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ONE PATIENT PORTAL PARTICIPATION AGREEMENT

Orthopaedics Northeast, P.C. (collectively “ONE,” “we,” “us,” or “our”) provides a patient portal service that allows a registered ONE patients to communicate electronically with ONE and to maintain a unique personal profile online in order to, among other things, request prescription refills, make appointments, and provide, update, and access personal health information and other information relevant to the treatment of the ONE patient by ONE (“Patient Portal” or “Service”). PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN THE LEGAL TERMS AND CONDITIONS THAT YOU AGREE TO WHEN YOU USE THE ONE PATIENT PORTAL. IF YOU CHOOSE TO USE THE PATIENT PORTAL, YOU WILL BE REQUIRED TO REGISTER AS A MEMBER (“Member” or “you”) OF THE PATIENT PORTAL AND YOU WILL BE ASKED TO CHECK A BOX TO INDICATE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS REGARDING THE PATIENT PORTAL AS SET FORTH IN THIS ONE PATIENT PORTAL AGREEMENT AS WELL AS AND ANY OTHER TERMS AND CONDITIONS REGARDING THE PATIENT PORTAL REFERENCED HEREIN (THE “AGREEMENT”).

INDICATE YOUR ACCEPTANCE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY CLICKING “I AGREE” BELOW AND FOLLOWING THE OTHER INSTRUCTIONS IN THE REGISTRATION PROCESS.

This Agreement sets out the legally binding terms for use of the Patient Portal. ONE may modify this Agreement (or any part thereof) from time to time and such modification shall be effective upon posting of such change by ONE on the Patient Portal Site. As a Member of the Patient Portal, under the terms of this Agreement, you agree to be bound to any changes to this Agreement when you use the Patient Portal after such modification is posted; however, for any “material” change, such “material” change shall become effective if: (i) ONE sends to you an e-mail or posts information on the Patient Portal Site notifying you of such “material” change and the date that such new Agreement will be posted on the Patient Portal Site (“Effective Date”) and you then continue to use the Patient Portal after the Effective Date; or (ii) ONE asks you to agree to the new Agreement with the change prior to the commencement of continued use of the Patient Portal and you agree to the same. If you do not agree to the “material” change, you may notify ONE under subsection (i) above or click “I do not agree” to the new Agreement with the change under subsection (ii), as applicable, and ONE will discontinue your membership in the Patient Portal.

PATIENT PORTAL TERMS

1. Operator. The Patient Portal is operated and hosted by ONE.

2. Purpose of the Patient Portal. The purpose of the Patient Portal is to allow registered ONE patients to communicate electronically with ONE and to maintain unique personal profiles online in order to, among other things, request prescription refills, make appointments, and provide, update, and access personal health information and other information relevant to the treatment of ONE patients. However, the Patient Portal cannot be used to issue a prescription to you unless ONE has a documented patient evaluation (including history and physical evaluation adequate to establish diagnosis and identity of underlying conditions or contraindications to the treatment) on file prior to issuing the prescription. ONE operates the Patient Portal without charge to its registered patients for the convenience of ONE and its patients. Registration for use of the Patient Portal by prospective and current ONE patients is completely voluntary and use of the Patient Portal is at the discretion of registered patients. The quality of the medical care you receive from ONE is not in any way negatively impacted by your decision to register to use or to use the Patient Portal or not.

3. Eligibility. Registration to use and access of the Patient Portal is void where prohibited. By registering to use the Patient Portal (a “Membership Account”) and using the Patient Portal, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. To register to use the Patient Portal, you must be 18 years of age or older. If the ONE patient is a minor child, then his or her parent or legal guardian must register for the child. In this respect, any person who is registering to use the Patient Portal (either for himself/herself or on behalf of a minor child) represents and warrants that he/she is 18 years of age or older and that his/her use of the Patient Portal shall not violate any applicable law or regulation. If we learn that you are misrepresenting your age, your Membership Account may be deleted without warning.

4. Registration. You agree that the information that you provide to us upon registration to use the Patient Portal and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. In particular, you must keep your e-mail address up to date in that this is the primary means in which we will communicate with you about your Membership Account.

