Effective May 22, 2023
The Methodist Hospital d/b/a Houston Methodist, its subsidiaries, and affiliates (collectively, “Houston Methodist”) are pleased to provide you with access and use of Houston Methodist’s MyChart Portal, including the MyMethodist Mobile App, (“MyChart Portal”). This MyChart Privacy Policy, Disclaimer, and Terms of Use (“MyChart Terms”) applies to your registration, access, and use of the MyChart Portal.
The MyChart Terms does not apply to the general Houston Methodist website, the Houston Methodist Careers portal, Houston Methodist Urgent Virtual Care, or how Houston Methodist handles your information collected or provided to Houston Methodist outside of the MyChart Portal. See our notice of Privacy Practices for information on how we handle your “protected health information” (as defined by The Health Insurance Portability and Accountability Act of 1996 and implementing regulations (“HIPAA”)).
If you click on a link from within our MyChart Portal to visit and use other Houston Methodist’s digital services, information collected during such visits and use are subject to the relevant privacy policy and terms of use applicable to such services. For example, information we collect when you use our general public website is governed by our general Digital Privacy Policy, Disclaimer, and Terms of Use, available here.
These MyChart Terms inform you about what information we collect via the MyChart Portal, how and when that information is used, and what choices you may have. This document is also an agreement by you regarding your use of the MyChart Portal. You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these MyChart Terms. By accepting these MyChart Terms or by using the MyChart Portal, you agree to these MyChart Terms. If you do not agree to these terms and conditions, you should not register to access or use the MyChart Portal.
PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION BELOW THAT WAIVES YOUR RIGHT TO A JURY TRIAL AND REQUIRES ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS AND OTHER TERMS LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF DISPUTES OR CLAIMS IN CONNECTION WITH THIS AGREEMENT OR THE MYCHART PORTAL.
Your Acknowledgements
You are responsible for being an informed user of the MyChart Portal and making sure you are familiar with our policies before you continue. You are also responsible for managing your Device and browser settings and the information that you share. Details on how to manage your settings are described in this document to help you make informed decisions and may be viewed <here>. These MyChart Terms do not cover our practices or services related to the MyChart Portal other than those described herein.
About Our MyChart Portal
Houston Methodist provides the MyChart Portal to patients and their legal representatives to enhance and provide better access to patient services, education materials about our facilities and services, treatment, access to our virtual care appointment tools, access to your medical records, financial account information, and more. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding medical conditions or other health related issues. Never delay obtaining medical advice or disregard medical advice because of information you accessed on or through the MyChart Portal or other Houston Methodist’s websites. IN CASE OF A HEALTH EMERGENCY, CALL 911 AND SEEK IMMEDIATE ASSISTANCE FROM EMERGENCY PERSONNEL.
Information We Collect on Our MyChart Portal
When you use our MyChart Portal, we may collect information from or about you, as well as the Device used to access the MyChart Portal, in a variety of ways.
When you access and use our MyChart Portal, you may be asked to provide us with the following kinds of information:
- Your contact and account information, such as your name, email address, postal address, phone number, date of birth, and any other information you choose to provide that can be used to personally identify you and assist you.
- Information about transactions between us and you, such as payment information, payment method and payment card information.
- Information concerning your representatives and your dependents.
- Health information associated with you.
- Other information about you that you choose to provide in connection with access and use of the MyChart Portal.
In addition to any information that you submit to us via our MyChart Portal, we may use technologies and online tools, or your browser may contain technologies, that automatically (or passively) store or collect certain information when you visit or interact with the MyChart Portal. This information may be accessed or stored using a variety of technologies, including through the use of Tracking Technologies that may be placed onto your personal computer, browser, laptop, tablet, mobile phone or other device (a ”Device”) whenever you visit or interact with our MyChart Portal, depending on your Device’s settings. For more information on how we use Tracking Technologies, see below under the section “Tracking We Use on our MyChart Portal“. For details on how to manage your Device settings, please review <here>.
