Patient Journey Platform Terms and Conditions of Use

"You or “Your” means the person who is accessing and providing information to Patient Journey Platform. The use of the words "we", "our," “us” and "Virtua" means Virtua Health, Inc. and its affiliates. Virtua Health, Inc. is a 501 (c) (3) non-profit corporation located in Marlton, New Jersey (“Virtua”). Virtua has partnered with a company called Customer Evolution, LLC to create the Patient Journey Platform, to allow you to access the Patient Journey platform via a web address (“url”) on a computer, laptop, and/or mobile device, and via a mobile application (“App”). Information in the Patient Journey Platform is not a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. For medical emergencies, please call 911.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WITH VIRTUA HEALTH, INC., AND ITS AFFILIATES (“VIRTUA”) AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND VIRTUA REGARDING YOUR USE OF THE PATIENT JOURNEY PLATFORM.

ACCEPT TERMS AND CONDITIONS
To use the Patient Journey Platform you must accept these Terms of Use by the clicking "I accept” box on the account activation page. If you do not accept the Terms of Use, you will not be able to use the Patient Journey Platform.

LICENSE TO USE PATIENT JOURNEY PLATFORM
We grant you a personal, revocable, nonexclusive, nontransferable and limited license and right solely in connection with your direct personal, non-commercial use, to access and use the Patient Journey Platform. You represent, warrant and agree that you will use the Patient Journey Platform only for its intended purpose and will not use the Patient Journey Platform for any purpose or in any manner that is prohibited by these Terms or by applicable law.

MYJOURNEY PLATFORM ACTIVATION
The Patient Journey Platform will be activated when you create an account. When you create a Patient Journey Platform account with us, you represent that you are age 18 or older, and that the information that you provide us is accurate, complete and current at all times.

FEES
There is currently no fee to use the Patient Journey Platform; however, Virtua reserves the right, in the future, to charge a fee for the use of the Patient Journey platform. You will be notified of this change and asked to agree to the fee to continue with the service.

SECURITY
We have implemented reasonable and appropriate security measures for the Patient Journey Platform to protect your personal and medical information. The Patient Journey Platform may utilize a combination of usernames, passwords, addresses, email addresses, and cell phone numbers for security and authentication. The platform uses encrypted databases. You should protect, and not share your username and password. When using the Patient Journey Platform, information will be transmitted over an Internet medium that is beyond the control of Virtua, its vendors or the Patient Journey Platform. You are responsible for ensuring that your computer system(s) and other digital devices have the appropriate security controls enabled. You agree to accept responsibility for all activities or actions that occur under your account or password, whether your password is with our service or a third party service provider. You must notify us immediately in the event that you become aware of a breach of security or unauthorized use of your account.

COMMUNICATIONS
We may communicate with you through email. If you provide us with a phone number, we may communicate with you through phone calls and text messaging as well. We will only contact you via phone call or text message as permitted by federal and state laws. By providing us with your phone number, you expressly consent to us contacting you via phone call or text message for any of the purposes mentioned above at that phone number. This contact may include, but is not limited to, the use of pre-recorded/artificial voice messages, interactive voice recognition system, an automatic dialing device, and/or Short Message Service (SMS) text messaging. Message and data rates may apply for any text messages sent from us to you or from you to us. Contact your carrier for details. By providing us a phone number, you represent that it is your phone number or you have the authority to provide consent to receiving phone calls or text messages to that phone number. You will receive electronic communications for new information updates or reminders of past due activities needed.

THE PATIENT JOURNEY PLATFORM INFORMATION
Virtua attempts to ensure the integrity of the Patient Journey platform information, however we make no guarantees whatsoever as to the correctness or accuracy. It is possible that Patient Journey Platform could include typographical errors, inaccuracies or other errors. If an inaccuracy arises, please inform us so that it can be corrected. Information contained on the platform may be changed or updated by us without notice.

YOUR PERSONAL DATA
Your Patient Journey Platform account will contain protected health information (PHI) and personal identifiable information (PII) (collectively “Data”). Your authorization will be obtained to release your Data to the Patient Journey Platform. Virtua considers your privacy to be of vital importance. We have safeguards in place to protect your health information, including appropriate privacy and security policies and procedures, in compliance with U.S. law, including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA) as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH), to prevent the unauthorized access, use, disclosure, alteration or destruction of your Data. Our Patient Journey Platform Privacy Statement  explains how we may use and disclose your Data and your rights with respect to your protected health information.