5. Password and Membership Account. When you register as a Member, you will be asked to provide a password. Since you will be responsible for all of the activities that occur with respect to your Membership Account, we ask that you keep your password confidential. Your membership is solely for your personal use, and you shall not authorize others to use your Membership Account, including your profile or email address. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT PUBLISHED OR DISPLAYED THROUGH YOUR MEMBERSHIP ACCOUNT, INCLUDING ANY E-MAIL MESSAGES, AND FOR YOUR INTERACTIONS WITH ONE. You must notify ONE immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure. In this respect, you shall not disclose your password to any third party or permit any third party to access your Membership Account. You may not sell or otherwise transfer your profile for your Membership Account. You may not use the account, username, or password of any other Member at any time or attempt to impersonate any Member. ONE reserves the right to cancel the Patient Portal or to discontinue Membership Accounts that have been inactive for more than three-hundred and sixty five (365) days in its sole discretion and without prior notice to you.

6. Privacy. Please review the ONE “PRIVACY POLICY” set forth below. The terms of the Privacy Policy are incorporated into, and considered part of, these Patient Portal Terms. In addition, while ONE will use reasonable means to protect the privacy, security and integrity of your information, ONE cannot guarantee the confidentiality, security or integrity of that information.

7. Agreement Term. As soon as you have accepted the terms of this Agreement and complete registration to use the Patient Portal, you become a Member of the Patient Portal. This Agreement shall remain in full force and effect while you use the Patient Portal and/or are a Member. You agree that ONE may at any time without notice: (i) move, change, or suspend any part of the Patient Portal; (ii) terminate your Membership Account or deny you with access to your Membership Account; or (iii) deny to you any offers or incentives available through the Patient Portal for any reason, including your failure to comply with this Agreement or a competent regulatory authority requires us to do so. You may terminate your membership at any time. If ONE terminates your Membership Account, such termination shall be effective upon ONE sending notice to you at the email address you provide during registration for your Membership Account or other email address as you may subsequently provide to ONE.

8. Conduct. You agree that you shall not (i) interfere with or disrupt (or attempt to interfere with or disrupt) the Patient Portal or servers or networks hosting or connected to the Patient Portal, or to disobey any requirements, procedures, policies, or regulations of networks connected to the Patient Portal; (ii) transmit any file which contains viruses, “Trojan horses,” or any other contaminating or destructive features; (iii) provide any information to ONE that is false or misleading, that attempts to hide your identity, or that you do not have a right to disclose; (iv) attempt to resell the Patient Portal or any portion of it; or (v) create a link to, or otherwise link over from your web site or web page, to the Patient Portal, without prior written permission from ONE.

9. Applicable Laws. You must use the Patient Portal in a manner consistent with any and all applicable laws and regulations.

10. Availability of Access to Patient Portal. ONE uses reasonable efforts to make the Patient Portal available 24 hours a day and seven days a week; however, there will be instances when the Patient Portal will be interrupted for maintenance, upgrades, or emergency repairs and due to other reasons that are beyond the control of ONE, including failure of telecommunications lines, links, and equipment. While ONE will make reasonable efforts in order to minimize such issues where they are within our reasonable control to do so, there may be instances where such a disruption might occur. In this respect, you agree that ONE will not in any way be liable or responsible to you for any such modification, suspension, or disruption of the Patient Portal.

11. Personnel Who Will Process Requests. A variety of healthcare and administrative personnel employed by ONE (such as nurse practitioners, physician assistants, registered nurses, certified medical assistants, clerks, etc.) will be involved in receiving and processes requests, inquiries and questions sent by you to ONE via the Patient Portal. Said personnel will generally monitor the Patient Portal for such requests, inquiries and questions throughout the day during ONE’s normal business hours.

12. Automatic Reply; Timeliness of ONE Response. The Patient Portal has been configured so that any request, question or inquiry sent by you to ONE will generate an automatic reply telling you when the correspondence has been received. The Patient Portal has also been configured so that any communication sent by ONE to you will ask for a response as to when it has been received and when it has been opened/read by you. You are strongly encouraged to use the automatic response option so that ONE is sent an email and is informed as to when you received and opened/read the correspondence. Further, ONE will use reasonable efforts to timely review and respond to any requests, questions or inquiries that you may post or send via the Patient Portal. However, ONE cannot guarantee that its receipt and response will occur within any period of time. Thus, you should not use the Patient Portal for any time sensitive or urgent matter. Rather, you should communicate with ONE via telephone at 260-484-8551 during ONE’s normal business hours (Monday through Friday from 9:00 am to 5:00 pm) if your matter is urgent or time sensitive. Further, it will be your responsibility to follow up with ONE if you have not received a response to your request, question or inquiry within a reasonable period of time.

