PLEASE READ THIS END USER LICENSE AND TERMS OF USE AGREEMENT (THE “AGREEMENT”) CAREFULLY. USING ezEMRx PATIENT PORTAL CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

​

BY USING THIS PATIENT PORTAL, YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (EITHER “YOU,” “PATIENT”, OR “PROVIDER”, AS APPLICABLE) TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, THEN STOP USING THIS PATIENT PORTAL.

 

IF YOU HAVE AN EMERGENCY, DO NOT USE THIS PATIENT PORTAL! CALL 911 AND YOUR HEALTH CARE PROVIDER AND REQUEST EMERGENCY CARE ASSISTANCE.

 

Description of Patient Portal
This patient portal provides an accessible and professional platform for provision of care by health care providers (“Providers”) to their patients (“Patients”).  It also allows Patients to interact with Providers.

 

License
This license granted is limited to a non-exclusive, non-transferable, non-sub-licensable, revocable license to use the patient portal through the “Website” or on your mobile device, or any other approved device, solely for the purpose of performing those functions and tasks available to you as an end user of this patient portal. This license does not allow you to use this patient portal on any mobile device, or any other approved device that you do not own or control. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of this patient portal, any updates, or any part thereof. Any attempt to do so is a violation of the rights of ezEMRx and its licensors. If you breach this restriction, you may be subject to prosecution and damages.

​

Copyright and Trademark
This Software is protected by United States and International Copyright laws and treaties. Some aspects of the Software may also be protected by U.S. and international trademark, trade secret, and patent laws and treaties. All rights of any kind in this patient portal which are not expressly granted in this License are entirely and exclusively reserved to ezEMRx.

 

Digital Millennium Copyright Notice and Other Reports of Infringement:
Pursuant to 17 U.S.C. § 512(c)(2) (known as the Digital Millennium Copyright Act of 1998), you may contact ezEMRx to report the infringement of any intellectual property right through ezEMRx’s following contact info: legal@ezemrx.com.

 

Compliance with Laws; Transmission of Data
With respect to its operation of the patient portal, and to the extent required by (i) the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the regulations promulgated thereunder, and (ii) the HITECH Act and any regulations promulgated thereunder (the “HITECH Act” and together with HIPAA collectively, the “Privacy Laws”), ezEMRx will fully comply with the Privacy Laws and maintain the confidentiality of any Protected Health Information (“PHI”, as defined by the Privacy Laws) transmitted or made available through the functionality of the Software or the Website, and in accordance with such compliance, ezEMRx will, among other things:

 

Not use or further disclose PHI other than as permitted or required by the Privacy Laws and/or as permitted under a Business Associate Agreement (“BAA”) between Patient’s health care Provider and ezEMRx; disclosure and transmission of Patient PHI using the patient portal is only done under the direction and after permission of Patient’s health care Provider.

 

The patient portal is intended to be used by users who are: Patients whose Providers have contracted with ezEMRx pursuant to a BAA. If you are under 18 years old, please discuss with your Provider whether you should use the patient portal. The patient portal is not directed to children under the age of 13.  ezEMRx does not knowingly collect, use or disclose personal information from children under age 13.  Please do not use the patient portal if you are age 13 or younger.  In order to use the patient portal, with your Provider you must be a resident of the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions. To use the patient portal, you may be asked to provide information about yourself (or the person on whose behalf you are accessing the patient portal). By submitting such information to ezEMRx, you hereby certify that any and all information provided to ezEMRx is true and correct and you authorize ezEMRx to use any method it chooses to verify the truth and accuracy of the information to the extent ezEMRx needs to do so to protect its rights or other users of the patient portal. Failure to provide truthful and accurate information to ezEMRx may result in termination of your access to the patient portal.

 

Conditions of Use
ezEMRx reserves the right to make changes to this Agreement at any time without notice to you. It is your responsibility as a user of this patient portal to periodically review the terms and conditions for amendments. The amended terms shall take effect automatically the day they are incorporated into this patient portal. Your continued use of this patient portal following any amendments will constitute agreement to such amendments.

 

You may not reverse engineer, decompile, or disassemble the patient portal or otherwise attempt to derive its source code, or otherwise attempt to reconstruct, identify or discover any underlying ideas, underlying user interface techniques or algorithms, or source code, or disclose any of the foregoing. You may only use the patient portal as designed via the user interface. Any deviations is considered a breach and subject to penalties.

 

Related Documents
Health care providers are required under law to notify and request patient authorization for the transmission of PHI.  Health care providers must also have an executed BAA in place before they may use the patient portal and authorize transmission of any patient PHI.  This Agreement and the ezEMRx Privacy Policy are meant to supplement those agreements, not to replace them. All of the workflows and access to all data on the patient portal contained within are governed by the privacy rules and patient portal policies and procedures provided by the patient’s health care provider and by ezEMRx’s Privacy Policy.

 

Privacy
Privacy is very important to us. Please see our Privacy Policy, by going to https://www.ezemrx.com/index.php/pages/privacy.

ezEMRx does not share any patient related data or give access to any user, whether a patient or any other person designated or allowed by the patient to receive patient related data (PHI, PII) until and unless approved by a patient’s health care provider.

 

Your Account
We will do our best on our end to protect your privacy. But you as a user of this patient portal have responsibilities too. If you access this patient portal, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. You also acknowledge and agree that you are solely responsible for maintaining the confidentiality of any downloaded material from the patient portal onto your computer or mobile device.

