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Terms and Conditions


Terms and Conditions

*Last Updated: 8/26/2021

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IF YOU BELIEVE YOU ARE (OR A PATIENT FOR WHOM YOU ARE A PROXY IS) EXPERIENCING AN URGENT OR LIFE-THREATENING HEALTH CONDITION GO TO AN EMERGENCY ROOM OF A LOCAL HOSPITAL OR DIAL 911.

1 About

The Platform is provided to benefit our patients and their families, health care professionals, employers, and the general public. Please read these Terms & Conditions (these “Terms”) carefully. These Terms are a legal agreement among you (“you” and “your” refer to the patient who creates an account and utilizes the Platform, and, as applicable, any other users), Froedtert Health, Inc. (“FH”) and any of the Provider Organizations, as defined below (FH and the Provider Organizations are collectively referred to as “we”, “us” and “our”). These Terms govern your account and access to and use of the FH mobile applications, MyChart, and other online services which link to these Terms (collectively, “Platform”). Note that these Terms require you and us to resolve disputes on an individual basis and you hereby waive your right to pursue certain claims on a class or consolidated basis. By clicking “ACCEPT” or by accessing or using the Platform, you accept and agree to be bound by these Terms without limitation or qualification and consent to the FH Online Privacy Policy. If you do not agree to these Terms, including the class action waiver in Section 25, do not access or use the Platform.

The Platform will provide users, patients (and their Proxies) of the following organizations (collectively, the “Provider Organizations”) that use FH’s Epic electronic health record system (“Epic EHR System”) with access to portions their electronic health record:

· Froedtert Memorial Lutheran Hospital, Inc., Community Memorial Hospital of Menomonee Falls, Inc., St. Joseph’s Community Hospital of West Bend, Inc., Froedtert & The Medical College of Wisconsin Community Physicians, Inc., West Bend Surgery Center, LLC, Froedtert Surgery Center, LLC, Drexel Town Square Surgery Center, LLC, Menomonee Falls Ambulatory Surgery Center, LLP, Inception Health, LLC, Wisconsin Diagnostic Laboratories, LLC and certain other affiliates of FH (collectively, “FH Affiliates”);

· The Medical College of Wisconsin, Inc. (“MCW”); and

· Other organizations that contract with FH for the right to use FH’s Epic EHR System in their healthcare facilities, physician offices and other locations.

As part of activating your account, if you do not already have an electronic health record with FH, we will create one for you. For more information about FH and the Provider Organizations, please visit https://www.froedtert.com/.

2 Content Reviews and Updates to Platform

Every effort is made to assure the accuracy and timeliness of the content provided on the Platform, but please understand errors and omissions can occur. The Platform does not include your entire medical record. Please visit Froedtert.com to request a copy of your medical record.

3 Terms

*Here is a quick summary of these Terms:*

- Your Agreement - These Terms, and any special terms for particular apps or services that you agree to in the use of the Platform, create a contract between you and FH. The contract governs your use of the Platform. Please read the full Terms and only use the Platform and services if you agree to them.

- Use of Platform - You must be 18 to use the Platform unless a Proxy is on your account. We can revise these Terms and you should check back regularly for updates. Your continued use of the Platform means that you agree to the Terms as updated. The Platform does not provide medical advice. Call 9-1-1 if you are having a medical emergency.

- License and Restrictions - The Platform is for personal use only. Don’t steal content, break the law in using the Platform, or use the Platform to cause harm to yourself or others.

- Third-Party Services - The Platform incorporates links to apps and websites operated by third parties. You should review the terms and conditions provided by all third parties.

- Disclaimer of Warranties - We do not make any guarantees about the sites, services or content available in the Platform.

- Limitation of Liability - Our liability for the Platform, content, and services provided is limited.

- Indemnification - If you do something that causes harm to FH or violate the Terms, you agree to repay FH for the damage you caused.

