CVI Connect Terms of Use

1. Acceptance and eligibility

By creating an account or using the Portal you accept these Terms and our Privacy Policy. If you do not agree, do not use the Portal — you can always obtain your records through our front office instead.

To use the Portal you must:

• be at least 18 years old or a legally emancipated minor;
• use the Portal to access your own medical records only; and
• complete identity verification truthfully, using your own identity and your own documents.

Misrepresenting your identity, or attempting to access another person’s records, is strictly prohibited. It may violate state and federal law, and we may report such attempts to law enforcement in addition to terminating access.

2. Your account and security

Sign-in works through one-time links sent to your email address, so your email account effectively is your Portal credential. You are responsible for maintaining the security of that email account and any device you use to access the Portal, and for all activity that occurs under your account. Notify us promptly at support@cvimaging.net if you believe your account or email has been compromised or that someone has accessed your records without authorization.

3. The service

The Portal provides self-service electronic access to your own imaging performed at CVI: requesting studies (which we retrieve automatically from our imaging systems), viewing them in a browser-based viewer, downloading copies (DICOM ZIP), and sharing studies via the links described in Section 5. Additional features — such as viewing report documents and paying bills — may be added over time.

The Portal is currently provided free of charge to patients. We do not guarantee that the Portal will be available at any particular time or that any particular study will be retrievable through it, and we may suspend or limit the Portal — in whole or in part — for maintenance, security, or legal reasons. The Portal is a convenience, not the exclusive means of access: your statutory rights to obtain your records (for example under 45 C.F.R. § 164.524 and Cal. Health & Safety Code § 123110) exist independently of the Portal and can always be exercised through our front office.

4. Not medical advice; viewer disclaimer

THE PORTAL IS AN ACCESS TOOL, NOT A MEDICAL SERVICE. NOTHING IN THE PORTAL — INCLUDING IMAGES, REPORTS, OR ANY TEXT — IS MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

THE IN-BROWSER IMAGE VIEWER IS PROVIDED FOR YOUR PERSONAL REVIEW AND REFERENCE ONLY. IT IS NOT CLEARED OR INTENDED FOR DIAGNOSTIC INTERPRETATION, AND IMAGE RENDERING MAY DIFFER FROM DIAGNOSTIC-QUALITY DISPLAY. YOUR IMAGES AND REPORTS DO NOT REPLACE CONSULTATION WITH YOUR TREATING PHYSICIANS. DO NOT MAKE MEDICAL DECISIONS — INCLUDING STARTING, STOPPING, OR CHANGING ANY TREATMENT — BASED ON WHAT YOU SEE IN THE PORTAL WITHOUT TALKING TO YOUR PHYSICIAN.

IF YOU HAVE QUESTIONS ABOUT YOUR RESULTS, CONTACT YOUR PHYSICIAN. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY. NEVER DELAY SEEKING CARE BECAUSE OF SOMETHING YOU SAW — OR COULD NOT SEE — IN THE PORTAL.

5. Sharing features

The Portal lets you share your studies with recipients you choose, via links that are locked with your date of birth, expire after 7 days, and can be revoked by you at any time. When you create a shared link or download a copy of your records, you are directing a disclosure of your own medical information. You accept that:

• CVI is not responsible for what a recipient does with information after they access it — including copying, storing, or further sharing it;
• revoking a link stops future access only; it cannot undo access that already occurred or retrieve copies already made; and
• copies you download leave CVI’s systems and are yours to safeguard.

ASSUMPTION OF RISK. SHARING AND DOWNLOADING ARE OPTIONAL FEATURES YOU CHOOSE TO USE. WHEN YOU DIRECT A DISCLOSURE — BY CREATING A SHARED LINK, SENDING IT TO SOMEONE, OR DOWNLOADING A COPY — YOU KNOWINGLY ACCEPT THE RISKS OF THAT DISCLOSURE, INCLUDING MISDIRECTED LINKS, FORWARDING BY A RECIPIENT, AND LOSS OR THEFT OF A DEVICE HOLDING A DOWNLOADED COPY, AND YOU RELEASE CVI FROM CLAIMS ARISING FROM THOSE RISKS. THIS RELEASE DOES NOT COVER CVI'S OWN ACTS OR OMISSIONS.

