Mass General Brigham Care Connect Terms of Service

These Mass General Brigham Care Connect Terms of Service (this "Agreement") are a legal agreement between you ("User," "you," or "yours") and Mass General Brigham Incorporated ( "MGB," "we," "our," or "us") and govern your access to and use of Mass General Brigham Care Connect (as defined below).

The following definitions apply to this Agreement. Additional defined terms are indicated throughout.

This Agreement also hereby incorporates by this reference any additional terms and conditions posted by MGB through Mass General Brigham Care Connect or otherwise made available to you by MGB, including our Mass General Brigham Care Connect Application Privacy Policy (the "Application Privacy Policy") and Mass General Brigham's Notice of Privacy Practices (the "Notice of Privacy Practices").

BY ACCESSING OR USING MASS GENERAL BRIGHAM CARE CONNECT, OR OTHERWISE INDICATING YOUR ASSENT BY CLICKING "I ACCEPT", YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT AND AFFIRMING THAT YOU ARE AT LEAST 18 YEARS OF AGE TO ENTER INTO THIS AGREEMENT.

You acknowledge and agree that you have reviewed and accept the terms of this Agreement and you must not use Mass General Brigham Care Connect if you do not agree with the terms of this Agreement.

We may, in our sole discretion, modify or update this Agreement from time to time, by posting such changes through Mass General Brigham Care Connect or making the changes available through any other reasonable means. Please check back to determine if this Agreement has been changed (the date on which this Agreement was last updated is indicated above). By clicking "accept" to new terms or continuing to access to or use of Mass General Brigham Care Connect after any such change constitutes your acceptance of the change. No such change will apply retroactively to any dispute that arose before we posted or otherwise made the change available. If you do not agree to any such change, you must stop using Mass General Brigham Care Connect.

Mass General Brigham Care Connect is a virtual care platform designed to improve patient access to virtual episodic care and virtual primary care as described more specifically in the Mass General Brigham Care Connect Medical Policy (the "Medical Policy"), the terms of which are incorporated into this Agreement by reference. Use of Mass General Brigham Care Connect is limited to those treatments and services described in the Medical Policy.

Additionally, through the use of the Virtual Visit Service, Mass General Brigham Care Connect enables direct interaction with physicians and other health care providers through sharing of personal health information or through virtual consultation with such physicians or health care professionals, and also enables the use of other third-party services. The Virtual Visit Service is provided through health care providers affiliated with Mass General Brigham Community Physicians. MGB does not provide medical care or clinical advice through Mass General Brigham Care Connect.

1.1. Eligibility

You may use Mass General Brigham Care Connect only in compliance with this Agreement and all Applicable Laws. Any use or access to Mass General Brigham Care Connect by anyone under the age of eighteen (18) in the applicable jurisdiction is prohibited. You may only use Mass General Brigham Care Connect if you are located in the United States, and the Virtual Visit Services only if you are located in Massachusetts or New Hampshire.

You must not use Mass General Brigham Care Connect if you were previously removed from Mass General Brigham Care Connect by MGB. In addition to the forgoing, you represent and warrant that you are not a resident of (and will not use Mass General Brigham Care Connect in) a country that the U.S. government has embargoed for use of Mass General Brigham Care Connect, and that you are not named on the U.S. Treasury Department's list of Specially Designated Nationals or any other applicable trade sanctioning regulations.

Any use of Mass General Brigham Care Connect by a User that is not eligible under and according to these Terms of Service is prohibited, and we have no responsibility or liability for any such prohibited use.

1.2. No Clinical Advice

THE MATERIALS PROVIDED THROUGH MASS GENERAL BRIGHAM CARE CONNECT (EXCEPT WHEN RECEIVING CLINICAL SERVICES DIRECTLY FROM A PROVIDER THROUGH THE VIRTUAL VISIT SERVICE), INCLUDING TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, MESSAGES, ARTICLES, POSTS, SIMULATED VIRTUAL CONVERSATIONS, FORUM POSTINGS, AND ANY OTHER MATERIALS, ARE FOR INFORMATIONAL PURPOSES ONLY, DO NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL CLINICAL ADVICE OR TREATMENT (TOGETHER, "MATERIALS").

