MyHealthONE Terms and Conditions

1. Introduction

Welcome and thank you for choosing to use MyHealthONE. HCA - HealthONE LLC and its affiliates ("Provider," "we" or "us") provide MyHealthONE, a website and mobile application offering you secure, private access to some of your records at HCA Healthcare facilities, as well as certain Internet-based services which may include, among other things, assistance in finding a doctor, assistance in scheduling appointments, the ability to register for classes and pre-register for procedures, and health and patient education materials. These Terms and Conditions apply to MyHealthONE and its services (collectively, "MyHealthONE" or the "Services")."). These MyHealthONE Terms and Conditions (these “Terms and Conditions” or “Terms” or “Agreement”) are a binding agreement between you and us and apply to your use of the Services. The mobile application is licensed, not sold, to you.

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING THE SERVICES OR BY CLICKING OR TAPPING "I AGREE," OR TAKING SIMILAR ACTION TO INDICATE ACCEPTANCE OF THESE TERMS, YOU: (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (II) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (III) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES AND, IF APPLICABLE, DELETE THE MOBILE APPLICATION FROM YOUR MOBILE DEVICE. IF YOU CLICK ON THE "I DECLINE" BUTTON OR TAKE SIMILAR ACTION TO NOT ACCEPT THE TERMS, YOU SHALL NOT BE ABLE TO USE OR RECEIVE THE BENEFIT OF THE SERVICES. ADDITIONALLY, BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ THE PRIVACY POLICY, DEFINED AND LINKED BELOW.

2. Modifications and Updates to These Terms

We may modify these Terms and Conditions at any time and from time to time in our sole discretion. We will use reasonable means to notify you in writing prior to any such changes taking effect. Despite notice in some cases, you should regularly review these Terms and Conditions carefully in order to make sure that you are aware of the most current terms and conditions for the use of the Services, because any use of the Services by you after any change to these Terms and Conditions, whether or not you have reviewed the updated Terms and Conditions, constitutes your acceptance of these Terms and Conditions as updated. Unless otherwise indicated, any new content or Services added to MyHealthONE will also be subject to these terms and conditions effective upon the date of any such addition.

3. Eligibility

(a) In order to participate in or use MyHealthONE, you must be 18 years of age or older or an emancipated minor. Parents of unemancipated minors may set up accounts for themselves to access their children's medical records, as may other personal representatives under all applicable law. You may also designate proxies by authorization.

(b) Under state and Federal law, there are certain types of medical information that a parent or guardian of a minor patient may not view without consent of the minor patient. Because of these requirements, MyHealthONE may not be available to parents or guardians for certain minor patient's medical record without the minor patient's authorization.

(c) Proxy MyHealthONE enrollment may under certain circumstances require in person enrollment or verification and may require periodic re-confirmation. By setting up a proxy account, you are attesting that (i) any necessary patient authorizations have been provided; (ii) you have completed and/or provided all required documentation to the applicable medical facility(ies); and (iii) your proxy access complies with applicable law and regulation.

4. Collection and Use of Data and Information

You acknowledge that when you register for and use the Services, we may give you the opportunity to provide us with Personal Information about yourself. As used in these Terms, "Personal Information" means any information that may be used, either alone or in combination with other information, to personally identify an individual, including but not limited to medical information. We will collect certain limited information to help us improve the Services. We collect certain information, including Personal Information, from and about the Services in three ways: (i) directly from you, or as authorized by you through the Services (such as, an in-app prompt to share Personal Information stored on your Mobile Device); (ii) directly from our web server logs; and/or (iii) with cookies or similar tracking technologies. You also may be required to provide certain information about yourself as a condition to registering for and using the Services or certain of its features or functionality, and the Services may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Services is subject to our Privacy Policy, which can be viewed at: https://hcahealthcare.com/myhealthone/myhealthone-privacy-policy.dot, as may be updated from time to time (“Privacy Policy”). By using and providing information to or through the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. If you are one of our patients, your personal health information in our possession may be protected health information (“PHI”) protected by the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), and the applicable provisions of the Health Information Technology for Economic and Clinical Health (HITECH) Act. In addition to these Terms and the Privacy Policy, the HIPAA Notices of Privacy Practices of your HCA Healthcare facility may apply to your PHI.