13. Use of Patient Portal for Emergencies. You should not use the Patient Portal to communicate with ONE regarding a medical emergency. If you are experiencing a medical emergency, you should call 9-1-1 or go to the nearest emergency department.

14. Communications to Become Part of Medical Record. When appropriate, communications by and between you and ONE via the Patient Portal will be maintained as part of, and integrated into, your medical record with ONE. However, you should store (on a computer or storage device owned by you) a copy of all patient portal communications and records that are important to you for your own medical records.

15. Medical Advice and Information Disclaimer. The Patient Portal may from time to time include information posted by ONE in the form of news, opinions, or general educational materials that should not be construed as specific medical advice or instruction from ONE. Nothing in the Patient Portal is intended to be used for medical diagnosis or treatment. The information posted by ONE on the Patient Portal should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. You should always seek the advice of your physician with any questions you may have regarding a medical condition and you should never disregard medical advice or delay in seeking it because of something you may have read on the Patient Portal. Where ONE posts such information provided by a third party, ONE will make reasonable efforts to include a notice that such information is authored by a third party and not by ONE. Regarding such third-party information, ONE does not warrant, either expressly or by implication, the factual accuracy of the information posted, nor does it adopt any statement as its own, or warrant any information offered by the author of said information. Although ONE believes all statements made to be reliable and accurate based upon representations made by the authors themselves, ONE cannot guarantee that such statements are reliable and accurate and ONE accepts no fault or liability for any error or omission with respect to such statements.

16. Disclaimer of Warranty. THE PATIENT PORTAL IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, ONE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PATIENT PORTAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR RESPONSIBILITY AS TO, OF, OR FOR: (I) YOUR USE OF THE PATIENT PORTAL, INCLUDING DAMAGES RESULTING OR ARISING FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS IN TRANSMISSION, ANY COMPUTER VIRUSES, INFECTIONS, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, COMMUNICATION LINE FAILURES, NON-DELIVERIES, MIS-DELIVERIES, THEFT, OR UNAUTHORIZED ACCESS OF INFORMATION OR ANY FAILURE OR PERFORMANCE OF THE PATIENT PORTAL; (II) ANY DENIAL OR RESTRICTION OF YOUR ACCESS TO THE PATIENT PORTAL IN ANY MANNER BY ONE; OR (III) THE QUALITY, SUITABILITY, ACCURACY, FUNCTIONALITY, OR OPERATION OF THE PATIENT PORTAL. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE PATIENT PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE PATIENT PORTAL OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE PATIENT PORTAL. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

17. Patient Portal Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL ONE (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS) HAVE ANY LIABILITY TO ANY MEMBER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, AND STRICT LIABILITY IN TORT), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS OR LOST PROFITS IN CONNECTION WITH OR ENSUING FROM (I) THE USE OR INABILITY TO USE THE PATIENT PORTAL, (II) ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE PATIENT PORTAL, INCLUDING ANY OFFERS OR INCENTIVES REALIZED BY YOU THROUGH YOUR USE OF THE PATIENT PORTAL; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PATIENT PORTAL, (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATED TO THE PATIENT PORTAL OR ANY ONE CONTENT OR INFORMATION PROVIDED ON THE PATIENT PORTAL, EVEN IF ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING ELSE SET FORTH HEREIN, THE MAXIMUM LIABILITY OF ONE FOR DAMAGES FROM ANY CLAIM ARISING FROM YOUR USE OF THE PATIENT PORTAL SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

18. Indemnity. You understand and agree that you are personally responsible for your behavior in connection with the Patient Portal. You agree to indemnify, defend, and hold ONE, its officers, directors, shareholders, employees, agents, representatives, successors and assigns and any third-party information or content providers to the Patient Portal, harmless from any loss, liability, claims, demands, damages and costs (including, but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, made by any third party, due to or arising out of (i) your use or misuse of the Patient Portal by you or any other person using your Membership Account, including without limitation, any false or fraudulent transaction; (ii) any violation or breach of this Agreement; or (iii) any violation of any of the rights of any other third party.

COPYRIGHT POLICY

It is the policy of ONE to respect the intellectual property of others and thus to respond to effective notices of alleged infringement of copyright material where the copyright material is available at, or from, a system or network controlled or operated by or for ONE.

