Dossia Terms of Agreement

September 15, 2011

Please read these Terms of Agreement carefully. By clicking "I agree" to these Terms of Agreement, you are indicating that you have read, and you agree to be bound by, these Terms of Agreement. Dossia's Personal Health Management System Privacy Statement is incorporated by reference into these Terms of Agreement. If you do not agree to these Terms of Agreement, do not use this website.

DOSSIA'S PERSONAL HEALTH MANAGEMENT SYSTEM ("PHMS"), OR ANY PERSONAL HEALTH APPLICATION ASSOCIATED WITH THIS WEBSITE, DOES NOT OFFER MEDICAL OR ANY OTHER HEALTH CARE ADVICE. ANY CONTENT ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. PLEASE DO NOT SELF-MEDICATE OR PURSUE TREATMENT BASED SOLELY ON INFORMATION ACCESSED ON THIS WEBSITE. WE URGE YOU TO CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE ABOUT A MEDICAL CONDITION, DIAGNOSIS, OR TREATMENT. DO NOT IGNORE PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION YOU ACCESSED ON THIS SITE. CALL 911 OR YOUR PHYSICIAN FOR ANY MEDICAL EMERGENCY.

A. Definitions

"Dossia" means the Dossia Service Corporation, a corporation incorporated in Delaware.

"You" means an individual participant who creates a Dossia account or otherwise accesses a Dossia website.

"This website" means the Dossia website, including www.dossia.org and any Dossia website on which Dossia offers its Personal Health Management System and a Personal Health Record.

"Personal Health Management System" or "PHMS" means an account you create on the Dossia website to which you can send, or authorize others to send, your health information. Your PHMS will include a Personal Health Record and various tools to help you manage your health and medical care. Some of these tools will be part of the Dossia website.

"Personal Health Record" or "PHR" means an electronic record of identifiable health information on an individual that can be drawn from multiple sources and that is managed, shared, and controlled by or primarily for the individual. The term "Personal Health Record" shall have the same meaning as the term is defined in section 13400 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

"Protected Health Information" means individually identifiable health information that is transmitted by electronic media, maintained in electronic media, or transmitted or maintained in any other form or medium, with certain exceptions. The term "Protected Health Information" shall have the same meaning as the term is defined in Title 45, part 160.103 of the Code of Federal Regulations.

"Personal Health Application" means a website or software that uses health information about an individual to help diagnosis, manage, treat, or provide general or specific information about disease, injury, or conditions to improve an individual's general health status.

"Health care entities" means entities that may send health information electronically into your Dossia account or to you. They include (a) health care providers, such as physicians, dentists, pharmacies, laboratories, eye care providers, and hospitals, (b) information processors such as prescription processing companies, health information storage organizations, claims administrators, and pharmacy benefit managers, and (c) health insurance companies and employer health plans, including their claims administrators, pharmacy benefit managers, and other service providers.

"Health Information" means health or medical information about you, including claims information from your insurers, medical records from your health care providers, prescription drug records, and other records related to your health care or medical treatment. It also includes less formal health information you or others may create, such as a symptom diary. The term does not include other personally identifiable information about you, such as name, address, telephone number, e-mail address, or other non-health-related information you may have provided for Dossia enrollment or administration.

"Required by law" means required directly by applicable law or required by subpoena, court order, or other legal process.

B. Right to Change Terms of Agreement

Dossia reserves the right to change these Terms of Agreement at any time. Dossia will notify you 30 days prior to any change unless immediate changes are necessary to protect your information. Dossia will seek your consent before applying any material changes to you. If you do not consent to these changes, in some cases it is possible that many of the features and tools offered by Dossia may be unavailable to you. The date of the last update to these Terms of Agreement is stated at the beginning of this document.

C. Fees

At present, Dossia does not charge a fee to participants who create or maintain a PHMS. The costs are paid by participating health plans and providers who compensate Dossia for creating and maintaining PHMS accounts for individuals.

Important Note -- If you are no longer eligible to participate in Dossia's PHMS through your health plan or provider (for example, due to loss of employment), Dossia will - at the present time - continue to maintain your PHMS at no cost to you. Dossia reserves the right to charge you a fee in the future to continue to maintain your PHMS if you are no longer eligible to participate through a health plan or provider. Before Dossia imposes a fee for such cases, however, it will notify you of the new fee you must pay to keep your PHMS active. In addition, before Dossia terminates your PHMS for lack of payment, Dossia will make commercially reasonable efforts to notify you regarding the payment needed, and will retain your PHMS information for a commercially reasonable amount of time in order to permit you to save or transfer your health information before your PHMS is closed.

