Terms of Use
Effective Date: August 1, 2019
ezAccess (“Portal”) is provided by Medical Office Technologies, Inc. (“ezAccess,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of the Portal.
By accessing or using the Portal, you agree to these Terms.
1. Relationship Between ezAccess and Your Healthcare Provider
The Portal is a technology platform that enables communication between you and your healthcare provider (“Provider”).
- Your Provider is responsible for your medical care and the accuracy of your medical information
- ezAccess does not provide medical services, diagnosis, or treatment
- Medical content available through the Portal is supplied by your Provider, not ezAccess
- Your Provider is a “Covered Entity” under HIPAA; ezAccess acts as a “Business Associate” on behalf of your Provider
All questions regarding your medical care, records, or treatment should be directed to your Provider.
2. Not for Emergencies
DO NOT USE THE PORTAL FOR MEDICAL EMERGENCIES.
If you are experiencing a medical emergency:
- Call 911, or
- Contact your Provider directly by phone
Messages sent through the Portal may not be reviewed immediately.
3. Portal Features
The Portal may allow you to:
- View medical records and clinical summaries
- Schedule or request appointments
- Send and receive secure messages
- Request prescription refills
- Make payments and manage billing
- Participate in telemedicine visits
- Complete forms and update personal information
Availability of features depends on your Provider.
4. User Responsibilities
You agree to:
- Provide accurate and complete information
- Maintain the confidentiality of your login credentials
- Notify your Provider promptly if you suspect unauthorized access
- Use the Portal only for lawful and appropriate purposes
Access to the Portal by minors is permitted only if authorized by their Provider or legal guardian, and such access remains under the responsibility of the authorizing party.
You are responsible for all activity under your account, including activity resulting from sharing your credentials, whether authorized or unauthorized.
5. Acceptable Use
You agree not to:
- Use the Portal for fraudulent or unlawful purposes
- Attempt to access other users’ data
- Interfere with system performance or security
- Transmit harmful code (e.g., viruses)
- Use automated tools to scrape or extract data
- Reverse engineer, copy, or modify the Portal
6. Communication and Messaging
- Portal messaging is not real-time and may be delayed
- Response times depend on your Provider
- Do not use messaging for urgent or time-sensitive issues
By using the Portal, you consent to receive communications electronically, including through the Portal, email, or other methods. You acknowledge that:
- Electronic communications may carry some risk despite security measures
- Notifications (e.g., email or SMS alerts) may not be encrypted
- You are responsible for monitoring your messages
7. Payments and Financial Transactions
If enabled by your Provider:
- You may make payments or enroll in payment plans
- Payment processing may involve third-party services
You are responsible for ensuring payment accuracy.
ezAccess is not responsible for billing disputes between you and your Provider.
8. Telemedicine Services
If telemedicine is available:
- Services are provided by your Provider, not ezAccess
- Technical issues (e.g., connectivity or device limitations) may impact visits
- You are responsible for ensuring appropriate equipment and internet access
Telemedicine services may rely on third-party technology providers, for which ezAccess is not responsible.
9. Third-Party Services
The Portal may integrate with or rely on third-party services, including payment processors, communication tools, hosting providers, or telehealth platforms.
ezAccess is not responsible for the availability, accuracy, or practices of such third parties.
10. Data Accuracy and Availability
- Medical information is provided by your Provider
- ezAccess does not guarantee that information is complete, current, or error-free
- The Portal may be unavailable due to maintenance, technical issues, or events beyond our control
11. Privacy
Your use of the Portal is also governed by the ezAccess Privacy Policy.
ezAccess processes health information on behalf of your Provider in accordance with applicable laws, including HIPAA. Requests regarding access, amendment, or correction of your medical records must be directed to your Provider.
12. Security
ezAccess uses administrative, technical, and physical safeguards designed to protect your information. However:
- No system is completely secure
- You share responsibility for protecting your credentials
13. Data Retention
ezAccess may retain your information as necessary to:
- Provide services to your Provider
- Comply with legal and regulatory obligations
- Enforce these Terms
Data may be retained even after your account is deactivated, as required by law or contractual obligations with your Provider.
14. Intellectual Property
The Portal, including its software, design, and functionality, is owned by ezAccess or its licensors.
You are granted a limited, non-exclusive, non-transferable license to use the Portal for its intended purposes. You may not:
- Copy, distribute, or modify the Portal
- Reverse engineer or attempt to extract source code
- Use the Portal for commercial purposes without authorization
15. Suspension or Termination
We may suspend or terminate your access if:
- You violate these Terms
- Your Provider terminates its relationship with ezAccess
- Required by law or security concerns
16. Disclaimer of Warranties
The Portal is provided “as is” and “as available.”
To the maximum extent permitted by law, ezAccess disclaims all warranties, including:
- Accuracy or completeness of information
- Uninterrupted or error-free operation
- Fitness for a particular purpose
You agree that you do not rely on the Portal for medical decision-making without consulting your Provider.
17. Limitation of Liability
To the fullest extent permitted by law, ezAccess shall not be liable for:
- Any medical decisions made by your Provider
- Delays or failures in communication
- Technical issues, outages, or data errors
- Any indirect, incidental, consequential, or special damages
To the extent liability cannot be excluded, ezAccess’s total liability shall not exceed the amount paid by you, if any, for use of the Portal.
18. Indemnification
You agree to indemnify, defend, and hold harmless ezAccess and its affiliates from any claims, damages, liabilities, and expenses arising from:
- Your use or misuse of the Portal
- Your violation of these Terms
- Your violation of any law or third-party rights
19. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Tennessee, without regard to its conflict of law principles.
Any disputes arising out of or relating to these Terms or your use of the Portal shall be brought exclusively in the state or federal courts located in Shelby County, Tennessee, and you consent to the personal jurisdiction and venue of such courts.
20. Force Majeure
ezAccess shall not be liable for delays or failure to perform due to events beyond its reasonable control, including natural disasters, cyberattacks, infrastructure failures, or acts of government.
21. Changes to Terms
We may update these Terms from time to time. Any changes will be effective upon posting the updated Terms on our website.
Your continued use of the Portal after such changes are posted constitutes your acceptance of the revised Terms.
22. Contact Information
Medical Office Technologies, Inc.
Phone: 901-701-1153
Email: support@ezaccessmot.com
23. Acknowledgment
By using the Portal, you acknowledge that:
- ezAccess is a technology provider, not a healthcare provider
- Your Provider is solely responsible for your medical care
- You have read and agree to these Terms
