This Site is provided without charge as a convenience to users to be used for the purposes of commerce, information, education, and communication. The information contained herein may contain inaccuracies or typographical errors. You acknowledge that the information on the Site is provided ‘as is’ for general information only. It is not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs, and no implications should be drawn regarding such information’s suitability or relevance for any medical condition. You hereby acknowledge that any reliance upon any information or materials on the Site shall be at your sole risk. You should always consult with a physician or other qualified healthcare provider if you have any health concerns before beginning any treatment or if you have any questions about any possible medical condition.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MUAmakes no warranties of any kind regarding the Site, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that the pages that comprise the Site, or the computer server which makes such pages available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
You acknowledge that any opinions and recommendations contained on the Site are not necessarily those of MUA, nor are they endorsed by MUA.
Without MUA’s prior written consent, which consent may be given or withheld in MUA’s sole discretion, you may not: (a) resell, sublicense, rent, lease or otherwise publicly distribute any of MUA information or content contained on the Site; (b) use your access to the Site or MUA’s information, services, database or system to export or re-export technical data in violation of U.S. export control laws and regulations; or (c) use the Site or any MUA information or content in violation of any federal or state law, including data privacy laws and communication regulations and tariffs. You may not copy or adapt the HTML or other code that MUA uses to generate its pages on the Site.
By accessing the Site, you agree to indemnify, defend, and hold harmless MUA and each of their respective shareholders, members, managers, directors, officers, employees, agents, licensors, attorneys, independent contractors, and providers (collectively referred to herein as “MUA Indemnified Parties”) from and against any and all claims, losses, expenses or demands of liability, including attorneys’ fees and costs incurred by any MUA Indemnified Party in connection with any claim (including any third-party intellectual property claim) arising out of or related to your access or use of, or inability to access or use, the Site or the information, materials and content contained on the Site or Third-Party Sites.
Limitation of Liability
In no event will MUA or any of the information contributors to the Site be liable to you or anyone else for any decision made or action taken by you in reliance on information contained on the Site or on any Third-Party Site OR for any consequential, special or similar damages, EVEN IF MUA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that you see or read on the Site is owned or licensed by MUA or third parties from whom such Proprietary Material is licensed. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without MUA’s prior express written consent.
The Site (excluding Third-Party Sites) is controlled by MUA which is headquartered in the Commonwealth of Massachusetts, in the United States of America. It may be accessed from all fifty states, as well as from other countries around the world. Because each of these places has laws that may differ from those of Massachusetts, by accessing the Site you agree that the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules, will apply to all matters arising from or relating to the use of the Site. Any controversy or claim shall be exclusively brought in the federal, state, or local courts of Lowell, Massachusetts; and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. MUA makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is hereby prohibited. Individuals or organizations choosing to access the Site from other locations do so of their own initiative and are responsible for compliance with local laws.
Last updated: June 29, 2012
MERRIMACK UROLOGY ASSOCIATES, P.C. ONLINE PORTAL
TERMS AND CONDITIONS OF USE
By using the Patient Portal you represent and warrant that you accept and agree to be bound by all of the terms and conditions contained herein and covenant to comply with these Terms and Conditions of Use.
MUA offers its website and Patient Portal to patients as a courtesy and MUA, in its sole discretion, may terminate your registration or access to the Patient Portal for any reason without any prior notice. Further, you agree that MUA shall not be liable to you or any third-party for any termination of your registration or access to the Patient Portal.
MUA reserves the right to modify and update these Terms and Conditions of Use at any time by posting amended Terms and Conditions of Use on merrimackurologyassociates.com and/or the Patient Portal. Any updates to these Terms and Conditions of Use will be posted on merrimackurologyassociates.com and/or the Patient Portal, from time to time. You acknowledge your responsibility to review these Terms and Conditions of Use from time to time and to be aware of any such changes. Your use of the Patient Portal or merrimackurologyassociates.com after such posting constitutes acceptance by you of the revised Terms and Conditions of Use.
Patient Portal Registration
You may not request or open a Patient Portal account for any person other than yourself. By accepting these Terms and Conditions of Use, you represent and warrant that you are authorized to open this Patient Portal account and that you do so solely on your own behalf (you may not allow any other person or entity to use your account for posting or viewing comments). You must provide us with your e-mail address in order to activate your Patient Portal account. You are responsible for updating your e-mail address and any and all personal information, including without limitation, relevant health information, related to your Patient Portal account in a timely and accurate manner.
DO NOT SHARE YOUR REGISTRATION OR SIGN-IN INFORMATION WITH ANYONE.
DO NOT SEND URGENT OR EMERGENCY MESSAGES USING PATIENT PORTAL. IN CASE OF AN EMERGENCY YOU SHOULD CALL 911. IF THE SITUATION IS NOT AN EMERGENCY BUT YOU NEED A PROMPT RESPONSE PLEASE CALL MUA DIRECTLY AT 978-256-9507 or 978-458-1409.
