TERMS OF USE END USER AGREEMENT

The UPMC AnywhereCare service may only be used to request advice for non-emergency and non-urgent medical conditions. Do not use UPMC AnywhereCare if there is an emergency, urgent condition, or when you require an immediate answer. If you think you are experiencing a medical emergency, you should seek emergency medical services immediately or call 911.

Your use of UPMC AnywhereCare is conditioned upon your acceptance of these terms of use. Because this service is accessible via the UPMC website, you agree to abide by these terms of use, as well as those that are referenced hereinbelow.

By clicking the “I agree to these terms of use” box when completing an AnywhereCare account registration form, you agree to be bound by these AnywhereCare terms of use and the UPMC website terms and conditions, which are incorporated and made part of these terms of use by reference.

If you do not agree to these terms of use, you cannot establish a UPMC AnywhereCare account.

These terms of use, materials referenced in this document, and the content of the UPMC AnywhereCare website are subject to change at UPMC’s sole discretion. Any changes made are effective upon posting. It is your responsibility to review these terms of use each time you access the AnywhereCare website and mobile app, as you will be bound to any changes made. Each time you access the AnywhereCare website and mobile app you are confirming your acceptance of the terms of use as they appear at the time of your access. Please print and keep a copy of these terms of use for your records.

UPMC AnywhereCare is an online health care service (occasionally referred to herein as the “Service”). To access the Service, you must first enroll to establish an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account or create an account for anyone other than yourself, unless you are creating an account for an adult to whom you have proxy permissions in MyUPMC or a minor child of whom you are a parent or legal guardian. In creating an Account, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by our Account enrollment form; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Service. You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself, an adult for whom you have proxy permissions through MyUPMC, or a minor child of whom you are a parent or legal guardian, to agree to these Terms of Use.

Other than information received directly by you from providers, the content on the UPMC AnywhereCare website and mobile app should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the content on the AnywhereCare app or website represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, UPMC does not recommend or endorse any specific tests, providers, medications, products, or procedures.

You agree not to access or use your Account or the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Agreement. You shall not post, use, store, or transmit (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, or spamming. You shall not use your Account in any manner that could damage, disable, or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks through hacking, password mining, or any other means. You shall not use any robot, scraper, or other means to access your Account and the Service for any purpose.

All of the content available on or through your Account or the Service is the property of UPMC or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property law. We give you permission to display, download, store, and print the content only for your personal, non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through your Account or the Service to anyone, including but not limited to others in your organization. All software and accompanying documentation made available for download from your Account or the Service is the copyrighted work of UPMC or its licensors. Any copy made of information obtained through your Account or the Service must include all applicable copyright notices.

Subject to the terms of this Agreement, UPMC hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.

The license granted herein does not permit you to, and you agree not to: (a) modify, translate, reverse engineer, disassemble, decompile, or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to, the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of your Account or the Service; or (b) transfer, distribute, sell, lease, rent, disclose or provide access to your Account or the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.

Except as prohibited by law, and without limitation:

• You expressly understand and agree that: (a) your use of an account is at your sole risk. Your account is provided on an “as is” and “as available” basis. UPMC and its affiliates expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement; (b) UPMC and its affiliates make no warranty that (I) your account will meet your requirements, (II) your account will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of your account will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through your account will meet your expectations, and (V) any errors in any software associated with the use of your account will be corrected; and (c) no advice or information, whether oral or written, obtained by you from UPMC or its affiliates or through or from your account shall create any warranty not expressly stated in the terms of service.
• You shall be solely and fully responsible for any damage to the UPMC AnywhereCare website or mobile app or any computer system, any loss of data, or any improper use or disclosure of information caused by you or any person using your username and password. UPMC and any UPMC affiliate cannot and does not assume any responsibility for any loss, damages, or liabilities arising from the failure of telecommunications infrastructure, or the internet or your misuse of any protected health information, advice, ideas, information, instructions, or guidelines accessed through your account.
• In the event of any problem with your account or any of its content, you agree that your sole remedy is to cease using your account. Under no circumstances shall UPMC, any UPMC affiliates, any UPMC licensor or supplier, any third party who promotes the service or provides a link to the service be liable in any way for your use of your account or any of its content including, but not limited to, any errors or omissions in any content, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of your account. In no event shall UPMC nor any of its affiliates be liable for any direct damages. In addition, to the maximum extent permitted by law, in no event shall UPMC, any UPMC affiliates, any UPMC licensor or supplier, any third party who promotes the service or provides a link to the service be liable for any special, punitive, indirect, incidental or consequential damages that result from: (I) personal injury, wrongful death, loss of use, loss of profits, interruption of service, or loss of data; or (II) mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to UPMC AnywhereCare records, programs, or services, and whether in any action in warranty, contract, tort (including, but not limited to, negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, your account or any service accessed through your account or any material or information contained in, accessed through, or products purchased on, the UPMC AnywhereCare website or mobile app, even if an authorized representative of UPMC, any of its affiliates, any UPMC licensor or supplier, any third party who promotes the service or provides a link to the service is advised of the likelihood or possibility of the same. To the extent certain jurisdictions restrict any of the above limitations of liability, such limitations shall not apply in such jurisdictions to the extent of such restrictions. You acknowledge and agree that UPMC and its affiliates aggregate liability to you for any damages, losses, fees, charges, expenses, or liabilities, and in circumstances where the foregoing limitation is finally determined to be unavailable, shall not exceed the fee paid by you prior to the first occurrence of the subject damages, losses, fees, charges, expenses, or liabilities.
• If your use of your account results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
• You agree to waive, to the fullest extent permitted by law, all laws that limit the efficacy of such indemnifications or releases.

