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Attention: Secure E-mail shall not be used for emergency, urgent or time-sensitive communications. All e-mail is discoverable in a court of law, and sensitive information, while encrypted during transmission, is not protected from subpoena.
Information that is either prepared for or related to Southwest's peer review and quality improvement functions shall not be included in any e-mail. Such information is protected under RCW 7041.200 and RCW 4.24.250.
- ACCEPTANCE OF TERMS
PeaceHealth Southwest Medical Center (PeaceHealth Southwest) welcomes you to our Secure E-mail service (Service). PeaceHealth Southwest provides this service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time on this web page.
- DESCRIPTION OF SERVICE
PeaceHealth Southwest provides our patients and partners with access to a secure e-mail delivery service designed to enhance timely and private communication. You also understand and agree that the Service does not provide patient or partner customer support. You also understand and agree that the availability of this Service is conditional and not guaranteed. All notices about changes to and availability of this Service shall be posted to this web page. site. You understand and agree that the Service is provided "AS-IS" and that PeaceHealth Southwest assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications. You are responsible for obtaining access to the Service, and that access is maintained through your selection of an appropriate password that you must remember and keep confidential. You will retain sole possession of your password, which you may change at any time. You are responsible for all access to your personal e-mail account and thereby access to all PeaceHealth Southwest Medical Center Secure E-mail messages delivered to your personal account.
Please be aware that PeaceHealth Southwest will not share your personal e-mail account information with anyone, for any reason, at any time.
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about your personal e-mail address to your health care provider or contact within PeaceHealth Southwest. We cannot send secure e-mails to you if we do not have your current and correct e-mail address. PeaceHealth Southwest has the right to suspend or terminate your access to the Service and refuse any and all current or future use of the Service. PeaceHealth Southwest is concerned about the safety and privacy of all its patients and partners. This Service offering supports this mission.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will generate your own password upon receiving a Secure E-mail notification from PeaceHealth Southwest's Secure E-mail service. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password and personal e-mail account. You agree to (a) immediately notify PeaceHealth Southwest of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PeaceHealth Southwest cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
- MEMBER CONDUCT
You understand that all information, data, text, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not PeaceHealth Southwest, are entirely responsible for all Content that you email, transmit or otherwise send via the Service. Likewise, PeaceHealth Southwest shall be responsible for the Content we send to you via the Service to your personal e-mail account. PeaceHealth Southwest does not control all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Southwest be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content emailed, transmitted or otherwise made available via the Service.
> You agree to not use the Service to:
|| E-mail or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
||harm minors in any way;
|| impersonate any person or entity, or falsely state or otherwise misrepresent your identity;
||forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
||e-mail or transmit any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
||e-mail or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
||e-mail or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
|| e-mail or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
||interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
||intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
|| provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
||"stalk" or otherwise harass another.
You acknowledge that PeaceHealth Southwest may or may not pre-screen Content, but that PeaceHealth Southwest and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is transmitted via the Service. Without limiting the foregoing, PeaceHealth Southwest and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PeaceHealth Southwest or submitted to PeaceHealth Southwest, and shall validate all communications with your health care provider or Southwest contact.
You acknowledge, consent and agree that PeaceHealth Southwest may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to legally authorized audits of this Service; or (e) protect the rights, property or personal safety of Southwest, its patients, partners and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by PeaceHealth Southwest and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
- INTERSTATE NATURE OF COMMUNICATIONS VIA PEACEHEALTH SOUTHWEST'S SECURE E-MAIL SERVICE
When you register your personal e-mail account with PeaceHealth Southwest, you acknowledge that in using PeaceHealth Southwest services to send electronic communications, you will be causing communications to be sent through PeaceHealth Southwest's computer networks. As a result, and also as a result of PeaceHealth Southwest's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
> Your agreement to this TOS constitutes your consent to allow PeaceHealth Southwest to store these communications on its servers for a period of no more than seven days from last accessed communication. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Acknowledging the global nature of the Internet and the use of e-mail, you agree to comply with all local rules regarding online conduct and acceptable Content.
- CONTENT SUBMITTED VIA THE SERVICE
PeaceHealth Southwest does not claim ownership of Content you submit via the Service. Patient information ownership is retained by each patient. Protected Health Information that originates with PeaceHealth Southwest, in communications with its partners, shall remain PeaceHealth Southwest's -as guardian and custodian - on behalf of its patients. All PeaceHealth Southwest partners shall have previously signed a HIPAA compliant Business Associate Agreement (BAA), obligating partners and their workforce members to compliance with all privacy and confidentiality terms and conditions, rules, regulations and applicable laws.
You agree to indemnify and hold PeaceHealth Southwest and its subsidiaries, affiliates, officers, agents, employees, health care providers and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content submitted, or transmitted via the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that PeaceHealth Southwest may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages and Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on PeaceHealth Southwest's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that PeaceHealth Southwest has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that PeaceHealth Southwest reserves the right to modify these general practices and limits from time to time.
- MODIFICATIONS TO SERVICE
PeaceHealth Southwest reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PeaceHealth Southwest shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that PeaceHealth Southwest may, under certain circumstances and without prior notice, immediately terminate your access to PeaceHealth Southwest's Secure E-mail service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent, abusive or illegal activities in connection with the Service. Further, you agree that all terminations for cause shall be made in PeaceHealth Southwest's sole discretion and that PeaceHealth Southwest shall not be liable to you or any third party for any termination of your access to the Service.
- PEACEHEALTH SOUTHWEST'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by PeaceHealth Southwest for use in accessing the Service.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
||YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEACEHEALTH SOUTHWEST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
||PEACEHEALTH SOUTHWEST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND PARTNERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, COMPLETELY SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
||ANY INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
||NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOUTHWEST OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
||A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PEACEHEALTH SOUTHWEST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PEACEHEALTH SOUTHWEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY INFORMATION, RECOMMENDATIONS OR SERVICES OBTAINED OR MESSAGES RECEIVED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
- NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
PeaceHealth Southwest may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, notices and disclaimers on Secure E-mail screens, and on PeaceHealth Southwest's main secure email web page: http://www.swmedicalcenter.org/securemail
- TRADEMARK INFORMATION
The PEACEHEALTH SOUTHWEST, PeaceHealth Southwest logo, trademarks and service marks and other PeaceHealth Southwest logos and service names are trademarks of PeaceHealth Southwest Medical Center (the "PeaceHealth Southwest Marks"). Without PeaceHealth Southwest's prior permission, you agree not to display or use in any manner the PeaceHealth Southwest Marks.
- GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and PeaceHealth Southwest and governs your use of the Service, superseding any prior agreements between you and PeaceHealth Southwest with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use certain other PeaceHealth Southwest services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and PeaceHealth Southwest shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Southwest agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Clark, Washington.
Waiver and Severability of Terms. The failure of PeaceHealth Southwest to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your access to PeaceHealth Southwest's Secure E-mail service is non-transferable.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to PeaceHealth Southwest's IT Security Office, firstname.lastname@example.org or call 360.514.2195.