- Infringement - If you think someone has violated your intellectual property rights or the intellectual property rights of someone else, please let us know.

- Disputes - If there is a legal dispute arising from these Terms or your use of the Platform, it must be resolved in a Wisconsin court and will be governed by Wisconsin law.

- Term and Termination - We may terminate your right to use the Platform at any time for any reason.

- Privacy Policy - Please read our Privacy Policy because it is part of these terms too.

This summary is not part of the contract between you and FH, but is intended to help you understand the Terms. Before you tap the button to accept these Terms, you should review the full Terms below.

4 Use of the Platform

Through the Platform, FH may provide you with access to a variety of information, resources, and interactive tools, including MyChart and other digital services. In order to use some of the services, you may be required to agree to additional terms and conditions, which become part of these Terms.

Other than any direct virtual care from health care professionals, the Platform is intended solely for your information and convenience. The Platform is meant to offer you a general understanding of health care topics, medical conditions, and FH programs and services.

If you think you may have a medical emergency, call your doctor or dial 9-1-1 immediately.

FH does not recommend the self-management of health or medical problems. FH does not promote or recommend any particular form of medical or alternative treatment.

Use of the Platform is at your own risk. You will be solely responsible for your use of and reliance on the content in the Platform. You will be solely responsible for the decisions or actions resulting from your use of the Platform.

5 Privacy

The information available through the Platform may be protected health information (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”), and other state and federal privacy laws. For more information about patient rights with respect to their PHI and how we use, disclose, and protect the PHI, please review, as applicable, the Joint Notice of Privacy Practice for the FH Affiliates (the “Joint Notice of Privacy Practice”), and the Notice of Privacy Practices for any of the other Provider Organizations.

Please also read the online Privacy Policy of FH and the FH Affiliates (the “FH Online Privacy Policy”) to learn about the online information collection, use, and privacy practices associated with the Platform. To the extent of a conflict between the Joint Notice of Privacy Practice, these Terms, and the FH Online Privacy Policy, the terms of the documents shall control in the foregoing order.

You are solely responsible for any sharing (e.g., via email, text message, or other communication methods) of the information available through the Platform, intentionally or unintentionally, to other people or other entities, including health care providers and outside vendors of mobile applications or other products and services.

To the extent that any of the services provided through the Platform require the use of your mobile location, we will request your consent before obtaining and using your mobile location. All mobile location data that we collect from you will be treated in accordance with our Privacy Policy as your personal information.

6 Relationship of the Platform and Your Medical Record Information

The Platform provides a communication tool offered to you only as a convenience. You may receive messages, test results, and other communications through the Platform. The Platform provides online access to a portion of the patient electronic medical record stored in our Epic EHR System; the entire patient medical record is not available through the Platform. Access to the complete patient medical record may be requested as described in the Joint Notice of Privacy Practice or the Notice of Privacy Practices for any other Provider Organizations, as applicable.

Any messages you send to us in the Platform may be routed to an appropriate person for handling, and someone other than the patient’s physician may be involved in addressing requests. The message and response may become part of the patient medical record.

7 Enrollment and Account Activation

When you initially sign up for an account, you will be asked to create a personal login name and a password. Anyone with access to your login name and password would be able to access confidential medical information, read your messages, and send new messages as if that person were you. It is your responsibility to protect your login and password, and to change your password if you feel that its security has been compromised. You may change your password at any time. We shall not be liable or responsible for any damages that result from your failure to keep your password secure. You are responsible for all of your activity in your account and all activity of anyone you permit to access your account.

As part of activating your account, you are required to provide us with a valid email address and are required to update this address if you later change your email account. When providing an email address, please keep in mind that it will be used to notify you when new information is available in your account and that these email messages may not be encrypted and secure.

FH may verify your identity using information from wireless network providers. To improve security and ease of use, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use, or to disclose to us and our third party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber and device status details, if available, where provided in accordance with your mobile operator’s privacy policy for the duration of our business relationship solely to help verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of our services and the Platform.