THE INFORMATION AND CONTENT PROVIDED ON OR ACCESSED THROUGH MASS GENERAL BRIGHAM CARE CONNECT (EXCEPT WHEN RECEIVING CLINICAL SERVICES DIRECTLY FROM A PROVIDER THROUGH THE VIRTUAL VISIT SERVICE), ARE INTENDED FOR GENERAL, NONCOMMERCIAL, INFORMATIONAL PURPOSES ONLY, AND DO NOT CONSTITUTE THE PRACTICE OF MEDICINE OR ANY OTHER PROFESSIONAL JUDGMENT, ADVICE, DIAGNOSIS, OR TREATMENT.

EVEN WHEN ASSESSMENTS ARE BASED ON CLINICAL PROTOCOLS, SUCH ASSESSMENTS DO NOT CONSTITUTE CLINICAL CARE, ADVICE OR DIAGNOSIS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL CLINICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION PROVIDED TO YOU THROUGH MASS GENERAL BRIGHAM CARE CONNECT.

ADDITIONALLY, MGB DOES NOT PROMISE ANY PARTICULAR RESULTS WITH REGARDS TO YOUR HEALTH IN CONNECTION WITH YOUR USE OF THE SERVICE. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 (988 FOR MENTAL HEALTH EMERGENCY) OR YOUR LOCAL EMERGENCY PHONE NUMBER IMMEDIATELY.

The Assessments and any other Materials provided through Mass General Brigham Care Connect may include reference to certain pharmaceuticals. These pharmaceuticals may not be available in all jurisdictions, and in some jurisdictions, they may require a prescription or advice regarding the local brand name from an authorized healthcare professional. The Assessment and Materials are provided for informational purposes only and should not be constructed as specific instructions for individual users or as a substitute for clinical advice, diagnosis, or treatment.

Unless specifically prescribed or ordered to you by one of our Providers, MGB does not recommend or endorse any specific medication, tests, clinicians, products, procedures, opinions, or other information that may be mentioned through Mass General Brigham Care Connect. Reliance on any information provided through Mass General Brigham Care Connect, or by other members of Mass General Brigham Care Connect, is solely at your own risk. We recommend that you use reasonable discretion, and if you do not feel good or if you do not receive feedback within a reasonable time, we recommend that you contact your clinician directly.

1.3. Clinical Advice through Mass General Brigham Care Connect and Risks of Telehealth Services

Any information or advice received from a Provider comes from the Provider, and not from MGB. While MGB may facilitate your selection of and communication with Providers, MGB does not provide clinical services or clinical advice through Mass General Brigham Care Connect, and any Provider-patient relationship is only between you and the applicable Provider. MGB shall not be liable for any professional or other advice you obtain from a Provider via the Virtual Visit Service. To the extent you proceed to a Virtual Visit, You consent to receive clinical care from the applicable Provider using remote electronic communications, such as interactive chat, audio, and/or video communications, specifically through your use of the Virtual Visit Service, where such clinical care may include diagnosis, consultation, treatment, and transfer of electronic medical records and medical data. Please refer to the Mass General Brigham Virtual Care Informed Consent for more information regarding risks associated with remote care services and communications.

1.4. Users

You may access Mass General Brigham Care Connect and functionality that we may establish and maintain from time to time and in our sole discretion subject to this Agreement. We may maintain different types of accounts ("User Accounts") for different types of Users. To access certain features or areas of Mass General Brigham Care Connect, you may be required to provide personal and/or demographic information as part of a registration or login process. If requested, you also agree to provide contact information for a personal contact and/or a close family member or relation, to your Provider through your User Account, to act as an information source in case of a mental health crisis or other emergency where knowledge of your location is crucial. We may reject or require that you change any username, password, or other information that you provide to us in registering.

You may never use another Users' User Account. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date (this includes your contact information, so that we can reliably contact you). You are solely responsible for the activity that occurs in your User Account, and if you are required to provide a password for your User Account, you must keep it secure. You must notify MGB immediately of any breach of security or unauthorized use of your User Account. MGB will not be liable for any losses caused by any unauthorized use of your User Account.

