SPRY HEALTHCARE
MYSPRY – Electronic Health Record Access
TERMS AND CONDITIONS OF USE

You are requesting access to portions of yourYou are requesting access to portions of your health information and the ability to communicate with your Spry providers regarding your health information by using an Internet-based electronic application we call MySpry, which is a customized format for MyChart (“MySpry”). Please read carefully the following terms and conditions before using MySpry. To obtain access to MySpry, you are required to acknowledge that you have read these terms and conditions and agree to them.

Spry reserves the right to make any changes to these Terms & Conditions at any time without notifying you or obtaining your agreement. Any changes to the Terms & Conditions will be posted on the MySpry website.

By accessing or using the MySpry, you agree to be bound by all the terms and conditions of this Agreement and our Notice of Privacy Practices as posted. It is important to review the agreement and Notice of Privacy Practices periodically as we may modify either or both at any time, and you agree that such modifications are effective and binding upon you immediately upon posting of the modified version

Privacy

The privacy of your health information is very important to us. Spry will use and disclose your health information in accordance with our Notice of Privacy Practices, to provide you with health care services and as needed for Spry's treatment, payment and operations purposes. Spry will maintain your health information in confidence and will not disclose it to any unaffiliated third party unless you authorize that person to receive your health information or the intended use or disclosure is permitted by law. Please review the Spry Notice of Privacy Practices for an explanation of how, when, and why we use and disclose your health information. All electronic messages sent and received within MySpry that contain health information are subject to state and federal laws governing the security and confidentiality of medical records.

Use/Access

MySpry should never be used for urgent matters. For all urgent medical matters, go to the emergency department of a local hospital and/or dial 911.

All information in MySpry is provided "as is" without warranty of any kind and meant for use only to support your relationship with your Spry provider. Your use of and/or reliance on the information provided in MySpry is not meant to replace proper medical attention. The information displayed in MySpry may not be the complete medical record. Therefore, you must contact Spry directly for official and complete copies of your medical record or if there are discrepancies with the medical information listed in your record.

MySpry may not be available to you at all times due to system updates and maintenance, system failures, procedures, or other causes beyond the control of Spry. Access is provided on an "as-is, as-available" basis and Spry does not guarantee that you will be able to access MySpry at any particular time.

Spry will make every reasonable effort to provide a timely response to your electronic messages. In some situations, the Spry staff who needs to respond to a message may not be immediately available. Therefore, the anticipated turnaround time for a response to a patient inquiry is 2 business days.

The information you submit to MySpry, including your electronic messages, may be shared with Spry staff when their job includes assisting your provider in providing your medical care. However, your information will only be available to Spry staff having a business reason for accessing it. If your provider is out of the office or unavailable, messages sent within MySpry may be routed to other appropriate and authorized caregivers within Spry in order to facilitate a timely response. In addition, Spry is only able to respond to electronic messages based on the information provided by you. Therefore, if there is insufficient information provided, Spry may be unable to provide accurate and reliable responses and/or service.

Inappropriate Use/Deactivation or Termination

MySpry access is granted for the purpose of furthering your medical care. Use of MySpry unrelated to this purpose may result in the deactivation, suspension or termination of access privileges. Improper use includes, but is not limited to, the use of inappropriate, threatening or abusive language, requesting appointment times that are not needed or are frequently cancelled, and any other use that Spry, in its sole discretion, determines constitutes an interference with or disruption to Spry operations. Spry reserves the right, in its sole discretion, to deactivate or terminate a user's access to all or part of the MySpry website, with or without notice.

MySpry ID and Password

You will be provided with an access code when you initially enroll in MySpry. You must use the access code that is given to you to create a unique personal login name (called the "MySpry ID") and password. Once the access code has been used, it will no longer be valid. The login name and password you choose will be used to access your health information in MySpry. They are unique and that identify you in the MySpry system. Any inquiries and entries you make in MySpry will be logged with your identity and may become part of your official medical record. Therefore, it is important that you keep your login name and password completely confidential. Anyone with access to your login name and password will be able to access your health information, as well as read your messages and send new messages as if they were you. It is your responsibility to prevent disclosure of your login name and password, and to change your password if you feel that the security of your password has been compromised. Spry is not responsible for breaches in security caused by your failure to properly manage the secured access to your MySpry account. You may change your password at any time. You may do so by logging into MySpry, choosing "MySpry Account" and then clicking on "Change Password".

Verification of Identity

Your enrollment in MySpry is contingent on verification of your identity by a Spry representative. Access codes are provided by Spry or by an online request submitted from the Spry website.

