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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 MyHealth Records User Agreement represent the entire agreement between every user and MyHealth.Alberta.ca 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 MyHealth.Alberta.ca 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 MyHealth.Alberta.ca has no control. These links have been provided solely as a convenience for users of this Site and do not constitute an endorsement by MyHealth.Alberta.ca of the content of such third party sites. MyHealth.Alberta.ca makes no representations regarding the content or accuracy of materials on such third party websites. MyHealth.Alberta.ca 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. MyHealth.Alberta.ca is not responsible for the privacy practices of such websites. MyHealth.Alberta.ca 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.
  • MyHealth.Alberta.ca 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, Strategic IMT Services 14th Floor, ATB Place North 10025 Jasper Avenue Edmonton, Alberta, T5J 1S6

Termination

MyHealth.Alberta.ca 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, MyHealth.Alberta.ca 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 MyHealth.Alberta.ca 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 MyHealth.Alberta.ca 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 MyHealth.Alberta.ca 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, MyHealth.Alberta.ca 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 MyHealth.Alberta.ca at any time at the sole option of MyHealth.Alberta.ca. 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 MyHealth.Alberta.ca 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, Strategic IMT Services 14th Floor, ATB Place North 10025 Jasper Avenue Edmonton, Alberta, T5J 1S6

Disclaimer

MyHealth.Alberta.ca 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, MyHealth.Alberta.ca 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. MyHealth.Alberta.ca 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

MyHealth.Alberta.ca has used reasonable efforts to ensure the information provided on this Site is accurate when posted. However, MyHealth.Alberta.ca 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 MyHealth.Alberta.ca. MyHealth.Alberta.ca 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 MyHealth.Alberta.ca by virtue of this Site will be received by MyHealth.Alberta.ca on a non-confidential basis. We recommend the use of appropriate security, antivirus and other protective software.

MyHealth.Alberta.ca 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.

© 2018 MyHealth.Alberta.ca Copyright and Disclaimer

MyHealth Records User Agreement

Welcome to the Personal Health Record service (“PHR”). The PHR is a web-based service, accessible via MyHealth Records Personal Health Portal.

The PHR is operated by Alberta Health and Alberta Health Services. Alberta Health, Alberta Health Services, and their agents, suppliers, service providers and other representatives are all together referred to as “we” or “us” in this User Agreement.

In order to access the PHR, you must first create a Government of Alberta My Alberta Digital Identity (“MADI”) Account. This enables individuals to use their identity credentials throughout any MADI services, including the PHR. You must become an identity-verified user, and have your identity confirmed through a verification process through MADI to create a personal health record.

https://account.alberta.ca/account

After your MADI Account has been created, you will need to create a MyHealth Records Account (“MyHealth Records Account”) before you are able to create your personal health record. Your MyHealth Records Account enables you to create a personal health record and securely manage, enter, view, store, and access your personal health information. 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 Records Account and PHR are provided by Alberta Health and Alberta Health Services.

In order to use the MyHealth Records 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:

https://myhealth.alberta.ca/Pages/Terms-Conditions.aspx

Privacy Policy:

https://myhealth.alberta.ca/Pages/Privacy-Statement.aspx

We 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 section. You will be required to re-accept a revised user 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 Records Account and PHR in accordance with these terms of use.

We may suspend connectivity between Alberta Netcare or other Alberta Health systems and the PHR at any time and on immediate notice if we reasonably believe that such suspension is necessary (i) to prevent imminent threats to the privacy, security and integrity of PHR Information or to the performance or availability of the PHR; or (ii) to comply with any applicable Canadian laws. We will use commercially reasonable efforts to promptly re-instate connectivity upon elimination of threat or potential non-compliance with applicable Canadian laws.

We also reserve the right to modify or discontinue (temporarily or permanently) this service (or any part of it) with or without prior 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 Records or the PHR.

Date Last Modified: December 17, 2018

Medical Disclaimer

Information provided by or on behalf of Alberta Health or Alberta Health Services via the PHR is intended for general information purposes only. You agree and acknowledge that we are not providing the service to you for the purposes of giving you medical or health advice.

To be clear, any service providers that provide technological assistance to Alberta Health or Alberta Health Services with respect to the PHR (e.g. by providing the software or “software as a service”) do not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned in the PHR.

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 service provider in connection with any and all treatment options that may be available to you.

