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Terms and Conditions

Terms & Conditions

This web site herein referred to as the "Site", owned and operated by the Alberta Health and Alberta Health Services. By using the Site, you, the user agree to the following terms and conditions (Terms & Conditions). If you do not agree to all of the Terms & Conditions, please discontinue your use of the Site immediately.

Alberta Health and Alberta Health Services may change the content of the Site, including all text, data, information, recordings, graphics, images, icons and any other content (collectively, the Content) at any time without notice. These Terms & Conditions may be revised by Alberta Health and Alberta Health Services at any time without notice. Please review the Terms & Conditions regularly, as your continued use of the Site will constitute your agreement to any changes.

General

These Terms & Conditions, Copyright & Discloser and personal health record User Agreement represent the entire agreement between every user and MyHealthAlberta regarding use of the Site and its Content. In the event a court of competent jurisdiction finds any provision of the Terms & Conditions to be unenforceable, the remainder of the provisions shall be unaffected and continue in full force and effect. The failure of MyHealthAlberta to enforce strict performance of any provision of the Terms & Conditions shall not be construed as a waiver of any such provision or right.

You agree that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. If you violate any of the Terms & Conditions, your limited license to use the Content will automatically terminate. You must immediately cease your use of the Site and destroy any copies of the Content or any portion thereof.

Jurisdiction

This Site is administered by the Government of Alberta and Alberta Health Services, which are located in Alberta, Canada. Any matter arising out of the use of this Site shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without reference to its conflict of laws principles. You agree to submit to the non-exclusive jurisdiction of the courts of the Province of Alberta to determine any action or proceeding arising out of or in connection with this Site.

Use of Links

This Site may contain links to websites and servers maintained by third parties over whom MyHealthAlberta has no control. These links have been provided solely as a convenience for users of this Site and do not constitute an endorsement by MyHealthAlberta of the content of such third party sites. MyHealthAlberta makes no representations regarding the content or accuracy of materials on such third party websites. MyHealthAlberta does not endorse, authorize, approve, certify, maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy or timeliness of the information located at such addresses. MyHealthAlberta is not responsible for the privacy practices of such websites. MyHealthAlberta encourages users to review the privacy policies of any linked websites before navigating any website or disclosing personal information online.

Non-Commercial or Educational Reproduction

All information on this site has been posted to provide Albertans with direct access to appropriate health information and information about programs and services offered by the Government of Alberta.

The information has been posted with the intent that it be readily available for personal and public non-commercial (educational) use and except where otherwise prohibited, may be reproduced, in part or in whole and by any means, without charge or further permission from Alberta Health. We only ask that:

  • The materials are not modified.
  • Users exercise due diligence in ensuring the accuracy of the materials.
  • The MyHealthAlberta is identified as the source of the materials.
  • The reproduction is not represented as an official version of the materials reproduced, nor as having been made in affiliation with or without the endorsement of the Government of Alberta or Alberta Health Services.

Commercial Reproduction

Re-production of multiple copies of materials on the site, in whole or in part, for the purposes of commercial distribution is prohibited, except with written permission from Alberta Health. To obtain permission to reproduce materials on this site for commercial purposes, please contact:

Alberta Health Attn: Executive Director, Electronic Health Record Delivery Services 14th Floor, TELUS Plaza North 10025 Jasper Avenue Edmonton, Alberta, T5J 1S6

Termination

MyHealthAlberta may terminate this agreement, including any licenses contained herein, at any time and further may terminate the user’s access to any and all portions of this website if, MyHealthAlberta determines, in its sole discretion, that the user failed to comply with any term of these Terms of Use. Upon termination, the user must cease use of this website and destroy all materials obtained from this website, and all related documentation and all copies thereof, whether made under these Terms or otherwise, and/or take any additional or alternative reasonable steps that MyHealthAlberta may direct in respect of the termination of the use.

