Attention: if you have an emergency, DO NOT USE THIS SITE to contact your physician!
You should call 911 and request emergency assistance.

This Terms of Use and Privacy Policy (“Agreement) is between you and Exscribe, Inc. and governs your use of this Patient Portal Website (“Site”).

Ownership

The Patient Portal Website powered by Exscribe is owned and operated by Exscribe, Inc.

Site Purpose

The purpose of the Site is to provide you and your healthcare provider with a secure network to assist in communicating certain information related to your health care.

Acceptance and Term

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE. From time to time, Exscribe may modify these Terms of this Agreement without notice, by posting it on the Site, and such modification will become effective immediately.

These terms govern your access and/or use of the Site, therefore you should read them carefully. This Agreement shall remain in effect at all times until you cease using this Site and cancel your site access. BY REGISTERING FOR ACCESS, ACCESSING, OR USING ANY PART OF THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS SITE.

Eligibility and Site Access

In order to join and use the Site you must be 18 years of age or older and an active patient of a physician who is provided services from Exscribe. During the account creation process, you will be asked to provide Exscribe with certain identifiable information, including your email address. By providing such information, you hereby certify that any and all information you provide is true and correct. Failure to provide true and correct information may result in termination of your access to the Site.

Username and Password

During the registration process, you will be asked to provide a valid, working e-mail address. Additionally, you will be required to establish a username and password in order to access the Site. Sharing of your username and password is strictly prohibited. You agree that it is your responsibility to keep your username and password confidential and that you are solely liable for any damages or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your site credentials.

Site Availability

Exscribe has deployed a reasonable means to ensure that you can access this Site 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond Exscribe’s control. Exscribe shall not be held for any failure or deficiency in the performance of the Site by reason of maintenance, breakdown or any event beyond Exscribe’s reasonable control, including without limitation, Internet outage, fire, interruption of service, labor disturbance, natural disaster, technological disaster, terrorism, or war.

Site Security

Exscribe employs reasonable and current security methods to prevent unauthorized access to your Site account. At no time will our personnel ask you for your password in an unsolicited phone call or in an unsolicited e-mail. You are instructed to log out of the Site and close the browser window when you have finished your session. We have also taken those steps required of us under the Health Information Technology for Economic and Clinical Health ("HITECH") and HIPAA to protect the security and privacy of any patient information housed on the Site.

Ownership of Data

Exscribe acknowledges and agrees that the data and information that is compiled or passes through the Site that specifically relates you, your patient care, or your physician procedures or diagnosis (collectively, the “Client Data”), and all right, title and interest therein, is and shall remain the exclusive property of you. Notwithstanding the foregoing, to the extent permissible under the Privacy Laws and any other applicable laws and regulations, you hereby grant to Exscribe a perpetual, unlimited license to use the Client Data, in a de-identified format stripped of identifiers only, for data benchmarking, sharing, warehousing, resource utilization and similar data analysis services; provided, however, that Exscribe shall comply with the Privacy Laws in connection with any such actions and shall protect and maintain the confidentiality of all Client Data used in such manner.

EXSCRIBE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PHI OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE. EXSCRIBE RESERVES THE RIGHT TO AMEND OR DELETE ANY UPLOADED CONTENT (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THE SITE) THAT IN EXSCRIBE’S SOLE DISCRETION VIOLATES ANY PROVISIONS OF THIS SECTION OR THE TERMS OF USE IN GENERAL.

Medical Disclaimers

You acknowledge that you are responsible for verifying the accuracy of any information you send or receive through the Site, including any of your patient health information, data, or records.Furthermore, you acknowledge that Exscribe is not involved inthe rendering of medical advice or for the accuracy of any information or content provided or sent by you or other users of the Site, including your physician. ALL CONTENT PROVIDED BY EXSCRIBE AND/OR ITS PARTNERS OR OTHER THIRD PARTY VENDORS IS GENERAL IN NATURE, IS PRESENTED IN SUMMARY FORM, AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY TO IMPROVE YOUR COLLABORATION WITH YOUR PHYSICIAN. THIS SITE IS NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN FOR YOUR QUESTIONS CONCERNING A MEDICAL OR CLINICAL CONDITION, DECISIONS, GUIDELINES, MANAGEMENT OR TREATMENT. DO NOT RELY ON CONTENT, GUIDELINES, PRODUCTS OR ANY OTHER SERVICE OFFERED BY OR THIS SITE FOR MEDICAL OR CLINICAL DECISIONS, DIAGNOSIS, MANAGEMENT OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.

Disclaimer or Warranties and Limitation of Liability

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXSCRIBE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

In addition to your obligations to indemnify us under any Business Agreement, if any, you agree to defend, indemnify and hold us and our affiliates harmless against any claims, losses, damages, expenses or costs (including without limitation reasonable costs of litigation such as attorneys' fees and expert fees) arising from, incurred as a result of, or related to your breach of this Agreement, your unauthorized or illegal use of the Site or the information contained within or transmitted through it, whether you or any other person using your usename and password.

Termination

You may terminate this Agreement by providing us written notice of such termination and discontinuing your access or use of our Site. We may terminate this Agreement and your right to access or use our Site, at any time, with or without cause.

Governing Law and Legal Jurisdiction

The laws of the Commonwealth of Pennsylvania govern this Agreement, without regard to conflict of law principles. You submit to the exclusive jurisdiction of the courts in the Commonwealth of Pennsylvania and waive any jurisdictional venue or inconvenient forum objections to such court.

Survival

All provisions, which, by their nature survive, shall survive termination of this Agreement.