Mobile App Terms and Conditions of Use

Effective Date: 3-8-2021

Last Updated Date: 3-8-2021

Introduction

Children’s Health System of Texas, for itself and its affiliated entities (“Children’s Health”, “we”, “us”, or “our”) is committed to providing you with quality health care, and maintaining a relationship with you that is built on trust. This trust is built, in part, on our commitment to respect the privacy and confidentiality of your medical information. We are also committed to helping you exercise your “right of access” to your medical information, which is a privacy right under the Health Insurance Portability and Accountability Act of 1996, as amended (together with its implementing regulations, “HIPAA”).

We offer the Children’s Health Mobile Application (the “Mobile App”) which will allow you to access your medical information from MyChart and a variety of health information and resources, including clinical health care information, health and wellness content, location information, directions, contact information and other general information.

We encourage you to read these terms from top to bottom.

Acceptance of Terms

These Terms and Conditions of Use, including the Children’s Health Notice of Privacy Practices and any other policies that we include on (collectively, the “Terms”), govern your use of the information, tools and other content that we make accessible to you when you use the Mobile App or any other website, mobile application or interactive features that link to these terms (each, a “Service” or collectively, the “Services”).

These Terms are an agreement between you and us. When you use the Services, you acknowledge that you have read, understand and agree to these Terms. If you do not accept these Terms, you may not use the Services. This agreement applies to any and all of your uses of the Services, and survives any termination of your access to any one or more of the Services.

IMPORTANT

Right To Impose Restrictions. When you consent to these Terms, you are not altering the Children’s Health Notice of Privacy Practices. Children’s Health can continue to use and disclose information that originates with us, in accordance with our Notice of Privacy Practices and governing federal and state privacy laws.

Creating a Mobile App Account

The Mobile App account is created through Children’s Health’s patient portal (“MyChart”), which is maintained by our electronic medical records vendor, Epic, Inc. If you do not currently have a MyChart account, you can create one here. Going forward you will use the same email/username to access the MyChart app or the Children’s Health Mobile App. If you already have a MyChart account, you can login to the Mobile App with your MyChart login credentials.

Parents and legal guardians may request access to their minor child's health information through MyChart. This is a type of proxy access (access by one person to another person's interactive health record). The amount of information the parent will be able to see depends on the age and legal status of the minor. The limits herein do not affect any other right the parent may have to obtain a minor child's records. Parents and legal guardians with proxy access may request and approve a MyChart account for direct access for their child who is an adolescent patient aged 14 to 17.

The first time you access MyChart you will be required to set up your own user name and password. User names and passwords provide two layers of authentication and are stored in an encrypted database that is isolated from the Internet. As a MyChart user, your role in maintaining the security of your medical information is: 1) changing your password on a regular basis, and 2) keeping your login ID and password confidential. You may be able to access and use some features of the Mobile App without creating a MyChart account. Your use of the Mobile App will be limited and is still subject to these Terms.

MyChart - Electronic Messaging

The Mobile App maintains a secure system connection to MyChart. Your rights to access and use MyChart is governed by the Children’s Health MyChart Terms and Conditions of Use and our Notice of Privacy Practices. One of the services available through MyChart is secure electronic messaging between you and members of your Children's Health care team.

The Mobile App/MyChart should never be used for urgent matters. The anticipated turnaround time for response to electronic messages is 3 working days. Therefore, for all urgent matters, contact your physician by phone, go to an emergency room near you, or dial 911.

If your physician is out of the office or unavailable to respond, messages sent via the Mobile App/MyChart will be routed to other authorized caregivers within your physician's practice to facilitate a timely response to your request.

All communications between you and your Children's Health care team are sent through a secure, encrypted connection directly into Children's Health electronic medical record systems, where we protect and secure your medical information in accordance with our Notice of Privacy Practices. For those who are participating in MyChart, Children's Health will only use MyChart for computer-based electronic medical communication. While you may receive unsecured internet e-mail messages notifying you of new messages in your MyChart messaging, these e-mails will not contain any confidential medical information. Replies to these unsecured emails are not monitored.

