MyCityofHope Terms and Conditions of Use (“Agreement”) IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CALL 9-1-1 OR GO TO THE NEAREST EMERGENCY DEPARTMENT. DO NOT USE MYCITYOFHOPE TO COMMUNICATE WITH CITY OF HOPE REGARDING A MEDICAL EMERGENCY. City of Hope (“we”) provides a service (the “MyCityofHope”) to allow our registered patients to view health-related information and access additional services. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN THE LEGAL TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF MYCITYOFHOPE. IF YOU, A REGISTERED PATIENT OF CITY OF HOPE, CHOOSE TO USE MYCITYOFHOPE, YOU WILL BE REQUIRED TO REGISTER AS A MEMBER OF MYCITYOFHOPE. DURING REGISTRATION, WE WILL ASK YOU TO CHECK A BOX TO INDICATE WHETHER YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. “THIS AGREEMENT” REFERS TO THIS MYCITYOFHOPE AGREEMENT AS WELL AS ANY OTHER TERMS AND CONDITIONS REGARDING MYCITYOFHOPE REFERENCED IN THIS MYCITYOFHOPE AGREEMENT. City of Hope operates MyCityofHope for the convenience of its patients. Your registration to use MyCityofHope is voluntary and use of MyCityofHope is at your discretion. The quality of the medical care you receive from City of Hope is not in any way negatively impacted by your decision of whether or not to register for and use MyCityofHope. Revisions, changes, and updates We may revise the information on MyCityofHope (including this Agreement) or otherwise change or update MyCityofHope without notice to you. City of Hope may also make improvements or changes in the products or services described on MyCityofHope or add new features at any time without notice to you. We encourage you to read this Agreement periodically to see if there have been any changes to our policies that may affect you. Your continued use of MyCityofHope will signify your continued acceptance of this Agreement as it may be revised. Eligibility You may not register to use and access MyCityofHope where prohibited and any attempt to do so will be void. Your enrollment in MyCityofHope is contingent on verification of your identity. If you enroll in MyCityofHope, you will receive an access code from City of Hope. This access code will permit you to create a user identification and password, which will be used to log into the site. If you fail to use your access code within forty-five (45) days of receiving it, it will expire and you will have to obtain a new access code from City of Hope to enroll in MyCityofHope. After you create your User ID and password, your access code will immediately expire and can no longer be used. To register to use MyCityofHope, you must be 12 years of age or older (or an emancipated minor) and must be a registered patient. Guidelines Regarding Children Personal information about children is a concern for all of us. At City of Hope, we take the protection of children's privacy very seriously. For children under 12 years of age, parents can access portions of their child’s medical records through MyCityofHope. However, currently, California laws and regulations, as well as the Health Insurance Portability and Accountability Act (HIPAA) limits parent/guardian access to records for individuals between the ages of 12 and 17 years old. Within these limits, we do offer account access to patients 12 to 17 years of age in order to help adolescents begin to take responsibility for their own health. However, as a result of these limits, for children 12 to 17 years of age, parents or legally designated representatives of the patient must request proxy access to a minor’s MyCityofHope account. Parents or legally designated representatives of a minor patient may request proxy access to a minor’s MyCityofHope account. Such access will be granted to parties with parental rights or legal guardianship over the patient and only to the extent that the party requesting can demonstrate the legal right to that patient’s medical information or if the minor patient authorizes in writing the parent or legal guardian to have proxy access. If the proxy’s legal relationship with account holder changes, please notify City of Hope. City of Hope reserves the right to revoke proxy access at any time for any reason. At the age of 18, your child can create their own MyCityofHope account and access their own records. Registration You agree that the information that you provide to us during the registration process, through your continued use of MyCityofHope and at all other times will be true, accurate, current, and complete. You also agree that you will maintain this information to ensure that it is accurate and up to date at all times. Agreement Term As soon as you have accepted the terms of this Agreement and completed the registration process to use MyCityofHope, you become a member of MyCityofHope (a “Member”). This Agreement shall remain in full force and effect while you are a Member and at any time that you use MyCityofHope. You agree that City of Hope may at any time, for any reason (including but not limited to your failure to comply with this Agreement or in order for us to comply with the requirements of a regulatory authority) and without notice to you (i) move, change, or suspend any part of MyCityofHope, (ii) terminate your account, (iii) restrict your access to MyCityofHope or deny you access to MyCityofHope; or (iv) deny you any offers or incentives that may become available through MyCityofHope. Any termination of your account will be effective immediately after we send you an email at the email address in your account details or, if there is no email address there, at the email address you provided during registration for your account. You may also terminate your account at any time by following the instructions on MyCityofHope. User participation in MyCityofHope Any personal information you submit to MyCityofHope is subject to City of Hope’s privacy policies. A link to our privacy policies is available at CityofHope.org or by clicking here. The terms of our privacy policies are incorporated into, and considered part of, this Agreement. Please take the time to read our privacy policies as they include information on your rights to see and receive copies of your personal health information. To the extent there is any inconsistency between this Agreement (excluding the privacy policies available at CityofHope.org) and the privacy policies available at CityofHope.org, the privacy policies shall govern. As a Member, you may use MyCityofHope to view certain information from your medical records, including the results of certain laboratory tests. Your use of the lab test result feature is considered a request by you to receive your lab test results online. Your acceptance of this Agreement and your registration to use MyCityofHope is considered a request by you to receive your lab test results online. See section below entitled “Test Results” for more information about the lab test results that you may receive on MyCityofHope. In addition, although MyCityofHope may display certain information from your medical records, it will not necessarily display all information found in your medical record. If you think that any of your medical record information displayed on MyCityofHope is inaccurate, you can request City of Hope to amend your medical record by mailing a request to Health Information Management Services. To request a complete copy of your medical records, please contact our Health Information Management Services. City of Hope may provide you with a number of interactive online services through MyCityofHope to help you better manage your health. These interactive online services may include secure messaging, including emailing your City of Hope doctor's office. You agree that you will not upload or transmit any communications or content of any type (including through secure messaging) that infringe upon, misappropriate, or violate any rights of any party. You agree that any of the following actions will be a material breach of this Agreement: • signing onto MyCityofHope as or pretending to be another person; • using MyCityofHope secure messaging for any purpose in violation of local, state, national, international laws or posted City of Hope policies; • uploading or transmitting material through or using MyCityofHope that infringes or violates the intellectual property, proprietary, privacy, or publicity rights of others; • uploading or transmitting material through or using MyCityofHope that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including City of Hope personnel) or entity as determined by City of Hope in its sole discretion; • using MyCityofHope in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; • using MyCityofHope to collect information about others, including email addresses; or • using MyCityofHope to intentionally distribute viruses or other harmful computer code. Without limitation to our other rights under this Agreement, City of Hope expressly reserves the right, in its sole discretion, to terminate your access to MyCityofHope or to any interactive online services and/or to any or all other areas of MyCityofHope as a result of any act or omission by you that City of Hope believes would constitute a violation of this Agreement. City of Hope may terminate your access to MyCityofHope at any time, without notice, and with or without cause. Passwords You are responsible for taking all reasonable steps to ensure that no unauthorized person will have access to your MyCityofHope online password or account. It is your sole responsibility to (1) control the disclosure and use of your activation codes and password; (2) authorize, monitor, and control access to and use of your account and MyCityofHope password; and (3) promptly inform City of Hope if you need to deactivate a password. We reserve the right to require you to change your password if we believe that your password is no longer secure. You may not disclose your password to any other person or permit any other person to access your account. You may not sell or otherwise transfer your profile for your account. You may not use the account, username, or password of any other Member at any time or attempt to impersonate any Member. A person who is authorized to access your MyCityofHope information as a proxy will also have the ability to authorize an approved web application to access your MyCityofHope information. Availability of Access to MyCityofHope City of Hope uses reasonable efforts to make MyCityofHope available 24 hours a day and seven days a week. There will however be times when access to MyCityofHope will be interrupted for maintenance, upgrades, or emergency repairs or for reasons that are beyond our control, including the failure of telecommunications lines, communication links, and computer or telecommunication equipment. Although we will make reasonable efforts in order to minimize such issues if it is within our reasonable control to do so, you agree that City of Hope will not in any way be liable or responsible to you for any interruptions, modification, suspension, or disruption of your access to or use of MyCityofHope. We reserve the right, in our sole discretion and without notice to you, to deny you with access to MyCityofHope without being liable or responsible to you for such denial of your access to or use of MyCityofHope liability to you. Timeliness of City of Hope Response City of Hope will use reasonable efforts to timely review and respond to any requests, questions or inquiries that you may post or send via MyCityofHope. We cannot, however, guarantee that we will receive or respond to any such requests, questions, or inquiries within any specific period of time. Thus, you should not use MyCityofHope for any time sensitive or urgent matter. It is your responsibility to follow up with City of Hope if you have not received a response to your request, question, or inquiry within a reasonable period of time. Electronic Communications By accepting this Agreement, you agree to receive essential communications by email. City of Hope may send you secure messages through MyCityofHope which contain confidential medical information and other information important to the maintenance of your health. All communications using MyCityofHope take place via a secure Internet connection. You will receive electronic mail (“e-mail”) notifying you that new information is available for you on MyCityofHope but these e-mails will not contain any confidential medical information. E-Mail Privacy – As a user of MyCityofHope, you should be aware that you will be notified via e-mail when there is new medical information to be viewed on MyCityofHope. This means that any person with access to your e-mail will be able to see this notification. This could include your spouse, employer or anyone else that can access your email account. Although no private medical information will be sent, the notification that new medical information is available by accessing MyCityofHope may be information that you may not want others to know. You should take this into account when providing an e-mail address. Your confidential medical information on MyCityofHope will be accessible only to appropriate clinical staff. You may also communicate information to MyCityofHope through the secure Internet connection. When using MyCityofHope to send secure messages to your health care team, use the provided drop down box relating to the subject of the communication in the message’s subject line. If your provider is not available, messages sent through MyCityofHope may be forwarded to other authorized City of Hope health providers. With respect to any electronic communications sent through MyCityofHope, City of Hope is only able to respond to such communications based on the information provided by the patient. If insufficient information is provided, City of Hope will be unable to provide accurate and reliable services. MyCityofHope is not intended to replace or to serve as a substitute for in-person meetings and/or personal conversations with your physician. If MyCityofHope is unavailable, you should use other means to contact City of Hope and your health care team for non-urgent matters. Please note that the contents of any MyCityofHope communication may become part of your permanent health record. This communication does not constitute an addendum or amendment to your existing medical records and may not be considered part of City of Hope’s designated medical record set. You should, however, save or store a copy of all important MyCityofHope communications and records on a computer or storage device owned by you for your own medical records. Personnel Who Will Process Requests A variety of healthcare and administrative personnel employed by City of Hope (such as nurse practitioners, physician assistants, registered nurses, certified medical assistants, clerks, etc.) will be involved in receiving and processing requests, inquiries, and questions sent by you to City of Hope via MyCityofHope. Such personnel will generally monitor MyCityofHope for such requests, inquiries, and questions throughout the day during City of Hope’s normal business hours. As City of Hope employees other than your individual healthcare provider may be involved in handling your communications, you should not use MyCityofHope for confidential information you wish to discuss only with your health care provider. You are responsible for any use of MyCityofHope by your agents or dependents, and you agree to inform such agents or dependents of this Agreement and their obligations to comply with them. You may not assign the rights and obligations accruing to you under this Agreement without the prior written consent of City of Hope, and any attempted assignment not in compliance with this sentence shall be void. Test Results By agreeing to this Agreement you are requesting City of Hope to post all your lab test results on MyCityofHope and you are providing City of Hope the right to post all such test results to MyCityofHope that are not expressly forbidden by law, or for which the law requires your additional consent to post. Should you decide you no longer would like electronic transmission of your test results, you can choose to deactivate your account. Not all test results and other such information are posted to the MyCityofHope site. Therefore, it is your sole responsibility to ensure