Copyright & Disclaimer

Proprietary Right and Grant of Limited License

This Site and the Content are protected by copyright, trade-mark and other proprietary rights of the Government of Alberta and Alberta Health Services, or third parties, represented in this document as MyHealthAlberta Except as expressly permitted in these Terms and Conditions, no portion of the Site or the Content, including without limitation trade-marks, trade names and logos, may be reproduced in any form, or by any means, without prior written permission from MyHealthAlberta or the applicable third party. Any unauthorized downloading, redistribution, retransmission, copying, modification or commercial use of the Content may be a violation of federal or other law and could result in legal action.

Subject to the preceding paragraph, MyHealthAlberta grants to you a limited license to display, print and use the Content of this Site solely for your personal, non-commercial use. Such license is revocable by MyHealthAlberta at any time at the sole option of MyHealthAlberta. In consideration of this limited license, you shall ensure that all copyright, trade-mark and other proprietary notices are retained on any copy of the Site materials in the same form and manner as on the original.

Copyright

Copyright of all materials on this website, including the underlying HTML, text, illustrations, designs, icons, audio clips, video clips, documents, products, software and all other content is either owned by the Government of Alberta, Alberta Health Services or MyHealthAlberta has obtained a license to use the materials for the website.

The materials on the site are protected by the Copyright Act. Except as noted in Using this Site, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the prior written consent of the Government of Alberta, or the original creator, where applicable.

Trademarks and Official Marks

All trademarks used and/or displayed on this website are registered or unregistered trademarks or official marks of the Government of Alberta, Alberta Health Services and third party providers. Nothing on this website should be interpreted to grant any license to use any trademark or official mark without the express written permission of the Government of Alberta.

To obtain permission to use trademarks, please send a request to:

Alberta Health Attn: Executive Director, Electronic Health Record Delivery Services 14th Floor, Telus Plaza North 10025 Jasper Avenue Edmonton, Alberta, T5J 1S6

Disclaimer

MyHealthAlberta makes every effort to ensure that Albertans are kept up-to-date on the latest activities of the Alberta Health System. In doing so, we go to great length to ensure the accuracy of the information posted. However, it must be noted that there may be instances where information is not as current as it can possibly be.

The materials on this site are provided "as is" without warranties or conditions of any kind either expressed or implied. To the fullest extent possible under applicable law, MyHealthAlberta disclaims all warranties and conditions, expressed or implied, including but not limited to, implied warranties or conditions of merchantability and fitness for a particular purpose, non-infringement or other violation of rights. MyHealthAlberta does not warrant or make any other representations regarding the use, accuracy, timelines, applicability, performance, security, availability or reliability of this website or any sites linked to this site, or the results from the use of this website or any sites linked to this website, or otherwise respecting the materials on this website or any sites linked to this website.

This Site Does Not Provide Professional Medical Advice

The Content of this Site is provided for general information purposes only. The Content is not intended to replace consultations with a health care professional or to provide medical advice, diagnosis or treatment. Always seek the advice of a physician or other qualified health care provider with any medical or health questions. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

Currency and Accuracy of Information

MyHealthAlberta has used reasonable efforts to ensure the information provided on this Site is accurate when posted. However, MyHealthAlberta does not make any representation or warranty of any kind as to the quality, accuracy, currency or completeness of the Content on this Site. The views or opinions expressed in the Content on this Site do not necessarily reflect those views or opinions of MyHealthAlberta. MyHealthAlberta does not endorse or recommend any products, services, techniques or procedures mentioned on this Site.

Limitation of Liability

In no event shall the Government of Alberta, Alberta Health, Alberta Health Services, its officers, employees or agents or any supplier of Content mentioned on this Site be liable for any losses, damages, claims or expenses whatsoever including, without limitation, direct, indirect, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, resulting from the use, misuse or inability to use this Site or the Content, whether based on warranty, contract, tort or other legal theory, and whether or not the Government of Alberta, Alberta Health, Alberta Health Services, is advised of the possibility of such damages.