D. Authorized Use of this Website, Restrictions, and Disclosures

  1. You must be at least 18 years of age and a United States resident to enroll in a Dossia PHMS. However, an adult may establish a Dossia PHMS for minor dependents under the age of 18, subject to the requirements of the Privacy Statement.
  1. You understand that Dossia does not make any representations about the accuracy or completeness of any information in your PHMS and that Dossia only maintains that information for your convenience and access. The information in your PHMS is the information provided by you, your health plan, your health care provider, or other person or health care entity, not Dossia. You understand that not all health care entities are currently able to submit electronic health information to your Dossia PHMS, and that even if one of your health care entities has submitted some information into your PHMS, that information may not be accurate or complete. If you believe information to be incorrect in your PHMS, you should contact the entity sending this information. If you have a medical question, you should contact your physician. DOSSIA SHALL HAVE NO OBLIGATION, RESPONSIBILITY OR LIABILITY FOR ANY HEALTH CARE PROVIDER'S PROVISION OF PROFESSIONAL SERVICES, WHETHER OR NOT THAT PROVIDER HAS ACCESS TO OR RELIES UPON YOUR PHMS.
  1. You acknowledge and agree that Dossia is not engaged in the practice of medicine. Your PHMS is not a substitute for a medical record created and maintained by your health care provider. Further, you understand that this website is not designed for medical care or medical emergencies and is not a substitute for professional medical advice. The content available on this website is for informational purposes only. If you have questions about your medical condition or need medical help, you should seek the advice of your physician or other qualified health care provider.
  1. You may use this website, including the content contained on this website, solely for your own personal purposes as indicated on the website and in accordance with these Terms of Agreement. You may add information to your PHMS as indicated on the website and also may authorize other entities (such as your health care providers or health care entities) to add information to your PHMS. You shall be solely responsible for your own PHMS and any information or content that you add to it or remove from it; or information or content you allow others to add or remove; as well as the consequences of such additions or removals. You agree that you own or have the necessary licenses, rights, consents, and permissions to use and submit all information and content you add to your PHMS or to the website, including, without limitation, all information, privacy and intellectual property rights to do so.
  1. You will not include in your PHMS any material or content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Dossia all of the license rights granted herein. You represent that the contents that you enter into your PHMS do not infringe upon the intellectual property rights, publicity rights, privacy rights or any other legal or moral rights of any third party.
  1. You will not include in your PHMS any unlawful or libelous content as reasonably determined by Dossia. Dossia does not endorse any information or content, or any opinion, recommendation, or advice expressed in or associated with your PHMS.
  1. Dossia does not permit unlawful content, copyright infringing activities, and/or infringement of intellectual property rights on its website. Dossia will remove any content from your PHMS if it is properly notified, or otherwise obtains information causing it to reasonably believe, that such content is potentially unlawful, infringes or violates copyright laws, infringes or violates intellectual property rights, or otherwise violates these Terms of Agreement. One example of this policy is that Dossia may remove content from your PHMS if it receives a letter from a corporation claiming that your use of the content violates an intellectual property right that the corporation possesses. Another example of this policy is that Dossia may remove content from your PHMS if it obtains information causing Dossia to reasonably believe that such content violates laws prohibiting the possession of child pornography. Dossia reserves the right to remove content from your PHMS without prior notice if Dossia reasonably believes the content within your PHMS is in violation of these Terms of Agreement.
  1. You understand and agree that you are responsible for maintaining the confidentiality and security of passwords associated with your PHMS. You are responsible for any consequences arising from or relating to the sharing of, or your accidental disclosure of, your user ID or password to access your PHMS.
  1. This website may contain health or health-related information that you may find to be sexually explicit or otherwise offensive. Dossia and its licensors and suppliers shall not be responsible for such materials or any impact of such materials on you or others.
  1. You agree to indemnify, defend and hold harmless Dossia, its members, officers, directors, consultants, agents, employees or other representatives from any and all claims, liability, damages and costs (including, but not limited to, attorneys' fees) arising from your use of this website.
  1. Unauthorized use of this website, including but not limited to, unauthorized entry into Dossia's systems, misuse of passwords, or misuse of any other information is strictly prohibited. You may not use this website in any manner that could damage, disable, overburden, or impair the website or any content included on the website, or in any manner that could interfere with any other website or service. You may not attempt to gain unauthorized access to any other website or service, accounts not registered to you, or computer systems or networks, through hacking, password mining or any other means. You agree that you will not engage in any activities while accessing this website that violate applicable laws.
  1. Dossia will not respond to communications, including inquiries and complaints that are in a language other than English.
  1. The information and materials on this website may contain typographical errors or inaccuracies. Dossia reserves the right, in its sole discretion, without any obligation and without notice, to change, improve or correct the information, materials and descriptions on this website and to suspend and/or deny access to this website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and Dossia does not have any responsibility to update or amend any such information.
  1. You agree to use this website and services associated therewith in a manner consistent with all applicable professional and ethical standards and requirements; local, state, and national law and regulations; and otherwise in accordance with these Terms of Agreement. You agree not to upload onto this website any files, materials, or information that contain viruses, Trojan horses, worms, time bombs, bots, or any other harmful or deleterious programs or materials.
  1. Dossia reserves the right to terminate your use of this website for violation of any of these Terms of Agreement.
  1. Dossia may take down the website temporarily or permanently or terminate the services associated therewith at any time, for any reason, immediately and without notice to you. Dossia will store the health information in your PHMS and will retain it for a commercially reasonable time period in its discretion after termination, after which time it will have no obligation to maintain or store any such information. Dossia will make commercially reasonable efforts to notify you prior to any such termination so that you can save or transfer your information.