Secure Communications

Communications between you and your Spry providers occur over a secure connection. However, if you elect to receive Internet e-mail messaging notifying you that new medical information is available in your MySpry account, please remember the following: Although these e-mail messages will not contain your medical information, the notification that new medical information is available may be information that you do not want others to know. Therefore, you should take this into account when providing Spry with your e-mail address. The health information available to you and accessed within your MySpry account and is protected and securely maintained by Spry.

Although MySpry is configured to be secure from unauthorized access, Spry is not responsible for some security breaches, depending on cause, including, without limitation: The complete and absolute security of all electronic communication transmissions between the patient and Spry; Unauthorized disclosure resulting from a user not logging out of an active session; Unauthorized disclosure resulting from a lost, stolen, or shared login name and/or password; Unauthorized disclosure resulting from information printed from MySpry by the user; Unauthorized disclosure resulting from personal computer settings or installed software products that may compromise information security; and, Other events caused by events or actions beyond the substantial control of Spry.

Intellectual Property Rights

The content and material available on the MySpry website may be protected by copyrights, trademarks, patents, trade secrets, or other proprietary rights and laws. You may download, use and copy materials from the MySpry website for your personal, noncommercial use only, provided you comply with all applicable law, all copies include our copyright information and logo, and the information is not altered in any way. Material cannot be copied and redistributed without the express written permission of Spry or the owner of the material. Except as authorized by law or in this paragraph, you are not being granted a license under any copyright, trademark, patent, or other intellectual property right in the material, the products, services, processes or technology described in or available through this website. All such rights are retained by Spry, its affiliates and subsidiaries, and/or any third-party owner of such rights. You may not create framed links to the MySpry website without the express written permission from Spry and any applicable third-parties.

MySpry, the Spry names, logos and all related product and service names, design marks and slogans are the trademarks or service marks of Spry, its subsidiaries and affiliates, and/or any third-party owner of such rights. You are not authorized to use any MySpry or Spry names or marks in any advertising, publicity or in any other commercial manner without the prior written consent of Spry or the appropriate rights owner. Requests for authorization for the use of Spry proprietary right should be directed to Spry.

Disclaimer of Warranties and Limitation of Liability

Spry makes no representations or warranties about the suitability of the MySpry website materials for any purpose. The materials on MySpry website are provided: AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Spry does not warrant the accuracy or completeness of the information, text, graphics, links and other items contained within these materials. IN NO EVENT SHALL SPRY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH ANY SPRY WEBSITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIALS CONTAINED IN OR ACCESSED FROM ANY SPRY WEBSITE. Spry may make any changes to these materials, or the products and services described within these materials, at any time without notice. Spry makes no representation or commitment that it will update the information contained herein.

Use of Information Provided via the Internet

Do not send Spry any confidential proprietary information. Any feedback, data, answers, questions, comments, suggestions, ideas or the like which are sent to Spry will be treated as being non-confidential and nonproprietary. Any such information provided may be reproduced, used and distributed by Spry for any purpose without restriction.

DISCLAIMER FOR INFORMATION PROVIDED ON LINKS TO OTHER SITES

I understand that Spry may provide links or reference to other sites but Spry has no responsibility for the content of such other site and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this web portal.

Legal Compliance

Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material on the MySpry website. If something a user posted or transmitted results in or encourages conduct that is considered a criminal offense, creates civil liability or otherwise violates any law, the website owner will fully cooperate with law enforcement authorities or court order requesting or directing the website owner to disclose the identity of anyone posting such information or materials.

Choice of Law and Forum

The terms and conditions set forth above shall be governed by and construed in accordance with the laws of the State of Ohio. All users expressly agree that the exclusive jurisdiction of any claim or action arising out of or relating to these terms and conditions or any use of this website shall be filed only in the state or federal courts located in the courts of Cuyahoga County and the State of Ohio. Severability and Integration Unless otherwise specified herein, the terms and conditions stated above constitute the entire agreement between the user and Spry with respect to MySpry and this website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between the user and Spry with respect to MySpry and this website. If any part of the terms and conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MySpry Services

At this time, we anticipate that MySpry will provide the following services: Ability to request an appointment, and review past and current appointments Ability to view selected portions of your medical record such as allergies, medications, histories, problem list and recent visit information Ability to receive selected lab results Communicate with your physician via secure messaging regarding health concerns Request prescription refills Links to other sites that will provide you health information With approved Proxy Access, provide access to another adult’s or your minor child’s MySpry record Other services may be added as Spry implements MySpry.

