These Terms of Service are a legal agreement between you and Epic that becomes effective when you accept them in order to register for either MyChartCentral.com^SM ("MyChartCentral") or for Lucy^TM. Read these Terms of Service carefully in their entirety as they limit our potential liability to you and restrict your ability to bring actions against us in connection with your use of these services.

Epic Systems Corporation is a software company that provides healthcare information software to numerous healthcare organizations throughout the United States. One product we offer those organizations is our MyChart® patient portal software through which healthcare organizations can provide their patients controlled access to their electronic health records as well as convenient self service options such as appointment scheduling and secure messaging between the patient and the organization.

Epic also makes certain web-based services that can interact with MyChart available directly to individuals.

MyChartCentral is a free service we provide that allows you to access multiple MyChart accounts you’ve created at healthcare organizations where you receive medical care. By linking those MyChart Accounts to MyChartCentral and using MyChartCentral as your gateway, you can sign in just once to see consolidated information about all the linked accounts, such as notifications that new lab results are available, or that new messages from your healthcare providers have arrived. You then can access the features and actual information on the linked MyChart accounts by clicking on the notifications you see when using MyChartCentral. To learn more about MyChartCentral, click here.

Lucy is another free service we provide that allows you to establish and store a personal health record (PHR), in which you can record and maintain information about your health, such as allergies, immunization records, and lists of medications you are taking or have taken. If a healthcare organization at which you receive medical care provides you access to medical records using Epic’s MyChart patient portal, then you can use Lucy to download that information directly from that healthcare organization, quickly and conveniently. Once you have a PHR, you’ll have all that important information ready and available to share with hospitals, healthcare providers and others as you see fit.

In this agreement:

• “Epic” means Epic Systems Corporation and all of its controlled affiliates and subsidiaries.
• “The Services” means MyChartCentral and Lucy.
• “Service Account” means both your MyChartCentral and Lucy accounts if you are registered for both services. Your Service Account is created by completion of the registration process for the Services.
• “Service Portal” means all web sites through which Epic provides the Services and for which Epic is the registered owner.
• “Epic Servers” means all tangible computer equipment and storage media of any kind owned and controlled by Epic.

When you accept and comply with these Terms of Service, you receive a free, limited, non-exclusive and non-transferable, personal, non-commercial license to use from within the United States the features and functionality that then are made available to you through the Service Portal, in accordance with these Terms of Service (as may be amended from time to time).

1.1 We know that the privacy and security of your information is important to you, and we agree that any information you provide to Epic (or that you direct or authorize to be transferred to Epic Servers) in connection with either the creation of your Service Account or your subsequent use of the Services will be stored, used and shared by Epic only as permitted and described in our policy regarding the protection, use and disclosure of personal information (“Privacy Policy”), which you can review here. Included in the Privacy Policy you will find information about secure connections to our Service Portal, as well as information on the secure connection technology we use when data is transferred to or from Epic Servers.

1.2 By creating and using your Service Account, you are certifying to us that you have read and understood the Privacy Policy, and that you authorize us to use and disclose your information as described in the Privacy Policy.

2.1 Only persons in the United States who are 18 years of age or older are authorized to create and use a Service Account. To create your Service Account, you will be required to provide certain personal information. You agree that you will provide only current and accurate information when creating and using your Service Account.

2.2 When you create your Service Account, you will be required to establish a username and password for the account. You should not share your username or password information with anybody, and you should take precautions to protect that information from discovery by others.

2.3 You agree that you are responsible for all activity that occurs through use of your Service Account, and you agree to notify Epic immediately of any unauthorized use of your Service Account password or your Service Account that you discover. To notify us of such unauthorized use, Request Help to report the incident.

3.1 When using the Services, clicking on certain links will redirect you to web sites that are operated and controlled by organizations other than Epic (“Third-Party Web Sites”). For example, when using MyChartCentral, you sometimes will be redirected to the web sites operated by the healthcare organizations at which you have MyChart accounts. The Services also may contain or allow you to create links to additional Third-Party Web Sites. Such links are provided or allowed solely for your convenience and do not imply any endorsement of the material that might be found on such sites.

3.2 Epic does not control Third-Party Web Sites; and we are not responsible for the content and performance of such sites or for the security or privacy practices of the organizations that operate them. To learn about the security, privacy or use of any information that you see or provide when connected to any Third-Party Web Site, you should review any privacy policy that is available on the site, or contact the organization that operates the site.

3.3 Your use of Third-Party Web Sites is strictly at your own risk, including but not limited to any risks associated with destructive viruses or with your use or reliance upon information you might obtain through such web sites. You are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the other web sites. It also is your responsibility to review and assess the secure nature of your connection to any Third-Party Web Site.