As set forth in the Application Privacy Policy and Notice of Privacy Practices, MGB may use the information provided by you to send you Mass General Brigham Care Connect-related notices by email, or any other contact form you may provide us with (including your phone number for calls or text messages and in app push notifications), and you agree to receive such notices. MGB is not responsible or liable for any loss, injury, or claim of any kind resulting from your failure to receive or read these communications, or from your failure to comply with any treatment recommendations contained in these communications.

1.5. Changes to Mass General Brigham Care Connect

We may, without notice and liability, change Mass General Brigham Care Connect, stop providing Mass General Brigham Care Connect or certain features or programs of Mass General Brigham Care Connect, to you or to Users generally, or create usage limits for Mass General Brigham Care Connect. Subject to applicable law, we may permanently or temporarily terminate or suspend your access to Mass General Brigham Care Connect without notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason.

1.6. Service Location

The Mass General Brigham Care Connect is available only in the United States. You may not use the Virtual Visit Service, Medical Chart or any Assessments if you are located outside of Massachusetts or New Hampshire at the time of the applicable visit.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, revocable, non-transferable, non-sublicensable license to access and use Mass General Brigham Care Connect, during the term of this Agreement, solely for your personal, noncommercial use strictly in accordance with the terms of this Agreement and the additional terms of any permitted features of Mass General Brigham Care Connect. Organizations, companies, and/or businesses may not become members and must not use Mass General Brigham Care Connect, without express prior written consent from MGB. MGB may terminate this license and your access to Mass General Brigham Care Connect at any time, for any reason, or no reason.

You agree not to engage in any of the following prohibited activities:

1. copying, distributing, disclosing, or exploiting any part of Mass General Brigham Care Connect in any medium, including by any automated or non-automated "scraping";
2. using any automated system, including "robots," "spiders," "offline readers," etc., to access Mass General Brigham Care Connect in a manner that sends more request messages to the servers or other infrastructure used by Mass General Brigham Care Connect than a human can reasonably produce in the same period of time by using a conventional online web browser (except that MGB grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from MGB's website for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials);
3. systematically downloading or storing Mass General Brigham Care Connect content;
4. transmitting spam, chain letters, or other unsolicited email;
5. attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running Mass General Brigham Care Connect;
6. taking any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
7. uploading invalid data, viruses, worms, or other software agents through Mass General Brigham Care Connect;
8. collecting or harvesting any personally identifiable information, including account names, from Mass General Brigham Care Connect;
9. using Mass General Brigham Care Connect for any commercial solicitation purposes;
10. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity;
11. interfering with the proper working of Mass General Brigham Care Connect;
12. reverse engineering, decompiling, or disassembling any part of Mass General Brigham Care Connect, except where such restriction is explicitly prohibited by applicable law;
13. restricting or inhibiting any other person from using Mass General Brigham Care Connect;
14. accessing any content on Mass General Brigham Care Connect through any technology or means other than those provided or authorized by Mass General Brigham Care Connect;
15. bypassing the measures we may use to prevent or restrict access to Mass General Brigham Care Connect, including features that prevent or restrict use or copying of any content or enforce limitations on use of Mass General Brigham Care Connect or the content therein; or
16. using or accessing Mass General Brigham Care Connect in an abusive, excessive, or inappropriate manner as determined in the sole discretion of MGB, which may include, but is not limited to (a) initiating or engaging in unjustified, excessive, superfluous, or unsuitable visits; (b) repeatedly terminating or exiting visits before their conclusion; (c) repeated failure to respond to and comply with the Providers' follow-up and treatment plans; (d) creating a hostile environment, or harassing one or more Providers; or (e) otherwise engaging in inappropriate behavior through Mass General Brigham Care Connect.

You agree not to post User Content that:

1. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
2. may create a risk of any other loss or damage to any person or property;
3. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
4. may constitute or contribute to a crime or tort;
5. contains any information or content that we deem to be unlawful, harmful, fraudulent, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable;
6. contains any information or content that is illegal (including the disclosure of insider information under securities law or of another party's trade secrets);
7. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
8. contains any information or content that you know is not correct and current; or
9. violates any school or other applicable policy, including those related to cheating or ethics.

