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Arizona Advance Directives Registration Agreement
Terms & Conditions
1. The AzHDR. The AzHDR is a free online registry for securely storing and accessing advance directives electronically. The Arizona Department
of Health Services (“ADHS”) has designated Health Current to operate the AzHDR. (see A.R.S. §§ 36-3291 through 3297). Health Current has contracted
with a technology vendor(s) (“Vendor”) to power this service. Use of the AzHDR is voluntary. Your decision to submit (or not submit) documents to
the AzHDR will NOT affect the validity or revocation of any advance directives. While Health Current and its Vendor enable individuals to submit,
store and access advance directives, Health Current and its Vendor do not take any part in, and are not responsible for, whether or how these advance
directives are used or any interactions between you and third parties.
2. Submitting Advance Directives.
(a) Advance Directives. The documents that may be submitted to the AzHDR are limited to health care powers of attorney, mental healthcare powers
of attorney, living wills, and prehospital medical care directives, as well as any attachments and any amendments thereto (collectively, “advance
directives”). Arizona law requires that documents submitted to the AzHDR be notarized or witnessed. You must NOT submit any original
documents to the AzHDR. Original documents may not be returned. All documents submitted must be copies. Once accessible in the
AzHDR, any paper documentation submitted to Health Current will be shredded and securely destroyed. Health Current will not retain
paper copies of your advance directives.
(b) Representation and Warranty. You represent and warrant that the information you provide to us is accurate, current and complete. This is an
ongoing representation and warranty. You must not misrepresent your identity, provide false information, impersonate another person, or misrepresent
your relationship with a person.
(c) Consent. By submitting documents to the AzHDR, you are giving your permission for Health Current to store these documents and make them
accessible to third parties subject to applicable law. You must follow all the laws that apply to you regarding the release of information to the AzHDR.
You are solely responsible for obtaining and any all consents or authorizations that you determine are required by the laws that apply to you to release
information (including without limitation advance directives) to the AzHDR (collectively, “Consent”).
(d) Activation. You acknowledge and agree that in order to activate your submission of an advance directive to the AzHDR, we must receive
confirmation that the information submitted is correct. We may ask you for that confirmation. If applicable to your submission, you acknowledge, agree
and authorize Health Current to provide your submission and the details surrounding that submission to the person who is the subject of the advance
directive. You further authorize us to contact that person using the contact information you have provided to us. For example, if you are submitting an
advance directive for another person, and you give us that person’s physical address, email address or telephone phone number, you authorize us to use
that contact information to inform that person that you have submitted an advance directive about that person.
(e) Identity Verification. Before we activate your document submission(s), we will also require you to verify your identity. In order to do that, you will
be required to provide certain personal information about yourself and may be asked to provide personal information about the person who is the
subject of the advance directive if you are submitting the advance directive for someone other than yourself. If you submit this Agreement and your
advance directive by fax or mail to Health Current, you will be required to have your signature notarized to verify your identity. By signing this agreement
before a notary public, you hereby consent to this form of identity verification. You represent and warrant that you have obtained any and all Consents
to provide personal information about another person as part of your submission.
(f) No Document Validation. You acknowledge that Health Current has no obligation to pre-screen, verify or validate the advance directive(s) or any
other documents you submit to the AzHDR; however, we reserve the right in our sole discretion to pre-screen, refuse to activate, or remove any
document if it violates this Registration Agreement or is otherwise objectionable.
3. Accessing Advance Directives.
(a) Your AzHDR Account. Once we receive your document submission, we will create an AzHDR account that you can claim by registering with us
at
signup.azhdr.org You may review, retrieve, revoke and replace documents through your AzHDR account or by contacting us at
[email protected] It may take up to three weeks for us to process a request. A revocation or replacement is not effective until it is processed, and it will not affect any access,
disclosure, use or other action taken in reliance on a previously submitted document before the effective date of the change.
(b) Security. Health Current uses industry standard safeguards to ensure the security, privacy and integrity of the AzHDR, but we need your help. You
must protect your AzHDR account information and credentials. Health Current and its Vendor will not be responsible for any loss or damage caused
by someone else using your account.
(c) Privacy. Health Current will not use or disclose information we maintain for the AzHDR except as allowed by state or federal law, including the
AzHDR Confidentiality Law (see A.R.S. § 36-3295). Please read the Privacy Policy on the AzHDR website (azhdr.org) to learn how information about
you is collected, used, and shared in connection with the AzHDR. By signing this Registration Agreement or by submitting documents to the AzHDR,
you are also agreeing to the Privacy Policy. The Privacy Policy (and changes to it) are incorporated by reference into these Terms & Conditions.
(d) DISCLAIMER. HEALTH CURRENT AND ITS VENDOR DO NOT GUARANTEE THAT INFORMATION (INCLUDING WITHOUT
LIMITATION ADVANCE DIRECTIVES) ON OR ACCESSIBLE THROUGH THE AZHDR WILL BE ACCURATE, COMPLETE, TIMELY
(REAL TIME OR CONTINUOUSLY), ERROR-FREE, SECURE, OR WITHOUT INTERRUPTIONS, OR THAT ANY ERRORS WILL BE
CORRECTED. YOU UNDERSTAND AND AGREE THAT THE AZHDR IS PROVIDED “AS IS” AND “AS IS AVAILABLE” WITH ALL
FAULTS. NEITHER HEALTH CURRENT NOR VENDOR SHALL BE LIABLE FOR THE LOSS, DESTRUCTION OR UNAVAILABILITY
OF ALL OR PART OF YOUR SUBMITTED DOCUMENTS.
4. Electronic Communications. By giving us your contact information, you are agreeing to receive communications, including without limitation
calls, emails, text messages and notifications, from Health Current, Vendor and/or our affiliates about the document(s) you submitted and/or your use
of the AzHDR, including without limitation notices and advisories. These communications may be done by automated dialing equipment and/or artificial
voice or prerecorded messages. You may receive multiple messages each day. Standard message and data rates apply. We are not responsible for any
data transmission fees. You can opt out at any time from receiving text messages by replying “STOP.” This opt-out process does not apply to live phone
calls or emails, which may continue in case we need to reach you.
5. Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS,
REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH
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