5. Use Of MyHealthONE

Only use MyHealthONE if you acknowledge and agree to all of the following:

(a) MyHealthONE is intended as a secure online means for you to access your confidential medical record information. It is your responsibility to select a confidential password, to authorize, monitor and control access to and use of your account, user name and password, and to promptly inform MyHealthONE technical support if you need to inactivate your account, user name or password for any reason. Please note that if you share your MyHealthONE user name and password with another person, this will allow that person to access your confidential medical record information. Provider has no responsibility concerning any breach of your confidential medical record information or other personal information due to your sharing or losing your user name and password. Provider will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Provider or another party due to someone else using your account or password. You may not use anyone else's MyHealthONE account at any time, without the authorization of the account holder or in accordance with your rights as a personal representative under applicable law.

(b) You must select a confidential password and maintain that password in a confidential and secure manner. If you believe that the confidentiality of your password has been compromised, you should change your password immediately and notify us at privacy@hcahealthcare.com. You agree to log out completely of your account at the end of each online MyHealthONE session.

(c) THE GENERAL INFORMATION PROVIDED ON MYHEALTHONE IS NOT A SUBSTITUTE FOR THE ADVICE OF YOUR PERSONAL PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL AND MYHEALTHONE IS NOT MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR MEDICAL SYMPTOMS OR A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON MYHEALTHONE. MYHEALTHONE IS NOT MEANT TO BE USED IN ANY MANNER IN THE CASE OF URGENT OR EMERGENCY MEDICAL ISSUES. IF YOU SHOULD EXPERIENCE AN EMERGENCY, YOU SHOULD IMMEDIATELY SEEK APPROPRIATE EMERGENCY CARE.

(d) MyHealthONE contains limited medical information from your medical records and does not include the complete contents of your medical records. You can obtain a full or more complete copy of your medical records from the Provider facilities that have served you. You may be charged a fee for such full or more complete copies.

(e) Use of MyHealthONE is voluntary and at your discretion. You are not required to enroll in, access or use MyHealthOne in order to receive healthcare or any other necessary services from Provider. Provider will not condition its treatment of you on any requirement to participate in MyHealthONE. In using MyHealthONE, you will be asked to provide information, and you must provide accurate information.

(f) You will use MyHealthONE only as permitted and not attempt to harm or circumvent any of its security features or use MyHealthONE for any purpose other than as described in this Agreement. You will not introduce into MyHealthONE any virus, rogue program, time bomb, drop dead device, ransomware, back door, Trojan horse, worm or other malicious or destructive code, software routines, denial of service attack, or equipment components designed to permit unauthorized access to the MyHealthONE or to otherwise harm other users, Provider, or any third parties.

(g) You will not use MyHealthONE to commit fraud or conduct other unlawful activities; to access or attempt to access any other person’s account, personal information, or content without permission.

(h) You will not use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on MyHealthONE for any reason.

(i) You will not frame or otherwise display MyHealthONE or its content on a third-party website without the prior, express written authorization of Provider.

(j) MyHealthONE is being provided to you as a convenience. Provider reserves the right to change MyHealthONE from time to time in its sole discretion and Provider has the right to terminate, limit or revoke your MyHealthONE access at any time for any reason, with or without notice. This can include cases where Provider determines that it is not in your best interest to continue to have access to MyHealthONE.

6. Provision of Services

(a) MyHealthONE is presently provided free of charge, but Provider reserves the right to charge for Services in the future. Should such a charge ever be introduced, anyone with a MyHealthONE account would have the option to discontinue the Service.

(b) Provider will use reasonable efforts to keep MyHealthONE free from error, but Provider cannot guarantee the completeness, accuracy, availability, reliability or adequacy of MyHealthONE's information or performance. Provider cannot guarantee MyHealthONE itself will be fault-free, but Provider will attempt to correct reported faults in a reasonable time frame.

