PracticeHwy.com, Inc. (“PracticeHwy”) is the developer and owner of a proprietary Internet-based service that, among other functions, collects, processes, formats, stores and distributes patient medical information, scheduling information, and quality assurance information (“Service”).

THE SERVICE THAT PRACTICEHWY PROVIDES TO YOU IS SUBJECT TO THE FOLLOWING TERMS OF USE.  PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.  BY CLICKING ON THE “I ACCEPT” BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT THE FOLLOWING TERMS OF USE.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS THIS website OR UTILIZE ANY OF THE SERVICES PROVIDED ON OR THROUGH THIS SITE.

1.        Children’s Online Privacy Protection Act. In compliance with the Children’s Online Privacy Protection Act, you must be eighteen (18) years of age or older to submit personal medical data and information.  In utilizing this Service, you represent that you are over eighteen (18) years of age. 

2.        Access and Use of Service by Patient. PracticeHwy and your healthcare provider shall provide to you the non-exclusive right to access the Service through your healthcare provider’s website.  The Service will process medical data you input (“Processed Data”), for the limited purpose of maintenance and storage of your medical records.  “Patient(s)” shall mean individuals like yourself and/or the legal guardians thereof, who utilize the Service; and the term “Patient Medical Data” shall mean your medical data and information as entered into the Service pursuant to the terms and conditions provided herein and which, upon authorization, will be shared with other healthcare providers.

3.        Patient’s Warranties. You represent and warrant to PracticeHwy that you have the capacity to understand and accept these terms.  You also represent, warrant and covenant that, to the best of your knowledge, you shall not upload, post or transmit to or through the website or the Service any file that: (i) contains a computer virus or other harmful component; or (ii) contains false or misleading information.  Furthermore, you represent and warrant that you are not accessing the service under misrepresentation or false identification.  If you are inputting Patient Medical Data on behalf of another, you warrant and represent that you have the right to be binding to that other person. 

4.        Term and Termination of Service.  These Terms of Use will commence as soon as you access and use the Service and continue for the duration of your access.  PracticeHwy and your healthcare provider shall have the right to terminate your access to all or part of this website at anytime, without notice or liability. 

5.        Service Nature. YOU SHOULD NOT SOLELY RELY ON INFORMATION PROVIDED THROUGH THIS WEBSITE OR SERVICE OR USE THE SERVICE TO REPLACE YOUR DUTY TO ADHERE TO THE REQUIRED STANDARD OF CARE IN YOUR MEDICAL COMMUNITY OR PROFESSIONAL MEDICAL JUDGMENT INCLUDING WITHOUT LIMITATION, WITH RESPECT TO DECISIONS ABOUT MEDICATIONS, DIAGNOSIS OF DISEASES, DETERMINING TREATMENTS OR PERFORMING ANY OTHER TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE.  YOU AGREE THAT YOUR USE OF THIS WEBSITE AND THE SERVICE SHALL NOT DIMINISH YOUR RESPONSIBILITY FOR PATIENT CARE.

6.        Links to other Websites. This website may contain links and pointers to other Internet sites, resources, and sponsors.  Links to and from this website to other third party sites, maintained by third parties, do not constitute an endorsement by PracticeHwy   Please consult the terms and conditions of use and privacy policies of these other sites prior to using the other sites.

7.        Confidentiality.  PracticeHwy and your healthcare provider shall deploy commercially reasonable and available security measures to protect the integrity and confidentiality of your Patient Medical Data and Processed Data.

8.        Security. You ensure that you will: (a) be responsible for the security and/or use of your user id and password; (b) not permit any other person or entity to use your user id and password; and (c) access and use the Service in accordance with these Terms of Use and all applicable local, state, and federal laws and regulations.  You shall also be responsible for: (d) your obligations under these Terms of Use and the restrictions set forth in these Terms of Use; and (e) your use of the Service.  PracticeHwy and your healthcare provider reserves the right to deny or revoke access to the Service, in whole or in part, if PracticeHwy reasonably believes that you are in breach of these Terms of Use or are otherwise using or accessing the Service inconsistent with the Terms of Use.