This release covers the consequences of disclosures you direct. It does not release CVI from its own acts or omissions — including any failure by CVI to safeguard your information while it is in our systems — and it does not affect your rights under the CMIA or HIPAA.

6. Acceptable use

You agree not to:

• access or attempt to access records that are not your own, or help anyone else do so;
• misrepresent your identity or provide false information during identity verification;
• probe, scan, or test the vulnerability of the Portal, or circumvent any authentication, token, or access-control measure;
• scrape, crawl, or bulk-download Portal content by automated means, or use the Portal through unauthorized automated clients;
• interfere with the Portal’s operation, including by overloading, flooding, or introducing malicious code; or
• use the Portal for any unlawful purpose.

We may suspend or terminate access for violations (Section 14) and may refer unlawful conduct to law enforcement.

7. Intellectual property

The Portal — its software, design, text, logos, and trademarks — belongs to CVI or its licensors and is protected by intellectual-property law. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Portal for its intended purpose: accessing your own records.

Your medical records are about you, and your rights of access to them are yours. Nothing in these Terms gives CVI any new rights in your medical information, and nothing limits your rights to your own records under HIPAA and California law. Copies you obtain through the Portal are yours to use as you see fit.

8. Third-party services

Parts of the Portal rely on third-party providers to support Portal functions such as message delivery and, when billing features launch, payment processing. Your use of those features may be subject to the provider’s own terms and privacy notices in addition to ours, and we are not responsible for third-party services we do not control. Where a provider handles PHI on our behalf, it does so under a business associate agreement as described in our Privacy Policy.

9. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PORTAL IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PORTAL WILL BE UNINTERRUPTED, ERROR- FREE, OR SECURE, OR THAT ANY PARTICULAR STUDY WILL BE AVAILABLE THROUGH IT.

This disclaimer applies to the Portal as a software service. It does not apply to — and nothing in these Terms disclaims — the professional obligations CVI owes you in connection with your medical care, which are governed by law and are separate from these Terms.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CVI’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE PORTAL OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS YOU PAID CVI FOR USE OF THE PORTAL IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE (THE PORTAL IS CURRENTLY FREE), AND CVI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST DATA COPIES, ARISING OUT OF OR RELATING TO THE PORTAL.

These limitations do not apply where California law prohibits limiting liability — including for gross negligence, willful misconduct, fraud, or violations of law (see Cal. Civ. Code § 1668) — and nothing in this section limits:

• your rights and remedies under the CMIA or HIPAA with respect to your medical information;
• CVI’s professional-liability obligations relating to clinical care, which are separate from these Portal Terms; or
• any liability that cannot be limited by law.

11. Indemnification

You agree to indemnify and hold harmless CVI and its officers, employees, and agents from third-party claims, losses, and expenses (including reasonable attorneys’ fees) arising out of (a) your misuse of the Portal or violation of these Terms, (b) your attempt to access records that are not your own or any misrepresentation of identity, or (c) disclosures you direct — including consequences of links you share or copies you download and further distribute. This obligation does not apply to the extent a claim results from CVI’s own negligence or misconduct.

12. Dispute resolution and arbitration

Please read this section carefully — it affects your rights.

(a) Informal resolution first. Before filing any arbitration or lawsuit, you and CVI agree to try to resolve the dispute informally: the party raising it will send a written description of the dispute to the other (for you, to the contact in Section 17; for us, to your account email), and both parties will attempt in good faith to resolve it within 30 days. Formal proceedings may begin only after that period.

(b) Binding individual arbitration. Except as provided in (d), any dispute arising out of or relating to the Portal or these Terms will be resolved by final, binding arbitration administered by JAMS under its Streamlined Arbitration Rules and its Consumer Arbitration Minimum Standards, before a single arbitrator, in Orange County, California (or, at your election, by video conference or in another manner the JAMS consumer standards permit). CVI will pay the arbitration fees and costs to the extent the JAMS consumer minimum standards require; you will not be required to pay filing fees exceeding what a court filing would cost. The Federal Arbitration Act governs this section. Judgment on the award may be entered in any court with jurisdiction.

(c) CLASS ACTION WAIVER. YOU AND CVI EACH AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING.