You may be able to access information from us as well as information from other healthcare organizations when you sign in to your account. You agree that we are not responsible for any information made available by other healthcare organizations through the Platform.

8 Consent to Electronic Communications

By creating an account, you consent to receive electronic communications from FH and the Provider Organizations (e.g., via email, via app messages, via text messages, via secure messages, or through any type of communication channel). These communications may include notices about your account. We (including our employees, providers, agents and contractors), may send messages to you, and may send messages to your personal email account to tell you that you have a message. You agree that any notices, agreements, disclosures or other communications that we send to you electronically through the Platform will satisfy any legal communication requirements, including, but not limited to, any requirement that such communications be in writing. You should maintain copies of electronic communications received from us through the Platform by printing a paper copy or saving an electronic copy.

You agree that we may use all telephone numbers you provide to us to communicate with you by telephone (including cell phone) regarding your account, appointment reminders, bill payment reminders, debt collection efforts, and other information and marketing messages. Further, by clicking “ACCEPT,” you confirm that any telephone number provided is your telephone number, and you authorize us to contact you with marketing and other information by calling you at the telephone number(s) you have provided.

9 Access Right and Prohibited Uses

FH hereby grants you a limited, revocable right to make personal use of the Platform and its features only to access information stored in FH’s electronic system for use in the United States of America in accordance with these Terms. This right expressly excludes and you shall not:

· Make any reproduction, duplication, sale, resale, or other commercial use of the Platform;

· Make any derivative of the Platform;

· Collect email addresses, health information, or other information about other users (except that a proxy may collect information about the patient);

· Conduct any data mining (or conduct any other data extraction for commercial or other non-personal use);

· Upload, transmit or capture any data or other content of any type (including messaging) that infringes upon, misappropriates, or violates the rights of any other person;

· Log in pretending to be another person;

· Send harmful, unlawful, threatening, or hateful content or engage in other action that could hurt other persons (as determined by us in our sole discretion);

· Take actions that hurt or could hurt the Platform, interfaces, or mobile or other devices; or

· Use the Platform to engage in any unlawful activities.

The Platform may not always be available to you due to system maintenance, back-ups, or other reasons. Access is provided on an “as is available” basis and you are not guaranteed access at any particular time.

10 Additional Terms Associated with Telehealth Services Through the Platform

If a healthcare provider has elected to make telehealth services available through Video Visit and/or eVisit features or other on-demand video visit features within the Platform, by accepting these Terms, you are hereby consenting to clinical services being delivered via telehealth from providers who are located at sites that are remote from the patient. Video Visits, eVisits, and on-demand video visit are a type of “telemedicine” or “telehealth” service. As with any medical procedure, there are potential risks associated with the use of telemedicine or other forms of telehealth services, which may include, without limitation, the following:

· Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the telehealth technology, or miscommunications between you and the healthcare provider;

· Security protocols could fail, causing a breach of privacy of personal health information;

· Lack of access to the patient medical records or other information, which could result in negative health outcomes (e.g., adverse drug interactions or allergic reactions); and

· Inability to perform an in-person examination, which could result in negative health outcomes.

Providers may include primary care physicians, specialists, and/or subspecialists. The information provided to providers via Video Visits, eVisits, and on-demand video visit may be used for diagnosis, treatment, follow up and/or education, and may include live two-way audio and video and other materials (e.g., medical record information). The scope of the clinical services delivered via Video Visits, eVisits, and on-demand video visit will be at the sole discretion of the provider who is interacting with the patient, with no guarantee of diagnosis, treatment, or prescription. The provider will determine whether or not the condition being diagnosed and/or treated is appropriate for a telemedicine encounter via the Platform.

In addition, the following consents and terms apply to users receiving clinical services via the Platform who are listed in the states listed below (to the extent applicable):

· Connecticut: The patient’s primary care provider may obtain a copy of the patient’s records from the telemedicine consultation.

