Terms of Use

PLEASE READ THESE TERMS OF USE CARE­FUL­LY BEFORE ACCESS­ING THIS WEB­SITE, DULY MYCHART AND/OR THE MOBILE APP. These Terms of Use will gov­ern your access and use of this Web­site, Duly MyChart (“MyChart”) and/​or Mobile App (col­lec­tive­ly referred to as the ​“Site”) and the ser­vices pro­vid­ed on the web­site (the ​“Ser­vices”). The Site is oper­at­ed by Mid­west Physi­cian Admin­is­tra­tive Ser­vices, LLC DBA Duly Health and Care (“Duly”). These Terms of Use con­sti­tute a legal agree­ment between you (the indi­vid­ual using the Site or ​“you”) and Duly regard­ing your use of the Site.

By brows­ing, down­load­ing, or oth­er­wise access­ing and using the Site, you rep­re­sent that you have read, under­stand, and agree to be bound by these Terms of Use whether you have read them or not, and each as updat­ed from time to time. If you do not agree to these Terms of Use, do not access, or use this Site. Please print a copy of these Terms of Use for your records. Your access to and use of the Site is sub­ject to your con­tin­ued com­pli­ance with these Terms of Use and all applic­a­ble laws. 

Note that these Terms of Use con­tain a manda­to­ry arbi­tra­tion pro­vi­sion that requires the use of arbi­tra­tion on an indi­vid­ual basis and lim­its the reme­dies avail­able to you in the event of cer­tain dis­putes relat­ing to the oper­a­tion or use of the Site. How­ev­er, these Terms of Use (includ­ing the arbi­tra­tion and class action waiv­er pro­vi­sion) do not apply to dis­putes aris­ing out of health care you receive as a Duly patient, even if that dis­pute involves Ser­vices hereunder.

Duly may mod­i­fy these Terms of Use at any time and with­out notice to you. 

MED­ICAL DIS­CLAIMER. In case of a med­ical emer­gency, please call 911, the Site is not designed to facil­i­tate med­ical emergencies. 

PUR­POSE. The infor­ma­tion con­tained in the Site is pro­vid­ed as a pub­lic ser­vice by Duly. It is post­ed for infor­ma­tion­al and edu­ca­tion­al pur­pos­es only. No infor­ma­tion on the Site should be used as per­son­al med­ical advice, diag­no­sis, or treat­ment. Because each per­son­’s health needs are dif­fer­ent, a health care provider should be con­sult­ed before act­ing on any infor­ma­tion pro­vid­ed in the Site. Although every effort is made to ensure that this mate­r­i­al is accu­rate and up to date, it is pro­vid­ed for the con­ve­nience of the user and should not be con­sid­ered defin­i­tive, nor should any con­tent be con­strued as pro­vi­sion of nurs­ing or pro­fes­sion­al health care advice. To sched­ule an appoint­ment with a Duly Provider, please call 1 – 888-Duly­Now.

PRO­HIB­IT­ED ACTIV­I­TIES. You may not trans­mit any infor­ma­tion or mes­sage that con­tains unlaw­ful, threat­en­ing, fraud­u­lent, libelous, defam­a­to­ry, obscene, or abu­sive infor­ma­tion or lan­guage. The Site may not be used for any ille­gal or uneth­i­cal activ­i­ties. You may not trans­mit spam, copy­right­ed mate­ri­als, or oth­er con­fi­den­tial infor­ma­tion. Hack­ing, attempt­ed access or oth­er forms of inap­pro­pri­ate use or access or attempt­ed access to unau­tho­rized areas or infor­ma­tion on the Site will lead to ter­mi­na­tion of use and poten­tial legal pros­e­cu­tion.

CODE OF CON­DUCT. Duly invites com­ments on the Site because it believes that open con­ver­sa­tion must occur to shape the future of med­i­cine and improve peo­ples’ lives. Duly encour­ages open, hon­est, and authen­tic con­ver­sa­tion. Please use your real name and email address. Duly does not typ­i­cal­ly share indi­vid­ual user infor­ma­tion with third par­ties; how­ev­er, it will dis­close user infor­ma­tion as required by law or in cir­cum­stances where Duly believes the com­ments indi­cate a sit­u­a­tion that could be ille­gal, harm­ful, or dan­ger­ous to peo­ple or prop­er­ty. In addi­tion, with­out lim­i­ta­tion, you will not direct­ly or indi­rect­ly, do any of the fol­low­ing while using or access­ing the Site: (i) engage in any harass­ing, threat­en­ing, or intim­i­dat­ing, preda­to­ry, or stalk­ing con­duct; (ii) use or attempt to use anoth­er user’s account with­out autho­riza­tion from that user and Duly; (iii) copy, repro­duce, sell, rent, lease, dis­trib­ute, trans­fer, mod­i­fy, or make deriv­a­tive works from the Ser­vices; (iv) remove, alter or tam­per with any copy­right, trade­mark or oth­er pro­pri­etary rights or legal notices con­tained on the Site; (v) decom­pile, dis­as­sem­ble, reverse engi­neer, or oth­er­wise attempt to dis­cov­er or derive any pro­pri­etary soft­ware code or infor­ma­tion asso­ci­at­ed with the Ser­vices; (vi) use the Ser­vices in any man­ner that could inter­fere in any way with the oper­a­tion of the Ser­vices or any serv­er, net­work or sys­tem asso­ci­at­ed with the Ser­vices, includ­ing by: hack­ing, mail-bomb­ing, flood­ing, over­load­ing, or mak­ing ​“denial of ser­vice” attacks, prob­ing, scan­ning or test­ing the vul­ner­a­bil­i­ty of the Ser­vices or any serv­er, net­work or sys­tem asso­ci­at­ed with the Ser­vices, breach­ing or cir­cum­vent­ing fire­wall, encryp­tion, secu­ri­ty or authen­ti­ca­tion rou­tines, access­ing data not intend­ed for you, or access­ing another’s account that you are not express­ly autho­rized to access; (vii) use any auto­mat­ed pro­gram, tool or process (includ­ing web crawlers, robots, bots, spi­ders, and auto­mat­ed scripts) to access the Ser­vices or any serv­er, net­work or sys­tem asso­ci­at­ed with the Ser­vices, or to extract, col­lect, har­vest or gath­er infor­ma­tion from the Ser­vices; (viii) frame or oth­er­wise cre­ate a brows­er or bor­der envi­ron­ment around any page or con­tent of the Ser­vices, or deep-link to any inter­nal page or area of the Ser­vices; (ix) make any oth­er use of the Ser­vices or Site that vio­lates these Terms of use or any applic­a­ble law.