Automatically or passively collected information using Tracking Technologies may include:
- IP address and unique device identifier (“Device Identifier”).A Device Identifier is a unique number that is automatically assigned to a Device used to access the MyChart Portal, and our computers identify the Device by its Device Identifier;
- Device functionality (including browser, operating system, hardware, mobile network information);
- Referral URL to our MyChart Portal;
- The areas within our MyChart Portal visited and activities there, including remembering page visits, information searched for or clicked on, content viewed, and Device preferences;
- Device geographic location;
- Device characteristics, such as if it is a mobile phone or desktop; and
- Certain data concerning the state of the Device, such as the time of day, among other information.
We may use certain of this information to generate reports such as the number of page views, searches, clicks on certain pages, technical performance, and what the users find most useful or do not find useful on our MyChart Portal for the purpose of providing a better experience.
Why We Collect Information
We collect and store information that you provide to us on or directly through the MyChart Portal (including the MyMethodist Mobile App). We collect your information for a number of reasons, including to:
- Provide, maintain, and improve our MyChart Portal and provide you with relevant or personalized information;
- Enable you to participate in a survey, feedback request, assessment, contest, promotion or interactive areas of the MyChart Portal, and live audio and video during virtual events or meetings;
- Process your registration to the MyChart Portal;
- Process your requests, or requests on your behalf, for information and available services, directions to our facilities, online appointments and reminders, and other information we make available to you on the MyChart Portal;
- Send you notices, updates, and alerts;
- Provide support, customer service, and administrative messages;
- Respond to your comments and inquiries;
- Communicate with you about products and services offered by us and others, and to provide news and information about products, services, and events we think will be of interest to you;
- Plan, administer and coordinate events, community groups and outreach activities;
- Process financial assistance applications;
- Process a donation to Houston Methodist;
- Monitor and analyze trends, usage, and activities in connection with our MyChart Portal;
- Detect, investigate, and prevent fraudulent transactions and other illegal activities and protect the rights and property of Houston Methodist and others;
- Maintain appropriate records for internal administrative purposes;
- Comply with applicable laws, regulations, and court orders; and
- Carry out any other purpose described to you at the time the information was collected.
When We Share Information
Houston Methodist works with a number of third parties in the ordinary course of our business to provide the most optimal experience when you use our MyChart Portal and to facilitate and process your requests. The information we share will vary depending on the relationship we have with the third party, including in the following ways:
(a) Third-Party Service Providers and Representatives. We may share information with or receive information from third-party service providers, vendors, consultants, and representatives that perform services for Houston Methodist or support the MyChart Portal, subject to appropriate agreements as necessary with those third parties. Examples are vendors or representatives hosting the MyChart Portal, designing and/or operating the MyChart Portal’s features, tracking the MyChart Portal’s activities and analytics, and otherwise enabling us to perform other administrative services, and to support the purposes described in the section “Why We Collect Information.” Such third parties may store, collect, or otherwise have access to your information on our behalf when you interact with Tracking Technologies, content, tools, and apps on our MyChart Portal. You consent to this information collection, use, and third-party sharing.
(b) To Protect the Rights of Houston Methodist and Others. To the fullest extent permitted by applicable law, we may also disclose your information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety, or property of Houston Methodist or third parties (including through the enforcement of these MyChart Terms, and other applicable agreements and policies); and (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas, or court orders). To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.
(c) Affiliates and Business Transfer. We may share information within Houston Methodist (including with parent, subsidiary, and affiliate entities (collectively, “Affiliates”)). We also may disclose and transfer this information: (i) to a subsequent owner, co-owner, or operator of the MyChart Portal or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including during the course of any due diligence process.
(d) Corporate Governance. We will share this information as needed to support compliance and corporate governance functions.
Tracking We Use on our MyChart Portal
We may use various methods, tools, and technologies to store or collect information about your use of and access to our MyChart Portal (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies we may use include the following (and subsequent technology and methods later developed):
(a) Cookies. A cookie is a unique data file placed on a Device when it is used to visit our MyChart Portal. Cookies help enable your preferred web experience, allowing our MyChart Portal to recognize your Device and preferences, and to track your use of and interest in different parts of our MyChart Portal.
