Access My Records Terms & Conditions
Thank you for using our products and services (“Services”). The Services are provided by Access My Records, Inc. (“AMR”), a privately held Corporation in Boca Raton, FL.
By using our Services, you are agreeing to these terms (“This Agreement”). Please read them carefully.
AMR may from time to time, revise these Terms. You should continue to review these terms as they are binding on each user as revised.
THIS IS A LEGALLY BINDING AGREEMENT between AMR (“we”, “us”, “our”) and you (“your”) as a user of AMR Patient Portal (“the System”) which includes access from any web-enabled device including smartphones and tablets. By registering through “New Members Signup”, logging in to the System or through continued use of the system in any way, you are agreeing to a legal obligation including legal rights. Please read this agreement carefully, and do not click "New Members Signup”, log in to the system or continue use of the System unless you agree fully with the terms.
For the purposes of this Agreement, the terms set forth in this section have the meanings assigned to them below. Terms not defined below (whether or not capitalized) have the definitions given them in HIPAA, unless the context requires otherwise:
"Confidential Information" means any information concerning our business, financial affairs, current or future products or technology, trade secrets, workforce, customers, or any other information that is treated or designated by us as confidential or proprietary, or would reasonably be viewed as confidential or as having value to our competitors. Confidential Information shall not include information that we make publicly available or that becomes known to the general public other than as a result of a breach of an obligation by you. Confidential Information does not include individuals' health information.
"De-identified Health Information" means health information that has been de-identified in accordance with the provisions of the Privacy Rule, and "De-Identify," with respect to health information, means make it into De Identified Health Information.
"De-Identified Information" means De-Identified Health Information and De-Identified Personal Information.
"De-Identified Personal Information" means personal information from which a user's name and other unique identifiers have been removed, and from which the user cannot reasonably be identified; and "De-Identify," with respect to Personal Information, means to make it into De-Identified Personal Information.
"HIPAA" means the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder.
"Personal Information" means information that identifies you personally as a user of the System, and all information concerning you and your use of the System that is not Protected Health Information.
“Premium Membership” means any user’s use of the newly provided Services after the upgrading to Services designated by the site as premium services.
"Privacy Rule" means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.
"Protected Health Information" has the meaning given it in the Privacy Rule, and includes all individually identifiable health information.
"Services" means the services to which you have been granted access.
“Standard Membership” means any user’s use of the Services before upgrading to “Premium Membership”
"System" means the electronic communication network from time to time operated by us, all software used or provided by us, and all such hardware and software installed at or accessed by you and all documentation provided by us in connection with the System, paper or electronic.
"Term" means the initial term and all renewal terms of this Agreement as provided in Section 16.
"User" means you and any other user of the System.
"Access ID" means a unique user access Identification assigned to an individual user.
"Your Health Information" means Protected Health Information that you enter into the System or is otherwise provided to the System on behalf of you.
You will not: (a) use the System for time-sharing, rental or service bureau purposes; (b) make the System, in whole or in part, available to any other person, entity or business; (c) copy, reverse engineer, decompile or disassemble the System, in whole or in part, or otherwise attempt to discover the source code to the software used in the System; or (d) modify the Services or the System or associated software or combine the Services or the System with any other software or services not provided or approved by us. You will obtain no rights to the System except for the limited rights to use the System expressly granted by this Agreement.
The System includes certain third-party software and services, which may require that you enter into separate subscription or licensing agreements with third-party vendors. We may also make available optional services provided by third parties. You agree to comply with, and upon request to execute, such agreements as may be required for the use of such software or services, and to comply with the terms of any license or other agreement relating to third-party products included in the System or made accessible to you through the System. Your use of the System or of such third-party products or services will constitute your agreement to be bound by the terms of all licensing, subscription and similar agreements relating to such use.
The System may contain links to other websites. AMR does not control, makes no guarantees and disclaims any implied representations or warranties about the accuracy, relevance, timeliness, completeness or appropriateness on these or any other websites on the internet. AMR does not endorse any of the views expressed or the products or services offered by these other websites.
