MyMSK Portal Terms and Conditions
For all medical emergencies, go to the nearest hospital or immediately dial 911.
These terms and conditions ("Terms") are a contract between users ("you") and Memorial Sloan Kettering Cancer Center ("MSK,"we","our" or "us") and apply to MSK's patient portal, MyMSK, located as a website at https://my.mskcc.org, and to any of our other websites, mobile applications and interfaces that link to these Terms (collectively, the "Portal").
Note that Section 17 of these Terms contains important provisions that limit the remedies available to you in the event of certain disputes, including provisions that require you to bring claims on an individual basis and not as part of a class or representative action or proceeding.
The Portal is also offered as a service to Patients (defined below) of Memorial Medical Care, P.C. (“MMC”) and users of an MMC Proxy account (defined below). Use of the Portal by MMC Patients and Proxy account users shall be subject to these Terms.
Please read and review these Terms carefully before using the Portal. By selecting "Accept" you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Portal.
1. Using the Portal
1.1 For All Portal Users
The Portal provides users with access to information and resources from MSK and allows for communications with healthcare providers and other MSK staff. Your use of the Portal does not create a patient relationship between you and MSK. The Portal is not a substitute for a medical consultation or medical advice, nor is the Portal intended to provide medical care or act as a replacement for visits with a healthcare provider. You should not rely on the Portal for managing your health. If you need medical care, contact your healthcare provider.
1.2 For Patients and Proxy Account Users
Registered MSK patients or MMC patients ("Patient") may choose to give other people access to their Portal account ("Proxy account"). Registering for a Proxy account does not mean a person has any legal status or rights other than their access to the Portal. A Patient may end a person's Proxy access any time in the "Account Access" section of MyMSK.
For Patients who are under the age of 17 years and 6 months, a parent/legal guardian may register for a Proxy account. More information about Proxy accounts for Patients who are minors is provided below in the "Acceptable Use and Restrictions on Use" section.
By using the Portal as a Patient or a Proxy account user, you acknowledge the following:
The parts of the Patient medical record that you can see through the Portal may only be a portion of the complete Patient medical record. Patients may request a complete copy of their medical record by contacting MSK's Health Information Management department at 646-227-2089 or by going to the "Medical Info" section of the Portal, selecting "Ask for Your Medical Records," to complete a request form. Messages or other information you send or receive through the Portal may be made part of the Patient medical record (at MSK's discretion), which means those messages may be accessible to current and future healthcare providers and staff. The Portal allows you to send messages to us regarding the Patient's medical condition, but you understand and agree that you will not use the Portal to send messages about anything that needs attention right away.
2. Changes to the Terms and to the Portal
We may change these Terms at any time. Any changes that we make will become a part of our agreement with you and are effective and binding when they are posted to our Portal. If we make material changes, we will post the amended Terms to our Portal, and update the "Last Updated" date above. We may also notify you by sending an email notification to the address associated with your account or providing notice through our Portal. By your continued use of the Portal after publication of revised Terms, you accept and agree to the terms and conditions of the revised Terms.
You acknowledge and agree that the Portal is offered as a convenience to users. We reserve the right to make additions, deletions, or changes to the Portal. We may add or remove features and we may suspend or stop the Portal altogether at our sole discretion. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
3. Acceptable Use and Restrictions on Use
The Portal is available only to persons who can form legally binding contracts under applicable law. The Portal is not available to individuals under the age of 17 years and 6 months. If you do not qualify, you may not use the Portal.
For Patients who are minors, a parent/legal guardian may register for a Proxy account. Patients who are minors over the age of 12 will be asked to provide consent allowing their parents/guardians access to medical information which is protected under applicable state law as "minor consented services." Once the minor consents to provide their parents/guardians access to the Portal, the Parents/guardians will have access to all information that is available on the Portal, including minor consented services. If a minor over the age of 12 does not consent to proxy access for minor consented services, the Portal account associated with such minor will not be accessible. MSK grants a limited license to you to make personal use only of the Portal in accordance with these Terms, including downloading and printing information from the Portal. This license expressly excludes, without limitation:
- any reproduction, duplication, sale, resale or other commercial use of the Portal;
- making any derivative of all or any part of the Portal;
- the collection and use of user email addresses; or
- the collection and use of other user information, including, without limitation, health information or any data extraction or data mining whatsoever.