4.1 Epic grants a limited license to each user to make personal use only of the Services in accordance with these Terms of Service. Any commercial use of the Services is expressly prohibited.

4.2 You agree not to use the Service Portal or the Services for any illegal or harassing activities, and you agree to comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software, when using the Services.

4.3 You agree not to use or attempt to use the Services to access any Third-Party Web Site or MyChart account on which you are not a properly registered and authorized account user.

4.4 You agree not to engage in any activity intended to disable or interfere with the operation of the Service Portal, the Services or Epic Servers.

4.5 With the exception of the data and information that you provide when registering for or using the Services (whether directly or through transfers from other organizations, persons or devices that you authorize), Epic owns the content and all software contained in or underlying the Services. The Epic-owned content and software is protected by U.S. and international copyright law and conventions and other laws protecting intellectual property. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Services, or making any derivative work of the Service Portal or the Services.

4.6 The information you see and can learn from using the Services (other than the data and information you provide when registering and using the Services) includes confidential information and trade secrets that are owned by Epic regarding the Services, its functionality, its design, and the Epic software underlying the Services. You agree that you will not disclose or use such confidential information regarding the Services other than as may be necessary in connection with your proper, non-commercial use of the Services for their intended purpose.

4.7 You agree not to disassemble, decompile or reverse engineer any software that is a part of the Service except to the extent such activity is expressly permitted by applicable law. Direct or indirect reproduction of the Services, its functions and content displays, or of Epic software, in whole or in part, by any means, is prohibited without our express written consent, except as expressly permitted herein or as accomplished through use of the Services themselves.

4.8 You also agree that you will not remove, obscure or alter any proprietary rights notices, including trademark, service mark and copyright notices, that appear on the Service Portal or when using the Services.

To take advantage of MyChartCentral’s single portal and consolidated information features, you will need to “link” the various MyChart accounts you’ve created at the healthcare organizations where you receive medical care. You understand and agree that MyChartCentral will provide you consolidated information about only those MyChart accounts that you link to your Service Account. To view information from any MyChart accounts you might have with other healthcare organizations that you do not link to your Service Account, you will need to periodically and separately check those accounts through those healthcare providers’ web sites.

6.1 When registering for and when using the Services, you will provide personal information about yourself, including personal health information, which then will be stored on Epic Servers. Additionally, since the Services can interact with other Epic Software (such as our MyChart patient portal software) that might be used at healthcare organizations where you receive healthcare, the Services will allow you to direct that data and information held at those organizations be transferred via the Internet to Epic Servers so that you can use and perhaps further distribute that information when using the Services.

For instance, when registering for MyChartCentral, rather than entering the information required for the registration, you may be able to have that information transferred to Epic Servers from a healthcare organization at which you have an active MyChart Account. When using MyChartCentral as a single-location means of viewing notifications from multiple organizations at which you have MyChart accounts, you are directing that the information contained in those notifications be transferred from those organizations to Epic Servers for your access and use within MyChartCentral. Similarly, when using Lucy as a means of maintaining a personal health record, rather than entering in all of your information from scratch, you may be able to direct that existing medical records and information from healthcare organizations at which you have an active MyChart Account be transferred to Epic Servers for your access and used within Lucy. The use of such features, whether by you or by any other person as long as your Service Account username and password were used, constitutes your authorization for the person or entity sending data and information to Epic Servers to make that transfer and disclosure of information.

6.2 When using the Services, you also will have the ability to distribute and disseminate data and information from Epic Servers (i.e. the data and information you’ve entered or had transferred into your Service Account) to others. For instance, you might want to send a new healthcare provider organization an electronic copy of all or some of your health records, or you might want to print out a copy of your health information to give to others. Finally, the Services might allow you to specify other entities that you would like to permit to have access to the data and information you’ve stored on Epic Servers. Such disclosures and transfers of your data and information, as well as the access to your Service Account, are under your control; and you assume all responsibility for and all risk that might be associated with such disclosures and transfers. The utilization of any feature of the Services that involves the transfer of data and information from Epic Servers, whether by you or by any other person as long as your Service Account username and password were used, constitutes your authorization for Epic to make that transfer and disclosure of information.

6.3 Your use of the Services is voluntary and the ability to transfer data and information as just described is offered for your convenience to make the Services a more useful and effective mechanism to access, manage, organize, store and distribute your health information as you deem appropriate.