that you request and verify results for all tests you have taken by contacting City of Hope directly. Privacy As part of your use of MyCityofHope, City of Hope asks you to provide certain information about yourself, including health information. The information that you provide to City of Hope about yourself as part of your use of MyCityofHope is “Protected Health Information,” or “PHI” as defined by the Health Insurance Portability and Accountability Act of 1996, as amended. Our use and disclosure of PHI is governed by our Notices of Patient Privacy Practices (available at CityofHope.org or by clicking here). Some examples of the places on MyCityofHope where City of Hope may collect information about you are: Member Registration: In order to use many of MyCityofHope’s features, tools, and services, we ask you to register as a Member of MyCityofHope. During this member registration process, we may ask you for certain information, including your name, date of birth, and email address. Questionnaires: City of Hope may ask you to complete certain questionnaires, such as a personal medical history questionnaire. Such questionnaires will ask you for other information about you, such as allergies, medications, hospitalization history, prior diagnoses, surgical history, family history, and social history. Links to Third Party Websites MyCityofHope may contain links to other websites that are not owned or controlled by City of Hope ("Third Party websites"). The links are provided for your convenience only. City of Hope does not control such Third Party websites and is not responsible for the content, security, or privacy practices of any Third Party websites. Use of Third Party websites is strictly at your own risk. Please review the privacy statement and any terms of use of any Third Party website you visit. City of Hope does not endorse, approve, or recommend any Third Party websites, any information contained on any Third Party website, or any products or services described on any Third Party website. Third Party Applications If you as a patient find a third party application that you would like to use to access and import your health information, City of Hope provides the ability for you to use this application. To do this, you must establish a MyCityofHope patient portal account since the security – user name and password – you set for MyCityofHope would be your authentication for any third party application to access and import your health information. City of Hope reserves the right to disable any third party application if needed. Access, correction, and data integrity Although we attempt to maintain the integrity and accuracy of the information on MyCityofHope, we make no guarantees as to its correctness, completeness, or accuracy. MyCityofHope may contain typographical errors, inaccuracies, or other errors or omissions. In addition, third parties could make unauthorized additions, deletions, or alterations to MyCityofHope without our knowledge. If you believe that information found on MyCityofHope is inaccurate or unauthorized, please inform us at the contact address below. Medical Advice and Information Disclaimer MyCityofHope may from time to time include information posted by City of Hope which may be in the form of news, opinions, or general educational materials. Any such news, opinions, general educational materials or any other information or materials posted by City of Hope on MyCityofHope should not be construed as specific medical advice or instruction from City of Hope. NOTHING IN MYCITYOFHOPE, WHETHER POSTED BY CITY OF HOPE OR OTHERWISE, IS INTENDED TO BE USED BY YOU OR ANY OTHER PERSON FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not consider any of the information that we post on MyCityofHope to be complete, nor should you rely on such information to suggest a course of treatment. You should always seek the advice of your physician for any questions you may have regarding a medical condition and you should never disregard medical advice or delay seeking medical advice because of something you may have read on MyCityofHope or otherwise in connection with your use of MyCityofHope. Account Deactivation You may deactivate your MyCityofHope account at any time. To deactivate your MyCityofHope account, please contact Health Information Management Services. Your MyCityofHope account will automatically be deactivated upon death. Disclaimer You assume risk for any and all use of this website. MYCITYOFHOPE, ITS CONTENTS (INCLUDING WITHOUT LIMITATION ANY THIRD PARTY WEBSITES MENTIONED OR LINKED ON MYCITYOFHOPE OR ANY INFORMATION OR MATERIALS LOCATED, MENTIONED OR LINKED TO ON MYCITYOFHOPE (“EXCLUDED INFORMATION”)) AND ALL PRODUCTS OR SERVICES RELATED TO MYCITYOFHOPE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTIES AS TO THE RELEVANCY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON MYCITYOFHOPE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF MYCITYOFHOPE, ITS CONTENTS (INCLUDING WITHOUT LIMITATION THIRD PARTY WEBSITES MENTIONED OR LINKED ON MYCITYOFHOPE OR ANY EXCLUDED INFORMATION), ALL PRODUCTS OR SERVICES RELATED TO MYCITYOFHOPE, AND ANY THIRD PARTY WEBSITES MENTIONED OR LINKED ON MYCITYOFHOPE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CITY OF HOPE OR ITS OFFICERS, STAKEHOLDERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR REPRESENTATIVES WILL CREATE A WARRANTY OF ANY KIND. NO REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON MYCITYOFHOPE WILL CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY CITY OF HOPE. TO THE FULLEST EXTENT PERMITTED BY LAW, CITY OF HOPE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, FOR OR IN RESPECT OF MYCITYOFHOPE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR RESPONSIBILITY AS TO, OF, OR FOR: (I) YOUR USE OF MYCITYOFHOPE, ITS CONTENTS (INCLUDING WITHOUT LIMITATION THIRD PARTY WEBSITES MENTIONED OR LINKED ON MYCITYOFHOPE OR ANY EXCLUDED INFORMATION) AND ALL PRODUCTS OR SERVICES RELATED TO MYCITYOFHOPE, INCLUDING ANY DAMAGES RESULTING OR ARISING FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS IN TRANSMISSION, COMPUTER VIRUSES, INFECTIONS, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, COMMUNICATION LINE FAILURES, NON-DELIVERIES, MIS-DELIVERIES, THEFT, OR UNAUTHORIZED ACCESS OF INFORMATION OR ANY FAILURE OR PERFORMANCE OF MYCITYOFHOPE; (II) ANY DENIAL OR RESTRICTION OF YOUR ACCESS TO MYCITYOFHOPE IN ANY MANNER BY City of Hope OR OTHERWISE; OR (III) THE QUALITY, SUITABILITY, ACCURACY, FUNCTIONALITY, OR OPERATION OF MYCITYOFHOPE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY MYCITYOFHOPE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT MYCITYOFHOPE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. Limitation of Liability and Choice of Law CITY OF HOPE AND ITS OFFICERS, STAKEHOLDERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, ANY THIRD PARTIES MENTIONED OR LINKED TO ON MYCITYOFHOPE, EXCLUDED INFORMATION AND ANY THIRD PARTY INFORMATION OR CONTENT PROVIDERS TO MYCITYOFHOPE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF MYCITYOFHOPE OR ANY THIRD PARTY WEBSITES, ANY CONTENT OR INFORMATION ON MYCITYOFHOPE (INCLUDING WITHOUT LIMITATION EXCLUDED INFORMATION OR THIRD PARTY WEBSITES MENTIONED OR LINKED ON MYCITYOFHOPE) OR THIRD PARTY WEBSITE, OR ANY PRODUCTS OR SERVICES RELATED TO MYCITYOFHOPE OR ANY THIRD PARTY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR ANY OF THE FOREGOING OR FOR DISSATISFACTION WITH MYCITYOFHOPE, SITE-RELATED SERVICES, AND/OR THIRD PARTY WEBSITES IS TO STOP USING MYCITYOFHOPE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION ON THE TYPE OR AMOUNTS OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS AGREEMENT IS GOVERNED BY CALIFORNIA LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT IS ENACTED AS PART OF THE LAW OF CALIFORNIA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THIS AGREEMENT. YOU EXPRESSLY AGREE THAT THE EXCLUSIVE JURISDICTION FOR ANY CLAIM OR ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF MYCITYOFHOPE WILL BE SOLELY AND EXCLUSIVELY RESOLVED AND SETTLED THROUGH ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED IN LOS ANGELES, CALIFORNIA, UNITED STATES OF AMERICA. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. THE PREVAILING PARTY SHALL BE ENTITLED TO COSTS AND REASONABLE ATTORNEY’S FEES ARISING OUT OF SUCH ARBITRATION. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. Indemnity You understand and agree that you are personally responsible for your behavior or the behavior of any person using your account in connection with MyCityofHope. You agree to indemnify, defend, and hold City of Hope and its officers, stakeholders, directors, employees, affiliates, agents, contractors, representatives, successors and assigns, any third-party information or content providers to MyCityofHope, harmless from any loss, liability, claims, demands, damages or costs (including, but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, made by any third party, due to or arising out of (i) your use or misuse of MyCityofHope by you or any other person using your account, including without limitation, any false or fraudulent transaction; (ii) any violation or breach of this Agreement; or (iii) any violation of any of the rights of any other third party. In consideration for City of Hope’s permitting you to use MyCityofHope you expressly release and hold harmless City of Hope, its trustees, officers, directors, employees, agents, and affiliates from any and all claims, liabilities, demands, causes of action, costs, expenses, and damages of every kind and nature, in law or equity, or otherwise, arising out of or in any way related to your use of MyCityofHope, whether arising from negligence or any other acts or omissions by City of Hope. Copyrights Except as otherwise indicated, all content on MyCityofHope by or for City of Hope, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of City of Hope or its licensors and is protected by United States and international copyright laws. City of Hope allows you to view or download a single copy of such material solely for your personal, noncommercial use. The compilation of all content on MyCityofHope is the exclusive property of City of Hope and is protected by United States and international copyright laws. Unless specifically authorized in writing by us, any use of these materials, or of any materials contributed to MyCityofHope by entities other than City of Hope, including on any other website or networked computer environment for any purpose is prohibited. Any rights that are not expressly granted by this Agreement or any applicable end-user license agreements are reserved by City of Hope. Any content, information, material, and features on MyCityofHope are subject to change or termination without notice in the editorial discretion of City of Hope. Please note that if