Client Portal

Data Use Agreement Terms and Conditions Agreement

BY USING THE LIFE MANAGEMENT CENTER OF NORTHWEST FLORIDA’S CLIENT PORTAL, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE LIFE MANAGEMENT CENTER OF NORTHWEST FLORIDA’S CLIENT PORTAL.

Important Notices

This Data Use Agreement(“Agreement”) is a legal agreement between you (“you”, “your” or “CLIENT”) and Life Management Center of Northwest Florida (LMC) that sets forth the terms and conditions for your use of Life Management Center of Northwest Florida CLIENT Portal (the “Portal”). Life Management Center of Northwest Florida may amend or change the Portal offerings or the terms of this Agreement any time, at the Life Management Center of Northwest Florida’s sole discretion, by posting updated terms and conditions within the Portal. By accessing and utilizing the Portal, you acknowledge and agree that: 1) you have read, are solely responsible for, and shall abide by, the terms of this Agreement, including any revisions thereto, and 2) you will not use the Portal in any way that violates the terms of this Agreement and/or is against any applicable law.

NOTE: Use of the Portal does not constitute, nor should it be considered, advice from a behavioral health care professional. The information contained in the Portal is for informational purposes only and should not be considered a substitute for Behavioral Health service records created and maintained by Life Management Center of NW FL. If you have a question regarding any Behavioral Health service, treatments or diagnoses, please consult your LMC service provider. Never disregard professional Behavioral Health service advice or delay in seeking it because of something you have read on the Portal. IN CASE OF A BEHAVIORAL HEALTH SERVICE EMERGENCY, please reach out to LMC Emergency Services at 850-522-4485 or 888 785-8750 Toll Free, or 911 or 988 (national Suicide and Crisis Line)

Your Permission to use the Life Management Center of Northwest Florida, CLIENT Portal:

Life Management Center of Northwest Florida hereby gives you permission to use the Portal, subject to the conditions and limitations set forth in these Terms. You may only access or view the personal health information contained on the Portal to the extent permissible under all applicable federal and state laws and regulations regarding all privacy of CLIENT information. The personal health information viewed through the Portal is strictly confidential and is subject to the protections of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the HITECH Act, and the privacy and security regulations promulgated pursuant to HIPAA, including, but not limited to, 45 C.F.R. Parts 160 and 164 Subparts C and E, as may be amended at any time.

You may not:

• Use, reproduce or copy part or all of the content of the Portal except as expressly permitted by the terms of this Agreement and/or applicable law
• Delete or change any proprietary notices from materials printed out from the Portal
• Use the content of the Portal for the benefit of a third party, other than the subject CLIENT, except as contemplated by these Terms
• Provide or transmit any data or other content from the Portal to a third party
• Incorporate any data or other content from the Portal in a product designed, developed, sold, marketed or licensed by you or on your behalf
• Use the Portal in a manner contrary to any applicable law

You agree that you will destroy or delete any protected health information that is misdirected to you, mistakenly received by you, and/or inappropriately disclosed to you. You agree to inform Life Management Center of Northwest Florida of such inappropriate disclosure and agree that you will not forward or otherwise further disclose the information. You further agree that you will promptly inform Life Management Center of Northwest Florida of any issues relating to the content or timeliness of information provided through the Life Management Center of Northwest Florida’s systems.

Although Life Management Center of Northwest Florida attempts to maintain the integrity and accuracy of the information on the Portal, we make no guarantees as to its correctness, completeness, or accuracy. The Portal may contain typographical errors, inaccuracies, or other errors or omissions. Life Management Center of Northwest Florida does not allow access to portal accounts for individuals under the age of 18.

Either you or Life Management Center of Northwest Florida may terminate your access to the Portal at any time, with or without cause, without any notice. Life Management Center of Northwest Florida may terminate your access to the Portal immediately if you breach any of the Terms in this Data Use Agreement. In addition, Life Management Center of Northwest Florida may immediately terminate your access to the Portal if you have not used the Portal at all for a period of twelve (12) months. You acknowledge and agree that in the event your use of the Portal is terminated, for any reason, Life Management Center of Northwest Florida is not obligated to return to you any records stored in Life Management Center of Northwest Florida’s CLIENT Portal Database.

Life Management Center of Northwest Florida is the owner or licensee of all rights in the Portal, its content, software, including templates, forms, images, graphics, icons, screens and other materials. You have no rights to such content and software except as expressly granted in these Terms. You may not modify, distribute, copy, transmit, reproduce, display, publish, license, create derivative works from, transfer or sell any information, software, products through the Portal. Life Management Center of Northwest Florida and the logos are trademarks of the Life Management Center of Northwest Florida. No right, interest or title in those trademarks is granted to you in these Terms. The posting of information on the Portal is not a waiver of any of Life Management Center of Northwest Florida’s proprietary rights, including copyrights, trademarks, patents and other intellectual property.

