Last Revised: May 14, 2020
By accessing, browsing, submitting information to and/or using the Website, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local laws, regulations, and/or directives. If you do not agree to the Terms, please do not use the Website.
Purpose of the Website. The Website is provided solely for informational and educational purposes. The information provided is intended to be general in nature, and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.
Not for Medical Treatment. The Website is not a place for the practice of medicine. No formal medical diagnosis, treatment, or prescriptions are allowed or offered through the Website. All information provided on the Website or by CCHMC, including, but not limited to, communications with CCHMC through the Website, is intended to be for general informational purposes only, and is no way intended to create a physician-patient relationship as defined by state and federal law solely as a result of using the Website. The Website and the services offered on the Website are not a substitute for professional medical diagnosis or treatment; and reliance on any information provided on the Website is solely at your own risk.
The material provided on the Website is general in nature and you should carefully evaluate whether it is accurate for your particular condition. CCHMC does not guarantee that the information is or will be complete, accurate, error-free, useful for a certain purpose or available at any particular time.
HIPAA. While some of the information you provide or access through the Website may be health-related, the Website is not subject to the Health Insurance Portability and Accountability Act (“HIPAA”) nor is any information “protected health information” as defined under HIPAA. The Website, and the services and information offered on the Website, are not subject to HIPAA and CCHMC does not represent or warrant HIPAA compliance in its operation of the Website.
Use of the Website. CCHMC grants you a non-exclusive right to access and use the Website and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Website shall be limited to non-commercial purposes unless you are otherwise expressly authorized by CCHMC to use the Website for commercial purposes. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website and comply with applicable laws.
User Account Responsibility. If you are given or create a password to access the Website, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify CCHMC immediately of any unauthorized use of your account. CCHMC is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Prohibited Uses. You agree that you will not:
Not all mobile devices or handsets may be supported by this service. CCHMC and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from CCHMC.
Intellectual Property Notices. The Website and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Website or Content in any manner, except as expressly permitted by CCHMC in these Terms. The Website or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of CCHMC or the applicable owner.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Website. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages may be inadequate. You further acknowledge that, in the event of any such unauthorized use, CCHMC or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Questions regarding the use of any intellectual property provided on the Website should be directed to email@example.com.
For Users Outside the United States or Canada. CCHMC is based in the state of Ohio in the United States. CCHMC provides this Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its Content are accessible or appropriate outside of the United States or Canada. Access to the Website may not be legal by certain persons or in certain countries.
Disclaimer. ALL INFORMATION OR SERVICES PROVIDED BY CCHMC TO YOU VIA THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. CCHMC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, CCHMC MAKES NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT CCHMC IS NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CCHMC DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. CCHMC FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT CCHMC SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST CCHMC FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
Indemnity. You agree to defend, indemnify and hold harmless CCHMC and its service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
Termination and Restriction of Access. In its sole discretion, CCHMC may terminate or suspend your access to the Website for breach of these Terms. CCHMC shall not be liable for any losses or damages arising from any such termination of service.
Arbitration. At its sole discretion, CCHMC may require you to submit any disputes arising from use of the Website, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in Cincinnati, Ohio, under the Rules of Arbitration of the American Arbitration Association applying Ohio law. By using the Website, you hereby consent to submission of any dispute to final and binding arbitration.
Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Governing Law & Jurisdiction. If, at its sole discretion, CCHMC chooses not to require arbitration, these Terms are governed by the laws of the State of Ohio, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Cincinnati, Ohio U.S.A. in all disputes arising out of or relating to the use of the Website.
General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CCHMC as a result of these Terms or use of the Website. You may not assign these Terms without the prior written consent of CCHMC in all instances. CCHMC may assign these Terms, in whole or in part, at any time. CCHMC’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of CCHMC’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by CCHMC with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
Contact Information. Questions can be directed to CCHMC at: firstname.lastname@example.org.