{"service":{"name":"FollowMyHealth","url":"https://www.followmyhealth.com/UseDocuments/TermsOfUse","lang":"ENG","sector":"Health","hq":"US","hq_category":"US","is_public":"Private","is_paid":"Optionally paid","date":"13.11.2019"},"document":{"title":"","text":"FollowMyHealth Universal Health Record\nTerms of Use\nWelcome to the FollowMyHealth Universal Health Record. All users of this web site,\nas well as\nthe FollowMyHealth Universal Health Record and all related products and\n services\n(collectively, the \"Service\"), are subject to the following terms and\n conditions of use (these\n\"Terms of Use\"). Please read these Terms of Use carefully\nbefore accessing or using any part\nof the Service. By accessing or using the Service,\nyou agree that you have read, understand,\nand agree to be bound by these Terms of Use,\nas amended from time to time, and agree to be\nbound by FollowMyHealth Privacy Policy\n which is hereby incorporated into these Terms of\nUse. If you do not wish to agree to\nthese Terms of Use and/or the FollowMyHealth Privacy\nPolicy, do not access or use any\npart of the Service.\nDefinitions\n1. Aggregate Data. Aggregate Data is PHR Data that is: (1) grouped so it does not identify,\nrelate to, describe, be capable of being associated with, connected, or be linked, directly\nor indirectly to you as an individual and (2) has names and other identifiers removed or\naltered. In other words, Aggregate Data cannot be used to identify you as an individual.\n2. Authorized Individuals. An Authorized Individual is someone you authorize to access your\nFollowMyHealth Universal Health Record on your behalf.\n3. Authorized Individual-Representative. An Authorized Individual-Representative is an\nindividual\nwho has authority to create and manage a FollowMyHealth account on behalf\nof a Dependent and may\ninclude a parent, guardian, or other legal representative.\n4. De-Identified Data. De-identified data is PHR Data in which personal identifiers are\nremoved\nand do not allow someone to determine a person’s identity.\n5. Dependent. A Dependent is a minor child or other individual over whom an Authorized\nIndividual\nhas legal authority.\n6. PHR. \"PHR\" means Personal Health Record. A PHR is an electronic health data\napplication that\ncan help you collect, manage, and share your health information. The\nFollowMyHealth Universal\nHealth Record is a PHR.\n7. PHR Data. PHR Data means any information in the FollowMyHealth Universal Health\nRecord. PHR Data\nincludes, but is not limited to the following:\n•\nYour name and contact information, such as your address, phone number, or email\naddress\n•\nYour medical history, conditions, treatments, and medications\n•\nYour healthcare claims, health plan account numbers, bills, and insurance\ninformation\n\nYour Agreement with Allscripts\nThe Service is provided by Allscripts Healthcare, LLC, located at 222 Merchandise\nMart Plaza,\nSuite 2024, Chicago, Illinois 60654 (\"Allscripts\"). All references to\n Allscripts include its\nsubsidiaries or affiliates involved in providing the Service.\nYour use of the Service is subject to\nthese Terms of Use, the FollowMyHealth Privacy Policy,\n and such other terms as you may\nagree to from time to time.\nAllscripts may change these Terms of Use at any time by posting the amended\nTerms of Use to\nthe FollowMyHealth web site and providing a notice on the website\nthat the Terms of Use has\nchanged. If you do not agree to the Terms of Use as\namended, you may stop using the Service\nand cancel your account. Your continued\nuse of the Service after the date the amended Terms\nof Use is posted will constitute\nyour acceptance of the amended Terms of Use.\nYour Account\nYou must provide accurate and complete registration information when you register\nto use the\nService. You are responsible for the security of your passwords and\n for any use of your\naccount.\nAllscripts reserves the right to restrict who is eligible for an account.\nAllscripts reserves the\nright in its sole discretion to determine who may\nqualify for an account and reserves the right\nto reject or revoke any account\nat any time without liability. Allscripts may enable you to create\nPHR Data includes Personal Information, De-Identified Data, and Aggregate Data\n•\nDemographic information, such as your age, gender, ethnicity, and occupation\n•\nComputer information, such as your IP address and \"cookie\" preferences\n8. Personal Information. Personal Information means information about you that reasonably\ncan be linked to you, such as your name, health information, demographic information,\nand/or other identifiers as may be defined understand and federal law. Personal\nInformation\nmay also include but is not limited to your financial information or social\nsecurity number.