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Addenda to User Agreement

Practice Fusion FollowMyHealth Addendum

This PRACTICE FUSION FOLLOWMYHEALTH Addendum (“Addendum”) is an addendum to, is a part of, and incorporates by reference the Healthcare Provider User Agreement (“User Agreement”) between Practice Fusion, Inc., a Delaware corporation (“Practice Fusion,” “We” or “Us“) and the Provider of Record (“You” or “Your”). If You are not the Provider of Record as defined in the User Agreement, You represent that You are the Authorized Representative of the Provider of Record. Capitalized terms used but not defined in this Addendum shall have the meanings assigned to them in the User Agreement.

You are receiving this Addendum because You have chosen to receive Practice Fusion FollowMyHealth Services (“Practice Fusion FollowMyHealth Services”) further described in this Addendum. Your participation is voluntary. BY CLICKING “I AGREE,” YOU ARE ENTERING INTO THIS ADDENDUM AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS ADDENDUM. Please read this Addendum carefully, and do not click accept if You are unwilling or unable to be bound by this Addendum.

1. Your Obligations.

(a) You will be given administrative access to the Practice Fusion FollowMyHealth Services to manage patient invitations and other features. You are responsible for the security of any accounts and passwords. You shall secure and protect the Practice Fusion FollowMyHealth Services and access thereto in a manner consistent with the preservation of Practice Fusion's rights therein. You are also responsible for proper use of the accompanying Practice Fusion administrative tool and for timely and properly authorizing, maintaining, and terminating connectivity for Your authorized users, and for each applicable patient with respect to the connection between the patient and You and Your authorized users. You acknowledge that any patient may obtain access and connectivity to and use the Practice Fusion FollowMyHealth Services independent of this EA Agreement and Your patient service offering. Practice Fusion is not responsible for any misuse of any administrative, patient, or user account information that is associated with You or Your patients.

(b) You will not (and will ensure that all of Your personnel will not) do any of the following: (1) upload to or transmit through the Practice Fusion FollowMyHealth Services any defamatory, indecent, obscene, harassing, violent or otherwise reasonably objectionable material, or any material that is copyrightable subject matter or subject to trade secret protection, without permission from the copyright or trade secret owner(s); (2) use the Practice Fusion FollowMyHealth Services to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws or regulations of any jurisdiction; (3) intercept or attempt to intercept messages not intended for it; (4) misrepresent an affiliation with any person or organization; (5) upload or otherwise transmit files that contain a virus or corrupted data; (6) post "spam", transmit chain letters or engage in other similar activities; (g) advocate illegal activity or discuss an intent to commit an illegal act; (7) take any action or inaction that conflicts with the Terms of Use or Privacy Policy or that encourages, assists, or enables a patient to violate the Terms of Use or Privacy Policy; (8) connect to the Practice Fusion FollowMyHealth Services other than by the interfaces provided by Practice Fusion; or (9) decompile or reverse engineer the Practice Fusion FollowMyHealth Services ; grant any title, interest, lien, or option in or to the Practice Fusion FollowMyHealth Services ; or remove, alter, add any IP or other notice except for the co-branding expressly authorized by Practice Fusion under Section 4 below.

(c) You will not introduce any script or other software to the Practice Fusion FollowMyHealth Services unless and until such software, as well as Your installation, has been approved by Practice Fusion in advance.

(d) You will ensure all patient outreach complies with HIPAA and the 2015 TCPA Declaratory Ruling and Order.

(e) You will provide the following:(1) consistent patient identifiers across Your entities; (2) unique medical record numbers across Your facilities and entities; and (3) unique provider identification numbers across Your facilities and entities.

2. Patient Connectivity; Patient Data; HIPAA Authorization.

(a) It is acknowledged that although Practice Fusion contracts with You to make the Practice Fusion FollowMyHealth Services available to patients (or their personal representatives), Practice Fusion enters into separate agreements (namely, its then current Terms of Use and Privacy Policy) with and obtains specific authorization from each such patient for the release of information from You to Practice Fusion to populate the Practice Fusion FollowMyHealth Services. As such, Practice Fusion is a Business Associate under HIPAA when it offers the Practice Fusion FollowMyHealth Services on behalf of You, however, such Business Associate activities do not apply to the information when it is contained within the Practice Fusion FollowMyHealth Services; such information being maintained on behalf of the patient. As a vendor of Personal Health Records (as defined in 16 C.F.R. § 318) that provides services on behalf of Covered Entities (as defined in HIPAA) and that maintains that same Personal Health Record on behalf of patients, Practice Fusion is subject to the breach notification requirements of 45 C.F.R. § 164.410 administered by the Office of Civil Rights and 16 C.F.R. § 318 administered by the Federal Trade Commission.