Non-Confidentiality

Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Information provided to MyHealthAlberta by virtue of this Site will be received by MyHealthAlberta on a non-confidential basis. We recommend the use of appropriate security, antivirus and other protective software.

MyHealthAlberta assumes no liability for the delay, failure, interruption or corruption of any data transmitted in connection with this Site and does not warrant that the Site is free of infection, viruses, worms, Trojan horses or codes that manifest contaminating or destructive properties.

© 2012 MyHealth.Alberta.ca Copyright and Disclaimer

Personal Health Record User Agreement

Welcome to the Personal Health Record service (“PHR”). The PHR is a web-based service, accessible via MyHealth.Alberta.ca’s Personal Health Portal. In order to access the PHR, you must first create a MyHealth.Alberta.ca Account (“MyHealth.Alberta.ca Account”). It enables individuals to create a personal health record and securely manage, enter, view, store, and access their personal health information and to share it with others of their choosing, including their own health services providers. In these terms and conditions, both the Personal Health Record service and your own personal health record are referred to as the “PHR”. The MyHealth.Alberta.ca Account and PHR are provided by Alberta Health and Alberta Health Services (“AHS”). You may also choose to become an identity-verified user, and have your identity confirmed through a verification process linked to your MyHealth.Alberta.ca Account. As set out in detail below, identify-verified users have some additional functionality within the PHR.

In order to use the MyHealth.Alberta.ca Account and PHR, you must agree to our terms and conditions by clicking “I Accept” and successfully complete the online registration and/or verification processes. By registering and/or being verified and clicking “I Accept” at the end of this agreement, you acknowledge you have read, understand, and agree to our terms of use and to be legally bound by them. By doing so, you also agree to be bound to the terms of use, privacy policy, and copyright and disclaimer notices found on MyHealth.Alberta.ca.

Terms of Use, Copyright Notice, and Disclaimer Notice:

Privacy Policy:

Alberta Health and AHS reserve the right to modify or change the terms of use at any time, which will be indicated by the date of the most recent change located beside the “Last Modified” date after this paragraph. You will be required to re-accept a revised usage agreement prior to using the system. If at any time you do not wish to be bound by the terms of use, you must immediately deactivate your MyHealth.Alberta.ca Account and PHR in accordance with these terms of use.

We also reserve the right to modify or discontinue (temporarily or permanently) this service (or any part of it) with or without notice to you. However, in most instances a notice will be sent to your account regarding large-scale changes 30 days prior to the modification. We are not liable to you or any third party for any modification, discontinuance, or suspension of MyHealth.Alberta.ca or the PHR.

Date Last Modified: November 1, 2015

Medical Disclaimer

Information provided by or on behalf of Alberta Health or AHS via the PHR is intended for general information purposes only. You agree and acknowledge Alberta Health and AHS are not providing the service to you for the purposes of giving you medical or health advice. You should not solely rely on the PHR to decide on a treatment plan, drug usage, or for any other medical or health advice. You should consult with the appropriate health services provider in connection with any and all treatment options that may be available to you.

The PHR is not intended for urgent matters or for use in emergencies. Do not send communications through the PHR that require urgent attention. If you have an emergency, call your health services provider(s) directly, go to the nearest emergency room, and/or call 911. Nothing contained in the PHR is or should be considered, or used as a substitute for, individual health advice, diagnosis or treatment.

The PHR and any information thereon are provided “as is,” “with all faults” and “as available.” While Alberta Health and AHS work to provide information that is correct, accurate, current, and timely, we do not guarantee the service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. You acknowledge that computer systems are not fault-free and occasionally there will be down time and system errors.

User Registration and Login

As part of the registration process for a MyHealth.Alberta.ca Account, you will be required to:

  • create a user name and a password ("Access Codes");
  • provide us with certain demographic and contact information;
  • acknowledge you are at least 18 years of age; and
  • warrant that all of this information is accurate.

