PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
Acceptance of Terms
You may not interfere with the security of or otherwise abuse the System or any system resources, Content, and/or Services or networks connected to or accessible through the System. You may only use the System for lawful purposes.
This System, including Content and Services, is directed to those individuals and entities located in the United States where Texas Health is offering Content and Services. It is not directed to any person or entity in any jurisdiction where (by reason of location, business decision, nationality, residence, citizenship or otherwise) Texas Health is not offering Content and Services or where the publication or availability of the System and its Content and Services are unavailable or otherwise contrary to local laws or regulations. If this exclusion applies to you, you are not authorized to access or use any of the information on this Website. Texas Health makes no representation that the information, opinions, or other Content or Services, whether or not through the System, is correct, appropriate, or that the System, Content, or Services are available outside of the United States or outside of Texas Health’s specific operating locations. Those who choose to access this System, Content, or Services from other locations do so at their own risk and are responsible for compliance with applicable laws.
Use of Services
The Contents and Services of the System, and the System as a whole, are intended to primarily facilitate healthcare education related services, including logistics, health and well-being information, general patient resources, insurance education, community events, and the like, which may include users signing-in to the System via MyChart or otherwise, processing payment for services and any related products, and the like, as set-forth and defined by Texas Health and subject to change by Texas Health at any time, in Texas Health’s sole discretion. Texas Health provides the System for the aforementioned purposes and use outside of this scope is not approved and is strictly prohibited without the express written permission of Texas Health. More information on the Services and Content and specific terms and conditions of their individual use may be defined in specific services/products agreements with Texas Health and may also be available upon written request to Texas Health. Users may use some or all of the features of the Services and Content. TEXAS HEALTH RESERVES THE RIGHT TO ADD, SUBTRACT, OR CHANGE THESE SERVICES AND CONTENT, AT ANY TIME, IN ITS SOLE DISCRETION.
Services and Content provided by Texas Health shall be provided and/or performed with reasonable skill, care, and diligence, however, Texas Health is not responsible for, and you agree not to hold Texas Health liable for, the actions, information, or work product provided by any other service providers that you may select from Texas Health’s System, such as payment processing services. Texas Health will use reasonable endeavors to provide Content and/or Services within the reasonable time frame provided by Texas Health for each action requested by you; however, it is agreed by you that time is not of the essence. Any time frame provided by Texas Health is only an estimate, and accordingly, Texas Health does not accept any responsibility or liability, financial or otherwise, in the event that Texas Health is unable for any reason to meet the estimated time frame. Texas Health shall not be responsible for any failure to provide Content or perform Services, including where such failure was caused by an act of God, act of governmental or any other lawful authority, war, riot, civil commotion, natural disaster, loss of power, or loss of communication channels.
Texas Health may provide Content and/or the Services itself, or Texas Health may, in its sole discretion, instruct third parties, including independent contractors, to carry out, in whole or in part, any Services or provide any Content. Texas Health does not provide any warranties of third party provided Services or Content, and shall not be liable for the Services or Content provided by third parties.
In addition to the Content and Services offered by Texas Health, the System may also make available materials, information, products, and/or services provided by third parties, including related healthcare services (collectively, the “Third-Party Services”). The Third-Party Services are governed by separate agreements that accompany such services. Texas Health does not monitor or endorse the third parties or the Third-Party Services. Texas Health offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services. You agree that Texas Health is not responsible for the accuracy or truth of any information you provide to Texas Health or any third party, including information about healthcare, logistics, payment processing, or other services you seek, and shall not hold Texas Health liable for any direct or indirect damages or any other liabilities arising therefrom. YOU AGREE THAT, WITH RESPECT TO INFORMATION, INCLUDING THIRD PARTY INFORMATION, YOU PROVIDE OR CAUSE TO BE PROVIDED TO TEXAS HEALTH OR THE THIRD-PARTY SERVICES, YOU WILL NOT HOLD TEXAS HEALTH RESPONSIBLE OR LIABLE FOR ANY CLAIMS OR DAMAGES, DIRECT OR INDIRECT, OR SEEK TO DO SO.
Your Responsibilities as the Recipient Services
As the recipient of Services, you (i) agree to provide clear and concise requests concerning the Services, including healthcare education or related services, (ii) provide all requested information to Texas Health for processing Services in a timely manner, as prescribed by Texas Health, and (iii) agree that once your requests for Services are submitted, cancellation or changes to the requests may not be available, and if available may be subject to partial or full priced fees, at Texas Health’s discretion.