Permitted Uses. Subject to the terms of this Agreement, we authorize you to access the System and to use the Services.
You will not reproduce, publish, or distribute content in connection with the System that infringes any third party's trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right.
You will comply with all applicable laws, including laws relating to maintenance of privacy, security, and confidentiality of patient and other health information and the prohibition on the use of telecommunications facilities to transmit illegal, obscene, threatening, libelous, harassing, or offensive messages, or otherwise unlawful material.
You will not abuse or misuse the System or the Services, including gaining or attempting to gain unauthorized access to the System, or altering or destroying information in the System except in accordance with accepted practices.
You will not use the System or Services in a manner that interferes with other users' use of the System.
You accept and understand that AMR is not defined as a “Covered Entity” and is not bound by HIPAA guidelines for privacy compliance. You acknowledge and understand that HIPAA permits the disclosure of Your Health information to you without your expressed consent. You acknowledge that the System and the Services may be used as a part of the means by which Your Health Information is disclosed to you. This disclosure of Your Health Information to you may be initiated by your health care provider(s) through their technology vendor(s) transmitting or causing the transmission of Your Health Information to AMR. You understand and acknowledge that your healthcare provider(s) do not require your expressed consent to make Your Health Information available to you through the use of a portal or AMR.
You will not use any ad blocking mechanism, device, or tool to prevent the placement of advertisements in the System or the Services.
YOU WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT OR YOU HAVE OBTAINED THE CONSENT OF ANYONE ELSE WHOSE PERSONAL INFORMATION IS TO BE STORED ON THE SYSTEM.
You understand that use of the Services in no way constitutes a physician-patient relationship and in no way do the Services constitute the practice of medicine.
You understand that you are responsible for the accuracy of your personal information that is in the System.
You agree to take reasonable care not to introduce any virus, worms or other computer code on to the website that could manifest, contaminate or have destructive properties.
You agree not to upload or cause to be uploaded any documents pertaining to Your Health Information to which you do not own. That is; you represent and warrant that you own or otherwise control the rights to the information or that you have the necessary consents to upload or have uploaded said information. You further agree that whatever health information or personal information is entered or uploaded is accurate and complete. Should any of your personal or health information in the System be inaccurate or incomplete, you are solely responsible for any consequences that may occur. This includes, but is not limited to, adverse reactions from drugs, prescriptions, treatments, surgeries and fatalities, incorrect doctors or personal contacts information including health insurance carriers.
You agree that AMR assumes no responsibility for, or relating to, the interruption, failure, loss, damage, delay or corruption of any data that is transmitted resulting from your use of the System or the Services.
We may provide information to assist you in clinical decision-making. This may include information and reminders concerning drug interactions, allergies, dosages, as well as general health-care related information and resources. We may also provide forums for our users to exchange information. The information and materials available through the System are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. Information may be placed on the System by us and by third parties beyond our control. We are not responsible for the accuracy or completeness of information available from or through the System. You are not permitted to use the System to advise, diagnose, or otherwise treat users of this site. You assume full risk and responsibility for the use of information you obtain from or through the System and you agree that AMR is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any provider of health care or health-related products, items or services, and the appearance of materials on this site relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the System, and to make an independent determination of their suitability for your use. We and our suppliers and licensors disclaim all warranties, whether expressed or implied, including any warranty as to the quality, accuracy, and suitability of the information provided by the System for any purpose.
You will implement and maintain appropriate administrative, physical and technical safeguards to protect information within the System from access, use or alteration using an Access ID assigned to you. Such safeguards shall comply with federal, state, and local laws. You will maintain appropriate security with regard to all personnel, systems, and administrative processes used by you to transmit, store and process electronic health information through the use of the System.
You will immediately notify us of any breach or suspected breach of the security of the System of which you become aware, or any unauthorized use or disclosure of information within or obtained from the System, and you will take such action to mitigate the breach or suspected breach as we may direct, and will cooperate with us in investigating and mitigating the breach.
We authorize you to use the Access ID assigned to you. You acquire no ownership rights in any Access ID, and your Access ID may be revoked or changed at any time in our sole discretion. You will adopt and maintain reasonable and appropriate security precautions for your Access ID to prevent its disclosure to or use by unauthorized persons.
