Last modified: June-2802924

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Terms of Service

This Terms of Service Agreement (“Terms of Use” or “Agreement”) governs your access and use of the software, websites, and services described herein.

Terms and Definitions

Throughout this Agreement you will see the terms “Website,” “Portal,” "Client", and “Patient.” The term “Website” refers to the Behavioral Health Connection “BHC” internet web address located at https://bhcportal.com. The term “Portal” or “Client Portal” or "Client Portal" refers to https://client.bhcportal.com, which is the internet web address that provides access to portions of your electronic health records that are created, received, or maintained by BHC.  The term “Patient” or "Client" refers to the pronouns, “me,” “you,” “your,” and “I”, which is the person signing into the Portal, with the objective of interacting with your electronic health record.

 

Acceptance and Participation

It is important that you read and understand all of the following terms and conditions carefully. You understand and agree that this Terms of Use Agreement is a legally binding agreement between you and BHC. It states the terms and conditions under which you may access and use the Portal and all written and other materials displayed or made available through the Portal, which may include, without limitation: clinical documentation, health records, articles, text, photographs, and images, (the “Content”). By accessing and using the Portal, you are indicating your acceptance and confirm that you have read, understood, and agree to be bound by the terms and conditions of this Agreement and the related Notice of Privacy Practices. If you do not accept these terms and conditions, your immediate remedy is to not access or continue to use the Portal. BHC reserves the right at its sole discretion to make changes to portions or all of these Terms of Use and the Notice of Privacy Practices at any time.  Your continued use of the Portal after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.  BHC does not assume any obligation to notify you of any changes to this Agreement.

 

Medical Emergencies

You understand that the Portal is not meant to be used in the case of an emergency. For all matters requiring urgent care which you believe may negatively impact your health or well-being, you understand that you must call 911 or proceed to the emergency department.  You agree that under no circumstances should you attempt self-treatment based on anything you have seen or read on the Portal or the BHC Website.

 

Eligibility for Use

All patients that are at or over the age of 18 that have received healthcare at a BHC-participating behavioral health agency are eligible to use the Client Portal.  Access to the Portal is enabled by your behavioral health agency on an individual basis.

 

No Access for Minors; Dependent Adults; Power of Attorney

You understand that the portal is not available for use by persons under 18 years of age.  Instead, the client's parent or guardian may access the minor's records through the Portal on their behalf.  This is also the case for managing dependent adults.  BHC assumes no liability for breaches of HIPAA-protected PHI for individuals accessing other persons' PHI without a legal right to do so, as provided by parental rights, powers of attorney, etc.

 

BHC Client Portal Access and Use

You understand that the Portal is intended to be used only by individuals who wish to use the services and functionality that the Portal provides in connection with their (or their dependents') health and well-being. To that end, BHC does not assume any liability whatsoever for any health information or advice used by persons logging in to the Portal to access health records for themselves or their dependents.

 

General Information Is Not Medical Advice

The Content on the BHC Website, or the Portal, is NOT considered medical advice or treatment rendered and is not intended in any way to be a substitute for direct patient care.  In more specific terms, the Content is not intended for use in the diagnosis, cure, treatment, or prevention of any disease and must never be relied on to make medical or clinical decisions regarding your care.  Always seek the advice of a provider or other qualified healthcare professional who is properly licensed to practice medicine or provide healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from the BHC Website and any medical condition you believe may be relevant to you. Never disregard professional medical advice or delay in seeking it because of something you have read on the BHC Website. Always consult with your provider or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained on the BHC Website or the Portal is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.  You should always seek a direct, in-person appointment with your provider to assess any health related concerns so a proper diagnosis and treatment can be administered.

 

Medical Disclaimers; No Provider-Patient Relationship

The presentation of Content on the BHC Website, or the Portal, does not necessarily establish a provider-patient relationship between you and BHC (or any of its providers/agency) and is not intended as a solicitation of individuals to become patients or clients of BHC (or any of its providers/agencies).

This section does not apply to the extent that you are using the Portal to communicate with a provider with whom you have an existing provider-patient relationship.  In the event you have established a relationship, BHC will not be held liable or responsible in any way for any injury resulting therefrom, or any injury that may result from unfulfilled appointments, advice received, treatment ordered, etc.

 

No Endorsements; Technology or Otherwise

You understand that the Portal is accessible on many of the major computing platforms that offer a web-based browser.  BHC makes every best attempt to ensure that the user experience is consistent across each platform.  You understand that depending on which platform and browser you use to access the Portal the “look” and “feel” may be slightly different.  BHC does not recommend or endorse any specific technology to access the Portal.  You understand that the Portal is only available from a web-based browser; an “App” for mobile devices is not available at this time. However, the Portal can be accessed with any internet capable web-based browser on your mobile device.  Additionally, unless specifically stated, BHC does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the BHC Website.