You agree that any User Content that you post does not and will not violate third-party rights of any kind, including any Intellectual Property Rights or rights of privacy.

Except for your User Content, as between the parties, Mass General Brigham Care Connect and all materials therein or transferred thereby, including software, images, text, graphics, illustrations, logos, trademarks, service marks, photographs, audio, videos, music, and User Content belonging to other Users (the "MGB Content"), and all Intellectual Property Rights related thereto, are the exclusive property of MGB and its licensors (including other Users who post User Content to Mass General Brigham Care Connect). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any MGB Content. Use of the MGB Content for any purpose not expressly permitted by this Agreement is prohibited.

You may choose to, or we may invite you to, share or submit comments or Feedback about Mass General Brigham Care Connect, including about how to improve Mass General Brigham Care Connect or our products ("Feedback"). By sharing or submitting any Feedback, such Feedback will be deemed User Content, and you hereby agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place MGB under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submitted Feedback, MGB does not waive any rights to use similar or related Feedback previously known to MGB, or developed by its employees, or obtained from sources other than you.

The Mass General Brigham Care Connect contains proprietary and confidential information that is protected by applicable intellectual property laws. User hereby acknowledges and agrees that all right, title, and interest in Mass General Brigham Care Connect, and all contents of each of the foregoing, including without limitation all copyrights, database rights, trademarks, trade secrets, and other intellectual property rights of any kind therein or relating thereto, together with the underlying software code, are exclusively owned by MGB or its licensors.

MGB, the MGB logo, and all custom graphics, page headers, button icons, proprietary product and service names, and trade dress are either trademarks or registered trademarks of MGB and/or its licensors in the United States and/or other countries, and may not be used, in whole or in part, without the prior written permission of MGB.

Except as expressly stated herein, this Agreement does not grant to User any intellectual property rights in Mass General Brigham Care Connect, and all rights not expressly granted are reserved by MGB and its licensors.

Some areas of Mass General Brigham Care Connect allow Users to submit, post, display, provide, or otherwise make available content such as profile information, comments, questions, reviews on the Apple App Store or Google Play Store and other content or information (other than protected health information that you submit or that we obtain from other sources, any such materials a User submits, posts, displays, provides, or otherwise makes available with respect to Mass General Brigham Care Connect is referred to as "User Content").

WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS. However, you understand that if portions of Mass General Brigham Care Connect allow other Users to view, edit, share, and/or otherwise interact with your User Content, by providing or sharing User Content through Mass General Brigham Care Connect, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. MGB has no control over and is not responsible for any use or misuse (including any distribution) by any third party of User Content.

By submitting, posting, displaying, providing, or otherwise making available any User Content on or through Mass General Brigham Care Connect, you expressly grant, and you represent and warrant that you have all rights necessary to do so and you hereby grant, to MGB a royalty-free, fully paid-up, sublicensable (through multiple tiers), transferable, perpetual, irrevocable, non-exclusive, worldwide license, without additional consideration to you or any third party, to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, perform and display (publicly or otherwise), adapt, analyze, exploit, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for any purpose (including promotional and marketing purposes). You also hereby grant each User of Mass General Brigham Care Connect a non-exclusive license to access your User Content through Mass General Brigham Care Connect, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of Mass General Brigham Care Connect and under this Agreement. If you choose to make any of your personally identifiable or other information publicly available through Mass General Brigham Care Connect, you do so at your own risk.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

In connection with your User Content, you affirm, represent, and warrant the following:

• You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person's name or likeness in the manner contemplated by Mass General Brigham Care Connect and this Agreement, and each such person has released you and MGB from any liability that may arise in relation to such use.
• You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
• Your User Content and MGB's use thereof as contemplated by this Agreement and Mass General Brigham Care Connect will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
• MGB may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
• To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

MGB takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available through Mass General Brigham Care Connect. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on Mass General Brigham Care Connect, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that MGB shall not be liable for any damages you allege to incur as a result of or relating to any User Content. We may (but have no obligation to) monitor, evaluate, alter, or remove User Content before or after it appears on Mass General Brigham Care Connect, or analyze your access to or use of Mass General Brigham Care Connect, for any or no reason.