\n9. Provider. A healthcare provider, healthcare practice, or hospital that you authorize\nto\nprovide information to your FollowMyHealth personal health record. When you sign\nup\nfor the FollowMyHealth Universal Health Record, you may provide authorization for\na\nhealthcare practice or hospital, and associated authorized users, to send Personal\nInformation to your PHR.\n10. Service. The Service includes the FollowMyHealth Universal Health Record and all related\nproducts and services.\n11. Service Provider. A Service Provider is an entity that is hired to perform certain\nfunctions\nfor Allscripts to support the development, maintenance, and implementation\nof\nFollowMyHealth. Service Providers may include software or website designers and\ndata\nstorage providers.\n\naccounts\nfor minors or other members of your family over whom you have legal authority.\nYou\nmay only do so if you are the Authorized Individual/Authorized\nIndividual-Representative, and\nby doing so, you certify that you have such\nauthority. Allscripts may enable you to give access\nto your account to\nAuthorized Individuals. When you give access to an Authorized Individual,\nyou\ngrant permission to such Authorized Individual to access the information\ncontained within,\nand/or perform certain transactions through, your account.\n You also may permit your\nauthorized health care providers to communicate\nwith such Authorized Individuals about your\nhealth status.\nYour Use of the Service\nAllscripts currently provides you with general use of and access to the\nService free of charge.\nHowever, Allscripts may charge fees for your use\nof certain features and functionality of the\nService (e.g., transaction fees\nfor content or specific services, such as web consultations or\nfaxing).\n Additionally, if your authorized health care providers (each a \"Provider\"\n and\ncollectively, the \"Providers\") utilize the billing services offered by\n the Service, such billing\nservices may serve as a method of payment between\nyou and your Providers.\nGenerally, at any time in its sole discretion, Allscripts may charge fees\nfor access to all or any\npart of the Service. In no event will you be charged\nfor access to the Service unless Allscripts\nobtains your prior agreement to\n pay for such access. All new fees, if any, will be posted in\nappropriate\nlocations on the Service. Allscripts reserves the right to change its fees,\n if any,\nfrom time to time in its discretion.\nText Messaging\nThe Service may include text message communications. Such text message communications\nmay be sent to you for purposes including, not limited to the following categories:\nCollection of Your Information\nPHR Data may be entered into the Service directly by you personally or via\ndata transfer from a\nthird-party repository, such as your Provider's electronic\nhealth records or other third-party\nsources, as further described below. With\nrespect to your PHR Data collected from third-party\nsources, Allscripts shall\n not collect such information without your specific, written\nauthorization to do so.\n When you provide such authorization, you may also be asked to\ndesignate how often\nupdated information may be transmitted from the applicable third-party\nsource to\nthe Service. Please note, if any PHR Data is released by an authorized third party\nsource to the Service and later invalidated by the third-party source, Allscripts\n reserves the\nright at the request of the third party source, to remove that PHR\n Data from your\nFollowMyHealth Universal Health Record.fifi\n-\nhealthcare related communications;\n-\nadvertising, marketing or promotional communications;\n-\nprescription or appointment reminders, and\n-\naccount management functions.\n\nNotifications of Account Modification\nModifications to your FollowMyHealth record are not automatically communicated\n to your\nProviders or any third-party sources. If you want your Provider or a\nthird party to know of\nchanges within your FollowMyHealth record, you must inform\nthe Provider or third-party of\nsuch changes.