· Kentucky and Nebraska: The patient has the right to be informed of any party who will be present during the telemedicine service. The patient can exclude anyone from being present and the patient can object to the videotaping of the consultation. In addition, the patient has the right to request an in-person consult immediately after the telemedicine service and the patient will be informed if such consult is not available.

· Tennessee: The patient may request an in-person assessment before receiving the telemedicine service.

· Vermont: The patient may request an in-person consultation and will receive one upon request immediately or within a reasonable time after the results of the initial consult.

By clicking “ACCEPT” or by accessing or using the Platform, you acknowledge and accept the risks identified above and the terms associated with the receipt of clinical services via the Platform and the patient gives the patient’s informed consent to receive clinical services under the terms described herein.

11 The Platform is not for Emergencies or Urgent Matters

The Platform should never be used for emergencies or urgent matters. The anticipated turnaround time for response to electronic messages is two business days, but could be longer.

If the patient’s provider is out of the office or unavailable, messages sent via the Platform may be routed to other authorized caregivers to facilitate a timely response to your request. In addition, a provider may send the patient messages via the Platform. It is the patient’s responsibility to monitor these messages and respond in an appropriate manner.

12 Proxy Access for Persons Involved in Your Care

The patient may designate another person involved with the patient’s care, called a “Proxy”, to receive the patient’s information through the Platform, including the patient’s electronic medical record in our Epic EHR System. A parent or legal guardian may obtain Proxy access to a minor patient’s account prior to the patient’s 12th birthday. The Proxy will be able to access the patient’s electronic medical record in our Epic EHR System, including the ability to download, print, email and provide access to the information to others. If the patient has a Proxy, the Proxy must agree, and the patient (other than minor patients) must complete enrollment and consent forms permitting such access from time to time.

Access to a minor patient’s electronic medical record in our Epic EHR System is only available to the minor’s birth parents or individuals with legal guardianship via a Proxy access. If a parent or legal guardian has Proxy access to a minor patient’s account prior to the patient’s 12th birthday, the Proxy access will automatically terminate on the patient’s 12th birthday.

If the Proxy’s legal relationship with the patient changes, please notify your provider. We reserve the right to revoke Proxy access at any time for any reason.

An adult patient might authorize us to provide access to the patient’s electronic medical record in our Epic EHR System to persons (18 years or older) who the patient listed. The patient understands that the information is obtained from the patient’s electronic medical record in our Epic EHR System and our Platform and may include information from other providers or third parties. The patient authorizes us to provide the patient’s Proxy with access to any of the patient’s electronic medical record in our Epic EHR System available through the Platform, including, if applicable, information related to the diagnosis and treatment of mental illness, developmental disabilities, sexually transmitted diseases, HIV test results, genetic testing results, and substance use disorders.

The term of the Proxy authorization for an adult patient begins on the date of the patient’s signature on a Proxy designation form or when an electronic registration is submitted. The term of the Proxy authorization for a minor patient under the age of 12 begins when a parent or legal guardian acting as a Proxy activates the patient’s account. The term continues until we terminate the Proxy, you terminate the Proxy by revoking the authorization through the patient’s account settings or on a minor patient’s 12th birthday. If the patient revokes this authorization, the applicable Proxy’s access to the patient’s electronic medical record in our Epic EHR System will end. However, the patient’s revocation will not affect any releases of information that were made prior to processing the revocation request in reliance on these Terms.

13 Information Does Not Constitute Medical Advice

Other than any direct virtual care from health care professionals available through the Platform or Video Visit, eVisit features, or other on-demand video visit features within the Platform, FH and the Provider Organizations assume no responsibility for how you use the information you obtain from the Platform. You should consult with a physician or other health care provider regarding the patient’s condition and how the information you can view and receive through the Platform may or may not be complete or how information available through online links in the Platform may or may not apply to you. Therefore, you acknowledge that the Platform should not be used to make healthcare decisions or diagnosis and FH and the Provider Organizations shall not be liable to you for any personal injury or death arising from your use or misuse of the Platform or any information or content therein.

The patient should never change or stop any course of treatment prescribed by the patient’s physician without first consulting him or her. Always seek the advice of the patient’s physician or other qualified health care professional with any questions you may have regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Platform, including through a third-party website link.

14 Restriction/Termination of Access to the Platform

We reserve the right to restrict or terminate access to the Platform at any time for any reason. Without limiting the foregoing, if your use of the Platform violates these Terms, we may permanently terminate your access to the Platform. We will also inactivate an account after we become aware of the patient’s death.

15 Ownership

The Platform is owned by FH or its licensors and any content made available for download through the Platform are owned by us, Epic Systems Corporation, and other third-party licensors and providers and protected by U.S. and foreign copyright, trademark, and other intellectual property laws. All intellectual property rights in the Platform are owned by FH or its licensors. The Platform is licensed, and not sold, to you for use in accordance with these Terms. FH, for itself and its licensors, reserves all rights not expressly granted to you.

16 Trademarks

The trademarks, logos, and service marks (collectively, “Trademarks”) displayed as part of the Platform are registered and unregistered Trademarks of FH and the Provider Organizations. All other trademarks, service marks, and logos used in the Platform, including, but not limited to, MyChart and Epic, are the trademarks, service marks, or logos of their respective owners. Nothing in the Platform should be construed as granting any license or right to use any trademark, service mark, or logo displayed in the Platform without the owner’s express permission. MyChart® is a registered trademark of Epic Systems Corporation. No trademark displayed as part of the Platform may be used without written permission of the owner of such trademark.

17 Accuracy of Information

Although we attempt to maintain the accuracy of data available through the Platform, we make no guarantees whatsoever as to the accuracy of the Platform or MyChart data. It is possible that the Platform and MyChart could include typographical errors, inaccuracies, or other errors. Information contained in the Platform and MyChart may be changed or updated without notice. If an inaccuracy is identified, you should inform us so that it can be corrected.

18 Security

The security of your information is important to us. We have implemented and maintain reasonable technical, physical, and administrative security measures intended to protect against unauthorized use, disclosure, alteration or destruction of information available through the Platform. You should keep in mind, however, that no data transmitted over the Internet is 100% secure and any information disclosed online can potentially be collected and used by persons other than the intended recipient. As a result, while we strive to protect your information, we cannot guarantee or warrant the security of any information you transmit to or from the Platform. Without limiting the foregoing, we cannot be held responsible for unauthorized access to your information resulting from:

· Your not logging out of the Platform;

· The loss or theft of your account password;

· Your downloading, printing, or sharing information from the Platform;

· Unauthorized disclosure resulting from personal computer settings or installed software products that may compromise information security;

· Unauthorized disclosure though third-party online programs, software applications, and mobile applications that you authorize to be interfaced to the Platform;

· Unauthorized disclosure by a person or company to which you email, text, or otherwise transmit information, or by an individual or entity which you permit to collect information from the Platform; or

· Other events outside our control.

19 Third-Party Services

The Platform may incorporate or link content, tools, features, and sites provided by third parties (collectively, “Third-Party Services”). FH does not recommend and does not endorse any Third-Party Services. FH is not responsible for Third-Party Services. FH does not make any representation or warranty regarding the content or accuracy of Third-Party Services. Your use of Third-Party Services is at your own risk and subject to the terms and conditions of use for such Third-Party Services. These Terms only apply to the Platform. We encourage you to read the terms of use, privacy policies, and other policies which apply to such websites and apps before using them. When you access MyChart from a third-party product or service that does not contain our logo and that requires you to provide your MyChart credentials, you are outside of the Platform.