- You agree only to use the Portal for the purposes for which they have been designed. You will comply with these Terms and all applicable local, state, national and international laws, rules and regulations and will not encourage or promote any activity that violates these Terms.
You understand that you are solely responsible for any content that you intentionally or unintentionally communicate to others using the Portal.
You agree that you will not:
- use the Portal for any unlawful purpose or to promote illegal activities;
- try to interfere in any way with the Portal's networks or network security or try to use the Portal to gain unauthorized access to any other computer system, or other user's account;
- interfere or try to interfere with the proper functioning of the Portal, or damage any data or information associated with the Portal;
- transmit any harmful, malicious, or unauthorized software such as: viruses, time bombs, Trojan horses, worms, surveillance codes, other computer programming routines;
- make any automated use of the Portal, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any measures we take to restrict access to the Portal or use any software, technology or device to scrape, spider or crawl the Portal or harvest or manipulate data, or access any other user's information (unless explicitly granted permission);
- post or link to any malicious content or offensive material; or
- send harassing, discriminatory, disparaging, defamatory or inappropriate messages through the Portal.
If we determine that you have violated any of the above restrictions or any other term or condition of these Terms, we reserve the right, in our sole discretion, to discontinue your use of the Portal.
5. Accounts, Passwords, and Security
The Portal requires that you set up an account, including a username and password. You acknowledge that you are entirely responsible for remembering and maintaining the confidentiality of your account, including your username and password, and for any and all activity that occurs under your account. You agree that you will not share your password with anyone. If you feel that your security has been compromised, you can change your password at any time by going to the "My Profile" section and following the instructions.
You agree to notify MSK immediately of any unauthorized use of your account or password, or any other breach of security of which you become aware. You may contact the MyMSK Help Desk from the Message section of MyMSK or by calling 1-800-248-0593 or 1-646-227-2593.
6. User Information
In these Terms, your "User Information" means any material that you submit to us through your use of the Portal for whatever purpose. You agree only to provide User Information that is accurate, and you agree to keep your User Information current, including your email address.
7. MSK's Ownership Rights
The Portal, and all text, photographs, graphics, icon buttons, images, screen layouts, designs, artwork, names, logos, trademarks, service marks and data ("Content") are owned by MSK and/or its licensors, and may be protected by U.S. and international copyright, trademark and other intellectual property law and conventions. The Portal may include both Content owned or controlled by MSK and Third Party Content (defined below) owned and controlled by third parties and licensed to MSK. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right and license to access and use the Portal and Content solely for your personal, non-commercial use, except as set forth in this section; provided, however, that such license does not include any right to use the Portal or Content in violation of Section 3. sell, license, copy, reproduce, modify, republish, transmit, edit, adapt, create derivative works from, distribute or otherwise make unauthorized use of any of the Portal or Content, or intellectual property rights in the Portal or Content, in whole or in part by any means without our express written consent.
All trademarks, trade names and logos appearing on or through the Portal are owned by us or licensed by us. The "Memorial Sloan Kettering Cancer Center" name and logo and all other MSK names, marks, logos and other identifiers are trademarks and service marks of MSK. Names, marks, logos and other identifiers of third parties, including third party health care providers, are trademarks and service marks of their respective owners. You may not use or display any MSK trademarks, trade names, or logos without our prior written permission. We reserve all rights.
If you choose to provide us with any comments, suggestions, ideas or other feedback ("Feedback"), you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.
8. Third Party Content and Services
The Portal may contain links to websites, products, services, or other content owned or operated by third parties (the "Third Party Content"). The inclusion of Third Party Content does not imply any approval, sponsorship or endorsement of such Third Party Content or any association with the parties that own or operate the Third Party Content. You acknowledge that use of Third Party Content is strictly at your own risk including, but not limited to, any risks associated with destructive viruses, and that MSK makes no warranties, express, statutory or implied, with respect to such Third Party Content. These Terms do not govern your use of any Third Party Content and you are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the Third Party Content. We do not control Third Party Content and we are not responsible or liable for the content or performance of those sites, including but not limited to, any inaccuracies, errors or omission in any content, any intellectual property infringement with relation to the Third Party Content, or any loss or damage of any kind incurred as a result of the use of any Third Party Content linked in or otherwise made available via the Portal.