 

Warranties and Disclaimers
THE SOFTWARE, PATIENT PORTAL AND MATERIALS (INCLUDING ANY LEGAL INFORMATION) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EZEMRX SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS IN THE LICENSED APPLICATION EVEN IF EZEMRX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EZEMRX DOES NOT REPRESENT OR WARRANT THAT LICENSED APPLICATION MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE LICENSED APPLICATION, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ezEMRx will take reasonable steps to assure that its patient portal and servers are free of viruses, spyware, malware and other harmful components. You should use industry recognized software to detect and disinfect viruses, spyware, malware, and other harmful or otherwise undesirable components from your computers and mobile devices. While ezEMRx endeavors to allow others to provide useful information, you acknowledge that such information is reliant upon those third parties, not ezEMRx, and such contributions may be incomplete or may contain inaccuracies. ezEMRx is not responsible for errors or omissions in any information or materials contained on the patient portal. You agree to be solely responsible for your use of the content found on this patient portal.

ezEMRx reserves the right to change any and all content contained in the patient portal at any time without notice.

 

IN NO EVENT SHALL EZEMRX OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE PATIENT PORTAL, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE PATIENT PORTAL, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM EZEMRX, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EZEMRX’S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF EZEMRX, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE LICENSED APPLICATION OR THE LICENSED APPLICATION MATERIALS, SHALL NOT EXCEED FIFTY DOLLARS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

Other Rights

This warranty gives you specific legal rights. You may have other rights, which may vary from state to state. Some states do not allow limitations on how long an implied warranty lasts or exclusions of incidental or consequential damages, so some of the above may not apply to you.

 

No Medical Advice
THE SOFTWARE ALLOWS PATIENTS TO INTERACT WITH THEIR HEALTH CARE PROVIDERS. EZEMRX IS NOT LICENSED TO PROVIDE MEDICAL ADVICE AND DOES NOT PROVIDE ANY MEDICAL ADVICE. THIS PATIENT PORTAL DOES NOT INTERPRET MEDICAL ADVICE. ALL MEDICAL ADVICE AND SERVICES SHOULD COME FROM A PATIENT’S HEALTH CARE PROVIDER. HEALTH CARE PROVIDERS ARE SOLELY RESPONSIBLE FOR THE MEDICAL ADVICE AND SERVICES THAT THEY PROVIDE AND PATIENTS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTION WITH THEM AND FOR HOW PATIENTS USE THE ADVICE AND SERVICES THAT HEALTH CARE PROVIDERS PROVIDE.

 

Links to Third Party Sites
The Software may contain links to third party services and websites (collectively “Third-Party Services”). These Third-Party Services are not under the control of ezEMRx and ezEMRx is not responsible for the content of any Third-Party Service. ezEMRx provides these links as a convenience to its users, and the inclusion of any link does not imply endorsement of the linked Third-Party Service by ezEMRx. This patient portal may also contain links to ezEMRx services and websites.

 

Entire Agreement and Applicable Law
Except where otherwise referenced herein, this Agreement contains the entire understanding between the parties with respect to the matters covered in this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, United States of America. You hereby irrevocably consent to the jurisdiction and venue of the courts identified in the preceding sentence in connection with any claim, action, suit or proceeding relating to this Agreement. Both parties agree to waive their respective rights to a jury trial of any claim or cause of action based upon or arising out of this Agreement.

 

Termination
Notwithstanding any of these terms, ezEMRx reserves the right, without notice and in its sole discretion, to block or prevent your access to and use of this patient portal at any time.

 

EZEMRX CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PHI OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE APPLICATION. EZEMRX RESERVES THE RIGHT TO AMEND OR DELETE ANY UPLOADED CONTENT (ALONG WITH THE RIGHT TO REVOKE ACCESS TO THE PATIENT PORTAL) THAT IN EZEMRX’S SOLE DISCRETION VIOLATES ANY PROVISIONS OF THIS SECTION OR THE TERMS OF USE IN GENERAL.

 

Amendment
You understand and agree that this Terms of Use Agreement may be amended from time to time if necessary, to comply with the Privacy Laws. The requirements of this Section will survive the termination of your use of the Software.

 

End User Compliance with Laws
When you use this patient portal to upload and transmit PHI, you agree that, to the extent applicable, you shall comply with all State and Federal laws, including but not limited to the Privacy Laws. You represent and warrant that you will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of PHI. ezEMRx’s access to patient PHI when applicable is permitted per guidelines described in detail within the BAA between the health care provider and ezEMRx Inc.

 

User Data
ezEMRx acknowledges and agrees that the data and information that is compiled or passes through the patient portal that specifically relates to you, your patient care, or your physician procedures or diagnosis (collectively, the “User Data”), and all right, title and interest therein, is and shall remain the exclusive property of Patient or Provider, as applicable. Notwithstanding the foregoing, to the extent permissible under the Privacy Laws and any other applicable laws and regulations, you hereby grant to ezEMRx a perpetual, unlimited license to use the User Data, in a de-identified format stripped of identifiers only, for data benchmarking, sharing, warehousing, resource utilization and similar data analysis services; provided, however, that ezEMRx shall comply with the Privacy Laws in connection with any such actions and shall protect and maintain the confidentiality of all Client Data used in such manner.

 

Contact Us
You may contact ezEMRx with any questions, complaints or claims with respect to this Software at: legal@ezemrx.com

Copyright © 2025 by ezEMRx Inc.