User account terms of service
At Northwell we aim to make our patients’ healthcare experience with us extraordinary and we created this Platform as part of that goal. As we strive to make this happen, you are in control over what you access, its interpretation and usage. Use of this site by you is entirely at your own risk. Please read these Terms carefully before you use or access the Services (defined below), as they are a legal agreement between Northwell and you. THESE TERMS CONTAIN IMPORTANT PROVISIONS THAT LIMIT OUR LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES. By clicking “I accept” or by accessing or using the Services, you accept and agree to be bound by these Terms without limitation or qualification. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
Who should and shouldn’t use this platform
This service is intended for use by U.S. Citizens 18 years of age or older.
The Services are not intended for or directed to children under 18 years old. If you are under 18 years old or otherwise have not attained the age of majority in your state of residence, you must have your parent or other legal representative’s permission to use the Services.
When and how to use this platform
NOT FOR USE IN EMERGENCIES
This platform is not intended for use in medical emergencies. If you are having a medical emergency, please call 9-1-1 to seek medical care.
Northwell has created a single sign on system for you to create a profile and access our online Services and partners including:
- Patient Portal (e.g., FollowMyHealth)
- Secure Communications
- Online Scheduling
- Bill Payment
- Secure Patient Identity and Profile Management System.
All new Services will be added over time and terms will be modified accordingly.
Notice. Northwell may provide you with notices, including those regarding changes to the Terms, by postings on our websites and mobile applications.
USER NAME AND PASSWORD
In order to access and use certain areas or features of the Services, you may need to register for an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, and (c) accept sole responsibility for keeping such user name and password strictly confidential. The information you provide will be used to update account billing, demographics, insurance information, medical history, including medications and immunizations, and other health related records so it is important that you keep this information up-to-date. You are responsible for protecting the confidentiality and security of your user name and password and for any activity that occurs under your username. You may not permit anyone else to use your username and password, and you may not use anyone else’s username and password. You also may not attempt to gain unauthorized access to any other user’s username and password.
In order to keep your information secure, you agree to immediately notify us in the event that (i) your password is lost or stolen, (ii) any of your information is incorrect, (iii) you become aware of any unauthorized use of your username and password or (iv) you become aware of any other breach of security that might affect the Services by email at [email protected] We are not responsible for any information that you input into your account, any loss or damage arising from someone else using your username and password or your failure to comply with this Section.
The Services may offer you the opportunity to provide us with your comments, suggestions, ideas or other feedback (together, “Feedback”). We have the unrestricted right to use Feedback that you provide to us and you are not entitled to receive any compensation.
Your rights and responsibilities
The Services may permit you to send, post or otherwise submit Content on or through the Services, such Content sent, posted or submitted by you (collectively, “Submissions”). As between us and you, you own your Submissions, but, by sending, posting or transmitting Submissions to or through the Services, you grant Northwell and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual and irrevocable right to use, reproduce, create derivative works of, display, perform, distribute and otherwise exploit your Submissions for any and all lawful purposes. Under no circumstances are you entitled to payment if Northwell uses one of your Submissions.
You are responsible for the content of your Submissions. By posting a Submission, you represent and warrant that:
- You own or otherwise control all of the rights to your Submission, including without limitation all copyrights and trademarks, and have all rights necessary to grant the rights and licenses set forth above;
- Your Submission is true and accurate as it pertains to your account, billing, contact information, demographics, medical history, medications, immunizations, etc.;
- Your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity; and
- Your Submission complies with these Terms and applicable laws, rules and regulations.
You acknowledge and agree that Northwell has the right (but not the obligation) to alter, remove, or refuse to post or allow to be posted, any Submission. Northwell takes no responsibility and assumes no liability for any Submission posted by you or any third-party or for altering, removing or refusing to post your Submission.
Independent Contractor. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Northwell as a result of the Terms or use of the Services.