USE OF DATA. Duly uses cook­ies (and sim­i­lar tech­nolo­gies) on the Site to facil­i­tate and improve your dig­i­tal expe­ri­ence. Cook­ies are small pieces of infor­ma­tion that are stored to your device when you vis­it Duly’s Site. Data col­lect­ed dur­ing use of the mobile appli­ca­tion is stored with­in the appli­ca­tion. The data col­lect­ed either through cook­ies and/​or the mobile appli­ca­tion includes but is not lim­it­ed to log­ging infor­ma­tion regard­ing the char­ac­ter­is­tics or usage of your device, sys­tem and appli­ca­tion soft­ware, user loca­tion data, your pref­er­ences and search queries. Col­lect­ing this data also enables us to bet­ter sup­port the prod­uct and opti­mize per­son­al­ized con­tent, Cook­ies may also be used to make adver­tis­ing mes­sages more rel­e­vant to you. Please note that by block­ing or delet­ing cook­ies used on the Site, you may not be able to take full advan­tage of the Site. Duly’s use of data is sub­ject to the Duly Dig­i­tal Pri­va­cy Pol­i­cy.

USING AND SHAR­ING YOUR INFOR­MA­TION. The Site may col­lect phone num­bers, email address­es and postal mail address­es so that Duly can sup­ply request­ed and rel­e­vant infor­ma­tion back to you. Duly’s use of your infor­ma­tion is sub­ject to Duly’s Dig­i­tal Pri­va­cy Pol­i­cy. Duly respects your pri­va­cy. By access­ing or using the Site you acknowl­edge that your infor­ma­tion, includ­ing per­son­al­ly iden­ti­fi­able infor­ma­tion, will be processed in accor­dance with Duly’s Dig­i­tal Pri­va­cy Pol­i­cy.

CHIL­DREN. The Site is only for use by indi­vid­u­als 13 years of age or old­er. Duly does not know­ing­ly or inten­tion­al­ly col­lect per­son­al infor­ma­tion from chil­dren under age 12. By using the Site and agree­ing to these Terms of Use, you war­rant and rep­re­sent that you are at least 13 years of age.

CON­SENT TO ELEC­TRON­IC COM­MU­NI­CA­TION. You con­sent to receive com­mu­ni­ca­tions from Duly, whether required by law or oth­er­wise, either by e‑mail if you have pro­vid­ed Duly with your e‑mail address, or by notice post­ed on the Site as deter­mined by Duly in its sole dis­cre­tion. You agree that any require­ment that a notice, dis­clo­sure, agree­ment, or oth­er com­mu­ni­ca­tion be sent to you by us in writ­ing is sat­is­fied by such elec­tron­ic com­mu­ni­ca­tion. Duly is not respon­si­ble for any auto­mat­ic fil­ter­ing you or your net­work provider may apply to com­mu­ni­ca­tions Duly sends to an e‑mail address that you pro­vide to Duly. You may opt-out of any elec­tron­ic com­mu­ni­ca­tion received from Duly by fol­low­ing the ​“Unsub­scribe” but­ton in the elec­tron­ic com­mu­ni­ca­tion.

MOBILE MES­SAG­ING TERMS. When you pro­vide us with your mobile tele­phone num­ber, you agree that Duly may send you text mes­sages (includ­ing SMS and MMS) to that mobile tele­phone num­ber. Duly may send you up to five text mes­sages per month. When you first pro­vide your mobile tele­phone num­ber to us, you will receive a con­fir­ma­tion text mes­sage and you may need to reply as instruct­ed to com­plete reg­is­tra­tion. Duly will nev­er charge you for the test mes­sages you receive, how­ev­er you may see mes­sage and data rate charges from your mobile provider, though, so be sure to check your plan. You are respon­si­ble for the pay­ment to your mobile provider of any mes­sage, data and oth­er charges relat­ed to text mes­sages, includ­ing for con­fir­ma­tion texts you receive and your respons­es there­to.

You may opt-out of receiv­ing any future text mes­sages from Duly at any time by either reply­ing to a text mes­sage with the key­word ​“STOP” or tex­ting the key­word ​“STOP” to 67497. If you opt-out you agree to receive a final text mes­sage con­firm­ing your opt-out. When you opt-out of text mes­sag­ing, you will no longer receive any texts mes­sages unless you re-sub­scribe. In addi­tion, for assis­tance, you may reply to any text mes­sage with the key­word ​“Help” or at any time send a text mes­sage with the key­word HELP to 67497. Texts may be sent through an auto­mat­ic tele­phone dial­ing sys­tem. Con­sent to receive mobile mes­sages is not required as a con­di­tion to using the Site. You agree to noti­fy us of any changes to your mobile tele­phone num­ber by noti­fy­ing us at 1 – 855-2MY­CHART or updat­ing your infor­ma­tion with your Provider. Your car­ri­er may pro­hib­it or restrict cer­tain mobile fea­tures and cer­tain mobile fea­tures may be incom­pat­i­ble with your car­ri­er or mobile device. Con­tact your car­ri­er with ques­tions regard­ing these issues.

THIRD PAR­TY LINKS AND THIRD-PAR­TY SER­VICES. The Site may offer links to relat­ed web sites not man­aged, owned, or oper­at­ed by Duly (“Third Par­ty Links”). These Third-Par­ty Links are for infor­ma­tion­al pur­pos­es only. Duly does not endorse and has not ver­i­fied the accu­ra­cy of the infor­ma­tion in/​on these Third-Par­ty Links, and you should not rely on any of the infor­ma­tion found on the Third-Par­ty Links s for pur­pos­es of treat­ment or diag­no­sis. Duly express­ly dis­claims respon­si­bil­i­ty and lia­bil­i­ty for, Third Par­ty Links includ­ing with respect to the con­tent, prod­ucts and ser­vices pro­vid­ed by the Third-Par­ty Links. Any inter­ac­tions you have with the Third-Par­ty Links are between you and the oper­a­tor or own­er of such Third-Par­ty Links.

You may choose to use oth­er ser­vices pro­vid­ed by third par­ties in con­junc­tion with your use of the Site (“Third Par­ty Ser­vices”). Such ser­vices may include, but are not lim­it­ed to, trans­la­tion ser­vices, loca­tion ser­vices, and oth­er third-par­ty offer­ings. Any links to such ser­vices are pro­vid­ed for your con­ve­nience only. Duly does not have con­trol over the con­tents of Third-Par­ty Ser­vices, and Duly does not accept any respon­si­bil­i­ty for them or for any loss or dam­age that may arise from your use of them. Such Third-Par­ty Ser­vices may require you to sub­mit your infor­ma­tion to a third par­ty, which may result in a copy of your infor­ma­tion being used and/​or stored by a third par­ty. If you decide to access any such ser­vices in con­junc­tion with your use of the Site, you do so entire­ly at your own risk and sub­ject to the terms and con­di­tions of use for such Third-Par­ty Ser­vices.

COPY­RIGHTS AND TRADE­MARKS. The Duly name, logo, and all relat­ed iden­ti­fy­ing trade­marks and/​or ser­vice marks dis­played on the Site are pro­tect­ed by U.S. copy­right laws and use of such names, logos and iden­ti­fy­ing trade­marks and ser­vice marks are strict­ly pro­hib­it­ed. All rights reserved. This mate­r­i­al may not be repro­duced, dis­played, mod­i­fied or dis­trib­uted with­out the express pri­or writ­ten per­mis­sion of the copy­right hold­er.

DIS­CLAIMER. The SITE AND ALL CON­TENT OF THE SITE ARE PRO­VID­ED TO YOU ​“AS IS” AND ​“AS AVAIL­ABLE” AND WITH­OUT WAR­RANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUD­ING BUT NOT LIM­IT­ED TO, THOSE OF MER­CHANTABIL­I­TY, FIT­NESS FOR A PAR­TIC­U­LAR PUR­POSE, TITLE, OR NON­IN­FRINGE­MENT. WITH RESPECT TO THE SER­VICES AND THE SITE; WITH­OUT LIM­IT­ING THE GEN­ER­ATL­I­TY OF THE FORE­GO­ING, DULY DOES NOT WAR­RANT THAT THE SER­VICES AND SITE WILL BE UNIN­TER­RUPT­ED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE COR­RECT­ED; OR THAT THE SER­VICES AND SITE WILL BE SECURE AND FREE OF VIRUS­ES OR OTH­ER HARM­FUL COM­PO­NENTS; OR THAT ANY INFOR­MA­TION PRO­VID­ED ON THE SITE WILL BE CUR­RENT OR ACCU­RATE; OR THAT A PRTIC­U­LAR PROD­UCT, SER­VICE, OR PROVIDER YOU SEE ON THE SITE WILL BE AVAIL­ABLE TO YOU; AND YOU HAVE NOT RELIED ON ANY SUCH WAR­RAN­TY OF ANY KIND. Some juris­dic­tions do not allow the dis­claimer of implied war­ranties. In such juris­dic­tions, the fore­go­ing dis­claimer may not apply to you. But, to the extent per­mit­ted by law, Duly excludes all war­ranties.

