The Lactation Network Portal Terms of Use for Patients

Version 1.0

Effective Date: June 5th 2024

Last Updated Date: June 5th, 2024

PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE AND RELATED SERVICES WILL INDICATE YOUR UNDERSTANDING OF THIS INFORMATION, YOUR AGREEMENT THAT YOU WILL FOLLOW ALL INSTRUCTIONS GIVEN, AND YOUR ACCEPTANCE OF THE RISKS AND TERMS OUTLINED BELOW. IF YOU DO NOT AGREE TO THESE TERMS PLEASE EXIT THIS SITE.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Welcome to the Lactation Network health information exchange web portal (the “Portal”), which is owned and operated by the Lactation Network, LLC (the “Lactation Network”, “TLN,” “we”, or “us”). These Terms of Use (the “Terms”) set forth the legally binding terms and conditions for your use of the Portal and any services provided through the Portal as set forth below (each a “Service” and collectively, the “Services”). PLEASE READ THESE TERMS CAREFULLY. BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BY ACCESSING OR USING THE PORTAL, YOU REPRESENT THAT (1) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE LACTATION NETWORK, AND (2) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY. THE TERM “YOU” REFERS TO THE SUBSCRIBER AS THE USER WHEN YOU REGISTERED ON THE PORTAL. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS PORTAL OR THE SERVICES.

The Portal is a secure internet and mobile communications and information service, which TLN is offering for the convenience of our patients at no cost. The Portal includes online access to portions of clinical and financial records of patients as those records exist in TLN’s patient care systems, as well as online communication functions to facilitate your interactions with TLN. TLN reserves the right to deny, suspend, or revoke access to the Portal at any time, for any reason.

Portal Enrollment Eligibility:

You are eligible for enrollment in the portal if you meet all of the following eligibility criteria:

  1. you are a registered patient with TLN or the proxy for a registered patient of TLN; and
  2. you are 18 years or older or have had the disabilities of minority legally removed; and
  3. you maintain full compliance with your obligations under this Agreement and successor Agreements; and
  4. you meet other eligibility criteria that TLN may develop at its sole and reasonable discretion.

Proxy Access:

Proxy Access allows you access to the account of someone other than yourself. You may request Proxy Access if you are:

  1. the parent or legal guardian of a minor child under the age of 18, or
  2. a legally appointed guardian or healthcare decision maker for a patient over the age of 18.

TLN reserves the right to collect, examine or make copies of any information it considers necessary to determine whether legitimate proxy rights exist and to deny eligibility if this information is lacking. TLN reserves the sole right to determine whether proxy eligibility exists and to whom it will grant Proxy Access rights.

When the patient reaches the age of 18 or obtains a court order removing the disabilities of minority, all Proxy Access will be discontinued and/or denied. At that point, the patient is an adult and may request access to his/her own Portal account.

There are certain types of medical information that a parent or legal guardian of a minor may be restricted from viewing under various State and Federal laws, and Proxy Access to this medical information may be denied.

Privacy:

Our patients’ privacy is very important to us. TLN uses its patient’s confidential medical information in order to provide healthcare services. Please refer to TLN’s Notice of Privacy Practices for detailed information about TLN’s use or disclosure of protected health information to provide medical treatment, to collect payment for services provided, and to facilitate TLN’s healthcare operations. TLN’s Notice of Privacy Practices can be found here. All messages within the portal that contain medical information are subject to State and Federal laws governing the security and confidentiality of medical records.

User Responsibilities:

By using the Portal, you understand that all health and health-related information contained within this Web site and/or in the mobile application is general in nature and is not a substitute for a visit with a health care professional. The information provided through this Web site and/or mobile application is not, in any way, a substitute for professional medical advice. You should consult a healthcare professional regarding the medical conditions, treatment and needs of you and your family.

Emergency Care: The Portal is not designed to be used in an emergency. If you or the person for whom you are a Proxy experiences a medical problem and you are uncertain of its severity, you should call your personal physician, go to the nearest hospital emergency room, or call 9-1-1 for assistance.

Access to Information: You may only use the Portal

  1. to access personal health care information that you are legally entitled either as a patient or approved Proxy for another patient, or
  2. to engage in communications with TLN’s staff that are consistent with this access and the patient’s healthcare needs.

