Terms of Use

The Ascend Medical "application" comprises the Ascend Medical mobile app and website. The application provides you with access to a variety of health information, resources, and interactive tools. This application, including any updates, enhancements, and new features are subject to the following "Terms of Use". By accessing and using the application, you agree to the Terms of Use and all applicable laws. If you do not agree to the Terms of Use, you are not permitted to access the application or the materials within the application. Artemis Practice Services Georgia, LLC (d/b/a Ascend Medical) ("Ascend Medical") and Amenities reserves the right to update or change the Terms of Use or the application at any time without notice to you.

We offer registration on the application for a single sign-on experience. In order to register, you will be requested to provide certain information such as name, date of birth, telephone number, social security number, and email address. We may use the email you provide to confirm your registration, to respond to questions, or notify you if there is a problem with any registrations. We may also send emails, SMS messages or push notifications, with your permission, on special promotions or newsletters that we think may be of interest to you. Please keep all your registration information confidential and in a secure place. You are responsible for all activities that occur under your account.

To access the application, you will create a unique username and password. This username and password uniquely identifies you in the application computer system. Your inquiries and entries made via the application will be logged with your identity. It is extremely important to keep your application username and password completely confidential. If at any time you feel that the confidentiality of your password has been compromised, you should change it by going to the Settings section of the application. Ascend Medical takes no responsibility for and disclaims any and all liability or consequential damages arising from a breach of medical record confidentiality resulting from your sharing or losing of your password.

If Ascend Medical discovers that you have inappropriately shared your password with another person, or that you have misused or abused your Application access privileges in any way, your participation in the application may be discontinued by Ascend Medical without prior notice.

You understand that enrollment in the Application is contingent on verification of your identity by Ascend Medical staff or through your mobile device. If you choose to verify your identity through your mobile device, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Ascend Medical or our service provider for the duration of your business relationship solely to help us identify you or your wireless device and to prevent fraud.

The application should never be used to communicate urgent or emergent matters. For all urgent or emergent matters that may immediately affect your health or well-being, go to the nearest emergency department of a local hospital, and/or dial 911.

By entering your contact information, you have authorized Ascend Medical to send you notifications and other communications.

You can communicate with your Ascend Medical care team via the messages section in the application. These messages may contain information that is important to your health and medical care. Content of these messages may be stored in your permanent medical record. You should allow approximately two (2) business days for a response.

Your communications may be shared with Ascend Medical staff who assist the care team in providing your medical care. Your confidential medical information will be accessible to appropriate staff.

With respect to any communications sent about your care, Ascend Medical is only able to respond to such communications based on the information you provide. Communications through the application should be in regard to your own health condition(s) or another person via their account for which you have proxy access. Asking for advice on behalf of another person could potentially be harmful and is a violation of these Terms of Use. Ascend Medical does not assume any responsibility for health information or services used by persons other than the application account holder or its proxy.

If you provide incomplete or incorrect information, Ascend Medical may be unable to provide accurate and reliable service(s). In this event you agree not to hold Ascend Medical or its providers liable for any loss, injury, or claims of any kind resulting from application messages. You also agree not to hold Ascend Medical or its providers liable for any loss, injury, or claims of any kind resulting from application messages resulting from your failure to review application messages in a timely manner.

Use of the application alone does not create a provider-patient relationship.

The application contains selected, limited medical information from your medical record and does not reflect the complete contents of your medical record. A paper copy of your medical record may be requested from the Health Information Management Department at Ascend Medical. For any detailed explanation of your health information, you should contact your Ascend Medical care team.

Activities within the application may be tracked by computer audit and entries you make may become part of your medical record.

Ascend Medical reserves the right to terminate or limit your ability to utilize application in the event of any profane, harassing or otherwise inappropriate use as determined by Ascend Medical in its sole discretion.

An individual must be 18 years of age or older to request a personal account. Parents or guardians of minor children (less than 18 years old) may request access to their minor child's account by following the terms outlined in this section.

These age range limitations in the application do not affect any legal right you have to access your minor child's medical record by other methods. You can request a copy of your child's medical record from the Health Information Management Department at Ascend Medical.