It shall be a breach of these terms of use to select or utilize a user name (i) of another person with the intent to impersonate that person, (ii) in which another person has rights, if you do not have that person's authorization to use such name, or (iii) that Alberta Health or AHS in its sole discretion deems offensive.

You are solely responsible to maintain the confidentiality of the MyHealth.Alberta.ca Account and Access Codes you use to access the PHR, and agree neither Alberta Health nor shall AHS has any obligations with regard thereto. You will be required to enter a valid Access Code to access the PHR. It is your sole responsibility to monitor and control use of these Access Codes for all purposes. You accept all responsibility for the security of your Access Codes and utilization of the PHR via the Access Codes, including whether or not you choose to use the PHR in public places. You agree that you shall be solely liable for all authorized and unauthorized access using your Access Codes. You agree not to disclose your Access Codes to anyone not authorized to act on your behalf. Neither Alberta Health nor AHS is liable for any loss or damage arising from your failure to comply with this section of the terms of use or for any unauthorized access to information you have entered or asked to be entered in the PHR. Please notify User Support of any potential unauthorized use(s) of your account or suspected breach(es) of security.

Use of PHR by Health Services Providers

If you are a health services provider using this system in your professional capacity, you are bound to the user registration and login provisions in the preceding section, as well as to the following additional terms and conditions.

In using a MyHealth.Alberta.ca Account and the PHR and agreeing to these terms of use, you agree to adhere to the governing legislation of your professional organization and to the laws of Alberta and Canada as they apply to your use of the PHR, regardless of your location. Further, you acknowledge any obligations you may have with respect to the collection, use, and disclosure of users’ personal information and health information under Alberta’s Health Information Act, Freedom of Information and Protection of Privacy Act, Personal Information Protection Act, any other legislation, and under any other professional obligations you may have. Violation of these laws or rules in relation to use of the PHR constitutes a breach of this user agreement.

The PHR is not a clinical information system. As a health services provider, acting in a professional capacity, you may only accept invitations to receive from and share information with other registered PHR users, per the section herein entitled Personal Health Information, if you have an existing patient-care provider relationship with that registered PHR user. Further, health services providers must maintain a separate professional PHR for these purposes and may not access patients’ PHRs via their own personal PHR.

The record in the PHR may not be a complete or comprehensive view of an individual’s medical history or health records. The records in the PHR are not clinical records. Alberta Health and AHS do not guarantee the accuracy of information in the PHR and assume no responsibility for how health services providers make use of the information obtained from the PHR.

Restrictions on Use

Alberta Health and AHS grant you a limited license to make personal use only of the MyHealth.Alberta.ca Account and PHR in accordance with these terms of use. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the MyHealth.Alberta.ca Account and/or PHR, making any derivative of the MyHealth.Alberta.ca Account and/or PHR, the collection and use of user email addresses or other user information, including, without limitation, health information or any data extraction or data mining whatsoever.

You further agree you will not use the PHR, the MyHealth.Alberta.ca Account, or MyHealth.Alberta.ca in any manner that violates provincial, national, or international laws. You will not infringe upon the intellectual property of others. You will not attempt to disable, spam, hack, or interfere with the proper function of the PHR. You will not upload viruses or malicious content, perform SQL injections, or hack the system in any manner.

Ownership of PHR

The PHR (i.e. excluding any information you enter into or otherwise have in your own PHRs), including but not limited to its contents and design are the property of Alberta Health and AHS, their subsidiaries, affiliates, vendors and/or licensors. The PHR is protected by Canadian and international copyright, trademark and/or patent laws. Any rights not expressly granted herein are reserved.

The contents of the PHR (i.e. excluding any information you enter into or otherwise have in your own PHRs), including without limitation the text, images, audio, and video, and any materials accessed through or made available for use or download through the PHR are copyrighted and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, without the prior written consent of Alberta Health and AHS, except that you may download content from the PHR for your personal use only, provided you keep intact all copyright, trademark, patent and other proprietary notices and comply with any applicable end user license agreements. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

For purposes of these terms of use, any use of these materials on any other web site is prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the PHR. The posting of information or materials on the PHR does not constitute a waiver of any right in such information and materials. All software used on the PHR is the property of Alberta Health, AHS, or their software suppliers and protected by Canadian and international copyright laws.

