Terms and Conditions of Use
Welcome to one of Cleveland Clinic's websites (each an "e-Cleveland Clinic site") for individuals seeking a remote consultation from the Cleveland Clinic ("CC"), including through CC's MyConsult or other virtual means. The services offered through this website are designed to permit you and your physician to seek a remote consultation from a healthcare provider from CC, including but not limited to, online second opinion consultations and other designated services from a physician on the staff of CC (the "Services"). The parties agree that the provision of and receipt of such Services represents sufficient consideration. The Services outlined in these Terms and Conditions (the "Terms and Conditions") do NOT include establishing a physician-patient relationship in any capacity and do not include providing diagnosis, care, or treatment for any individual who has requested this Service or may potentially benefit from this Service. The Services provided by CC via this website are telemedicine Services. Telemedicine is the delivery of Services using technology when the consulting healthcare provider and the patient are not in the same physical location. The use of telemedicine to provide Services is accompanied by a set of risks and benefits that are different from traditional in-person healthcare. These risks and benefits are described in these Terms and Conditions of Use as well the consent forms you must complete in order to submit a request for the Services. CC shall have full discretion to accept, reject, or cancel requests for Services as CC deems appropriate for any reason and at any time prior to the completion of the Services. Please read these Terms and Conditions carefully, as your use of any e-Cleveland Clinic sites and any Services resulting therefrom 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 e-Cleveland Clinic sites. CC may, in its sole discretion, amend, modify or otherwise change these Terms and Conditions at any time without notice to you by updating any e-Cleveland Clinic sites. You hereby agree to be bound by all such amendments, modifications and changes, and you agree that you are responsible for reviewing these Terms and Conditions on a regular basis. Your continued use of any e-Cleveland Clinic site or Services resulting from such use constitutes adequate consideration and constitutes your agreement to all such Terms and Conditions.
PRIVACY STATEMENT / NOTICE OF PRIVACY PRACTICES
Please read the CC Privacy Statement and Notice of Privacy Practices to understand how your personal information will be treated as you make full use of the many features of the e-Cleveland Clinic sites.
COPYRIGHT AND TRADEMARKS
All content included on any e-Cleveland Clinic site, 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 trademark and other intellectual property laws and conventions. The Content includes both Content owned or controlled by CC and Content owned or controlled by third parties and licensed to CC. 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 prior written consent of CC.
SITE ACCESS AND LICENSES
CC hereby grants a limited license to you to make personal use only of the e-Cleveland Clinic site and the associated Services in accordance with these Terms and Conditions. Except pursuant to prior written consent by CC, use of the e-Cleveland Clinic site is strictly prohibited for commercial purposes. Furthermore, any report generated as a result of the Services shall not be used in connection with litigation against a third party health care provider as an expert opinion or otherwise. This limited license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of any e-Cleveland Clinic site and the associated Services, making any derivative use of any e-Cleveland Clinic site or the associated Services, the collection and use of user e-mail addresses or other user information, including, without limitation, health information or engaging in or attempting to engage in any data extraction or data mining whatsoever.
The e-Cleveland Clinic sites use encryption software. While CC uses state-of-the-art security, no system can eliminate all risks of intentional intrusion or inadvertent disclosure of information sent to CC. When using any e-Cleveland Clinic site, information will be transmitted over the internet, a medium that is beyond the control of CC and its contractors. Information sent from your personal account to CC may not be protected during transmission. There is no representation, warranty or covenant made or offered by CC related to sage, complete, or hack-proof transmissions in transit or at rest at e-Cleveland Clinic sites. 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 OR STORED AT REST IN CONNECTION WITH THE USE OF ANY e-CLEVELAND CLINIC SITE. Once the information is received by CC, your medical information will be treated as confidential and given the same protection as other protected health information.