MEDICAL RECORD DATA
Portions of your medical record may appear on the Patient Journey Platform. Posting of medical record information is at the discretion of your individual health care provider(s) and our health system. If you believe any information displayed in the Patient Journey platform is not accurate, notify your health care provider at your next office visit or submit a customer service request to virtuahealthconnectsupport@virtua.org.

INFORMATION COLLECTED AND STORED AUTOMATICALLY
When you access or use the Patient Journey Platform, some Non-Personal Information is automatically collected. Non-Personal Information may include but is not limited to:

  • The Internet domain (for example, "xcompany.com") and IP address (an IP address is a number automatically assigned to your computer when surfing the internet) from which you access the Patient Journey Platform;
  • The Internet service provider, type of browser and operating system used to access the Patient Journey Platform;
  • The date and time you accessed the Patient Journey Platform;
  • Certain location information, such as your mobile device’s GPS signal or information about nearby WiFi access points and cell towers; and
  • Information about the links you click and pages you view within the Patient Journey Platform, and other standard server log information. 

Non-Personal Information is collected through technologies such as cookies, pixel tags, local shared objects, and through analytics tools. Cookies are small bits of information that are stored by your computer’s web browser. The cookies we use for the purposes described below under Use of Personal and Non-Personal Information may be first-party cookies or third-party cookies. First-party cookies are issued directly by the website you are viewing. Third-party cookies are issued by someone other than the website you are viewing. For example, if you link to the Patient Journey Platform website from another website, the cookies issued from that website are considered third-party cookies. Pixel tags are small images or small pieces of data embedded in images that can recognize cookies, the date and time a page is viewed, a description of the page where the pixel tag is placed and similar information from your computer or device. Local shared objects (sometimes called “flash cookies”) are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player. By using the Patient Journey Platform, you are consenting to the storing and accessing of the cookies, pixel tags, local shared objects and other technologies on your device. Please note that you may be able to adjust your web browser settings to decline all cookies.

LINKS
When using Patient Journey Platform you may sometimes be linked to third party websites. Virtua is not responsible for the information or materials contained on any third party web sites, or on web sites that provide links to the Patient Journey Platform. Links from Patient Journey Platform are provided for convenience only and are not intended as an endorsement by Virtua of the organization or individual operating the third party website or application, or a warranty of any type regarding either the third party website or application, or the information on the third party web site or application. Virtua shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products or services available on or through such third party websites or applications. If you decide to access any such services in conjunction with your use of the Patient Journey platform, you do so entirely at your own risk and subject to the terms and conditions of use for such services. We reserve the right to disable any 3rd party application. By accessing a third party website, you will be subject to the Terms and Conditions and Privacy Practices of the third party site.

PROHIBITED USE OF PATIENT JOURNEY PLATFORM
You agree to not upload or transmit any communications or content of any type (including secure messaging) that may infringe upon, misappropriate or violate any rights of any party, including communication that is harassing, threatening, intimidating, defamatory, libelous, pornographic, abusive, profane, copyright infringing, or to impersonate another person. Virtua reserves the right to suspend or terminate your access to, and use of Patient Journey Platform at any time.

DISCLAIMER OF WARRANTIES
VIRTUA PROVIDES PATIENT JOURNEY PLATFORM "AS IS" WITH ALL FAULTS AND MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING PATIENT JOURNEY PLATFORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PROGRAMS, PRODUCTS, OR SERVICES, OR OTHER MATERIAL PROVIDED THROUGH PATIENT JOURNEY PLATFORM, OR OF RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VIRTUA MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT YOUR ACCESS TO PATIENT JOURNEY PLATFORM WILL BE SUCCESSFUL, UNINTERRUPTED, TIMELY, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.