Personal Health Information

The PHR enables the uploading and exporting of specific health information data types through the connection of personal health devices. You are solely responsible for safely uploading your personal health information.

Within your own PHR, you may create personal health records for yourself and/or other individuals (e.g. family members, individuals for whom you provide care, etc.). You may enter, upload, store, and access personal health information to these PHR records, including copies of documents, records, and images. You are responsible for choosing whether or not to enter or to upload any such health information. Neither Alberta Health nor AHS has any responsibility regarding the same, nor is either Alberta Health or AHS responsible for the quality of any x-rays, personal medical images, or other documents stored on the PHR.

You are responsible for choosing whether or not to create PHR records for other individuals and to populate those records with health information pertaining to those individuals. You do so entirely at your own risk and represent and warrant you do so either with those individuals’ authorization or with other valid legal authority. Neither Alberta Health nor AHS is responsible or in any way liable for your choices in respect of the same.

If you choose to utilize PHR’s functionality to grant access to other registered PHR users to view your PHR (i.e. your own PHR and/or any PHR records you have created for other individuals within your own PHR), you are expressly providing consent and authorization to Alberta Health and AHS to allow those other registered PHR users to access information within your PHR in accordance with the permissions you have established via PHR. If you grant access to other registered PHR users to view records you have created within your PHR for other individuals, you represent and warrant you do so either with those other individuals’ authorization or with other valid legal authority. Any sharing of information via PHR is done entirely at your own risk. Neither Alberta Health nor AHS is responsible or in any way liable for your choices in respect of the same, or for any collection, use, or disclosure of any information shared from your PHRs by those to whom you have granted access via PHR, including health services providers.

When you log into your PHR, a list of accesses made to your record by PHR users to whom you have granted access to information in your account is electronically accessible for review. You agree to monitor this list on a regular basis and to notify User Support immediately of any suspicious access. Neither Alberta Health nor AHS is liable for any loss or damage arising from your failure to monitor your record or MyHealth.Alberta.ca account.

You hereby grant, and represent and warrant that you have the authority to grant, AH, AHS, related parties, authorized agents and contractors the right to access, transmit, receive, monitor, retrieve, store, maintain, and use your personal information, health information, and any other information you provide in connection with the establishment and maintenance of your MyHealth.Alberta.ca Account and PHR (i.e. including information pertaining to other individuals that resides within your account), solely as necessary to provide services and operate MyHealth.Alberta.ca and the PHR, including but not limited to, converting documents received from you or on your behalf to an appropriate electronic format and maintaining your account.

Indirect Collection of Health Information to Populate Personal Health Record

If you are a registered and identity-verified PHR user, the PHR functionality may enable you to request Alberta Health and/or AHS to populate your PHR with certain aspects of your health information emanating from AH, AHS, or other third party sources. The nature and extent of this information is solely within AH’s and AHS’ discretion to offer and/or provide to you and will be described in detail in the PHR. By agreeing to these terms of use, in selecting this functionality within your PHR, and to the extent any of this health information is not within the custody or under the control of either Alberta Health or AHS, you expressly authorize Alberta Health and/or AHS to collect your individually identifying health information from the relevant third parties and to disclose it to you by entering it into your PHR. Alberta Health and AHS reserve the right to correct or amend any information Alberta Health or AHS populates into your PHR, including information obtained from a third party source, to ensure the most recent or accurate information is available to you. You agree to flag any inaccuracies in the information populated into your PHR through User Support.