(b) Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs” or “clear GIFs”) may be included in our webpages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including to count visitors to the MyChart Portal, to monitor how users navigate the MyChart Portal, or to identify particular articles or links actually viewed.
(c) Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the MyChart Portal, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party, is active only while you are connected to the MyChart Portal, and is deactivated or deleted thereafter.
(d) Browser Fingerprinting. Collection and analysis of information from your browser used on your Device, such as your browser type, version, operating system, plug-ins, system fonts and other data, for purposes of identification.
(e) ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different Etag is assigned. Used in this manner, Etags are a form of Device Identifier. Etag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.
(f) Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).
Your Consent and Choices for Managing Tracking Technologies and Your Device Settings
We are giving you notice of the Tracking Technologies and your available choices regarding them so that your consent is meaningfully informed. You are responsible for managing any preference changes on your Device or browser.
Generally, certain Tracking Technologies may be rejected, disabled, or removed by tools that are available as part of most commercial browsers and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately, and different browsers offer different functionality and options in this regard.
Please be aware that if you disable or remove these Tracking Technologies some parts of our MyChart Portal may not work, and when you revisit our MyChart Portal, your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations. Further, the MyMethodist Mobile App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of the MyMethodist Mobile App) can only be disabled by uninstalling the MyMethodist Mobile App. To uninstall an app, follow the instructions from your operating system or Device manufacturer. For information on managing these preferences, visit All About Cookies at https://allaboutcookies.org/how-to-manage-cookies or consult your Device or browser provider.
Various third parties are developing or have developed signals or other mechanisms known as “do not track signals”. For instance, some browsers may have such signal options, although they differ as to if the signal is set as default or must be turned on by the user. Further, there is currently no standard as to what sites and app operators should do with regard to these signals. Currently, we do not monitor or take any action with respect to these signals or other mechanisms, although we may consider doing so if an understandable and practical standard is developed and widely adopted.
Securing Your Information
No data transmission over the Internet, mobile networks, wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us. Except as prohibited or limited under applicable law, you use our MyChart Portal and provide us with your information at your own risk.
Ownership of Information on the MyChart Portal
All material contained within the MyChart Portal is the sole property of Houston Methodist or its licensors. Any reproduction or redistribution of this material is prohibited without the express written consent of Houston Methodist. Any reproduction of illustrations or photographs appearing on these pages is strictly prohibited.
Endorsement of External Sites
As part of our effort to provide you with as much health-related information as possible, we feature external links from our MyChart Portal to other third-party websites on the Internet. We believe that you will find these websites useful; however, we do not endorse these websites. We are not responsible for their content or privacy practices. If you’re asked to supply information to those third parties, we encourage you to carefully read their privacy policies.
MyMethodist Mobile App
Houston Methodist’s MyMethodist Mobile App is intended to provide users with Device-level access to the MyChart Portal.
(a) Services Available Through MyMethodist Mobile App. If you are registered with MyChart Portal, the MyMethodist Mobile App lets you log in and access the information stored in your electronic health record (EHR) managed by Epic’s software, including medications, test results, and visit summaries, lets you send messages, schedule appointments, check-in online, and allows you to initiate virtual care visits.
(b) Information Collected by MyMethodist Mobile App. The MyMethodist Mobile App will use iOS and Android features to collect certain information to optimize the user experience, including:
- Geolocation (otherwise known as GPS location) may be collected to determine the region where the Device is located when accessing our Virtual Urgent Care through the MyMethodist Mobile App and to help identify the closest providers and facilities. The MyMethodist Mobile App will prompt you to access the location of the Device with the MyMethodist Mobile App.When enabled in the Device, you agree to this data collection.The Device geolocation is collected in the background.Location-based arrival requires access to the Device’s location in the background so that you do not need to have the MyMethodist Mobile App actively open.