\nNot an Emergency Service\nCommunications with Providers through FollowMyHealth are not in \"real-time\",\n and should\nnot be used for urgent or emergency situations. The Service does\n not provide any medical\nservices. The Service does not provide emergency or\nurgent medical services. PLEASE CALL\n911 OR YOUR HEALTH CARE PROVIDER IF YOU\nBELIEVE THAT YOU ARE EXPERIENCING\nA MEDICAL EMERGENCY OR IF YOU NEED URGENT CARE.\nUse of Your Information\nWhen you provide Personal Information through the Service, you provide Allscripts\nauthorization to use and distribute it in connection with the Service.\nAllscripts is committed to protecting your personal information and employs\n a variety of\nsecurity technologies and procedures to help protect your\n information from unauthorized\naccess, use, and disclosure. This includes,\nbut is not limited to, the use of firewalls, complex\npasswords, dual-factor\n authentication, various audit trails, data loss prevention, regular\npenetration\n testing, and risk assessments. Moreover, Allscripts stores your personal\ninformation on secure servers, uses robust encryption technology, and requires\ncomprehensive\nsecurity training for our workforce.\nAllscripts may use De-identified Data that is taken from the Personal Information\nyou provide\nand combine it with other anonymous data to create what is referred\nto as \"Aggregate Data\"\nthat may be disclosed to third parties. Aggregate Data is\ninformation that describes the habits,\nusage patterns and/or demographics of\nusers as a group but does not reveal the identity of\nparticular users. Aggregate\nData will be used to determine such things as user demographics\nand usage patterns\n for our services. Allscripts may use Aggregate Data within Allscripts to\nunderstand\nthe needs of the FollowMyHealth community of users and determine what kinds of\nprograms and services we can offer to you.\nAllscripts may use your PHR Data to operate and manage the FollowMyHealth Universal\nHealth Record platform, the Service, software, and website; maintain and protect its\ncomputer\nsystems including to protect or mitigate a fraud or security risk; and comply with the law, such\nas responding to subpoenas and search warrants.\nProvider Access\nAs part of the Service, you may authorize your participating Providers to\n provide Personal\nInformation about you from the Providers' electronic health\nrecords to the Service. You may\nuse the Service to share certain Personal\nInformation with such Providers. You may use the\nService to communicate with\n such Providers. You understand that any decision to use the\n\nService in such\nways is entirely voluntary. You understand that if you authorize a Provider\nto\naccess your Personal Information in the Service and communicate with you\nvia the Service that\nProvider may permit its/his/her staff and other authorized\nusers within its/his/her facility or\noffice to use the Service to access your\nPersonal Information and communicate with you as\nwell.\nAllscripts relies on the Providers authorized by you to confirm that they meet\nthe criteria for\nparticipating in the Service. You acknowledge and agree that\nAllscripts is not responsible for\nany such entity misidentifying itself or any\nmisuse of the data by such health care providers or\ntheir authorized personnel.\n Allscripts' sole liability and sole responsibility shall be to\ndiscontinue\n access to any entity or individual which Allscripts learns misidentified\nitself/himself/herself or is otherwise misusing PHR Data.\nYou may revoke any Provider's, other third-party's, or Authorized Individual's\npermission to (a)\ncommunicate with you through the Service; (b) request\n information from you or your\nFollowMyHealth Universal Health Record through the\n Service; or (c) provide Personal\nInformation to your FollowMyHealth Universal\n Health Record by utilizing the connection\nmanagement features of the Service.\n However, copies of all of your Personal Information\npreviously disclosed to such\nProviders, third parties, or Authorized Individuals and incorporated\ninto such\n Providers', third-parties', or Authorized Individuals' records, if any, may\n remain in\nsuch records. Allscripts cannot, and has no obligation to, remove such\ninformation from the\nProvider's, third-parties, or Authorized Individuals' records.\nAllscripts is relying on you to review and assess the qualifications of your\n Providers and to\nmake appropriate decisions with respect to Authorized Individuals.\nAllscripts does not examine\nthe credentials of, perform background checks on, or\ngive its endorsement to any Provider or\nAuthorized Individual.