6.4 Therefore, WITH REGARD TO ANY ELECTRONIC TRANSFER OF DATA OR INFORMATION BETWEEN EPIC SERVERS AND ANY HEALTHCARE ORGANIZATION OR OTHER PERSON OR ORANIZATION THAT IS INITIATED OR AUTHORIZED THROUGH YOUR SERVICE ACCOUNT (WHETHER BY YOU OR ANYONE ELSE AS LONG AS YOUR SERVICE ACCOUNT USERNAME AND PASSWORD WERE USED), YOU AGREE THAT YOU FOREVER WAIVE ALL CLAIMS AND ACTIONS OF ANY KIND AGAINST THE PERSON OR ORGANIZATION FROM WHICH SUCH TRANSFER IS MADE IF SUCH CLAIM OR ACTION RELIES OR DEPENDS ON AN ASSERTION THAT THE TRANSFER WAS NOT AUTHORIZED BY YOU OR THAT THE TRANSFER VIOLATED ANY LAW OR REGULATION PERTAINING TO THE PROTECTION AND PRIVACY OF THE DATA OR INFORMATION THAT WAS TRANSFERRED. You further agree that people and organizations from which such transfers are made are intended third-party beneficiaries of this agreement entitled to enforce this waiver of claims.

6.5 To utilize functionality within the Services that allows the transfer of data and information through interaction with other Epic software in use at healthcare organizations where you receive medical care, you will need to provide us a valid username and password for your MyChart account at each organization with which you would like such transfers to occur. Whenever you provide us with MyChart account username and password information, and each time you utilize functionality within the Services that either re-directs you to a MyChart account or allows the transfer of data to or from such MyChart account, you are certifying to us that you are the registered user of that MyChart account and that you are properly authorized to use the username and password you provided. As stated in section 2.3 above, you are responsible for all activity that occurs through use of your Service Account.

6.6 With regard to any transfer of data or information to or from Epic Servers over the Internet, you acknowledge that although Epic uses data integrity and secure Internet connection technology that are generally regarded to be reliable, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using the features of the Services that involve the transfer of data and information over the Internet, such data and information will be transmitted over a medium that is beyond the control of Epic, its contractors and agents. YOU HEREBY EXPRESSLY ASSUME THE SOLE 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 THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SUCH OCCURRENCE THAT MIGHT RESULT FROM VIRUSES, MALWARE, SPYWARE OR OTHER MALICIOUS SOFTWARE WHETHER SUCH MALICIOUS SOFTWARE RESIDES ON YOUR COMPUTER OR EPIC SERVERS.

7.1 Epic provides the Services to you free of charge, for your convenience, and without warranty of any kind. Accordingly, you acknowledge and agree that Epic is not responsible in any way for the completeness or accuracy of any data or information made available to you through the Service, or for any medical advice or medical implications that may be contained in or result from such data or information.

7.2 THE SERVICES AND THE CONTENT, MATERIALS AND INFORMATION AVAILABLE ON THE SERVICE PORTAL ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EPIC SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INTERFERENCE WITH YOUR OPERATION OR ENJOYMENT OF THE SERVICES. NOR DO WE PROVIDE ANY WARRANTY REGARDING THE SECURITY OR AVAILABILITY OF THE SERVICES OR THE SERVICE PORTAL, THAT THE SERVICES ARE FREE FROM ERROR, OR WITH REGARD TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED DURING YOUR USE OF THE SERVICES.

8.1 EXCEPT AS EXPRESSLY PROVIDED BELOW, EPIC WILL NOT BE LIABLE TO YOU FOR ANY LOSS (TANGIBLE OR INTANGIBLE) OR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO EPIC’S OPERATION OF THE SERVICES, YOUR USE OF THE SERVICES OR THIS AGREEMENT. EPIC SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF HOW THE DAMAGES ARE INCURRED OR THE THEORY OF LIABILITY. THE LIMITATIONS ON EPIC’S LIABILITY EXPLICITLY APPLY TO CLAIMS BASED UPON ALLEGED NEGLIGENCE BY EPIC. THE LIMITATIONS ON EPIC’S LIABILITY ALSO APPLY REGARDLESS OF WHETHER EPIC HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY THAT SUCH LOSSES OR DAMAGES MAY OCCUR.

8.2 The only damages recoverable by you under this agreement are direct damages up to the amount of money you have paid Epic for the Services in the 12 months preceding the event giving rise to direct damages. Currently, Epic is providing the Services for free, so you understand that unless Epic imposes a charge for use of the Services in the future (and you pay Epic for the Services prior to an event giving rise to direct damages), you are unable to recover from Epic even direct damages that might arise from Epic operation of or your use of the Services.