1. Notification. If you are alleging that copyrighted material may have been or is being infringed (hereinafter, you are a “complaining party”), then you may notify ONE pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the US Digital Millennium Copyright Act, 17 U.S.C. § 512(c), by sending notice to the following Agent, who has been designated by ONE to receive notifications of alleged copyright infringement, Mona Reimers.

Each notification of infringement must include the following: 1. a description of the allegedly infringed work in which copyright is claimed; 2. a description of the allegedly infringing material and information reasonably sufficient to permit ONE to locate the material; 3. information sufficient for ONE to contact you, including your name, address, telephone number and/or email address; 4. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, by its agent, or the law; 5. a statement by you, made under penalty of perjury, that the above provided information is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and 6. a physical or electronic signature of the copyright owner or a person authorized to act on such owner’s behalf.

2. Response. In response to each notification of infringement containing the information specified under the heading “Notification” above, ONE or its Agent shall: 1. promptly remove or disable access to the material that is deemed infringing; 2. promptly provide written notification to the alleged infringer; and 3. take reasonable steps promptly to notify the alleged infringer that it has removed or disabled access to the material.

3. Counter Notification. Such alleged infringer may serve a Counter Notification on the designated Agent. Each Counter Notification must include the following: 1. identification of the material that has been removed or to which access has been disabled; 2. a statement, made under penalty of perjury, that the alleged infringer has a good-faith belief that the material was removed or disabled through mistake or misidentification; 3. the alleged infringer’s contact information, including name, address, telephone number, and a statement that the alleged infringer consents to the jurisdiction of the federal district court for the judicial district in which such address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which ONE may be found, and that the alleged infringer will accept service of process from the complaining party who provided notification pursuant to the heading “Notification” above or an agent or such person; 4. a physical or electronic signature of the alleged infringer or a person authorized to act on the alleged infringer’s behalf.

4. Response to Counter Notification. In response to each Counter Notification containing the information specified under the heading “Counter Notification” above, ONE or its Agent shall: 1. promptly provide the complaining party with a copy of the Counter Notification; 2. inform the complaining party that it intends to replace the removed material or cease disabling access to it within ten (10) business days; 3. replace the removed material or cease disabling access to the material within fourteen (14) business days following receipt of the Counter Notification, provided that ONE or its Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activity relating to the material on ONE’s system or network.

NOTICE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider, under Title 17, United States Code, Section 512(f). Last updated: 07/26/2010_

PRIVACY POLICY

The Privacy Policy below outlines the type of information ONE collects and receives from you while you are using the Patient Portal, as well as ways in which we process and, sometimes, share such information and how you can correct or change such information. PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY. YOUR REGISTRATION AS A “MEMBER” TO USE THE PATIENT PORTAL SIGNIFIES YOUR AGREEMENT TO THE TERMS OF THIS PRIVACY POLICY.

1. How ONE Collects “Personal Information”.

a. “Personal Information” you provide to us “Personally Identifiable Information” is any information that can be used to identify a specific individual, such as your name, email address, home address, and phone number. ONE asks you to provide such personal data in various places throughout the Patient Portal. In addition, we will ask that you to provide ONE with additional “Non-Public Personal Information” about you, including, for example, age, weight, height, race, ethnicity, and marital status. As part of your use of the Patient Portal, ONE will also ask you to provide certain health information. This health information may be Non-Public Personal Information or Personally Identifiable Information and includes “Protected Health Information,” or “PHI.” ONE’s collection and use of PHI is detailed more thoroughly in its standard “ NOTICE OF PRIVACY PRACTICES ” which is incorporated into this Privacy Policy. Collectively, “Personally Identifiable Information,” “Non-Public Personal Information,” and “Protected Health Information” are referred to herein as “Personal Information.” Some of the areas where ONE will collect information about you are listed below:

Member Registration: In order to use many of the Patient Portal’s features, tools, and services, we ask you to register to become a Member. During this member registration process, we will ask you for certain Personal Information, such as your name, date of birth, and email address.

Questionnaires: As a prospective or existing patient, ONE may ask you to complete questionnaires, such as a personal medical history questionnaire. Such questionnaires will ask you for Personal Information such as allergies, medications, hospitalization history, prior diagnoses, surgical history, family history, and social history.

b. “Web Activity Information” gathered by ONE and its third-party service providers

When you visit the Patient Portal and interact with the services and tools that reside there, ONE may collect information on your actions at the Patient Portal (“Web Activity Information”). In doing so, ONE may utilize the services of certain third party service providers. This type of Web Activity Information is generally collected from two sources. One is from the server log files and the other is from cookies.