Except as required by law, you will not permit any third party to have access to the System or to use the Services without our prior written agreement. You will promptly notify us of any order or demand for compulsory disclosure of health information if the disclosure requires access to or use of the System. You will cooperate fully with us in connection with any such demand.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, please notify us by email or US Mail and provide the information within the notice according to the process set out in the U.S. Digital Millennium Copyright Act.
You are solely responsible for ensuring that your use of the System and the Services (including making health information available through the System) complies with applicable law. You will not undertake or permit any unlawful use of the System, or take any action that would render the operation or use of the System by us or any other User unlawful. We offer no assurance that your use of the System and the Services under the terms of this Agreement will not violate any law or regulation applicable to you.
We may permit access to Your Health Information to you and those individuals you authorize.
We may permit access to Your Health Information by health care providers and their business associates you authorize. You acknowledge that once we have granted access rights to another provider, we have no control over the uses and disclosures that the provider makes of Your Health Information.
We may De-Identify Your Health Information and your Personal Information, and use and disclose De-Identified Information.
We may create limited data sets from Your Health Information, and disclose them for any purpose for which you may disclose a limited data set; and you hereby authorize us to enter into data use agreements on your behalf for the use of limited data sets, in accordance with applicable law and regulation.
We may aggregate Your Health Information with that of other users, and share aggregated information.
We may use Your Health Information for the proper management and administration of the System and our business, and to carry out our legal responsibilities.
We may disclose Your Health Information for such purposes if the disclosure is required by law, or we obtain reasonable assurances from the recipient that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the recipient, and the recipient notifies us of any instances of which it is aware in which the confidentiality of the information has been breached.
Without limiting the foregoing, we may permit access to the System by our employees and contractors under appropriate confidentiality agreements. AMR does not guarantee that there will be no misuse of your confidential information by anyone working for AMR as a contractor or employee; and will not be responsible for the loss or damage arising from any disclosure or misuse. AMR and its employees or contractors will not be responsible for any release of information to unauthorized persons. AMR reserves the right to block you from creating, editing, uploading or posting information to the System for any reason.
Although AMR is not required to do so, AMR applies the standards of the Privacy Rule in permitting access to the System. You acknowledge that other federal and state laws impose additional restrictions on the use and disclosure of certain types of health information, or health information pertaining to certain classes of individuals. You agree that you are solely responsible for ensuring that Your Health Information may properly be disclosed for the purposes set forth in these terms. In particular, you will:
Not make available through the System any information subject to any restriction on use or disclosure (whether arising from your agreement with the individual or under law), other than the general restrictions contained in the Privacy Rule;
Obtain any necessary consents, authorizations or releases from individuals required for making their health information available through the System;
Not place in the System any information that you know or have reason to believe is false or materially inaccurate.
With your consent, we will make your on-line heath record for any patient you designate accessible to another user or healthcare provider (recipient) whom you approve. You may revoke your consent with respect to any other recipient at any time. While your consent is in effect, an approved recipient may view and possibly edit any health record you have designated for his or her use. If you revoke your consent, the approved recipient will continue to have the ability to view to the health record in the form in which it existed at the time you revoked your consent, but will not be able to view changes made to the record thereafter, and will not be able to edit the record. The same rules apply to your use of another user's record who approves access for you. You are fully responsible for the information in any health information that you share. You should not share patient information that violates any state and/or federal laws, such as a positive HIV test result. In any event, but especially in cases of potential fraud, misuse and/or abuse of the System, AMR reserves the right, in its sole judgment, to revoke, remove, cancel or deny continued access to any health record or any health information share request.
Individually Identifiable Health Information. Except as provided in this Agreement (De-Identified Information), you retain all rights with regard to your Protected Health Information.