The PHR should not be considered as a replacement or substitute for the standard practices, professional judgment, skill and expertise of the health service provider using them, but rather as a computer aid for the health professional. The health service provider responsible for treating a patient retains ultimate responsibility for the use of the PHR and treatment provided to the patient, including exercising all due skill and care and professional judgement. The PHR is not intended to be used as a medical device. The absence of an alert (i.e., a technological alert by PHR) for a specific situation or a combination of specific situations should not be considered as an assurance that the specific situation or combinations of specific situations are without risk for 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 service 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 accuracy and completeness of PHR Information that you enter or cause to be entered into your PHR from a source other than Alberta Health or Alberta Health Services is solely within your control (“Your Additional PHR Content”). Your Additional PHR Content is proprietary to you. Except where required to provide access to the PHR and the services within it, we have no right in or license to any of Your Additional PHR Content, unless we have your prior written consent to use or disclose it for a different purpose.

Information within the PHR may not always be accurate or up-to-date and you should view it as informational only.

The use and access of PHR are made “as is”, without any additional representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and no infringement. We do not represent or warrant that the use or access of the PHR will be uninterrupted or error-free, timely, or secure, 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. We do not represent that the functions of the PHR will meet any user requirements you may have.

User Registration and Login

You are solely responsible to maintain the confidentiality of the MyHealth Records Account and passwords you use to access the PHR, and agree neither Alberta Health nor Alberta Health Services has any obligations with regard thereto. You will be required to enter a valid password to access the PHR. It is your sole responsibility to monitor and control use of these passwords for all purposes. You accept all responsibility for the security of your passwords and utilization of the PHR via the passwords, including whether or not you choose to use the PHR in public places. You agree that you are solely liable for all authorized and unauthorized access using your passwords. You agree to keep your passwords strictly confidential and to not disclose them to anyone not authorized to act on your behalf. We are not 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

The PHR is not for the provision of health services. Health service providers, acting in their professional capacity, are not permitted to register for and use the MyHealth Records to access a patient’s health information. Nothing in this Agreement prohibits health service providers from registering for and accessing MyHealth Records for their own personal use.

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. We do not guarantee the accuracy of information in the PHR and assume no responsibility for how health service providers make use of the information obtained from the PHR.

Restrictions on Use

We grant you a limited license to make personal use only of the MyHealth Records 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 Records Account and/or PHR, making any derivative of the MyHealth Records 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 must not use the PHR service for any purpose other than that for which it is designed and intended, as set out in this User Agreement. In addition, (i) unless otherwise expressly permitted in the Terms and Conditions, you must not alter, tamper with or attempt to repair the PHR service; and (ii) unless otherwise expressly permitted in the Terms and Conditions, you are not entitled to resell the PHR service.

You must not (i) license, sublicense, sell, resell, rent, lease, transfer, assign (except as expressly permitted), distribute, time share or otherwise commercially exploit or make the PHR service available to: (a) any third-party, other than to Users, or (b) any person or entity outside of Alberta Health; (ii) remove, alter, or obstruct copyright notices, trademarks or other legends on the PHR service, or its packaging, documentation or related materials; (iii) intentionally send or store: (a) spam or otherwise duplicative or unsolicited messages in violation of applicable laws, (b) infringing, obscene, threatening, harassing, abusive, slanderous, hateful, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third-party privacy rights, or (c) malicious or harmful code, including but not limited to viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the PHR service or the data contained therein; (v) attempt to gain unauthorized access to the product or its related systems or networks (vi) modify the PHR service or create derivative works (vii) create internet links to the PHR service or copy, frame or mirror any part of the PHR service (or any source code or object code thereof) (viii) reverse engineer, disassemble, de-compile, modify, translate, create derivatives, disassemble or use for competitive analysis the PHR service (ix) access, copy or use the PHR service in order to: (a) build a competitive product or service, or (b) copy any features, functions or graphics of the PHR service, or (x) use the PHR service to impersonate another person or infringe the Intellectual Property of any third party.

You further agree you will not use the PHR, the MyHealth Records Account, or MyHealth Records 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 about yourself in your own PHR), including but not limited to its contents and design are the property of Alberta Health and Alberta Health Services, 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 about yourself in your own PHR), 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 Alberta Health Services, 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, Alberta Health Services, 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.

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 Alberta Health Services has any responsibility regarding the same, nor are we 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 open a MyHealth Records Account or PHR and to populate those records with health information. You do so entirely at your own risk. We are not responsible or in any way liable for your choices in respect of the same.

You hereby grant, and represent and warrant that you have the authority to grant us 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 Records Account and PHR, solely as necessary to provide services and operate MyHealth Records 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

PHR functionality enables you to have us populate your PHR with certain aspects of your health information emanating from Alberta Health, Alberta Health Services, or other third party sources. The nature and extent of this information is solely within Alberta Health’s and Alberta Health Services’ discretion to offer and/or provide to you and will be described in detail in the PHR. By agreeing to these terms of use, and to the extent any of this health information is not within the custody or under the control of either Alberta Health or Alberta Health Services, you expressly authorize us to collect your individually identifying health information from the relevant third parties and to disclose it to you by entering it into your PHR. We reserve the right to correct or amend any information we populate 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 accessing the 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.

