Last Updated: January 1, 2025

‍Acceptance

(Applicable to all patients, individuals requesting records on their own behalf, and substitute decision makers or those requesting records on the behalf of other individuals)
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It is important that you ("Client") read all the following terms and conditions carefully. This Terms of Use Agreement ("Agreement") is a legal agreement between you and MedChart US Inc. dba Marble ("Marble,""Us," "Our," or "We"), which is the owner and operator of the Marble portals ("Portal"). It states the terms and conditions under which you may access and use the Portal and all portals and all written and other materials displayed or made available through thePortal, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and links to third party sites ("Content"). By accessing and using the Portal, you agree to be bound by the terms and conditions of the Agreement. You understand that the General Terms and Conditions of the Marble website (“General Terms andConditions”), which can be found at https://www.marbleapi.com/terms, are incorporated herein by reference and you agree to be bound by the General Terms and Conditions regardless of whether you have separately agreed to them. For the avoidance of doubt, ALL DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND PROVISIONS RELATED TO GOVERNING LAW AND DISPUTE RESOLUTION CONTAINED IN THE GENERAL TERMS AND CONDITIONS ALSO APPLY TO THE PROVISIONS CONTAINED ON THE FACE OF THESE TERMS OF USE.  Where the terms of thisAgreement and the General Terms and Conditions are in conflict, these terms shall have precedence only when governing the use of the Portal.

If you do not accept these terms and conditions, you must not access or use thePortal.

‍Definitions

‍Custodians are health care plans, insurers, health care clearinghouses, health care providers, and other entities who transmit Personal Health Information to Marble with your consent.  PersonalInformation means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer.  

Personal Health Information is Personal Information relating to the past, present, or future health status of an individual that is created, collected, transmitted, or maintained (collectively, “Processed”) by Custodians. This includes health information that can be tied to an individual through identifiers such as: name; address; email address; telephone and fax numbers; social security numbers or other government issued IDs; insurance, medical record, or other account numbers; biometric identifiers; photographs or images; device identifiers; or other persistent identifiers that can reasonably be used to identify an individual.  Data from which all personal identifiers have been removed, such that the information cannot reasonably be used to identify the individual, is not considered personal health information.

‍Portal Description

Marble manages an internet-based Portal designed to give selected users the opportunity (a) to initiate the creation and retrieval of a personal health record containing information such as personal and family health history, medications, allergies, and other relevant Personal Information, includingPersonal Health Information from Custodians, in order to gain greater access to their Personal Information, including Personal Health Information and thereby participate more fully in their own care; (b) to interact and share theirPersonal Information, including Personal Health Information withClient-authorized users such as healthcare providers, members of their circle of care or family members, and (c) to seek general information pertinent to their medical condition.
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‍Registering for the Portal Account

If you enroll in Marble's services and consent to participate in the Portal, you will be shown how to create a personal Portal account ("Account") containing PersonalInformation, including Personal Health Information, and how to use the Portal securely, and in accordance with Marble's information management policies and procedures including those pertaining to the collection, use and disclosure ofPersonal Information. Features and functions of the Portal and Marble's policies and procedures for information handling may change without notice and t is your responsibility to visit the Marble website frequently to ensure that you understand how to use the Portal in accordance with these updated policies and procedures. Your Account will be password protected and only you or yourPersonal Representative will have access to the portal using that account. YourAccount consists of an online user name ("User Name") and a password ("Password"). In order to receive an Account, you agree (i) to provide, true, accurate, current and complete information about yourself as prompted by a registration form; and (ii) to maintain and promptly update the information about yourself to ensure it remains true, accurate, current and complete. If Marble has reasonable grounds to suspect that such information about yourself is untrue, inaccurate, not current or incomplete, Marble has the right to suspend or terminate your Account and your access to all or part of the Portal. Marble's use of any Personal Information you provide as part of the registration process or use of the Portal is governed by the terms of the Marble Privacy Policy. You are responsible for maintaining the confidentiality of your Account Password and for all activities that occur under your User Name and Password. You agree to notify Marble immediately of any unauthorized use of your User Name and/or Password or any other breach of security, and to ensure that you logout from your Account at the end of each session. Marble will not be liable for any loss or damage arising from your failure to protect your User Name or Password from loss or inappropriate use.

