The agreement between you and RecordsFlow when you create an account to get copies of your medical records.
These End User Terms of Use (these “Terms”) are a legal agreement between you, the individual creating a RecordsFlow account, and RecordsFlow LLC (“RecordsFlow,” “we,” “us,” or “our”). Your law firm invited you to RecordsFlow so that you can obtain copies of your own medical records and share them with your law firm. Read these Terms and our Privacy and Security Notice (the “Notice”) before you continue. By clicking “I agree,” creating an account, or using RecordsFlow, you accept and agree to be bound by these Terms. If you do not agree to these Terms, do not create an account or use RecordsFlow. Accepting these Terms does not give your consent to our collection or sharing of your health information. We ask for that consent separately, as described in Section 3.
THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER (SECTION 11). UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 11.5, YOU AND RECORDSFLOW AGREE THAT ANY DISPUTE BETWEEN US WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND YOU GIVE UP YOUR RIGHT TO HAVE A DISPUTE DECIDED BY A JUDGE OR JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES, A RELEASE OF CLAIMS, AND A LIMITATION OF OUR LIABILITY (SECTION 9) THAT LIMIT OUR OBLIGATIONS TO YOU AND THE REMEDIES AVAILABLE TO YOU. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS.
In plain terms: RecordsFlow retrieves copies of your medical records at your request and delivers them to you and to your law firm. We do not charge you. We do not create, review, or verify the records, and we are not your lawyer or your health care provider. If you have a problem with a record, your health care provider or your law firm is usually the right place to start. If you have a problem with RecordsFlow, Section 11 explains how we will resolve it.
RecordsFlow provides individual access services under the Trusted Exchange Framework and Common Agreement (“TEFCA”). With your Consent, we retrieve copies of your medical records from health care providers connected to the TEFCA network and deliver them to you and to the law firm that invited you (“your Law Firm”) at the same time.
RecordsFlow is a request-only individual access service. You can use RecordsFlow to obtain your records. You cannot use RecordsFlow to send your health information to health care providers or other organizations on the TEFCA network.
RecordsFlow is not your lawyer and is not a health care provider. We do not give legal or medical advice. Your relationship with your Law Firm is governed by your agreement with your Law Firm, not by these Terms.
You must be at least 18 years old and be the person whose records will be requested, or that person’s legal representative with authority to act for that person.
You will create an account with your email address and a password and will enable two-factor authentication. Keep your credentials confidential. You are responsible for activity under your account.
Before any record can be requested, you will verify your identity through CLEAR, a third-party identity verification provider, to the level that TEFCA requires. CLEAR’s own terms and privacy policy govern its verification process. Your verification is valid for six months, after which you will need to verify again before further requests can be made.
Before we request any of your records, we will ask for your consent on separate consent screens. Those screens describe the health information we will collect and share, why we collect and share it, with whom we share it, and how you can withdraw your consent (your “Consent”). Your Consent is separate from these Terms, and accepting these Terms does not give it. We will not request records for you unless you have given your Consent and it remains in effect. We keep a record of your Consent. We will not sell your information, use it for marketing, or receive payment for it, and we do not de-identify it. If RecordsFlow ever intends to sell information or use it for targeted advertising, a separate, labeled consent is required by the TEFCA IAS Provider Requirements SOP § 4.2.
You may revoke your Consent at any time in the app, either for your Law Firm’s access to a single record or for all records. Step-by-step instructions are available in the app and in the Notice. When you withdraw your Consent for a record, your Law Firm can no longer open, view, or export that record on RecordsFlow, and you keep access to it. When you withdraw your Consent for all records, we will stop retrieving records for you and will delete your account as described in Section 4.2. Revocation does not undo anything that happened before it, and your Law Firm may already have exported copies of records to its own files. Talk to your Law Firm about copies in its files.
You may delete your account at any time. We will delete your information, other than audit logs and information that law requires us to keep, within the period stated in the Notice. Deleting your account ends your Law Firm’s access to your records through RecordsFlow.
You may view, download, and export your records and the information we hold about you in a machine-readable format at any time while your account is open.
Your account and your records remain on RecordsFlow until the earliest of: (a) you delete your account or withdraw your Consent for all records; (b) your Law Firm closes your matter on RecordsFlow; (c) your Law Firm ends its relationship with you; or (d) your Law Firm’s agreement with RecordsFlow ends. When any of these occurs, we will delete your account and your records as described in the Notice, and they will no longer be available to you or to your Law Firm. Download any records you want to keep before your account is deleted.
We do not charge you. Your Law Firm decides which requests to submit for you, and you may ask your Law Firm which requests it has made. We are not responsible for how your Law Firm uses your records after we deliver them, and we do not give you legal advice about your Law Firm’s requests.
Your Law Firm is an independent user of RecordsFlow under its own separate agreement with us. Your Law Firm is not our agent, partner, or representative, and we are not your Law Firm’s agent. We do not supervise, direct, or review your Law Firm’s decisions about which records to request, when to request them, or how to use, store, share, or protect them once delivered, and we have no duty to monitor your Law Firm’s compliance with its own obligations to you. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACT, OMISSION, ADVICE, DELAY, DATA BREACH, OR OTHER CONDUCT OF YOUR LAW FIRM OR ITS PERSONNEL, FOR ANY REQUEST YOUR LAW FIRM SUBMITS OR FAILS TO SUBMIT FOR YOU, OR FOR THE HANDLING OR OUTCOME OF YOUR LEGAL MATTER. Any dispute you have with your Law Firm, including about its use of your records, is solely between you and your Law Firm and is governed by your agreement with it, not these Terms.
We deliver records as the health care provider sends them. We do not change, summarize, or combine them. We cannot guarantee that every provider is connected to the TEFCA network, that a provider will respond to a request, or that the records a provider sends are complete or accurate. If you believe a record is wrong, contact the provider that created it.
The Notice describes the information we collect, how we use and share it, how long we keep it, how we protect it, how to withdraw your Consent, and your rights. We may update the Notice as described in it.
We will notify you if we reasonably believe a security incident has affected your information. If we receive a subpoena or other legal demand for your information, or provide your information to law enforcement, we will notify you within three business days unless the law prohibits us from doing so.
We will post changes to the Notice before they take effect and will make reasonable efforts to tell you about material changes.
You will use RecordsFlow only to obtain your own records or the records of a person you are legally authorized to represent. You will not share your credentials, attempt to access another person’s records, or interfere with the service.
This Section 9 limits what you can recover from RecordsFlow and the people and companies that help us provide the Service. It applies to the fullest extent permitted by the law of the state where you live.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE APP, AND ALL RECORDS AND INFORMATION DELIVERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. RECORDSFLOW AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (TOGETHER, THE “RECORDSFLOW PARTIES”) DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE. WITHOUT LIMITING THE FOREGOING, THE RECORDSFLOW PARTIES DO NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY HEALTH CARE PROVIDER IS OR WILL REMAIN CONNECTED TO THE TEFCA NETWORK OR WILL RESPOND TO ANY REQUEST; (C) ANY RECORD WILL BE AVAILABLE, OR THAT ANY RECORD DELIVERED WILL BE COMPLETE, ACCURATE, CURRENT, LEGIBLE, OR SUITABLE FOR ANY PURPOSE, INCLUDING ANY LEGAL CLAIM OR PROCEEDING; OR (D) ANY DEFECT WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANY RECORDSFLOW PARTY OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
RecordsFlow is a technology service that transmits records. Nothing in the service or any record is legal, medical, or other professional advice from RecordsFlow, and the RecordsFlow Parties have no duty to review, interpret, or evaluate any record. Rely on your Law Firm for legal advice and on your health care providers for medical advice.
Health care providers, the TEFCA network and its participants, CLEAR, and your Law Firm are independent third parties that we do not control. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS, OMISSIONS, DELAYS, ERRORS, SYSTEMS, OR SECURITY OF ANY THIRD PARTY, INCLUDING THE CONTENT OF ANY RECORD, A PROVIDER’S FAILURE TO RESPOND, OR YOUR LAW FIRM’S USE, DISCLOSURE, STORAGE, OR RETENTION OF YOUR RECORDS AFTER WE DELIVER THEM.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE AND FOREVER DISCHARGE THE RECORDSFLOW PARTIES FROM ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND DAMAGES OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, THAT ARISE OUT OF OR RELATE TO (A) THE ACTS OR OMISSIONS OF ANY HEALTH CARE PROVIDER, TEFCA NETWORK PARTICIPANT, CLEAR, OR YOUR LAW FIRM; (B) THE CONTENT, ACCURACY, COMPLETENESS, TIMELINESS, OR UNAVAILABILITY OF ANY RECORD; (C) YOUR LAW FIRM’S USE, DISCLOSURE, OR RETENTION OF YOUR RECORDS OR THE OUTCOME OF ANY LEGAL MATTER; OR (D) ANY DISPUTE BETWEEN YOU AND YOUR LAW FIRM, A HEALTH CARE PROVIDER, OR ANY OTHER THIRD PARTY. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” IF YOU LIVE ELSEWHERE, YOU WAIVE ANY COMPARABLE LAW OF YOUR STATE OR COUNTRY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, LOST PROFITS OR OPPORTUNITIES, EMOTIONAL DISTRESS, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR ANY RECORD, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL, CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR ANY RECORD, UNDER ANY LEGAL THEORY, WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THIS LIMIT IS YOUR SOLE AND EXCLUSIVE MONETARY REMEDY AGAINST THE RECORDSFLOW PARTIES.
The disclaimers, release, exclusions, and limitations in this Section 9 apply to the fullest extent permitted by law and do not limit or exclude any liability that cannot be limited or excluded under applicable law, including liability for fraud, or for gross negligence or willful misconduct where the law does not permit it to be limited. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of certain damages, so some of the above may not apply to you, and you may have additional rights under the laws of the state where you live. You acknowledge that the Service is provided to you at no charge, and that the disclaimers and limitations in this Section 9 are a fundamental basis of the bargain between you and RecordsFlow, reflect a reasonable allocation of risk, and will apply even if any limited remedy fails of its essential purpose.
To the fullest extent permitted by applicable law, any claim or cause of action you have arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim or cause of action arose, or it is permanently barred.
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the RecordsFlow Parties from any claim, loss, or expense (including reasonable attorneys’ fees) brought by a third party that arises out of your violation of Section 8 (Acceptable Use), your attempt to obtain records of a person you are not authorized to represent, or your misrepresentation of your identity or authority.
You may stop using RecordsFlow at any time by deleting your account. We may suspend or close your account if you violate these Terms. If your Law Firm’s subscription ends, your account and records will be deleted as described in Section 4.4.
Most concerns can be resolved quickly and informally. Before starting an arbitration or filing a claim in court, you agree to first send us a written notice of dispute to the contact in Section 12 that includes your name, the email address on your account, a description of the dispute, and the relief you are seeking. We will do the same if we have a dispute with you. You and RecordsFlow will try in good faith to resolve the dispute within sixty (60) days after the notice is received. If we cannot, either of us may proceed under Section 11.2. Any applicable limitations period is tolled during this sixty (60) day period.
If a dispute is not resolved under Section 11.1, any dispute, claim, or controversy between you and RecordsFlow arising out of or relating to these Terms, the Notice, or the Service (including whether a dispute is subject to arbitration) will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court, and either party may seek an injunction in court to stop unauthorized use or disclosure of information. The arbitrator will apply these Terms and Oregon law, may award the same relief a court could award to you individually, and will conduct any hearing in the county where you live or by video. The AAA rules and forms are available at www.adr.org. The Federal Arbitration Act governs this arbitration agreement. RecordsFlow will pay the arbitration filing and arbitrator fees that exceed the amount you would pay to file in court. BY AGREEING TO ARBITRATION, YOU AND RECORDSFLOW EACH GIVE UP THE RIGHT TO HAVE A DISPUTE DECIDED BY A JUDGE OR JURY.
YOU AND RECORDSFLOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person or preside over any class or representative proceeding. If this Class Action Waiver is found unenforceable as to a particular claim, that claim will be decided in the state or federal courts located in Oregon, and the arbitration agreement will continue to apply to all other claims.
TO THE FULLEST EXTENT PERMITTED BY LAW, IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND RECORDSFLOW EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.
Arbitration is not mandatory. You may opt out of the arbitration agreement, the Class Action Waiver, and the Jury Trial Waiver by emailing privacy@recordsflow.com within 30 days after you first accept these Terms, stating your name, the email address on your account, and that you opt out of arbitration. Opting out will not affect your ability to use RecordsFlow. If you opt out, disputes will be resolved in the state or federal courts located in Oregon, unless the law of the state where you live gives you the right to bring them elsewhere.
Except as provided in Section 11.3, if any part of this Section 11 is found to be unenforceable, the remainder will be enforced to the fullest extent permitted by law. This Section 11 survives the closing of your account and the termination of these Terms.
These Terms and any dispute between you and RecordsFlow are governed by the laws of the State of Oregon, without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs Section 11. If you live in a state whose consumer protection laws give you rights that cannot be waived by agreement, those rights are not affected by this Section.
We may update these Terms. We will post the updated Terms in the app and notify you by email at least 30 days before material changes take effect. If you continue to use RecordsFlow after that date, the updated Terms apply.
These Terms are the entire agreement between you and RecordsFlow about the Service and replace any prior understandings about the Service. Your Consent and the Notice are separate from these Terms. They do not change your agreement with your Law Firm. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect.
You may not assign or transfer these Terms or your account. RecordsFlow may assign these Terms in connection with a merger, acquisition, or sale of assets, or to an affiliate, and will notify you if it does. Our failure to enforce any provision is not a waiver of our right to do so later.
Questions, complaints, or notices of dispute under Section 11.1 about privacy or these Terms: privacy@recordsflow.com; 503.400.6877; RecordsFlow LLC, PO Box 117, West Linn, OR 97068. We document privacy complaints and their resolution.
Your click-through acceptance of these Terms is a binding electronic signature. You may request a copy of these Terms and of your Consent at any time.
RecordsFlow LLC · PO Box 117, West Linn, OR 97068