De-Identified Information. In consideration of our provision of the Services, you hereby transfer and assign to us all right, title and interest in and to all De-Identified Information that we make from Your Health Information or your Personal Information. You agree that we may use, disclose, market, license and sell De-Identified Information for any purpose without restriction, and that you have no interest in such information, or in the proceeds of any sale, license, or other commercialization thereof. You acknowledge that the rights conferred by this section are the principal consideration for the provision of the Services, without which we would not enter into this Agreement.
Other Works and Information. You agree that any information, material or work product you provide to this site, other than Protected Health Information and Personal Information which has not been De-Identified, is the exclusive property of AMR and by submitting such content or material you assign to AMR all intellectual property rights in such content or material. You agree that we may use, disclose, market, license and sell such information and works, including derivative products, without restriction. This includes information (other than Protected Health Information or Personal Information which has not been De-Identified) that you contribute to forums, discussion groups and the like. You may provide content or material to this site by participating in forums, discussion groups and the like. Furthermore, you agree that AMR may use, disclose, market, license and sell such material or content, and that you have no interest in the information, or in the proceeds of any sale, license, or other commercialization thereof. You warrant and agree that any material you provide will not infringe on the intellectual property or other rights of others, and will not be otherwise unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or in violation of any law.
You shall be solely responsible for affording individuals their rights with respect to Your Health Information, such as the rights of access and amendment. You will not undertake to afford an individual any rights with respect to any information in the System other than Your Health Information.
In maintaining, using and affording access to Your Health Information in accordance with this Agreement:
We will not use or further disclose the information except as permitted or required by this Agreement or as required by law.
We will use appropriate safeguards to prevent use or disclosure of the information other than as provided for by this Agreement, including administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the information.
We will report to you any use or disclosure of the information not provided for by this Agreement of which we become aware, or any security incident as a result of which we determines that unauthorized access has been obtained to Your Health Information.
We will ensure that any of our agents or subcontractors to whom we provide Your Health Information for purposes of assisting us in providing the System or the Services, agrees to the same restrictions and conditions that apply to us with respect to such information, including the obligation to implement reasonable and appropriate safeguards to protect it (it being understood that other Users of the System are not our agents or subcontractors.
The Premium Membership (“Premium”) is an upgrade service which supports users being highly proactive in their healthcare.
The term of the Premium Membership is for one (1) year (365 days) from the subscription date. Your Premium Membership will automatically renew on each anniversary of the original subscription date unless cancelled.
The Premium Membership includes a wallet-sized Access ID Card, Key Tag and Window Decals, which contain information allowing access to Your Health Information from the Services. Your use of the Services, including the Premium Membership with all that it entails; including the Access ID Card, the Key Tag and the Window Decals and the information contained as part of the Services shall not be used for diagnosis or treatment and is not intended as a substitute for professional medical advice or the care patients receive from their physician.
The Premium Membership allows for and supports the availability of Emergency Medical Records to be accessed by emergency personnel. In an emergency situation, you agree to authorize emergency personnel to access Your Health Information and your Personal Information from the designated page (“Emergency Medical Records page”) containing health and legal information pertaining to you. You will have the ability to select the information to be viewed on the Emergency Medical Records page.
The Premium Membership includes the sharing of records using the In Case of Emergency (“ICE”) Program. By subscribing to the Premium Membership, you agree that in the case of an emergency, you authorize AMR to release Your Health Information and your Personal Information to emergency personnel who have your permission to review the information in your Emergency Medical Records. The ICE Program allows emergency medical personnel to log into the System using your Access ID and Name or from a Smartphone using the ICE Program. You authorize those emergency medical personnel to log in and view and/or print Your Health Information and your Personal Information. You further authorize AMR to make available Your Health Information and your Personal Information to emergency personnel by calling AMR via the ICE telephone number.
The Premium Membership includes the ability to store organ donor information. If you indicate your Organ Donor status as an Organ Donor and have listed the Organs and Tissues you wish to donate, it is your responsibility to have a signed Donor Registration Form uploaded to the System.
AMR may deactivate your Access ID and terminate your Premium Membership for violation or abuse of any of these terms. You may discontinue your Premium Membership at any time, however, there are no refunds for your Premium Membership. To cancel a Premium Membership, a written request must be sent by either electronic mail or US mail stating that you wish to terminate your membership.