‍Portal Provided Only as a Convenience for Clients

The Portal is provided by Marble in its discretion, as a convenience to its clients.  Participation in the Portal by each Client is entirely voluntary. You may discontinue your participation in the Portal at any time by notifying Marble. Should you discontinue your participation in the Portal, or if your access to the Portal is discontinued or terminated for any reason, yourPortal ID and Password will be deactivated. If you decide to discontinue your use of the Portal, all persons previously authorized to view your Portal record will be notified that their access has been discontinued at your request.  Provision by Marble of the Portal and any of its specific functions is entirely voluntary. Marble reserves the right at any time, and from time to time, to modify or terminate, temporarily or permanently, the Portal, its Content or any part or function thereof, with or without notice to you. Marble shall have no liability to you or any third party for any such modifications, suspensions or discontinuance of the portal or any part thereof. In the event of any termination, you are no longer authorized to access the Portal, it's Content or any part or function thereof, affected by such termination. The restrictions imposed on you with respect to material downloaded from the Portal and the disclaimers and limitations of liabilities set forth in this Agreement shall survive any discontinuance or termination of the Portal or this Agreement. Further, thePortal, the Content, and Postings (as defined below) are provided "ASIS". Marble makes no representation, warranties or covenants, express or implied, regarding the Portal, Content, and Postings, including, without limitation, no representation, warranty or covenant that (i) the functions of or the content made available through the Portal will be uninterrupted or virus-free or error-free, or that the content will be accurate, authentic, complete, current, reliable, or timely; or (ii) that communications to or from the Portal will be secure and/or not intercepted. Note that any information sent or received over the internet is generally not secure. The Portal may transmit your Personal Information over the public internet. Information transmitted over the internet may be subject to inadvertent loss or theft.While Marble will undertake reasonable measures to protect that information, Marble cannot guarantee the security of any information transmitted to or from thePortal. By using the Portal, you agree that your access and use of the Portal and the Content is entirely at your own risk and liability.

‍Portal Content is Not a Substitute for Medical Advice

Always seek the advice of a physician, or other qualified health care provider properly licensed to practice medicine or general health care in your jurisdiction, concerning any questions you may have regarding any information obtained from the Portal and any medical conditions you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay seeking it because of something you have read on the Portal. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. Information obtained on the Portal is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Any tools, calculators or quizzes provided on the Portal are provided for general informational and illustrative purposes only, and are not intended to be a substitute for, medical advice. You should not act or abstain from acting based on any information provided by any such tool.

‍Limitations of the Portal as Communications Tool

Do not use the Portal to communicate or treat medical emergencies. If you have a medical emergency, call your physician, qualified health care provider or 911immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Portal. The Portal does not create physician-patient relationships. The presentation of information on the Portal does not establish a physician-patient relationship between you and Marble.

‍Third-Party Links

The Portal contains third party content and links. The Portal does not endorse nor have any responsibility for content or providers of third party links.Neither Marble nor its employees, agents, officers or directors have any responsibility or liability for, or recommend or endorse, any information or brand of products or portals that may be available on the Portal through such content or links. In addition, Marble prohibits any link to the Portal at anytime made without the consent of Marble and may remove a link without notice.Upon the request of Marble you agree to remove any link to the Portal you may have acquired or stored.