- Bluetooth/BLE data may be collected to ensure proper connection to external Bluetooth-enabled or connected devices and peripherals (such as speakers or your car audio).
- WIFI connection and state to reduce video visit interruption.
- Active camera use for virtual video visits, enabling image capture, and transmitting videos.
- Other information needed to confirm, access, and manage stored information in the Device.
- Houston Methodist will use your Device’s camera functionality to capture photos and/or video during your virtual care visit.
- Houston Methodist will use your microphone to capture audio for virtual care visits.
- We may access your Device’s storage to read and write files, including photos, calendar, video, audio, and other media files you chose to share in the application, and transmit this information to Houston Methodist.
(c) Deletion of MyMethodist Mobile App. You can delete the MyMethodist Mobile App and associated user account. The MyMethodist Mobile App has an option to delete the user account within the app. Deleting the MyMethodist Mobile App will only delete the app and the associated data in the Device where it is installed, but will not result in the deletion of the user’s medical record maintained by Houston Methodist or the data retrieved from the Device prior to deletion. The medical records will remain available through the MyChart Portal. You can re-create a new account within the MyMethodist Mobile App to obtain access to your medical records. To delete or deactivate your MyChart Portal account, you must login in to the MyChart Portal and use the “Delete my Account” function in the portal.
Prohibited Conduct
You may not access or use, or attempt to access or use, the MyChart Portal to take any action that could harm us or any third party, interfere with the operation of the MyChart Portal, or use the MyChart Portal in a manner that violates any laws. For example, and without limitation, you may not:
- transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
- provide information on the enrollment form that is untrue, inaccurate, not current, or incomplete;
- transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
- transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the MyChart Portal to anyone without prior express permission;
- engage in unauthorized spidering, "scraping," or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- use any Device, software, or routine to interfere or attempt to interfere with the proper working of the MyChart Portal or any activity conducted on the MyChart Portal, or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the MyChart Portal; or
- engage in any other conduct that restricts or inhibits any person from using or enjoying the MyChart Portal, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Payment Authorization
By providing a credit card or other payment method accepted by Houston Methodist ("Payment Method") on the MyChart Portal, you are expressly agreeing that we are authorized to charge to the Payment Method payments to Houston Methodist, together with any applicable taxes. Please note that Houston Methodist may not receive complete information from your health insurance plan, if applicable, regarding the applicable co-pay due from you for your consultation. As such, you may be billed more than once with respect to a consultation to account for additional co-pay amounts due, if any.
You agree that authorizations to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify Houston Methodist of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services that correspond to consultation fees or the co-payment required by your health plan. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of United States law. In the case of an ACH transaction rejected for insufficient funds, Houston Methodist may at its discretion attempt to process the charge again at any time within 30 days.
Intellectual Property Rights
All content and other materials provided to you in the MyChart Portal are protected under the copyright laws of the United States and other countries. All such copyrights are owned by us or our third-party licensors to the full extent permitted under all applicable laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of such materials without our written consent. All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs reflected or included in the MyChart Portal, whether or not appearing in large print or with the trademark symbol, belong exclusively to Houston Methodist or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing herein or in the MyChart Portal confers on you any license or right under any patent or trademark of Houston Methodist, its affiliates, or any third party.
Password Security
You are solely responsible for the security of your username and password, and for any use of the MyChart Portal using your username and password. You should not share your username or password with any third party or allow any third party to access the MyChart Portal using your username and password. You agree to notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate your username and password at any time.
Age Policy
Houston Methodist is a non-commercial, nonprofit organization not subject to the Children’s Online Privacy Protection Act (“COPPA”). It is also a general audience service that does not knowingly collect personal information from children under the age of thirteen (13) through the MyChart Portal that requires parental notice and consent under COPPA. If you are a child under 13 years of age, you are not permitted to use the MyChart Portal and should not send any information about yourself to us through the MyChart Portal.