PHYSICIANS WHO MAY CONTRIBUTE INFORMATION TO THE MOBILE APP/MYCHART ARE NOT EMPLOYEES OF CHILDREN’S HEALTH BUT ARE EITHER MEMBERS OF THE CHILDREN’S HEALTH'S MEDICAL STAFF AND/OR EMPLOYEES OF OTHER INSTITUTIONS.

Sharing with Other Users. Under account settings, other users of the Mobile App can authorize you to view information in their Mobile App account or to exercise proxy privileges with respect to their Mobile App account. You accept full responsibility for the actions you take in connection with the information they share with you and for the actions you take in their name.

Conversely, Mobile App account settings allow you to authorize other users to view information in your Mobile App account, or exercise proxy privileges with respect to your account. You should only grant these authorizations to individuals you know and trust. You accept full responsibility for their subsequent use and redisclosure of information in your Mobile App/MyChart account, and for any actions that they subsequently take in your name.

Changing Your Share Settings. You have the ability to change account access settings at any time through MyChart. We will honor changes requested by you, subject to our identity verification procedures and to the extent that we have not already acted upon your earlier access settings.

Content

We may distribute content, which may include code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (collectively, “Content”), and we may enable features that support your interaction with that Content, by linking to or integrating with websites, mobile applications, or information systems that are operated by Content creators, producers or distributors (collectively, “Content Distributors”). Content Distributors may include Children's Health and third parties.

The Content we distribute is solely for informational purposes and should not be relied upon as medical advice. Children's Health may, but is under no obligation to, pre-screen third party Content. Under no circumstances will we be liable in any way for any Content or materials of any third parties, including for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Third Party Service Providers

We may link to or integrate with the websites, mobile applications, or information systems of vendors that deliver one or more of the Services. The use of the Services provided by third party service providers will be governed by their notices of their terms and conditions and privacy policies. We may, but are not required to, provide an in-time notice of the terms and conditions (including privacy policies) of such third party service providers.

Conditions of Use

To access our Services, you will need access to the internet, an Apple iOS-compatible or Google Android-compatible mobile device (tablet or smartphone). You understand that you must, at your own expense, provide all internet, telephone and other equipment and services necessary to access and use our Services. We are not responsible for services provided by unrelated third parties that operate websites or applications that link to our Services.

You agree not to do – or attempt to do – any of the following:

Probe, scan, or test the vulnerability of any system or network, or breach any security or authentication measures that are implemented to deliver the Services;
Access, tamper with, or use non-public areas of the Services, or the computer systems, or the technical delivery systems of Mobile App service providers;
Decipher, decompile, disassemble, or reverse engineer any of the software used to provide Mobile App applications or Services;
Interfere with, or attempt to interfere with, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, or mail-bombing any of the Services;
Download any intellectual property from the systems or services used to deliver the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than our publicly supported interfaces;
Plant malware or use any of the Services or any products to distribute malware;
Send any unsolicited communications, promotions, advertisements or spam;
Send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
Post or transmit anything that is fraudulent or misleading, or that infringes on others' rights;
Impersonate or misrepresent your affiliation with any person or entity;
Violate the privacy of others;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the above.

Although we are not obligated to monitor access to or use of the Services or your content, or to review or edit any of your content or the intellectual property of other Mobile App users, we have the right to do so for the purpose of operating the Mobile App or any of the other products and services made available to you by us or through the Services to ensure compliance with the Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable your Mobile App account or access to any of your content, at any time and without notice, including, but not limited to, when we, at our sole discretion, consider any of your content to be objectionable or in violation of the Terms. We have the right to investigate violations of the Terms or conduct that negatively affects the Services or any of our other products or services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Protecting Your Mobile App Security Credentials

It is extremely important that you keep completely confidential the password and identification numbers that you use to access the Services. Anyone with access to your password and identification number will be able to view your medical information, access the accounts linked with your Mobile App account, and communicate with your Children's Health care team as if that person were you. It is your responsibility to prevent disclosure of your password and identification number, and to change your password and/or identification number if you feel that their security has been compromised. You can change your password from the login screen within the Mobile App.

To help maintain the security of your personal information, please notify us immediately of any unauthorized access or use of your Mobile App account, or if you lose your account security credentials (e.g., user name, or password), by contacting us at (214) 456-2509.

