PLEASE READ THESE TERMS CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF OUR SERVICES. THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
The Key Health Portal is an internet-based portal that allows the following: Users to send and retrieve account information to and from Key Health, and some Users may have the authority under applicable law to access sensitive health information.
You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete. You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access any password protected portion of the Key Health Portal using your name, username, or password. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security. You will not sell, transfer, or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates this Agreement, or any applicable law, then we may suspend or terminate your account.
The Key Health Portal includes information created by us, medical providers or attorneys. Such information may contain typographical errors, inaccuracies or omissions. In addition, although the Key Health Portal displays certain information, it does not necessarily include or display all of a patient’s medical or legal information. If you think that the information displayed in the Key Health Portal is inaccurate or incomplete, please contact Key Health for more information. If you would like to request records pertaining to an account, please contact Key Health at: firstname.lastname@example.org or call us at (877) 633-5436, Option 5. If you require medical records from a medical provider, please contact the medical provider.
You may terminate access to the Key Health Portal by contacting email@example.com or call us at (877) 633-5436, Option 5 for more information. In the event that there are any changes to the Credentials and/or account information provided by you to Key Health (i.e., change in affiliation, representation, etc…) in order to attain access to the Key Health Portal, you acknowledge and agree that you will immediately inform Key Health of this change and cease access to the Key Health Portal until you notify Key Health of the change to your Credentials and/or account information. If you fail to inform Key Health of a change to your Credentials and/or your account information you agree and acknowledge that this is a substantive breach of this Agreement, grounds for immediate termination of your account and if applicable, legal prosecution pursuant to applicable laws and regulations.
Key Health reserves the right to terminate this Agreement and Users access to the Key Health Portal at any time and without cause.
Regulations Concerning Information Included in the Key Health Portal
We do not control the use or disclosure of health information by attorneys or medical providers. A medical provider should provide patients with a notice of privacy practices that describes how they use and disclose health information about patients. A medical provider’s ability to use and disclose health information for these and similar purposes is restricted by applicable laws and regulations, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), and the regulations adopted thereunder. Attorneys may also be subject to laws and regulations that restrict their disclosure of health information. For further information on such restrictions, please contact your attorney directly. If you wish to restrict any uses or disclosures of records made by us, an attorney or medical provider, please contact the party whose use or disclosure you wish to limit, and Key Health directly. If you want Key Health to limit the uses or disclosure of information, please contact Key Health directly.
We, like attorneys or medical providers, may also be subject to laws and regulations, including HIPAA, which govern the use and disclosure of certain personal and health information. We sometimes perform certain services or activities on behalf of medical providers that require us to receive, use, disclose, transmit and/or maintain certain individually identifiable health information that is protected by HIPAA. When we do so, we are functioning as a “business associate” (as defined by HIPAA) of those medical providers and will protect the privacy and security of that information as required by HIPAA.
We may also receive, access, use, disclosure, transmit and maintain individually identifiable health information when we are not functioning as a business associate. For instance, you may sign an authorization permitting your medical provider and/or us to use and disclosure health information for purposes described in the authorization. In such instances, we are not functioning as a business associate and our use and disclosure of your health information is not protected by HIPAA.
On occasion, Key Health will communicate marketing information, operational updates and other information to Users via facsimile, text message and electronic mail. Users agree that such transmissions are important means of communication between Key Health and Users and shall not be considered junk faxes or unsolicited advertisements as defined by the Telephone Consumer Protection Act of 1991 or other applicable state or federal regulation.
Incorporation by Reference
Without limiting the generality of the foregoing, this Agreement incorporates our Terms of Service with all references to the phrase “our Services” (as such term is defined therein) referring to and including the phrase “Key Health Portal” (as such term is defined in this Agreement):
READ THIS PROVISION CAREFULLY AS IT AFFECTS YOUR RIGHT TO A JURY TRIAL.
User agrees to the following:
Any and all disputes, claims or controversies arising out of or in connection with this Agreement or your use of the Key Health Portal or in any way connected to no matter how described, pleaded or styled, including claims arising in tort and/or contract, shall be decided exclusively and finally by binding arbitration. All parties hereby WAIVE THEIR RIGHT TO A JURY TRIAL by agreeing to binding arbitration. The arbitration hearing shall be conducted at a location within twenty (20) miles of the Users address. The arbitration shall be conducted before the American Arbitration Association (the “AAA”), pursuant to the AAA Commercial Arbitration Rules, available at www.adr.org or upon request.
The arbitration shall be conducted by one neutral arbitrator appointed by the AAA. The arbitrator shall have actual experience in and knowledge of the subject matter of this Agreement to the greatest extent practicable, unless both parties agree otherwise. The arbitrator shall have the authority to award any monetary and nonmonetary relief available to either party in an action otherwise prosecuted in court, including injunctive and other provisional relief. Judgment on the arbitration award may be entered by any court of competent jurisdiction. The cost of initiating the arbitration and the arbitrator’s compensation (but excluding fees and costs of Patient’s counsel, if any) shall be paid by Key Health.
This arbitration shall be solely between the parties to this Agreement, and no class arbitration or other representative action may be undertaken by the arbitrator, and the arbitrator shall have no power to consolidate or join claims of other parties or persons who may be similarly situated.
The Federal Arbitration Act (“FAA”) and related federal law shall govern the interpretation and enforcement of this Paragraph to the fullest extent possible, to the exclusion of all otherwise potentially applicable state law, regardless of the location of the arbitration proceedings or the nature of the disputes or controversies between the parties to this Agreement. The arbitrator shall apply California law consistent with the FAA and related federal law, including applicable statutes of limitations and shall honor claims of privilege recognized at law.
With the exception of subpart (3) above, if any part of this arbitration agreement is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Patient may elect to opt out of this arbitration provision by sending written notice to Key Health at 30699 Russell Ranch Rd. Suite 175 Los Angeles, CA 91362 Attn: Legal Department/ Arbitration before 5:00 p.m. Eastern Time on the tenth (10th) calendar day after this Agreement is executed, or such notice shall be of no force and effect. The foregoing time limit shall be strictly construed. Opting out of this arbitration provision shall not terminate the Agreement or otherwise affect in any way any of the other rights and obligations of the parties hereto under the terms of the Agreement.
Any part of this agreement to arbitrate that shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision of this agreement to arbitrate, and such other provisions shall remain in full force and effect.
Amendments to the Key Health User Portal Agreement
This Agreement in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR KEY HEALTH PORTAL EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE KEY HEALTH PORTAL MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. Key Health reserves the right to modify these Terms at any time and from time to time, and without prior notice, by posting amended Terms on the Key Health Portal or notify you via email. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE KEY HEALTH PORTAL YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE KEY HEALTH PORTAL (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE KEY HEALTH PORTAL AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of service each time you use the Key Health Portal (at least prior to each transaction or submission). However, the Agreement that applied when you previously used the Key Health Portal will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the email you associated with your account for notices, and you agree that the means set forth in this Agreement are all reasonable manners of providing you with notice. The most current version of the Agreement shall govern and supersede all previous versions.