My Genesis Terms and Conditions

Terms of Use

Introduction

Genesis Health Systems ("Genesis") provides the genesishealth.com website (the "Site") to offer our patients online health care information and to provide communications with staff as well as other services (the "Services"). Use of the Site and its Services is governed by the Terms of Use of this agreement ("Terms of Use" or "Agreement"). Throughout this Agreement, Genesis is referred to as "we" or "us." Individuals accessing the Site and its Services shall be referred to as "You" or "User(s)".
For all urgent medical emergencies, immediately dial 911 or go to the nearest hospital.

The information provided on the Site is not a substitute for the advice of your personal physician or other qualified health care professional. Always seek the advice of your physician or other qualified health care professional with any questions you may have regarding medical symptoms or a medical condition. If You have or suspect that You have a medical problem or condition, please contact a qualified health care professional immediately. Never disregard professional medical advice or delay in seeking treatment because of something you have read on the Site.

BY USING THE SITE AND/OR SERVICES OR BY CLICKING "I ACCEPT" BELOW, YOU WARRANT THAT YOU HAVE FULLY READ AND UNDERSTOOD THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE OR SERVICES.

General Terms of Use

All Users must be 18 years of age or older.

We may modify or revise the Site or Services, including these Terms of Use at any time without notice to you. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or its Services, or any part thereof, with or without notice. We encourage you to review the Terms of Use posted on the Site each time You access the Site and/or use the Services so that You are aware of any modifications made to the Terms of Use. Your continued use of the Site and Services will signify your continued agreement to these Terms of Use as they may be revised.

Disclaimer Warranties and Limitation of Liability

THE SITE AND SERVICES AND ANY INFORMATION CONTAINED ON THE SITE OR PROVIDED THROUGH THE SERVICES IS PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS, WITH NO REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR ON THE SITE GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. GENESIS IS NOT LIABLE TO ANY USER, OR ANY THIRD PARTY, FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER, OR ANYONE ELSE BASED ON INFORMATION CONTAINED ON THE SITE OR PROVIDED THROUGH THE SERVICES; OR, DUE TO RELIANCE UPON INFORMATION CONTAINED ON THE SITE OR PROVIDED THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE AND ANY OF ITS CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
We do not operate, control, supply, endorse, warrant or guarantee any information, products, services, or merchandise that is not clearly identified as information, products, services or merchandise supplied by us. We also do not warrant or guarantee that files available for downloading through the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.

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 Site are responsible for maintaining a means external to Genesis for the reconstruction of any lost data.

Links

The Site may contain links to other web sites that are not owned or controlled by Genesis. Genesis is not responsible for the content, security, or the privacy practices of such web sites. Unless we specifically advise you otherwise, links to non-Genesis web sites do not constitute or imply endorsement by Genesis of those sites, the information they contain, or any products or services they describe.

User Agreement

Any personal information you submit to the Site is governed by the genesishealth.com privacy policy. You agree that:

  • You will maintain the security of all user identification, password and other confidential information relating to the use of your account.
  • You will not upload or transmit any communications or content of any type that may infringe upon or violates any rights of any party.

In consideration of being allowed to use the Site and Services, you agree that the following actions shall constitute a material breach of these Terms of Use:

  • Using the Site or its Services for any purpose in violation of local, state, national or international laws.
  • Distributing advertising or other unsolicited material to any third party through the Site or Services.
  • Transmitting material 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.
  • Signing on or impersonating another person or creating any false account information or health record for yourself or any other person.
  • Transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others.
  • Using the Site or Services in a way that is intended to harm, or a reasonable person would understand would likely result in harm to the user or others.
  • Collecting or harvesting information about others, including email addresses.
  • Intentionally distributing viruses or other harmful computer code.

Genesis reserves the right, but is not obligated, to remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform to these Terms of Use and edit or delete any communications posted on the Site, regardless of whether such communications violate these standards.

Indemnity

You agree that You are solely responsible for anything You post, transmit, upload, or distribute on the Site and that You will defend, indemnify, and hold Genesis, its officers, directors, affiliates, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use or any claims based upon your use of the Site or Services.

User Account, Password, and Security

You will receive a user name and a password upon completing the registration process. You are responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your user name and password. It is your sole responsibility to (i) control the disclosure and use of your user name and password, (ii) authorize, monitor and control access to and use of your Genesis online account and password, (iii) promptly inform the genesishealth.com webmaster of any unauthorized use of your password or account or any other security breach or of any need to deactivate or reset a password, and (iv) ensure that You exit from your account at the end of each session. Genesis shall not be liable for any loss or damage arising from your failure to comply with these Terms of Use.

Medical Records Storage

You will have the opportunity to upload, store, and access your healthcare records and information, including copies of documents, records, images, and information submitted by You ("Your Records"). Genesis will electronically store and maintain Your Records on a database maintained by or on behalf of Genesis. Electronic storage of Your Records allows the viewing of Your Records by You and your authorized health care providers.