In the event that we become aware that we have collected personal information, as defined by COPPA, from any child, we will dispose of that information in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of 13 has provided us with personal information without COPPA-required consent, please contact us as set forth in Contact Us below.
Funding of Site
The MyChart Portal is from Houston Methodist and its Affiliates, located in the Texas Medical Center in Houston, Texas, and surrounding communities. The MyChart Portal are funded by Houston Methodist and its Affiliates.
Warranty Disclaimer
Your use of the MyChart Portal is at your own risk. Information accessed through the MyChart Portal, and the MyChart Portal themselves, are provided on an "AS IS" and “AS AVAILABLE” basis with all faults and without any warranty of any kind, express or implied.
TO THE FULLEST EXTENT PERMITTED BY LAW, HOUSTON METHODIST, ITS AFFILIATES, AND ALL RELATED PHYSICIANS OR OTHER ORGANIZATIONS (COLLECTIVELY, PROVIDER) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE MYCHART PORTAL, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE OR NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, PROVIDER DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) THE MYCHART PORTAL WILL MEET YOUR REQUIREMENTS, (II) THE MYCHART PORTAL WILL BE UNINTERRUPTED, TIMELY , SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MYCHART PORTAL WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE MYCHART PORTAL WILL MEET YOUR EXPECTATIONS, NEEDS OR REQUIREMENTS, AND (V) THAT ANY ERRORS ASSOCIATED THE MYCHART PORTAL WILL BE CORRECTED.
HOUSTON METHODIST IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET, OR YOUR INTERNET SERVICE PROVIDER (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS OUR MYCHART PORTAL. IN NO EVENT WILL THE PROVIDER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE MYCHART PORTAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE MYCHART PORTAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE MYCHART PORTAL OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE MYCHART PORTAL CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME AND PASSWORD. EXCEPT AS PROHIBITED OR LIMITED BY LAW, HOUSTON METHODIST CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE MYCHART PORTAL.
Limitations on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT HOUSTON METHODIST, ANY OF ITS PROVIDERS, AND ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE MYCHART PORTAL SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, ACCESS TO, OR PERFORMANCE OF THE MYCHART PORTAL (INCLUDING BUT NOT LIMITED TO A DELAY OR INABILITY TO USE THE MYCHART PORTAL, THE PROVISION OF OR FAILURE TO PROVIDE THE MYCHART PORTAL, OR FOR ANY INFORMATION, DIGITAL SERVICE AND RELATED GRAPHICS CONTAINED ON OR MADE AVAILABLE THROUGH THE MYCHART PORTAL), REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEABLE.
WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES ARE LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES YOU SUFFER OR INCUR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, ACCESS TO, OR PERFORMANCE OF THE MYCHART PORTAL SHALL BE LIMITED TO THE FEE PAID BY YOU IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES.
THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE A REASONABLE ALLOCATION OF RISK AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT HOUSTON METHODIST OFFERED THE SERVICE TO YOU IN RELIANCE ON THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED UNDER LAW, THE ABOVE LIMITATIONS SHALL BE APPLIED TO THE FULLEST EXTENT PERMITTED UNDER THE LAW.
Dispute Resolution
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE ARBITRATION OF CERTAIN DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE PROCEDURES BY WHICH YOU AND HOUSTON METHODIST CAN SEEK RELIEF.