Reservation of Intellectual Property Rights

Children's Health and/or its licensors and suppliers exclusively own all right, title and interest in and to the Services and the trademarks, logos, and service marks (“Marks”) used in connection with the Services or any products, including all associated copyrights, trademarks, patents, trade secrets, and any other intellectual property rights and proprietary rights therein. You acknowledge that Children’s Health and any Marks used in connection with the Services are protected by copyright, trademark, and other laws of the United States and other foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Marks.

Without limiting the foregoing, you acknowledge and agree that the aforementioned intellectual property rights include the Services’ “look and feel”, meaning its structure, sequence, and layout of its digital, audiovisual components as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, the design for which was dictated by artistic and aesthetic considerations and not by utilitarian or mechanical ones.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (collectively, “feedback”). You acknowledge and expressly agree that any contribution of feedback does not and will not give or grant you any right, title, or interest in the Services or in any such feedback. All feedback you provide to us is non-confidential and becomes the property of Children's Health and/or its licensors, who may use and disclose feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. Without limiting the foregoing, you hereby assign to Children's Health and its applicable licensors any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property right) that you may have in and to any and all feedback. Notwithstanding the foregoing, we will keep your identity and any information provided by you in connection with any feedback strictly confidential in accordance with our Notice of Privacy Practices.

License Grant

Subject to your compliance with the Terms, we hereby grant to you a personal, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the Services, including software provided to you, for your personal use only. One instance of the Mobile App is permitted per mobile device. The software license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms and subject to the use restrictions described above. We and our licensors reserve all rights in connection with the Services and its Content and the exclusive right to create derivative works, subject to our Notice of Privacy Practices and applicable laws.

Termination

We may suspend the Mobile App or terminate your access to and use of one or more Services, at our sole discretion, at any time and without notice to you. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others' use of the Services. If we suspend or terminate your use, we will try to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend your account immediately.

You may cancel your account at any time by contacting us at (214) 456-2509.

Service Disclaimers

IMPORTANT. Your activity on the Mobile App is not monitored by Children's Health. If you have an urgent or specific health care need, contact your physician by phone, go to an emergency room near you, or dial 911.

Neither we nor any of our licensors or service providers make any warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any material, content, or information appearing in the Services. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Services, unless you receive that information directly from a member of your Children's Health care team. THE SERVICES, INCLUDING ALL OF THE MATERIAL, CONTENT AND INFORMATION MADE AVAILABLE THROUGH THE SERVICES, ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE OR TREATMENT. The Mobile App is not a medical device and is not designed to and shall not be used to provide medical diagnosis, treatment, or advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. You should never disregard medical advice or delay seeking it because of something you read when accessing the Services. The Services are not a substitute for professional medical advice.

Warranty Disclaimers

Other than expressly stated herein or required by law, all products and services offered through the Mobile App are provided “AS IS” and “AS AVAILABLE” without any warranty whatsoever.

WITHOUT LIMITING THE FOREGOING, ACCESS TO INFORMATION THROUGH THE MOBILE APP IS PROVIDED FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR DECISIONS THAT COULD RESULT IN HARM TO YOURSELF OR THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR RELYING UPON THE INFORMATION YOU RECEIVE FROM OUR PRODUCTS OR SERVICES. WE AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (A) ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT, (B) ANY REPRESENTATION OR WARRANTY REGARDING THE SUITABILITY OF THE SERVICES FOR YOUR NEEDS, OR (C) ANY WARRANTY THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NEITHER WE NOR OUR LICENSORS AND SUPPLIERS WILL HAVE ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF ANY LOSS OR DAMAGE TO YOUR MOBILE APP, ANY PROGRAM, DATA OR MEDIUM FROM ANY CAUSE WHATSOEVER. NO WARRANTY WILL APPLY TO, AND CHILDREN’S HEALTH AND ITS LICENSORS AND SUPPLIERS WILL NOT BE LIABLE FOR, (I) ANY DAMAGE OR LOSS RESULTING FROM ANY IMPROPER USE OF THE SERVICES OR THE MOBILE APP; (II) ANY DAMAGE OR LOSS RESULTING FROM ANY USE OR MISUSE OF THE SERVICES OR THE MOBILE APP; (III) ANY DAMAGE OR LOSS RESULTING FROM YOUR ADHERENCE, OR FAILURE TO ADHERE, TO ANY SECURITY PROCEDURES AND PROTOCOLS; (IV) VIRUSES, WORMS OR OTHER HARMFUL MATTER; (V) PROBLEMS OR RISKS RELATING TO CONNECTION WITH THE INTERNET OR WIRELESS COMMUNICATION; OR (VI) ANY OTHER ACT OR OMISSION BY ANYONE.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.