By accessing or using Mass General Brigham Care Connect, you are consenting for MGB, the Providers (as defined below), and its and their affiliates, employees, agents, representatives, suppliers, and service providers to send you electronic communications, including email communications, push notifications and SMS text messages about Mass General Brigham Care Connect. You understand that SMS text messages, push notifications and unencrypted emails are not secure and run the risk of being intercepted by unauthorized parties and you accept that risk.

You consent to receive communications relating to Mass General Brigham Care Connect in electronic form. The communications covered by your consent may include, but are not limited to: (i) any initial disclosure statement or agreement governing your access to or use of Mass General Brigham Care Connect ; (ii) any disclosure statement or agreement required by federal, state, provincial, territorial, or local law, including any disclosure or agreement pursuant to the federal Health Insurance Portability and Accountability Act (iii) any notice, alert, or letter regarding your access to or use of Mass General Brigham Care Connect , communications from Mass General Brigham Community Physicans providers related to your care or from third-party health care providers, pharmacy, and laboratory services; and (iv) any other disclosures, notices, or communications in connection with the registration, opening, and maintenance of your User Account or other transaction communications relating to Mass General Brigham Care Connect. Such electronic communications may include your name and certain information about your use of Mass General Brigham Care Connect, including health-care information that you received on Mass General Brigham Care Connect. Electronic communications may be reviewed by any party, including MGB and the Providers, with access to your User Account, the email address and mobile phone number you have provided to us, or the hardware or software you use to view your information or your email address.

You may not access or use certain features of Mass General Brigham Care Connect unless you also provide your consent to receive electronic communications. If you wish to withdraw your consent to receive future electronic communications, you must unsubscribe from each service you have elected to receive your consent in order to completely withdraw from electronic communications. Any withdrawal of your consent to electronic communications will be effective only after there has been a reasonable period of time to process such withdrawal request.

You agree to promptly update your contact information, including your email address and phone number(s), if it changes, by providing such updated information through your online User Account.

In order to access your electronic communications, you must have a computer, mobile device, or other device with internet-browsing capabilities, an internet connection and a means to print or store notices and information through your browser software. Such technology requirements may change from time to time. Any changes in such requirements that may affect your access to electronic communications related to your access to and use of Mass General Brigham Care Connect will be posted on the applicable websites or mobile services. You should periodically check for such posted information.

All communications in either electronic or paper format from us to you will be considered to be in writing. You should print or download a copy of this consent, this Agreement, and any other electronic communication that is important to you for your records.

You acknowledge that by clicking on the "I Agree," "Register," "Continue," or any similar button provided in connection with this Agreement, you are indicating your intent to sign up for electronic communications, and that such action shall constitute your signature.

You acknowledge and agree that (i) your consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act; and (ii) you and MGB, the Providers, and its and their affiliates, agents, representatives, suppliers, and service providers, intend that the Act apply to the fullest extent possible to validate the ability to conduct business and communicate with you by electronic means.

By providing us with your telephone number you affirmatively consent to receive certain recurring MGB notifications or information via push notification, SMS text message or calls (including prerecorded calls), in order to perform and improve upon Mass General Brigham Care Connect, and to provide you with information and reminders regarding Mass General Brigham Care Connect and your care, including your registration, upcoming Mass General Brigham Care Connect, changes, and updates. You may incur additional charges from your wireless provider for these services, and you are solely responsible for any such charges.

You understand that while these calls, notifications or text messages will generally ask you to log in to your account to receive detailed health information, it will disclose that you have an activity or task related to Mass General Brigham Care Connect. Accordingly, it is your responsibility to use a phone number that provides you with the level of confidentiality you desire.

You can opt-out of receiving such calls or text messages related to Mass General Brigham Care Connect by contacting Mass General Brigham Care Connect at 617-648-5822, replying STOP to any such message, and for push notifications, through your device settings. However, note that under certain circumstance we may still send you important administrative messages about Mass General Brigham Care Connect, from which you may not opt out from.