Release of Liability, Indemnification

You agree to be solely responsible for your use of this Portal and for creating and maintaining the confidentiality of your unique username and password. You agree that you will not provide your unique username or password to any other person. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account. You understand you are responsible for promptly changing your password if you feel it has been compromised. You agree that you will cooperate fully with any investigation that arises from Life Management Center of Northwest Florida’s monitoring of the system. The Portal provides access to general educational information; you understand and agree that such information is not to be used as a substitute for the Behavioral Health service judgment of a qualified health care professional.

In consideration for Life Management Center of Northwest Florida permitting you to use the Portal, you expressly release and hold harmless the Life Management Center of Northwest Florida, its trustees, officers, directors, employees, agents and affiliates from any and all claims, liabilities, demands, causes of action, expenses, costs, and damages of every kind and nature, in law, equity, or otherwise, arising out of or in any way related to your use of the Portal, whether arising from any acts or omissions by the Life Management Center of Northwest Florida.

In addition, you will indemnify and hold harmless the Life Management Center of Northwest Florida, its officers, directors, agents, affiliates, and employees, against all actual and direct losses, liabilities, damages, claims, costs or expenses (including reasonable attorney’s fees) they may suffer as the result of third party claims, demands, investigations, actions, settlements or judgments against them arising from or in connection with your breach of these Terms, or from any claim of any nature or any wrongful acts or omissions, by you.

The provisions of this section entitled “Release of Liability, Indemnification” shall survive termination of this agreement.

You agree that, should you elect to supply it, Life Management Center of Northwest Florida may use your name, email address, physical address, or other data to communicate with you. You may request to have this information modified or deleted from our records. Life Management Center of Northwest Florida may use this information as necessary to enforce the Terms of this Data Use Agreement.

You further agree that Life Management Center of Northwest Florida may use the information for its internal business purposes. Life Management Center of Northwest Florida will not otherwise share this information with any other party.

This Agreement is governed by Florida Law. Accordingly, these Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

Any action against Life Management Center of Northwest Florida must be commenced in the State of Florida. You agree that the courts located in or serving the State of Florida shall have exclusive jurisdiction and venue over any action arising out of or relating to these Terms or your use of the Behavioral Health service. You waive any defense that a court located in or serving Florida, lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum.

Other Miscellaneous Provisions

These Terms constitute the entire and only understanding between you and Life Management Center of Northwest Florida regarding your use of this Behavioral Health service. No modification or attempted modification of these Terms by you shall be binding on Life Management Center of Northwest Florida

unless made in writing and physically signed by an authorized officer of the Life Management Center of Northwest Florida. Life Management Center of Northwest Florida may modify these Terms at any time.

Notices sent to you by Life Management Center of Northwest Florida in connection with these Terms or your use of the Portal may be delivered to you by electronic mail, a general notice on the Portal, or by written communication delivered by first class U.S. mail.

These Terms are severable to the extent any term is deemed illegal, invalid or unenforceable. Life Management Center of Northwest Florida’s failure to enforce any provision of these Terms shall not be deemed a waiver of that or any other provision of these Terms.

You may not assign any of your rights and obligations arising under these Terms without the prior written consent of the Life Management Center of Northwest Florida; any attempted assignment not in compliance with this sentence shall be void.

Privacy Act, HIPAA, and HITECH Warning

Information contained in this system is subject to the Privacy Act of 1974, 5 USC 552a, as amended and the Health Information Technology for Economic and Clinical Health Act, 42 USC§ 17921 et seq.and 16 Del. C. Ch. 12. Personal information including but not limited to protected health information (PHI) contained in this system may be used only by authorized persons. Any individual responsible for unauthorized disclosure or misuse of personal information may be subject to fines, civil penalties and/or criminal prosecution.

Legal Disclaimer

BEHAVIORAL HEALTH SERVICES PROVIDED THROUGH AND INFORMATION CONTAINED ON THE SITE ARE PROVIDED “AS IS”. LIFE MANAGEMENT CENTER OF NORTHWEST FLORIDAMAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANT ABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. FURTHER, LIFE MANAGEMENT CENTER OF NORTHWEST FLORIDADISCLAIMS ANY WARRANTY THAT THE PORTAL WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. LIFE MANAGEMENT CENTER OF NORTHWEST FLORIDAMAKES NO WARRANTY AS TO THE RELIABILITY, TIMELINESS, ACCURACY,

USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION PROVIDED THROUGH THE PORTAL. TO BE CLEAR, IN NO EVENT SHALL LIFE MANAGEMENT CENTER OF NORTHWEST FLORIDABE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR INABILITY TO ACCESS THE PORTAL DUE TO THE FAILURE OF YOUR DEVICE, OPERATING SYSTEM OR YOUR INABILITY TO ACCESS SUFFICIENT TELECOMMUNICATIONS/INTERNET CONNECTIVITY.

All questions regarding Life Management Center of Northwest Florida, can be directed to the Privacy/Compliance Officer at 850 522-4485.