Website and digiChart^® OB-GYN Use Agreement

Your use of this website and the digiChart OB-GYN Service signifies your agreement to the terms and conditions set forth below.  If you do not agree to these terms and conditions, you should not access this website or use the digiChart OB‑GYN Service and should use your browser’s “Back” button to exit this website and inform your practice administrator.  If you select the “Login” icon above, you hereby acknowledge and agree to the following:

1.       The digiChart OB-GYN Service does not provide medical advice.  YOU SHOULD NOT SOLELY RELY ON INFORMATION PROVIDED THROUGH THIS WEBSITE OR THE DIGICHART OB-GYN SERVICE OR USE THE DIGICHART OB-GYN SERVICE TO REPLACE YOUR DUTY TO ADHERE TO THE REQUIRED STANDARD OF CARE IN YOUR MEDICAL COMMUNITY OR PROFESSIONAL MEDICAL JUDGMENT INCLUDING WITHOUT LIMITATION, WITH RESPECT TO DECISIONS ABOUT MEDICATIONS, DIAGNOSIS OF DISEASES, DETERMINING TREATMENTS OR PERFORMING ANY OTHER TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE.  YOU AGREE THAT YOUR USE OF THIS WEBSITE AND THE DIGICHART OB-GYN SERVICE SHALL NOT DIMINISH YOUR RESPONSIBILITY FOR PATIENT CARE.

2.      Privacy.  The patient information accessed through this website and contained in the digiChart OB-GYN Service is confidential in accordance with state and federal law, including without limitation the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  Please consult your practice’s Privacy Policies to determine whether your use or disclosure of this information is appropriate.  digiChart may monitor your use of this website and the digiChart OB-GYN Service and may use any information collected through your use of this website and the digiChart OB-GYN Service in accordance with digiChart’s Privacy Policy.  digiChart’s Privacy Policy can be accessed at the following link:

3.      Links to other Websites.  This website may contain links and pointers to other Internet sites, resources, and sponsors.  Links to and from this website to other third party sites, maintained by third parties, do not constitute an endorsement by digiChart.  Please consult the terms and conditions of use and privacy policies of these other sites prior to using the other sites.

4.    Copyrights and Trade Secrets. All rights, title and interest in and to any trademarks, service marks, trade names, logos, copyrights and other proprietary rights appearing on this website are owned by digiChart and/or its licensors, and the structure, organization and code of the digiChart OB‑GYN Service and this website are the valuable trade secrets of digiChart and/or its licensors. You acknowledge that no title to the intellectual property in digiChart OB-GYN Service is transferred to you, and that you do not obtain any rights, express or implied, in the digiChart OB-GYN Service other than the rights expressly granted in the subscription agreement executed by your practice (“Subscription Agreement”).  You will abide by any and all additional copyright and trademark notices, information, or restrictions contained herein or in the Subscription Agreement.

a.     AMA - CPT Codes, descriptions, and material only are copyright 2002 American Medical Association.  All Rights Reserved. No fee schedules, basic units, relative values or related listings are included in CPT. AMA does not directly or indirectly practice medicine or dispense medical services.  AMA assumes no liability for data contained or not contained herein.  CPT is a trademark of the American Medical Association.

b.     Medcin Nomenclature - NOTICE: By using this program, health care provider agrees that this product is not intended to suggest or replace any medical decisions or actions with respect to the patient's medical care and that the sole and exclusive responsibility for determining the accuracy, completeness, or appropriateness of any diagnostic, clinical, billing or other medical information provided by the program and any underlying clinical database resides solely with the health care provider. Licensor assumes no responsibility for how such materials are used and disclaims all warranties, whether expressed or implied, including any warranty as to the quality, accuracy or suitability of this information and product for any particular purpose.

5.      Discontinuation/Change in the Service.  Subject to the Subscription Agreement, digiChart may change, suspend or discontinue any aspect of the digiChart OB-GYN Service or this website at any time, and may also impose limits on certain features and services or restrict your access to parts or all of the website or the digiChart OB-GYN Service without notice or liability. 

6.      No Virus/Misleading Information. You represent, warrant and covenant that, to the best of your knowledge, you shall not upload, post or transmit to or through the website or the digiChart OB-GYN Service any file that: (i) contains a computer virus or other harmful component; or (ii) contains false or misleading information. 

7.      No Warranties.  EXCEPT AS EXPRESSLY SET FORTH IN THE SUBSCRIPTION AGREEMENT, DIGICHART DOES NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  DIGICHART GIVES NO WARRANTY, ASSURANCE OR GUARANTEE IN RELATION TO THE PERFORMANCE, FEATURES OR COMPATIBILITY OF CO-OPERATING ELECTRONIC MAIL NETWORKS, OR COMPATIBILITY OF CONTENT OR OTHERWISE OF ANY INTERCONNECTED INTERNET SERVICE OR HOST COMPUTER CONNECTED TO THE INTERNET SERVICE.

8.      Governing Law; Jurisdiction; Venue.  This agreement shall be governed by the laws of the State of Tennessee, without respect to its conflicts of law provisions.  You agree that the courts of the State of Tennessee for Davidson County or any federal district court having jurisdiction in Davidson County shall have jurisdiction and shall be the proper location for the determination of all disputes arising under this agreement. You waive trial by jury in any action between the parties.  Any cause of action against digiChart arising out of or in connection with this agreement shall be instituted and served upon digiChart not later than eighteen (18) months following the occurrence of the first event giving rise thereto.  Any cause of action against digiChart not instituted within that time period shall be deemed waived.

9.      Entire Agreement; Waiver.  digiChart reserves the right, at its sole discretion, to change, modify, add or remove any portion of this agreement, in whole or in part, at any time. Notification of changes in the agreement will be posted on this website. The Subscription Agreement and this agreement constitute the entire agreement between the parties in connection with the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties. The waiver, amendment or modification of any provision of this agreement or any right, power or remedy hereunder shall not be effective unless made in writing and signed by digiChart.  No failure or delay by digiChart in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof.