MYRIAD ONLINE PORTAL
- LEGALLY BINDING AGREEMENT. This agreement (“Agreement”) sets forth the conditions under which you and others working under you will be given access to the Myriad Online Portal. It contains important legal provisions. By clicking “I Agree” you will be entering a legally binding agreement with Myriad Genetic Laboratories, Inc. (“MYRIAD”), under which you will promise to do or not do certain things. You will also agree to specific limits on how you may use and distribute content you receive through the Myriad Online Portal. PLEASE READ CAREFULLY BEFORE CLICKING “I AGREE”.
- Purpose. Under this Agreement, you and others working under you may be given access to (a) certain information relating to patient test results for certain MYRIAD test offerings available through ResultsNowTM and/or (b) certain online ordering functionalities for MYRIAD test offerings, both collectively known as the “Myriad Online Portal”. In consideration of MYRIAD granting you and others working access to the Myriad Online Portal, you hereby agree as follows:
- Myriad Online Portal Access.3.1 Delegated access only
for live individuals involved in direct patient care. You may designate up to five (5) other individuals per account to be granted access to the Myriad Online Portal in your name and for the sole purpose of providing direct care to your patients. These individuals will be known as “Delegates”. You agree to designate as Delegates only live individuals involved in providing direct care to your patients. For clarity, you agree to not designate any company or other organization as a Delegate. You understand and agree that each time you designate a Delegate for Myriad Online Portal access, you are representing and warranting to MYRIAD (a) that the Delegate is a live individual; (b) that the Delegate is involved in providing direct health care to your patients; and (c) that the Delegate may properly receive information such as patient testing results under applicable law or regulation (e.g., HIPAA).
3.2 You are liable for actions of your Delegates. You agree that any Delegate designated by you will be your agent as to the Delegate’s access to the Myriad Online Portal and the Delegate’s use or distribution of any content received from the Myriad Online Portal. As such, you agree to accept, and indemnify MYRIAD against, all liability for any such Delegate access, use or distribution.
3.3 You are responsible for policing access under your account. Beyond requesting that you or your Delegate supply a username and password (or other authentication) before being granted access to the Myriad Online Portal, MYRIAD will not be required to make any additional efforts to verify the identity or authorization of those accessing or attempting to access the Myriad Online Portal through your account. You agree to be fully responsible for maintaining the confidentiality of your password and username, as well as those of your Delegates if different, and you agree to be fully responsible for all activities, whether yours or your Delegates’, that occur under your account or login. You agree to immediately notify MYRIAD of any unauthorized use of your password or account or any other breach of security in accessing the Myriad Online Portal. You understand and agree that MYRIAD may monitor your use and your Delegates’ use of the Myriad Online Portal, including but not limited to the volume and nature of patient test results accessed by your Delegates.
3.4 Ensuring access to the Myriad Online Portal. You agree to provide all hardware, software and internet access that is needed for you and your Delegates to access the Myriad Online Portal. Minimum web browser requirements are Internet Explorer version 8, Firefox version 3.6, the second most recent version of Google Chrome, or the second most recent version of Safari. Minimum PDF viewer requirement is AdobeTM ReaderTM version 8.
- Important Limitations on Your Use of the Myriad Online Portal.4.1 Limitations on your use of Myriad Online Portal content. You hereby covenant and agree that you will not provide or distribute any content you receive through the Myriad Online Portal, including any element of any patient result report for a MYRIAD genetic test (especially but not limited to a genetic variant’s clinical significance), to any person or party other than: i) the patient to whom the content applies or ii) a healthcare provider directly involved in the particular patient’s care. You agree to the forgoing restriction (a) regardless of the means in which such content is to be provided by you to the other person or party (e.g., verbally, in writing, electronically, etc.) and (b) regardless of whether a patient’s protected health information is excluded from the information provided to the other party.
4.2 Paper test results.
You acknowledge that by registering with the Myriad Online Portal, you will
receive the following:
- Online and paper results for myRisk®. Paper results will be sent via USPS.
- Online results only for all other Myriad test offerings.
Patient results will be available for viewing, download or printing for a period of three hundred sixty five (365) days from initial posting on ResultsNowTM, after which time test results may be removed from ResultsNowTM. You may request fax copies of tests results on a case-by-case basis by
4.3 Confidentiality. The Myriad Online Portal and associated content and software are and shall remain confidential and proprietary trade secrets of MYRIAD. You agree to not disclose, distribute, assign or compromise these in any manner during the term of this Agreement or at any time thereafter.
- Compliance with laws and regulations. You agree to comply, and ensure your Delegates’ compliance, with all required and applicable local, state and federal laws governing the privacy and security of patient medical records. You agree and acknowledge that any and all testing results accessed via ResultsNowTM are accessed through software applications neither created nor controlled by MYRIAD, including but not limited to applications such as Adobe Reader, Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, or Apple Safari. These applications may grant you functionality not approved by applicable laws and regulations (e.g., HIPAA), including but not limited to emailing patient results and information to third parties. You agree and acknowledge that you are responsible for your own compliance and that of your Delegates with all laws and regulations applicable to the handling of medical records (e.g., HIPAA) once test results have been viewed or downloaded through ResultsNowTM. MYRIAD will take reasonable steps to protect the confidentiality of your account information; however MYRIAD makes no warranty, guarantee, or representation of such confidentiality or that use of the Myriad Online Portal is protected from viruses, security threats or other vulnerabilities.
- Updates to Myriad Online Portal and to this agreement. MYRIAD may update or revise the Myriad Online Portal at any time and may require password changes on a routine basis or as it otherwise determines necessary. MYRIAD may also disable your access to the Myriad Online Portal for accounts in which no activity has been logged for a period of 180 days or more. Without limiting any rights which MYRIAD may otherwise have, MYRIAD reserves the right to take any and all action, as it deems necessary or reasonable, to protect the security of the Myriad Online Portal and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, MYRIAD may rely on the authority of anyone accessing your account or using your password, whether to view patient results in ResultsNowTM or to order testing, and in no event and under no circumstances shall MYRIAD be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of MYRIAD under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time without the express permission of, and under the direction of, the account holder.
- Indemnification. You agree to defend, indemnify, and hold MYRIAD harmless from any claims or liabilities that might arise as a result of (a) access or use of the Myriad Online Portal, or any Myriad Online Portal content, by you or any of your Delegates or (b) breach of this agreement, including any representation or warranty, by you or any of your Delegates.
- Term of this Agreement. This Agreement and your account shall be effective as of the date and time you click “I Agree” and shall continue until terminated by either you or MYRIAD according to this Section 8.
8.1 MYRIAD reserves the right to terminate this Agreement and to revoke, disable and/or limit access to the Myriad Online Portal for you or any of your Delegates at any time, with or without cause.
8.2 You may terminate this Agreement or your account at any time by providing written notice to MYRIAD.
8.3 Upon termination or expiration of this Agreement or your account, unless you indicate otherwise in writing, MYRIAD will promptly begin providing patient test results in written form and will no longer provide you or your Delegates access to ResultsNowTM or any other portion or content of the Myriad Online Portal.
8.4 Termination or expiration of this Agreement or your account shall not affect any rights or obligations which have accrued prior to such termination or expiration.
- Disputes. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Utah without regard to its conflict of law rules. Venue for any disputes arising under this Agreement shall be in any state or federal court in and for Salt Lake County, Utah.