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 Terms and Conditions Statement

 

Welcome to MyChart. Exact Sciences Laboratories, LLC, a Delaware limited liability company, offers access to MyChart, including its content and site functionality to you, subject to and conditioned on your acceptance of the Terms of Use set forth below, including our Privacy Policy. Please read the following information carefully. By registering for and/or accessing, browsing, or otherwise using MyChart, you agree that you have read, understand, and are bound by the Agreement.  We may, in our sole discretion, revise the Agreement from time to time by updating the Agreement with new terms taking effect on the date of posting. You should review the Agreement every time you use MyChart, as it is binding on you.  IF YOU DO NOT INTEND TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE MYCHART.

What Is MyChart?

MyChart is an Internet application that enables a patient to have secure web-based access to their laboratory test results, and allows a secure, convenient communications channel with Exact Sciences for non-urgent messages. You also can use MyChart to share your test results with others, such as your health care providers.  Use of the MyChart application is optional.

Electronic Messaging ? Non-Urgent Matters Only

MyChart should never be used for urgent matters. The anticipated turnaround time for response to electronic messages is two (2) business days. In addition, Exact Sciences is a laboratory and can only provide you with your test results and cannot provide you with any medical diagnosis or advice.  Therefore, for all urgent medical matters, please contact your physician?s office by phone, go to an emergency room, or dial 911.

Access Code

When you initially enroll in MyChart, you will be provided with an access code. The access code you receive will give you the opportunity to create a personal login name and a password. Once this access code has been used, it will no longer be valid. Your user name and password protect the confidentiality of your health information. It is extremely important that you keep your login name and password completely confidential. Please DO NOT share your user name and password with anyone. A person with access to your login name and password will be able to access your confidential medical information. That person will also be able to read your messages and send new messages as if they were you. It is your responsibility to prevent disclosure of your login and password, and to change your password if you feel that your security has been compromised. You may change your password at any time.

Information Does Not Constitute Medical Advice

Exact Sciences assumes no responsibility for how you use the information you obtain from MyChart.  You should consult with a physician or other health care provider regarding your own condition and how MyChart content may or may not apply to you. 

You may be accessing your own medical information via the MyChart application and may wish to communicate with one of your health care providers about that or related information. If you have an emergency, or think you need to speak to someone urgently, please do not use the messaging options provided to you by MyChart. MyChart is not a substitute for your own timely and direct contact with your physician. You should never change or stop any course of treatment prescribed by your physician without first consulting him or her.

Privacy

Your privacy is very important to us, and we are committed to protecting the confidentiality of your medical and other personal information. We will, at all times, maintain your medical and other personal information contained in MyChart in confidence and will not disclose any such information regarding you to any unaffiliated third party unless you direct that person to receive your information, or the information is otherwise permitted or required to be disclosed by law.  Your information maintained in MyChart is subject to applicable state and federal privacy and security laws, this Agreement and our Notice of Privacy Practices.

Secure Communications

All communications between you and Exact Sciences using MyChart occur over a secure connection. You will receive Internet email messages notifying you that new information is available in your MyChart account. This means that any person with access to your email account will be able to see this notification. Although these email messages will not contain any sensitive medical information, the notification that new medical information is available by accessing MyChart may be information that you would not want others to know. Thus, you should take this into account when providing an email address. Your confidential information on MyChart is protected and securely maintained by Exact Sciences.

Eligibility

Exact Sciences provides MyChart for use only by persons located within the United States. Exact Sciences makes no representation that MyChart or its content is appropriate or available for use in locations outside the contiguous United States.

You may use MyChart for personal, noncommercial and lawful purposes. You may not exploit any aspect of MyChart for any commercial purpose without prior written and signed authorization from Exact Sciences. You must comply with all state, local, national and international laws, rules and regulations that apply to MyChart, your use of MyChart, and any products or services you learn about on MyChart or access through MyChart.

Proxy Access

An individual legally responsible for making health care decisions for you may request proxy access to your MyChart account by completing the MyChart Proxy Access Consent Form and submitting it to Exact Sciences. A MyChart account will be activated for both the proxy and the account holder. If the proxy?s legal relationship with the account holder changes, the proxy must inform Exact Sciences immediately by calling Exact Sciences at 844-870-8870 or by sending written notice to 145 E. Badger Rd., Madison, WI 53713.  Exact Sciences reserves the right to revoke proxy access at any time for any reason.