(c) Some features and Services within MyHealthONE, such as educational health information, are provided by our third-party service providers, and may be subject to additional and/or different terms and conditions. We do not continuously evaluate, and we are not responsible for, any content provided by these third-party service providers. The mention of specific products, processes, or services on MyHealthONE does not constitute or imply a recommendation or endorsement by Provider under any circumstances.

(d) MyHealthONE may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to MyHealthONE by third parties without our knowledge. If you believe that information found on MyHealthONE is inaccurate or unauthorized, please inform us by contacting Corp.CRMBusinessSupport@HCAHealthcare.com.

7. Connection and Hardware Requirements

(a) You are responsible for providing and maintaining, at your own risk, option, and expense, any hardware, software, and communication lines required to access and use the Services, and we reserve the right to change the access configuration of the Service at any time without prior notice.

(b) Use of the mobile application to access the Service will require a smartphone. Unless otherwise agreed in writing between the parties, all equipment is provided solely by the users of the Service. We have no responsibility for the operation or support, maintenance or repair of any equipment, software, or services that you elect to use in connection with the Service.

(c) Provider may from time to time in its sole discretion develop and provide Service updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Service. You agree that Provider has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Service. You shall promptly download and install all mobile application Updates and acknowledge and agree that the mobile application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Service and be subject to all terms and conditions of these Terms.

8. Third Party Carriers and Costs

Use of the mobile Service will require a smartphone. Unless otherwise agreed in writing between the parties, all equipment is provided solely by the users of the Service. We have no responsibility for the operation or support, maintenance or repair of any equipment, software, or services that you elect to use in connection with the Service.

Third Party Carriers and Costs

The Service communicates via internet and/or cellular data service provided by independent carriers. The internet or cellular data service provided by the independent carriers may fail or go off-line from time to time, and during any such outage the Service will be unable to transmit and receive information. We may not receive timely notice of the communications outage from the independent carriers. We are not obligated to provide the Service during any such outages. Cellular networks and internet providers may be regulated by federal and state agencies and changes in rules and regulations may require us to modify or terminate the Service. You will be responsible for all data usage and other network usage fees charged by your cellular service carrier in connection with your use of the Service.

9. Security

(a) The security of any data you submit through MyHealthONE is very important to us. MyHealthONE uses encryption technology, and we periodically review our security practices to help ensure that your data is maintained securely. However, no system can completely guard against risks of intentional intrusion or inadvertent disclosure of information sent to us. Moreover, when you transmit information via the Internet, your information will be transmitted over a medium that is beyond our control, and therefore the security of the transmission may be compromised before it reaches us. Accordingly, PROVIDER MAKES NO GUARANTEE AS TO CONFIDENTIALITY OR SECURITY. IN ADDITION, AND TO THE EXTENT ALLOWED UNDER LAW, YOU HEREBY EXPRESSLY AND SOLELY 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 MYHEALTHONE.

(b) In addition, you understand that you are responsible to ensure that your computer, smartphone or mobile device, and any other electronic device or network used in connection with accessing the Services, has protections against viruses, malware, spyware, Trojan horses, and other types of problematic computer cookies, downloads, or software. Provider cannot guarantee that your use of MyHealthONE will be free of such problems. By using MyHealthONE you agree that you will hold harmless, indemnify, and covenant not to sue Provider for any damage to your smartphone, mobile device, computer, laptop, software, or other computer system resulting from your access to or use of MyHealthONE.

(c) MyHealthONE supports and requires access using a Secure Sockets Layer (SSL) technology, this is automatically initiated by using the latest browser versions or mobile application.

(d) As a user of MyHealthONE, your role in maintaining the security of your medical information and other personal information is to change your password on a regular basis and keep your user name and password confidential. Accordingly, it is solely your responsibility to prevent the disclosure of your user name and password, and to change your password if you feel that your security has been compromised. You agree to hold harmless, indemnify, and covenant not to sue Provider for any injuries to you or your property (whether physical, psychological, reputational or otherwise) resulting from your failure to keep your password secure.