E. Termination of a PHMS Account

  1. Data destruction when a PHMS is closed. If you choose to close your PHMS, Dossia will permanently destroy its copies of your health information according to its data destruction security procedures. Dossia recommends that you save copies of your health information before closing your PHMS, for once you close it Dossia will not be able to recover the information. Prior to destroying your information, Dossia will offer you the opportunity to retrieve or transfer your information.
  2. Dossia termination of PHMS. Dossia reserves the right to decide, consistent with its contractual and legal obligations and in its discretion, to no longer offer you a PHMS. If Dossia decides to terminate your PHMS, Dossia will permanently destroy its copies of your health information according to its data destruction security procedures. Prior to destroying your information, Dossia will offer you the opportunity to retrieve or transfer your information.
  3. Death of a participant. If, in Dossia's reasonable belief, the authenticated representative of a participant's estate presents evidence of the participant's death and a legally binding request to close the PHMS and/or disclose the information in the PHMS to the representative, Dossia will honor that request.
  4. Closing a PHMS due to inactivity. Dossia reserves the right to close a PHMS account and destroy its copies of the health information therein if the account has been inactive for a commercially reasonable period of time. Such period of time will not be less than five years. Dossia will make commercially reasonable efforts to contact you before closing your PHMS due to inactivity.

F. Disclosure of Information in Your PHMS

  1. Disclosures by You. You may choose to disclose information in your PHMS to a family member, friend, caregiver, health care provider, researcher, marketer, a website outside of Dossia, or other person or entity. You should consider such a disclosure carefully before allowing it. Once you disclose or grant access to your PHMS information to any third party, these Terms of Agreement and Dossia's PHMS Privacy Statement will not apply to the third party's uses and disclosures of your information. The third party's own privacy policies and terms, if any, may apply to its uses and disclosures, so read them carefully.
  1. Disclosures by Dossia. Dossia may disclose information in or associated with a PHMS in the following settings. Please see Dossia's PHMS Privacy Statement for more details.
    1. Dossia may disclose your information to third party entities involved in Dossia operations, subject to access controls and contractual requirements, including Dossia's PHMS Privacy Statement.
    2. Dossia may disclose your information to Personal Health Applications offered through subcontractors to your health plan, health care provider, or Dossia.
    3. If you give your consent, Dossia may disclose your information to other Personal Health Applications offered by your health plan, health care provider, or Dossia.
    4. If your PHMS is provided by your health plan or provider, Dossia may disclose your information to your health plan or provider. However, Dossia will only disclose information that Dossia originally obtained from your health plan or provider.
    5. If your PHMS is provided by an employer health plan, Dossia may disclose the aggregate number of employees and beneficiaries using Dossia and some Personal Health Applications within Dossia's PHMS to the employer. Aggregate data will not identify you or any other Dossia participant.
    6. If you give your consent, Dossia may disclose your information for other purposes - for example, you may give your consent for Dossia to disclose certain information to your health plan or provider.
    7. Dossia may disclose your information when required by law, such as pursuant to a subpoena.
    8. Dossia may disclose your information to the proper authorities in extraordinary circumstances, if Dossia reasonably believes the disclosure is needed in response to an imminent physical threat to you or others, to defend or assert legal rights, or in response to an immediate health risk authenticated by medical personnel.