Termination of Access

You may use MyChart if and when it is available. Features may be unavailable, or the experience may not be the same for every user at all times. Exact Sciences does not guarantee availability of any aspect of MyChart or any particular feature. We reserve the right to change, remove, delete, restrict or block access to, or stop providing all or any part of MyChart (including reducing available storage capacity, if any, and removing any of the content contained in MyChart) at any time without notice.

You agree that we may terminate your use of MyChart if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or violated the rights of Exact Sciences or any third party, or for any other reason with or without notice to you.

Prohibited Conduct

By using or accessing MyChart, you represent, warrant and agree that you will not:

  • do anything that could disable, overburden or impair the proper working of MyChart, including any interference with the servers or networks used to make MyChart available or any violation of the requirements, procedures, policies, or regulations of such networks;
  • restrict or inhibit any person from rightfully using MyChart;
  • transmit, post to, or make available through MyChart any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
  • use any robot, spider, scraper or other automated means to access any portion of MyChart;
  • reverse engineer, decompile, or disassemble any portion of MyChart;
  • send spam or any other unauthorized advertisements or solicitations through or using MyChart;
  • use an iFrame or offer web search functionality on MyChart;
  • harvest, collect or use addresses, phone numbers or email addresses or other contact information of users of MyChart;
  • solicit private information (including social security numbers, credit card numbers and passwords) from users of MyChart;
  • impersonate any person or entity, including any moderator or any of our representatives, falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with MyChart, or stating or implying that we endorse any statement you make or product or service you provide;
  • transmit, post to, or make available through MyChart any content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that Exact Sciences may consider offensive;
  • transmit, post to, or make available through MyChart any addresses, phone numbers or email addresses or other contact information or private information of any third party or any content that violates the law or anyone?s rights, including intellectual property rights or other proprietary rights (such as rights of publicity and privacy);
  • transmit, post to, or make available through MyChart any false, misleading or fraudulent information;
  • intimidate, harass, or violate the rights of any user or other person;
  • otherwise do anything that is illegal, infringing, fraudulent, malicious or could expose Exact Sciences or users of MyChart to harm or liability; or
  • attempt, encourage or facilitate any of the above.

Corporate Identification and Trademarks

All trademarks, service marks and trade names of Exact Sciences, its partners and licensors (including without limitation: Exact Sciences, the Exact Sciences logo, and the associated designs and logos) (collectively ?Marks?) are trademarks or registered trademarks of Exact Sciences or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without Exact Science?s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a ?hot? link on or to any other website unless establishment of such a link is approved in advance.  MyChart is a registered trademark of Epic Systems Corporation. Nothing on MyChart should be construed as granting any license or right to use any trademark, service mark, or logo displayed on MyChart without the express permission of Exact Sciences or the third party that may own the trademark, service mark, or logo. 

All content of MyChart is Copyright 2017 Exact Sciences and its licensors. All rights reserved.

Accuracy and Integrity of Information

Although Exact Sciences attempts to ensure the integrity of information contained in MyChart, it makes no guarantees whatsoever as to the correctness or accuracy of such information. It is possible that MyChart could include typographical errors, inaccuracies or other errors. In the event that an inaccuracy arises, please inform Exact Sciences so that it can be corrected. Information contained on MyChart may be changed or updated without notice.

Links to Other Sites

Exact Sciences may make available links to websites operated by third parties, including advertisers. Making available any link to a website does not imply endorsement by Exact Sciences of that website or the products or services available through that website; the link for your reference and convenience only. Products, services, and content offered through linked websites are subject to the terms and conditions made available by those respective websites, and the data collection practices of linked websites will be governed by the respective privacy policies of those websites, not by ours. Following links to any other websites or web-based services is at your own risk, and any claims you have with respect to products, services, or content accessed through linked websites are claims against third parties, not against Exact Sciences.

 

Exact Sciences also may post or otherwise provide content of third parties as a service to those that might be interested in this information. Exact Sciences does not warrant, guarantee, or endorse the accuracy, completeness, legality, or innocuousness of any Third-Party Content. Exact Sciences is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk.

 

The user agrees that Exact Sciences is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. The user agrees to not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Exact Sciences is in no way responsible for any such use by the user.

 

Limitation of Liability

 

IN NO EVENT WILL EXACT SCIENCES, OUR AFFILIATES, LICENSORS, SUPPLIERS, OR ADVERTISERS BE LIABLE FOR, AND YOU CANNOT RECOVER, ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EXACT SCIENCES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXACT SCIENCES WILL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED TEN U.S. DOLLARS ($10.00). THIS IS YOUR EXCLUSIVE REMEDY. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.