Terms and Conditions of Use

The UNC Health Care System's My UNC Chart Bedside is an inpatient application service (the "Service") provided by UNC Health Care System and its affiliates. The Service is offered for use by certain patients and visitors during a patient's hospital stay by using a tablet device of their own or one provided by UNC Health Care System. Use of the Service is governed by these terms and conditions ("Terms and Conditions" or "Agreement"). Please read this Agreement carefully before accessing or using the Service. Throughout this Agreement, UNC Health Care System and its affiliates are referred to as "we" or "us." Throughout this Agreement, users of the Service will be referred to as "you" or "Users". Access and use of My UNC Chart Bedside binds you to this Agreement.

General Terms and Conditions

Your access and use of the Service binds you to this Agreement. If you do not agree to the Terms and Conditions for this Service, you may not use this Service.

We may modify this Agreement at any time. Any modifications made to this Agreement will be effective immediately upon posting on the Service. We advise you to periodically return to this page[PP1] to review such modifications. By accessing or using the Service, you agree to be bound by the Terms and Conditions posted on the Service at the time of your access or use. You agree to review the Terms and Conditions upon enrollment in the Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Service, or any part thereof, with or without notice.

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. These Terms and Conditions set forth the entire understanding and agreement between us and any Service User with respect to the Service, its uses and services.

User's Agreement

You confirm that you are aged 18 or older. If you are accepting these Terms and Conditions in order for someone aged under 18 ("Minor") to use the Service, you confirm that you have the authority to do so and you accept these Terms and Conditions for and on behalf of yourself and the Minor. You also confirm that you accept these Terms and Conditions for and on behalf of all Users of the Service.

Patients may elect to register with a My UNC Chart account in connection with the Service. You agree to maintain the security of all User identification, password and other confidential information relating to the use of a My UNC Chart account.

You agree to not use the Service for any purpose in violation of local, state, national or international laws.

You agree not to use the Service for urgent or emergency matters that could affect your health. You agree to contact your physician, nurse or care team directly and not use the Service as a substitute for direct care.

You agree to not post material to the Service that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.

You agree to not impersonate another person or create any false account information or health record for yourself or others on the Service.

You agree to comply with all User responsibilities and obligations as stated in these Terms and Conditions, as well as all other UNC Health Care System policies and procedures related to the Service.

You represent and warrant that you possess the legal right and ability to agree to these Terms and Conditions and to use the Service in accordance with these Terms and Conditions.

You represent and warrant that you will not use the Service to audio or video record any other person, including any patient or UNC Health Care System staff member, without the person's consent.

If you are accessing My UNC Chart Bedside with a tablet provided by the UNC Health Care System, you agree to use the tablet only while an inpatient and only for its intended use. You agree to not damage the tablet while it is in your possession and to use it only within the facility where it was issued. You agree to return the tablet at discharge.

You agree to these Terms and Conditions if you are using a personally owned device to access the service.

Collection of Personal Information

We collect personal information that you choose to share with us in the education section of the Service. This information may include documentation of educational materials you have accessed, educational topics that may pertain to your health status and documentation of your understanding of the educational information about your health status. We use this information to tailor our services to the data you entered. Information from education is saved to your medical record. This enables you to use the personalized features of the Service on a recurring basis. This saved information is collected only with your permission. If you choose to not provide the information required for documenting education, you may not access the Service.

This information is stored in a system that is maintained and housed at UNC Health Care System. The data is on a secure server behind a firewall. While access to certain data is accessible over the internet by patients, all connections to the data and all messaging within the Service is via a secure link (SSL). In addition, access to the data is limited to those who are subscribers to the portal and patients only have access to the information pertaining to them as defined by their medical record number and other identifying demographics that are validated/confirmed at the time of use.

Termination of Services

If you violate these Terms and Conditions, we may terminate your use of the Service. We may notify you that you have breached the Agreement and your account is being terminated. We may, in our sole discretion, terminate your access to this Service, or any portion thereof, or discontinue providing the Service, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.

Use of Content

As a condition of your use of this Service, you warrant to us that you will not use the Service for any purpose that is unlawful or prohibited by these Terms and Conditions or other UNC Health Care System policies and procedures. Failure to comply with this will result in your authorization to use this Service being automatically terminated.

Site Links and Educational Material

This Service may contain links to other websites, and other websites may provide links to this Service. This Service may also contain educational material regarding medical diagnoses, conditions, and treatment. These links and educational materials are provided for your convenience only. We may or may not have any control over these items and cannot assume any liability or responsibility for them, including any content or services provided to you by such items. You should not consider any link to or from another site as an endorsement of that site by us. You are solely responsible for monitoring a Minor's use of this Service.

Proxy Access

You may elect to permit access to your on-line information in UNC Health Care System's Patient Application by a proxy. A proxy is someone you designate, or who becomes your surrogate by operation of law, should you lose decision-making capacity.

Warranties

We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this Service are responsible for maintaining a means external to this Service for their construction of any lost data.

Limitation of Liability; Release; and Indemnity

We are not liable to any User or anyone else for any decision made or action taken based in reliance upon the information contained on or provided through the Service. You, for yourself, your heirs, executors, administrators, legal representatives, assignees and successors in interest (collectively, "Successors") agree that neither we, nor our officers, directors, employees, agents, affiliates, parent or subsidiary corporations or organizations, or content providers, shall have any liability under any theory of liability or indemnity in connection with your use of the Service. The sole and exclusive remedy for dissatisfaction with the Service will be to stop using the Service.

You, for yourself and your Successors, hereby release and forever waive any and all claims against us, and our officers, directors, employees, agents, affiliates, parent or subsidiary corporations or organizations, or content providers, and our and their successors and assigns (including but not limited to claims based upon negligence) for losses or damages sustained in connection with use of the Service.

You, for yourself and your Successors, agree to indemnify us, and our officers, directors, employees, agents, affiliates, parent or subsidiary corporations or organizations, and content providers, and our and their successors and assigns, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney's fees and costs) arising out of a claim by a third party relating to use of the Service, or any breach or violation of this Agreement.

The provisions herein are for the benefit of us and our officers, directors, employees, agents, affiliates, parent or subsidiary corporations or organizations, and content providers, and our and their successors and assigns. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Choice of Law and Venue

These Terms and Conditions are entered into in the State of North Carolina and shall be governed by and construed in accordance with the laws of the State of North Carolina, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the appropriate state and federal courts in North Carolina, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

Privacy Policy

The following web link goes to the UNC Health Care Notice of Privacy Practice which provides information about how UNC Health Care will use and disclose medical information about you, how you can get access to this information, and your rights regarding this information.

http://www.unchealthcare.org/app/files/public/169/Notice-of-Privacy-Practice.pdf