Confidentiality

We 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 Alberta Health Services 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:

https://myhealth.alberta.ca/Pages/Privacy-Statement.aspx

The Health Information Act and other legislation governing Alberta Health and/or Alberta Health Services may permit discretionary disclosure of your health information without your consent; however, notwithstanding this, we expressly agree not to disclose any personal information or health information that you have entered or caused to be entered into 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 Alberta Health Services attempt to maintain the integrity and accuracy of the PHR, we do not make 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 PHR may be changed or updated without notice.

Links; Third Party Sites; Connected Devices

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. We make no representations whatsoever about any other website that you may access through MyHealth Records or your PHR.

When you access a non-Alberta Health or non-Alberta Health Services website, please understand that it is independent from Alberta Health and/or Alberta Health Services, and that we have no control over the content on that website. In addition, a hyperlink to a non-Alberta Health or non-Alberta Health Services website does not mean that we endorse or accept 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. We 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.

The PHR is capable of connecting to certain third party devices so that data from your devices may be uploaded into the PHR. Third party devices are owned and managed by third parties. Each device provider maintains its own privacy policy, End User License Agreement and/or other terms and conditions. Such terms and conditions govern your use of the third party devices, connections and associated software. Additional terms and conditions, including access to the third party products, may be modified by the third parties in their discretion and as such we cannot guarantee your continued access to the devices. We make no representations that the third party companies are compliant with data privacy legislation or other specific laws and regulations.

Mention of third-parties and third party products in any materials, documentation, advertising, or promotions provided by us to you is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third-party product specifications and descriptions are supplied by the respective vendor or supplier, and we have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users. Use of the third party device companies within the Product does not suggest that the third party device companies endorse us or any of our third party ideas, websites, products or services.

Termination, Suspension & Deactivation

Alberta Health and Alberta Health Services reserve the right, in our sole discretion and without liability to you, to change, suspend, or terminate your access to all or part of the MyHealth Records Account or PHR, or to deactivate any aspect of the MyHealth Records 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 Records Account.

If we suspend, terminate, or deactivate your access to your MyHealth Records 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, we will not disclose or provide access to information stored in your PHR after the termination, suspension, or deactivation of your MyHealth Records Account.

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

https://myhealth.alberta.ca/UAM/Pages/AccountSettings.aspx

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

You understand and accept that your access to the PHR will be terminated by your request, upon your death, or if you do not access your PHR for a period of 24 months or more. We are not responsible for the loss or destruction of any of your information as a result of such termination.

Other than as required by law or with your consent, we will not disclose or provide access to information stored in your PHR after you deactivate your MyHealth Records Account.

Limitation of Liability

We 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 Records Account and PHR, related services, content or information contained within the PHR, health advice, diagnosis, treatment, the performance or possession of the MyHealth Records Account and PHR, any hyperlinked website, any defect in the MyHealth Records 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 we have been advised of the possibility of such damages.

In no event will we have any responsibility or liability in connection with the PHR or your MyHealth Records Account or these terms for any losses or damages whatsoever, for issues including fundamental breach or breach of a fundamental term, tort (including negligence) or other legal or equitable basis, including without limitation direct, indirect, special, punitive, exemplary or consequential damages or other damages (including without limitation damages for harm to business, loss of information or data, loss of profit, loss of savings or revenue, loss of goodwill or other economic loss), arising from or in connection with or relating to the use of or access to, or any inconvenience, delay or loss of use of or access to the PHR or failure of PHR, even if we have been advised of the possibility of such damage or loss or if such damage or loss was foreseeable.

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

Disclaimer of Warranties

We 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. We 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. We make no representation as to the reliability, accuracy, timeliness, completeness, or suitability of the MyHealth Records Account, PHR or any services made available through it.

Choice of Law & Venue

Although Alberta Health and Alberta Health Services are in Alberta, MyHealth Records 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 Records 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 Records 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.

We make no representation that materials on the PHR or otherwise accessible with MyHealth Records Account are appropriate or available for use in other locations outside Alberta. Those who choose to access MyHealth Records 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 us 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 Records 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 Alberta Health Services makes any representation that materials on PHR or otherwise accessible with MyHealth Records 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 Records 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 us 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 us 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 Records Account, PHR or content, including your use of MyHealth Records 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.