CREDIT TRANSACTIONS NOT PAID FOR BY EMPLOYER
If you elect to pay for any Service hereunder through your credit card, CC, in its sole discretion, reserves the right to accept payment from your credit card. By requesting the credit card payment option, you hereby authorize CC to bill and charge the credit card in U.S. dollars for the amount indicated in your order, including any fees, as the same become due and payable. In the event CC elects to so accept payment, CC shall debit the applicable amounts from your credit card. In the event that your credit card expires or CC is otherwise unable to debit the applicable amounts from your credit card, CC shall provide notice to you, whereupon you immediately shall either (i) furnish in writing to CC a valid credit card account number or (ii) make payment to CC in other immediately available funds, whether by a check written on a U.S. bank, money order, wire transfer or otherwise. You agree that you are fully responsible for payment of any Services rendered to you by CC that you have requested hereunder.
REMOTE CONSULTATION SERVICES
The Services provided through the e-Cleveland Clinic sites are considered telemedicine services and are different from the diagnostic services provided by a traditional in-person encounter with a healthcare provider. The healthcare providers providing these telemedicine Services will not have the benefit of information that would be obtained by examining you in-person and observing your physical condition first hand. Therefore, the healthcare provider may not be aware of facts or information that would affect his or her opinion of your condition. In some cases, the missing facts may be critical to the accuracy of the healthcare provider's understanding and opinion.TO REDUCE THE RISK TO YOU OF THIS LIMITATION, THE CLEVELAND CLINIC FOUNDATION STRONGLY ENCOURAGES YOU TO DISCUSS THE RESULTS OF YOUR CONSULTATION WITH YOUR REQUESTING PHYSICIAN.
BY REQUESTING A MYCONSULT REMOTE CONSULTATION THROUGH THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT:
* YOU ARE AWARE OF THE LIMITATIONS OF THESE SERVICES, A TYPE OF TELEMEDICINE SERVICE, AND AGREE TO SOLELY ASSUME THE RISK OF SUCH LIMITATIONS.
* THE OPINION THAT YOU WILL RECEIVE IS LIMITED AND PROVISIONAL, IS NOT A DIAGNOSIS OR TREATMENT OF YOUR CONDITION, AND DOES NOT INCLUDE THE ORDERING OF DIAGNOSTIC TESTS OR PRESCRIBING OF ANY MEDICATION;
* THE REMOTE CONSULTATION IS NOT INTENDED TO REPLACE A FULL MEDICAL OR AN IN-PERSON MEDICAL EVALUATION WITH MY HEALTHCARE PROVIDER;
* THE CONSULTING HEALTHCARE PROVIDER DOES NOT HAVE IMPORTANT INFORMATION ABOUT YOU THAT IS USUALLY OBTAINED THROUGH A PHYSICAL EXAMINATION;
* THE ABSENCE OF A PHYSICAL EXAMINATION MAY AFFECT ACCURACY OF THE HEALTHCARE PROVIDER'S OPINION ABOUT MY CONDITION, DISEASE, OR INJURY;
* THIS SERVICE DOES NOT INCLUDE ANY EMERGENCY CARE YOU MAY REQUIRE.
* THE CONFIDENTIALITY OF MEDICAL INFORMATION MAY BE COMPROMISED BY ELECTRONIC TRANSMISSION AS FURTHER DESCRIBED IN THESE TERMS AND CONDITIONS.
* A VARIETY OF ALTERNATIVE METHODS OF MEDICAL CARE MAY BE AVAILABLE TO YOU, AND YOU MAY CHOOSE ONE OR MORE OF THESE AT ANY TIME. YOUR PHYSICIAN HAS EXPLAINED THE ALTERNATIVE CARE METHODS TO YOUR SATISFACTION.
* CC MAY CANCEL THE SERVICES AT ANY TIME IN ITS SOLE DISCRETION PRIOR TO THE COMPLETION OF THE SERVICES.
* THE MYCONSULT SECOND OPTION SERVICES ARE INTENDED FOR PERSONAL INFORMATION ONLY AND MAY NOT BE USED IN LITIGATION AGAINST ANY THIRD PARTY HEALTHCARE PROVIDER AS AN EXPERT OPINION OR OTHERWISE.