If you have Proxy Access and your legal right to obtain Proxy Access for the patient changes, you must notify TLN immediately of that change and must not access that account at any time after your legal Proxy Access rights to that Patient’s personal or health information have expired or been terminated. Any attempt to access information you are not entitled to receive is a breach of these Terms & Conditions, and TLN reserves the right to revoke or suspend your access to the Portal and to take any appropriate legal action.

Information Accuracy: You are responsible for ensuring that all information that you provide during sign up and continued use of the Portal is accurate and true at the time you provide the information. Any deliberate falsification of information that you provide is a breach of this these Terms & Conditions, and TLN reserves the right to revoke or suspend your access to the Portal and to take any appropriate legal action.

Username and Password Protection: Your username and password provide access to your personal records or the records of the patient for whom you are a Proxy. You should not share this information with anyone else. Furthermore, if you believe or learn that this information has been or may have been obtained by anyone other than you, you should promptly notify TLN at [email protected] so that your access information may be changed.

Acceptance of Changes to Terms & Conditions: TLN reserves the right to make changes to these Terms & Conditions at any time and for any reason.

System Unavailability: The Portal may become unavailable from time to time. Alternate means for communicating with TLN and/or your lactation consultant and obtaining access to personal and health information includes communication by phone or mail

Ownership of Technology

Technology. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Portal, including the Portal (“Our Technology”) are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Portal, according to these Terms. Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Portal constitute trademarks, tradenames, service marks or logos (“Marks”) of the Lactation Network or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Portal will be governed by such third parties’ licenses and not by these Terms.

Arbitration Any dispute, controversy or claim arising out of or related in any way to these Terms, your access or use of the Portal, the Services, or to any aspect of your relationship with the Lactation Network, except as expressly provided below, and which cannot amicably be resolved by the parties, shall be solely and finally settled by final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Mediation Procedures (the “Rules”). The arbitration shall take place in Cook County, Illinois before a single arbitrator selected by the parties. The arbitrator shall have no authority to conduct a class or collective arbitration without the express written consent of both parties, and each party hereby waives any right each may have to be a member of any class or collective proceeding against the other. This provision and its enforceability shall be governed by the Federal Arbitration Act. Each party shall bear its own costs relating to the arbitration proceedings irrespective of the outcome. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The foregoing notwithstanding, claims brought to enforce the terms and conditions of the Restrictive Covenants set forth in Section 6 of the Base Agreement, the obligations, restrictions, limitations, or any claim to protect a party’s trade secrets, confidential or proprietary information, trademarks, copyrights, patents, or other intellectual property are expressly exempted from this arbitration provision and may be brought before a court of competent jurisdiction in Cook County, Illinois. Nothing in this provision shall prohibit a party from filing administrative claims with any government agency where, as a matter of law, the ability to file such claims cannot be restricted; however, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. This dispute resolution provision shall survive any termination or expiration of these Terms. If any portion of this dispute resolution provision is determined to be void or unenforceable, it shall be modified to the extent necessary, consistent with its fundamental purpose and intent, in order to make it enforceable, and the remaining portions of this provision shall continue in full force and effect. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OR USE OF THE PORTAL MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. This Section shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms or any prior version of these Terms.

Waiver of Jury Trial.  YOU AND THE LACTATION NETWORK HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Lactation Network are instead electing that all claims and disputes shall be resolved by arbitration, except as specified in Section 10.1 above. 

Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, (a) representative action for public injunctive relief may be arbitrated on a class basis and (b) in the event that the foregoing sentence is deemed invalid or unenforceable with respect to a particular class or dispute for recovery of damages, neither you nor we are entitled to arbitration, and instead claims and disputes shall be resolved in a court as set forth in the Section entitled Arbitration.

User Acknowledgement and Agreement

I UNDERSTAND THAT TLN TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR MY INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT I USE TO ACCESS THE PORTAL.

I acknowledge that I have read and fully understand the information provided in this form. I understand the risks associated with using electronic systems to contact and receive information from TLN. I agree to the terms listed above, in addition to the terms and conditions of the TLN Notice of Privacy Practices. In addition, I agree to the instructions outlined here, as well as any other instructions or that any TLN representative may create pertaining to electronic communications between TLN, a lactation consultant and their respective patients or their proxies. I understand that TLN may discontinue this service at any time. Any questions I may have had have been answered.