The Iowa Clinic (TIC) Entity Terms and Conditions
Last Updated: 01/22/18
GO TO THE EMERGENCY ROOM OF A LOCAL HOSPITAL OR DIAL 911 IMMEDIATELY IN THE EVENT OF AN EMERGENCY.
THIS IS A CONTRACT BETWEEN YOU AND TIC.
We may revise and update these Terms from time to time without prior notice to you and will post the updated Terms to the Sites. ANY CHANGES TO THESE TERMS WILL APPLY IMMEDIATELY UPON POSTING TO THE SITES. BY USING OR OTHERWISE ACCESSING THE SITES, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITES, YOU HEREBY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS AND ANY CHANGES TO THEM. IT IS YOUR OBLIGATION TO PERIODICALLY REVIEW THESE TERMS FOR SUCH CHANGES.
EMERGENCY OR URGENT MATTERS
No Site, including a Site through which you may communicate with a healthcare provider, should ever be used for emergency or urgent matters. If you believe that you or another individual for whom you have Proxy Access (as described under User Accounts below) needs to speak to a healthcare provider on an urgent basis you should contact the healthcare provider directly by phone. FOR ALL MEDICAL EMERGENCIES AND URGENT MATTERS, PLEASE GO TO AN EMERGENCY ROOM OR DIAL 911 IMMEDIATELY. The Site should not be used for emergency or urgent communications with any healthcare provider. The Site is not a substitute for appropriate and timely contact with a healthcare provider.
NO MEDICAL ADVICE
UNLESS YOU ARE COMMUNICATING DIRECTLY WITH A HEALTHCARE PROVIDER THROUGH A SITE, YOU AGREE THAT PROVISION OF ANY INFORMATION FROM ANY SITE DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS, OR TREATMENT. You are responsible for evaluating specific healthcare providers, treatments, information, content, products, and services that may be available through the Sites. WE DO NOT MAKE ANY GUARANTEE ABOUT THE RELATIONSHIP BETWEEN YOU AND TIC OR ANY HEALTHCARE PROVIDER, OR WHETHER ANY INFORMATION, PRODUCTS, OR SERVICES YOU FIND ON THE SITES WILL HELP YOU ACHEIVE THE RESULT(S) YOU WANT.
INFORMATION CONTAINED IN THE SITES OR ANY SITE-RELATED SERVICE IS INTENDED TO BE INFORMATIONAL ONLY. THE INFORMATION SHOULD NOT BE CONSIDERED COMPLETE, NOR SHOULD IT BE RELIED ON AS A COURSE OF TREATMENT. UNLESS YOU COMMUNICATE DIRECTLY WITH A HEALTHCARE PROVIDER THROUGH A SITE, A SITE SHOULD NOT BE USED IN PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. INFORMATION INCLUDED IN THE SITE IS NOT EXHAUSTIVE AND DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT. ALWAYS CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE BEGINNING A NEW TREATMENT, DIET OR FITNESS PROGRAM. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ ON THE SITES.
THE SITES MAY CONTAIN MATERIALS WHICH YOU FIND SEXUALLY EXPLICIT OR OTHERWISE OFFENSIVE. TIC ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS, AND USE OF THE SITES IS AT YOUR OWN RISK.
- some instances, you may be able to send electronic messages to a healthcare provider through the Site. In such instances, the anticipated turnaround time for response to electronic messages is three (3) business days, but no guarantee is made. If a physician or other healthcare provider is unavailable, messages sent through the Site may be routed to other authorized healthcare providers in order to facilitate a timely response to your request. If you have not received a response to your inquiry within three (3) business days, please contact the healthcare provider directly. Messages you send or receive through the Site may be made part of your medical record, or the medical record of the individual on whose behalf you are acting.
ACCESS TO MEDICAL INFORMATION
If a Site makes medical information from your medical record, or a medical record of an individual for whom you have Proxy Access, available to you, the information available through the Site does not necessarily reflect the complete contents of the medical record. The Site is designed for convenience purposes only, and TIC does not guarantee the Site contains the complete medical record or that the medical information that is made available is correct or accurate. To obtain a complete copy of the medical record you should contact the relevant healthcare provider directly.
TIC assumes no responsibility for how you use or disclose any medical information that may be made available to you through a Site. If you utilize a Site to access your medical information, or another individual’s medical information to which you have been granted Proxy Access, you are responsible for ensuring that the computer systems you use to access the Site have appropriate security controls enabled and that you have accessed the Site through a secure connection. You expressly assume the risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption or corruption of data or other information that you transmit to or receive from the Site. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Site.
