Last Updated on: Dec 20, 2021
TERMS OF USE
Thank you for choosing the EHRYourWayTM Clinical Web API.
In the following document the term “EHRYourWay” refers to the EHR vendor, who provided software to health care organizations
(doctors/clinics, hospitals). The term “External Agents” collectively refers to a patient, and/or app developer and/or vendor of software application, and/or a health care provider and/or health care organization, who intends to access health information of self, or of a person, maintained on EHRYourWay servers. The term “You” refers to any or all of the external agents said above.
Access to EHRYourWay Clinical Web API, is governed by the following terms and aconditions. By accessing or using the EHRYourWay Clinical Web API, the external agents both individually and collectively, agree to be bound by these Terms.
1. Preamble
Pursuant to requirements set forth by the OFFICE OF THE NATIONAL
COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY (ONC) for
certification of EHR for the 2015 edition, EHRYourWay has made
available the “EHRYourWay Clinical Web API” via its web sites, to
enable retrieval of patient information from the EHRYourWay
servers.
2. Right to Use and Represent
a. Legal Age
You represent and warrant that you are at least 18 years of age,
and that you possess the legal right and ability, to agree to these
Terms, and to use the EHRYourWay Clinical Web API, in accordance
with these Terms.
b. Third Parties
If you are using the EHRYourWay Clinical Web API, on behalf of
another entity, you represent and warrant that you have permission
for such use, and bear all liabilities set forth in law, for any
misuse.
3. Changes to Software and Terms
a. Changes to EHRYourWay Clinical Web API
EHRYourWay may modify or update the EHRYourWay Clinical Web API
from time to time. Future version(s) of the EHRYourWay Clinical Web
API are may or may not be backwards compatible with previous
versions.
b. Changes to EHRYourWay Clinical Web API Terms of Use
EHRYourWay may change and update these Terms from time to time, and
if you are unable to comply with any amended version of the Terms,
you should stop use of the EHRYourWay Clinical Web API immediately.
4. RESPONSIBILITIES AND REPRESENTATIONS
a. Compliance with all applicable Laws
You agree to comply with all applicable laws, rules and regulations
relating to the use of the EHRYourWay Clinical Web API, and shall
not use it in any way or manner deemed unlawful, and bear all
liabilities for all damages occuring for unlawful use.
b. Registration
There is no registration for using the EHRYourWay Clinical Web API.
However the patient must give consent for external access of the
patient information, and receives an userid and password for
accessing the information, via the EHRYourWay Clinical Web API.
c. App Developers and VendorS
You represent and warrant that your app is stable, and that there
is no malware or viruses in the app, which could cause damages to
EHRYourWay servers, and web sites.
d. Support
EHRYourWay provides customer support to its clients (who are
health care providers)and patients of its clients, who intend to
use the API directly without a software app. App developers and
software vendors must rely on documentation provided on EHRYourWay
websites.
e. Privacy Policy
The external agents agree to comply with publicly accessible
privacy policies for healthcare, like HIPPA, set forth by the
national and regional organizations.
5. Regional and HCO Regulations
The external agents agree to abide by the regional rules and
regulations and the rules and regulations of the health care
organizations(HCO’s).
6. EHRYourWay Clinical Web API RESTRICTIONS
The external agents shall not -
a. Sell, lease or sublicense the EHRYourWay Clinical Web API or any
data derived through the EHRYourWay Clinical Web API.
b. Reverse engineer or attempt to extract the source code from any
API or any related software.
c. Perform an Action with the intent of introducing any viruses,
defects, malware, or any items of a destructive nature, in
EHRYourWay servers and websites.
d. Interfere with or disrupt the EHRYourWay Clinical Web API or the
servers or websites or networks owned by EHRYourWay.
e. Exceed limits of queries by repeating content, or cause any
other kind of buffer overflows, or replay requests.
f. Send any extraneous or offending material of any nature, in
their transmissions.
7. EHRYourWay Clinical Web API LIMITATIONS
EHRYourWay can set and enforce limits on use of the EHRYourWay
Clinical Web API, without notice or liability, at our sole
discretion.
a. Specifically, EHRYourWay reserves the right to throttle apps or
login’s making a large number of calls to the EHRYourWay Clinical
Web API Servers.
b. Disable, restrict or remove your app’s or login’s access to the
EHRYourWay Clinical Web API, or parts of it, when fair usage norms
are violated.
