Dolphin Health Pharmacy Portal Terms of Use

Pharmacy Portal: On behalf of its affiliates and providers, DOLPHIN HEALTH INC. is pleased to offer, as a courtesy and as an optional service, the use of a secure HIPAA compliant Pharmacy Portal (“Portal”) to individuals who have an existing health care relationship with DOLPHIN HEALTH INC. affiliate and/or provider. The Portal provides a limited view of individual protected health information (“PHI”). The information posted within the Portal should not be considered as a complete medical record, nor should it be relied on to suggest a course of treatment. The Portal is a tool for DOLPHIN HEALTH INC. patients and their associated health care providers to use for convenience and is not intended to be a substitute for seeing a healthcare provider. In order to access and use the portal you must agree to abide and follow the terms and conditions (“Terms of Use” or “Agreement”). Throughout this Terms of Use, DOLPHIN HEALTH INC. and its affiliates may be collectively referred to as “DOLPHIN’, “us”, or “we”. Throughout the Terms of Use, users of the Portal may be referred to as “you” or “users”. At any time, DOLPHIN HEALTH INC. reserves the right to change the Terms of Use/Service, change the site features, and discontinue the Portal services for violation of any Terms. Any noted changes will take effect immediately. To access the Portal, you must accept the Terms of Use.

EMERGENCIES.

DO NOT USE FOR EMERGENCY OR URGENT PURPOSES, CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM.

Access. You will choose your password and user name. Do not share them with anyone, as anyone with this information can view PHI which you have access to and could pretend to be you. If you believe someone may know your password or user name, immediately change your password. You agree that you are over the age of 18. Parents may be granted access to their minor child(ren)’s PHI. As an adult, you may authorize a third party to have access to your Portal.

Education and Content: The health education materials found on the Portal should not be considered as a course of treatment or medical advice; you should use these materials for general educational and informational purposes only. Information sent/available is not comprehensive medical information and is to be used for general informational purposes. Educational content is not meant to substitute for seeing an appropriate healthcare professional or considered authored by DOLPHIN HEALTH INC. or your provider. The information is from a variety of sources and should not be considered authored by the Practice. You should always seek the advice of your healthcare provider for any questions you may have related to a medical symptom or condition. You should not disregard your healthcare provider’s medical advice or delay seeking medical attention because of something you have read on the Portal. It is possible for the health information to contain an error or provide information that is not complete. You should contact your healthcare provider for complete health information specific to your health. Health information available on the Portal is not comprehensive medical text and is to be used for general informational purposes only. Educational content is not meant to substitute for seeing an appropriate healthcare professional or considered authored by DOLPHIN HEALTH INC. or your provider.

Communication: The communication using the Portal between you and DOLPHIN will be a part of each patient's portal health record. Any staff of DOLPHIN may read and respond to your questions/request as assigned.

Limitations on Use: You agree that you will not use the Portal or any of the services it provides in an unlawful manner or purpose. The Portal is intended for secure and private communication between you and DOLPHIN, and may only be used for these purposes. You will not use any form of malicious intent to interfere with the intended use of the Portal or solicit others to interfere with the intended Terms.

Intellectual Property/Copyright: DOLPHIN HEALTH INC. hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the Portal site and to use the access to the extent necessary to use the services solely for your personal, or those that you are granted the right to access their Portal, noncommercial use. DOLPHIN HEALTH INC. retains all right, title and interest in and to the Portal site, the services provided and any content, products, documentation, software or other materials on the Portal site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing. The information available through the Pharmacy Portal is the property of DOLPHIN HEALTH INC. and is protected by United States copyright, trademark, and other intellectual property laws. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by DOLPHIN HEALTH INC. received through the Portal services to anyone. Any copy made of information obtained through the Portal site must include the copyright notice. Any unauthorized use, reproduction, copying, or redistribution of DOLPHIN HEALTH INC. logos is strictly prohibited without written permission from DOLPHIN HEALTH INC..

Legal Notices and Disclaimers: The materials on this site and any third party sites provided through links available on this site which operate and control their own information, products or services are provided “as is” and without warranties of any kind either expressed or implied. Further, this disclaimer claims no warranty either expressed or implied as to accuracy, completeness or timeliness, concerning the information or views available at or through this web site. Nothing in this web site shall be construed as an offer to sell or a solicitation of an offer to buy or sell any securities of DOLPHIN. DOLPHIN reserves the right to revise these Terms and Conditions at any time and will endeavor to do so from time to time. DOLPHIN shall not be liable for any loss, claim or damages caused in providing this information at any time.

