This Terms of Use 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,” and “Client.” The term “Website” refers to the Human Longevity Inc., (“HLI”) internet web address located at https://www.humanlongevity.com where our “Privacy Policy” can be found. The term “Portal” or “Client Portal” refers to https://www.portal.humanlongevity.com, which is the internet web address that provides access to portions of your electronic health records that are created, received, or maintained by HLI.  The term “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 HLI. 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 –option is to not access or continue to use the Portal. HLI reserves the right at its sole discretion to make changes to portions or all of the 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 the revised terms. You should visit this page periodically to review this Agreement.  HLI 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 nearest emergencydepartment.  You agree that under no circumstances should you attempt self-treatment based on anything you have seen or read on the Portal or the HLI Website.

Eligibility for Use

All Clients over the age of 18 that have received healthcare at HLI are eligible to use the Client Portal.  Access to the Portal is provided and remains active unless you notify us that you would like to opt-out, or, you have violated the terms and conditions resulting in termination of your access.

No Access for Minors

You understand that the portal is not available for use by persons under 18 years of age. If you are under 18 years old, please contact HLI at (858) 838-3322 during normal business hours to discuss alternative methods to send/receive information contained within your electronic health record.

Human Longevity 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 health and well-being. You understand that all communication through the Portal will be in regard to your own health care needs and treatment. You understand that asking for clinical advice on behalf of another person has the potential to cause injury or harm and is a violation of the terms and conditions which may result in termination of your access to the Portal.  HLI does not assume any liability for any health information or advice used by persons other than the user.

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.  HLI 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.  HLI 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.

Disclaimer of Warranties

The Portal is provided “AS IS” and “AS AVAILABLE.” While HLI endeavors that the Portal is accessible 24/7, HLI 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 HLI’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.  HLI 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 the clinic during regular business hours.

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 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, 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://www.portal.humanlongevity.com and clicking on the reset/create password link.

Secure Message Handling

You agree that you will not use the secure message feature to misrepresent your identity, interfere, abuse, intimidate, harass, or stalk any other user(s) of the Portal.  You understand that messages you receive may contain important information vital to your health, medical care and well-being and understand that it is your responsibility to monitor these messages. You agree not to hold HLI liable for any losses, injury or claims of any kind resulting from your failure to read electronic messages sent to you in a timely manner. Messages sent electronically between you and the HLI healthcare team are not guaranteed to take place, in real-time; therefore, no attempts should be made by you to send any communication electronically to HLI requiring immediate or prompt attention.  HLI will make every best attempt to provide you with a timely response to electronic inquiries made from the Portal.

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 Document Upload area of the Portal that are then accessed by HLI staff. This feature is intended for use by you to submit files and documents to HLI electronically in place of, or in addition to sending documents through the mail or visiting HLI in-person. HLI 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 HLI’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:

1. 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 HLI healthcare team, imposes an unreasonable or disproportionately large load on the Portal infrastructure.
2. 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.
3. Upload any materials which contains a virus, malicious code, or computer payload 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 user’s account, stealing personal information, or otherwise exploit the “System” or “Data” for personal gain.
4. 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 HLI a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, license to use, reproduce, store, transmit, or display such Submissions for any treatment, or healthcare operations purposes.  You acknowledge and agree that HLI 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.

Data Privacy and Security

You understand that HLI 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.  For a more complete explanation of how HLI “Uses” and “Discloses” your protected health information, see our Notice of Privacy Practices https://humanlongevity.com/privacy-policy/.  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.  For example, the HLI healthcare team may not be permitted to release certain information about HIV status, mental health related issuesor issues relating to drug and alcohol abuse, even if you have previously authorized their release. You understand that you may, however, use other methods to find out more information about these sensitive records, such as contacting HLI by phone, by completing a records release request, or in some cases, visiting HLI in-person.

HLI 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 your medical records and misplace or lose them, that information may no longer be private and you understand and agree to hold HLI harmless  for any information you may have lost or misplaced. You agree and understand HLI assumes no liability or responsibility for any message and/or data rate charges that may apply.

Modification or Termination of the Portal

HLI reserves the right at 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. HLI 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 California, 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 HLI 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 HLI 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 HLI 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 HLI and its providers, directors, employees, agents, workforce members, and their respective successors and assigns.  HLI 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. HLI shall not be liable to any party for such termination.