‍Closing of Accounts

You can close your Account with us at any time. We also have the right to close your Account for any reason. In the event that your Account is closed you will have 30 days to download a copy of your Personal Information stored on the MarblePortal, after which we may securely destroy all of Personal Information that we have on the Portal.  Upon your death or incapacity, we are authorized to take such steps and/or require such documentation (including but not limited to a certified copy of the death certificate, a letter of direction and notarized copy of the certificate appointing a Personal Representative, Estate Executor or Administrator, [or your state’s equivalents of these documents]) or restrict transactions in the Account as we deem prudent or advisable. In all cases, you(or your estate) shall continue to remain responsible for any transaction on your Account. Your estate representative will have the same rights, responsibilities and obligations under the Agreement as you, the Accountholder, unless we, in our sole discretion, determine otherwise.

‍Electronic Communication

We will consider any electronic communication received from you or in your name to be duly authorized by you. A copy of any electronic communication will be admissible in any legal, administrative or other proceedings in the same manner as an original document in writing. You agree to waive any right to object to the introduction of any copy of electronic communications in evidence.

‍Electronic Notices to Client

Marble may send you notifications, alerts and other communications by email (at the email address provided on your Account) and/or through your Portal Account, including:
- Alerts and requests for information in relation to identity theft and other fraud or security-related activities;
- Requests for information that may be required in connection with Marble's legal obligations;
- Notifications containing legal disclosures;
- Communications arising from all manner of legal actions, causes of action, complaints, claims, applications to administrative tribunals, legal demands or otherwise;
- Notifications of corporate actions that require your attention;
- Alerts providing you with reminders or Account-related instructions;
- And other Account-related alerts requested by you.
You agree that receipt of these notifications, alerts and other communications by email as determined by Marble is a mandatory and integral part of yourAccount.

‍Risks of Using Email

The security of e-mail messages is not guaranteed. Messages sent to, or from, Marble may be seen by others using the Internet. E-mail is easy to forge, may be accidentally forwarded, and may exist indefinitely. For this reason, it is recommended that you do not use e-mail to discuss information you think is sensitive including, without limitation, sensitive health and medical conditions. If you decide to use e-mail, please inform Marble if there are certain types of information that you do not want to discuss by e-mail. Do not use e-mail in an emergency because e-mail can be delayed.

‍Privacy of Personal Information & Personal Health Information

At the time of Account registration on the Portal, by accepting this Agreement you provide Marble with your express consent to the collection, use, disclosure, and disposal of your Personal Information and Personal HealthInformation that you provide to Marble in accordance with Our Privacy Policy found at https://www.marbleapi.com/privacy for the purpose of providing you, your Personal Representative, and any person you authorize, with consolidated online access to your Personal Information, including PersonalHealth Information on the Portal. Client Personal Information and PersonalHealth Information contained on the Portal will be password protected and only Marble, the Client, your Personal Representative, and persons explicitly authorized by the Client will have access to the Client's Personal Information. All PersonalHealth information collected on the Portal will be held in confidence by Marble in accordance with Marble's Privacy Policy. You can permanently remove yourPersonal Information and Personal Health Information from your Portal Account at any time. Marble may be able, at its sole discretion, to retrieve a back-up copy of the Personal Health Information stored on the Portal for up to 30-days after you instruct the Portal to delete this information. If Marble is unable or unwilling for any reason to recover your Personal Information and PersonalHealth Information during that 30 day period following deletion, including any information that you paid for, are permanently removed from the Portal and must be recreated on the Portal, or repurchased. Personal Information and PersonalHealth Information placed on the Portal or otherwise provided to Marble, from which all personal identifiers have been removed such that the information could not reasonably be used to identify you ("De-Identified Information"), is not considered Personal Information, Personal HealthInformation, or confidential information. You agree that in the event you delete your Personal Information and Personal Health Information from thePortal, Marble may maintain a copy in the form of De-Identified Information. Marble is under no obligation to refrain from reproducing, publishing or otherwise using this De-Identified Information, and may use it, in any way or for any purpose. You agree to not assert any ownership right of any kind in such information (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to Marble to use, copy, display, disclose, and sell all De-identifiedInformation, and waive the right to receive any financial or other consideration in connection with such De-identified Information.