LIM­I­TA­TION OF LIA­BIL­I­TY. Your use of the Site is at your own risk. In no event shall Duly or any of its affil­i­ates or any of its or their respec­tive offi­cers, direc­tors, employ­ees, agents, rep­re­sen­ta­tives, advi­sors, and con­sul­tants (col­lec­tive­ly ​“Duly Par­ties”) be liable to you (whether under con­tract, tort, neg­li­gence, strict lia­bil­i­ty, war­ran­ty or any oth­er legal or equi­table the­o­ry) for any direct, indi­rect, inci­den­tal, con­se­quen­tial, spe­cial, exem­plary, spec­u­la­tive, puni­tive or oth­er mon­e­tary dam­ages, fees, fines and penal­ties, or lia­bil­i­ties (includ­ing with­out lim­i­ta­tion, loss of use, data or infor­ma­tion of any kind) in any way aris­ing from or relat­ed to the oper­a­tion, or your use of the Site, the Ser­vices, or your use of mate­ri­als post­ed on the Site.

To the fullest extent per­mit­ted by applic­a­ble law, you under­stand and agree that the Duly’s max­i­mum aggre­gate lia­bil­i­ty for any type of dam­ages in any way aris­ing out of or relat­ed to the oper­a­tion, or your use, of the Ser­vices or the Site shall be lim­it­ed to (i) the total fees paid by you to access or use the Ser­vices dur­ing the three (3) months pre­ced­ing the event giv­ing rise to the lia­bil­i­ty or (ii) if not fees are payable by you for such peri­od, one hun­dred U.S. dol­lars.

You fur­ther agree that the lim­i­ta­tions of lia­bil­i­ty set forth above will sur­vive any ter­mi­na­tion or expi­ra­tion of these Terms of Use and will apply even if any lim­it­ed rem­e­dy spec­i­fied here­in is found to have failed its essen­tial pur­pose. Applic­a­ble law may not allow the lim­i­ta­tion or exclu­sion of lia­bil­i­ty or cer­tain mea­sures of dam­ages. Accord­ing­ly, the exclu­sions and lim­i­ta­tions set forth above may not apply in their entire­ty to you. You agree, how­ev­er, that the Duly Par­ties’ lia­bil­i­ty, and recov­er­able dam­ages, will be lim­it­ed to the max­i­mum extent per­mit­ted by law.

You acknowl­edge and agree that the above lim­i­ta­tions of lia­bil­i­ty, togeth­er with the oth­er pro­vi­sions in these Terms of Use that lim­it lia­bil­i­ty, are essen­tial terms and that Duly would not be will­ing to grant you the rights set forth in these Terms of Use but for your agree­ment to the above lim­i­ta­tions of lia­bil­i­ty.

RELEASE FOR USE OF THE SITE. To the fullest extent per­mit­ted by applic­a­ble law, you release Duly and the oth­er Duly Par­ties from respon­si­bil­i­ty, lia­bil­i­ty, claims, demands, and/​or dam­ages of every kind and nature, in any way aris­ing out of or relat­ed to the oper­a­tion, or your use, of the Site that in any way arise out of or relat­ed to the acts or omis­sions of third par­ties (“Third Par­ty Dis­putes”). If you are a Cal­i­for­nia res­i­dent, you here­by waive any rights you may have aris­ing out of these Terms of Use under Cal­i­for­nia Civ­il Code Sec­tion 1542, which says ​“A gen­er­al release does not extend to claims which the cred­i­tor or releas­ing par­ty does not know or sus­pect to exist in his or her favor at the time of exe­cut­ing the release and that, if known by him or her would have mate­ri­al­ly affect­ed his or her set­tle­ment with the debtor or released par­ty.” You also waive any rights you may have with respect to Third Par­ty Dis­putes under any oth­er statute or com­mon law prin­ci­ples that would oth­er­wise lim­it the cov­er­age of this release to include only those claims which you may know or sus­pect to exist in your favor at the time of agree­ing to this release.

INDEM­NI­TY. By using the Site, you agree to indem­ni­fy, defend, and hold Duly, Duly Par­ties, and all their trustees, offi­cers, employ­ees, agents, pre­de­ces­sors, suc­ces­sors, assigns, attor­neys and rep­re­sen­ta­tives, harm­less from any loss, lia­bil­i­ty, claim or demand, includ­ing rea­son­able attorney’s fees, due to or aris­ing out of your use and/​or breach of these Terms of Use, and your vio­la­tion of any third par­ty right, includ­ing any intel­lec­tu­al prop­er­ty right, pub­lic­i­ty, con­fi­den­tial­i­ty, prop­er­ty or pri­va­cy right. Duly reserves the right, at its own expense, to assume the exclu­sive defense and con­trol of any mat­ter oth­er­wise sub­ject to indem­ni­fi­ca­tion by you, in which even you will coop­er­ate with Duly in assert­ing any avail­able defens­es.

