PINNACLECARE
TERMS AND CONDITIONS
ONLINE MEDICAL RECORD ACCESS

YOUR DECISION TO PLACE YOUR MEDICAL RECORDS ONLINE THROUGH PINNACLECARE'S WEBSITE ("Electronic Health Records") IS SUBJECT TO THE FOLLOWING LEGALLY BINDING TERMS AND CONDITIONS ("AGREEMENT"). BY ACCESSING OR USING PINNACLECARE'S Electronic Health Records, YOU AGREE TO BE BOUND BY THE PROVISIONS OF THESE NOTICES, TERMS, AND CONDITIONS. PINNACLECARE RESERVES THE RIGHT TO MODIFY THESE TERMS AND CONDITIONS AT ANY TIME SUBJECT TO NOTIFYING OUR MEMBERS IN ACCORDANCE WITH THE NOTIFICATION PROVISIONS IN EACH MEMBERS' MEMBERSHIP AGREEMENT WITH PINNACLECARE. UNLESS YOU CANCEL YOUR ELECTION TO USE Electronic Health Records AFTER NOTIFICATION OF ANY MODIFICATIONS TO THESE TERMS AND CONDITIONS, YOU WILL BE BOUND BY SUCH MODIFICATIONS. THIS DOCUMENT IS THE CONTROLLING DOCUMENT WITH RESPECT TO THE MUTUAL AGREEMENT BETWEEN PINNACLECARE AND YOU FOR YOUR USE OF Electronic Health Records. NO OTHER WRITTEN OR ORAL COMMUNICATION, OTHER THAN A MODIFICATION AS PROVIDED FOR IN YOUR MEMBERSHIP AGREEMENT SHALL SUPERSEDE OR AMEND THIS DOCUMENT.

1. EXTENT OF SERVICES

PinnacleCare gathers, aggregates, digitizes, stores, and disseminates to authorized individuals medical records and related documents via the Internet. Documents are gathered from you and health care providers that you identify and authorize to release documents to PinnacleCare. The frequency of issuing requests for documents to authorized providers is based on your PinnacleCare membership agreement.

PinnacleCare is not involved in any way with the practice of medicine and Electronic Health Records is not a substitute for professional medical advice. Materials available through Electronic Health Records are for informational purposes only. The digital medical record information that is assembled for you by PinnacleCare is not a substitute for the medial records that remain in the custody of your health care providers or you and cannot be relied upon as complete or accurate. You should contact your physician if you have any question regarding your medical condition or if you need medical help with a medical condition. If you need emergency medical help, you should immediately call 911 or your physician.

The materials on this Electronic Health Records are intended for the education of and use of adults only, and are not intended for presentation directly to children. PinnacleCare, its licensors, and its suppliers are not responsible for disclosures of content from its Electronic Health Records to children. PinnacleCare is not responsible for any errors or omissions in reports and records received from you or from others that you have authorized to disclose such information to PinnacleCare.

2. PROTECTION OF RECORDS

PinnacleCare will undertake all commercially reasonable efforts to protect your records from improper unauthorized disclosure, technical failures and computer viruses, but cannot guarantee the integrity of your records, and cannot guaranty the integrity of your medical records on or over the Internet or its ability to avoid damage to your records resulting from improper unauthorized disclosure, technical failure or computer virus.

3. ACCESS TO RECORDS

When you agree to use PinnacleCare's Electronic Health Records, you will be asked to choose a password. Your password will be used to identify you when communicating with PinnacleCare and to allow online access to your health records via Electronic Health Records. You are responsible for the security of your password. If an unauthorized person gains access to your password, or uses your password, they will gain access to the information about you stored on the PinnacleCare Electronic Health Records. Only you can provide access to your medical records by providing your password to others. In the event you allow another person to use your password, you are responsible for such person's subsequent use of the information about you he or she may acquire. PinnacleCare has no ability to control, regulate or monitor such subsequent use.

PinnacleCare will make reasonable efforts to ensure that your records remain confidential. However, PinnacleCare cannot guarantee absolute security of our systems, and cannot ensure that our security precautions will prevent access to your information by unauthorized individuals.