LIMITATION OF LIABILITY
IN NO EVENT WILL VIRTUA OR ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, CONTRACTORS, VOLUNTEERS, SPONSORS AND AGENTS (VIRTUA PARTIES”) BE LIABLE TO YOU, ANYONE CLAIMING BY, THROUGH OR UNDER YOU, OR ANYONE ELSE FOR (i) ANY DECISION OR ACTION TAKEN, OR NOT TAKEN, IN RELIANCE UPON THE INFORMATION CONTAINED OR PROVIDED THROUGH PATIENT JOURNEY PLATFORM, (ii) CLAIMS ARISING OUT OF OR RELATED TO PATIENT JOURNEY PLATFORM, (iii) YOUR USE OF PATIENT JOURNEY PLATFORM, (iv) USE OR DISCLOSURE OF YOUR PERSONAL OR MEDICAL INFORMATION OR (v) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY ARISING OUT OF OR ALLEGED TO ARISE OR BE CAUSE BY IN CONNECTION WITH, WITHOUT LIMITATION: (A) YOUR USE OF THE CONTENT, OR (B) THE USE OF OR RELIANCE ON ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES, (C) ANY INACCURACY, ERROR, OR DELAY IN, OR OMISSION OF ANY INFORMATION OR THE TRANSMISSION OR DELIVERY OF INFORMATION, AND ANY LOSS OR DAMAGE ARISING THEREFROM, (D) ANY NEGLIGENCE OF VIRTUA OR ITS AGENTS, OR ANY FORCE MAJEURE EVENT, UNAUTHORIZED ACCESS OR THEFT, OPERATOR ERRORS, COMMUNICATIONS OR SYSTEMS FAILURES OR ANY EVENT OUTSIDE OF THE CONTROL OF VIRTUA; (E) ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE OR SERVICE; OR (F) ANY OTHER MATTER RELATING TO PATIENT JOURNEY PLATFORM OR SERVICE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, IN SUCH JURISDICTIONS THE VIRTUA PARTIES ' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED ONE THOUSAND ($1000.00) UNITED STATES DOLLARS. YOU’RE SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS PLATFORM IS TO STOP USING THIS PLATFORM.

TERMINATION
VIRTUA HAS THE RIGHT TO ENFORCE PATIENT JOURNEY PLATFORM, GUIDELINES IN ITS SOLE DISCRETION. IN RESPONSE TO A VIOLATION, VIRTUA MAY TAKE ACTION AGAINST YOUR ABILITY TO USE PATIENT JOURNEY PLATFORM, RANGING FROM ISSUANCE OF A WARNING ABOUT A VIOLATION TO TERMINATION OF YOUR ACCOUNT. VIRTUA SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR PATIENT JOURNEY PLATFORM REGISTRATION OR ACCESS TO THE PATIENT JOURNEY PLATFORM.

GOVERNING LAW
These Terms and the relationship between you and Virtua shall be governed by the law of the State of New Jersey and those of the United States without regard to any conflict of law rules. You and Virtua agree to submit to the exclusive and personal jurisdiction and venue for any dispute in the state and Federal courts of State of New Jersey. Any cause of action you may have with respect to Physician Link or these Terms must be commenced within one (1) year after the claim or cause of action arose.

INDEMNIFICATION

You agree to defend Virtua against all claims, proceedings, demands, or actions arising from or relating to your use of Patient Journey Platform or your breach of these Terms and Conditions (each a “Claim”) and you shall indemnify and hold Virtua harmless from and against any expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us, at our request, in the defense of any such Claim.

INTELLECTUAL PROPERTY RIGHTS
Except where otherwise noted, all material, content, data and any other information of Patient Journey Platform, including all software, interfaces, design, organization and all database rights therein, are owned by Virtua or by entities or individuals other than Virtua and are legally protected under intellectual property laws (“Content”). The product names and trademarks used on Patient Journey Platform are the registered and/or unregistered marks of Virtua or its licensors ("Trademarks"). You may not copy or use any Content or Trademarks in any way.

CHANGES TO TERMS OF USE
These Terms of Use may be amended by Virtua at any time without notice. Your next use of Patient Journey Platform without objection shall be deemed acceptance of the new Terms of Use.

HOW YOU MAY CONTACT US
If you are having trouble accessing the platform or you have a question or complaint you may contact us at virtuahealthconnectsupport@virtua.org.

HOW YOU MAY OPT OUT OF PATIENT JOURNEY PLATFORM AND COMMUNICATIONS
You may disable a specific journey and stop journey-specific communications at any time by logging into the Patient Journey Platform and selecting the option to disable the journey. Alternatively, you may contact your provider and advise of your decision to opt-out.

COMPLETE AGREEMENT
You agree that the Terms of Use and the Patient Journey Privacy Statement referenced herein set forth the entire understanding between you and Virtua. You further agree that if any portion of the Terms of Use is held invalid, the balance shall continue in full force and effect.


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