\nAuthorized Individuals\nYou may grant access to your FollowMyHealth account to one or more Authorized\nIndividuals\nor Authorized Individual-Representatives. You may grant an\n Authorized Individual access to\nyour FollowMyHealth account by specifically\nauthorizing FollowMyHealth to permit access by\nsuch Authorized Individual to\n your FollowMyHealth account. When you grant access to an\nAuthorized Individual,\nyou may permit the Authorized Individual to: (a) have the same level of\naccess\n to your FollowMyHealth account as you have, i.e., the Authorized Individual\n will be\nauthorized to access your FollowMyHealth health record and to\n communicate with your\nProviders and/or engage in other transactions with your\nProviders to the same extent that you\nare able using FollowMyHealth; or (b)\n have \"read-only\" access to your FollowMyHealth\naccount, i.e., the Authorized\n Individual will be authorized to access your FollowMyHealth\nhealth record ONLY,\n and will NOT be able to communicate with or otherwise engage in\ntransactions\n with your Providers. Whether or not you grant an Authorized Individual full-\naccess\nor read-only access to your FollowMyHealth account is your decision. You\nacknowledge\nand agree that: (a) you are solely responsible for verifying the\nidentity of, and monitoring the\nuse by, any Authorized Individual you select;\nand (b) Allscripts has no responsibility or liability\nin connection with any\naccess to, or use of, your account and information by any Authorized\nIndividual.\n\nAuthorized Individual-Representative\nAn \nAuthorized \nIndividual-Representative \nmay \nauthorize \nand/or \nhave \naccess \nto\na\nFollowMyHealth Universal Health Record for a Dependent. Through the account,\n the\nAuthorized Individual-Representative may be able to: (a) review and update\nthe Dependent's\npersonal health record as maintained on FollowMyHealth; (b)\n communicate with the\nDependent's Providers with regard to the Dependent's health\n status and otherwise; and (c)\nengage in such transactions as permitted between\n the Authorized Individual-Representative\nand the Dependent's Providers through\n the FollowMyHealth Universal Health Record.\nAccounts created for Dependents are\nspecific to each health care Provider. Thus, an Authorized\nIndividual-Representative\nwill have to specifically authorize each Provider practice to establish\na\n FollowMyHealth account in the name of the Dependent. A Dependent's FollowMyHealth\naccount will be linked to an Authorized Individual-Representative's FollowMyHealth\nUniversal\nHealth Record account until the earlier of the date: (i) the minor\nDependent reaches the age of\n18, or (ii) FollowMyHealth is notified by the\nDependent's Provider or a court of law or agency\nwith appropriate authority that\nthe Dependent has been emancipated, attained legal custody of\nhis or her own health\ninformation, or that a different Authorized Individual-Representative has\nbeen named.\n Each Authorized Individual-Representative understands that a Dependent's\nFollowMyHealth account also may be linked to the FollowMyHealth account of another\nAuthorized Individual-Representative, and each Authorized Individual-Representative\nwill have\nthe same rights to access and communicate through the Dependent's\nFollowMyHealth account.\nEach Authorized Individual-Representative agrees that if he\n or she becomes aware of any\nchange in any Authorized Individual-Representative's\nrelationship to the Dependent that may\nresult in the Authorized\n Individual-Representative no longer qualifying as an Authorized\nIndividual-Representative,\nthe \nAuthorized \nIndividual-Representative \nwill \nadvise \nthe\nDependent's Providers of the same.\nThird-party Content & Services\nAllscripts may make third-party services available through the Service. For\nexample, Allscripts\nmay enable you to integrate your FollowMyHealth Universal\nHealth Record with third-party\npersonal health records. In order to use a\nspecific available service, you must inform Allscripts\nthat you would like to:\n(a) allow the third-party Service Provider to retrieve, provide, and/or\nmodify\nPHR Data in your account or (b) otherwise share your PHR Data with the\nthird-party\nService Provider. Once you authorize a specific third-party\n Service Provider to access your\naccount, the Service Provider may continue to\n access your account until you affirmatively\ndisable access. Third-party\nService Providers may include both Providers and other entities.