8.3 The limitations on Epic’s liability to you contained in this agreement apply even if the remedy available to you fails of its essential purpose or does not fully compensate you for any losses.

8.4 The intention of the limitations stated in this agreement is to disclaim any liability whatever to you pertaining to your voluntary use of the Services for as long as the Services are provided free of charge. If any provision in this agreement limiting Epic’s potential liability to you is determined to be unenforceable by a court or other authority with jurisdiction to decide the matter, such determination shall not preclude the application of other, enforceable, limits that would preclude or limit the same liability, and to the extent any liability against Epic might exist because of such a determination, that liability shall be capped at no more than $100 in total or the actual amount of the damages determined to be recoverable, whichever is less.

8.5 Some applicable laws might impose restrictions regarding the extent to which certain warranties may be disclaimed or to which certain damages may be limited in some circumstances. Accordingly, some of the warranty disclaimers and liability limits set forth above may not apply to you. You agree nonetheless that all such disclaimers as are permitted by applicable law shall apply to you, and that Epic’s liability to you shall be limited to the maximum extent permitted by applicable law.

You agree to defend, indemnify and hold Epic harmless from any third-party claims arising out of or related to your use of the Services.

10.1 This agreement shall be governed and construed under the laws of the State of Wisconsin in the United States, without regard to that State’s conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement in any circumstance.

10.2 You agree that the state and federal courts located in Dane County in the State of Wisconsin shall have exclusive jurisdiction over any claim or action under this agreement and over any action related in any way to our operation or your use of the Services, and you agree to submit to the personal jurisdiction of such courts. Notwithstanding the foregoing, you agree that Epic may seek injunctive remedies (or equivalent legal relief) against you in any jurisdiction with regard to any breach by you of the terms of this agreement.

10.3 A failure by Epic to enforce any provision of this agreement, or a waiver by Epic of any breach of this agreement, shall not act as a bar to subsequent enforcement of such provision or be deemed a waiver of any subsequent breach.

11.1 Epic may change these Terms of Service at any time by posting a subsequent version on the Service Portal. You are responsible for periodically reviewing the Terms of Service as they appear on the Service Portal and to discontinue your Service Account and your use of the Services in the event you do not agree to any changes that have been made to the Terms of Service. You agree that your continued use of the Services following any such changes constitutes your acceptance of the new Terms of Service, regardless of whether we’ve provided any notification to you that those terms have changed. We will make reasonable efforts to notify you of any significant changes we might make.

11.2 Similarly, Epic in its sole discretion may change any of the documents associated with the Services, including our Privacy Policy, by posting updated versions of such documents on the Service Portal at any time. As with the Terms of Service, it is your responsibility to periodically review the associated documents for changes and you agree that your continued use of the Services following any changes to those documents constitutes your acceptance of all such changes.

You agree that at any time Epic, in its sole discretion and without limitation or prior notice to you, may cease providing the Services or make any changes Epic chooses to the features and functionality available through the Service Portal. You also agree that Epic may terminate your access to the Services and your Service Account without prior notice to you for any reason that we deem warrants such action, including your breach of any provision of this agreement.

If at any time you want to stop using Services, delete your Service Account, and terminate your agreement to these Terms of Service, you can do so. To learn more about what happens to the data and information associated with your Service Account after it is closed, refer to our Privacy Policy.

14.1 In the event Epic chooses to discontinue the Services or your use thereof, or you choose to discontinue your use of the Services and delete your Service Account, then this agreement and your right to use the Services terminate, but sections 1.1, 1.2, 4.5 through 4.7, 6.4, 6.6, 7.1, 7.2, 8.1 through 8.5, 9, and 10.1 through 10.3 will continue in effect even after termination of this agreement.

14.2 All provisions of this agreement are intended to apply to the maximum extent permitted by law. If any provision (or part of any provision) is held to be invalid or unenforceable by any court or other authority with jurisdiction to make such a determination, then such provision (or part) will be deemed removed from the agreement, but all other terms and conditions will remain in full force and effect. You further agree that, to the extent legally permissible, any provision (or part of any provision) so removed shall be replaced with another provision designed to achieve a result as near as possible to that of the provision (or part) so removed to the maximum extent permitted by law.

This agreement constitutes the entire agreement between you and Epic regarding the Services and supersedes all prior agreements, representations or understandings respecting the Services. Nobody, including any representative of Epic, is authorized to make any changes or modifications to the terms of this agreement other than changes that are instituted through the posting of subsequent versions of this agreement Service Portal as described elsewhere in this agreement. You agree not to act or rely on any representations to the contrary.