(d) What this section does not cover. This arbitration agreement does not apply to: (i) individual claims in small claims court that qualify for that forum; (ii) claims by either party for injunctive or other equitable relief relating to intellectual property or to unauthorized access or security of the Portal; (iii) any claim that, as a matter of law, cannot be required to be arbitrated or whose remedies cannot be waived — including any non-waivable rights or remedies under the CMIA; and (iv) requests for public injunctive relief under California law. Consistent with McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017), nothing in these Terms waives your right to seek public injunctive relief in a court of competent jurisdiction; if a claim for public injunctive relief is asserted, that claim will be decided by a court and any arbitrable claims will proceed in arbitration.

(e) 30-day opt-out. You may opt out of this arbitration agreement and class action waiver entirely, with no effect on any other part of these Terms, by emailing support@cvimaging.net with the subject line “Arbitration Opt-Out,” your name, and the email address on your account, within 30 days of first accepting these Terms.

(f) Time limit for claims. To the fullest extent permitted by law, any claim arising out of or relating to the Portal or these Terms must be brought within ONE (1) YEAR after the claim arises, or it is permanently barred. This shortened period does not apply to any claim for which a shortened limitations period is prohibited by law, and does not affect your rights under the CMIA or HIPAA or any claim relating to clinical care.

(g) Severability of this section. If any part of this Section 12 is found unenforceable, that part will be severed and the remainder will remain in effect — except that if the class action waiver in (c) is found unenforceable as to a particular claim, then that claim (and only that claim) will proceed in court rather than arbitration.

13. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules (and by the Federal Arbitration Act as to Section 12). For any dispute that is not subject to arbitration under Section 12, you and CVI consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California — except that either party may bring qualifying claims in small claims court.

14. Termination

You may stop using the Portal, or ask us to close your account, at any time. We may suspend or terminate your Portal access at any time for violation of these Terms, suspected fraud or identity misrepresentation, security risk, or as required by law. Termination of Portal access never terminates your legal right to obtain your medical records — those requests can always be made through our front office — and Sections 4, 5, and 7 through 16 survive termination.

15. Changes to these terms

We may update these Terms from time to time. The current version, with its effective date, will always be posted at this page, and for material changes we will provide notice in the Portal or by email before the change takes effect. Changes apply prospectively only. Continued use of the Portal after a change becomes effective constitutes acceptance; if you do not agree, stop using the Portal and obtain your records through our front office.

16. Entire agreement; severability

These Terms, together with the Privacy Policy, are the entire agreement between you and CVI regarding the Portal and supersede prior agreements on that subject. They do not modify our Notice of Privacy Practices, any consent to treatment, or any other agreement relating to your medical care. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets, subject to applicable law governing medical records.

17. Contact

Questions about these Terms:

Crown Valley Imaging — CVI Connect
Attn: Support
27401 Los Altos, Suite 150
Mission Viejo, CA 92691
Email: support@cvimaging.net

18. Text messages (SMS)

Program name: CVI Connect Patient Verification.

What we send. We send one-time verification codes by text message to confirm your identity before we show you your medical imaging. We do not send marketing or promotional text messages through this program, and we never include medical information in a text message.

How you consent. As your imaging provider, we may contact you about your care at the phone number you gave us when you registered or at your visit. In addition, when you request your imaging through this portal and ask us to send a verification code, you are expressly agreeing to receive that text message at the mobile number we have on file for you. Consent to receive these texts is not a condition of receiving care or of obtaining your records by any other means — you can always request your records by contacting our medical records department directly at medicalrecords@cvimaging.net or (949) 367-1010.

Message frequency. Messages are sent only when you request one. You will typically receive one message per verification attempt.

Cost. Message and data rates may apply. We do not charge you for these messages; your mobile carrier's standard rates apply.

To stop messages, reply STOP to any message from us. You will receive one confirmation and then no further texts from this program. Stopping texts does not affect your access to your records by other means.

For help, reply HELP to any message, email support@cvimaging.net, or call us at (949) 367-1010.

Carriers. Mobile carriers are not liable for delayed or undelivered messages.

How we handle your phone number is described in our Privacy Policy. We do not sell your phone number, and we do not share it with third parties for their own marketing.