10. Disclaimer of Warranties; No Warranty

(a) PROVIDER WILL ATTEMPT TO PROVIDE MYHEALTHONE WITHOUT INTERRUPTION, BUT ACCESS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROVIDER DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS MYHEALTHONE AT ANY TIME OF YOUR CHOOSING. PROVIDER CANNOT GUARANTEE THAT MYHEALTHONE WILL BE ERROR-FREE. SHOULD YOU HAVE CAUSE TO BELIEVE THAT YOUR INFORMATION ON MYHEALTHONE IS NOT ACCURATE OR THAT THERE IS AN ERROR WITH MYHEALTHONE, PLEASE CONTACT Corp.CRMBusinessSupport@HCAHealthcare.com. PROVIDER RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO MYHEALTHONE AT ANY TIME WITHOUT CAUSE OR NOTICE.

(b) YOU AGREE THAT PROVIDER TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE PROVIDER ("ISP"), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS MYHEALTHONE. ADDITIONALLY, YOU ARE RESPONSIBLE FOR PRINTING COPIES OF YOUR INFORMATION IF YOU WANT TO HAVE THE INFORMATION AVAILABLE IN THE EVENT THAT MYHEALTHONE IS UNAVAILABLE.

(c) PROVIDER PROVIDES MYHEALTHONE "AS IS," AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING MYHEALTHONE. PROVIDER MAKES NO WARRANTY THAT MYHEALTHONE WILL PERFORM WITHOUT INTERRUPTION OR WILL BE FREE FROM ERRORS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

(a) PROVIDER IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN MYHEALTHONE AND/OR ANY THIRD PARTY WEBSITE OR APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PROVIDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE SUM OF ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

(b) YOUR SOLE REMEDY FOR ANY DISPUTE IN ANY WAY RELATED MYHEALTHONE, APP, SITE-RELATED OR MYHEALTHONE-RELATED SERVICES, AND/OR THIRD PARTY WEBSITES OR APPS IS TO STOP USING MYHEALTHONE, WEBSITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

(c) The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

12. Limitation of Time to File Claims

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES, THE TERMS OR THE PRIVACY POLICY MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM OR CAUSE IS BARRED.

13. Indemnification

(a) You agree to defend, indemnify, and hold harmless Provider and its officers, directors, employees, agents, affiliates, parent, successors and assigns from and against any and all claims, losses, liability, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs, and expenses of whatever kind (including attorney's fees) arising from or relating to your use or misuse of the Services, including but not limited to our websites and mobile applications, and violation and/or breach of these Terms and Conditions, or violation of any third-party rights.

(b) YOU AGREE TO WAIVE ANY AND ALL LAWS THAT MAY LIMIT THE EFFICACY OF ANY RELEASES CONTAINED IN THESE TERMS AND CONDITIONS, INCLUDING THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542.

14. Personal Use

The Services and the content of MyHealthONE are provided solely for your personal use. Republication, distribution, or use of MyHealthONE that is inconsistent with the terms and conditions described herein is strictly prohibited.

15. Governing Law; Severability

(a) These Terms are governed by and will be interpreted in accordance with the laws of the State of Tennessee. You hereby irrevocably consent to jurisdiction and venue in the state and Federal courts located in Davidson County, Tennessee. The prevailing party in the event of any dispute shall be entitled to recovery of its reasonable attorneys’ fees and costs.

(b) If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms and Conditions will continue in full force and effect.

16. No Waiver; Entire Agreement

(a) Our failure to act with respect to a breach by you or others of these Terms and Conditions does not waive our right to act with respect to subsequent or similar breaches.

(b) These Terms and our Privacy Policy constitute the entire agreement between you and Provider with respect to MyHealthONE and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Patient App. No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by Provider.

