submit the personal information of another person, you represent that you have obtained the authorization from that person to submit such personal information to us. If you access your myTuftsMed account through a browser (at https://mychart-p.well-net.org/MyChartprd), information collected through the App related to your App account and settings may not be synchronized between the App and the browser. Because the App is hosted through a service provider, Epic Systems Corporation, which processes patient information not collected through the App, there may be certain additional personal information that you may be able to view through the App. For example, you may view lab test results, notes from your health care provider after a clinic or video visit, prescription information and instructions, allergies, and immunizations. This personal information is not collected through the App. Rather, the information is collected through your electronic medical record at your doctor’s office and may be considered protected health information under HIPAA.

We or our vendors may use a variety of tracking technologies that automatically collect certain information whenever you interact with the App. This may include usage details related to your access to and use of the App, including traffic data, location data, logs, crash analytics, and/or other communication data and the resources that you access and use on or through the App, as well as device information such as internet connection information, the device's unique device identifier, IP address, geolocation (to the extent it is not restricted by your App permissions), operating system, browser type, and mobile network information

The App may be personalized based on various information we may have about you to provide you with more location-relevant content. To the extent it is not restricted by your App permissions, we may use GPS (global positioning systems) software, geo filtering, and other location-aware technologies to locate you, sometimes precisely, for purposes such as verifying your location and delivering or restricting content based on your location. You may use your device settings to change your geolocation preferences.

myTuftsMed may interact with your sensitive data to provide certain features, such as video visits or mobile appointment check-in. The first time you try to use any of these features, we will ask for your consent within the app and will only allow you to use a feature if you give consent. You do not have to provide consent if you do not want to allow myTuftsMed to interact with your data as requested. myTuftsMed is developed by Epic Systems Corporation; please refer to Epic’s Mobile Application Privacy Policy for Patients for more detailed information about the limited ways they may interact with your information to make your use of myTuftsMed possible.

myTuftsMed may offer location-based check-in for in-person appointments or allow you to find healthcare providers near you. The first time you try to use any features that use your location, we will ask for your consent within the app and will only access your location if you give consent. You do not have to provide consent if you do not want to allow myTuftsMed to use your location. We do not store your location data.

We may combine certain automatically-collected information with other information we obtain about you, which may include data we obtain from third parties. We or third parties, including our vendors, may collect personal information about your online activities over time and across different online services when you use the App.

App Permissions

Depending on your device or App permission settings, the App may have access to the following information from your device:

Location (we may include precise or approximate location, including access to location in the background in case patients seek assistance in locating services)

Storage (the App may be able to read, modify, or delete the contents of your shared storage)

Camera (may allow the App to take pictures and videos)

Microphone (may record audio)

Phone (may directly call phone numbers)

Other Information (for example, the App may be able to run foreground service, access Bluetooth settings and pair with Bluetooth devices, control vibration, run at startup, have full network access, use device security hardware such as fingerprint login, view network connections, prevent phone from sleeping, change audio settings, and receive data from Internet)

These App permission settings allow you to access or use certain features within the App. By changing your App permission settings, you may affect your ability to access or use certain features on the App.

Additionally, you may be able to log into the App using your device’s security features such as using a passcode or your fingerprint. These device log in features are facilitated through your device and not Tufts Medicine and we have no control over such features, which you can change by accessing your device settings and preferences.

How We Use Your Information

We use your information for many purposes, such as to:

Provide you with various products and services, including the App and its contents, and payment processing.

Fulfill the purpose for which you provide your information.

Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

Improve our App and to deliver a better and more personalized experience by enabling us to estimate our audience size and usage patterns, store information about your preferences, customize our App according to your individual interests, speed up your searches, recognize you when you use the App.

Analyze trends and conduct research about improving our products and services.

Provide customer service, including responding to questions from customers and App users.

Contact users for research, informational, and marketing purposes and provide specific relevant marketing, promotional, or other information to you.

Correlate information with other commercially available information to identify demographics and preferences to assist us in our marketing efforts.

Address information security and/or privacy issues, network functioning, and troubleshooting.

Investigate claims and/or legal actions, violations of our policies and procedures, and compliance with relevant applicable laws and legal process.

Comply with applicable laws, regulations, or legal process as well as industry standards and our company policies.

Prevent, investigate, identify, or take any other action with regard to suspected or actual fraudulent or illegal activity, or any activity that violates our policies.

We will store your personal information for no longer than is necessary for the performance of our obligations or to achieve the purposes for which the information was collected, or as may be permitted under applicable law.

