TERMS AND CONDITIONS OF USE
Welcome to The Cleveland Clinic's Web site for patients seeking a MyConsult remote consultation, (including MyConsult remote "Second Opinion"). Please read these terms and conditions carefully, as your use of any of our Web sites constitutes your acceptance of these terms and conditions. If you do not accept any of the terms and conditions stated here, do not use any of our e-Cleveland Clinic sites. We may, in our sole discretion, change these terms and conditions at any time by updating this Web page. You are bound by all such modifications, and you are responsible for reviewing these terms and conditions on a regular basis. Your continued use of the Web sites constitutes your agreement to all such terms, conditions and notices.
PRIVACY STATEMENT / NOTICE OF PRIVACY PRACTICES
COPYRIGHT AND TRADEMARKS
All content included on e-Cleveland Clinic Web sites, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the "Content"), in any form including the compilation thereof, are protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by The Cleveland Clinic Foundation ("CCF") and Content owned or controlled by third parties and licensed to CCF. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without the express written consent of CCF.
SITE ACCESS AND LICENSES
CCF Grant. CCF grants a limited license to each user to make personal use only of the Web site and the associated services in accordance with these terms and conditions of use. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Web site and the associated services (other than the request for a MyConsult remote consultation in accordance with these terms and conditions of use), making any derivative of the Web site or the associated services, the collection and use of user e-mail addresses or other user information, including, without limitation, health information or any data extraction or data mining whatsoever.
This Web site uses encryption software. While we use state-of-the-art security, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information sent to us. When using e-Cleveland Clinic information will be transmitted over a medium that is beyond the control of The Cleveland Clinic and its contractors. YOU HEREBY EXPRESSLY SOLELY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF E-CLEVELAND CLINIC. Once the information is received by us, your medical information will be treated as confidential and given the same protection that all other Cleveland Clinic medical records are given.
If you elect to pay for any service hereunder through your credit card, we, in our sole discretion, reserve the right to accept payment from your credit card. By requesting the credit card payment option, you hereby authorize us to bill and charge the credit card indicated in your order, for any fees and/or any other amounts provided for in your order, as the same become due and payable. In the event we elect to so accept payment, we shall debit the applicable amounts from your credit card. In the event that your credit card expires or we are otherwise unable to debit the applicable amounts from your credit card, we shall provide notice to you, whereupon you immediately shall either (i) furnish in writing to us a valid credit card account number, or (ii) make payment to us in other immediately available funds, whether by check or otherwise.
The service provided through this Web site is different from the diagnostic services typically provided by a physician. The CCF physicians providing this service will not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the physician may not be aware of facts or information that would affect his or her opinion of your diagnosis. In some cases, the facts may be critical to the opinion. TO REDUCE THE RISK TO YOU OF THIS LIMITATION, THE CLEVELAND CLINIC FOUNDATION STRONGLY ENCOURAGES YOU TO DISCUSS THE SECOND OPINION WITH YOUR PHYSICIAN. BY DECIDING TO ENGAGE THIS SERVICE, YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THIS LIMITATION AND AGREE TO SOLELY ASSUME THE RISK OF THIS LIMITATION.
BY REQUESTING A MYCONSULT REMOTE CONSULTATION (INCLUDING REMOTE SECOND OPINION) THROUGH THIS WEB SITE, YOU ACKNOWLEDGE AND AGREE THAT:
* THE DIAGNOSIS THAT YOU WILL RECEIVE IS LIMITED AND PROVISIONAL;
* THE REMOTE CONSULTATION (SECOND OPINION) IS NOT INTENDED TO REPLACE A FULL MEDICAL EVALUATION OR A FACE-TO-FACE VISIT WITH A PHYSICIAN;
* THE PHYSICIAN DOES NOT HAVE IMPORTANT INFORMATION THAT IS USUALLY OBTAINED THROUGH A PHYSICAL EXAMINATION;
* THE ABSENCE OF A PHYSICAL EXAMINATION MAY AFFECT THE PHYSICIAN'S ABILITY TO DIAGNOSE MY CONDITION, DISEASE OR INJURY;
BY ENGAGING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE TO SOLELY ASSUME THE RISK OF THESE LIMITATIONS. YOU FURTHER UNDERSTAND THAT NO WARRANTY OR GUARANTEE HAS BEEN MADE TO YOU CONCERNING ANY PARTICULAR RESULT OR CURE OF YOUR CONDITION.
LINKS TO THIRD PARTY SITES
This Web site contains links to Web sites operated by other parties. The links are provided for your convenience only. We do not control such Web sites and we are not responsible for the content and performance of these sites. The inclusion of links to other Web sites does not imply any endorsement of the material on the Web sites or any association with their operators. The Cleveland Clinic Foundation does not operate, control or endorse any information, products of services provided by third parties through the Internet. Use of other sites is strictly at your own risk including, but not limited to, any risks associated with destructive viruses. You are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the other Web sites.
THIS SITE AND ALL OTHER SITES HOSTED BY CCF AND THE CONTENT CONTAINED HEREIN AND THEREIN ARE PROVIDED BY CCF ON AN "AS IS" BASIS. CCF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITES, OR THE CONTENT, PRODUCTS AND/OR SERVICES INCLUDED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CCF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE AND/OR INFRINGEMENT.
LIMITATION OF LIABILITY
SOME OF THE MATERIAL ON THE CCF SITE IS PROVIDED BY THIRD PARTIES AND CCF SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD-PARTY MATERIAL. CCF DISCLAIMS ANY RESPONSIBILITY FOR OR LIABILITY RELATED TO SUCH THIRD-PARTY MATERIAL. ANY QUESTIONS, COMPLAINTS OR CLAIMS RELATED TO ANY PRODUCT SHOULD BE DIRECTED TO THE APPROPRIATE THIRD PARTY.
By using CCF's Web site, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute that might arise between you and CCF, its doctors, nurses, staff or other affiliates. You expressly agree that exclusive jurisdiction for any dispute with e-Cleveland Clinic or The Cleveland Clinic Foundation, its affiliates, employees, subsidiaries, contractors, officers and directors, resides in the courts of the state of Ohio and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the state of Ohio in connection with any claim involving The Cleveland Clinic Foundation, its affiliates, employee, subsidiaries, contractors, officers and directors. Use of the CCF's Web site is unauthorized in any jurisdiction that does not give effect to the terms and conditions set forth herein.