MyHSS Terms and Conditions of Use

About the HSS Website

Updated as of December 18, 2024

These Terms of Use (“Terms”) are a contract between users (“you”) and Hospital for Special Surgery, its affiliated entities, and members of its medical staff (collectively, “HSS”, “we”, “us” or “our”). These Terms apply to MyHSS App as a mobile application available through the Apple App Store and Google Play and as a web application available at https://myhss.hss.edu/MyHSS (collectively, “MyHSS”). MyHSS allows you to access different types of information depending on the type of account you have with HSS.

NOTE THAT THESE TERMS CONTAIN LIMITATIONS OF LIABILITY AND WAIVERS OF YOUR RIGHTS TO PARTICIPATE IN CLASS ACTION CLAIMS OR JURY TRIALS.

If you do not have a registered account, MyHSS enables you to use the site as a guest and utilize certain features such as our bill pay functionality.

You may register for a temporary limited account, which will be converted to a full account when HSS verifies your identity (e.g., online through a third party identity verification process or during your appointment).

If you have a full account, MyHSS enables you to:

correspond securely with HSS providers;
access your medical record, billing record and test results;
schedule appointments with specialists you have seen before or new specialists, in person or virtually;
view details of past and upcoming appointments;
complete pre-check forms and other appointment-related questionnaires;
respond to patient surveys; and
access HSS-produced content and resources related to our services, educational and
research activities, and our physicians and other healthcare providers.

(the foregoing a non-exclusive list together with other services made available by HSS from time to time, collectively “Services”).

Please read and review these Terms carefully before accessing or using MyHSS or the Services. Our Privacy Policy, available online at www.hss.edu/myhss-privacy-policy or such other location as we may make available (“Privacy Policy”), explains how we collect and use your User Information (defined below). Our Privacy Policy is hereby incorporated by reference into and made a part of these Terms. By downloading, accessing, or using MyHSS or the Services, or otherwise affirmatively acknowledging these Terms (e.g., by clicking “I Agree” in connection with these Terms), you accept and agree to be bound by these Terms and acknowledge our Privacy Policy. These Terms constitute a binding agreement between you and HSS. If you do not agree to these Terms, you may not download, access, or use MyHSS or the Services and must immediately uninstall and discontinue all access to and use of MyHSS and the Services.

HSS reserves all rights in and to MyHSS and the Services that are not expressly granted to you under the Terms.

Permissions We Give You: HSS grants you a non-exclusive, non-sublicensable, non-transferable, revocable license to access and use MyHSS in accordance with these Terms. These Terms will govern any content, materials, or services accessible from or purchased within MyHSS, as well as modifications (including upgrades or new versions) provided by HSS that replace or supplement the original respective versions of MyHSS. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, distribute, display, or create derivative works of MyHSS, any modification, or any part thereof.

No Patient or Client Relationship; No Medical Advice: Your use of MyHSS or the Services to access self-care, exercise and wellness programs and content intended to address physical fitness (“Wellness Content”) does not create a patient or client relationship between you and HSS. Wellness Content is intended for general wellness purposes only and does not constitute medical advice.

You should consult with qualified health professionals who are familiar with your individual medical needs concerning your specific medical issues. Never disregard professional advice or delay in seeking it because of Wellness Content you read on MyHSS or information you provide to MyHSS.

No Use for Urgent Questions or Medical Emergencies: If you have an urgent question for your healthcare provider, please do not use the messaging services of MyHSS to contact your healthcare provider because responses are not monitored in real time and a response to your question may be delayed. If you think you may have a medical emergency, call 911 or seek medical attention at your nearest Emergency Department immediately. You acknowledge that, regardless of whether you are a patient of the Hospital for Special Surgery or any entities that control, are controlled by, or are under common control with HSS and/or their respective faculty and affiliated medical staff and healthcare providers (collectively, “HSS Affiliates”), your use of MyHSS does not necessarily make you a patient of HSS or an HSS Affiliate.