PinnacleCare will undertake all commercially reasonable efforts attempt to keep its Electronic Health Records available 24 hours a day, 7 days a week. However, we cannot assure absolute availability of Electronic Health Records due to force majeure. PinnacleCare does not control Internet access, which can be disturbed for many reasons beyond PinnacleCare's control.

PinnacleCare will undertake all commercially reasonable efforts to provide for the services of an Advisor 24 hours a days, 7 days a week to assist you in accessing your online medical records. However, we cannot assure absolute availability of an Advisor at all times due to force majeure.

PinnacleCare will undertake all commercially reasonable efforts to ensure that Electronic Health Records is free of computer viruses or similar malicious programs that might infect your computer but cannot guarantee protection against them.

You agree to hold PinnacleCare and our agents and business partners harmless from any failure to maintain the security or confidentiality of your information.

4. YOUR USE OF THE PINNACLECARE Electronic Health Records

You agree not to use our Electronic Health Records in any way that would interfere with or disrupt the operation of Electronic Health Records or the networks or servers connected to the site in any manner; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; to upload, post or otherwise transmit any content that infringes the proprietary rights of any third party, or is otherwise unlawful or offensive; to harass or otherwise harm PinnacleCare or any other person or entity; or to engage in commercial activities of any kind. Any unauthorized use of the site will result in termination of all rights to use the site and may be subject to legal action.

5. MEDICAL DISCLAIMER/ASSUMPTION OF RISK

PINNACLECARE'S Electronic Health Records IS NOT DESIGNED TO, AND DOES NOT, PROVIDE MEDICAL ADVICE. All content, including text, graphics, images, and information, available on or through PinnacleCare's Electronic Health Records ("Content") is for general informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON PINNACLECARE'S Electronic Health Records. NEVER RELY ON INFORMATION ON PINNACLECARE'S Electronic Health Records IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE.

PINNACLECARE IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS SITE OR FROM YOUR PHYSICIAN WHO MAY ACCESS INFORMATION OR SERVICES THROUGH THIS SITE.

You are encouraged to confer with your doctor with regard to information contained on or through PinnacleCare's Electronic Health Records.

PinnacleCare is not responsible for ensuring the identity of any healthcare provider who is using PinnacleCare services pursuant to your authorization or for ensuring that the healthcare provider is your healthcare provider.

YOU AGREE THAT YOUR USE OF THE PINNACLECARE Electronic Health Records IS ENTIRELY AT YOUR OWN RISK. PinnacleCare will undertake all commercially reasonable efforts secure your electronic health records. NEVERTHELESS, WITHOUT LIMITING ANY OF THE FOREGOING, EVERYTHING AVAILABLE THROUGH PINNACLECARE, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF THE INFORMATION. PINNACLECARE DOES NOT WARRANT THAT ANY SERVICE PROVIDED THROUGH THE PINNACLECARE SITE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DOES PINNACLECARE WARRANT THAT ITS SERVICES WILL BE FREE FROM COMPUTER VIRUS STRAINS. PINNACLECARE'S SERVICES MAY INCLUDE INFORMATION, PRODUCTS, MATERIALS, AND OTHER SERVICES CONTAINED ON OR PROVIDED THROUGH PINNACLECARE'S Electronic Health Records, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, AND COOKIES.

6. LIMITATION OF LIABILITY

NEITHER PINNACLECARE NOR ITS EMPLOYEES OR AGENTS WILL IN ANY EVENT BE LIABLE FOR ANY COSTS, DAMAGES OR EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR INCOME), FOR ANY REASON RESULTING FROM THE USE OR INABILITY TO USE PINNACLECARE'S Electronic Health Records OR CALL CENTER.

PINNACLECARE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION, OR APPLICATION OF MEDICATION OR PREPARATION BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH PINNACLECARE.

PINNACLECARE WILL UNDERTAKE ALL COMMERICALLY REASONABLE EFFORTS TO ENSURE THAT THE MATERIALS ON Electronic Health Records ARE ACCURATE AND REFLECT THE MATERIALS PROVIDED TO PINNACLECARE BY YOU OR YOUR DESIGNEE. HOWEVER, PINNACLECARE IS NOT RESPONSIBLE FOR ANY OMISSIONS OR ERRORS IN THE MATERIALS PROVIDED TO IT BY YOU OR THIRD PARTIES AND DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON ITS Electronic Health Records ARE ACCURATE, RELIABLE, COMPLETE, OR CURRENT.

