Effective Date: 2019-05-23
These Terms are effective as of the date posted above. However, we may modify these Terms at any time and without notice to you. As of the effective date listed above, the posted Terms will supersede and replace any prior terms and any modifications will take effect. Please check this page regularly to ensure that you are aware of the current Terms.
We intend our Portal and Services to be used only by qualified healthcare professionals ("Clinicians"). Where allowed by applicable law and these Terms, a Clinician may designate individuals to use the Services on the Clinician's behalf (each, a "Delegate"). A Clinician must comply with the process described in these Terms for appointing a Delegate. Only Delegates and Clinicians (together referred to as "Authorized Users" or "you") may access the Portal or use the Services.
Our Services allow Authorized Users to order certain diagnostic tests and/or provide information used to facilitate Myriad operations in delivering Myriad test results. We may modify or discontinue any aspect of our Services at any time and without notice.
AUTHORIZED USER RESPONSIBILITIES
COMPLY WITH APPLICABLE LAW
You understand and agree that when you use the Services you will have access to confidential, sensitive and personal information. It is your responsibility to comply with all laws, regulations, directives and guidance applicable to that information. In the U.S., applicable law includes but is not limited to the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 (collectively, "HIPAA"); and in the European Union, applicable law includes the General Data Protection Regulation (EU) 2016/679 ("GDPR"). Additional international, state and local laws may apply. It is your responsibility to obtain any consents necessary to provide a patient's personal or health-related information to us.
KEEP YOUR ACCOUNT AND INFORMATION SECURE
You will use a unique username and password to access the Portal. You are responsible for keeping this username and password confidential. You are also responsible for all uses of the account you have been authorized to access ("your account"), including if performed by your agent, even if that agent is not an Authorized User. To maintain account security, we recommend that you change your password regularly and when you have any reason to believe that your password has been compromised. You may change your password by clicking "Forgot your password?" You must immediately notify us by calling our Customer Service department at (866) 757-9204 of any unauthorized access to your account, or if you suspect your account has been compromised. We will not manage or have access to your password, so we will not be able to retrieve it for you if you misplace it.
You agree that you are responsible for any misuse of your account, even if you are unaware of the misuse. You may also be liable to us or third parties for any misuse of the Portal or our Services through your account, including liability that arises under HIPAA and other applicable law. You must not use anyone else's account unless you have his or her permission. You must not provide your password to anyone else, including any representative of Myriad. You may terminate your access credentials by calling our Customer Service department at (866) 757-9204 or via email.
You agree that you are responsible for any further uses you make of the information accessed through the Portal. For example, if you download, reproduce, or transfer such information to third parties, you are responsible for doing so responsibly and in a secure manner, and in compliance with your obligations under HIPAA and other applicable laws.
USE THE PORTAL AND SERVICES RESPONSIBLY
You agree not to:
- use the Portal and any Services in any manner that could disable, overburden, or impair our servers or networks, or that interferes with others' use;
- gain or attempt to gain unauthorized access to the Portal, any of the Services, other accounts, or any computer systems or networks connected to the Portal or any of the Services; or
- access any information or materials you are not expressly authorized to access.
DO NOT MISUSE PERSONAL OR PROPRIETARY INFORMATION OF OTHERS
The Portal and our Services are protected by applicable law (including copyright, trademark, and intellectual property law). You may not use any of the protected aspects of the Portal or Services without our permission. Protected health and personal information provided through the Services, such as test reports and patient information, and test requisition forms may be used and distributed only for purposes of treatment, payment, or relevant healthcare operations.
For purposes of the Clinician Responsibilities set forth below, the words "you" and "yours" apply only to a Clinician and not to any other Authorized User.
PROPERLY AUTHORIZE DELEGATES
You may authorize Delegates to access the Portal and use our Services on your behalf. To authorize a Delegate, you must first ensure that your use of a Delegate is permitted under applicable law (which you agree is your responsibility to determine). If legally permitted, once you have selected a Delegate, you must notify us of your selection and complete any required paperwork. We will provide unique login information for your Delegate, which he or she may use only once the Delegate expressly accepts these Terms. You should not provide the Delegate with your access credentials or login information.