The Platform may provide links or interface with products and services of third-party companies that we have made arrangements with to offer you services to help you manage the patient’s health or to take and fulfill orders when you purchase items or materials from us. These third-party products and services may be co-branded, meaning that they display our logo or the MyChart logo and the logo of the third-party company, but they are owned and controlled by the third party.

The Platform also may provide links to or interface with third-party online products and services with which we have no business relationship with the third-party that controls the product or service and a link or interface is provided only as a convenience to you.

We make no representations or warranties whatsoever about any mobile applications or other third-party product or service described in this Section or any advertisements in the Platform. We are not responsible for the acts or omissions of these third-party companies or how they use and disclose information about you. The third-party products and services are independent from the Platform. When you use the links in the Platform to access third-party products or services or access, request or save your information though products and services interfaced with the Platform, you do so entirely at your own risk.

We have no control over the content on third-party products or services and do not endorse or accept any responsibility for the content or your use of the products or services. We would like to hear from you if you find any product or service linked to within the Platform or any product or service interfaced with the Platform objectionable.

We disclaim all representations and warranties as to the security or privacy of any data you provide to any third party. We do not ensure the security of communications not under our control, including your sharing of information with other health care providers or access to your account by third-party companies which you permit.

Only the third parties’ terms of use and privacy policies will apply to your use of their products and services and the third parties’ use of the patient’s information. The third-party products and services are not governed by the Joint Notice of Privacy Practice or the FH Online Privacy Policy.

20 Age of Users

You must be at least 18 years of age (or have a Proxy) to use the Platform. Some Third-Party Services may only be accessed and used by individuals of a certain age. You agree to only access and use the Third-Party Services if you meet the age requirements.

21 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ITS CONTENT AND ALL RELATED SERVICES FURNISHED TO YOU BY FH AND THE PROVIDER ORGANIZATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FH AND THE PROVIDER ORGANIZATIONS DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THE PLATFORM WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY CONTENT PROVIDED THROUGH THE PLATFORM WILL BE CURRENT OR ACCURATE; OR THAT A PARTICULAR PRODUCT OR SERVICE YOU SEE ON THE PLATFORM WILL BE AVAILABLE TO YOU. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, ALL PLATFORM-RELATED SERVICES, AND YOUR USE OF ANY THIRD-PARTY PRODUCTS OR SERVICES INTERFACED OR LINKED TO THE PLATFORM.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FH OR ANY PROVIDER ORGANIZATIONS SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES IN THE PLATFORM TO SPECIFIC THIRD-PARTY COMPANIES OR THIRD-PARTY PRODUCTS OR SERVICES DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY US.

22 Limitation of Liability

FH AND THE PROVIDER ORGANIZATIONS (COLLECTIVELY, THE “FH PARTIES”) ARE NEITHER RESPONSIBLE NOR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY THIRD-PARTY PRODUCTS OR SERVICES LINKED TO THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF APPLICABLE LAW PROHIBITS THE DISCLAIMER OF DIRECT OR ANY OTHER CATEGORY OF DAMAGES, THE FH PARTIES’ AGGREGATE LIABILITY TO YOU FOR SUCH DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO ACCESS OR USE THE PLATFORM IN THE THREE (3) MONTHS PRIOR TO THE EVENTS GIVING RISE TO ANY CLAIM, OR, IF NO SUCH PAYMENTS HAVE BEEN MADE BY YOU TO ACCESS OR USE THE PLATFORM, THEN FIFTY U.S. DOLLARS ($50).

23 Indemnification

You agree to indemnify and hold harmless FH and the Provider Organizations and each of our respective employees, providers, agents, and contractors, from and against any and all actions, causes of action, suits, and other third-party claims (collectively, “Claims”) and any liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) and other losses (collectively, “Losses”) arising out of or relating to: (i) your access to and/or use of, your inability to use, or your reliance upon, the Platform or any third-party products and services available through links in the Platform or interfaces to the Platform; (ii) your download, use or transmission of information in the Platform, directly or indirectly, or your consent to permit a third-party to download, use or transmit the information; and/or (iii) your breach of these Terms or any applicable law. You agree to promptly notify FH at the address below of any third party claims and cooperate with FH and the Provider Organizations in defending such claims). You further agree that FH (or a Provider Organization designated in a written notice to you by FH) shall have control of the defense or settlement of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and FH or any Provider Organization. This indemnity shall survive the expiration or earlier termination of these Terms.