OVERVIEW OF CONTENT ON THE SITES
The Sites contain postings, text, images, messages, files, and other information and materials for download and viewing by individual Users (Users) of the Sites, made available by TIC and by advertisers, sponsors and other content contributors (Content Contributors). Portions of the Sites authored by TIC or its authorized agents, contractors, and employees are referred to as TIC Content. Portions of the Sites authored by Users are referred to as User Content. Portions of the Sites authored by other Content Contributors are referred to as Third Party Content.
Use and Accuracy of TIC Content
All TIC Content on the Sites is protected by federal and international copyright and intellectual property laws and is the property of TIC or its suppliers. No portion of the TIC Content may be reprinted, republished, modified, reproduced, or distributed in any form without the express written permission of TIC. This restriction shall not apply to any medical information belonging to you or an individual for whom you have Proxy Access.
You may view or download TIC Content for your own personal use. You must keep intact any notices, including copyright notices, contained on any downloaded TIC Content and you must comply with any applicable end-user license agreements. With respect to TIC Content, any rights not expressly granted by these Terms or any applicable end-user license agreements are reserved by TIC.
Although TIC attempts to ensure the accurateness of the TIC Content, it makes no guarantees whatsoever as to its correctness or accuracy. It is possible that the TIC Content could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to TIC Content by third parties. In the event that an inaccuracy arises, please inform TIC so that it can be addressed. Information contained on the Sites may be changed or updated without notice.
Use of User Content and Third-Party Content
All User Content and Third-Party Content on the Sites are the responsibility of their respective owners. TIC is not responsible for User Content and Third-Party Content, and the views and opinions expressed in User Content and Third-Party Content are not necessarily those of TIC. TIC cannot, and does not, review User Content or Third-Party Content before they are made accessible through the Sites. Nevertheless, please be advised that User Content and Third-Party Content may be protected by federal and international copyright or other laws, and your right to reprint, republish, modify, reproduce, or distribute User Content or Third-Party Content may be limited accordingly.
YOUR USER ACCOUNT
If you are permitted to, and choose to, create an account on a Site, you are the only person authorized to access and use your account. You will not give your username, password, or any other account information to a third party. You must immediately notify us of any known or suspected unauthorized use of your account or any known or suspected breach of security, including, but not limited to loss, theft, or unauthorized disclosure of your password. Additionally, you may change your password at any time. YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON YOUR ACCOUNT. Any fraudulent, misleading, abusive, or illegal activity may be grounds for termination of your account at our sole discretion. We may refer you to appropriate law enforcement agencies.
Any change or update made to your account information, and all other postings, text, images, messages, files, or other materials you post, transmit through, or link to the Sites (collectively, Your Content) are your sole responsibility. TIC and the Sites merely provide a means for the transmission and dissemination of Your Content. YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OF OR ANY ACTIVITIES ASSOCIATED WITH ANY OF YOUR CONTENT. THE RESULTS OF ANY ACTIONS YOU TAKE, BASED ON YOUR CONTENT OR OTHER CONTENT YOU FIND ON THE SITES, ARE SOLELY YOUR RESPONSIBILITY. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind resulting from Your Content.
We do not pre-screen or approve Your Content. We have no obligation to monitor Your Content. However, we reserve the right to review, modify, monitor, distribute, refuse to post, or delete any of Your Content at our sole discretion. We reserve the right at all times and in our sole discretion to disclose any information we believe necessary to satisfy any law, regulation, legal process, or governmental request.
By uploading, transmitting, or posting Your Content, you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute Your Content in whole or in part, provided however, this license will not apply to any identifiable medical information that you upload or transmit through a Site.
You agree that when using the Sites, you will not:
1. Delete, hack, or attempt to change or alter any content or notices;
2. Use any device, software, or routine intended to damage or interfere with the proper functioning of the Sites, servers, or networks connected to the Sites, or take any other action that interferes with any other person’s use of the Sites;
3. Use any automatic or manual device or process to harvest or compile information from the Sites for any reason;
4. Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Sites are based;
5. Introduce into the Sites any malicious or intentionally destructive software routines designed to permit unauthorized access to disable, erase, or otherwise harm the Sites or any Site content;
6. Introduce into the Sites any software routine designed to disable a computer program automatically, with the passage of time, or under the positive control of an unauthorized person;
7. Use any content made available through the Sites in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
8. Attempt to access any other person’s information;
9. Post, upload, or transmit photos or video of any third party without express, written permission. By uploading, transmitting, or posting any photo or video on or through the Sites, you represent and warrant that you have express, written permission from all persons appearing in the media for all potential uses by the Sites or TIC of such media;
10. Send any chain letters, junk mail, unauthorized e-mail, or advertisements;
11. Encourage any illegal activities, or post anything that is obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
12. Decrypt, transfer, frame, display, or translate any part of the Sites;
13. Use the information in the Sites to create or sell a similar service or similar information.
Deactivation of Your Account
We may modify, suspend, or close your account or otherwise stop providing any Sites in whole or in part at any time and for any reason. We will not be liable to you or any third party for suspension or termination of any Site or your account. You will not be able to access any information in your account once your access has been suspended or terminated or a Site itself has been shut down. You are responsible for making sure Your Content and other information you desire is properly backed up so you have access to it in the event of loss, corruption, or cessation of any site, or termination or suspension of your account. WE DO not export Your Content, your Information, or other data during your use of the sites, or provide Your Content, Information, or other data to you when your account is closed.