United States Residents Only: MyHSS is intended for use by individuals located in the United States, and are not intended for use by anyone located outside of the United States. You should not use MyHSS if you are not located in the United States. HSS makes no claims that MyHSS or the Services are accessible or appropriate outside of the United States.

Permissions You Give Us: Through your use of MyHSS or the Services, you may submit, upload, post, transmit or otherwise provide personal information, health information, location information consent forms, agreements, requests, comments, ideas, suggestions, information, data, files, videos, images or other materials to us or to MyHSS (“User Information”). You agree that HSS may collect and use User Information, device and usage data, and technical data to facilitate the provision of the Services, software updates, product support, and other services for you. You grant HSS, HSS Affiliates, and their respective contractors a non-exclusive, royalty-free, irrevocable license to collect, use, and process such User Information, device and usage data, and technical data to provide and support the Services and improve our products and offerings. Some of the information you provide through use of MyHSS may be considered protected health information (“PHI”) when held by HSS or its business associates. PHI includes, but is not limited to, demographic and contact information (name, mailing address, email address, gender, age), information about your health, and daily activity health information. As described in more detail in our Privacy Policy, you agree that HSS’s use and disclosure of your PHI will be governed by the HSS Notice of Privacy Practices, available at https://www.hss.edu/notice-of-privacy-practices.asp.

Account Information: User names and passwords provide two layers of authentication. As a user of MyHSS and Services, your role in maintaining the security of your information is: (i) using a strong password, (ii) changing your password on a regular basis, and (iii) keeping your login ID and password confidential and not sharing it with any other person. If you share your MyHSS ID and password with another person, that person may be able to view your information, which may include health information.

De-Identified Information: HSS may de-identify User Information such that it is no longer considered PHI or personally identifiable information. HSS may disclose, aggregate, sell, or otherwise use such de-identified information with third parties for analytics, research, or other purposes and such information is no longer subject to the HSS Notice of Privacy Practices.

Other Users: You agree not to contact other MyHSS or Services users through unsolicited email, telephone calls, mailings or any other method of communication. You represent and warrant to HSS that you have the legal right and authorization to provide all User Information to HSS for use as set forth herein and required by HSS.

Electronic Communications: When you use MyHSS or the Services or send messages from your desktop or mobile device to us through MyHSS, you are communicating with us electronically. HSS will use this information to fulfill your request, interact with you, or provide information on publications, services, or merchandise relevant to your professional, educational, clinical or research interests (“Products and Services”). Unless you advise us otherwise when you provide your email address to us, HSS will send you emails and updates from time to time. YOU CONSENT TO HSS SENDING YOU EMAILS AND COMMUNICATIONS subject to your option to unsubscribe. You may at any time login to your MyHSS account to adjust your settings regarding the manner in which you receive communications from MyHSS. Additionally, email transmitted by HSS related to Products and Services will contain an "unsubscribe" link that allows subscribers to remove themselves from the list of subscribers receiving such communications when required by applicable law. Before sending certain types of electronic communications to you we may seek additional consent from you, and the terms of that additional consent will govern such communications. You agree that (a) all agreements and consents can be signed electronically, and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Furthermore, we are only able to respond to electronic communications you send us based on the information you provide. So if you provide insufficient or inaccurate information, we will not be able to provide accurate and reliable information in response. For the sake of clarity, you may receive emails from your HSS healthcare providers related to your care or treatment, when you request such communications. If you no longer wish to communicate via email with your HSS healthcare provider, you should notify the provider.

Location Information: When you access or use MyHSS through a mobile phone or other device with enabled location-based services, you may provide us with information about your location in order for us to help you navigate to certain destinations of interest during your visit to our facilities or during an appointment that you schedule with us. You agree that we and any third party service providers making that service available may collect and use this location information in order to provide services to you and to improve our services.

Minor’s Information: We do not knowingly collect, maintain, or use User Information provided through MyHSS or Services by individuals under 12 years of age, except as described below in the section titled "Proxy Access for Parents or Legal Guardians of Minors Age 0-17."

If you are between the age of 12 and 17, you may sign up to use MyHSS or the Services during a visit with your HSS healthcare provider. Upon request, an HSS staff member will provide a minor (age 12 – 17) with an activation code to allow the minor to use MyHSS or the Services.