You must not:
- Use the Services except as expressly authorized in these Terms;
- Impersonate another, falsify account information, or make unauthorized use of another’s information;
- Copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from the Services;
- Remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained in any Content obtained through the Services;
- Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the Services;
- Submit, upload, post or transmit any user-originated Content that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; discriminatory or otherwise objectionable (in our discretion);
- Upload to or transmit on the Service any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or maybe, protected by copyright, without permission from the copyright owner;
- Interfere in any way with the operation of the Services or any server, network or system associated with the Services, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Services or any server, network or system associated with the Services; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;
- Use any automated program, tool or process (including, without limitation, web crawlers, scrapers, robots, bots, spiders, and automated scripts) to access the Services or any server, network or system associated with the Services, or to extract, collect, harvest or otherwise gather Content from the Services;
- Frame or otherwise create a browser or border environment around any page or Content of the Services, or deep-link to any internal page or area of the Services; or
- Make any other use of the Services that violates these Terms or any applicable law.
Northwell Health’s rights and responsibilities
You agree to release Northwell and its’ affiliates from all liability in regard to your use of these Services. Northwell and its affiliates are not responsible for the consequences or reliance on any information contained herein. We do not guarantee that this site is error-free and uninterrupted (see Disclaimer of Warranties Section below for further detail). To the maximum extent allowed by law, in no event will Northwell or its affiliates be liable for any indirect, consequential, special, incidental or punitive damages, including loss of revenues or loss of profits, or any other damages, fees, fines, penalties, or liabilities arising out of your access, use or inability to use this website or the content or materials herein.
We also may present to you or post additional terms that apply to particular Services (“Services-Specific Terms”) that apply to particular features of the Services. To the extent that these Terms conflict with the Services-Specific Terms, the Services-Specific Terms will control.
RESERVATION OF RIGHTS
We reserve the right at any time and for any reason, with or without notice, and without liability to you or any other user, to: (1) modify, suspend or terminate the operation or any feature of the Services; (2) restrict, limit, suspend or terminate your and/or any other user’s access to the Services; (3) monitor any user’s use of the Services to verify compliance with these Terms and/or any applicable law; (4) investigate any suspected or alleged misuse of the Services and cooperate with law enforcement and/or third-parties in such investigation; and (5) disclose information about any user’s use of the Services in connection with any law enforcement investigation, or in response to a lawful court order or subpoena.
The Services are the proprietary property of Northwell and/or its third-party licensors, and are protected by U.S. and foreign copyright, trademark and other intellectual property laws. The names, marks, logos and other identifiers associated with Northwell and its products and services are trademarks and service marks of Northwell and are solely owned by Northwell.
Subject to your compliance with these Terms, we grant you a revocable, conditional and limited license to access and use the Services solely for your own personal and non-commercial use in accordance with applicable laws. If the Services permit you to download or print any Content, such Content may be used only by you and only in connection with this purpose. You may not copy or distribute any such Content. This license is personal to you and is not transferable or assignable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). We reserve all rights not expressly granted herein.
Any unauthorized use, reproduction or distribution of the Services is strictly prohibited and may result in civil and/or criminal penalties.
A provision of the Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Northwell to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NORTHWELL HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE, AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NORTHWELL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED, OR THAT THE SERVICES WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT PROVIDED THROUGH THE SERVICES WILL BE CURRENT OR ACCURATE, OR THAT A PARTICULAR PRODUCT OR SERVICE YOU SEE ON THE SERVICES WILL BE, OR WILL REMAIN, AVAILABLE TO YOU. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY SUBMISSIONS OR THIRD-PARTY CONTENT ON OR LINKED BY OUR SERVICES.
LIMITATIONS OF LIABILITY
NORTHWELL’S LIABILITY TO YOU IS LIMITED AS SET FORTH BELOW, EXCEPT AND ONLY TO THE EXTENT THAT ANY SUCH LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW.
IN NO EVENT SHALL NORTHWELL, OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS AND CONSULTANTS BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IF APPLICABLE LAW PROHIBITS DISCLAIMER OF DIRECT DAMAGES, NORTHWELL’S AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO ACCESS OR USE THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE EVENTS GIVING RISE TO ANY CLAIM, OR, IF NO SUCH PAYMENTS HAVE BEEN MADE BY YOU, FIFTY AND 00/100 ($50.00) U.S. DOLLARS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH NORTHWELL CONCERNING THE SERVICES IS TO STOP USING THE SERVICES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Maintaining privacy and building trust
You acknowledge and agree that: (i) Northwell may at any time terminate your access to the Services, in whole or in part, if Northwell determines, in its sole judgment, that you have violated these Terms or any applicable law; (ii) such termination may be effected without prior notice; and (iii) in the event of such termination, Northwell may immediately, and without your permission, deactivate or block your further access to your account and remove all of your Submissions stored in, or associated, with your account, without any liability to you. For inquiries related to account termination, please emails [email protected].