‍Sharing Function

If you use the Sharing Function on your Portal Account, you consent to Marble disclosing your selected Personal Information and/or Personal HealthInformation ("Shared Information") to your selected authorized Marble Portal user(s) ("Sharing Recipients"). You agree that Marble may allow your Sharing Recipients to access, use, reproduce, disclose, and/or control your Shared Information andAccount functions up to the Sharing permission level that you set for eachSharing Recipient in your Portal. You understand that Marble cannot control and is not responsible for Sharing Recipients’ actions involving your PersonalInformation and/or Personal Health Information.  You are responsible for verifying the identity of your Sharing Recipients and for clearly communicating to yourSharing Recipients your intentions for giving them access to your SharedInformation and/or Account functions. You agree to assume the risk associated with unauthorized and inadvertent disclosure of your Personal Information andPersonal Health Information through the use of the Sharing Function. Marble will not be liable for any loss or damages that result from your use of theSharing Function on your Portal Account. If another Marble user ("Sharer") has authorized you to access, use, reproduce, disclose and/or control the Sharer's Shared Information and/or Account functions on your Portal Account, you agree to hold all SharedInformation in the strictest confidence, and only use the Shared Information and/or Account functions with the explicit consent of the Sharer and within the limits of this User Agreement.

‍Indemnity

Your Marble Portal participation is entirely voluntary and provided only as a convenience to you. As a result, you agree to indemnify, defend and hold harmless Marble and any of its employees, agents, officers, directors, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of thisAgreement, or (ii) your access to, use, misuse, provision, reliance upon or inability to access or use the Portal, the Content, or the Postings.

‍Copyright and Limited License

The Content is protected by copyright law and is owned by Marble or the Content provider. Except as granted in the limited licenses herein, any use of theContent, including modification, transmission, presentation, distribution, republication, or other exploitation of the Portal or of its Content, whether in whole or in part, is prohibited without the express prior written consent ofMarble. Subject to the terms and conditions of the Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Portal and the Content for your personal, non-commercial use. You are granted the right to download, store and/or print single copies of items comprising the Content (including, where made available on the Portal, downloads of software) for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online other than within thisPortal. You must also abide by any additional requirements governing the use of any special Content that may be set out in the Portal. In the event of a conflict between the terms of a license governing specific Content and thisAgreement, the terms of the specific license shall govern.

‍Rules Governing Postings Made to the Portal

The Portal may provide features that allow you to participate in discussion groups, communicate with Marble, its agents and other 3rd party users, and otherwise post/execute/finalize/upload/communicate information, files, documents, or other materials (including, without limitation, agreements, medical request forms, consent forms, powers of attorney, and patient-related materials) The Portal may provide features which allow you to participate in discussion groups, to communicate with Marble, its agents and other 3rd party users and to otherwise post/execute/finalize/upload/communicate information, files, documents, or other materials (including, without limitation, agreements, medical request forms, consent forms, powers of attorney, and patient-related materials) ("Postings"). Marble does not control the content of anyPosting and has no obligation to monitor any Posting. While Marble may attempt to delete insulting, offensive or inaccurate Postings, it cannot prevent them from being uploaded and is not responsible for such content or any damages resulting therefrom. However, Marble reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to upload or to remove any Posting, in whole or in part, that, Marble's, in its sole discretion, deems objectionable, inaccurate, misleading or in violation of theAgreement. Marble does not control the content of any Posting and has no obligation to monitor any Posting. While Marble may attempt to delete insulting, offensive or inaccurate Postings, it cannot prevent them from being uploaded and is not responsible for their content or any damages resulting therefrom. However, Marble reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to upload or to remove any Posting, in whole or in part, that, in Marble's sole discretion, is objectionable, inaccurate, misleading or in violation of the Agreement. For greater certainty, Marble will fully cooperate with any legal obligation to disclose the identity of anyone posting threatening, libelous, obscene, pornographic, profane or otherwise offensive or illegal materials. You acknowledge that you alone are responsible for the content ofPostings to the Portal and the consequences thereof.