Parents or legal guardians of a minor under 18 years of age may request access to the minor child's Services account by following the terms outlined in the sections below titled "Proxy Access for Parents or Legal Guardians of Minors Age 0-17" and "Limited Proxy Access for Parents or Legal Guardians of Minors Age 12-17." For purposes of these Terms of Use, “minors” does not include emancipated minors.

Proxy Accounts:

Proxy Access for Parents or Legal Guardians of Minors Age 0 – 17: Individuals may request access to the registered account of a minor (age 0-17) by completing the Proxy Access Request Form (Minor Patient/Legal Guardian) and submitting it in person to your minor’s HSS healthcare provider. Such access will only be granted to persons with parental rights or legal guardianship over the HSS patient and only to the extent that the person requesting proxy access can demonstrate the legal right to the patient's medical information. HSS may grant an individual who has self-identified as the parent or legal guardian of a minor temporary limited proxy access to the minor's Services account for the purpose of completing pre-visit forms on behalf of the minor. That limited temporary proxy access account will be terminated (de-activated) unless at the time of the applicable visit the individual's identity and status as parent or legal guardian is confirmed and the individual completes the Proxy Access Request Form (Minor Patient/Legal Guardian). Proxy access by a parent or legal guardian to the minor patient's Services account is subject to these Terms. Proxy access may also be limited, as described in the section below, if the minor is age 12 – 17.
Limited Proxy Access for Parents or Legal Guardians of Minors Age 12-17: Under state and federal law, there are certain types of sensitive medical information that a parent or legal guardian of a minor patient age 12 or older may not view without consent of the minor patient. Because of these requirements, we cannot offer full Services access to parents/legal guardians of minor patients in this age category; access to the Services may be granted only for appointment requests, bill pay functionality and Wellness Content. When a minor patient reaches age 12, proxy access to clinical data will be terminated and the parent/legal guardian will only have access to certain non-sensitive test results as well as appointment requests, bill pay functionality and Wellness Content. Parents or legal guardians who require access to certain clinical information which is not available through MyHSS may submit a request by (i) completing the form located at https://www.hss.edu/files/HSS-Authorization-for-Release-of-Information-Form.pdf (the “Individual Authorization for Release of Information”) and mailing or faxing such form in accordance with instructions therein, or (ii) submitting an electronic version of the form through MyHSS, which can be accessed by selecting the “Request Additional Records” menu option or accessing the “Sharing Hub” and selecting “Request formal copy of the health record.” A parent or legal guardian may request full proxy access to the MyHSS account of a minor (age 12-17) by completing the Proxy Access Request Form (Minor Patient/Legal Guardian) and submitting it in person to the minor’s HSS healthcare provider. Under New York state law, the minor (age 12-17) will be notified of any such health information or proxy access request and will have the right to consent to the parent or guardian’s request by signing the relevant form, or object to the disclosure of such information or account access by declining to sign the form.
Proxy Access for Adult Patients (via the Proxy Access Request Form): An adult patient may grant proxy access to another person by completing the Proxy Access Request Form and submitting it in person to an HSS staff member.
Proxy Access for Adult Patients and Minors Age 12 – 17 (via MyHSS): Adult patients and minors (age 12-17) may also make proxy requests through MyHSS. The patient may make such request on the “Friends and Family Access” tab of MyHSS, which will ask the patient to provide the proxy’s name and email address, and to specify the level of access the patient would like such proxy to have. The proxy will receive an invitation and must provide the patient’s Date of Birth in order to obtain access. For minors age 12 – 17, proxies, by default, will only receive access to certain non-sensitive test results as well as appointment requests, bill pay functionality and Wellness Content, as described in the section above, “Limited Proxy Access for Parents or Legal Guardians of Minors Age 12-17.” HSS will work to establish a Services account for the proxy if one does not already exist. Proxy access to the patient's Services account will be linked to the proxy's Services account, subject to the proxy's agreement to be bound by these Terms of Use.
Revoking Proxy Access: If the proxy's legal or other relationship with the account holder changes, the patient and/or the proxy should update the “Friends and Family Access” tab in MyHSS (which allows users to revoke or limit proxy access), or inform HSS immediately by calling HSS's Health Information Management Department Release of Information Unit at (212) 606-1254 or emailing ROIREQUEST@HSS.edu.