you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice. License, Trademarks and service marks City of Hope grants you a limited, revocable, nontransferable and nonexclusive license to access and make personal use of this website, the material provided hereon, and the accompanying services. You may not, however, in whole or in part use, reproduce, or copy the MyCityofHope site or modify any content or any proprietary notices from materials downloaded or printed out from MyCityofHope. Furthermore, this limited, revocable license does not include the right to: any use of the content of this site for the benefit of a third party or for personal financial benefit, except as MyCityofHope contemplated by this Agreement; any derivative use of this website or its contents; any transmission or provision of any content from the MyCityofHope site to a third party, except as specifically provided by this Agreement; any incorporation of data or other content from MyCityofHope in a product designed, developed, marketed, sold or licensed by you or on your behalf; any use of data mining, robots, or similar data gathering and extraction tools; or any use of MyCityofHope in a manner contrary to any applicable law. This website (or any portion thereof) and all of the content is the property of City of Hope, its licensees, or its content providers, protected by United States and international copyright and other laws, and cannot be reproduced, duplicated, copied, published, sold, visited, or otherwise exploited for any commercial purpose without express written consent from City of Hope. "City of Hope" and the City of Hope logo are registered service marks of City of Hope or its affiliates. Other proprietary marks of City of Hope or third parties may be designated as such from time to time on MyCityofHope through use of the TM, SM, or ® symbols. You are not authorized to make any use of the City of Hope marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by City of Hope or the applicable third party. You Agree that City of Hope May Use and Disclose Certain Information About You You agree that, should you elect to supply it, City of Hope 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. City of Hope will use and disclosure this information in accordance with our Notice of Privacy Practices. See Section titled “Privacy” above for more information. “Web Activity Information” gathered by City of Hope and its third-party service providers When you visit MyCityofHope and interact with the services and tools that reside there, City of Hope may collect certain information on your activities while visiting MyCityofHope (“Web Activity Information”) in order to evaluate and improve the effectiveness of MyCityofHope. Web Activity Information may include information such as how many visits you made to MyCityofHope, the time of day and date of your visits; the areas of MyCityofHope that you visit, the Internet domain from which you access MyCityofHope; your computer's IP address, and the type of browser and operating system you use. In doing so, City of Hope may utilize the services of certain third party service providers. This type of Web Activity Information is generally collected from server log files and from cookies. IP Address Your IP address is a number that is assigned by your ISP (Internet Provider) to your computer to identify its location. We use your IP address to help diagnose problems with our server and to administer our MyCityofHope. We also sometimes use IP addresses to communicate with Members and possibly even delete the accounts of Members who are not complying with our Agreement. Cookies Our MyCityofHope may use a feature of your browser to set a "cookie" on your computer. Cookies are small packets of information that MyCityofHope stores on the hard drive of your computer, which can then be read by our servers whenever you visit MyCityofHope. We use cookies to save your password so you do not have to re-enter it each time you visit our site, to deliver content specific to your interests, and to track the pages you have visited. These cookies allow us to use the Web Activity Information we collect to customize your Web experience so that your visit to MyCityofHope is as relevant and as valuable to you as possible. You may modify your browser preference to provide you with choices relating to cookies. You have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies, you may be unable to use those parts of MyCityofHope that require registration in order to participate or you will have to sign in each time you visit the MyCityofHope. Access and Correction Your rights to access and amend your PHI are described in City of Hope's Notice of Privacy Practices. In addition, City of Hope provides you with the ability to access, correct, or change certain of your information in your account at any time, including contact information or other information you have provided to us. You are not able, however, to change your Member name, although you may re-register and choose a new name. To review or modify your information after you have registered, please log in to MyCityofHope. Please be advised that City of Hope currently archives information it collects on its Members. Security; Risks of using Secure Sites and Secure Messaging. The importance of security is of utmost concern to us. City of Hope uses 128-bit encryption technology and takes other precautions to ensure that the information contained or transmitted via MyCityofHope