Disclosure of Your Information

We may disclose information:

To our subsidiaries and affiliates.

To contractors, service providers, and other vendors to help us operate our business and the App, or administer activities on our behalf, such as App maintenance, and payment processing.

To others, at your direction. For example, you may share your information with friends, family, other individuals, or other healthcare organizations. You may adjust your sharing preferences through the sharing features. Note that if you choose to provide access to your information to friends or family through the App proxy access feature, they may obtain full access to all the information you have access to yourself on the App. If you choose to provide access to any individual (e.g., nurse, social worker), those individuals may view a subsection of your information. You may also choose to link your myTuftsMed account to other healthcare system accounts.

In the event we sell or transfer all or a portion of our business assets (e.g., further to a merger, reorganization, liquidation, or any other business transaction), including negotiations of such transactions. To others with your consent.

In some cases, to other devices or applications as per your preferences. You have the ability to review which devices or apps have access to your information. Connecting to other devices or applications, may entail sharing information between the App and such devices related to the device’s technologies or features.

As permitted by law; (ii) where we determine that disclosure of specific information is necessary to comply with the request of a law enforcement or regulatory agency or other legal process; or (iii) to enforce our policies, or to protect legal rights, property, or safety.

From time to time we may enter into an arrangement with another company that is not owned by or affiliated with us to provide additional features on the App. These arrangements may include business partners, sponsors, and co-branded online services (referred to here as “co-branded services”). Any information, including personal information, that you provide on one of these co-branded services may be shared with these partners. By participating in activities or providing your information on these co-branded services, you consent to our providing your information to those partners. Separate privacy policies may apply to these partners’ uses of your personal information.

Note that this App is hosted through a service provider, Epic Systems Corporation, which processes patient information not collected through the App such as information collected through your electronic medical record at your doctor’s office. Personal information submitted to the App, such as your communications with your health providers, may be shared with Epic Systems Corporation and added to your medical record. Once part of your medical record, this personal information but may be considered protected health information, as governed by HIPAA and applicable state law.

External Links and Features

The App may contain links to, or features facilitated by, other online services. We are not responsible for the privacy practices, advertising, products, or content of online services that Tufts Medicine does not control. Please note that other online services have their own privacy policies and Tufts Medicine is not responsible or liable for these policies.

Your Choices

If you have a registered account with the App, you may log in and update certain preferences, account settings, or personal information details. You may also download and send records accessible through the App or change sharing and device/app access preferences. You can also manage communications that you receive from us, including the method of communication (e.g., emails, phone calls, texts). Additionally, you may download and view certain records as well as information on who (i.e., third-party apps and other Tufts Medicine App users) has accessed your Tufts Medicine App records through the App.

You may also use your device settings to change your geolocation and other App permissions preferences. If you use access your Tufts Medicine myTuftsMed account through a browser (at https://mychart-p.well-net.org/MyChartprd/), information collected through the App related to your App account and settings may not be synchronized between the App and the browser.

With your permission, certain versions of our App can connect to Apple HealthKit or Google Fit to receive health information and to share that information with your healthcare providers.

Note that because the App is hosted through a service provider, Epic Systems Corporation, which processes patient information not collected through the App, there may be certain personal information that you may be able to view through the App, but you are not able to revise. This information is collected through your electronic medical record at your doctor’s office and may be protected health information, which you may view through the App. Please refer to our Notice of Privacy Practices for more information. If there is personal information on the App that the App does not allow you to revise, it may be that the information is personal information collected through your electronic medical record at your doctor’s office. If any of the information contained in your record is inaccurate, please contact your healthcare provider. Note that in some cases, patient information not collected through the App may not be viewable through the App. If you do not see an expected test result, please contact your physician's office to request that these results be released to your App account. If at any time in the future we offer to send marketing materials, you elect to receive marketing materials from us, and prefer to no longer receive any marketing materials from us, you may opt out at any time by using the unsubscribe link located in our emails.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

This Privacy Policy may change from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. Your continued use of this App after we revise this Privacy Policy means you accept those changes, so please check this Privacy Policy periodically for updates.

For further information about this policy, or if you believe we have not followed this policy, contact the Privacy Office at compliance@tuftsmedicine.org

Please review the Terms and Conditions below. By clicking on “I accept,” you are agreeing to these terms.