A "proxy" is an individual who has access to another individual's health records. An adult may request proxy access to another individual's account or their minor child's account.

Once an account is activated for both the proxy and the account holder, the account holder must inform Ascend Medical immediately if the proxy's legal relationship with the account holder changes.

Ascend Medical reserves the right to revoke proxy access at any time for any reason.

Medical information stored on the application is given the same degree of confidentiality as medical information stored by Ascend Medical in any other medium. Ascend Medical is committed to protecting the confidentiality of medical information. We have taken steps to make medical information in the application secure against unauthorized access and use. We limit Ascend Medical staff's access and ability to enter or view information based upon their role in your care. Firewalls, passwords, encryption, and audit trails are further used to safeguard your medical information. We identify records released and note the time and date of access each time an account holder accesses the application.

You may be notified via email, SMS, and/or push notification when there is new medical information to be viewed in the application. Therefore, any person with access to your email or phone will be able to see this notification. The notifications will not contain private medical information. However, the notification that new medical information is available by accessing the application may be information that you do not want others to know. You should take this into account when providing an email address and phone number.

Ascend Medical provides an electronic billing and communication service ("Paperless Billing and Communication") to our patients. By enrolling in the application, you have been automatically enrolled in Paperless Billing and Communication and you will receive billing statements and other communications electronically.

You can opt out of Paperless Billing and Communication and receive paper statements and communication at any time by visiting the Billing section of your account in the application.

By accessing the application, you authorize Ascend Medical to establish and maintain a profile of your billing documents and other communications that are to be delivered electronically in a manner supported by Paperless Billing and Communication. Paperless Billing and Communication may include email, phone, and/or text correspondence.

Ascend Medical may revert the delivery method back to paper communication if: you do not access your profile to view your documents once they are available, your account has an unresolved balance, or for other reasons as determined by Ascend Medical in its sole discretion.

You remain responsible for the payment of charges even if the electronic delivery was not received. If your payment is not received within 30 days from when the final notice is issued, your account may be placed with a collection agency. This could include reporting this debt to the credit bureaus Ascend Medical IS PROVIDING PAPERLESS BILLING AND COMMUNICATION AS IS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Ascend Medical DOES NOT WARRANT THAT PAPERLESS BILLING AND COMMUNICATION IS ERROR-FREE, OR THAT ACCESS TO AND USE OF PAPERLESS BILLING AND COMMUNICATION WILL BE UNINTERRUPTED OR ERROR-FREE.

· By agreeing to the application Terms of Use, you will be subscribed to receive requested text messages from Ascend Medical related to your health and medical care. Examples of messages you may receive include notification of new test results, appointment reminders, messages from your care team, and more.

· You can cancel the SMS service at any time. Just text "STOP" to the short code. Please note that texting "STOP" will cancel all messages from the Application, including ones that may be important for patient safety. If you'd prefer to opt out of specific notification types instead of turning all SMS notifications off, you can do so within the Settings section of the Application. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, reply "START", and we will start sending SMS messages to you again.

· Carriers are not liable for delayed or undelivered messages.

· As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

· If you have any questions regarding privacy, please read our Privacy Policy.

Ascend Medical takes no responsibility for and disclaims any and all liability arising from any inaccuracies or defects in software, communication lines, virtual private network, the internet, your internet service provider (ISP), access system, computer hardware or software, or any other service or device that you use to access the Application. You understand that the application may not be available at all times due to system failures, back-up procedures, maintenance, or other causes beyond the control of Ascend Medical or Amenities. Access is provided on an "as-is, as-available" basis and Ascend Medical does not guarantee access to the application at any time. During times when the application is unavailable, other communication methods (e.g., telephone) should be used to access Ascend Medical.

You understand that access to this application is provided by Ascend Medical as a convenience to our patients and that Ascend Medical has the right to deactivate access to the application at any time for any reason. You understand that use of application is voluntary, and you are not required to use the application or to authorize an application proxy.