G. WARRANTY DISCLAIMER

THIS WEBSITE AND THE SERVICES ASSOCIATED WITH IT ARE PROVIDED ON AN "AS IS," BASIS. DOSSIA, ITS LICENSORS, SUPPLIERS, SUBCONTRACTORS, FOUNDERS, PROVIDERS OF PERSONAL HEALTH APPLICATIONS, AND PARTICIPATING HEALTH PLANS AND PROVIDERS, TO THE FULLEST EXTENT ALLOWED BY LAW, EXPRESSLY DISCLAIM ALL WARRANTIES, EXRPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DOSSIA AND ITS LICENSORS, SUBCONTRACTORS, AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE ACCESS TO OR USE OF THIS WEBSITE OR THE SERVICES PROVIDED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ALL DEFECTS AND ERRORS IN ANY OF THE FOREGOING WILL BE CORRECTED, OR THAT THE FOREGOING WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. DOSSIA DOES NOT PROVIDE ANY WARRANTIES REGARDING THE ACCURACY, RELIABILTY, COMPLETENESS OR CURRENTNESS OF THE CONTENTS OF ANY PERSONAL HEALTH MANAGEMENT SYSTEM, HEALTH INFORMATION, OR OTHER CONTENT CONTAINED ON THIS WEBSITE.

H. LIMITATION OF LIABILITY

IN ANY EVENT, EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, DOSSIA, ITS MEMBERS, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL BE LIABLE IN AGGREGATE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED $1,000.00. IN NO EVENT WILL DOSSIA, ITS MEMBERS, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF INFORMATION) OR ANY OTHER DAMAGES OF ANY KIND (INCLUDING ATTORNEYS' FEES AND LOST PROFITS) EVEN IF DOSSIA OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATIONS LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS (E.G., IF YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT.

I. Your Intellectual Property Rights

Dossia does not claim any ownership in any of the content, including any information, data, text, information, files, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your PHMS.

J. Dossia's Intellectual Property Rights

Except as otherwise expressly stated in these Terms of Agreement, all right, title and interest in this website and any content contained herein is the exclusive property of Dossia or its licensors, except as otherwise expressly stated. Unless otherwise expressly stated, this website is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in whole or in part information, software, products or services obtained from this website, except for the purposes expressly provided therein, without Dossia's and its licensors' prior written approval. If you download any information or software from this website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

Dossia, the Dossia logo and other Dossia trademarks and service marks referenced herein are trademarks and service marks of Dossia. Other trademarks and service marks used on the website are the property of third parties. You are prohibited from using any marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the express written consent of Dossia.

Except as expressly stated herein, no license is granted expressly, impliedly, by estoppel or otherwise under any patent or copyright or to use any trademark, service mark, trade secret or other intellectual property of Dossia or any other party.

K. Governing Law and Jurisdiction

All matters relating to your access to or use of the website shall be governed by the laws of the State of Delaware, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to your access or use of the website shall be in an appropriate state or federal court located in the State of Delaware and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your access to or use of this website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Agreement, and the remainder of these Terms of Agreement shall continue in full force and effect.

L. Entire Agreement

These Terms of Agreement constitute the entire agreement between Dossia and you with respect to this website and associated services, and supersede all prior or contemporaneous communications, agreements and understandings with respect to the subject matter hereof. A printed version of these Terms of Agreement shall be admissible in judicial or administrative proceedings.

M. Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, please notify Dossia's Copyright Agent identified below. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, your notice must include the following information to be effective:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

    4. Information reasonably sufficient to permit Dossia to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Dossia's Copyright Agent:
Attn: Dossia Service Corporation
210 Broadway, 3rd Floor
Cambridge, MA 02139