IP Address

Your IP address is a number that is assigned by your ISP (Internet Patient Portal Provider) to your computer to identify its location. We use your IP address to help diagnose problems with our server and to administer our Patient Portal. We also sometimes use IP addresses to communicate with Members and possibly even ban those Members who are not complying with our Agreement.

Cookies

Our Patient Portal may use a feature of your browser to set a "cookie" on your computer. Cookies are small packets of information that a site's server stores on your computer. ONE can then read the cookies whenever you visit the Patient Portal. We use cookies to save your password so you don't have to re-enter it each time you visit our site, to deliver content specific to your interests, and to track the pages you've visited. These cookies allow us to use the Web Activity Information we collect to customize your Web experience so that your visit to the Patient Portal is as relevant and as valuable to you as possible.

You may modify your browser preference to provide you with choices relating to cookies. You have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies you may be unable to use that part of the Patient Portal that requires registration in order to participate or will have to sign in each time you visit the ONE Patient Portal.

2. Guidelines Regarding Children.

Personal information about children is a concern for all of us. At ONE, we take the protection of children's privacy very seriously. ONE encourages participation in the Portal by all patients, including children. However, if the ONE patient is a minor child, then his or her parent or legal guardian must register for him or her and his or her parent or legal guardian must submit information to the Portal on behalf of the child.  Persons who are known to be under the age of 18 are prohibited from becoming a Member. 

3. How the Patient Portal Works and How ONE uses the “Personal Information” it collects.

ONE uses the Personal Information and Web Activity Information you provide for several purposes, such as to communicate with you and to give you a better experience when visiting the Patient Portal by personalizing tools, content, services and messages. ONE also uses this Personal Information to build new services that ONE believes are more relevant and valuable to you.

More specifically, when you register with ONE and provide us with Personal Information you are able to edit that information. Much of this information may be voluntarily provided by you. You will have access to some of the Personal Health Information that reflects visits to our office. You may access this for treatment requests and as a reference for your personal health record.

In addition, the Non-Public Personal Information and Web Activity Information collected by ONE is used to create aggregated portraits of the ONE audience, portraits which present anonymous statistical demographic information, but no personal data or Personally Identifiable Information is linked to it. This aggregated information is used, among other things, to determine trends and needs. For example, a poll may be posted in the Portal to determine members’ interest in a new service.

4. Disclosure of “Personal Information” to Certain Third Parties.

ONE does not sell or otherwise share any Personal Information with unaffiliated third parties without your prior consent, except in the following instances: (i) as required by applicable law or pursuant to a court or similar order; (ii) as deemed necessary, in ONE’s discretion, to protect the legal rights or the property of ONE, a member or third party, or to prevent personal injury; and/or (iii) in the event of a sale, merger, assignment, joint venture or other transfer or disposition of a portion or all of the assets or stock of ONE (including, but not limited to, in connection with a bankruptcy or similar proceedings).

In addition, ONE may provide Personal Information, typically Web Activity Information, to third parties who are providing technical or fulfillment services on behalf of ONE when such disclosure is lawful and required in order to provide those services, provided that such third parties agree to be bound by ONE’s Privacy Policy.

In each of the limited and infrequent instances described above, you have provided your consent under the terms of this Privacy Policy for ONE to share your Personal Information with the third parties that are described above.

5. ONE’s Opt-Out Policy.

At any time, you can contact us at phone number 260 484 8551 and ask to speak to the EDI department to unsubscribe from the Patient Portal and opt-out of our right per your consent under the terms of this Privacy Policy to collect and use your Personal Information. Notwithstanding anything else in this Privacy Policy, please note that ONE always reserves the right to contact you in the event of a change in the Agreement, including this Privacy Policy, or to provide you with any Patient Portal related notices. At any time, you can “opt-out” of the Patient Portal and request that ONE remove from the Patient Portal any Membership Account or profile containing your Personal Information.

6. Links to other Sites.

The Patient Portal may contain links to third-party Web sites that are not co-branded or affiliated with ONE in any way. We cannot be responsible for the privacy practices or the content of such non-affiliated Web sites, and we do not control the practices of the operators of any third-party Web site.

7. Access and Correction. ONE provides you with the ability to access, correct or change the Personal Information in your Membership Account at any time, including contact information or other information you've provided to us. All changes are subject to review and approval by ONE.  However, you cannot currently change your member name although you may re-register and choose a new name. To review, modify, or delete your Personal Information after you have registered, please log in to the Patient Portal and select “Update your demographic information”. Please be advised that ONE currently archives information it collects on its Members.