8. OWNERSHIP
EHRYourWay retains ownership of EHRYourWay property and reserves
all of its applicable rights with respect to the content of this
site, the EHRYourWay EHR software and the EHRYourWay Clinical Web
API. Nothing in these Terms shall convey any transfer of ownership
of EHRYourWay’s property.
9. INDEMNIFICATION
The external agents agree to indemnify, defend and hold harmless
EHRYourWay, its officers, directors, employees, agents, affiliates,
information providers and suppliers from and against all claims,
liabilities, losses, expenses, damages and costs, including
reasonable attorneys fees, resulting from any claims arising from
your use of the EHRYourWay Clinical Web API or the EHRYourWay web
site/web servers (including but not limited to infringement of
third parties intellectual property rights, misappropriation of
trade secrets or other proprietary rights or negligent or wrongful
conduct).
10. DISCLAIMERS
This site and the EHRYourWay Clinical Web API are provided on an
“as is” and “as available” basis. The external agents expressly
agree that use of this site and/or the EHRYourWay Clinical Web API
is at its sole risk. To the fullest extent permitted by law,
EHRYourWay and its officers, directors, employees, agents,
affiliates, information providers and suppliers disclaim all
warranties of any kind, whether expressively or implied, including
without limitation any warranty of merchantability, fitness for a
particular purpose, title, or non-infringement. EHRYourWay makes
no representations about the suitability, reliability,
availability, and accuracy of the EHRYourWay Clinical Web API or
other information, technology, software, products, services and
related graphics provided by EHRYourWay for any purpose.
11. LIMITATION OF LIABILITY
To the fullest extent permitted by law, under no circumstances,
shall EHRYourWay, its officers, directors, employees, agents,
affiliates, information providers and/or its suppliers be liable
for any direct, indirect, punitive, incidental, special,
consequential damages or any other damages whatsoever including,
without limitation, damages for loss of use, data or profits,
arising out of or in any way connected with the access, use or
performance of the EHRYourWay Clinical Web API, with the delay or
inability to use the EHRYourWay Clinical Web API or related
technology, software or services, the provision of or failure to
provide the EHRYourWay Clinical Web API, software or services, or
for any information, software, products, services and related
graphics obtained from EHRYourWay, or otherwise arising out of the
use of the EHRYourWay Clinical Web API, whether based on contract,
tort, negligence, strict liability or otherwise, even if
EHRYourWay has been advised of the possibility of damages. If you
are dissatisfied with any portion of the EHRYourWay Clinical Web
API or with these terms of use, your sole and exclusive remedy is
to discontinue using the EHRYourWay Clinical Web API.
Notwithstanding the foregoing paragraph, the total liability of
EHRYourWay,its officers, directors, employees, agents, affiliates,
information providers and/or suppliers, if any, for losses or
damages shall not exceed the fees paid by you exclusively for the
use of the EHRYourWay Clinical Web API, setforth in the preamble,
and excludes fees paid, for all other services, software and API’s
provided by EHRYourWay.
12. THIRD PARTY CONTENT
The EHRYourWay Clinical Web API may contain software, materials,
content, data, or information provided, posted, or offered by
third parties. You agree that neither EHRYourWay nor its
affiliates shall have any liability whatsoever to you for any such
third party software, materials, content, data, or information.
13. TERM AND TERMINATION
Either the external agents, or EHRYourWay or the HCO may terminate
right to use the EHRYourWay Clinical Web API at any time,
with or without cause or notice.
14. PUBLICITY
You will not make any statement regarding your use of the
EHRYourWay Clinical Web API which suggests partnership with,
sponsorship by, or endorsement by EHRYourWay without EHRYourWay’s
written approval.
15. APPLICABLE LAW
These Terms shall be governed by and construed in accordance with
the laws of the state of California. Any and all claims arising
out of or relating to these Terms shall be brought in a state or
federal court of competent jurisdiction in the state of
California. You consent to the personal and subject matter
jurisdiction of the state and/or federal courts located in the
state of California and waive (a) any objection to jurisdiction or
venue, or (b) any defense claiming lack of jurisdiction or
improper venue, in any action brought in such courts.