LINKS TO THIRD-PARTIES
APPLE DEVICE ADDITIONAL TERMS
If you access an App via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS (an “Apple Device”), the following terms (“Apple Device Additional Terms”) are hereby made part of these Terms:
- Conflicting Terms. If these Apple Device Additional Terms conflict with any other provision of these Terms, then the Apple Device Additional Terms shall control with respect to access and use of the Services via an Apple Device.
- Agreement with Northwell, Not Apple. You acknowledge that these Terms are an agreement between Northwell and you, and not with Apple. Northwell, not Apple, is solely responsible for any App you access via your Apple Device (“iOS App”) and the content thereof. If these Terms are less restrictive with respect to an iOS App or otherwise conflict with, the Apple App Store Terms of Service (the “App Store Terms of Service”), the App Store Terms of Service shall apply to the extent of any conflict.
- Scope of License. The license granted to use an iOS App is limited to a non-transferable license to use the App on an Apple Device that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.
- Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iOS App. If Northwell decides (in its sole discretion) to provide support and maintenance services for an iOS App, Northwell is solely responsible for providing such services.
- Warranty. In the event of any failure of the an iOS App to conform to any applicable warranty provided by Northwell in these Terms, you may notify Apple and Apple will refund the purchase price for the iOS App (if any) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is Northwell’s sole responsibility. Notwithstanding the foregoing, Northwell is not obligated to provide any warranty with respect to an iOS App and you acknowledge and agree that this paragraph will not have any effect on the warranty disclaimers provided in these Terms.
- Product Claims. You hereby acknowledge that Northwell, not Apple, is responsible for addressing your or any third-party claims relating to an iOS App and/or use of an iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Note that, pursuant to the limitation of liability provision set forth in these Terms, these Terms will not limit Northwell’s liability beyond what is permitted by applicable law.
- Intellectual Property Rights. You acknowledge that, in the event of any third party claim that an iOS or your possession and use (in accordance with these Terms) of an iOS App infringes that third party’s intellectual property rights, Northwell, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Third-Party Beneficiary. You hereby acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to any iOS App, and that, upon your acceptance of these Terms, Apple has the right (and deemed to have accepted the right) to enforce the Terms against you with respect to the iOS App as a third party beneficiary thereof.
- Questions or Complaints. Please address your questions, complaints or claims with respect to an iOS App to Northwell at (888) 321-3627 or [email protected] Northwell’s principal offices are located at 2000 Marcus Ave, New Hyde Park, NY 11042
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.
LIMITATION ON TIME TO BRING AN ACTION
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be forever barred.
Governing Law. You and Northwell agree that these Terms and any claim or dispute between you and Northwell relating to your use of the Services will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws’ provisions.
Severability. If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
If you are a copyright owner or an agent thereof, and believe that any third-party content on the Services infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information (see 17 U.S.C § 512(c)(3) for further detail):
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works from the Services;
- 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 Northwell to locate the material;
- Information reasonably sufficient to permit Northwell 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; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Northwell’s designated Copyright Agent to receive notifications of claimed infringement is:
Changes to these terms
We reserve the right to make changes to these Terms at any time. Please check back from time to time to ensure that you are aware of any changes to these Terms. We will indicate the Terms’ effective date at the top of this page. Your continued use of the Services after changes have been posted indicates your consent to any changed Terms.
If we make material changes that would impact your use of the Services, we will endeavor to notify you of the changes, such as by posting a notice directly on the Services, by sending an email notification (if you have provided your email address to us), or by any other reasonable method. If you do not agree to the changed Terms, you should immediately terminate your use of the Services.
Northwell may from time to time, in its sole discretion (without obligation), develop and provide updates to our Services (including Apps), which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete certain features and functionality entirely. You agree that Northwell has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Portions of the Services may not properly operate if you do not install all Updates. Northwell encourages you to promptly install all Updates. To that end, based on your mobile device settings, when your mobile device is connected to the Internet, either (i) the Updates will automatically download and install, or (b) you may receive notice of or be prompted to download and install available Updates. For clarity, all Updates are part of the Services and subject to these Terms.