8. How we protect and secure your “Personal Information”. The importance of security for all Personal Information associated with our Members is of utmost concern to us.

First, to access Personal Information you’ve provided to us through the Patient Portal, one must use your password. We recommend that you do not share your password with anyone.

Second, we exercise reasonable care in providing secure transmission of your Personal Information from your PC to our servers and ensuring the security of your information on our systems. For example, the Patient Portal is hosted on server equipment owned and operated by ONE (not a third party vendor). The Patient Portal is hosted on a secure Web server (HTTPS) and ONE uses Secure Sockets Layer (SSL) encryption on all Web pages of the Patient Portal where Personal Information is collected. ONE uses SSL encryption and otherwise exercises reasonable care in providing secure transmission of information from your personal computing device to our server equipment and ensuring the security of your information on our systems. To use the Patient Portal, you must use an SSL-enabled browser to protect the confidentiality of your Personal Information while it is transmitted over the Internet. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we take steps to protect your information, ONE can't ensure or warrant the security of any “Personal Information” you transmit to us or from our online products or services, and you do so entirely at your own risk.

9. Applicable Law. We control and operate the Patient Portal from the United States. The Patient Portal is not intended to subject us to the privacy laws or jurisdiction of any state, country, or territory other than that of the United States. Please note that we do not represent or warrant that the Patient Portal is appropriate for use in any particular jurisdiction. Those who choose to access the Patient Portal do so at their own initiative and are responsible for complying with all local laws, rules, and regulations.

10. Changes to this Privacy Policy. We will notify our Members when we make any significant changes to this Privacy Policy that affect the use of any Personally Identifiable Information we collect. We will not make new use of any Personal Information which ONE gathered from individual Members prior to any such significant change in our Privacy Policy without first obtaining the Member's consent for any new uses. ONE reserves the right to make non-significant changes to our Privacy Policy that will not affect ONE’s use of a user's Personal Information at any time without any notice to you other than posting any such changes in a revised Privacy Policy on the Patient Portal. We encourage you to periodically review our Privacy Policy to be sure you are familiar with the most current version. The Privacy Policy will include the most recent date in which any revision has been made. Please note that this Privacy Policy is also incorporated into the Agreement.

11. Contact Information. If you have questions about this Privacy Policy or anything else regarding our use or sharing of your Personal Information or information about the Patient Portal, you can call ONE at 260 484 8551 and ask for our Privacy Officer.

GENERAL TERMS

1. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Patient Portal shall be filed only in the state courts located in Allen County in the State of Indiana or the federal courts located in Allen County in the State of Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

2. Entire Agreement; Order of Precedence; Waiver; Severability. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you, as a Member, and ONE with respect to the Patient Portal and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and ONE with regard to the Patient Portal. To the extent of any conflict or ambiguity between this Agreement and any other terms and conditions as posted on the Patient Portal, the terms of this Agreement shall govern to the extent of any conflict or ambiguity. ONE’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid or unenforceable, that portion shall be deemed to be substituted with a valid, enforceable provision which most closely reflects the original intent of the parties, and the remaining portions shall remain in full force and effect.

3. Comments. If you have any comments or questions about this Agreement or the Patient Portal, please contact us by telephone at 260 484 8551.

4. Other. This Agreement is accepted upon your use of the Patient Portal, and is further affirmed by you becoming a Member of the Patient Portal. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT. I UNDERSTAND THE RISKS ASSOCIATED WITH ONLINE COMMUNICAITONS. ANY QUESTIONS I MAY HAVE HAD WERE ANSWERED. BY CHECKING “I ACCEPT” BELOW I INTEND TO SIGN THIS AGREEMENT, I HEREBY GIVE MY INFORMED CONSENT TO PARTICPATE IN THE ONE PATIENT PORTAL, AND I HEREBY AGREE TO AND ACCEPT ALL OF THE PROVISIONS CONTAINED ABOVE. A COPY OF THIS AGREEMENT WILL BE INCLUDED IN MY MEDICAL RECORD.

INDICATE YOUR ACCEPTANCE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY CLICKING "I ACCEPT" BELOW AND FOLLOWING THE OTHER INSTRUCTIONS IN THE REGISTRATION PROCESS.

If you choose not to become a member of the portal choose "I DO NOT ACCEPT"