Upon receiving any care from Ascend Medical and any provider providing care to me, I have assigned my rights of recovery from any Responsible Party to Ascend Medical and any provider providing care to me. I understand that I may not assign, waive, compromise, or settle any rights or causes of action that I may have against any Responsible Party, person, or entity who causes an injury or illness treated by a Ascend Medical affiliated provider, without the express prior written consent of Ascend Medical. This right is independent, separate, and apart from any other right acquired by Ascend Medical. I also agree to reimburse, first, Ascend Medical for services provided out of any claim made against a Responsible Party. I acknowledge that for any financial assistance, uninsured patient discount, or any other discount from Ascend Medical covering medical benefits for illness or injury caused by an act or omission of a Responsible Party, Ascend Medical reserves the right to reconsider and reverse the financial assistance, uninsured patient discount, or any other discount. Financial assistance, uninsured patient discount, or any other discounts/adjustments are considered an action of last resort. Therefore, Ascend Medical reserves the right to dismiss, or reverse any such adjustments or discount on any account at any time. For purposes of this document, a Responsible Party includes any of the following: a tortfeasor individually, a tortfeasor's insurance company, any underinsured / uninsured automobile insurance coverage that provides benefits to a patient, no fault insurance coverage, any award, settlement or benefit paid under any worker's compensation law, claim or award, any indemnity agreement or contract, and/or any other payment for a patient as compensation for injuries sustained or illness suffered as a result of the negligence or liability of any individual or entity.

Physicians provide clinical services as members of the medical staff at one of Ascend Medical entities, community or affiliated medical centers or physician groups. They do not provide clinical services as employees or agents of Artemis Practice Services GA, LLC.

The application may incorporate or link content, tools, features and applications provided by third parties (collectively, "Third-Party Services"). Ascend Medical does not recommend and does not endorse any Third-Party Services. Ascend Medical is not responsible for Third-Party Services. Ascend Medical does not make any representation or warranty regarding the content or accuracy of Third-Party Services. Your use of Third-Party Services is at your own risk and subject to the terms and conditions of use for such Third-Party Services. When clicking on a link to Third-Party Services, please take a moment to review the privacy statement of the third party you are linking to, as well.

Please see the Ascend Medical Privacy Policy disclosures relating to the collection and use of your information.

Certain activities are prohibited on this application and on the network and servers supporting this application. Prohibited activities include but are not limited to:

· Using the application in such a manner as to damage, destruct, impair in any way, disable, overburden, or introduce computer viruses or other malicious software to the application

· Attempting to access restricted areas of the application through any means

· Using slanderous or profane language in any areas involving communications on the application

· Interfering with the use of this application by another party

· Modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any information or services obtained from the application

· Decompiling, reverse engineering, reverse assembling or attempting to discover any source code or underlying ideas or algorithms of the application

· Selling, assigning, sublicensing, renting, leasing, loaning, distributing or otherwise transferring the application

· Removing or altering any trademark, logo, copyright or other proprietary notices in the application

The items listed above are prohibited whether done directly or indirectly and whether done with respect to all or just a part of the application. We reserve the right to terminate or deny access to you if you engage in anything we determine to be a prohibited activity.

The trademarks, logos, and service marks (collectively, "Trademarks") displayed on this application are registered and unregistered Trademarks of Ascend Medical, Amenities, and other Third-Party content providers. No Trademark displayed on this application may be used without written permission of the owner of such Trademarks. Misuse of these Trademarks, or any other content on this application, is strictly prohibited. Ascend Medical will enforce its intellectual property rights. Any rights not expressly granted herein are reserved.

You may not copy, reproduce, republish, post, retransmit, or distribute in any way any of the information contained in the application without prior written consent of Artemis Practice Services Georgia LLC (Ascend Medical).

The Digital Millennium Copyright Act (the "DMCA") provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this Site infringes a valid copyright owned by you, you (or your agent) may send Ascend Medical a notice requesting that the material be removed, or access to it blocked. This request should be sent to: support@ascendmedical.com; or to: Ascend Medical, 3560 Lenox Rd NE, Suite 1230, Atlanta, GA 30326.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to the address above

You acknowledge these Terms of Use and understand their contents.