Indemnity

By entering into the Terms and using the Services, you agree to indemnify and hold Children's Health and its affiliates, including their successors, and their respective officers, directors, employees, licensors, and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, liability and expenses (including reasonable attorneys’ fees), rights, claims, costs, actions of any kind, and injury arising out of or in connection with: (a) your violation or breach of any term of the Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Services; (d) your content; or (e) your negligence or willful misconduct.

Limitation of Liability

YOU FURTHER AGREE THAT CHILDREN’S HEALTH AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS, INCLUDING THEIR SUCCESSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND AGENTS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING LOST PROFITS OR REVENUES, DIMINUTION IN VALUE ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE SERVICES, ANY BREACH OF THESE TERMS, LOSS OF DATA, PRIVACY OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, DAMAGE TO MOBILE DEVICES, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE OUR OR OUR LICENSORS’ OR SUPPLIERS’ INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL CHILDREN’S HEALTH’S, OR ITS LICENSORS’ OR SUPPLIERS’, TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS, (B) FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR (C) TO ACCESS YOUR PERSONAL DATA EXCEED THE AMOUNTS YOU HAVE PAID TO CHILDREN'S HEALTH FOR USE OF THE SERVICES, OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, OR OUR LICENSORS OR SUPPLIERS, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN FOR GRANTING YOU A LICENSE TO ACCESS AND USE THE SERVICES.

The limitation of liability set forth above shall only apply to the extent permitted by applicable law.

Wayfinding Additional Terms

When using the Mobile App, you are solely responsible for ensuring that you exercise proper care and remain aware of your surroundings at all times.

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, GOZIO, INC. (“GOZIO”) WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF ANY LOSS OR DAMAGE TO THE MOBILE APP, ANY OTHER PROGRAM, DATA OR MEDIUM FROM ANY CAUSE WHATSOEVER, UNLESS SUCH LOSS OR DAMAGE IS A RESULT OF THE GROSS NEGLIGENCE OR WILLFUL TORTIOUS MISCONDUCT OF GOZIO OR ITS EMPLOYEES. EXCEPT AS SET FORTH ABOVE, NO WARRANTY WILL APPLY TO AND GOZIO WILL NOT BE LIABLE FOR (I) ANY DAMAGE OR LOSS RESULTING FROM ANY IMPROPER USE OF THE GOZIO SOLUTION OR THE MOBILE APP; (II) ANY DAMAGE OR LOSS RESULTING FROM THE OPERATION OF BEACONS INSTALLED AT THE FACILITY; (III) ANY DAMAGE OR LOSS RESULTING FROM ANY USE OR MISUSE OF THE GOZIO SOLUTION OR MOBILE APP BY PARTICIPANTS; (IV) ANY DAMAGE OR LOSS RESULTING FROM CLIENT’S OR ANY PARTICIPANT’S ADHERENCE, OR FAILURE TO ADHERE, TO ANY PARTICULAR SECURITY PROCEDURES AND PROTOCOLS; (V) VIRUSES, WORMS OR OTHER HARMFUL MATTER, UNLESS COVERED BY GOZIO’S EXPRESS WARRANTIES OR REPRESENTATIONS; (VI) PROBLEMS OR RISKS RELATING TO CONNECTION WITH THE INTERNET OR WIRELESS COMMUNICATION; OR (VII) ANY OTHER ACT OR OMISSION BY ANYONE OTHER THAN GOZIO OR GOZIO’S AGENTS OR ANY OTHER CAUSE BEYOND GOZIO’S CONTROL.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT INCLUDES IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS.