MGB and Wireless carriers are not responsible for any undelivered messages. MGB will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You understand that we may send you a text confirming any opt-out by you. You acknowledge that opting out of calls, push notifications and text messages may impact your ability to use certain features of Mass General Brigham Care Connect. However, note that access to Mass General Brigham Care Connect is not conditioned upon your consent to receive marketing or promotional text messages from MGB.

We care about the privacy of our Users. You understand that by using Mass General Brigham Care Connect you consent to the collection, use, and disclosure of your information, including (i) personal information and aggregate data, and (ii) personal health information that you choose to share with us and with Providers through the Virtual Visit Service, according to the features of Mass General Brigham Care Connect, all as set forth in our Application Privacy Policy and the Notice of Privacy Practices (to the extent applicable). You further consent to have your personal information collected, used, transferred to, and processed in the United States, in Israel, or any other country in which MGB or its affiliates or service providers maintain facilities, and/or shared with healthcare providers according to the actions you take in using Mass General Brigham Care Connect. We encourage you to read our Application Privacy Policy and the Notice of Privacy Practices on a regular basis, for a description of such data collection and use practices, as these documents may change from time to time.

MGB seeks to use commercially reasonable safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. MGB will have no liability for errors, unreliable operation, or other issues resulting from use of Mass General Brigham Care Connect on or in connection with "rooted" or "jail broken" devices, or use on any mobile device that is not in conformance with the manufacturer's and operating system provider's original specifications, including use of modified versions of the operating system (collectively, "Modified Devices"). Any use of Mass General Brigham Care Connect on Modified Devices is at your sole and exclusive risk and liability.

Mass General Brigham Care Connect may contain links to third-party information, products, services, or other materials that are not owned or controlled by MGB (such materials, "Third Party Materials"). MGB does not endorse, warrant, or assume any responsibility for any Third-Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third-Party Materials, or any Intellectual Property Rights therein.

Third Party Materials are subject to their own intellectual property rights and may not be reproduced without such Third-Party consent. You may not: (i) engage in deceptive, misleading, illegal, and/or unethical practices in connection with the marketing, distribution, and use of Third Party Materials, (ii) make false or misleading representations with regard to any Third Party Materials; (iii) abridge, modify, translate, or create any derivative work based on the Third Party Materials; (iv) distribute the Third Party Materials as a standalone product or private label; (v) modify or edit the Third Party Materials; or (vi) reverse engineer, decompile, disassemble, decipher, re-engineer, or otherwise create or attempt to create or permit, allow, or assist others to determine the codes related to the Third Party Materials.

Nothing in this Agreement shall be deemed to be a representation or warranty by MGB with respect to any Third-Party Materials. We have no obligation to offer or monitor Third Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through Mass General Brigham Care Connect at any time. If you access a third-party website or service from Mass General Brigham Care Connect or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and MGB's Privacy Policy do not apply to your use of such Third Party Materials. Any exchange of data between Users and a Third Party is solely between them. Users are responsible for any fees to the Third Party, and use of Third-Party Materials is subject to such Third Parties' terms of service and privacy policies. You expressly relieve MGB from any and all liability arising from your use of any Third-Party Materials, including User Content submitted by other Users, costs incurred for Third Party Materials, or the quality of Third-Party Materials. Additionally, your dealings with or participation in promotions of advertisers found on Mass General Brigham Care Connect, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that MGB shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

To the extent we are bound by a limitation of liability, disclaimers, regarding warranties or representations, or other applicable terms through our provision of making available the Third-Party Materials, you agree to be bound by the same, to the extent permitted by law. Further, your use of Third-Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third-Party Materials (such as terms of service or privacy policies of the providers of such Third-Party Materials).

You understand that Provider may bill certain third party payors for services, including Virtual Visit Services, you receive from your Provider, but that you will be responsible for payment for any services that are not eligible for payment under your insurance plan and/or benefit program. Further, you accept that you are financially responsible for all co-payments or deductibles as dictated by your insurance plan and benefit program. You understand that it is your responsibility to arrange and pay for any follow-up care that the Provider recommends you receive.