 

Disclaimer of Warranties

The Portal is provided “AS IS” and “AS AVAILABLE.” While BHC endeavors that the Portal is accessible 24/7, BHC makes no representations or warranties, expressed or implied that the Portal will be made available at “ALL TIMES.” You acknowledge and agree that your access and use of the Portal is provided entirely AS IS except in the case of events beyond BHC’s reasonable control including, without limitation: Internet outages or interruptions to service, repair or system maintenance, natural disasters and acts of terrorism, or war. You assume full responsibility and risk of loss of private information resulting from the downloading, printing and/or accessing of your records or any other Content via the Portal, which includes, but is not limited to loss of privacy of such records.  BHC assumes no accountability and disclaims all liability resulting from inaccuracies or inaccessibility in any software, communication lines, the Internet, your Internet Service Provider (ISP), or technical issues originating from the computer or device that you use to access the Portal. In the event that the Portal is unavailable, there are other methods of contact available to you, such as the telephone, or visiting your behavioral health provider/agency during regular business hours.  BHC makes no guarantees on the completeness, accuracy, consistency, or currency of the information available to you on the Portal.

 

Limitation of Liabilities

In no event shall BHC, its participating agency clients, providers, directors, employees, agents, AND workforce members, and their respective successors and assigns be liable for damages of any kind, including, without limitation: any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation: any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with Your use, misuse, or reliance upon the Portal or the Content, or Your inability to use the Portal, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if BHC knew of or ought to have known of the possibility of such damages.

BHC also expressly disclaims any and all liability for ANY INADVERTENT LOSS OF DATA TO OR FROM THE PORTAL OR DAMAGE TO COMPUTER OR MEDIA AS A RESULT ERRORS CAUSED BY HUMAN AND/OR MACHINE ERRORS, OMISSIONS, OR DELAYS.  YOU UNDERSTAND AND AGREE THAT USE OF OR CONNECTION THROUGH THE INTERNET IS INHERITENTLY INSECURE AND THAT USING THE INTERNET TO CONNECT TO THE Client Portal PROVIDES OPPORTUNITY FOR UNAUTHORIZED ACCESS BY A THIRD PARTY TO COMPUTER SYSTEMS, MOBILE DEVICES, NETWORKS AND ANY AND ALL INFORMATION STORED THEREIN.

Under no circumstances shall BHC, its participating agency clients, providers, directors, employees, agents, AND workforce members, and their respective successors and assigns, be liable for any ADVERSE injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoeveR OF YOUR CONNECTION TO OR USE OF THE Client Portal, THE INTERNET, OR MOBILE DEVICES.  BHC SHALL NOT BE LIABLE OR RESPONSBILE FOR: (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, or services located at, or made available on the Portal or any Website linked to or from the BHC Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if BHC knew of or ought to have known of the possibility of such damages.

 

Indemnity

You agree to indemnify, defend, and hold harmless BHC and its participating agency clients, providers, directors, employees, agents, and workforce members, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation: legal fees and disbursements resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Portal (iii) your use of, reliance on, publication, communication, distribution, printing, uploading, or downloading of anything (including the Content) on or from the Portal.

 

Limited License

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, and non-exclusive license to access, view, and use the Portal and the Content for your personal, non-commercial use. You are granted the right to download, store, and/or print copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Portal. In the event of a conflict between the terms of a license governing specific Content and this Agreement, the terms of the specific license shall govern.

 

Passwords

You understand that the Portal utilizes a username and password for authentication.  You understand that you alone are responsible for protecting the confidentiality of your username and password.  This responsibility includes not allowing another person to use your credentials to access the Portal. You understand that if this information is shared with anyone, or compromised then all inquiries and submissions made via the Portal will be logged under your username. Furthermore, you understand that you will be responsible for any losses or damages that may occur as a result of your failure to maintain the strict confidentiality of your username and password.  If you suspect that your password has been compromised, your immediate remedy is to change it by visiting https://client.bhcportal.com and clicking on the reset/forgot password link.

 

Conduct Regarding Document Uploads (“Submissions”)

The Portal provides a feature which allows you to upload (“post”) “Submissions” in the form of text, pictures, documents or other files to the Documents area of the Portal that are then accessed by your behavioral health agency's staff or provider. This feature is intended for use by you to submit files and documents to your provider electronically in place of, or in addition to sending documents through the mail or visiting your provider in-person. BHC reserves the right at all times to preserve any information as required to cooperate with any law enforcement requests, or to edit, refuse to post, or refuse to remove any upload, in whole or in part, that, in Health Service’s sole discretion, are objectionable or in violation of this Agreement. You acknowledge that you alone are responsible for the Content of your Submissions and the consequences thereof.

When using any of the features of the Portal which allow you to post, upload, or make Submissions, it is a condition of your use that you DO NOT:

Restrict, intimidate, or inhibit any other user from using and accessing the Portal, interfere or attempt to interfere with the proper workings of the Portal, or do anything, which in the sole discretion of the BHC, imposes an unreasonable or disproportionately large load on the Portal infrastructure;

Post or transmit any unlawful, abusive, defamatory, indecent, obscene, inaccurate, false or misleading information of any kind, including, without limitation: any submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, or federal laws or regulations;

Upload any materials which contains a virus, malicious code, or computer payloads of any kind intended to do harm to user or computer; which includes but is not limited to, denial of service attacks, gaining access to another users account, stealing personal information, or otherwise exploit the “System” or “Data” for personal gain.

Use or “mine” the Portal for unsolicited purposes – commercial or otherwise, including, without limitation: posting, uploading, or transmitting any material which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising, or pyramid schemes.

 

Grant of License Regarding Submissions

By posting or uploading Submissions to the Portal, you grant BHC and your behavioral health agency/provider a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, license to use, reproduce, store, transmit, or display such Submissions for any treatment, payment, or healthcare operations purposes.  You acknowledge and agree that BHC is not responsible for any loss, damage, or corruption that may occur to your Submission; and acknowledge and agree that your Submission will be kept confidential consistent with our Notice of Privacy Practices.

 

Electronic Signatures

Some of the Submissions withing the Portal make use of Electronic Signatures, as defined by the ESIGN Act of 2000.  You agree to accept electronic signatures in place of ink-and-paper signatures for the purposes of interacting with the Portal.

 

Data Privacy and Security

See the Privacy Policy section below.

 

Modification or Termination of the Portal

BHC reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Portal (or any part thereof) with or without notice to you. BHC shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Portal or any part thereof.

 

Governing Law and Jurisdiction

Any cause or action arising out of or related to this Agreement may only be brought in the courts of applicable jurisdiction in the State of North Carolina, without regard to its conflicts of law principles, and the parties hereby submit to the jurisdiction and venue of such courts.

 

Waiver

Any consent by BHC to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach. You understand if you choose to share your password with another person, you understand that BHC assumes no responsibility and will not be liable for any breach of confidentiality that may occur to your electronic medical record as a direct result of you intentionally sharing, inadequately protecting or failing to protect your password.

 

Severability

The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.

 

Terms of Use Violation

You acknowledge and agree that BHC may preserve any communications, secure messages, and document uploads sent/received through the Portal and may disclose such communications when disclosure is reasonably necessary to: (1) comply with investigations by law enforcement agencies; (2) enforce this Terms of Use Agreement; (3) respond to claims that any communication harms or violates the rights of others; or (4) protect the rights and personal safety of BHC and its providers, directors, employees, agents, workforce members, and their respective successors and assigns.  BHC or your behavioral health provider may, at its sole discretion, suspend or terminate your right to use the Portal, either temporarily or indefinitely at any time without notice if you are found in violation of this Terms of Use Agreement. In the event of suspension or termination, you are no longer authorized to access the Portal which shall survive in effect as full force the termination of this Agreement. BHC shall not be liable to any party for such termination.

 

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Privacy Policy

In addition to the Terms of Service listed above, you also agree to the following privacy-specific policies:

 

Data Privacy and Security

You understand that BHC employs the same considerations and safeguards to protect the confidentiality of your online health information that is given to your health records in any other format.  You understand that while the Portal provides you with access to many of your own health records, you may not be able to see all of your records.  You understand that you may however use other methods to find out more information about these sensitive records, such as contacting your behavioral health agency/provider by phone, by completing a records release request, or in some cases, visiting your behavioral health agency/provider in-person.

BHC utilizes industry best practices specified in the HIPAA Security Rule located at § 45 CFR Part 160, subparts A and C of Part 164 to ensure your health information is confidential and secure.  You understand that if you choose to download, or print out any medical records, and misplace or lose them, then that information may longer be private and you understand and agree to hold harmless BHC and your provider for any information you may have lost or misplaced.

 

Text Messaging for Appointment Reminders and Details

Your behavioral health provider may utilize text messaging (also known as SMS) to your mobile phone.  Such automated text messages are sent by BHC Portal on behalf of your provider.  By providing your number (and filling out an opt-in form) with your provider and BHC Portal, you are agreeing to receive SMS messages from BHC Portal regarding your appointment information with your behavioral health provider.  You can reply STOP at any time to unsubscribe.  Message frequency may vary, and Msg & Data rates may apply.

 

Text Messaging Use and Privacy

If you elect to opt-in to text messaging, your name and phone number will be stored in an encrypted format.  You will not be sent any marketing messages.  All text messages will only be automated in nature, regarding upcoming appointment details with your provider.

Also note: if you elect to opt-in to text messaging appointment reminders, none of your mobile information will be shared with third parties/afficiates for marketing/promotional purposes.  All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

We will not rent or sell your personal information to any other companies or individuals.

 

Opting-Out of Text Messaging

If you wish to no longer receive text messages from BHC Portal regarding your appointments, you may simply reply STOP to the most recent appointment reminder message, or inform your behavioral health provider.

 

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Entire Agreement

This is the entire Agreement between you and BHC relating to your access and use of the Portal.