\nYou are solely\nresponsible for reviewing and approving each such third-party before sharing\nyour PHR Data through the Service or otherwise allowing them to access it. If\nyou elect to use\nany service Allscripts adds to or enables within the Service,\n such election constitutes your\nauthorization and consent to sharing your\n Personal Information with all authorized third-\nparties.\nThe Service may include advertisements or promotional messages sponsored by third\nparties\n(collectively, \"Third Party Messages\"). The manufacturers, services providers, distributors and\nresellers of the products and services identified in the Third Party Messages are solely\n\nresponsible for the accuracy of their messages and the suitability, efficacy, safety and quality\nof such products or services. A Third Party Message does not in any way constitute or imply\nour recommendation or endorsement of such product or service. The manner in which your\nPersonal Information may be used in relation to targeting and/or delivering Third Party\nMessages is governed by the applicable provisions of the FollowMyHealth Privacy Policy. Third\nParty Messages may vary by state.\nThird Party Messages may include, but not be limited to, the following:\nNotifications from your healthcare organization - This includes important updates from your\nProvider or wellness coach such as appointment reminders, health record updates and more.\nNotifications \nabout \nFollowMyHealth \n- \nThis \nincludes \nimportant \ninformation \nabout\nFollowMyHealth such as new updates and information related to using FollowMyHealth\nfeatures.\nNotifications about Third Party Partners - This includes information about our partners\nregarding products and services intended to improve health care.\nYou have the option of opting out of receiving these Third Party Messages at any time by\naccessing \nyour \naccount \non \na \nlaptop \nor \ncomputer \nand \ngoing \nto \nMy\nAccount→Preferences→Notification Preferences.\nAllscripts is not responsible for and does not endorse any third-party content\nor services, and\ndoes not make any representations or warranties regarding\ntheir quality, content or accuracy.\nAllscripts further does not endorse any\n third-party Service Providers (including Providers),\nproducts, services,\n opinions, or web sites accessed through the Service. USE OF THIRD-\nPARTY SERVICES\nAND RELIANCE ON THEIR CONTENT IS SOLELY AT YOUR OWN RISK.\nALLSCRIPTS MAY NOT BE\n HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR\nRELATED TO YOUR USE OF ANY\nTHIRD-PARTY SERVICE OR CONTENT.\nNot Medical Advice\nYou acknowledge and agree that neither Allscripts nor the Service offers medical\nadvice. Any\ncontent or data accessed through the Service is for informational\npurposes only and is not a\nsubstitute for the professional judgment of health\n care providers in diagnosing and treating\npatients. Allscripts, its licensors\n and Service Providers are not responsible for the accuracy,\ntimeliness, or\ncompleteness of your Personal Information, or for any reliance by you or any\nmedical professional on your Personal Information within FollowMyHealth.\n Allscripts is not\nresponsible for any Provider's reliance or non-reliance on\n your FollowMyHealth Universal\nHealth Record, Personal Information, PHR Data or\nthe accuracy thereof.\nPrescriptions\nAllscripts may enable a tool within the Service that allows you review\nand/or request a renewal\nof prescriptions from your authorized Providers.\nIf you use the Service to review or request a\nrenewal of a prescription,\nyou agree that it is up to you to (a) verify that you have obtained the\nintended prescription and medication; (b) review all accompanying labels,\n instructions and\n\ninformation; and (c) contact your Provider with any\n questions or concerns regarding your\nprescriptions. Allscripts, its\n licensors and Service Providers are not responsible for any\ninaccuracy in\nprescriptions, medications, or the way in which you take such medications.\nAllscripts Proprietary Rights\nAllscripts and its licensors own all proprietary rights to the Service and\n all content and\ntechnology related thereto, except for Personal Information\n and PHR Data, of your\nFollowMyHealth Universal Health Record. Allscripts\n grants you a personal, revocable, non-\nassignable, and non-exclusive license\n to use the Service in accordance with these Terms of\nUse. You may not copy,\n modify, create derivative works of, publicly display or perform,\nrepublish,\nstore, transmit or distribute any of Allscripts' or its licensors' proprietary\nmaterial in\nthe Service without the prior written consent of Allscripts.