DIS­PUTE RES­O­LU­TION. Please read the fol­low­ing sec­tions care­ful­ly because they require you to arbi­trate cer­tain dis­putes, claims, suits, actions, caus­es of actions, demands or pro­ceed­ings against any Duly Par­ties that in any way arise out of or relate to the oper­a­tion, or your use of the Site (except for dis­putes that arise from the pro­vi­sion of health care ser­vices) (“Dis­putes”) and lim­it the man­ner in which you can seek relief from Duly Par­ties in such Dis­putes. For the avoid­ance of doubt, ​“Dis­putes” under this sec­tion does not include dis­putes, claims, suits, actions, caus­es of action, demands or pro­ceed­ings that arise out of the actu­al pro­vi­sion of health care by a Provider, even if the Dis­pute involves Services. 

• (a) Waiv­er of Right to Pur­sue Class Actions Claims. You and Duly agree that each may bring claims or oth­er­wise resolve Dis­putes against the oth­er par­ty only on an indi­vid­ual basis, and waive any right to pur­sue any claims as a plain­tiff of class mem­ber in any pur­port­ed class or rep­re­sen­ta­tive action or pro­ceed­ing. Fur­ther, you and Duly agree that a Dis­pute will not be brought as a class or oth­er type of rep­re­sen­ta­tive action, whether with­in or out­side of arbi­tra­tion, or on behalf of you or any oth­er indi­vid­ual or group of individuals.

• (b) Lim­i­ta­tion on Time to Bring an Action. You and Duly agree that regard­less of any statute or law to the con­trary, any Dis­pute must be filed with­in one (1) year after such claim or cause of action arose, and that there­after such claim or cause of action will be for­ev­er barred.

• (c ) Agree­ment to Arbi­trate Claims; Waiv­er of Jury Tri­al. By agree­ing to these Terms of Use, both you and Duly are waiv­ing the right to a jury tri­al on cer­tain Dis­putes that may arise.

Except for Dis­putes (i) aris­ing out of or relat­ed to a vio­la­tion of Appro­pri­ate Use of the Ser­vices (“Appro­pri­ate Use Dis­pute”); (ii) in which either par­ty seeks to bring an indi­vid­ual action in small claims court and that qual­i­fies to be filed in small claims court (“Small Claims Dis­pute”); or (iii) in which either par­ty seeks injunc­tive or oth­er equi­table relief for the alleged unlaw­ful use of intel­lec­tu­al prop­er­ty, includ­ing copy­rights, trade­marks, trade names, logos, trade secrets or patents (“IP Injunc­tive Dis­pute”) you and Duly agree to arbi­trate all Dis­putes between you and Duly. If a Dis­pute aris­es between you and Duly relat­ing to the Site or these Terms of Use, you and Duly agree that the Dis­pute shall be resolved by final and bind­ing arbi­tra­tion admin­is­tered by JAMS (https://​jam​sadr​.com/) in accor­dance with this Agree­ment and the JAMS Stream­lined Arbi­tra­tion Rules and Pro­ce­dures (the ​“JAMS Stream­lined Arbi­tra­tion Rules”) in effect on the date the arbi­tra­tion is filed and will be gov­erned by the JAMS Pol­i­cy on Con­sumer Arbi­tra­tions Pur­suant to Pre-Dis­pute Claus­es Min­i­mum Stan­dards of Pro­ce­dur­al Fair­ness (the ​“JAMS Min­i­mum Con­sumer Stan­dards”). The arbi­tra­tion will be com­menced as an indi­vid­ual arbi­tra­tion and will in no event be com­menced as a class arbi­tra­tion. This Agree­ment gov­erns in the event it con­flicts with the applic­a­ble arbi­tra­tion rules. Under no cir­cum­stances will class action pro­ce­dures or rules apply to the arbi­tra­tion.

You and Duly agree that each par­ty will noti­fy the oth­er par­ty in writ­ing of any arbi­tra­ble or Small Claims Dis­pute with­in thir­ty (30) days of the date it aris­es, so that the par­ties can attempt in good High­land Park­way, Suite 800, Down­ers Grove, IL 60515. Your notice must include (a) your name, postal address, tele­phone num­ber, the email address you use or used for your MyChart account and, if dif­fer­ent, an email address in which you can be con­tact­ed, (b) a descrip­tion in rea­son­able detail of the nature or basis of the Dis­pute, and © the spe­cif­ic relief that you are seek­ing. Duly’s notice to you will be sent to the email address on file for you with a copy by cer­ti­fied or reg­is­tered mail to the address on fil for you and will include (x) Duly’s name, postal address, tele­phone num­ber and an email address at which Duly can be con­tract­ed with respect to the Dis­pute, (y) a descrip­tion in rea­son­able detail of the nature or basis of the Dis­pute, and (z) the spe­cif­ic relief that Duly is seek­ing. If you and Duly can­not agree how to resolve the Dis­pute with­in thir­ty (30) days after the date notice is received by the receiv­ing par­ty, then either you or Duly may, as appro­pri­ate and in accor­dance with this sec­tion, com­mence an arbi­tra­tion pro­ceed­ing or, sole­ly in the case of an Appro­pri­ate Use Dis­pute, Small Claims Dis­pute or IP Injunc­tive Dis­pute, file such action in court.

