Terms of Use
Accessia Health Terms of Use
Effective Date: 01-06-2025
1. Acceptance
These terms of use (“Terms of Use”) are entered into by and between you and Accessia Health (“Company,” “us”, “our,” or “we”). These Terms of Use govern your access to and use of our website at www.accessiahealth.org (the “Website”) and our patient portals featured thereon (the “Portals”) (collectively, the “Services”), including any content, software, functionality, and services offered on or through the Services.
Please carefully review these Terms of Use before you access or use the Services. If you do not want to agree to these Terms of Use or the Accessia Health Privacy Policy at accessiahealth.org/privacy-policy, which is incorporated herein by reference, you must not access or use the Services. Use of the Services indicates your acceptance of these Terms of Use and any documents incorporated herein.
The Services are offered and available to users who: (i) are of legal age to enter into these Terms of Use; (ii) are considered legal adults under applicable law or, if they are not, that have obtained parental or guardian consent to enter into these Terms of Use, and (iii) may legally use the Services in their jurisdiction of residence. By using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
2. Changes to the Terms of Use
We reserve the right to update these Terms of Use at any time. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this webpage from time to time so you are aware of any changes, as they are binding on you.
3. Security
While we implement and maintain safeguards to prevent unauthorized access or interception of information and documents provided through the Services as described herein and in our Privacy Policy, we cannot guarantee that the use of our Services or any transmission of documents or other communications through the Website or Portals is 100% secure. All use of the Services is therefore at your own risk, and we are not responsible for any interception or unauthorized access of information or documents, or related damages suffered by a user of the Services, even if we have been previously advised of the possibility of such damages.
We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of or all of the Services.
To access certain Services, you may be asked to provide certain registration details or other information to create a user account (“User Account”). It is a condition of your use of the Portals that all information you provide in connection with your User Account to access any Portals, as applicable, is correct, current, and complete. You must use the Portals for lawful purposes only that are authorized under these Terms of Use, and you agree that your use of the Portals and any information provided in connection therewith is not to deceive Accessia Health or any third party, or to commit fraud. You agree that all information you provide in connection with your User Account is governed by our Privacy Policy and that you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You agree to treat all usernames, passwords, or other information associated with your User Account as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your User Account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security regarding your User Account. We have the right to suspend or disable any User Account at any time in our sole discretion for any or no reason, including if, in our opinion, its security has been compromised or if you have violated any provision of these Terms of Use.
4. Children and Minors
As noted in its Privacy Policy, Accessia Health’s Services do not target and are not intended for anyone under eighteen (18) years of age or that are otherwise considered minors under applicable law. We do not knowingly or specifically collect personal information from minors without the consent of their parent, guardian or other authorized person.
5. License & Restrictions
License Grant
The Company grants you a non-exclusive, non-transferable, limited right to access and use and the Services, including the Website and Portals and any content, software, functionality, and services offered thereon, subject to the terms and conditions herein. Your use of and the license granted hereunder for the Services is subject to all applicable laws, rules, and regulations. You are solely responsible for your use of the Services, including any communications made through the Services and the use of any documents, information, or materials uploaded or downloaded from the Website or Portals. We provide the Portals solely for use by users that have agreed to these Terms of Use and, for any Portal access that requires a User Account, that have a registered User Account that was created and is maintained in compliance with these Terms of Use
Restrictions & Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use.
You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm other users or minors in any way.
- To send, knowingly receive, upload, download, use, or re-use any material or documents for purposes not explicitly authorized by the Company or these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair our Website or Portal or interfere with any other party’s use thereof.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services or any documents, information, or materials uploaded thereto.
- Use any device, software, or routine that interferes with the proper working of the Services, or to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
6. Not Medical Advice; Reliance on Information Posted & Third-Party Content/Websites
The Website and Portal do not offer medical advice. Any content provided or accessed through the Services, including any chatbot or live chat feature responses, are for informational purposes only. You should not use the Services to diagnose or treat a disease or health problem. You acknowledge that we are not engaged in rendering legal, medical, or counseling services or advice. Please consult a doctor or other qualified health care provider if you have any questions about a medical condition and call 911 for all medical emergencies.