These terms and conditions (“Terms”) are a contract between users (“you”) and Tufts Medicine, Inc. (“Tufts Medicine,” “we” or “us”) and affiliated entities, and apply to the myTuftsMed Portal, located as a website at https://mytuftsmed.org and available as a mobile application and to any other websites owned and operated by us that link back to these Terms (collectively, the “Services”). The Services allow Tufts Medicine patients and their designees to access portions of their Tufts Medicine medical record and billing records as well as to communicate with providers and clinical administrators, obtain general educational information, and learn about research opportunities and other Tufts Medicine programs and initiatives.

Tufts Medicine may, from time to time, change these Terms and Conditions. Tufts Medicine reserves the right to make additions, deletion or changes to the Services. We may add or remove features or functionalities and we may suspend or stop the Services altogether at our sole discretion. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. When the terms are changed, Tufts Medicine will post the updated terms and require you to review and accept the new terms before you continue to use myTuftsMed. Your continued use of myTuftsMed 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 agree and follow these Terms and Conditions, you should not access or use myTuftsMed . The most current version of these Terms and conditions can be accessed at any time by selecting the “myTuftsMed Terms and conditions” link. Certain provisions of these Terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages within this site.

YOUR ELECTRONIC HEALTH RECORD

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

If you may have received care and created separate MyChart accounts at locations not affiliated with Tufts Medicine who use their own instance of MyChart, myTuftsMed also provides you the ability to view your health information from Tufts Medicine and these non-Tufts Medicine 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 myTuftsMed or to myTuftsMed from another linked MyChart account should you choose to link these separate accounts from within MyChart.

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

MYTUFTSMED ACCESS

Subject to the terms contained herein, Tufts Medicine hereby grants you a limited license to access myTuftsMed. You agree that you shall use myTuftsMed only in accordance with the Terms and conditions, applicable law, and the rules, and the policies and procedures established by Tufts Medicine for use of myTuftsMed. 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 myTuftsMed, including up-to-date virus protection on PCs, smartphones and tablets. You represent and warrant that all information provided to Tufts Medicine in connection with this Agreement, including in the process of registration for myTuftsMed, is true, accurate and complete. You are responsible for installing and maintaining all equipment and systems necessary to access myTuftsMed and for paying all related charges.

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

ADDITIONAL RESTRICTIONS

By accessing or otherwise using the Services, you agree that you will not under any circumstances:

use the Services for any unlawful purpose or for the promotion of illegal activities;

attempt to interfere in any way with the Services’ networks or network security or attempt to use the Services to gain unauthorized access to any other computer system or other user’s account;

interfere or attempt to interfere with the proper functioning of the Services;

make any automated use of the Services, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

bypass any measures we take to restrict access to the Services or use any software, technology or device to scrape, spider or crawl the Services or harvest or manipulate data;

use another user’s account without permission; or

post or link to any offensive material.

If we determine that you have violated any of the above restrictions or any other term or condition of these Terms, and/or abused the use of the Services, we reserve the right, in our sole discretion, to discontinue your use of the Services. You will be notified if your account is discontinued.

SECURITY AND PASSWORDS

Access to myTuftsMed is enabled by usernames and passwords, security questions and answers and additional security measures as may be implemented from time to time by myTuftsMed. You will choose your username and password when registering for access. You acknowledge that you are entirely responsible for remembering your user ID and password, maintaining the confidentiality of the information you hold for your account, including you password, and for any and all activity that occurs under your account. 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 myTuftsMed using your username and password or security questions and answers. You shall immediately notify Tufts Medicine 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 at (Toll Free: 855-422-7300, or Local: 617-636-5418). You are fully and solely responsible for any and all use of myTuftsMed under your username and password.

USER INFORMATION

In these Terms, your “User Information” means any material that you submit to us through your use of the Services for whatever purpose. You agree only to provide User Information that is accurate and you agree to keep your User Information current. You own your User Information and you hereby grant, and agree to grant, Tufts Medicine an unrestricted, worldwide, irrevocable, non-exclusive, perpetual, fully-paid, royalty-free, transferrable license to access, view, display, reproduce, adapt, publish, translate, store, host, cache, maintain, modify, distribute and otherwise use and exploit your User Information in any manner, provided that it is in accordance with the Privacy Notice and applicable law, including the regulations issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). You also grant Tufts Medicine the right to sub-license these rights through multiple tiers, and the right to bring an action for infringement of these rights.

We use your email address to notify you when there is a new message for you on the Services. You agree that at all times you will keep your email address current by updating your account information anytime there is a change in your email account.