(a) Agreement to Arbitrate and Jury Waiver. You and Houston Methodist mutually agree to resolve Disputes (as defined below) with Houston Methodist in arbitration, as set forth in more detail below. Both you and Houston Methodist waive the right to a jury trial on any Disputes, to the fullest extent of the law. The word “Disputes” means any disputes, claims, suits, actions, causes of action, losses, liabilities, and/or demands in any way relating to, in connection with, or arising out of the MyChart Portal or these MyChart Terms, including any past, currently pending, existing, or future Disputes of any kind. Disputes do not include, and this arbitration and class waiver provision does not apply to, claims by Houston Methodist employees related to the terms or conditions of their employment, claims by or on behalf of Houston Methodist patients for alleged medical malpractice, wrongful death, or similar personal physical injury or survivor claims related to a patient’s medical care at any Houston Methodist facility or by a Houston Methodist provider, individual actions brought in small claims court for Disputes fully within the scope of such court’s jurisdiction, or claims in which either party seeks injunctive or other equitable relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
(b) Class Action Waiver. Except as expressly set out below and to the maximum extent allowed by applicable law, you and Houston Methodist agree that each may bring claims against the other only in your or its individual capacity, on an individual basis, and that you and Houston Methodist each waive any right to pursue claims on a class, collective, non-individual, mass, or consolidated basis or in a representative proceeding. Except as otherwise expressly set out below, an arbitrator may not join or consolidate more than one person’s claims, and may not otherwise preside over any form of representative, collective, non-individual, mass, or class proceeding. Nothing in these MyChart Terms should be read to allow class arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, inapplicable, invalid, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All Disputes with respect to whether any other aspect of this Dispute Resolution provision and its terms are unenforceable, unconscionable, applicable, valid, void, or voidable shall be determined exclusively by an arbitrator, and not by any court.
(c) Pre-Arbitration Notice and Good Faith Negotiations. You and Houston Methodist also agree that each party will notify the other in writing of any Dispute before initiating arbitration, so that we can try to resolve the Dispute informally and individually. Notice by Houston Methodist will be sent to you at your last known street and email addresses on file, and notice by you to Houston Methodist will be sent by mail to Houston Methodist’s Legal Department at 6565 Fannin, D200, Houston, Texas 77030 Attn: General Counsel and to the following email address: RiskAttorneys@houstonmethodist.org. The notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and email address used for access to the online services, as well as a brief description of the Dispute, the amount of money (if any) at issue, and the specific relief sought. The notice must be signed and include your handwritten signature or the handwritten signature of a Houston Methodist employee, as applicable, depending on which party is initiating the Dispute. You and Houston Methodist then agree to negotiate personally, individually, and in good faith to try to resolve the Dispute. If and only if we cannot resolve the Dispute within 30 days after the notice is received, then either party may commence an arbitration proceeding with a written demand for arbitration. Any limitations period will be tolled from the date the Dispute is noticed to the other side until the expiration of this 30-day period. Compliance with this Pre-Arbitration Notice provision is a condition precedent and requirement for initiating any arbitration proceedings.
(d) Arbitration Procedures. To make arbitration as cost-efficient for the parties as possible, the parties agree to initiate any arbitration without using an arbitration service provider or administrator and to instead only serve directly on the other party a written arbitration demand setting forth the relevant facts and claims. The demand will be specific and individual to you and include the information and signature set out in the Pre-Arbitration Notice provision above. The delivery addresses for service of the written arbitration demand are the same as set out in the notice paragraph above. The arbitrator will then be selected through mutual agreement of the parties, and the arbitrator will be a licensed attorney or a retired judge. The parties may use an arbitrator from the lists of court-approved neutrals listed on the website for the U.S. District Court for the Southern District of Texas (linked here) or another mutually agreed-upon arbitrator, and the court will appoint an arbitrator under 9 U.S.C. § 5, if the parties cannot agree. The arbitration will be conducted in Harris County, Texas; your county of residence; or another mutually agreed location, and the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration. Any documents exchanged will not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and anyone not a party to the proceeding. The arbitrator will have the authority to award monetary damages and other remedies on an individual basis only to the extent available under applicable law and consistent with and subject to the limitations set forth in these MyChart Terms. Also, to the fullest extent allowed by law, the arbitrator may award declaratory or injunctive relief only in favor of you or Houston Methodist and only to the extent necessary to provide the relief warranted by your or Houston Methodist’s individual claim. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Except as modified by these MyChart Terms, the parties agree to conduct their arbitration pursuant to the JAMS General Arbitration Rules and Procedures, available here.
