myNightingale Patient Access Terms of Use

Welcome to "myNightingale Patient Access". "myNightingale Patient Access" is an Internet based service (the "Service") offered by Nightingale Informatix Corporation (Nightingale), an Ontario corporation. Before you begin, please take a minute to ensure that you understand the terms and conditions of our relationship by reading this important information. Your physician or his or her designate has entered into an agreement with Nightingale to provide a secure Internet web site that enables physicians, their staff and their patients to get information and communicate. Your physician has agreed to allow only those patients who have agreed to these Terms of Use, access and use of the Service. If you agree with these Terms of Use, then this agreement will be between you, your physician and Nightingale. Nightingale will notify your physician that you have agreed to these Terms of Use. By clicking on "I Agree" below, you indicate your acceptance and are bound by the provisions of this Terms of Use. We reserve the right to update or change these Terms of Use at any time and for any reason, however, if we make significant changes to our policies, we will notify registered users by e-mail, post a notice on our home page or alert you to changes by other similar means. By continuing to use this web site, you agree to be bound by any such revisions and should therefore periodically visit this page of the web site and print the latest version of the Terms of Use for your records. For your information, the date of the last update to these Terms of Use is stated at the top of this document. In addition to these Terms of Use, you should also read and be aware of the provisions of our Privacy Policy, which discloses Nightingale's regarding the collection and use of your personal information, and other policies that govern other parts of our web site. 1. Disclaimer of Medical Liability General Medical Information: Nightingale and any links provided through myNightingale does not provide individualized medical diagnosis, treatment or advice, nor do we recommend specific therapies or prescribe medication for anyone using these Services. Confirm with your Physician: You should confirm any information obtained from this web site with your physician prior to changing any treatment plans prescribed by your physician. Not for Emergencies: If you have a medical emergency, call your physician or 911 immediately. These Services are not for emergencies. Communication with your Physician's Office: From time to time you may communicate directly with your Physician's Office using these Services, for receiving medical information, treatment or advice, reviewing test results or requesting prescription refills. These communications are between you and your Physician's Office. Nightingale does not provide any medical advice or information. 2. Legal Notice All information, materials or advice provided through these Services serve to facilitate communication and information between you and your Physician. Nightingale does not warrant or make and representations about the content, information, diagnosis, prescriptions, drugs or treatment. 3. Limitation of Liability: In no event shall Nightingale, its shareholder, directors, executives, employees, or other representatives, be liable for any direct damages in excess of the purchase price of these Services or in the event that the Services have not been paid for, the value of the Services should the fees had been charged. In no event shall Nightingale, its shareholder, directors, executives, employees, or other representatives, be liable for any special, punitive, indirect, incidental or consequential damages. 4. Intellectual Property Copyrights: All of the content included on this web site, including text, art, graphics, logos, button icons, images, pictures, audio clips and software ("Content"), is the property of Nightingale, its members, partners or content providers, and is protected by Canadian and international copyright laws. Except as granted in the limited license below, any use of such Content, including modification, transmission, presentation, distribution or republication, is prohibited without the express prior written consent of Nightingale. Trademarks: All trademarks, trade names, logos, brand names and service marks ("Marks") of Nightingale, whether registered or unregistered, are the property of Nightingale Informatix Corporation. All other Marks appearing on this web site are the property of their respective owners. Third Party Licenses: You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. Infringements: If you think that any of the information posted to this web site infringes a copyright, trademark, patent or other right of another party, please contact a Customer Service Representative at support@myNightingale.com or 1-866-852-3663. 5. Restrictions, Passwords and Termination Restrictions on Use: As a condition to your use of the Service you agree that you will not: (i) use the Service in order to invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the Service; (ii) modify, erase or damage any information contained on the computer of any user connected to the Service; (iii) reverse engineer any portion of the www.myNightingale.info web site or the Services. Passwords: As a user of the Service, you will select a user password in order to access the Services. You are solely responsible for maintaining the confidentiality of your password and agree not to share or give your password to anyone else. You agree to immediately notify Nightingale if you become aware of any loss, theft or unauthorized use of your password. You may contact us at support@myNightingale.com or 1-866-852-3663. Termination: Nightingale reserves the right to refuse access to the web site and to terminate your use of the web site if Nightingale believes that your conduct violates any applicable law or is harmful to the interests of Nightingale, its members, customers, partners or suppliers, or other users, or for any other reason in Nightingale's sole discretion, with or without cause. 6. Governing Law and Jurisdiction: These Terms of Use are governed by Ontario law for all purposes, including web site use and product purchases, without giving effect to any principles of conflicts of laws. You hereby consent to the jurisdiction and venue of the courts of the Province of Ontario. 7. Indemnification: You agree to indemnify, defend and hold harmless Nightingale, its shareholders, affiliates, directors, managers, employees or other representatives from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use or any activity related to your use of this web site by you or any other person accessing the Service using your password. 8. Entire Agreement: Except as expressly provided in the other policies on the web site, these Terms of Use constitute the entire agreement between you, your physician and Nightingale with respect to the use of the Services. Nightingale reserves the right to update or change these Terms of Use at any time and for any reason by updating these Terms of Use. By using the Service you agree to be bound by any such revisions and should therefore periodically visit this page of the web site. You also may be subject to additional terms and conditions that may apply when you use certain portions of the web site. 9. Waiver: Our failure to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. 10. Severability: If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. 11. Modification: Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. 12. Assignment: Nightingale may assign its rights and duties under this Agreement to any party at any time without notice to you and/or your approval. 13. Acknowledgement: By clicking on "I AGREE" you indicate your consent to be bound by these Terms of Use.