A Reminder of MySpry USER RESPONSIBILITIES (PLEASE READ CAREFULLY)

I understand that MySpry is intended as a secure online source of confidential medical information. If I share my MySpry ID and password with another person, that person may be able to view my or the patient’s health information, and health information about someone who has authorized me as a MySpry proxy. I understand that my activities within MySpry may be tracked electronically and that entries I make may become part of the medical record. I understand that access to MySpry is provided by Spry as a convenience to its patients and that Spry has the right to end access to MySpry at any time, for any reason, including any misuse of MySpry by me (or my proxy). I understand that access to MySpry does not grant me or my proxy any right, license or interest in Spry's proprietary or confidential information or property and that I am not permitted to use, reproduce or distribute (e.g. cut and paste) any intellectual property of Spry or any third party contained on this website or in my MySpry medical record. For example, I understand that I am not permitted to copy any of the pages/screens of MySpry and paste them elsewhere as this would be an inappropriate use of Spry’s proprietary rights and the proprietary rights of other third parties. I understand that my use of MySpry is voluntary and I am not required to use MySpry or to authorize a MySpry proxy. If I designate a proxy, I understand that it is my responsibility to contact Spry and tell them that I am revoking the proxy status when I no longer want the person I designated to have access to my MySpry information. I understand that Spry providers may send me messages through MySpry. It is my responsibility to monitor these messages and respond in an appropriate manner. I must provide Spry with a valid email address and update Spry if I change my email account. Spry may send me emails to my personal email address to notify me that I have new MySpry messages. Messages sent via my personal email will not contain personal health information; however, I understand that any person with access to my personal email account will be able to see these messages. I agree and expressly authorize the sending of messages regarding my health care through MySpry. Since these messages may become a part of my permanent medical record and will be perceived as my health information, it is important that no one else's information be reflected in my messages. Spry takes no responsibility for erroneous medical information provided through MySpry. I understand that I may not transmit any information or message that contains unlawful, threatening, fraudulent, libelous, defamatory, obscene or abusive information or language. MySpry may not be used for any illegal or unethical activities. Hacking, attempted access or other forms of inappropriate access or attempted access to unauthorized areas or information on this site will lead to termination of use and potential legal prosecution.

CONFIDENTIALITY

Both Federal and Ohio laws govern the confidentiality of medical information. Spry is dedicated to keeping your medical information confidential. Our staff is subject to strict policies and standards on maintaining your confidentiality. By allowing you access to your medical information you must share in this responsibility. Please read Spry's Notice of Privacy Practices for more information.

Minor Eligibility

With certain exceptions, an individual must be age 18 or older to request a personal account. Parents or guardians of minor children may request access to the minor child's account by following the terms outlined in Spry’s "MySpry Proxy Access." Minor children less than 13 years of age will not be eligible to participate in the full spectrum of MySpry services. Minor children between the ages of 13 and 17 (inclusive) may obtain a personal MySpry account with parental approval. Parents may obtain proxy access to these MySpry accounts until the minor reaches the age of 18 at which time proxy access will be automatically terminated. After termination at age 18, proxy access may be granted in accordance with the then applicable proxy access rules for adults. There are certain types of medical information that the parent or guardian of a minor patient age 13 or older may not view without consent of the minor patient. Because of these requirements, we cannot offer the full spectrum of services to parents of minor patients in this age category. Thus, when a minor patient reaches age 13, certain restrictions may be placed on the parental MySpry proxy access until he/she reaches age 18.

Proxy Access

Individuals age 18 or older may request proxy access to another individual's MySpry account by requesting that the patient complete the Proxy Access Consent Form and submitting it to Spry. Such access will only be granted to parties with parental rights or legal guardianship over the MySpry account holder and only to the extent that the party seeking proxy access can demonstrate the legal right to the account holder's medical information. A MySpry account will be activated for both the proxy and the account holder. If the proxy's legal relationship with the account holder changes, the account holder must inform us immediately by calling or sending written notice. Spry reserves the right to revoke proxy access at any time for any reason.

Deactivation

In addition to the deactivation terms set forth above, MySpry access and/or Proxy access may be deactivated, in the sole discretion of Spry or at the request of the account holder. The following is a list of reasons which will result in deactivation. This list is not an all-inclusive list and each circumstance will be evaluated individually. No longer a patient for Spry Automatic system partial deactivation will occur for a parent to view a child's record when the child reaches the age of 18 Automatic system deactivation will occur after a number of failed login attempts to access the secure portion of the Spry system Inappropriate use of messaging or scheduling (ex: excessive, unnecessary, inappropriate content) Abuse of proxy access Pending legal issues with patient or direct family Poor response to training Inability to use features without constant assistance You understand that not all of your Spry medical record may appear on your MySpry. The decision to post medical information on MySpry is primarily at the discretion of your individual physician(s). Spry reserves the right in the future to charge a fee for the use of MySpry. If Spry chooses to charge a fee, you will be notified of this change and asked to re-apply if you agree to the fee and wish to continue with this service.

Discontinuing Use of MySpry

You can discontinue your use of MySpry at any time by contacting Spry (216-957-SPRY).