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement”. You agree that any and all disputes or claims that have arisen or may arise between you and Children’s Health, whether arising out of or relating to the Terms (including any alleged breach thereof), the Services, any advertising, and any aspect of the relationship or transactions between us shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into the Terms, YOU AND CHILDREN'S HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND CHILDREN’S HEALTH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CHILDREN'S HEALTH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution

You agree that in the event of any dispute between you and Children's Health, you will first contact Health Information Management (and provide a copy of any dispute to Children’s Health General Counsel at the contact information below) and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any legal or administrative proceeding. Children's Health is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute (“Dispute Notice”). The Dispute Notice should be sent to: General Counsel, 1935 Medical District Drive, Dallas, Texas 75235. The Dispute Notice must (a) describe the nature and basis of the Claim or dispute, and (b) set forth the specific relief sought. If Children's Health and you do not resolve the claim within sixty (60) calendar days after the notice is received, you or Children's Health may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Children's Health or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Children's Health is entitled.

Arbitration Procedures

After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Children's Health’s services and/or products, including the Services, will be resolved by arbitration. You and Children's Health agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Children's Health are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Children's Health will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may assert your Claim in “small claims” court, but only if your Claim qualifies, your Claim remains in such court, and your Claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users of the Services, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.

Costs of Arbitration

Payment for any and all reasonable JAMS filing, administrative, and arbitrator fees will be in accordance with the JAMS Rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the section under the heading “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions under the heading “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to Claims for public injunctive relief. The remainder of these Terms will continue to apply.

Opt-Out

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to Health Information Management at the notice address below. The notice must be received by Health Information Management within thirty (30) days of your registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Children's Health also will not be bound by them.

Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, Children's Health agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending written notice to that effect in accordance with the procedures described under the heading “Opt Out” above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Governing Law; Venue; Statute of Limitations; Equitable Relief

These Terms and any action related thereto will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any of its conflicts of laws principles. Except as otherwise expressly provided in these Terms, all arbitration and other litigation of any dispute between you and Children’s Health related to these Terms shall be located in Dallas County, Texas. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that a breach of these Terms will cause irreparable injury to Children’s Health for which monetary damages would not be an adequate remedy, and Children’s Health shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

Severability

The unenforceability or invalidity of any clause in these Terms shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from these Terms to the extent of its unenforceability and invalidity. Under such circumstances, the Terms shall be interpreted and enforced as if they did not contain the removed clause to the extent of its unenforceability and invalidity.

Updates to the Terms

We may modify these Terms at any time by posting revised terms to any website or application that delivers one or more of the Services. You can determine when these Terms were last revised by referring to the Effective Date at the top of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to any of the Services after these modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them for all of the Services. At our sole discretion, we may attempt to inform you of these modifications by other means: for example, by email, a print mailing through the postal service, or “banner” in our website or mobile application.

No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Children's Health and, if applicable, by the licensor for the relevant service. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Force Majeure

Neither Children's Health nor its licensors shall be liable for any failure to deliver the Services as a result of its compliance with any applicable law, ruling, regulation, ordinance, order or other governmental action or arising out of acts of God, storms, lightning, weather, earthquakes, sinkholes, riots, fire, flood, war, explosions, sabotage, accidents, nuclear incidents, labor disputes, strikes, shortages, interruptions in service by telecommunications suppliers or their respective third party service providers, a pandemic, epidemic, or any other circumstance beyond their control.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Children's Health and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Children's Health and you regarding the Mobile App. Your right to access and use the services of Mobile App service providers and Content Distributors, whose services are accessed through your Mobile App account, shall be governed by such third parties’ terms and conditions. The terms and conditions of consumer app developers are not incorporated into these Terms.

Copyright Notice

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Mobile App infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Mobile App infringe your copyright, you (or your agent) may send us a notice at the contact information below requesting that the material be removed, or access to it blocked.

Contact Us

If you have any support needs or questions about these terms, please contact us at:Health Information Management

1935 Medical District Dr.
Dallas, TX 75235
ROIMychart@childrens.com
(214) 456-2509

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