17. Third-Party Websites

Provider is not responsible for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, content, security, the privacy practices, or any other aspect of non-Provider-operated websites or apps the Services may display, include, link to or make available ("Third Party Materials"). Please review the privacy statement and any terms of use for each of the Third Party Materials you visit. Unless we specifically advise you otherwise, links to Third Party Materials do not constitute or imply endorsement by Provider of those Third Party Materials, the information they contain or any products or services they describe. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.

18. License Grant and Intellectual Property Restrictions

(a) Subject to the terms of this Agreement, Provider grants you a limited, non-exclusive and nontransferable license to: (i) download, install and use the mobile application for MyHealthONE for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you during the term of this Agreement ("Mobile Device") strictly in accordance with the instructions and/or documentation provided to you from time to time; and (ii) access, stream, download and use on such Mobile Device the Services made available in or otherwise accessible through the Services, strictly in accordance with these Terms.

(b) MyHealthONE may display logos and other registered trademarks and service marks of Provider or its affiliates designated as such from time to time on MyHealthONE through use of the TM, SM, or ® symbols. Users of MyHealthONE are not authorized to make any use of the Provider marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by Provider or the applicable third party.

(c) Except as otherwise indicated, MyHealthONE and all content on MyHealthONE, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of Provider or its licensors and is protected by United States and international copyright laws. Provider allows you to view or download a single copy of the material on the website solely for your personal and noncommercial use.

(d) The compilation of all content on MyHealthONE is the exclusive property of Provider and is protected by United States and international copyright laws. Unless specifically authorized in writing by Provider, any use of these materials, or of any materials contributed to MyHealthONE by entities other than Provider, on any other website or networked computer environment for any purpose is prohibited. Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by Provider. Content and features are subject to change or termination without notice at the editorial discretion of Provider.

19. License Restrictions

You shall not:

(a) copy the mobile applications, except as expressly permitted by this license;

(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the mobile applications;

(c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the mobile applications or any part thereof;

(d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the mobile applications or any features or functionality of the mobile applications, to any third party for any reason, including by making the mobile applications available on a network where they are capable of being accessed by more than one device at any time; or

(e) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the mobile applications

20. Reservation of Rights

You acknowledge and agree that the mobile applications for accessing the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the mobile application under these Terms, or any other rights thereto other than to use the mobile application in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms. Providers, and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the mobile applications, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

21. Term and Termination; Survival

(a) The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Provider as set forth herein.

(b) Except to the extent you have agreed otherwise in a separate written agreement between us, you may terminate this Agreement by ceasing to use or access the Services indefinitely. If there is a separate agreement between us that governs your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.

(c) Provider may terminate this Agreement at any time in its sole discretion and without notice to you, including but not limited to if Provider ceases to support the Services, which Provider may do in its sole discretion. In addition, we may terminate this Agreement immediately without any notice if you violate any of these Terms.

(d) Upon termination: (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Services, and, as applicable, delete the mobile application and delete all copies of the mobile application from your Mobile Device.

(e) Termination will not limit any of Provider’s rights or remedies at law or in equity.

(f) All provisions of these Terms that by their nature should survive termination of these Terms will survive any termination (including, without limitation, all limitations on liability, indemnification obligations, disclaimers of warranties, and governing law and forum choices).

22. Export Control

The mobile applications may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the mobile applications to, or make the mobile application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the mobile applications available outside the US.

23. Notices & Communications

When you visit MyHealthONE or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on MyHealthONE. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication.

24. App Store Terms of Use

The following terms apply to any application accessed through or downloaded from any third-party app store or distribution platform (like the Apple App Store or Google Play) where the Service may now or in the future be made available (each an “App Provider”). You agree to comply with the App Provider terms of service, as applicable. You acknowledge that the availability of the mobile applications may be dependent on the App Provider from which you receive the mobile applications. You acknowledge these Terms are between you and us and not with the App Provider. The App Provider is not responsible for the mobile applications, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You acknowledge that the App Provider (and their respective subsidiaries) are third party beneficiaries to these Terms and will have the right to enforce these Terms against you.