NON-DISCLOSURE AND CONFIDENTIALITY

In using myTuftsMed, you will have access to confidential information of Tufts Medicine 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 myTuftsMed 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

Tufts Medicine may terminate this Agreement and/or terminate or suspend your access to the myTuftsMed at any time and for any reason. Tufts Medicine has the right to refuse to provide access to myTuftsMed to any person, agency or organization, or to prohibit any person, agency or organization from using myTuftsMed, at any time and for any reason. Tufts Medicine reserves the right to change, suspend, or discontinue all or part of myTuftsMed, 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 myTuftsMed and the Confidential Information is the property of Tufts Medicine 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, Tufts Medicine does not grant any rights to you under any patents, copyrights, trademarks or trade secret information. Accordingly, unauthorized use of myTuftsMed 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 myTuftsMed 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.

Tufts Medicine shall have the right to use and incorporate into myTuftsMed any feedback and input provided by you, for any purpose, including the improvement of myTuftsMed and other research, educational and patient care purposes.

THIRD PARTY CONTENT

myTuftsMed may contain links to third party materials and third party websites for your information and convenience. Tufts Medicine 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 myTuftsMed 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. You acknowledge that use of Third Party Content is strictly at your own risk including, but not limited to, any risks associated with destructive viruses, and that TUFTS MEDICINE Tufts Medicine makes no warranties, express, statutory or implied, with respect to such Third Party Content. These Terms do not govern your use of any Third Party Content and you are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the Third Party Content. To the maximum extent permitted by applicable law, we will not be liable for any Third Party Content linked to through the Services, including, but not limited to, any inaccuracies, errors or omission in any content, any intellectual property infringement with relation to the Third Party Content, or any loss or damage of any kind incurred as a result of the use of any Third Party Content linked in or otherwise made available via the Services.

DISCLAIMERS

ACCESS TO MYTUFTSMED AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE OR THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TUFTS MEDICINE 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.

TUFTS MEDICINE DOES NOT WARRANT THAT ANY PART OF THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, INCLUDING BUT NOT LIMITED TO THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SERVICES.

TUFTS MEDICINE DOES NOT WARRANT THAT THE WEBSITE, APPS, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES OR ELECTRONIC COMMUNICATIONS SENT FROM THE SERVICES ARE FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS. TUFTS MEDICINE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, OR FROM ANY INFORMATION CONTENT, MATERIALS, APPS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

TUFTS MEDICINE 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 TUFTS MEDICINE. TUFTS MEDICINE MAKES NO GUARANTEE AS TO THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED TO OR FROM MYTUFTSMED.

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

Without limiting the foregoing, Tufts Medicine is not responsible or liable for the accuracy, usefulness, timeliness or availability of any information transmitted or made available via the Services, and are not responsible or liable for any error or omissions in that information. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all content, features and functions of the Services.

LIMITATIONS OF LIABILITY

IN THE EVENT OF ANY PROBLEM WITH MYTUFTSMED OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING MYTUFTSMED. UNDER NO CIRCUMSTANCES SHALL TUFTS MEDICINE OR ANY TUFTS MEDICINE AFFILIATE BE LIABLE IN ANY WAY FOR YOUR USE OF MYTUFTSMED 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 TUFTS MEDICINE OR ANY TUFTS MEDICINE AFFILIATE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS, DAMAGE, OR THEFT OF YOUR DATA, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICE, STOPPAGE OF OTHER WORK OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION) ARISING FROM OR RELATED TO YOUR USE OF MYTUFTSMED, 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.

INDEMNITY

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless TUFTS MEDICINE, its managing members, licensors, officers, directors, employees, agents, trustees, subsidiaries, parent companies and affiliates (the “Indemnitees”) from and against all third party complaints, charges, claims, losses, expenses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) material you have posted as part of the Services; and (c) your breach of these Terms, in each case unless caused by such Indemnitee’s misrepresentation, gross negligence, willful misconduct or fraud.

RESEARCH AND OTHER TUFTS MEDICINE PROGRAMS

You may also from time to time receive communications through myTuftsMed alerting you to general research opportunities and specific research studies and other Tufts Medicine programs and opportunities that may be of interest to you. Research is a key pillar of the Tufts Medicine 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 myTuftsMed 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 myTuftsMed Terms and conditions 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 Tufts Medicine relating to your use and our provision of myTuftsMed and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or Tufts Medicine. 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 Tufts Medicine 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.

Privacy of Your Health Care Information

Privacy Policy

TERMS AND CONDITIONS OF USE