24 Infringement Notices

As provided in the Digital Millennium Copyright Act (DMCA), FH has designated the following individual for notification of potential copyright infringement regarding the Platform:

Froedtert Health, Inc.

9200 West Wisconsin Avenue

Milwaukee, WI 53226

Attn: General Counsel

If you believe any content available through the Platform infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):

· a physical or electronic signature of the copyright owner or authorized agent;

· identification of the copyrighted work(s) claimed to have been infringed;

· identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

· information regarding how FH may contact you (e.g., mailing address, telephone number, e-mail address);

· a statement that the copyright owner or its authorized agent 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 made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

25 Waiver of Right to Pursue Class Action Claims

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FH OR ANY PROVIDER ORGANIZATION.

YOU AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM IS PERSONAL TO YOU AND FH AND ANY APPLICABLE PROVIDER ORGANIZATION. AS SUCH, YOU AGREE TO ONLY RESOLVE DISPUTES WITH FH AND ANY PROVIDER ORGANIZATION ON AN INDIVIDUAL BASIS, AND WAIVE ANY RIGHT TO PURSUE ANY CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST FH AND ANY PROVIDER ORGANIZATION ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

26 International Use

The Platform is intended for use in the United States of America only. All matters relating to the Platform are governed by the laws of the State of Wisconsin in the United States of America. If use the Platform or contact us from outside of the United States of America, please be advised that (i) any information you provide to us or that we automatically collect will be transferred to the United States of America; and (ii) by using the Platform or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States of America in accordance with these Terms.

27 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 changed Terms’ effective date at the top of this page. Your continued use of the Platform after changes have been posted indicates your consent to any changed Terms. If you do not agree to the changed Terms, you should immediately terminate your use of the Platform.

28 Miscellaneous

· Entire Agreement. These Terms and all documents and agreements expressly incorporated herein are the entire understanding of you and us with respect to the subject matter of these Terms.

· Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of FH or any Provider Organization to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

· Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms to the minimum extent required by law, and shall not affect the validity and enforceability of any remaining provisions.

· Governing Law and Venue. These Terms are governed by Wisconsin law without regard to its principles of conflicts of law. If any version of the Uniform Computer Information Transactions Act (UCITA) is enacted as part of Wisconsin law, that statute shall not govern any aspect of these Terms. Any dispute between you and us shall be resolved on an individual basis in the state or federal courts of the State of Wisconsin and the United States, respectively, sitting in Milwaukee County Wisconsin.

· The parties hereby disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods. If any of these Terms is found invalid or unenforceable by a decision which legally binds FH, all other Terms will remain in full force and effect, and the invalid provision will be partially enforced insofar as possible to give effect to its purpose.

29 Contact Information

If you have a technical question or concern related to the Platform, please contact us at the email address or phone number below.

Froedtert &MCW Digital Support Team

Email: DigitalSupportTeam@froedtert.com

Phone: (414) 777-0900

If you have a question or concern about how your information in the Platform is being used or shared, please contact us at the email address below:

Privacy Officer

Froedtert Health & Affiliates, 414-259-0220

N74 W12501 Leatherwood Court, Menomonee Falls, WI 53051

Should you have any need to contact FH about these Terms, you must send a letter to the address listed below. The letter must be sent using a reliable, traceable method, such as certified mail or reputable courier service.

Froedtert Health, Inc.

9200 West Wisconsin Avenue

Milwaukee, WI 53226

Attn: General Counsel

36412072_11.DOCX

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