Registration and Payment for Services
YOU AGREE THAT YOUR USE OF THE SYSTEM, AND ANY SERVICES OR CONTENT PROVIDED BY OR THROUGH THE SYSTEM, IS LIMITED TO YOU ALONE, AND YOU AGREE TO ACCEPT FULL RESPONSIBILITY AND INDEMNIFY, DEFEND, AND HOLD TEXAS HEALTH HARMLESS FOR ANY LIABILITY OR USE ASSOCIATED WITH ANY THIRD PARTY’S USE OF THE SYSTEM, SERVICES, AND/OR CONTENT UNDER YOU OR ON YOUR BEHALF. YOU AGREE THAT YOUR LIMITED LICENSE GRANTED BY TEXAS HEALTH TO USE THE SYSTEM IS A NON-TRANSFERABLE LIMITED LICENSE TO USE THE SYSTEM.
Any “Fees” to use portions of the System and its Services are set by Texas Health, from time to time, in its sole discretion, and is subject to change without notice. Unless otherwise stated, the Fees do not include taxes or duties of any kind, and all taxes and duties are responsibility of the user.
You agree to pay to Texas Health all Fees, as set forth on the Site and/or App, at the time specified on the Site and/or App, or if there is no such time specified, all payments for Fees must be paid as directed by Texas Health, or prior to using such portion of the System. If Fees are not paid, Content may not be provided and Services may not be performed. All payments shall be made in full and without any deduction, whether by set-off, counterclaim, discount, abatement, or otherwise, unless you have Texas Health’s prior written approval or a valid order from a court having proper jurisdiction. You agree to abide by any terms and conditions applicable to any “Pay My Bill” or payment processing services available through the System, including terms and conditions of any third party payment processing services.
Maintenance and Support
Should you require maintenance and support for your use of the System, or should you have any questions, comments, or claims about the System, please contact Texas Health via the on-line form at https://www.texashealth.org/About-Texas-Health/Contact-Us, or via telephone: 1-866-459-4408.
The Marks displayed on or in connection with the System are the property of Texas Health or other third parties. You are not permitted to use the Marks without the prior written consent of Texas Health or such third party that may own the Marks.
You may not, nor have third party’s on your behalf, copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from, reverse engineer, improve, import, export, offer for sale, or sell the System, or any Content or Services of the System, without first obtaining written permission from Texas Health, and you agree to assign and do hereby assign to Texas Health all rights, title, and interests in any work product or other interests resulting from such actions, including intellectual property developed or derived by or from improvements or derivations of the System attributable to you.
Communications and Submissions
Digital Millennium Copyright Act
Texas Health respects the intellectual property of others and will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c), as follows:
- For purposes of providing written notice under the DMCA, Texas Health has designated an agent with the United States Copyright Office (“Copyright Agent”). All written notification, pursuant to the DMCA, must be submitted to said designated Copyright Agent at the following address:
C/O Foley & Lardner LLP
Attn: Kay Lyn Schwartz
2021 McKinney Ave., Suite 1600
Dallas, Texas 75201
- If you are a copyright owner or agent thereof and believe that third-party submitted content, including photographs and digital images, (“Third-Party Content”) available through this Site infringes upon your copyrights, you may submit written notification, pursuant to the DMCA, to our Copyright Agent, identified above. To be effective, the written notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- If you believe that your Third-Party Content, which was removed (or to which access was disabled), is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or authority under the law, to publish or use the Third-Party Content in your submission, you may submit a written counter-notice, pursuant to the DMCA, to our Copyright Agent, identified above. To be effective, the written counter-notice must include:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Dallas County, State of Texas, if your address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.
- If a counter-notice is received by our Copyright Agent, Texas Health may send a copy of the counter-notice to the original complaining party (or agent thereof) informing that person that Texas Health may replace the removed Third-Party Content or cease disabling it in ten (10) business days. Unless the copyright owner (or agent thereof) files an action seeking a court order against the provider of the Third-Party Content, the removed Third-Party Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Texas Health’s sole discretion.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or identification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider (such as or including Texas Health), who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are uncertain whether Third-Party Content infringes your or others’ copyrights, please consult with a copyright attorney prior to making a notice under the DMCA.
Internet and Viruses
While using the internet and the System, you may encounter various costs, expenses, or technical difficulties which could impact you and your computer equipment. You may also inadvertently receive computer viruses or other malicious files while using the System. Texas Health shall not be responsible for such difficulties, viruses or other malicious files encountered during your use of the System or the internet. For these reasons, Texas Health recommends that you take every possible precaution to avoid the reception of such difficulties, viruses or other malicious files, including, but not limited to anti-virus software and equipment.
You further agree, represent, and warrant that any actions by you or data or information supplied to Texas Health by you shall not be such as will cause Texas Health to infringe any intellectual property rights, including patent and copyright, of any third party and shall indemnify, defend, and hold Texas Health and its subsidiaries, customers, affiliates, successors, and assigns and their respective directors, officers, employees, shareholders, representatives, agents, and customers from and against any claims, damages (consequential or otherwise), liabilities, causes of action, and losses of any kind whatsoever, including reasonable attorney’s fees incurred by Texas Health.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND TEXAS HEALTH OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S CONTENT OR SERVICES ON THIS SITE, THE SYSTEM, AND ALL MATERIALS, CONTENT, AND SERVICES ACCESSIBLE THROUGH THE SYSTEM, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TEXAS HEALTH MAKES NO WARRANTY THAT (i) THE SYSTEM, SERVICES, AND CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SYSTEM, SERVICES, AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SYSTEM, SERVICES, OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENTS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE OR APP, OR ANY DEFECTS IN THE SITE OR APP, ITS SERVICES, CONTENT, OR THE SYSTEM AS A WHOLE, WILL BE CORRECTED.