You agree to defend, indemnify, and hold harmless MGB, its affiliates, and their respective employees, agents, trustees, medical and professional staff and their successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your violation of any term of this Agreement, including your breach of any of the representations and warranties above; (ii) your violation of any third-party right, including any right of privacy or Intellectual Property Rights; (iii) your violation of any applicable law, rule, or regulation; (iv) User Content or any content that is submitted via your User Account, including misleading, false, or inaccurate information; (v) your negligence or willful misconduct; or (vi) any other party's access and use of Mass General Brigham Care Connect with your unique username, password, or other appropriate security code.

THE SERVICE IS PROVIDED ON AN "AS IS," "WHERE AVAILABLE" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MGB DISCLAIMS ALL WARRANTIES WITH RESPECT TO MASS GENERAL BRIGHAM CARE CONNECT AND THIRD PARTY MATERIALS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, NON INFRINGEMENT, AND TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH MASS GENERAL BRIGHAM CARE CONNECT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, MGB, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE USE OF MASS GENERAL BRIGHAM CARE CONNECT WILL MEET YOUR REQUIREMENTS; THAT MASS GENERAL BRIGHAM CARE CONNECT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT MASS GENERAL BRIGHAM CARE CONNECT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT MGB DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

FURTHER, MGB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ANY HYPERLINKED WEBSITE, AND MGB WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Federal law, some states, provinces, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights that vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both MGB and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers, and service providers (collectively, the "Affiliated Entities"), and their respective successors and assigns.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MGB BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, MASS GENERAL BRIGHAM CARE CONNECT. UNDER NO CIRCUMSTANCES WILL MGB BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM COMPUTER FAILURE OR MALFUNCTION, HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF MASS GENERAL BRIGHAM CARE CONNECT OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL MGB BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM CANCELLED OR OTHERWISE UNFULFILLED APPOINTMENTS OR MEDICAL MALPRACTICE, FRAUD, OR NEGLIGENCE OF PROVIDERS UTILIZED THROUGH MASS GENERAL BRIGHAM CARE CONNECT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MGB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR INFORMATION; (II) ACTS OR OMISSIONS BY ANY PROVIDER; (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF MASS GENERAL BRIGHAM CARE CONNECT; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH MASS GENERAL BRIGHAM CARE CONNECT BY ANY THIRD PARTY; (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH MASS GENERAL BRIGHAM CARE CONNECT; (VIII) USER CONTENT, OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (IX) YOUR USE OF OR INABILITY TO USE MASS GENERAL BRIGHAM CARE CONNECT OR ANY THIRD PARTY MATERIALS. IN NO EVENT SHALL MGB OR ANY AFFILIATED ENTITY BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO MGB HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE, OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF MGB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH MGB AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights that vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.

MGB will not be deemed in breach of this Agreement due to any event or occurrence beyond MGB's control, including, without limitation, acts of God, storms, lockouts, shortage of labor, problems in obtaining raw materials or production facilities, terrorism, war, invasion, disease, epidemic, failures of any public networks or transportation networks, electrical shortages, equipment shortage, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

This Agreement is effective upon your acceptance of this Agreement and continues in force and effect until terminated. MGB may terminate or suspend your use of Mass General Brigham Care Connect at any time and without prior notice, for any or no reason, including if MGB believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use Mass General Brigham Care Connect will immediately cease, and MGB may, without liability to you or any third party, immediately deactivate or delete your user name, password, and account, and all associated materials, without any obligation to provide any further access to such materials; however, MGB will provide access to you to any of your health records in MGB's possession as a result of this Agreement as may be required under applicable legal, ethical, and professional obligations. Sections 5, 6, 7, 10, 11,and sections 12 through 17 shall survive any expiration or termination of this Agreement.

15.1. Governing Law

This Agreement shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. You also agree to submit to the personal jurisdiction of the federal and state courts located in Massachusetts for any actions hereunder.

15.2. Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED MASS GENERAL BRIGHAM CARE CONNECT FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MGB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDINGS OF ANY KIND.

16.1. Mobile Applications

We may make available software to access Mass General Brigham Care Connect via a mobile device ("Mobile Applications"). To use any Mobile Applications, you must have a mobile device that is compatible with the Mobile Applications. MGB does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. MGB hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one User Account on one mobile device owned or leased solely by you, for your personal use, or for use on our website.