You and Duly agree to the fol­low­ing rules relat­ing to any arbi­tra­tion pro­ceed­ing:

The venue for all Dis­putes aris­ing under these Terms of Use (includ­ing both arbi­trat­ed Dis­putes and court action in any Appro­pri­ate Use Dis­pute, Small Claims Dis­pute, or IP Injunc­tive Dis­pute) shall be in DuPage Coun­ty, Illi­nois, but you and Duly may agree to con­duct the arbi­tra­tion by tele­phone, online and/​or sole­ly based on writ­ten sub­mis­sions. You here­by waive any right to claim that such loca­tion is an incon­ve­nient forum and covenant not to sue Duly in any oth­er forum.

The arbi­tra­tor will have the pow­er to grant what­ev­er relief would be avail­able in court under law or in equi­ty (includ­ing attorney’s fees) and any award of the arbi­tra­tor will be final and bind­ing on each of the par­ties. The arbi­tra­tor will not, how­ev­er, have the pow­er to award puni­tive or exem­plary dam­ages, the right to which each par­ty here­by waives. The arbi­tra­tor also does not have the pow­er to vary the class action waiv­er pro­vi­sions.

These Terms of Use affect inter­state com­merce and the enforce­abil­i­ty of this Sec­tion shall be both sub­stan­tive­ly and pro­ce­du­ral­ly gov­erned by and con­strued and enforced in accor­dance with the Fed­er­al Arbi­tra­tion Act, 9 U.S.C. § 1 et seq. (the ​“FAA”), to the max­i­mum extent per­mit­ted by applic­a­ble law.

Any judg­ment on the award ren­dered by the arbi­tra­tor shall be entered sole­ly and exclu­sive­ly by state courts locat­ed in DuPage Coun­ty, Illi­nois, or the U.S. Dis­trict Court for the North­ern Dis­trict of Illi­nois if juris­dic­tion in fed­er­al court is oth­er­wise prop­er, and each par­ty here­by irrev­o­ca­bly con­sents to the juris­dic­tion of the state courts locat­ed in DuPage Coun­ty, Illi­nois, or the U.S. Dis­trict Court for the North­ern Dis­trict of Illi­nois. The par­ties’ selec­tion of a judi­cial forum does not over­ride the par­ties’ oblig­a­tion to arbi­trate as pre­scribed in this agree­ment, and a par­ty is enti­tled to move to com­pel arbi­tra­tion of any dis­pute sub­ject to arbi­tra­tion under this agree­ment.

All arbi­tra­tion pro­ceed­ings will be con­fi­den­tial and all records relat­ing there­to will be per­ma­nent­ly sealed to the fullest extent pos­si­ble under applic­a­ble law.

Pay­ment of all fil­ing, admin­is­tra­tion and arbi­tra­tor fees will be gov­erned by the JAMS Rules. If, how­ev­er, you are able to demon­strate that the costs of arbi­tra­tion will be pro­hib­i­tive for you as com­pared to the costs of lit­i­ga­tion, Duly will pay as much of the fil­ing, admin­is­tra­tion and arbi­tra­tor fees as the arbi­tra­tor deems nec­es­sary to pre­vent the arbi­tra­tion from being cost-pro­hib­i­tive to you.

If any term, clause or pro­vi­sion of this Sec­tion is held invalid or unen­force­able, it will be so held to the min­i­mum extent required by law, and all oth­er terms, claus­es and pro­vi­sions of this Sec­tion will remain valid and enforce­able. Fur­ther, the waivers set forth in this sec­tion are sev­er­able form the oth­er pro­vi­sions of these Terms of use and will remain valid and enforce­able, except as pro­hib­it­ed by applic­a­ble law.

(d) Gov­ern­ing Law. This agree­ment shall be con­strued in accor­dance with the laws of the State of Illi­nois, exclu­sive of any choice of law or con­flict of law pro­vi­sion. In any claim or dis­pute relat­ing to the Site or any use or reliance on the Site for which state law pro­vides the rule of deci­sion, the par­ties agree that the laws of the State of Illi­nois shall gov­ern, exclu­sive of any choice of law or con­flict of law. Pro­vid­ed, how­ev­er, that the Fed­er­al Arbi­tra­tion Act (FAA) gov­erns the inter­pre­ta­tion and enforce­ment of all bind­ing arbi­tra­tion pro­ceed­ings under this Agree­ment.

INTER­NA­TION­AL USERS. If you are locat­ed out­side of the Unit­ed States and access the Site or sub­mit your per­son­al infor­ma­tion to Duly, U.S. law may not offer the same pri­va­cy pro­tec­tions as the law of your juris­dic­tion. If you vis­it Duly’s Site or con­tact Duly from out­side the Unit­ed States, please be advised that (i) any infor­ma­tion you pro­vide to Duly or that Duly auto­mat­i­cal­ly col­lects will be trans­ferred to the Unit­ed States; and (ii) that by using the Site or sub­mit­ting infor­ma­tion, you explic­it­ly autho­rize its trans­fer to and sub­se­quent pro­cess­ing in the Unit­ed States in accor­dance with Duly’s Dig­i­tal Pri­va­cy Pol­i­cy.