In the event of cancellation of your Premium Membership, Your Health Information and Personal Information data associated with the your Premium Membership will be kept in the System in the state and condition it was in at the time of deactivation, termination, or cancellation, for not more than one year from date of cancellation, only as a courtesy and in the event you rejoin as a Premium Member. You understand and accept that during this ‘courtesy period’, you will not be able to update, add, share, or interact with the services until such time as you rejoin as a Premium Member. Upon rejoining, the Premium Membership services, features, and privileges shall be extended to you in accordance with the terms of that Membership.
Termination or cancellation of your Premium Membership subscription neither negates nor nullifies ongoing, historic, or future data aggregation components, efforts, actions, and results to AMR in its course of business operations.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD AMR (INCLUDING ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUPPLIERS) HARMLESS FROM ANY CLAIMS, ACTIONS, LAWSUITS OR DEMANDS, LIABILITIES AND SETTLEMENTS FOR INJURY, DEATH, LOSS OR DAMAGE FROM YOUR USE OF THE SYSTEM OR THE SERVICES, OR FROM INACCURATE OR INCOMPLETE INFORMATION CONTAINED IN THE SYSTEM OR THE SERVICES.
THIS WOULD INCLUDE WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR USE OF THE SYSTEM OR THE SERVICES, IN A MANNER THAT VIOLATES, OR IS ALLEGED TO VIOLATE, THESE TERMS AND CONDITIONS, OR FROM YOUR LACK OF RESPONSIBILITY IN INSURING YOUR DATA IS ACCURATE AND COMPLETE. AMR AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, WHICH MAY RESULT BY YOUR USE, OR MISUSE, OF THE SYSTEM OR THE SERVICES OR ITS CONTENTS AND BY THE USE OF YOUR ACCESS ID CARD OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY AMR.
AMR NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS MAKE ANY REPRESENTATION OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, ANY MEDICAL HISTORY INFORMATION, AND ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY AS A RESULT OF YOUR USE OF SUCH INFORMATION.
ALL SERVICES AND PRODUCTS PROVIDED WITHIN THE SYSTEM OR THE SERVICES ARE PROVIDED ON AN "AS IS BASIS". NEITHER AMR NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR LICENSORS NOR ANY EMERGENCY PERSONNEL WARRANT THAT THE SERVICES OR PRODUCTS PROVIDED PURSUANT HERETO WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY WARRANT THAT CERTAIN RESULTS MAY BE OBTAINED BY YOU IN CONNECTION WITH AMR RENDERING OF SERVICES OR PROVISION OF PRODUCTS HEREUNDER. AMR AND ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND LICENSORS AS WELL AS THE EMERGENCY PERSONNEL MAKE NO IMPLIED WARRANTY, GUARANTEE OR REPRESENTATION EITHER REGARDING THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICES OR PRODUCTS PROVIDED HEREUNDER. AMR DOES NOT MAKE ANY WARRANTY OR GUARANTEE FOR ANY PRODUCTS OR SERVICES PROVIDED BY VENDORS SUGGESTED BY IT.
THE TERMS AND CONDITIONS OF AMR AND EACH RELATED AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA AND YOU HEREBY CONSENT TO JURISDICTION IN THE STATE OF FLORIDA. VENUE FOR ANY ACTION INSTITUTED WITH RESPECT TO AMR OR ANY RELATED AGREEMENTS OR THE TRANSACTIONS HEREUNDER SHALL LIE EXCLUSIVELY IN PALM BEACH COUNTY, FLORID
This Agreement constitutes the entire agreement between you and AMR with regard to the System and the Services and you acknowledge that you are not relying on any representations made by or on behalf of AMR in entering into this agreement.
AMR may assign its rights and obligations under this agreement to a third party at any time without notice. Commencing immediately upon such assignment, AMR will be relieved of any further obligation under this agreement.
You may contact AMR by US Mail, telephone and electronic mail:
Access My Records, Inc.
PO Box 970427
Boca Raton, FL 33497
Customer Support: 800-796-6431