Patient Portal Terms of Service

Please read these Terms of Service carefully before using the Members Health Co Patient Portal. By signing in to the Patient Portal at portal.membershealthco.com (the “Portal”), you agree to these Terms of Service (the “Terms”). If you do not agree, do not use the Portal.

1. Who we are

The Portal is operated by Members Health Co (“Members Health Co,” “we,” “us,” or “our”), a healthcare practice based in Nashville, Tennessee. The Portal is a secure online service we provide to our patients to deliver laboratory results and clinical interpretations.

2. What the Portal is and is not

The Portal lets you:

• View your laboratory results and the clinical interpretations of those results written by your treating clinician at Members Health Co. The interpretations are clinical guidance from your provider as part of your ongoing care with the clinic.
• See clinical notes your provider has written about your lab draws over time.
• View a record of clinical actions taken on your behalf by Members Health Co, such as prescriptions written, referrals, and imaging orders.
• See your medication pickup history and the status of any in-flight refill or compound-medication orders.
• Submit refill requests for your existing prescriptions and orders for compounded medications. Your request is routed to clinical staff for review and may be approved, declined, or held for follow-up. Any communication about the decision happens through the clinic’s ordinary patient-communication channels, not through the Portal.
• View available wellness services (such as IV therapies, injections, and body scans) and any wellness credits included with your membership plan.
• Download a CSV copy of your medication pickup and clinical-action history.

The Portal is not:

• A messaging system. Aside from submitting a refill or compound order, the Portal does not provide a way for you to contact the clinic. You cannot send free-text messages, notes, or other communications to clinical staff through the Portal. Use the clinic’s ordinary contact channels for everything else.
• An emergency communication channel. If you are experiencing a medical emergency, call 911 or go to the nearest emergency department. Do not use the Portal to communicate about urgent or emergency medical issues.
• A substitute for in-person care when in-person care is clinically appropriate. Your clinician will tell you when an in-person visit is needed.
• A complete view of your medical record. The Portal contains your laboratory results, clinical interpretations, medication and care history, and request submissions. For other parts of your medical record, contact the clinic.

3. Eligibility

To use the Portal you must:

• Be at least 18 years of age. The Portal is not intended for use by anyone under 18, and we do not knowingly create Portal accounts for minors.
• Be a current or former patient of Members Health Co with an active Portal account that we have provided to you.
• Have a valid email address or mobile phone number that you control, registered with our clinic.

4. How you sign in

When you sign in to the Portal, we send a one-time link to the email address on file or a one-time code to the mobile phone number on file. You enter the code or click the link to verify your identity. We do not require you to set or remember a password.

Because the Portal relies on your email or phone for sign-in, you are responsible for:

• Keeping your email and phone secure with strong passwords and (where supported) multi-factor authentication.
• Not sharing the one-time links or codes we send you with anyone.
• Promptly notifying us if your email address or phone number changes, if you lose access to either, or if you believe an unauthorized person has obtained access to your email, phone, or Portal account.

5. Electronic communications

By using the Portal, you consent to receive communications from us electronically at the email address on your account. This includes messages about appointments you book: a confirmation when the appointment is made, a notice if its time changes or it is cancelled, and a reminder before your visit.

These messages contain the type of appointment, its date and time, the clinician you are seeing, and the location. They do not contain clinical information such as visit notes, test results, or diagnoses. Ordinary email is not a secure channel and can be read by anyone with access to your inbox or your email provider’s systems, so we keep clinical information inside the Portal.

You are responsible for keeping the email address on your account current. If it is out of date, appointment details may be delivered to an address you no longer control.

You may change or stop these messages at any time from Notification preferences in the Portal, or by using the unsubscribe link in any message we send. You may also ask us to contact you by a different method or at a different address, as described in our Notice of Privacy Practices. Stopping these messages does not affect your access to the Portal or the care you receive, and we will still contact you directly about anything urgent.

Consent to electronic communications is not a condition of receiving care.

Text messages

We may also offer the same appointment messages by text message (SMS). Text messages are off unless you turn them on. If you give us a mobile number and turn text messages on in Notification preferences, you agree to receive automated text messages from Members Health Co at that number about your appointments: confirmations, changes and cancellations, and reminders before a visit. We do not send marketing or promotional text messages.

Your consent to receive text messages is not a condition of receiving care, of any purchase, or of using the Portal. You can decline text messages and keep everything else exactly as it is.

Message frequency depends on how many appointments you book and which messages you have turned on. Message and data rates may apply, and are set by your mobile carrier, not by us. Text messages are supported on most major U.S. carriers; carriers are not liable for delayed or undelivered messages.

You may stop text messages at any time by replying STOP to any message we send, or by turning them off in Notification preferences. For assistance, reply HELP. Replying STOP stops the messages; it does not close your account, cancel your appointments, or affect your care. In the event of a medical emergency, please call 911. If you change or give up your mobile number, please update it in the Portal, so our messages do not reach whoever holds that number next.

Text message notifications carry the same limited detail as our emails: the type of appointment, its date and time, the clinician, and the location, plus a joining link for a remote visit. They do not contain test results, visit notes, or diagnoses. Text message notifications are not encrypted in transit, they appear on your lock screen by default, and anyone with access to your phone or your carrier account may be able to read them. Receiving a text from us also reveals that you are our patient. Please take this into account when deciding whether to turn text message notifications on, particularly if you share a device or a phone plan.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

6. How you may use the Portal

You may use the Portal only for your own personal, non-commercial purposes related to your healthcare. You agree not to:

• Use the Portal in any way that violates any law or regulation.
• Attempt to access information about anyone other than yourself.
• Attempt to interfere with, disrupt, or compromise the Portal’s security or operation, including by attempting to bypass authentication, probing for vulnerabilities, scraping content with automated tools, or introducing malicious code.
• Use any automated system or program to access the Portal, except as required for accessibility tools you personally use.
• Reverse-engineer or attempt to derive the source code of any part of the Portal.
• Share your account access with another person, even a family member.
• Use the Portal to send any unsolicited communication, advertisement, or other content to Members Health Co or its staff.

7. Your health information

Our use and disclosure of your protected health information is governed by the Health Insurance Portability and Accountability Act (“HIPAA”) and our Notice of Privacy Practices, which we provide to you separately and which is available on request.

Our handling of personal information that is not protected health information is described in our Privacy Policy.

8. Accuracy of information

We make reasonable efforts to display laboratory results and clinical interpretations accurately. However:

• Laboratory results may be revised by the laboratory after initial release.
• A clinical interpretation reflects the judgment of a clinician at the time it is published; clinical understanding may evolve.
• If something in the Portal looks unexpected, contradicts what you have been told by your clinician in person, or appears incorrect, contact our clinical staff before acting on it.

9. Clinical content and your care relationship

The interpretations of your laboratory results that appear in the Portal are written by your treating clinician at Members Health Co as part of your ongoing care relationship with the clinic. They are clinical guidance for you. We deliver them through the Portal as a convenient way to provide the same kind of guidance your clinician would give you at an in-person follow-up visit.

What this means:

• Treat what you see in the Portal as your clinician’s considered guidance about your results. We provide it to you to support your care.
• If something in the Portal looks unexpected, contradicts what you have been told in person, or is unclear, contact the clinic before acting on it. Tools and people are fallible; we would rather you check than be misled.
• The Portal does not replace in-person care when in-person care is clinically warranted. Your clinician will tell you when an in-person visit is needed.
• Your access to the Portal is part of your existing relationship with Members Health Co. Viewing your results in the Portal is not a separate clinical visit, does not extend the scope of your existing care relationship, and does not create a new clinician-patient relationship beyond the one you already have with the clinic.
• In an emergency, do not wait to check the Portal. Call 911 or go to the nearest emergency department.

10. Availability

We provide the Portal on an “as-available” basis. We may modify, suspend, or discontinue the Portal in whole or in part at any time, with or without notice. We are not liable to you for any modification, suspension, or discontinuation. During Portal downtime, you can reach our clinic through normal channels (phone or in person).

11. Termination of your access

We may suspend or terminate your access to the Portal at any time, with or without notice, including if:

• You are no longer a patient of Members Health Co.
• You violate these Terms.
• We reasonably believe your account has been compromised.
• We are required to do so by law.

You may stop using the Portal at any time and may request that your account be deactivated by contacting our clinic.

12. Intellectual property

The Portal’s software, design, and content (other than your own health information and clinical content authored by Members Health Co staff about you) are owned by Members Health Co or its licensors. You are granted a limited, non-exclusive, non-transferable right to use the Portal only as permitted by these Terms.

13. Third-party services

The Portal is hosted by Google Cloud Platform and uses Google’s identity services to send sign-in emails and SMS codes. Your use of these underlying services is also subject to Google’s applicable terms. Members Health Co has executed a Business Associate Agreement with Google for the handling of protected health information.

We use Resend to deliver notification emails and Twilio to deliver notification text messages. These vendors process only what is needed to deliver a message: your email address or mobile number and the content of the message itself. They act on our instructions and are not permitted to use your information for their own purposes. Where a vendor handles protected health information on our behalf, we maintain a Business Associate Agreement with it as HIPAA requires.

14. Disclaimer of warranties

The Portal is provided “as is” and “as available,” without warranties of any kind, either express or implied. To the maximum extent permitted by law, Members Health Co disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or trade usage. We do not warrant that the Portal will be uninterrupted, error-free, or secure against every conceivable attack.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

15. Limitation of liability

To the maximum extent permitted by law, Members Health Co, its officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including damages for loss of profits, data, or use, arising out of or related to your use of or inability to use the Portal, whether based on warranty, contract, tort (including negligence), or any other legal theory.

Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded, including liability for gross negligence, willful misconduct, or fraud.

16. Changes to these Terms

We may change these Terms from time to time. If we make changes that we consider material, we will provide notice within the Portal (such as a notice on sign-in) and update the “Last updated” date above. Your continued use of the Portal after the updated Terms become effective means you accept the changes. If you do not accept the changes, you should stop using the Portal.

17. Governing law

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws principles. Any action or proceeding arising out of or related to these Terms or your use of the Portal must be brought in a state or federal court located in Davidson County, Tennessee, and you consent to the jurisdiction and venue of such courts.

18. Miscellaneous

• Entire agreement. These Terms, together with our Privacy Policy and our Notice of Privacy Practices, are the entire agreement between you and Members Health Co regarding your use of the Portal.
• Severability. If any provision of these Terms is held unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision of these Terms is not a waiver of our right to enforce it later.
• Assignment. You may not assign or transfer your rights under these Terms. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
• Headings. Headings are for convenience and do not affect interpretation.

19. How to contact us

If you have questions about these Terms, contact us at:

Members Health Co
705 Merritt Ave, Nashville, TN 37203
(615) 601-3600
info@membershealthco.com