MYCHART TERMS
Duly pro­vides MyChart as a secure online envi­ron­ment for patients to access their elec­tron­ic med­ical record and share health infor­ma­tion with their Provider. These MyChart Terms in addi­tion to the Terms of Use out­line your use of MyChart and Duly’s oblig­a­tions with respect to MyChart. Duly reserves the right to revoke access to MyChart at any time and for any rea­son.

The pur­pose of MyChart is to pro­vide you with (1) access to select­ed por­tions of your med­ical records, such as basic lab­o­ra­to­ry results, sum­ma­ry med­ical his­to­ry, vis­it his­to­ry, and select­ed billing infor­ma­tion, and (2) the abil­i­ty to com­mu­ni­cate with your Provider. Some infor­ma­tion accessed through MyChart may assist in pro­vid­ing med­ical, nurs­ing, or oth­er pro­fes­sion­al ser­vices or advice. How­ev­er, the use of MyChart is not a sub­sti­tute for tra­di­tion­al med­ical advice, con­sul­ta­tion, diag­no­sis, or treat­ment.

By using MyChart, you agree to use it in accor­dance with these Terms of Use and the applic­a­ble poli­cies of your Provider. These Terms of Use may change with­out notice. Your use of the new or mod­i­fied Terms of Use means that you accept them. You agree to use MyChart appro­pri­ate­ly and as it is intend­ed. MyChart is pro­vid­ed for your con­ve­nience and its avail­abil­i­ty is not an enti­tle­ment, right or priv­i­lege. If you have any ques­tions or con­cerns about the use of the Site, 1 – 855-2MYCHART 