You may not: (i) create multiple User Accounts; (ii) modify, disassemble, decompile, or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (iii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iv) make any copies of the Mobile Applications; (v) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (vi) delete the copyright and other proprietary rights notices on the Mobile Applications.

You acknowledge that MGB may from time-to-time issue upgraded versions of the Mobile Applications and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and MGB or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. MGB reserves all rights not expressly granted under this Agreement.

If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display, or disclosure of Mass General Brigham Care Connect and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. The Mobile Applications originate in the United States and are subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and Mass General Brigham Care Connect.

16.2. Mobile Applications from Apple App Store

The following applies to any Mobile Applications you acquire from the Apple App Store ("Apple Sourced Software"): You acknowledge and agree that this Agreement is solely between you and MGB, not Apple, Inc. ("Apple") and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to MGB as provider of the software. Any inquiries or complaints relating to the use of the Apple-Sourced Software, including those pertaining to intellectual property rights, must be directed to MGB in accordance with the Contact section below.

The license you have been granted herein is limited to a non-transferable license to use the Apple-Sourced Software on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple's App Store Terms of Service, except that the Apple-Sourced Software may also be accessed and used by other accounts associated with you via Apple's Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Apple-Source Software, such as your wireless data service agreement.

You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to MGB as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party's intellectual property rights, MGB, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and MGB acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

16.3. Mobile Applications from Google Play Store

The following applies to any Mobile Applications you acquire from the Google Play Store ("Google Sourced Software"): (i) you acknowledge that this Agreement is between you and MGB only, and not with Google, Inc. ("Google"); (ii) your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) MGB, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to MGB's Google-Sourced Software.

16.4. Geolocation Terms

The Service may include and/or make use of certain functionality and services provided by third-parties that allow MGB to include maps, geocoding, places and other content as part of Mass General Brigham Care Connect ("Geo-Location Services"). Geo-Location Services may be provided by Google Inc., in which case your use of the Geo-Location Services will be subject to Google's then-current Terms of Use for Google Maps/Google Earth. If Geo-Location Services are provided by Apple Inc., Apple's then-current Apple Privacy Policy will describe how Apple Inc. collects, uses, and shares your location data.

17.1. Miscellaneous

This Agreement does not and shall not be construed to create any partnership, joint venture, employer employee, agency, or franchisor-franchisee relationship between you and MGB. Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation." Unless expressly stated in this Agreement to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, MGB, the Providers, and their affiliates; and nothing in this Agreement is intended to relieve or discharge the obligation or liability of any third persons to you, MGB, the Providers, or their affiliates, nor shall this Agreement give any third parties any right of subrogation or action over or against you, MGB, the Providers, and their affiliates.

Notwithstanding anything to the contrary in the foregoing, you acknowledge and agree that K Health, Inc. and its affiliates (collectively, "K Health") are a third-party beneficiary to this Agreement as it relates to Mass General Brigham Care Connect and its services, and that, upon your acceptance of the terms and conditions of this Agreement, K Health will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of Mass General Brigham Care Connect and other terms and conditions of this Agreement against you as a third-party beneficiary thereof.

17.2. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MGB without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction.

17.3. Notification Procedures

MGB may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, through posting of such notice on our Service, or through any other reasonable means, as determined by MGB in our sole discretion. MGB reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. MGB will not be responsible for any failure to fulfill any obligation due to any cause beyond its control. MGB is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

17.4. Entire Agreement; Severability

This Agreement, together with any amendments and any additional agreements you may enter into with MGB in connection with Mass General Brigham Care Connect, shall constitute the entire agreement between you and MGB concerning Mass General Brigham Care Connect and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and MGB relating to such subject matter. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

17.5. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and MGB's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

17.6. Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on Mass General Brigham Care Connect infringe your copyright, you (or your agent) may send to MGB a written notice by mail or email, requesting that MGB remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to MGB a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to MGB as follows:

We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

Please contact us at 617-648-5822 with any questions regarding this Agreement. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.