9.        Privacy.  The patient information accessed through this website and contained in the Service is confidential in accordance with state and federal law, including without limitation the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  Please consult your practice’s Privacy Policies to determine whether your use or disclosure of this information is appropriate.  PracticeHwy may monitor your use of this website and the Service and may use any information collected through your use of this Service in accordance with PracticeHwy’s Licensing Agreement with your healthcare provider.  

10.     Disclaimer.  PracticeHwy  and its affiliates, subcontractors and third party licensors, if any, make no representations or warranties, whether express, implied or statutory regarding or relating to the service provided to you under this agreement, and without limiting the generality of the foregoing, PracticeHwy  specifically disclaims any and all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The service is provided “as is, and with all faults.” PracticeHwy does not guarantee that your access to the service provided under this agreement will be uninterrupted, error free or secure.  PracticeHwy is not a health services provider and makes no representation or warranty, express or implied, to you of the service regarding the completeness or accuracy of the patient medical data you enter or processed data, nor any interpretation, medical decision or course of medical treatment related thereto.  Further, PracticeHwy does not warrant to you the availability of the service at all times and specifically excludes availability during scheduled downtime for maintenance purposes, unscheduled maintenance and system outages, and/or availability of the service for reasons beyond PracticeHwy’s control.

11.     Limitation of liability. PracticeHwy  and its affiliates, subcontractors and third party licensors shall not be liable for any loss of use, business interruption, loss of or damage to your patient medical data, cost of cover, direct, indirect, special, punitive, incidental or consequential damages of any kind in connection with or arising out of the furnishing, performance or use of the service under these terms of use, whether alleged as a breach of contract or tort, including negligence, even if PracticeHwy  has been advised of the possibility of such damages.  In addition, PracticeHwy will not be liable for any damages caused by any delay in delivery or furnishing access to the service under these terms of use.  Since the service is provided to you at no charge, PracticeHwy shall not be liable under these terms of use for any damages of any kind.

12.     Indemnification.  PracticeHwy does not have any responsibility for your medical treatment or care. You shall indemnify, defend and hold harmless PracticeHwy  , its directors, officers, employees, agents, successors and assigns and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, arising out of or relating to: (a) any injury resulting from the use of your patient medical data or processed data; (b) any claim that your patient medical data and/or processed data is inaccurate or incomplete; (c) any non-compliance with the terms of this agreement; (d) claims that content or information provided by you infringes the intellectual property rights of a third party; or (e) any breach of these terms of use by you.

13.     Governing Law; Jurisdiction and Venue; Arbitration.  ANY JUDICIAL PROCEEDING BROUGHT BY OR AGAINST ANY OF THE PARTIES TO THIS AGREEMENT ON ANY DISPUTE ARISING OUT OF THIS AGREEMENT OR ANY MATTER RELATED HERETO SHALL BE BROUGHT IN ANY FEDERAL OR STATE COURT SITTING IN DALLAS COUNTY, TEXAS, AND EACH OF THE PARTIES TO THIS AGREEMENT ACCEPTS FOR ITSELF THE EXCLUSIVE JURISDICTION AND VENUE OF THE AFORESAID COURTS AS TRIAL COURTS, AND IRREVOCABLY AGREES TO BE BOUND BY FINAL NON-APPEALABLE JUDGMENT RENDERED IN CONNECTION WITH THIS AGREEMENT.  THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED UNDER AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES.  THE PARTIES AGREE TO SUBMIT ALL DISPUTES ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT TO BINDING ARBITRATION, CONDUCTED IN DALLAS, TEXAS IN ACCORDANCE WITH THE RULES PROMULGATED BY THE AMERICAN ARBITRATION ASSOCIATION.