We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to or user of the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties and links to third parties’ websites or services, which are solely the responsibility of the third party providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. If you use links to third-party websites, you will leave our Website or the Portal, and you do so at your own risk.
7. User Contributions
The Company is not responsible for any documents, data, information, or other materials uploaded to the Website or Portal by users. To the extent the Services include any interactive features or allow users to post or upload content or materials (such as any chat features), you agree that such contributions (“User Contributions”) will be considered non-confidential and non-proprietary. User Contributions that contain personal information are subject to Accessia Health’s Privacy Policy and/or Accessia Health’s Notice of Privacy Practices for personal health information here, as applicable, which are incorporated herein by reference.
By providing any User Contributions on the Website or Portal, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You further represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and that all of your User Contributions do and will comply with these Terms of Use.
User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and Accessia Health’s Privacy Policy; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act; or (vii) impersonate any person or misrepresent your identity or affiliation with any person or organization, or give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
8. Intellectual Property Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, including, for the avoidance of doubt, any results provided to users in the Portal) are owned by the Company, its licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not use the Services for any purposes that are not expressly permitted. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Portal, except: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials and you may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not modify the Services in any way, including deleting or altering any copyright, trademark, or other proprietary rights notices. You may use the Services for your own informational purposes only, and not for other purposes, including commercial purposes, and you may not access, download, view, or otherwise use any documents or other content or materials made available through the Services in any manner that you were not specifically authorized or instructed, or that is not expressly permitted.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services, including the Portal, is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Copyright and Trademark Information
Unless otherwise noted, the Company owns or licenses all trademarks, service marks, trade names, and logos used in or on the Services including without limitation “ACCESSIA HEALTH.”
9. Governing Law
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule.
10. Arbitration & Class Action Waiver
Please read this section carefully. Except as otherwise provided in these Terms of Use, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action. You and the Company agree to submit to mandatory binding arbitration any and all claims arising out of or related to these Terms of Use and your use of the Services. To the fullest extent permitted by law, you and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in your or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. Nothing in this Section restricts your legal rights under applicable law.
11. Severability and Waiver
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No failure or delay by the Company to exercise any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by us of a breach of any provision of these Terms of use shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms of Use unless and until agreed to in writing by us.
12. Indemnification
You agree to indemnify, defend, and hold the Company and our affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees and costs, that arise from your use or misuse of the Services, including any violations of these Terms of Use.
13. Disclaimer of Warranties
WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE RELIABILITY OF ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SERVICES OR OF ANY DOCUMENTS, INFORMATION, OR RESULTS UPLOADED, DOWNLOADED, ACCESSED, VIEWED, PROCESSED, OR OTHERWISE USED IN CONNECTION WITH THE PORTAL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR, (D) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SERVICES AND TO MAKE ANY OTHER CHANGES TO THE SERVICES OR THE CONTENT AND MATERIALS THEREON/THE SERVICES OFFERED THROUGH OUR WEBSITE OR THE PORTAL AT ANY TIME WITHOUT NOTICE. THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, MERCHANT-ABILITY, NON-INFRINGEMENT, OR FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. International Users
We make no representation that the Services are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Services or export any data, documents, or other materials using the Services in violation of U.S. export laws and regulations. If you access the Services from a location outside of the United States, you are responsible for compliance with all local laws.
15. Limitation of Damages
IN NO EVENT SHALL WE, OR ANY OF OUR AFFILIATES, BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM), THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SERVICES OR ANY LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend access to all or part of the Services with or without notice for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating access, and may be referred to law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the Portal and any content, software, functionality, and services offered on or through the Portals, immediately ceases, and you acknowledge and agree that we may immediately delete all related information and files and/or bar any further access to the Services. You acknowledge and agree that the Company is not liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection therewith.
If you have questions or contacts about these Terms of Use, please contact us at compliance@accessiahealth.org.