Medical Record Information Available: If you are a patient of HSS, MyHSS and the Services may contain information from your medical record. You acknowledge and agree that certain results may be withheld or delayed when required by law or in other limited situations permitted by law. You may request access to certain clinical information which is not available through MyHSS through this link: https://www.hss.edu/files/HSS-Request-for-Access-to-Health-Information-Form.pdf.

Acceptable Use. You agree not to (i) access or use MyHSS or the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, User Information or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, harassing, pornographic, harmful, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate MyHSS, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of MyHSS or the Services; (v) use robots or scripts with MyHSS; (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by MyHSS or the Services; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to MyHSS or via the Services; (viii) attempt to probe, scan or test the vulnerability of a system or network or to beach security or authentication measures without proper authorization; or (ix) use or reference MyHSS for benchmarking or to create any similar or competitive product. You may not alter the attribution or origin of electronic mail, messages, or posting; harvest or collect protected health information about any other individual who uses MyHSS or the Services; or infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
Comments and Submissions. HSS welcomes your comments with respect to MyHSS and the Services. All comments, feedback, suggestions or other information sent by you to HSS will become HSS’s property and you agree that all intellectual property rights therein are transferred to HSS. For avoidance of doubt, HSS shall own any developments by HSS or on its behalf arising out of your comments, feedback, suggestions or other submissions and you disclaim any and all rights therein.
Data Charges. To the extent MyHSS requires, or permits utilization of, wireless or cellular data access, you shall be independently responsible for securing the necessary data access service. The provider of such access to your mobile device may charge you data access fees in connection with use of MyHSS. You are solely responsible for all such charges payable to third parties.
Ownership. The words “Hospital for Special Surgery” and “HSS” and HSS’s associated corporate logos are the trademarks and service marks of Hospital for Special Surgery. Nothing on MyHSS should be construed as granting any license or right to use any trademark, service mark, or logo displayed on MyHSS without the express permission of HSS or the third party that may own the trademark, service mark, or logo.

Indemnification. You agree to defend, indemnify, and hold harmless HSS, any HSS Affiliate and their respective trustees, directors, medical staff, employees, contractors, agents, successors and assigns from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of MyHSS, the Services, care programs, or any other information posted on MyHSS; (ii) your breach of these Terms or the Privacy Policy; (iii) the content or subject matter of any User Information you provide to HSS or a customer service agent; (iv) any negligent or wrongful act or omission by you in your use or misuse of MyHSS or any Information on MyHSS; or (v) any User Information that you upload to or transmit through MyHSS, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct. Should MyHSS become the subject of an infringement claim, HSS may, at its sole discretion replace, substitute, or terminate your use of the software that is the subject to such claim. HSS will have no obligation for any infringement claim that results from your alteration or modification of MyHSS in a manner not expressly permitted by these Terms, or use of MyHSS for any purpose other than for which it is intended.

Claims of Copyright Infringement. HSS respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to HSS’s Designated Copyright Agent, identified below. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through MyHSS by sending us a notice (“Notice”) complying with the following requirements:

Identify the copyrighted works that you claim have been infringed;
Identify the material you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, a description of where such material may be found on MyHSS;
Provide your mailing address, telephone number, and, if available, email address;
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”; and
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
Hospital for Special Surgery, attention Department of Legal Affairs
535 East 70th Street, New York, NY 10021

Other Sites: In order to provide you with other valuable information, MyHSS may contain links to websites other than our own. Unless otherwise indicated, HSS does not control the content that appears on linked websites that are not clearly identified as part of MyHSS. You acknowledge and agree that these links are provided only for your convenience and, accordingly, and that you access these linked websites at your own risk. HSS is not responsible for examining or evaluating the content or accuracy of any of these websites, and shall not be liable for any such websites. Data made available by the websites, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by HSS or its agents.