PROPERLY RESTRICT DELEGATE'S USE OF THE PORTAL AND SERVICES
By permitting a Delegate to access the Portal or any Services on your behalf, you agree that each Delegate:
- is currently employed by or under contract with you, or works for another member of the patient's clinical healthcare team;
- has your personal authorization to access the Portal and Services;
- is accessing or providing information only as directed and instructed by you;
- will use and disclose the test results and other information obtained through the Portal in compliance with applicable laws and policies; and
- is accessing the Portal in an authorized manner and using his/her own unique account and credentials. You are responsible for obtaining guidance regarding compliance with all applicable laws in your jurisdiction. We may refuse any test requisitions or submissions of Delegates that we believe may be illegal or improper at our sole discretion.
PROPERLY MONITOR DELEGATES' USE OF THE SERVICES
Because you are liable for the actions of your Delegates, you agree to ensure your Delegates have appropriate rights of access for the intended use of the Services. You agree to document your laboratory test orders or other Services in the patient's medical file, even if a Delegate entered the order. We consider patient information we deliver to your Delegate to be delivered to you. Therefore, if you suspend or terminate your relationship with a Delegate or if you wish to suspend or terminate a Delegate's authority to access the Portal and any Services on your behalf, you agree to inform us immediately.
PROVIDE SECURITY FOR THE PORTAL AND SERVICES
We transmit information through the Portal using Secure Sockets Layer technology (SSL). We store information on servers with physical and administrative access restrictions. We monitor and audit use of the Portal and maintain usage logs of all activity. If we discover suspicious activity, we may terminate or suspend any Authorized User's account.
PROVIDE ACCESS TO THE SERVICES
We try to make the Portal available to Authorized Users 24/7. However, the Portal may not be available during certain times due to systems repair, maintenance, or unexpected downtime. We do not guarantee 24/7 access to the Portal or our Services, and we are not liable for your inability to access either.
COMPLY WITH LAWS AND REGULATIONS APPLICABLE TO US
We will comply with federal, state and international privacy laws and other legal regulations to the extent those laws and regulations apply to us.
Legal Disclosures and Disclaimers
HOW WE MAY USE YOUR FEEDBACK
If you choose, you may provide us with information and feedback regarding the Portal and our Portal Services ("Feedback") by contacting us at firstname.lastname@example.org. When you submit Feedback, you grant us a perpetual, irrevocable license to use that Feedback for any lawful purpose.
Please do not use the Portal Feedback for patient, prescribing or clinical inquiries. If you have questions or comments in those areas, contact our Medical Information department at email@example.com. We do not guarantee the security of the storage or transmission of any Feedback, so we request that you not transmit any personal, sensitive or private data from the Portal Feedback page.
Forward Looking Statements
WE MAKE NO REPRESENTATIONS ABOUT THE RELEVANCE OR ACCURACY OF THE INFORMATION ON THE PORTAL, OR THROUGH THE SERVICES, FOR ANY PURPOSE. ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE AND/OR OUR SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT PROMISE THAT USE OF THE PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE PORTAL OR SERVICES IS FREE OF VIRUSES AND MAINTAINED IN A SECURE MANNER.
THE PORTAL AND/OR DOCUMENTS AVAILABLE IN CONNECTION WITH THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY PERIODICALLY MAKE CHANGES TO THE INFORMATION ON THE PORTAL AND/OR THESE TERMS. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PORTAL, SERVICES OR TERMS AT ANY TIME, WITHOUT NOTICE TO YOU.
OUR LIABILITY IS LIMITED
YOUR USE OF THIS PORTAL, THE SERVICES, AND/OR ANY CONTENT ON OUR SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PORTAL OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE OR OUR SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PORTAL OR THE SERVICES.
WE DO NOT PROVIDE LEGAL OR MEDICAL ADVICE THROUGH THE PORTAL
We do not provide medical or legal advice through the Portal or Services. Do not use any information provided as a substitute for obtaining professional medical advice, diagnosis, or treatment. We do not recommend or endorse any specific third-party physicians, products, procedures, opinions, or other information. You rely at your own risk on any information provided by us, other people appearing on or in the Portal or Services at our invitation, or other visitors to the Portal.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.