\nExcept as expressly set forth herein,\nyou have no right, title or license to\nany of Allscripts' or its licensors' intellectual property.\nRestrictions on Use\nYour use of the Service and any content accessed or submitted through the\n Service must\ncomply with all applicable laws, regulations and ordinances,\nincluding any laws regarding the\nexport of data or software. Specifically\nyou agree not to do any of the following: (a) upload to\nor transmit on the\nService any defamatory, indecent, obscene, harassing, violent or otherwise\nobjectionable material, or any material that is, or may be, protected by\n copyright, without\npermission from the copyright owner; (b) use the Service\nto violate the legal rights (including\nthe rights of publicity and privacy)\n of others or to violate the laws of any jurisdiction; (c)\nintercept or\n attempt to intercept electronic mail or messages not intended for you; (d)\nmisrepresent an affiliation with any person or organization; (e) upload to\nor transmit on the\nService any advertisements or solicitations of business;\n(f) restrict or inhibit use of the Service\nby others, including disrupting\nthe normal flow of dialogue, causing a screen to scroll faster\nthan other\nusers are able to type, or otherwise acting in a way which affects the\nability of other\npeople to engage in real time activities via this Service;\n(g) upload or otherwise transmit files\nthat contain a virus or corrupted data;\n(h) collect information about others (including e-mail\naddresses) without\ntheir consent; (i) download a file or software or include in a message any\nsoftware, files or links that you know, or have reason to believe, cannot be\ndistributed legally\nover the Service or that you have a contractual obligation\nto keep confidential (notwithstanding\nits availability on the Service); (j)\npost \"spam,\" transmit chain letters or engage in other similar\nactivities;\n(k) advocate illegal activity or discuss an intent to commit an illegal act;\n(l) disobey\nany policy or regulations, including any code of conduct or other\nguidelines, established from\ntime to time regarding use of this Service or\nany networks connected to this Service; (m) falsify\nor delete any author\nattributions, legal or other proper notices or proprietary designations or\nlabels of the origin or source of software or other material; (n) upload to\nor transmit on the\nService any hyperlinks to other sites that contain content\nthat falls within the descriptions set\nforth in this Section; (o) access the\nService other than by the interfaces provided by Allscripts;\n(p) create,\ntransmit, or display health or other information that you do not own or do not\nhave\nthe right to use; or, (q) engage in any other conduct that restricts or\ninhibits anyone's use or\nenjoyment of the Service, or which, as determined by\nAllscripts, may harm Allscripts or users of\nthe Service or expose them to liability.\n\nYou further agree that you will not: (i) use any device, software or routine\nthat interferes with\nthe proper working of the Service, (ii) attempt to interfere\n with the proper working of the\nService, (iii) take any action that imposes an\nunreasonable or disproportionately large load on\nAllscripts' infrastructure, or\n(iv) access, reload or \"refresh\" transactional pages, or make any\nother request\nto transactional servers, more than once during any three (3) second interval.\nModification and Termination\nAllscripts may place limits on, modify, suspend or terminate all or any\nportion of the Service at\nany time without prior notice. Additionally,\n notwithstanding the rights you may have to the\nPersonal Information and/or\n PHR Data in your FollowMyHealth Universal Health Record, if\nany, Allscripts\nmay cancel your account and delete all data associated with your account at\nany\ntime, and without notice, if we deem that you have violated the terms\nof this agreement. The\nconnection to your Provider may be modified,\nsuspended, or terminated by your Provider at any\ntime and without notice,\nhowever, you will still have access to your FollowMyHealth account.