(b) You shall have control as to which of Your patients are invited to connect to You through the Practice Fusion FollowMyHealth Services and interface with Your licensed EHR. You acknowledge and agree that You shall be solely responsible for verifying the identity of the patients associated with the contact information utilized to invite patients to use the Practice Fusion FollowMyHealth Services. Further, You will have the opportunity to determine which medical records may be transmitted by You to any given patient through the Practice Fusion FollowMyHealth Services. However, once You issue the invitation — or agrees to permit a patient who registered through the Practice Fusion FollowMyHealth Services separately or independently to connect to Your records — You acknowledge and agree that each patient retains the authority regarding whether to participate in the Practice Fusion FollowMyHealth Services and the level of communication the Practice Fusion FollowMyHealth Services will support between the patient and Your providers.

(c) In the event of any security breach or suspected security breach of the Practice Fusion FollowMyHealth Services which may impact copies of patient data maintained by Practice Fusion, as between Practice Fusion and You, Practice Fusion shall be solely responsible for sending out any security breach notifications required by 16 C.F.R. § 318. Nothing in this paragraph grants Practice Fusion or any patient any rights to, or makes Practice Fusion responsible for, copies of records or data maintained in Your electronic medical record system.

(d) the Practice Fusion FollowMyHealth Services may enable patients to communicate with Your medical providers (if so authorized by both You and the patient). As such, it may be possible for patients to request prescription refills or seek other medical consultation via the Practice Fusion FollowMyHealth Services. You acknowledge that, as between Practice Fusion and You, You are solely responsible for all prescription orders, medicine practiced or advice/information shared by You or Your providers through the Practice Fusion FollowMyHealth Services. Practice Fusion will not be liable for any inaccuracy in the prescriptions, the medications or the manner in which they are used or for any advice given by medical providers, except with respect to transmission failures and corruption of data resulting from errors in Practice Fusion's software and related technology.

3. Content. Any content available via the Practice Fusion FollowMyHealth Services is not a substitute for the professional judgment of healthcare providers in diagnosing and treating patients and the Practice Fusion FollowMyHealth Services is not designed for use in medical emergencies. Practice Fusion does not provide medical advice, nor does it provide medical or diagnosis services. Practice Fusion is not responsible for the accuracy, timeliness, completeness, appropriateness or helpfulness of any content whatsoever. Reliance by You and Your patients upon information and content obtained through the Practice Fusion FollowMyHealth Services is solely at the risk of You and Your users.

4. Use of Your Trademarks and Materials. As mutually agreed upon by the parties, Practice Fusion may co-brand the Practice Fusion FollowMyHealth Services (commonly referred to as a “skin”) using Your trademarks and other marks in addition to Practice Fusion's applicable marks. You hereby grant to Practice Fusion a worldwide, fully paid-up, royalty free, and sublicensable license to copy, modify, and otherwise use Your supplied marks and other applicable materials and information provided by You and/or Your personnel solely in connection with co-branding the Practice Fusion FollowMyHealth Services and otherwise performing Practice Fusion's obligations during the subscription term for the Practice Fusion FollowMyHealth Services. Practice Fusion will not alter Your supplied marks in any manner that would harm the goodwill associated with such marks.

This Addendum together with the User Agreement constitute the entire agreement between You and us regarding the Practice Fusion FollowMyHealth Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Except as otherwise provided herein, no modification, amendment, or waiver of any provision of this Addendum will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. In the event of any conflict between the terms and conditions of this Addendum and the User Agreement, the terms and conditions of this Addendum shall control.

PLEASE READ BEFORE CLICKING “I AGREE” AND
ENTERING INTO THIS AGREEMENT

By signing this Agreement, You are representing to Practice Fusion, Inc. and its affiliates that You have the legal authority to bind Your practice, that means every provider in Your practice, to this Addendum. You understand that this means that Practice Fusion and its affiliates will be able to access, use and disclose patient information for every provider in Your practice for purposes of Practice Fusion Billing Services as a result of Your entering into this Addendum.