Should more than 50 individual arbitration demands be initiated by or against Houston Methodist, and either by or with the assistance of the same law firm or coordinated group, or seeking relief based on similar alleged conduct, then all of those arbitration demands will be administered in batches of up to 100 demands per batch with a single arbitrator for each batch and a single filing set of fees (e.g., if applicable, one filing fee, case management fee, and arbitrator compensation fee) per side per batch. You and Houston Methodist agree to cooperate in good faith to implement such a batch approach or similar approach for efficient resolution of claims, including as necessary the payment of single filing, case management, arbitrator, or administrative fees for batches of claims. If more than 50 individual arbitration demands are initiated by or against Houston Methodist, and either by or with the assistance of the same law firm or coordinated group, or seeking relief based on similar alleged conduct, and the batch approach process is deemed unenforceable, unconscionable, inapplicable, invalid, void or voidable, then the parties’ agreement to arbitrate, including the Agreement to Arbitrate and Jury Waiver provision above, shall also be null and void with respect to the parties in that batch of arbitrations.
(e) Arbitration Fees. The party initiating the arbitration will pay any filing, case initiation, or arbitrator fees, up to the amount that would be required to pursue the same claim in the U.S. District Court for the Southern District of Texas (currently, $402.00). For individual damages claims with less than $25,000 at issue, Houston Methodist will pay the additional, reasonable fees and costs of arbitration. For claims with more than $25,000 at issue, or where a party seeks injunctive or declaratory relief, the parties will share the fees and costs of arbitration equally. The parties’ good faith negotiation of reasonable fees with the arbitration provider is authorized as needed. If the arbitrator determines that your or Houston Methodist’s claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse the other party for any amounts that other party paid for the arbitration.
(f) Federal Arbitration Act. These MyChart Terms affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these terms of use.
(g) Forum Selection. For any Dispute not subject to arbitration, you and Houston Methodist agree to proceed in state and federal courts covering Harris County, Texas, and you agree to be subject to personal jurisdiction there, waiving any jurisdictional, venue, or inconvenient forum defenses or objections to those courts. If Houston Methodist does not enforce any rights under these MyChart Terms at any point, it will not be deemed a waiver of any provision or right under these MyChart Terms.
Choice of Law
The MyChart Portal is not intended to constitute the doing of business in any other jurisdiction other than Texas, nor to be a solicitation of business anywhere on behalf of Houston Methodist, and all other affiliated organizations and physicians, nor to constitute any contacts with any jurisdiction outside of Texas.
Except as set out in the Dispute Resolution provision set out above, these MyChart Terms is entered into and performed in the State of Texas, United States of America, and is governed by and shall be construed in all respects under the laws of Texas, exclusive of its choice of law or conflict of laws provisions that would apply other than Texas law.
Severability, Entire Agreement, and Modification
Except as set out in the Dispute Resolution provision above, if any of the provisions of these MyChart Terms are held not to be enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that these MyChart Terms shall otherwise remain in full force and effect.
These MyChart Terms constitutes the entire agreement between the parties pertaining to its subject matter. It may not be modified except as described elsewhere in these MyChart Terms. Anything in the MyChart Portal that is inconsistent with or conflicting with the terms of these MyChart Terms is superseded by these MyChart Terms.
Changes to these MyChart Terms
We reserve the right to change these MyChart Terms at any time in our sole discretion without prior notice to you. Any changes will be effective immediately upon the posting of the revised MyChart Terms here, and your use of the MyChart Portal indicates your consent to the updated MyChart Terms posted at the time of use. You should regularly review these MyChart Terms because you will be bound by any changes made, and continued use of the MyChart Portal constitutes agreement to any modified terms.
Contact Us
If you have any inquiries, or would like to update or changes to your information we currently have collected subject to these MyChart Terms, you may contact us using the information below.
Houston Methodist
Attn: Web Services Manager
2550 Holly Hall St.
Houston, TX 77054
webhelp@houstonmethodist.org
Complete our online form: https://www.houstonmethodist.org/contact/