By choosing to request personal health information be added to your PHR, you acknowledge you may be receiving health information you have not yet discussed with your health services provider and you expressly agree the medical disclaimer set out herein in the section titled Medical Disclaimer applies in respect of this information. You further represent, warrant, and agree that you will not utilize this functionality within the PHR if you have a mental or physical health condition such that your receipt of that type of information could reasonably cause harm to your mental or physical health or that of another individual.

You may not, and PHR functionality will not permit you to, request Alberta Health or AHS populate other individuals’ health information into your PHR, regardless if you have created records for those individuals within your own PHR and/or obtained consent from those individuals. Further, you may not, and PHR functionality will not permit you to, grant access to other PHR users to request Alberta Health or AHS populate your health information into those other users’ PHRs.

Confidentiality

Alberta Health and AHS respect your privacy and seek to maintain the confidentiality of your health information and personal information in accordance with Alberta’s privacy legislation and our Privacy Policy, which is incorporated herein by reference. By agreeing to these terms of use you indicate that you have read, understood and accept our Privacy Policy. Except as otherwise stated, neither Alberta Health nor AHS owns or makes any claim to own any of the information you choose to upload or store on PHR or to any communications between you and any health services providers via PHR.

The Privacy Policy can be found at the following:

The Health Information Act and other legislation governing Alberta Health and/or AHS may permit discretionary disclosure of your health information without your consent; however, notwithstanding this, Alberta Health and AHS expressly agree not to disclose any personal information or health information in your PHR to any third party without your prior written consent or authorization, unless we are required to do so by law, including by court order or subpoena.

Accuracy & Integrity of Information

Although Alberta Health and AHS attempt to maintain the integrity and accuracy of the PHR, neither Alberta Health nor AHS makes any guarantees whatsoever as to its integrity or accuracy. It is possible the PHR could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the PHR by third parties. In the event you discover an inaccuracy in your PHR, please inform User Support so that it can be corrected. Any information contained in the PHR other than any information you enter into your own PHRs may be changed or updated without notice.

Links; Third Party Sites

The PHR may contain links or references to websites operated by other parties which might have information on health topics of interest to you. These links and references are provided for your general information and education only, and should NOT be relied upon for personal diagnosis or treatment. Alberta Health and AHS make no representations whatsoever about any other website that you may access through MyHealth.Alberta.ca or your PHR. When you access a non-Alberta Health or non-AHS website, please understand that it is independent from Alberta Health and/or AHS, and that Alberta Health and AHS have no control over the content on that website. In addition, a hyperlink to a non-Alberta Health or non-AHS website does not mean that Alberta Health or AHS endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the PHR, you do this entirely at your own risk. Alberta Health and AHS have no control over the security or privacy practices of these external websites. Use of other websites is strictly at your own risk. You are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the other websites.

Termination, Suspension & Deactivation

Alberta Health and AHS reserve the right, in their sole discretion and without liability to you, to change, suspend, or terminate your access to all or part of the MyHealth.Alberta.ca Account or PHR, or to deactivate any aspect of the MyHealth.Alberta.ca Account or PHR with or without cause, and with or without notice to you. This will also result in your no longer having access to any third party services that you access using your MyHealth.Alberta.ca Account.

If Alberta Health or AHS suspends, terminates, or deactivates your access to your MyHealth.Alberta.ca Account or PHR, your right to access any personal information or health information via the PHR shall also be suspended or terminated at that time. Other than as required by law or with your consent, neither Alberta Health nor AHS will disclose or provide access to information stored in your PHR after the termination, suspension, or deactivation of your MyHealth.Alberta.ca Account.

You may also discontinue using your PHR at any time and/or you may formally deactivate your MyHealth.Alberta.ca Account and/or PHR at:

You may also delete the information in your PHR at any time. Deleting PHR information and/or deactivating your MyHealth.Alberta.ca Account or your PHR will result in the information and the associated services no longer being accessible.

Other than as required by law or with your consent, neither Alberta Health nor AHS will disclose or provide access to information stored in your PHR after you deactivate your MyHealth.Alberta.ca Account.