Third Party Services. You acknowledge and agree that MyHSS may enable access to or require use of HSS’s or a third party’s services and websites that provide information and services to you on HSS’s behalf, including but not limited to services relating to telehealth, and access to health records or test results (collectively, “Third Party Services”). For example, our HSS Virtual Care and other telemedicine or telehealth services may direct you to an application provided by our service provider, Zoom Video Communications, Inc. For example, MyHSS may direct you to a third-party application to access images of test results that may require access to your mobile devices storage device. In addition, payment and co-payment services to healthcare providers are provided by Epic Systems Corp. You acknowledge and agree that Third Party Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use Third Party Services, you are solely responsible for compliance with any laws applicable to such Third Party Services or their use. HSS reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any Third Party Services at any time without notice or liability to you.

Termination. The Terms are effective for so long as you are using or accessing MyHSS or the Services unless and until terminated by HSS. Your rights under these Terms will terminate automatically if you fail to comply with them. We reserve the right to terminate and/or suspend your access to MyHSS or the Services at any time for any reason.

Modification of MyHSS or the Services. HSS reserves complete and sole discretion with respect to the operation of MyHSS and the Services. We may withdraw, suspend, or discontinue any functionality or feature of MyHSS or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of MyHSS or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to MyHSS or the Services in accordance with our internal record retention and/or destruction policies.

Disclaimer of Warranties. HSS, HSS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE CONTENT, INFORMATION, SERVICES, AND MATERIALS CONTAINED ON OR MADE AVAILABLE THROUGH MYHSS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF MYHSS IS AT YOUR OWN RISK. ACCESS TO MYHSS MAY BE INTERRUPTED. ALTHOUGH HSS ATTEMPTS TO ENSURE THE INTEGRITY AND ACCURATENESS OF MYHSS AND THE SERVICE DESCRIPTIONS, IT MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF MYHSS, THE SERVICES, MATERIALS AND OTHER CONTENT ON OR MADE AVAILABLE THROUGH MYHSS. INFORMATION CONTAINED ON MYHSS MAY BE CHANGED WITHOUT NOTICE. HSS AND HSS AFFILIATES SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR INFORMATION OR CONTENT ON OR MADE AVAILABLE THROUGH MYHSS FROM ANY NON-HSS-AFFILIATED THIRD PARTY AND/OR FOR LOSS OR DAMAGE TO DATA, INCLUDING USER INFORMATION.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF MYHSS, THE SERVICES, AND LINKED WEBSITES. HSS AND HSS AFFILIATES DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY HSS MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY HSS, HSS AFFILIATES OR THIRD PARTIES WITH OR IN CONNECTION TO THE APPLICABLE PRODUCTS OR SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OR SERVICES OBTAINED THROUGH MYHSS MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES.

Limitation of Liability. HSS AND HSS AFFILIATES DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM MYHSS, USE, OR MISUSE OF ANY PRODUCTS, SERVICES, MATERIALS, OR CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH MYHSS OR THE SERVICES, INCLUDING (I) ANY INJURY SUSTAINED IN CONNECTION WITH PERFORMING EXERCISES RECOMMENDED IN ANY WELLNESS CONTENT OR (II) DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE.

NEITHER HSS, ANY PAST, PRESENT AND FUTURE HSS AFFILIATE, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING MYHSS OR THE INFORMATION, SERVICES, AND CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH MYHSS ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, OR CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH MYHSS. ALL INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

IN NO EVENT SHALL HSS NOR ANY HSS AFFILIATE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM THE USE, OR MISUSE OF, OR INABILITY TO USE, MYHSS, THE SERVICES AND/OR THE INFORMATION, SERVICES, OR CONTENT ON MYHSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE REMEDY FOR USE OF MYHSS, THE SERVICES, OR LINKED WEBSITES AND APPLICATIONS IS TO STOP USE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF HSS TO YOU WITH RESPECT TO YOUR USE OF MYHSS IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

BY USING MYHSS, YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS & CONDITIONS OF USE AND MYHSS WOULD NOT BE PROVIDED TO YOU WITHOUT THOSE LIMITATIONS. SOME STATE LAWS REGARDING LIMITATION OF LIABILITY MIGHT APPLY.