You are responsible for attaching a copy of Your Records. Genesis will not be responsible for returning any original or other documents comprising Your Records provided to Genesis. To the extent permitted by law, any documents or images You submit or cause to be submitted on your behalf to Genesis shall become our property and will not be returned to You. We assume no responsibility for the quality of X-rays or other personal medical images archived on the Site or for medical decisions which are based on Your Records, including any images or reports. The documents You submit or cause to be submitted to us may be destroyed at our discretion.

You hereby grant Genesis, our employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of this Site, the right to access, transmit, receive, monitor, retrieve, store, maintain, and use Your Records and any other information You provide in connection with the establishment and maintenance of your Genesis account to provide the Services and operate the Site, including but not limited to, converting documents received on your behalf to an electronic format and maintaining your account.

You are solely responsible for the accuracy and integrity of any data, reports, and health information You submit to Genesis for storage under this Agreement. You are also responsible for reviewing your account information as well as any documents produced by Genesis and for notifying us of any errors.

Disclosure of Protected Health Information

Genesis shall not be obligated to retain, maintain, deliver or allow access to Your Records upon the termination of your account. We will not disclose, transfer, and/or cause to be disclosed or transferred to a third party any of Your Records without your prior written consent or authorization, or as otherwise required by law.

Genesis does not assume any responsibility or liability for any information submitted to Genesis or the use or misuse, by You or any third party, of any information transmitted or received using this Site or any other site provided by Genesis for the storage and transmission of Your Records.

You grant Genesis and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Site and Services. Any information You submit to Genesis will be communicated using encryption technology. However, Genesis cannot and will not guarantee that: (a) the information, during its transmission, will be protected against loss, misuse or alteration by third parties; or, (b) access to your account and any information or data You submit to Genesis will be uninterrupted; or, (c) any encryption technology used by Genesis will not be breached.

Governing Law and Venue

This Agreement is entered into between You and Genesis in the State of Iowa, and is performed within the State of Iowa and governed by and shall be construed in all respects under the laws of the State of Iowa, exclusive of its choice of law or conflict of laws provisions. In any claim or action by You directly or indirectly arising under this Agreement or related to the Services, You irrevocably agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Scott County, or the Southern District of Iowa. You waive any jurisdictional, venue or inconvenient forum objections to such court.

Rights, Remedy, and Termination of Services

Genesis may, in its sole discretion, terminate your access to the Services, or any portion thereof, or discontinue providing the Site, or any portion thereof. Genesis may notify You that You have breached the Agreement and your account is being terminated. These actions are in addition to and not in lieu or limitation of any other right or remedy Genesis may have available at law. Further, Genesis shall not be liable to You or any third party for any such termination or discontinuance.

Limitation of Liability

GENESIS AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THIS WEB SITE ARE 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 SITE, SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY THIRD PARTY WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, SERVICES, AND/OR THIRD PARTY WEB SITES IS TO STOP USING THE SITE 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. THESE TERMS AND CONDITIONS ARE GOVERNED BY IOWA LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW.

Assignment

You agree that these Terms of Use and all incorporated agreements between Genesis and You may be automatically assigned by Genesis, in its sole discretion, to a third party in the event of a merger, acquisition or liquidation.

Waiver and Severability of Terms

The failure of Genesis to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.

No Right of Survivorship and Non-Transferability

You agree that your Genesis account is non-transferable by You and any rights to the contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Proprietary Rights

The materials on the Site are copyrighted by Genesis and/or other applicable rights holders. You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Genesis, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. You may download and reprint a single copy of the materials from the Site and/or the Services for your own personal, noncommercial use only, provided You include all applicable notices and disclaimers. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by Genesis for use in accessing the Site. You shall not, in whole or in part, adapt, translate, modify, decompile, reverse engineer, or disassemble the Site, merge the Site into other program material, nor shall You otherwise create or attempt to obtain the source code of the Software.
The compilation of all content on this Site is the exclusive property of Genesis and is protected by United States and international copyright laws. Unless specifically authorized in writing by Genesis, any use of these materials, or of any materials contributed to this Site by entities other than Genesis, on any other site or networked computer environment for any purpose is prohibited.

Any rights not expressly granted by these Terms of Use are reserved by Genesis. Content and features are subject to change or termination without notice in the editorial discretion of Genesis.

Complete Agreement

The Terms of Use and the Privacy Policy, and all associated and incorporated agreements (collectively the "Agreements") which together set forth the relationship between You and Genesis are intended to be read concurrently.

This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Site or its Services inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.

Contact Information

We hope you find the Site helpful and convenient to use. Questions or comments regarding the Site should be submitted via the Contact Us form.

Genesis Health System
1227 E. Rusholme Street
Davenport, Iowa 52803
563-421-1000