Cancellation of Patient Portal Registration
Either you or Patient Portal may discontinue your use of the Patient Portal at any time and for any reason. If you wish to discontinue your use of the Patient Portal, please contact your MUA provider directly.
The Patient Portal requires that you have access to an internet browser with sufficient encryption standards that is configured to accept cookies. You must have internet access, a valid e-mail account with the ability to receive and read e-mail messages. You may also require additional software to access certain services or information.
Use of Protected Health information
Any communication between you and MUA via the Patient Portal occurs via a secure, encrypted connection and is deposited into your MUA electronic medical record. You may receive e-mail notifications of new Patient Portal communications; these e-mails will not contain any person health information. You are responsible for timely reviewing such messages and you agree that MUA shall not be liable for any loss, injury, illness, damages, or claims of any kind resulting from your failure to timely read any Patient Portal generated messages.
Posting of information to your Patient Portal account is done at the sole discretion of MUA, including the posting of any messages sent or received via Patient Portal to your electronic medical record. You agree not to upload or transmit any communications or content of any kind that infringes or violates any rights of any party. You agree not to post materials that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person entity, as determined in MUA’s sole discretion.
You may not: (a) resell, sublicense, rent, lease or otherwise publicly distribute any MUA information or content contained on our website or the Patient Portal, without MUA’s prior written consent, which consent may be given or withheld in MUA’s sole discretion; (b) use your access to Patient Portal or MUA’s information, services, database or system to export or re-export technical data in violation of U.S. export control laws and regulations; or (c) use Patient Portal or any MUA information or content in violation of any federal or state law, including data privacy laws and communication regulations and tariffs. You may not copy or adapt the HTML or other code that MUA or Patient Portal uses to generate its pages.
You are prohibited from violating or attempting to violate the security of merrimackurologyassociates.com or Patient Portal and from using either to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the web site, host or network, including, without limitation, via means of submitting a virus to the web site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any MUA or Patient Portal packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. MUA may investigate violations of these Terms and Conditions of Use and may involve and cooperate with law enforcement authorities in prosecuting users of the web site who are involved in such violations.
You are responsible for taking steps to protect yourself from unauthorized use of online communications, including without limitation, keeping your password confidential. MUA is not responsible for breaches of confidentiality or security caused by you or an independent third party. You expressly assume 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 your use of the Patient Portal or any service related thereto.
You may not use Patient Portal to post or send any illicit or offensive materials, and hereby assume any and all risk associated therewith.
YOU UNDERSTAND THAT THE PATIENT PORTAL WILL ALLOW YOU ACCESS TO CLINICAL AND OTHER PROTECTED HEALTH INFORMATION PERTAINING TO YOU. YOU ARE SOLELY RESPONSIBLE FOR ANY SHARING OF ANY SUCH CONTENT, WHETHER YOU COMMUNICATE SUCH INFORMATION TO OTHERS INTENTIONALLY OR UNINTENTIONALLY.
You may sometimes be linked to third party websites. MUA is not responsible for the information or materials contained on any third party web sites, or on web sites that provide links to merrimackurologyassociates.com or Patient Portal. Links from either are provided for convenience only and are not intended as an endorsement by MUA of any 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. MUA 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.
MEDICAL INFORMATION DISCLAIMER
YOU ACKNOWLEDGE THAT THE INFORMATION IN merrimackurologyassociates.com and Patient Portal IS PROVIDED “AS IS” FOR GENERAL INFORMATION ONLY AND IT IS NOT INTENDED, OR TO BE CONSTRUED, AS MEDICAL ADVICE, DIAGNOSIS AND TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITHYOUR INDIVIDUAL MEDICAL NEEDS.
DISCLAIMER OF WARRANTY
MUA PROVIDES ALL INFORMATION ON merrimackurologyassociates.com and Patient Portal “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, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PROGRAMS, PRODUCTS, OR SERVICES, OR OTHER MATERIAL PROVIDED, OR OF RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MUA MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
You acknowledge that you understand and assume full responsibility for the risks associated the use of the Patient Portal and your use of the Patient Portal services is at your sole risk. MUA is not liable to you, or any third party, for any decision made or action taken by your or anyone third party based on information contained on the site or provided through related services; or, due to reliance upon information contained on the site or provided through the services.
LIMITATION OF LIABILITY
IN NO EVENT WILL MUA OR ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, SPONSORS AND AGENTS 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, (II) CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS merrimackurologyassociates.com or Patient Portal, (III) USE OR DISCLOSURE OF YOUR PERSONAL OR MEDICAL INFORMATION OR (v) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, POSSIBLE HEALTH SIDE EFFECTS, LOSS OF REVENUES, PROFITS OR SAVINGS, EVEN IF THE MUA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, DEMANDS OR ACTIONS.