* THE SERVICES OUTLINED IN THESE TERMS AND CONDITIONS AND RENDERED HEREUNDER DO NOT INCLUDE ESTABLISHING A PHYSICIAN-PATIENT RELATIONSHIP IN ANY CAPACITY AND DO NOT INCLUDE PROVIDING DIAGNOSIS, CARE, OR TREATMENT FOR ANY INDIVIDUAL WHO HAS REQUESTED THIS SERVICE OR MAY POTENTIALLY BENEFIT FROM THIS SERVICE.
* NO WARRANTY OR GUARANTEE HAS BEEN MADE TO YOU CONCERNING ANY PARTICULAR RESULT, OUTCOME, OR TREATMENT OF YOUR CONDITION.
THIRD PARTY RECORD COLLECTION SERVICES
Medical records collection assistance ("Record Collection Service") is offered through a third party ("Third Party Provider"). If you choose to utilize Record Collection Service, the fee of the Record Collection Service ("Collection will be charged to you immediately upon registration and is in addition to the fees for any Services rendered by CC. The Collection Fee is non-refundable regardless of whether a Service is rendered. The Collection Fee reflects the Record Collection Service, which must be performed prior to Second Opinion Service. Any additional costs incurred by outside healthcare facilities for the copying and printing of your medical records will not be covered by the Collection Fee or fees relating to the Services and will be your sole responsibility. CC is not liable for the activities of the Record Collection Service and such party may require a link as described below.
LINKS TO THIRD PARTY SITES
This website contains links to website operated by other parties. The links are provided for your convenience only. CC does not control such website and CC is not responsible for the content and performance of these sites. The inclusion of links to other website does not imply any endorsement of the material on the website or any association with their operators. CC does not operate, control or endorse any information, products or services provided by third parties through the Internet. Use of other website 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 these Terms and Conditions and any other terms and conditions of other third-party website.
THIS WEBSITE AND ALL OTHER SITES HOSTED BY CC AND THE CONTENT CONTAINED HEREIN AND THEREIN AND ALL SERVICES ARE PROVIDED BY CC ON AN "AS IS" BASIS. CC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR SECURITY OF ITS WEBSITES, OR THE CONTENT, PRODUCTS AND/OR SERVICES INCLUDED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT, AND ANY COURSE OF PERFORMANCE.
LIMITATION OF LIABILITY
SOME OF THE MATERIAL ON CC WEBSITES IS PROVIDED BY THIRD PARTIES AND CC SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD-PARTY MATERIAL. CCF HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR, OR LIABILITY RELATED TO, SUCH THIRD-PARTY MATERIAL. ANY QUESTIONS, COMPLAINTS OR CLAIMS RELATED TO ANY MATERIAL PROVIDED BY A THIRD-PARTY SHOULD BE DIRECTED TO THE APPROPRIATE THIRD PARTY. IN ADDITION, CC HAS NO LIABILITY IN REGARD TO CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES, AND THIS LIMITATION IS A MATERIAL TERM, THE AGREEMENT OF WHICH BY THE PARTIES IS REQUIRED IN ORDER FOR CC TO RENDER SERVICS HEREUNDER. IN THE EVENT THAT ANY PART OF THIS CLAUSE FAILS IN ITS INTENDED OR ESSENTIAL PURPOSES, CC'S TOTAL LIABILITY FOR ANY TYPE OF DAMAGE IN THE AGGREGATE SHALL NOT EXCEED THE FEES PAID TO CC FOR THE SERVICES RENDERED HEREUNDER.
By using CC's website, you agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern both these Terms and Conditions and any disputes that might arise between you and CC, its officers, directors, employees, contractors, agents and affiliates. You expressly agree that exclusive jurisdiction for any dispute with CC, its officers, directors, employees, contractors, agents and affiliates, shall be in the courts of the State of Ohio, Cuyahoga County and you further agree and expressly consent to the exercise of personal jurisdiction by and in the courts of the State of Ohio, Cuyahoga County in connection with any claim involving CC, its officers, directors, employees, contractors, agents and affiliates. Use of the CC's website or receipt of any web-based Services is unauthorized in any jurisdiction that does not give effect to these Terms and Conditions. In the event that you are accessing CC's website pursuant to an eHealth Service Agreement in connection with a corporate employer arrangement, you and your employer are bound by these Terms and Conditions.