9. Notice of Copyright Infringement
The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Portal infringes your copyright, you may notify MSK's Designated Agent as follows:
Designated Agent: Copyright Agent
Address: c/o Office of General Counsel, Memorial Sloan Kettering Cancer Center; 1275 York Avenue, New York, NY 10065
Fax: 1- 212-717-3517
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
To the fullest extent permitted by applicable law, you release MSK and our owners, subsidiaries, affiliated companies, employees, shareholders, and directors (collectively, the "MSK Parties") from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a California resident, you hereby waive any rights you may have under California Civil Code Section 1542, which says "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." You also waive any rights you may have under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
To the maximum extent permitted by law, the Portal, and all content are provided on an "as is" and "as available" basis, without any representation or warranty of any kind, express or implied, or any guaranty or assurance that the Portal will be available for use or that all information, content, materials, products, features, functions or operations will be available, up-to-date, accurate, or perform as described. MSK does not warrant that any part of the Portal and or content will operate uninterrupted or error-free or that defects will be corrected. You expressly agree that your use of the Portal is at your sole risk, including but not limited to the risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption or corruption of data or other information transmitted in connection with your use of the Portal.
MSK does not warrant that the information, content, materials, products or other services included on or otherwise made available to you through the Portal or electronic communications sent from the Portal are free of viruses, malicious code or other harmful components. MSK will not be liable for any damages of any kind arising from the use of the Portal, or from any information content, materials, apps, products or other services included on or otherwise made available to you through the Portal.
Without limiting the foregoing, we are not responsible or liable for the accuracy, usefulness, timeliness or availability of any information transmitted or made available via the Portal and are not responsible or liable for any error or omissions in that information. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all content, features, and functions of the Portal. No advice or information, whether oral or written, obtained by you from MSK or through the Portal or Content will create any warranty not expressly made herein.
Some states may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. But, to the extent permitted by applicable law, we exclude all warranties.
12. Limitation of Liability
You agree that you assume full responsibility for your use of the Portal. To the maximum extent permitted by law, under no circumstances will MSK and the MSK Parties be liable for any consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, based on claims arising out of or related to the Portal (including, but not limited to, unauthorized access, damage, or theft of your data, claims for loss of goodwill, claims for loss of data, use of or reliance on the service, stoppage of other work or damage caused to equipment or programs from any virus or other harmful application), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise. In the event of any problem with the Portal, you agree that your sole and exclusive remedy is to cease using the Portal.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless MSK and the MSK Parties from and against all third party complaints, charges, claims, losses, expenses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Portal; (b) information or material you have posted or submitted as part of the Portal; and (c) your breach of these Terms.
14. Waiver of Right to Pursue Class Action Claims
Please read the following section carefully because it limits the manner in which you can seek relief from MSK.
You agree that any Dispute arising out of or related to these Terms or
your use of the Portal is personal to you and MSK. As such, you agree
to only resolve Disputes with us on an individual basis, and waive any
right to pursue any claims on a class or consolidated basis or in a
representative capacity. You agree that you may bring claims against us
only on an individual basis and not as a plaintiff or class member in
any purported class or representative action or proceeding.
15. Choice of Law and Venue
These Terms, and any and all disputes, claims and controversies ("Disputes") arising out of or relating to your access to, or use of the Portal shall be governed and construed exclusively in accordance with the laws of the State of New York, exclusive of its choice of law or conflict of laws provisions. In any Dispute by you arising under these Terms or related to the Portal, you irrevocably agree to submit, on an individual basis, to the exclusive personal jurisdiction of the state or federal courts located in or serving New York, New York. You waive any jurisdictional, venue or inconvenient forum objections to such court.
These Terms are effective unless and until terminated by either you or MSK. You may terminate these Terms at any time, provided that you discontinue any further access or use of the Portal. We also may terminate these Terms, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Portal.
These Terms constitute the entire agreement between you and MSK regarding your access to, and use of the Portal. If a portion of these Terms is determined to be unlawful, void or unenforceable, it will not affect the enforceability of the remaining provisions, and the remaining provisions will continue in full force and effect. The following provisions survive the expiration or termination of these Terms: all definitions; MSK's Ownership Rights; User Information; Third Party Content; Limitation of Liability; Indemnity; Choice of Law and Venue; and Miscellaneous.
18. How to Contact Us
If you have any questions or comments about these Terms, or to close your Portal account, you may contact MyMSK Help Desk from the Message section of MyMSK or by calling 1-800-248-0593 or 1-646-227-2593.