You acknowledge that your use of DOLPHIN HEALTH INC. Pharmacy Portal is at your sole risk, and that you assume full responsibility for all risk associated therewith. All information, products or services contained on or provided through this web site are provided "as is" without any warranty of any kind, express or implied. To the fullest extent permissible under applicable law DOLPHIN HEALTH INC. and its affiliates, licensors, directors, suppliers, advertisers, officers, sponsors, managers, employees, agents or other representatives (collectively, "representatives") herby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of title, merchantability, accuracy, fitness for a particular purpose, non-infringement and freedom from computer virus strains, the course of performance and the course of dealing or usage of trade. Without limiting the foregoing, DOLPHIN HEALTH INC. and its affiliates make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of DOLPHIN HEALTH INC. Pharmacy Portal web site and other services provided hereunder. DOLPHIN HEALTH INC. makes no representations or warranties about: your use of the portal or the services provided will be uninterrupted, error free and secure; that defects will be corrected, or that the site or the server(s) on which the site is hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the DOLPHIN HEALTH INC. Pharmacy Portal and the services it provides. DOLPHIN HEALTH INC. Pharmacy Portal or its representatives shall not create any warranty. Your sole and exclusive remedy is to discontinue your use of the portal.

Privacy: Personal information that visitors to this site volunteer such as name, email, and home or work addresses will not be disclosed, sold or otherwise transferred to unaffiliated third parties without the visitor’s consent. You consent to the use and disclosure of personally identifiable information provided to us as outlined in our Privacy Practices which can be found on the home page of the DOLPHIN HEALTH INC. web site.

General Legal Provisions: Although DOLPHIN HEALTH INC. web site may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link does not imply endorsement of the linked site by DOLPHIN HEALTH INC.. DOLPHIN HEALTH INC. takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. Additionally, DOLPHIN HEALTH INC. does not take responsibility for the privacy policies and practices of these third-party links. 

Governing Law: This Terms of Use shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law rules or principles. You agree that law shall be the sole and exclusive venue for any legal action or proceeding between DOLPHIN HEALTH INC. and you for any purpose concerning this Terms of Use. Any cause of action or claim you may have with respect to DOLPHIN HEALTH INC. must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives their right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the Pharmacy Portal and DOLPHIN HEALTH INC. or web site. 

Indemnity: You agree to indemnify, defend and hold harmless DOLPHIN HEALTH INC. and its affiliates from and against all losses, liability, expenses, damages, and costs, including reasonable attorney's fees, arising out of or related to any breach of this terms of use, your relationship with your physician, any negligent or wrongful action or omission by you related to your use of or providing of services through DOLPHIN HEALTH INC., or any negligent or wrongful use of the portal (including, without limitation, infringement of third party intellectual property rights or negligent or wrongful conduct) by you or any other person accessing your account.

Notice: DOLPHIN HEALTH INC. may provide notice by e-mail to the e-mail address you provided in registration, by a general notice on the Web site, or by written communication delivered by first class U. S. mail or express courier to your address on record. . You may give notice to DOLPHIN HEALTH INC. at any time via electronic mail to info@dolphinhealth.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to DOLPHIN HEALTH INC., 7400 MacArthur Blvd, Suite A, Oakland, CA 94605.

Severability: The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

Entire Agreement: This Terms of Use, together with any DOLPHIN HEALTH INC. rules or policies referred to herein, represents the complete agreement between you and DOLPHIN HEALTH INC. concerning the subject matter hereof, and it replaces all prior oral or written communications concerning such subject matter. DOLPHIN HEALTH INC. may modify this Terms of Use as set forth above.

Assignment: You may not assign, transfer or delegate this Terms of Use or any part of it without DOLPHIN HEALTH INC.'s prior written consent. DOLPHIN HEALTH INC. may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

Waiver: Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

Security: DOLPHIN HEALTH INC. reserves the right to monitor all network traffic to this website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.

I HAVE READ AND AGREE TO THE TERMS OF USE/SERVICE.