The Portal is used by multiple users and we ask that each user respect the rights of other Portal users. It is a condition of your use of the Portal that you do not:
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- Restrict or inhibit another user from using and enjoying the Portal, interfere or attempt to interfere with the proper workings of the Portal or do anything that, in the sole discretion of Marble, imposes an unreasonable or disproportionately large burden on the Portal infrastructure; Post or transmit any unlawful, abusive, defamatory, or obscene information of any kind, including, without limitation, any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law;

- Execute, post, or transmit any content, information, or documents that you know to be inaccurate, inauthentic, fraudulent, deceptive, improperly made or obtained, or for which you do not have the lawful authority to execute, post or transmit;

- Post or transmit any information, including, without limitation, articles, images, stories, software, or other material that violates or infringes upon the rights of others, including material that constitutes an invasion of privacy or publicity rights, or that is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein or derivative works with respect thereto, without first obtaining permission from Marble or rights holder;

- Post or transmit any information or material that contains a virus or other harmful component; Post or transmit "junk mail," "chain letters," unsolicited mass mailing or "spam";

- "Mine" or otherwise use the Portal for commercial purposes, including, without limitation, posting, or transmitting any information or material that contains advertising, engages in commercial activities, solicitations or sales, or involves contests, sweepstakes, advertising and pyramid schemes; or

- Engage in any other behavior in connection with the Portal that Marble in its sole discretion determines is objectionable. Subject to applicable law, anyPostings made using this Portal or otherwise made to Marble, excluding those containing your Personal Information or your Personal Health Information, are made on a non-confidential basis.

De-identified Data is not considered Personal Information and is not confidential information. Marble is under no obligation to refrain from reproducing, publishing or otherwise using such data, and may it them, in anyway or for any purpose. You agree to not assert any ownership right of any kind in such communications (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to Marble to use, copy and display all Postings, and waive the right to receive any financial or other consideration in connection with such Postings including, without limitation, acknowledgement of yourself as the source of such Postings. For greater certainty, Marble shall not use or disclose your Personal Information and/or Personal Health Information without your consent.

‍General Legal Terms and Conditions

Where use of this Portal is unauthorized in any jurisdiction and where thePortal or any of the Content may violate any laws or regulations, you agree not to access or use the Portal. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision(or any provision of this Agreement) is entirely at your own risk.

‍Waiver

Any consent by Marble to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.

‍Severability

The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of the Agreement. This is the entire agreement between you and Marble relating to your access and use of the Portal. Any questions regarding the general terms and conditions, including in respect of any use or disclosure of the information made available by you, should be directed to:

Marble is Not Responsible for Third Party Sources

You may direct Marble to retrieve your information maintained online by third parties with which you have customer or patient relationships, maintain accounts or engage in transactions – e.g., through our retrieval service.  Marble maintains online access to healthcare provider portals and other services and devices to access your information. Marble does not review your information for accuracy, legality or non-infringement. Marble is not responsible for the information or products and services offered by third parties.  Marble in no way controls, verifies or endorses any of the information uploaded by end users orCustodians using the Service, including provider source data, health tracker data, messages, and genetics data. In addition, you acknowledge that Marble does not control or maintain the various sources of data or other content that you may enable to be collected, stored, integrated, transmitted, shared and/or displayed in connection with the service.  If you believe that any such data or other content is inaccurate or otherwise should be corrected or changed, you must contact the third party source of such data or other content(whether it is a Custodian or other third party). You agree that Marble has no obligation to maintain, correct or amend such data or other content, except as required under applicable law.


Medchart Inc dba Marble.
215 S. Denton Tap Rd, Suite 290
Coppell, TX, 75019 USA

E-mail: privacy@marbleapi.com
Phone: 1-888-399-7789
Fax: 1-888-720-2212