Limitation of Liability

AH, AHS, their related entities and/or licensors and other third parties mentioned in the MyHealth.Alberta.ca Account and PHR are neither responsible nor liable for any injuries (including wrongful death), direct, indirect, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the MyHealth.Alberta.ca Account and PHR, related services, content or information contained within the PHR, health advice, diagnosis, treatment, the performance or possession of the MyHealth.Alberta.ca Account and PHR, any hyperlinked website, any defect in the MyHealth.Alberta.ca Account and PHR or its contents, and/or any breach of these terms of use. This limitation applies (a) whether the alleged claims are based on warranty, contract, tort, or any other legal theory and (b) regardless of whether or not Alberta Health or AHS has been advised of the possibility of such damages.

Your sole remedy for dissatisfaction with the MyHealth.Alberta.ca Account, PHR, related services, and/or hyperlinked websites is to stop using the MyHealth.Alberta.ca Account, PHR and/or those services.

Disclaimer of Warranties

AH, AHS and their related entities make, and you shall receive, no warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement or title. AH, AHS, and their related entities do not warrant or represent that messages sent through the PHR will be read or responded to by your health services provider, or in a timely manner. AH, AHS, and their related entities make no representation as to the reliability, accuracy, timeliness, completeness, or suitability of the MyHealth.Alberta.ca Account, PHR or any services made available through it.

Choice of Law & Venue

Although Alberta Health and AHS are in Alberta, MyHealth.Alberta.ca Account and PHR can be accessed all across Canada, as well as from other countries around the world. Each of these places has laws that may differ from those of Alberta. By accessing MyHealth.Alberta.ca Account and/or PHR, you agree the laws of the province of Alberta will apply to all matters related to these terms of use and the use of the MyHealth.Alberta.ca Account and PHR, without regard to conflicts of laws or principles thereof. Each party also agrees and hereby attorns to the exclusive personal jurisdiction and venue of the courts of the province of Alberta, and waives any jurisdictional, venue or inconvenient forum objections to such courts.

Neither Alberta Health nor AHS makes any representation that materials on the PHR or otherwise accessible with MyHealth.Alberta.ca Account are appropriate or available for use in other locations outside Alberta. Those who choose to access MyHealth.Alberta.ca Account and/or PHR from other locations do so on their own initiative and are responsible for compliance with local laws.

Equitable Relief

You agree that monetary damages may not provide a sufficient remedy to Alberta Health or AHS for violations of these terms of use and you consent to injunctive or other equitable relief for such violations.

International Use

By choosing to access the MyHealth.Alberta.ca Account and/or PHR from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. Neither Alberta Health nor AHS makes any representation that materials on PHR or otherwise accessible with MyHealth.Alberta.ca Account are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from PHR or via MyHealth.Alberta.ca Account in violation of any applicable laws or regulations, including, but not limited to, any Canadian export laws and regulations.

Severability

In the event that any of these terms of use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms of use shall otherwise remain in full force and effect.

Entire Agreement

These terms of use constitute the entire agreement between Alberta Health and AHS and you pertaining to the subject matter hereof. Certain provisions of these terms of use may be superseded by expressly designated legal notices or terms located on particular pages within the PHR.

Indemnity

You agree to indemnity and hold Alberta Health, AHS, and their related entities, vendors, licensors and other partners harmless from any loss, liability, injury (including injuries resulting in death), claim, or demand, including reasonable legal fees and costs, of any kind due to, arising out of, or relating to your use of the MyHealth.Alberta.ca Account, PHR or content, including your use of MyHealth.Alberta.ca Account and/or PHR to provide a link to another site or to upload content or other information to the PHR or otherwise, or your breach of the terms of use.

Contact Information

If you have any questions about this agreement, please contact the Health Information Act Help Desk, at Alberta Health, 10025 Jasper Avenue, NW Edmonton Alberta, T5J 1S6. 780-427-8089 or hiahelpdesk@gov.ab.ca, or contact User Support.