This is our updated Terms of Service, taking effect on January 1, 2021.
We (My Health Information Co-op members) are on a mission to democratize health records and improve the health and wellness of our members. We hope you love our mission, vision and the website tools, solutions and approach to security and the management approach for supporting our membership with the next great idea that we haven’t even thought of yet.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. These Terms include a mandatory arbitration provision in Section 16. If you don’t agree to these Terms, don’t use our services.
These Terms are based on a Creative Commons Sharealike license, which means that we have copied and repurposed them for our own use. In appreciation, we would like to give credit to Automattic.
Terms of Service – The specifics
These Terms govern your access to and use of the products and services we provide through or for MyHealthInformationCoop.ca.
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.
1. Who’s Who
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
We use the term “Designated Country” to refer to Canada.
2. Your Account
We may limit your access to our Services until we’re able to verify your account information, like your email address.
When you create a My Health Information Co-op account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.
You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If you get sued because of a blog post you write about a recommended health treatment or product, that’s on you.
Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
3. Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
4. Responsibility of Visitors and Users
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:
- We don’t have any control over third-party websites.
- A link to or from our Services does not represent or imply that we endorse any third-party website.
- We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- You’re fully responsible for the Content available in your account, and any harm resulting from that Content. It’s your responsibility to ensure that your account’s Content abides by applicable laws and by the Agreement.
- We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of public Content in our account, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of the health information you add to your account.
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
5. Fees, Payment, and Renewal
Fees for Paid Services. Some of our Services are offered for a fee, like the members only area of our website. Additional Services and Premium subscriptions, like the OmniHealth Vault service are collectively known as “Paid Services”. By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time or recurring fees. For recurring fees, we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.
Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you, like credit cards or PayPal, or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you purchase a one-year subscription service, you’ll be charged each year for access for another 12-month period. We may charge your account up to one month before the end of the subscription period to make sure pesky billing issues don’t inadvertently disrupt your access to our Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.
You can view your renewal date(s) and manage subscriptions for Paid Services by logging into your account. For more information about how a My Health Information subscription Service works, please see you Membership Account page where you can view your renewal date(s) and manage subscriptions for My Health Information Co-op Services.
Changes to your account. Within your Account, you can manage and cancel Services through your Membership Account page. For example, you can change or cancel your My Health Information Membership levels through your Membership Account page. To cancel your Account, go to your Membership Cancel page, click on the membership level you want to cancel or “Cancel All Memberships”, then follow the instructions.
Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.
No-Show Policy. We may have a “no-show policy” for some Paid Services that require your participation (for example, making an application for your MSP Billing History). For instance, this may mean that if you don’t fill out the application, you’ll still be charged and won’t be entitled to a refund.
Refunds. We have a refund policy for your Co-op membership and some of our Paid Services, and we’ll also provide refunds as required by law. In all other cases, there are no refunds and all payments are final.
Cooperatives thrive on feedback from their members and we love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.
7. General Representation and Warranty
Our mission statement is All your health information, when you need it, in one place, under your control, and our Services are designed to give you control and ownership over your health information. Our vision is a world where people can smoothly access all of their health information in an integrated, simple manner. We imagine the improvements in care that can be realized when patients can provide their healthcare providers with all the relevant information they need. Immediately. Accurately.
- We see a world that does not rely on patients to remember critical or mundane information.
- We see a world where health care providers are unshackled from having to obtain and re-record existing information.
- We see a world where the information crucial to critical incident response is available to first responders and care providers NOW.
- We see a world in which innovation is accelerated by researchers, managers and policy makers who develop new ways to communicate with patients that have access to all their health data and can participate at their discretion.
- We see a world where patient health information is freed from information silos
All of this and more is happening because we are using evolving technology and new ways of thinking to provide patients with access to their health care data. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of health information exported from Canada, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of My Health Information Co-op;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not disclose the personal information of others;
- Will not be used to send spam or bulk unsolicited messages to other Co-op members;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
8. Specific Service Terms
The My Health Information Caregiver and DIY Membership service is free, and we offer paid plans that add advanced features like use of the OmniHealth Vault service. We don’t own your content, and you retain all ownership rights you have in the content you post in your account. However, be responsible in what you publish. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) appears in your account.
Removing Content. If you delete Content in the private website, we’ll use reasonable efforts to remove it from view by the authorized visitors to the members-only area, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.
Web Traffic. We may use a third-party service to measure myhealthinformation.com audience and usage.
Prohibited Uses. Your Content and conduct must not violate the WordPress.com User Guidelines.
9. Copyright Infringement and DMCA Policy
We ask you to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please see our Digital Millennium Copyright Act (“DMCA”) Policy and send us a notice.
We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of My Health Information Co-op, or if My Health Information Co-op posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any of the Agreement or any My Health Information Co-op Rules, or is in any way harmful or objectionable, (iii) ask you to make adjustments, or terminate your access to the Services, if we believe your Account’s storage or usage burdens our systems (which is rare and typically only occurs when a Account is used for excessive file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
Our Services are provided “as is.” My Health Information Co-op and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither My Health Information Co-op, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
13. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the Province of British Columbia, Canada, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the Supreme Court of Canada.
14. Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Arbitration Rules of the Co-op.
15. Limitation of Liability
In no event will My Health Information Co-op, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $1 or the fees paid by you to My Health Information Co-op under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. My Health Information Co-op shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless My Health Information Co-op, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post or our payment portal.
These Terms were originally written in English (Can). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between My Health Information Co-op and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
My Health Information Co-op may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.