is as secure as reasonably possible from unauthorized use or access. As such, your browser must be enabled to transmit via Secure Socket Layer (SSL) protocol and 128-bit encryption. If your browser currently does not support this protocol, you will see a prompt asking you to update your security and a link to a site where you may obtain the necessary plug-in at no charge. SSL is used for transmitting personal demographic information, personal health information and credit card information. City of Hope is using industry-standard encryption technologies to protect and secure the MyCityofHope site, including the secure messaging function. Because of the added security of web-based, encrypted messaging, City of Hope strongly recommends the use of secure messaging via MyCityofHope, instead of e-mail, for online communications. However, please note that while City of Hope takes measures to safeguard your security, we cannot guarantee absolute security of the system against inadvertent disclosure or intentional intrusion. Also, to the extent you or your proxy authorizes an approved web application to access your MyCityofHope information, those applications will access MyCityofHope via an application programming interface, which establishes a secure connection between the application and MyCityofHope. The use of electronic communication systems such as the World Wide Web (including secure messaging) for communications has a number of risks that users should consider before use. Such risks include, but are not limited to, the following: • Electronic communications can be copied, circulated, forwarded and stored, in numerous paper and electronic files. Electronic communications can be accidentally broadcast worldwide and received by many unintended recipients. Backup copies of electronic communications may exist even after the originator or recipient has deleted his or her own copy. Employers and online services have a right to archive and inspect e-mails transmitted through their systems. • Message senders can misaddress a message. Messages can be intercepted, altered, forwarded, or used without written permission or detection. E-mail notifications can be used to introduce viruses into computer systems. Electronic communications may not be answered in the time frame expected by the parties or they can be misinterpreted. • Electronic communications are discoverable and can be used as evidence in court. • Passwords providing access to electronic communications can be stolen and misused, or host systems can be compromised, leading to unauthorized disclosures of personal information. As a result of these risks, City of Hope cannot guarantee the security and confidentiality of secure messaging and other communication submitted through MyCityofHope, and will not be liable for improper disclosure of confidential information. You should consider not using MyCityofHope if this risk is not acceptable to you. YOU HEREBY EXPRESSLY ASSUME THE FOLLOWING RISKS, INCLUDING BUT NOT LIMITED TO INTENTIONAL INTRUSION, UNAUTHORIZED DISCLOSURE, FAILURE, DELAY, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SERVICE. Applicable Law We control and operate MyCityofHope from the United States. MyCityofHope is not intended to subject us to the privacy laws or jurisdiction of any state, country, or territory other than that of the United States. Please note that we do not represent or warrant that MyCityofHope is appropriate for use in any particular jurisdiction. Those who choose to access MyCityofHope do so at their own initiative and are responsible for complying with all local laws, rules, and regulations. GENERAL TERMS Entire Agreement; Order of Precedence; Waiver; Severability Unless otherwise specified herein, this Agreement constitutes the entire agreement between you, as a Member, and City of Hope with respect to MyCityofHope and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and City of Hope with regard to MyCityofHope. To the extent of any conflict or ambiguity between this Agreement and any other terms and conditions posted on MyCityofHope, the terms of this Agreement shall govern to the extent of any conflict or ambiguity. City of Hope’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid or unenforceable, that portion shall be deemed to be substituted with a valid, enforceable provision which most closely reflects the original intent of the parties, and the remaining portions shall remain in full force and effect. This Agreement is accepted upon your use of MyCityofHope, and is further affirmed by you becoming a Member of MyCityofHope. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The use of this site is unauthorized in any jurisdiction that does not give effect to the Agreement contained herein. All Rights Reserved All rights not expressly granted herein are hereby reserved. I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT. I UNDERSTAND THE RISKS ASSOCIATED WITH ONLINE COMMUNICATIONS. ANY QUESTIONS I MAY HAVE HAD WERE ANSWERED. BY CHECKING “I ACCEPT” BELOW I INTEND TO SIGN THIS AGREEMENT, I HEREBY GIVE MY INFORMED CONSENT TO PARTICIPATE IN THE MYCITYOFHOPE, AND I HEREBY AGREE TO AND ACCEPT ALL OF THE PROVISIONS CONTAINED ABOVE. A COPY OF THIS AGREEMENT WILL BE INCLUDED IN MY MEDICAL RECORD. PLEASE INDICATE YOUR ACCEPTANCE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY CLICKING "I ACCEPT" BELOW AND FOLLOWING THE OTHER INSTRUCTIONS TO COMPLETE THE REGISTRATION PROCESS.