By establishing an Account, you will have access to confidential information of UPMC (“Confidential Information”) that may include, but is not limited to, software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, functional specifications, technical materials and information, and related documentation.

You agree to maintain and safeguard vigilantly the privacy and security of all Confidential Information. You shall implement and maintain appropriate safeguards to protect the confidentiality, integrity, and availability of all Confidential Information, to protect against reasonably anticipated threats or hazards, and to prevent use or disclosure of Confidential Information accessed through your Account other than as permitted by this Agreement or required by law. Such safeguards shall comply with all applicable federal, state, and local requirements and with security measures and controls that may be required from time to time by UPMC and its licensors and suppliers.

Without limiting the foregoing, you agree to undertake all necessary measures to ensure the privacy and security of all Confidential Information including, without limitation: (i) to use UPMC AnywhereCare and the Confidential Information only as needed to receive online care services; (ii) not to access, use or disclose any Confidential Information that you have no legitimate authorization to access, use or disclose; (iii) not to access UPMC AnywhereCare or any Confidential Information for any other individual or any unauthorized third party; (iv) to restrict physical and system access to your Account as well as any equipment which contains Confidential Information or which gives access to your Account; and (v) implementing procedures to ensure no computer or terminal with live access to your Account is left unattended at any time.

You immediately shall notify and cooperate fully with UPMC in the event you discover or suspect: (a) any unauthorized use of or access to UPMC AnywhereCare; (b) any inappropriate use or disclosure of information contained in UPMC AnywhereCare or obtained through use of UPMC AnywhereCare; (c) the recognition or introduction of any virus, worms, Trojan horses, and other destructive items; or (d) any Security Incident (as defined in the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR parts 160, 162 and 164 and any applicable state law). If in the opinion of UPMC, a breach has affected or may affect any other UPMC AnywhereCare user or any individual whose PHI is contained on UPMC AnywhereCare, then UPMC, at its discretion, may notify such UPMC AnywhereCare user or individual of the breach or may require you to immediately notify such user or individual of the breach.

UPMC reserves complete and sole discretion with respect to the operation and use of UPMC AnywhereCare. UPMC may collect, retain, and use records and other data and information relating to your use of UPMC AnywhereCare or your Account including, but not limited to, the history of use. UPMC may also, among other things, withdraw, suspend or discontinue UPMC AnywhereCare or any functionality or feature of UPMC AnywhereCare. UPMC reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to UPMC AnywhereCare or your Account pursuant to any internal record retention and/or destruction policies as such policies may be amended from time to time.

Areas accessed using UPMC AnywhereCare may contain links to other websites. Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement or adoption by us of the linked site or any medical or other information contained therein. UPMC encourages you to read the terms and conditions, data-gathering practice and privacy policies of all linked sites as they may materially differ from ours. You agree that UPMC and its affiliates shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this site. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses, and other destructive items.

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use of your Account, you agree to indemnify, hold harmless, and defend UPMC and its parents, subsidiaries, affiliates, licensors, suppliers, [Apple and Google], and the officers, directors, affiliates, subcontractors, agents and employees of each of them (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third-party claims arising out of: (i) your use of your Account or UPMC AnywhereCare; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any of your obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party.

You agree that UPMC may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications, or other records regarding UPMC AnywhereCare (collectively, “Notices”). UPMC can send you electronic Notices (1) to the email address that you provided to UPMC during registration for UPMC AnywhereCare or (2) by posting the Notice on the UPMC AnywhereCare website or mobile app. The delivery of any Notice from UPMC is effective when sent or posted, regardless of whether you read the Notice or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the applicable service. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices.

UPMC’s online services are designed for and intended for users in the United States of America only. UPMC, its affiliates and UPMC Providers make no representations that the online services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the online service from territories where the content in the online services is illegal is prohibited. If you choose to access or use the online services from a location outside the United States, you do so on your own initiative and risk, and you are solely responsible for compliance with local laws.

You or UPMC may suspend or terminate your access to your Account at any time, for any reason or for no reason at all. In the event that the end user would like to terminate their account for any reason, UPMC AnywhereCare Support should be contacted at the following number: 1-866-884-8579. UPMC has the right (but not the obligation) to refuse to provide access to an Account to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. UPMC reserves the right to change, suspend, or discontinue all or part of your Account, temporarily or permanently, without prior notice.

By establishing an Account you agree to the applicability of the laws and jurisdiction of Pennsylvania, without regard to any principles of conflict of laws, for any matters related to your access or use of UPMC AnywhereCare.

We may modify these terms of use, other terms and conditions referenced above in this document or the content of UPMC AnywhereCare websites or mobile app at any time. For this reason, you should review the terms of use set forth above and the terms and conditions referenced herein.

The services and the content of UPMC AnywhereCare are protected by copyright, trademark, and other intellectual property concepts as applicable and are provided solely for your personal use. Re-publication, distribution, or use of UPMC AnywhereCare that is inconsistent with the terms and conditions described herein is strictly prohibited.

If any provision of these terms of use is held to be illegal, void or unenforceable, then such terms may be modified or amended to the extent necessary to enable the remaining provisions to be enforceable and effective to the maximum degree.