• MyChart Response to Elec­tron­ic Communication.
  • Your Provider will uti­lize its best effort to pro­vide a time­ly response to elec­tron­ic inquiries, but you should allow at least three (3) busi­ness days for a response. Accord­ing­ly, emer­gency sit­u­a­tions requir­ing imme­di­ate atten­tion should not be sub­mit­ted elec­tron­i­cal­ly. If you think you are expe­ri­enc­ing a med­ical or psy­chi­atric emer­gency, do not use MyChart and call 911 or your doc­tor immediately.
  • Duly is only able to respond to elec­tron­ic com­mu­ni­ca­tions based on the infor­ma­tion pro­vid­ed by you. If there is insuf­fi­cient infor­ma­tion pro­vid­ed, Duly will be unable to pro­vide accu­rate and reli­able services.
• MyChart Minor Eligibility.
  • An indi­vid­ual must be age 16 or old­er to request a per­son­al account. Minor chil­dren under the age of 16 will not be eli­gi­ble to par­tic­i­pate in MyChart ser­vices. Par­ents or guardians of minor chil­dren may request access to the minor child’s account by com­plet­ing the MyChart Child Proxy form. Under State and Fed­er­al law, there are cer­tain types of med­ical infor­ma­tion that the par­ent or guardian of a minor patient aged 12 or old­er may not view with­out con­sent of the minor patient. Because of these require­ments, Duly can only offer lim­it­ed ser­vices to par­ents of minor patients in this age cat­e­go­ry (12−17 years old).
• MyChart Proxy Access.
  • A par­ent or legal guardian of a minor child up to the child’s 17^th birth­day may request proxy access to the minor child’s MyChart account by com­plet­ing the appro­pri­ate proxy access con­sent form and sub­mit­ting it as per the instruc­tions on the form. Such access will only be grant­ed to par­ties with parental rights or legal guardian­ship over the MyChart account hold­er and only to the extent that the par­ty request­ing proxy access can demon­strate the legal right to the account hold­er’s med­ical infor­ma­tion. If the prox­y’s legal rela­tion­ship with the patient changes, the proxy must inform the Provider office or clin­ic imme­di­ate­ly by call­ing the Provider office or clin­ic direct­ly or by send­ing writ­ten notice to the HIM Department.
  • Duly reserves the right to revoke proxy access at any time and for any reason.
  • Indi­vid­u­als aged 18 or old­er may request proxy access to their MyChart account for anoth­er indi­vid­ual by com­plet­ing the appro­pri­ate proxy access form and sub­mit­ting it to your Provider. A MyChart account will be acti­vat­ed for both the proxy and the account holder.
• MyChart E‑mail Privacy.
  • As a user of MyChart you should be aware that you will be noti­fied via e‑mail when there is new med­ical infor­ma­tion to be viewed in MyChart. This means that any per­son with access to your e‑mail will be able to see this noti­fi­ca­tion. This could include your fam­i­ly mem­bers, employ­er, or any­one else who can access your e‑mail account. Although no pri­vate med­ical infor­ma­tion will be sent, the noti­fi­ca­tion that new med­ical infor­ma­tion is avail­able by access­ing MyChart may be infor­ma­tion that you would not want oth­ers to know. Thus, you should take this into account when pro­vid­ing an e‑mail address or using MyChart.
  • Please know that if you send us a mes­sage through your MyChart, it may be shared with your Provider’s staff that assists the physi­cian in pro­vid­ing your med­ical care. Your pro­tect­ed health infor­ma­tion will be acces­si­ble only to appro­pri­ate staff.
• MyChart Text/​SMS Alerts.
  • When you sign up for text mes­sages from Duly, you are sign­ing up to receive text mes­sages relat­ed to your rela­tion­ship with your Provider, includ­ing updates relat­ed to your vis­its, MyChart account, one-time pass­code, billing noti­fi­ca­tions, pre­scrip­tion reminders, and care management.
  • You can opt-out of SMS mes­sages by tex­ting STOP to 34070. Your opt-out request will gen­er­ate one final mes­sage con­firm­ing that you have been unsub­scribed. You will no longer receive SMS mes­sages from the short code you opt­ed out from. If you want to join again, sign up using MyChart or text HELP to 34070 for instructions.
  • If you are expe­ri­enc­ing issues with the mes­sag­ing pro­gram you can reply with the key­word HELP for more assis­tance, or you can get help direct­ly at 1 – 855-2MYCHART.
  • Car­ri­ers are not liable for delayed or unde­liv­ered mes­sages. Mes­sage and data rates may apply for any mes­sages sent to you from your Provider and to your Provider from you. Mes­sage fre­quen­cy may vary.
  • SMS text mes­sage noti­fi­ca­tions may be delayed or not received dur­ing region­al emer­gen­cies or oth­er peri­ods of high mes­sag­ing traf­fic. Third par­ties can send SMS text mes­sages dis­guised as alerts from your Provider and there­fore you are urged to inde­pen­dent­ly ver­i­fy the authen­tic­i­ty of any mes­sage that you receive. SMS text mes­sage order deliv­ery is not always predictable.
• MyChart Secu­ri­ty and Confidentiality.
  • Providers afford the same degree of con­fi­den­tial­i­ty to med­ical infor­ma­tion stored on MyChart as is giv­en to med­ical infor­ma­tion stored by us in any oth­er medi­um. Duly is com­mit­ted to pro­tect­ing the con­fi­den­tial­i­ty of your med­ical infor­ma­tion. Duly lim­its its employ­ees’ access and abil­i­ty to enter or view infor­ma­tion based upon their role in your care. Fire­walls, pass­words, encryp­tion, and audit trails are fur­ther used to safe­guard your infor­ma­tion. Duly shall iden­ti­fy the records released and note the time and date of access each time you access MyChart. Duly has tak­en steps to make all infor­ma­tion received from Duly’s MyChart vis­i­tors as secure as pos­si­ble against unau­tho­rized access and use.
  • For oth­er than gen­er­al infor­ma­tion view­ing, MyChart must be accessed with a Secure Sock­ets Lay­er (SSL) com­pat­i­ble brows­er. Duly’s SSL Web serv­er uses authen­ti­ca­tion and offers the high­est lev­el of encryp­tion tech­nol­o­gy com­mer­cial­ly avail­able (128-bit RC4). You can tell whether you are tru­ly con­nect­ed to MyChart by view­ing the dig­i­tal cer­tifi­cate. This cer­tifi­cate ver­i­fies the con­nec­tion between your Provider server’s pub­lic key and the server’s identification.
  • User­names and pass­words pro­vide two lay­ers of authen­ti­ca­tion and are stored in an encrypt­ed data­base that is iso­lat­ed from the Inter­net. As a MyChart user, your role in main­tain­ing the secu­ri­ty of your med­ical infor­ma­tion is to: 1) Change your pass­word on a reg­u­lar basis, and 2) Keep your login ID and pass­word con­fi­den­tial. If you share your MyChart ID and pass­word with anoth­er per­son, that per­son may be able to view you or your child’s health infor­ma­tion, and health infor­ma­tion about some­one who has autho­rized you as a MyChart proxy. It is your respon­si­bil­i­ty to select a con­fi­den­tial pass­word, to main­tain your pass­word in a secure man­ner, and to change your pass­word if you believe it may have been com­pro­mised in any way.
• Access to infor­ma­tion not includ­ed in MyChart.
  • MyChart is intend­ed as a secure online source of con­fi­den­tial med­ical infor­ma­tion. It con­tains select­ed, lim­it­ed med­ical infor­ma­tion from your med­ical record and does not reflect the com­plete con­tents of your med­ical record. A com­plete paper copy of a patien­t’s med­ical record may be request­ed from your Provider.
• Gen­er­al Access Terms.
  • Your activ­i­ties with­in MyChart may be tracked by com­put­er audit and entries you make may become part of the patien­t’s med­ical record. Access to MyChart is giv­en by Duly as a con­ve­nience to its patients and Duly has the right to deac­ti­vate access to MyChart at any time for any reason.
  • The use of MyChart is vol­un­tary and you are not required to use MyChart or to autho­rize a MyChart proxy.
• Ter­mi­na­tion of Service.
  • Your access to MyChart con­tin­ues from the date of acti­va­tion until ter­mi­nat­ed by your Provider or by you. Your Provider reserves the right to ter­mi­nate or restrict your abil­i­ty to use all or part of MyChart for mis­use, abuse, inac­tiv­i­ty or for clin­i­cal rea­sons as deter­mined at the sole dis­cre­tion of your Provider. If your access is ter­mi­nat­ed or restrict­ed, then you will be noti­fied via e‑mail and U.S. Postal Service.
  • At any time, you may ter­mi­nate your use of MyChart by noti­fi­ca­tion to MyChart Cus­tomer Ser­vice at 1 – 855-2MYCHART