THE SYSTEM, SERVICES, AND CONTENT COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. TEXAS HEALTH MAY MAKE CHANGES TO THE CONTENTS AND SERVICES OF THE SYSTEM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES OF THE SYSTEM MAY BE OUT OF DATE, AND TEXAS HEALTH MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) TEXAS HEALTH DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES SUBMITTED OR OFFERED BY THIRD PARTY ADVERTISING ACCESSIBLE THROUGH LINKS, INCLUDING ADVERTISING BANNERS, ON THE SITE OR APP; (ii) TEXAS HEALTH MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTY ADVERTISERS, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTY ADVERTISERS ARE AT YOUR OWN RISK; AND (iv) TEXAS HEALTH SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY SUCH THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY CONTENT OR COMMUNICATIONS THROUGH ANY PORTION OF THE SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. TEXAS HEALTH ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR APP OR IN CONNECTION WITH ANY SERVICES, CONTENT, COMMUNICATIONS, OR EMAIL AS WELL AS CONTENT OFFERED THROUGH THE SYSTEM.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL TEXAS HEALTH OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, EDITORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SYSTEM OR ANY SERVICES RELATED TO THE SYSTEM.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TEXAS HEALTH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT ANY MOBILE APPLICATION MARKETPLACES, INCLUDING GOOGLE PLAY OR THE APPLE ISTORE, HAS NO OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APP OR SYSTEM AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THE APP OR SYSTEM OR ANY DAMAGES, DIRECT OR INDIRECT, ARISING THEREFROM.
Any failure, forbearance or delay on the part of Texas Health to exercise any remedy or right herein shall not operate as a waiver. The failure of Texas Health to require your performance of any of the terms, covenants, or provisions herein shall not constitute a waiver of any of the rights herein.
Enforcement of Terms and Conditions – Governing Law
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE ARBITRATION OF CERTAIN DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE PROCEDURES BY WHICH YOU AND TEXAS HEALTH CAN SEEK RELIEF.
Class Action Waiver. To the maximum extent allowed by applicable law, you and Texas Health agree that each may bring claims against the other only in your or its individual capacity, on an individual basis, and that you and Texas Health each waive any right to pursue claims on a class, collective, non-individual, mass, or consolidated basis or in a representative proceeding. The arbitrator may not join or consolidate more than one person’s claims, and may not otherwise preside over any form of representative, collective, non-individual, mass, or class proceeding. Nothing in these terms should be read to allow class arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, inapplicable, invalid, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All disputes with respect to whether any other aspect of this Dispute Resolution provision and its terms are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
Pre-Arbitration Notice and Good Faith Negotiations. You and Texas Health also agree that each party will notify the other in writing of any Dispute before initiating arbitration, so that we can try to resolve the Dispute informally and individually. Notice by Texas Health will be sent to you at your last known street and email addresses on file, and notice by you to Texas Health will be sent by mail to Texas Health at 612 E Lamar Blvd, Arlington, TX 76011. The notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and email address used for access to the Online Services, as well as a brief description of the Dispute, the amount of money (if any) at issue, and the specific relief sought. The notice must be signed and include your handwritten signature or the handwritten signature of a Texas Health employee, as applicable, depending on which party is initiating the Dispute. You and Texas Health then agree to negotiate personally, individually, and in good faith to try to resolve the Dispute. If and only if we cannot resolve the Dispute within thirty (30) days after the notice is received, then either party may commence an arbitration proceeding with a written demand for arbitration. Any limitations period will be tolled from the date the Dispute is noticed to the other side until the expiration of this thirty (30)-day period. Compliance with this Pre-Arbitration Notice provision is a condition precedent and requirement for initiating any arbitration proceedings.
Arbitration Fees. The party initiating the arbitration will pay any filing, case initiation, or arbitrator fees, up to the amount that would be required to pursue the same claim in the U.S. District Court for the Northern District of Texas (currently, $402.00). For individual damages claims with less than $25,000 at issue, Texas Health will pay the additional, reasonable fees and costs of arbitration. For claims with more than $25,000 at issue, or where a party seeks injunctive or declaratory relief, the parties will share the fees and costs of arbitration equally. The parties’ good faith negotiation of reasonable fees with the arbitration provider is authorized as needed. If the arbitrator determines that your or our claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse the other party for any amounts that other party paid for the arbitration.