\nIn addition, except with respect to an Authorized Individual-Representative\nwho establishes an\naccount on behalf of a Dependent, Allscripts will\nterminate your account within thirty (30) days\nof its receipt of a death\n certificate certifying your death. With respect to an Authorized\nIndividual-Representative, Allscripts will terminate all accounts associated\n with such\nAuthorized Individual-Representative within thirty (30) days of\nits receipt of a death certificate\ncertifying the death of such Authorized\nIndividual-Representative unless a Dependent also has\na living Authorized\nIndividual-Representative associated with the account. Accordingly, you are\nsolely responsible for maintaining your own copies of any PHR Data or Personal\nInformation\nmaintained within the Service or of any communications received\n through the Service.\nAllscripts assumes no liability for any information\nremoved from the Service. Allscripts also has\nthe right to maintain and/or\ndestroy all data associated with your account in accordance with\nits then\n current document retention and destruction policies. Upon any termination of\n your\naccess to the Service, you must cease all use of the Service.\nYou also have the right to terminate your FollowMyHealth account. You may\n delete your\nFollowMyHealth account at any time by accessing the My Account\n-> Preferences section of\nFollowMyHealth.\nExclusion of Warranties\nTHE SERVICE IS PROVIDED ON AN \"AS IS\" AND \"AS AVAILABLE\" BASIS. NEITHER\nALLSCRIPTS\n NOR ANY OF ALLSCRIPTS' LICENSORS OR SERVICE PROVIDERS MAKES\nANY EXPRESS WARRANTIES,\n AND EACH OF THEM DISCLAIMS ALL IMPLIED\nWARRANTIES WITH RESPECT TO THE SERVICE,\nINCLUDING IMPLIED WARRANTIES OF\nACCURACY, MERCHANTABILITY, FITNESS FOR A\n PARTICULAR PURPOSE, AND NON-\nINFRINGEMENT. NEITHER ALLSCRIPTS NOR ANY OF ALLSCRIPTS'\n LICENSORS OR\nSERVICE PROVIDERS MAKES ANY WARRANTY THAT THE CONTENT IN THE SERVICE\nSATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION\nON\nPRESCRIPTION DRUG PRODUCTS. CONTENT IN THE SERVICE IS DEVELOPED FOR\nUSE IN THE\n UNITED STATES, AND NEITHER ALLSCRIPTS NOR ANY OF ALLSCRIPTS'\nLICENSORS OR SERVICE\n PROVIDERS MAKES ANY REPRESENTATION CONCERNING\nTHE CONTENT WHEN USED IN ANY OTHER COUNTRY.\n\nLimitation of Liability\nNEITHER ALLSCRIPTS NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE\nHELD\nLIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY\nLEGAL THEORY,\nARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO\nUSE, THE SERVICE,\n INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,\nCONSEQUENTIAL OR PUNITIVE\n DAMAGES, INCLUDING, BUT NOT LIMITED TO,\nPERSONAL INJURY, WRONGFUL DEATH, LOST\n PROFITS OR DAMAGES RESULTING\nFROM DELAY, INTERRUPTION IN SERVICE, VIRUSES,\n DELETION OF FILES OR\nELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER\nINACCURACIES\nIN SERVICE, WHETHER OR NOT THERE IS NEGLIGENCE BY ALLSCRIPTS AND\nWHETHER\nOR NOT ALLSCRIPTS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH\nDAMAGES. NEITHER ALLSCRIPTS NOR ANY OF ITS LICENSORS OR SERVICE\nPROVIDERS MAY\nBE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000.\nTHE LIMITATIONS IN\nTHIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE\nLAWFUL IN YOUR JURISDICTION.\nLaw and Venue\nThese Terms of Use are governed by Illinois law. THE EXCLUSIVE VENUE FOR\nANY DISPUTE\nRELATING TO THE SERVICE IS THE STATE AND FEDERAL COURTS LOCATED\nIN COOK\nCOUNTY, ILLINOIS. YOU AND ALLSCRIPTS CONSENT TO THE PERSONAL\nJURISDICTION\nOF THESE COURTS. Nothing in this agreement limits either\nparty's ability to seek equitable\nrelief.\nGeneral Legal Terms\nFor purposes of clarification, these Terms of Use are for end users of the\nService. From time-\nto-time, Allscripts may require licensees of components\n of the Service and other Allscripts\nofferings to enter into a separate\n agreement with Allscripts related to such components or\nofferings. If there\n is any conflict between such agreement and these Terms of Use, the\nseparate\nagreement will control with respect to the specific product or service.\nAllscripts' licensors and Service Providers are third-party beneficiaries\nto these Terms of Use.\nIf Allscripts provides you with a translation of\nthe English language version of this agreement,\nthe English language version\nof this agreement will control if there is any conflict. Failure to\nenforce\nany provision will not constitute a waiver of that provision. If any\nprovision is found\nunenforceable, it and any related provisions will be\n interpreted to best accomplish the\nunenforceable provision's essential\npurpose. The other provisions of these Terms of Use shall\nremain in full\nforce and effect.\nDate last modified: November 13, 2019\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}