YOUR INDEMNIFICATION OF TIC
You agree to defend, indemnify and hold harmless TIC, our officers, members, directors, employees and agents, from and against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of all or part of the Sites; (b) any personal information you provide to the Sites; (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations within these Terms; (d) your infringement or misappropriation of any intellectual property or other rights of TIC or third parties by you; or (e) any negligence or willful misconduct by you.
THE SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED IN THE SITES AND ANY SITE-RELATED SERVICE, ARE PROVIDED AS IS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. STATEMENTS OUTSIDE THE TERMS, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS NOT A WARRANTY OR PROMISE BY US, AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY COMMUNICATION, INFORMATION, OR YOUR CONTENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, SITE-RELATED SERVICES, AND ANY LINKED WEBSITES.
Some jurisdictions do not allow the disclaimer of warranties, so such disclaimers and exclusions may not apply to you.
Not all of the health information that you have access to through Sites was created by TIC or a provider employed by TIC. Further, you may have the ability to send electronic messages through the Site to healthcare providers that are not employed by TIC (all such independent providers referred to as Non-TIC Providers). TIC explicitly disclaims any and all liability related to the health information created by Non-TIC Providers that is made available through the Sites, and for any information, activities and communications of Non-TIC Providers that are made through the Sites.
LIMITATIONS OF LIABILITY
NEITHER TIC, OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES OR AGENTS ARE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED IN THE SITES OR ANY LINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, SITE-RELATED SERVICES, CONTENT OR INFORMATION, OR LINKED WEBSITES IS TO STOP USING THE SITES, SITE-RELATED SERVICES, CONTENT OR INFORMATION, OR LINKED WEBSITES.
IF WE ARE FOUND TO BE LIABLE, DESPITE THE LIMITATIONS ABOVE, THEN IN NO EVENT SHALL TIC BE LIABLE FOR ANY DAMAGES RELATING TO THIS AGREEMENT GREATER THAN ONE THOUSAND U.S. DOLLARS ($1000), TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you.
The Sites include numerous trademarks and service marks that are the property of TIC, including without limitation THE IOWA CLINIC. Other trademarks, service marks and logos used in the Sites are the trademarks, service marks or logos of third parties.
It is TIC’s policy to respect the intellectual property of others and to respond quickly to notices of alleged infringement. TIC will terminate the access of all Users who infringe the intellectual property rights of others. Likewise, any apparent infringement of TIC’s intellectual property rights by a User will result in the immediate termination of that User’s access to the Sites.
If TIC removes or disables access to User Content or Third-Party Content according to these Terms, TIC may, in its discretion, provide the Content Contributor with a copy of the notification which prompted removal or disabled access to the User Content or Third-Party Content. However, TIC reserves the right to withhold access to or not replace the User Content or Third Party-Content unless ordered to do so by a court or other tribunal of competent jurisdiction.
The e-mail address you provide during the Site registration process will be the e-mail address we will use for all Site-related communications to you. We may also send you messages via your account at the Site. It is your responsibility to monitor these messages and respond in an appropriate manner. Our Sites may contain links or forms that can be used to contact us so you can comment, make a complaint, make suggestions, and ask questions. You represent and warrant that any information you enter into the Sites is correct and applies only to you and that you will keep your e-mail address and other information about you in your account up-to-date.
CHOICE OF LAW AND VENUE
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS BY USING OUR SITES.
These Terms are entered into in the State of Iowa, U.S.A., and are governed by the laws of the State of Iowa, U.S.A., exclusive of its choice of law rules. YOU AND WE EACH AGREE TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE COUNTY OF POLK IN THE STATE OF IOWA, U.S.A., FOR ALL DISPUTES RELATING TO THESE TERMS. EACH PARTY WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
USERS FROM OUTSIDE THE UNITED STATES
USE OF OUR SITES AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS SET FORTH ABOVE. PLEASE READ THIS INFORMATION CAREFULLY. YOUR CONTINUED USE OF OUR SITES INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS SET FORTH ABOVE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PROMPTLY EXIT THE SITE.