PINNACLECARE, ITS AFFILIATED ENTITIES AND EACH RESPECTIVE ORGANIZATION'S DIRECTORS, MANAGERS, OFFICERS AND EMPLOYEES HEREBY DISCLAIM ANY LIABILITY TO YOU FOR THE USE OF THE PINNACLECARE SERVICES AVAILABLE THROUGH THE PINNACLECARE Electronic Health Records AND FOR ANY CLAIMS RELATING TO ALLEGATIONS OF PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA (THE "CLAIMS"), WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, Electronic Health Records OR ANY MATERIAL OR INFORMATION CONTAINED IN, OR ACCESSED THROUGH Electronic Health Records, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PINNACLECARE IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF A CLAIM.

AS ANY ALLEGATION OF DAMAGES WOULD BE DIFFICULT IF NOT IMPOSSIBLE TO DETERMINE, YOU AGREE THAT THE TOTAL LIABILITY OF PINNACLECARE FOR ACTUAL DAMAGES SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO PINNACLECARE DURING THE TWELVE MONTHS PRECEING THE EVENT GIVING RISE TO SUCH ALLEGATIONS OF LIABILITY, OR IF NO AMOUNTS HAVE BEEN PAID BY YOU, ONE THOUSAND DOLLARS ($1,000). IN NO EVENT SHALL PINNACLECARE, NOR ANY OF ITS MANAGERS, EMPLOYEES, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF Electronic Health Records MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.

WHEN USING THE PINNACLECARE SERVICES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF PINNACLECARE. ACCORDINGLY, PINNACLECARE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE PINNACLECARE SERVICES.

7. THIRD PARTY CONTENT AND LINKS

PinnacleCare is not responsible and will not be held liable for any third party content on its Electronic Health Records or any third-party content, products or services available on another Electronic Health Records through a link from Electronic Health Records. Links to third-party sites are for your convenience only, and their inclusion on Electronic Health Records does not imply any endorsement, guarantee, warranty or representation by PinnacleCare.

8. PROPRIETARY RIGHTS

Electronic Health Records and all materials on Electronic Health Records, including, without limitation, PinnacleCare's databases, trademarks and logos on Electronic Health Records, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

All of the content of PinnacleCare's Electronic Health Records, including text, art, graphics, logos, button icons, images, pictures, audio clips, and software is the property of PinnacleCare, our members, partners, or content providers and is protected by U.S. and international copyright laws. Except as granted in the limited license below, any other use of such content, including modification, transmission, presentation, distribution, or republication is prohibited without the express prior written consent of PinnacleCare.

All trademarks, trade names, logos, brand names, and service marks of PinnacleCare, whether registered or unregistered, are the property of PinnacleCare and are protected by U.S. and international trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without the express prior written consent of PinnacleCare. In no event may any such assets be used in connection with any product or service that is not PinnacleCare's, in any manner that is likely to cause confusion or in any manner that disparages or discredits PinnacleCare. All other trademarks, trade names, brand names, company names and/or logos appearing on Electronic Health Records are the property of their respective owners.

All patents and patent applications of PinnacleCare are the property of PinnacleCare and are protected by U.S. and international patent laws. Any use of these patented or patentable assets is prohibited without the express prior written consent of PinnacleCare.

Subject to this Agreement, PinnacleCare grants you a limited, revocable, non-exclusive, and non-transferable license to download the material on PinnacleCare's Electronic Health Records solely for your personal, non-commercial use. If you violate any provision of this Agreement, your permission to access PinnacleCare's Electronic Health Records and to use such material automatically terminates and you must immediately destroy any copies you have made of any portion of such material.

As a condition to your use of PinnacleCare's Electronic Health Records and services, you agree you will not: (i) use PinnacleCare's Electronic Health Records or services to infringe the intellectual property rights of others in any way; (ii) use PinnacleCare's Electronic Health Records or services, or attempt to penetrate, modify or manipulate PinnacleCare's Electronic Health Records or services or any of the hardware or software thereof, in order to: invade the privacy of, obtain the identity of, or obtain any personal information about any other user of PinnacleCare's Electronic Health Records or services; (iii) attempt to access information that is not otherwise deliberately made available to you through PinnacleCare's Electronic Health Records or services; (iv) modify, erase or damage any information contained on the computer of any user connected to PinnacleCare's Electronic Health Records or services; or (v) reverse engineer any portion of PinnacleCare's Electronic Health Records or services. PinnacleCare's Electronic Health Records or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes not expressly permitted in writing by PinnacleCare.