MUA will not be liable to you or anyone else for any loss resulting from a cause over which MUA does not have direct control, including without limitation, failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government.
As a condition of your use of the Patient Portal and merrimackurologyassociates.com, you agree to indemnify and hold MUA, its officers, directors, shareholders, employees, agents, successors and assigns, harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Patient Portal, merrimackurologyassociates.com, or from the violation of these Terms.
THESE TERMS AND CONDITIONS OF USE, AND YOUR USE AND ACCESS TO merrimackurologyassociates.com and the Patient Portal IS GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. JURISDICTION AND VENUE FOR ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT SHALL BE IN APPLICABLE COUNTY OF THE COMMONWEALTH OF MASSACHUSETTS.
You agree that these Terms and Conditions of Use, and any additional terms referenced herein, sets forth the entire understanding between you and MUA with respect to your use of the Patient Portal. You further agree that if any portion herein is held invalid, the balance shall continue in full force and effect. The foregoing release, indemnity, and limitation of liability shall be as broad and inclusive as is permitted by applicable law. These Terms and Conditions of Use inure to the benefit of MUA, its successors and assigns.
Please contact MUA at 978-256-9507, or 31 Village Square, Chelmsford, MA 01824, if you have any questions, comments, or concerns regarding these Terms and Conditions of Use.
At Merrimack Urology Associates PC (“MUA”), we are dedicated to safeguarding and preserving your privacy when visiting our Site or communicating with us electronically.
We do update this Policy from time to time so please review this Policy regularly. Your continued use of the Site will be deemed your agreement that your information may be used in accordance with the new Policy. If you do not agree with the changes, then you should stop using the Site and you should notify us that you do not want your information used in accordance with the changes.
Website Privacy Notice
In order to deliver personalized and relevant information to you through the Site, we collect certain information from users of the Site.
Information We Collect
In operating our website we may collect and process the following data about you:
Details of your visits to our website and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data, including your IP address, the date and time you accessed or left the Site, and which pages you viewed.
Information that you provide by filling in forms on our website, or registering to use the online portal, including health information protected by state and federal law, such as when you registered, including your name, e-mail address and health information.
Information provided to us when you communicate with us for any reason.
On occasion, we may gather information about your computer for our services and to provide statistical information regarding the use of our website to our vendors. “Cookies” allow us to recognize you if you visit multiple pages in the Site during the same session.
Such information may identify you personally -- it is statistical data or identifiable data about our visitors and their use of our Site. This statistical data does not identify any personal details whatsoever. The identifiable data may identify you personally from the information you have provided us.
Similar to the above, we may gather information about your general internet use by using a cookie file. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer as cookies contain information that is transferred to your computer's hard drive. They help us to improve our website and the service that we provide to you.
All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to deactivate the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our website.
Use of Your Information
The information that we collect and store relating to you is primarily used to enable us to provide our services to you. In addition, we may use the information for the following purposes:
To provide you with information requested from us, relating to our programs or services or other programs which we feel may be of interest to you, where you have consented to receive such information.
To notify you about any changes to our website, such as improvements or service/program changes, that may affect our service.
To communicate with physicians, pharmacies, insurers, and other third parties to provide services to you.
To provide third parties with statistical information about the users of our website.
To monitor and analyze Site traffic and usage patterns.
For presentations or research (de-identified).
To analyze trends.
We will only contact you or allow third parties to contact you when you have provided consent and only by those means for which you provided consent.
If you do not want us to use your data for our use or third parties’ use, you will have the opportunity to withhold your consent when you provide your details to us on the form on which we collect your data.
We will only use or disclose your health information with your consent or as allowed by law. For more information about your individual rights relating to the use and disclosure of health information, please review MUA’s Notice of Privacy Practices here.
Data that is provided to us is stored on our secure servers and we use commercially reasonable methods to keep information about you from unauthorized access. Details relating to any transactions entered into our Site will be encrypted to ensure its safety.
Nonetheless, the transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically, and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our Site, you are responsible for keeping this password confidential.
Disclosing Your Information
Where applicable, we may disclose your personal information to our employees, as well as third parties involved in the administration and operation of MUA’s services.
We may also disclose your personal information to third parties:
Where we sell any or all of our business and/or our assets to a third party.
Where we are legally required to disclose your information.
Where we believe it will assist you with additional products or services.
When we are contractually obligated to disclose it.
When it relates to treatment, payment and operations.
Third Party Links
You may find links to third-party websites on our website. These websites should have their own privacy policies which you should read. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
Merrimack Urology Associates P.C.
31 Village Square
Chelmsford, MA. 01824