No Liability for Select Third Parties. Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain MyHSS, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms and do not own and are not responsible for MyHSS. HSS is responsible for addressing any claims raised by you or any third party regarding MyHSS, including claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. YOU AGREE (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO MYHSS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS & CONDITIONS OF USE OR MYHSS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (C) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (D) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF MYHSS AND THESE TERMS & CONDITIONS OF USE. SELECT THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS & CONDITIONS OF USE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS & CONDITIONS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD-PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that MyHSS or your use of the Services infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

Modified Devices and Operating Systems. HSS will have no liability for errors, unreliable operation, or other issues resulting from use of MyHSS on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of MyHSS on Modified Devices will be at your sole and exclusive risk and liability.

Dispute Resolution. These Terms and the relationship between you and HSS shall be governed by the laws of the State of New York, excluding its conflicts of law provisions. You and HSS agree that all claims, disputes, actions, legal or equitable proceedings, or similar conflicts between you and HSS that in any way relate to these Terms or your use of MyHSS and/or the Services (collectively, “Claims”) will be resolved in the state or federal courts located in and for the Southern District of New York or New York County, New York. Each of you and HSS agree to the sole and exclusive jurisdiction of the foregoing courts for any Claims, specifically waive any and all objections to venue in such courts, and expressly consent to jurisdiction and service of process in accordance with applicable procedures in such courts.

EACH OF YOU AND HSS ACKNOWLEDGE AND AGREE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL ONE, BUT THAT IT MAY BE WAIVED. EACH OF YOU AND HSS, AFTER CONSULTING (OR HAVING THE OPPORTUNITY TO CONSULT) WITH COUNSEL OF THEIR CHOICE, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CLAIMS.

YOU AND HSS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.

Export Compliance. You may not use or otherwise export or re-export MyHSS except as authorized by United States law and the laws of the jurisdiction in which MyHSS was obtained. In particular, but without limitation, MyHSS may not be exported or re-exported (i) into any U.S.-embargoed countries or (ii) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using MyHSS, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

Force Majeure. We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, acts of government (including but not limited to “shelter in place,” “travel ban,” “quarantine” or “shutdown” orders, whether or not already active at the time you access MyHSS), terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemic or epidemic (whether or not already active at the time you access MyHSS), or other disaster.

Entire Agreement. These Terms, including the Privacy Policy and any other documents incorporated into these Terms by reference, constitute the entire agreement between you and us regarding the subject matter of these Terms and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of the Terms. If any provision of the Terms is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if a term cannot be so modified, it will be severed and the remaining provisions of the Terms will not be affected in any way. Our failure to enforce a provision is not a waiver of our right to do so later.

Assignment. You may not assign, transfer, or delegate the Terms or any part thereof without HSS’s prior written consent. HSS may freely transfer, assign, or delegate all or any part of the Terms, and any rights or duties hereunder or thereunder.

No Waiver. The failure of HSS to insist upon strict enforcement of any provision of these Terms & Conditions of Use shall not be construed as a waiver of any provision or right.

No Third Party Beneficiaries. Unless expressly stated in these Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, HSS, and HSS Affiliates, and or the owner of an application store at which MyHSS is posted. Nothing in the Terms and Conditions of Use is intended to relieve or discharge the obligation or liability of any third persons to you, HSS, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, HSS, and its affiliates

Right to Change. HSS may, at any time and from time to time, change the Terms. Any changes to these Terms will be effective immediately upon posting of the changed Terms, which may be found on MyHSS. Your continued access to or use of MyHSS will be deemed acceptance of any changes to these Terms made by HSS.

Copyright/Trademark Information. Copyright ©2025 Hospital for Special Surgery. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on MyHSS are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

GDPR Policy: To view the MyHSS GDPR Privacy Disclosures Policy, please visit MyHSS GDPR Privacy Disclosures.