PinnacleCare reserves the right to refuse service and terminate accounts, for reasons including, but not limited to, a belief by PinnacleCare, in its absolute discretion, that user conduct violates applicable law or is harmful to the interests of PinnacleCare, its members, partners, suppliers, or other users, or for any other reason, at PinnacleCare's sole discretion, with or without cause.

You agree that you will not upload or transmit any communication or content of any type that infringes or violates any rights of any person.

9. LIMITED AND EXCLUSIVE COMMERCIAL RIGHTS

In consideration of receiving services, you grant PinnacleCare exclusive commercial rights to store your medical records in electronic form for a period concurrent with your membership. PinnacleCare will not sell or disclose any information in your medical records other than pursuant to your authorization.

The exclusive commercial rights include use of any electronic copy of your medical records. The foregoing exclusive commercial rights:

• Do not in any way limit the commercial or other use of your medical records created by your health care providers that are in your possession or the possession of your health care providers; and
  
  
• Do not in any way limit the creation or use of alternative electronic copies of your original medical records, as defined above, as long as PinnacleCare services or products were not involved directly or indirectly in the creation of such alternative electronic copies.

10. GENERAL TERMS AND CONDITIONS

This Agreement constitutes the entire agreement between you and PinnacleCare in connection with your use of the PinnacleCare Electronic Health Records and supersedes any and all prior agreements or discussions, whether written or oral between you and PinnacleCare solely with regard to use of the PinnacleCare Electronic Health Records. It is explicitly agreed to by the parties that the terms and conditions of your membership in PinnacleCare are unaffected by you entering into this Agreement. This Agreement may only be modified by written consent of both parties.

This Agreement shall be governed by the laws of the State of Maryland. You hereby consent to the jurisdiction and venue of the courts of Maryland. You should be aware that some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion for incidental or consequential damages that are contained in this Agreement. By agreeing to be bound hereunder, you may be waiving legal rights that could be available to you in another jurisdiction.

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any materials or information derived from PinnacleCare's Electronic Health Records to either a foreign national or a foreign destination in violation of such laws.

You agree to indemnify, defend, and hold harmless PinnacleCare, its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any claims, actions or demands, liabilities, and settlements, including but not limited to, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of this Agreement or any activity related to your account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing Electronic Health Records using your account.

In the event of a dispute between you and PinnacleCare arising out of or relating to this Agreement, your use of the PinnacleCare services or Electronic Health Records or your relationship with PinnacleCare, you agree to that any such dispute shall then be tried and litigated exclusively in the Circuit Court for Baltimore City, Maryland.

PinnacleCare is based in the State of Maryland in the United States of America. PinnacleCare makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the PinnacleCare content and services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

This Agreement and all other legal notices posted by PinnacleCare on its Electronic Health Records constitute the entire agreement between you and PinnacleCare with respect to the use of the PinnacleCare Electronic Health Records and services. Your use of the PinnacleCare services is also subject to the PinnacleCare Privacy Policy. In the event of a conflict in this Agreement relating to the various PinnacleCare services, this document will control. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.

Our failure to exercise or enforce any right or provision of this Agreement or other legal notices posted by PinnacleCare on this Electronic Health Records shall not constitute a waiver of such right or provision. No waiver of any of this Agreement or of any other legal notices posted by PinnacleCare on this Electronic Health Records shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If any provision of this Agreement or of any other legal notices posted by PinnacleCare on this Electronic Health Records 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 this Agreement should remain in full force and effect.

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement or of any other legal notice posted by PinnacleCare on PinnacleCare's Electronic Health Records.

PinnacleCare may assign its rights and duties under this Agreement to any party at any time without notice to you and/or your approval.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

If you have questions or comments regarding PinnacleCare's Electronic Health Records, please contact us at webmaster@pinnaclecare.com, or by post at 250 West Pratt Street, Suite 1100, Baltimore, MD 21201.