Internet Legal Page/Disclaimer for Children’s Medical Center Websites

Internet Legal Page/Disclaimer for Children’s Medical Center Websites

This site (the "Site") is an on-line information and communication service center and internet site provided by Children's Medical Center of Dallas ("Site Owner"). Access and use of the Site is subject to the following terms and conditions (the "Terms and Conditions") and all applicable laws. By accessing or using the Site, you agree to be bound by all of the terms and conditions of Use of this Agreement. This Agreement is intended to be fully effective and binding. BY USING THE SITE, YOU ACCEPT THESE TERMS AND CONDITIONS OF USE.

Copyright

The contents of the Site, including text, images, graphics, sound files, animation files, audio and video files and their arrangement on this and other Site Owner’s websites are subject to copyright and intellectual property protection. These contents may not be used for public or commercial purposes without Site Owner’s written permission. Material from the Site may be downloaded for non-commercial and personal use only. Any downloads must retain all copyright and other proprietary notices contained on the materials and may not be altered in any way.

Terms and Conditions

  1. General Terms of Use
    • The Site is provided to you for your personal use only and to provide information, education, and communication.
    • Site Owner makes no warranties, either express or implied, regarding the contents of the Site.
    • This Agreement constitutes your acknowledgement that your sole and exclusive remedy for your dissatisfaction with the Site is to discontinue using the Site.
  2. Disclaimers.
    • The Site does not constitute an attempt to practice medicine.
    • Use of the Site does not establish a doctor-patient relationship.
    • Always seek the advice of your physician or other qualified healthcare professional with any questions you may have regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
    • If you think you have a medical or psychiatric emergency, call 911 or go to the nearest hospital.
    • While the Site attempts to remain current, healthcare information changes rapidly and thus the Site should not be relied upon as comprehensive or error-free resource.
    • Site Owner may revise the information on this Site or otherwise change or update the Site, including these Terms and Conditions, without notice to you. Site Owner encourages you to periodically read these Terms and Conditions to see if there have been any changes that may affect User.
    • Your continued use of the Site will signify your continued agreement to these Terms and Conditions as they may be revised.
    • Site Owner reserves the right to revoke access to social media sites and any non-public portions of the Site at any time for any reason.
  3. Privacy Policy.
    • Site Owner is strongly committed to protecting the privacy of its patients. The Site does not collect personally identifiable information about individuals, except when it is knowingly provided by such individuals.
    • Site Owner’s server collects information automatically. The information collected does not link to your personal identity. We view the information collectively to evaluate trends. Information collected includes the browser and version you access the internet through (for example Internet Explorer, Firefox or Google Chrome), the day and time you access the Site, if you are a repeat visitor of the Site or a new visitor, and the pages you visit.
    • All user information volunteered online through Site Owner's Guestbook will only be used for internal purposes and will not be released to external entities or corporations. The Site Administrator will store volunteered information on servers protected by Site Owner.
    • This Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the Site analyze how users use the Site. The information generated by the cookie about your use of the Site will be transmitted to and stored by Google.
    • Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for website operators and providing other services relating to Site activity and internet usage. Google may also transfer this information to third parties when required by law, or when such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.
    • You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do so you may not be able to use the full functionality of this Site. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
    • This Site uses Google AdWords features including remarketing, interest categories, similar audiences, other types of internet-based advertising and demographic and location targeting.
    • Any personal information you submit to the Site is governed by Site Owner’s Notice of Privacy Practices. This includes information on your rights to see and receive copies of your personal health information.
    • The Notice of Privacy Practice, found here, is in compliance with HIPAA and all other relevant federal and state statutes. Notice of Privacy Practice.
  4. Contents/Availability of Site.
    • Content on the Site, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of Site Owner or its licensors and is protected by United States and international copyright laws. This material may not be used except as provided (a) in these Terms and Conditions or (b) in the relevant text on the Site, as applicable.
    • Site Owner neither warrants nor represents that your use of the materials displayed on the Site will not infringe rights of third parties. While Site Owner uses reasonable efforts to include accurate information on the Site, (which is updated periodically), Site Owner makes no warranties or representations as to its accuracy, and you may use it at your own risk.
    • The Site may also contain information posted by others, where Site Owner does not have any control. Site Owner assumes no liability or responsibility for any errors or omissions in the content on the Site.
    • Site Owner may change the contents of the Site, restrict access to the Site, or terminate the Site at any time.
    • Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by Site Owner. Content and features are subject to change or termination without notice in the editorial discretion of Site Owner.
    • The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

  5. My Chart
    • My Chart/Patient Portal is a secure Site provided by Site Owner through which a patient or patient’s family can obtain limited patient medical information. Although My Chart displays certain information from a patient’s medical record, it DOES NOT display all information from a patient’s medical record.
    • MY CHART IS NOT INTENDED TO BE A REPLICA OF A PATIENT’S MEDICAL RECORD AND CANNOT BE SUBSTITUTED FOR A PATIENT’S OFFICIAL MEDICAL RECORD.
    • To request a complete copy of patient’s medical record, please contact Site Owner’s Health Information Management Department at http://www.childrens.com/new-and-current-patients/current-patients/copies-of-medical-records/.
    • Site Owner affords the same degree of confidentiality to health information stored on My Chart as is given to health information stored by Site Owner in any other medium. Firewalls, passwords, encryption, and audit trails are used to safeguard your information. Site Owner has taken steps to make all information received from our online visitors as secure as possible against unauthorized access and use.
    • User names and passwords provide two layers of authentication and are stored in an encrypted database that is isolated from the Internet. As a My Chart user, your role in maintaining the security of your medical information is: 1) changing your password on a regular basis, and 2) keeping your login ID and password confidential.
    • Users of My Chart may be notified via email, text or instant message when there is new medical information to be viewed. This means that any person with access to your email, text or instant messages will be able to see this notification. Although no private medical information will be sent via email, text or instant message, the notification will state that new medical information is available by accessing the Patient Portal. You should take this into account when providing Children’s any messaging address.
    • For any inquiries submitted through the Patient Portal via email please allow at least three (3) business days for a response.
    • Emergency or urgent situations requiring immediate attention SHOULD NOT be submitted electronically, but User should instead call patient’s doctor, immediately go to the nearest Emergency Department, or call 911.
    • Site Owner is only able to respond to electronic communications based on the information you provide. Insufficient information provided could inhibit medical providers from providing accurate and reliable services.
    • You are responsible for checking any responses sent to the My Chart inbox. These messages may contain information important to patient’s health and medical care.
  6. Patient Family Social Network
    • Patient Family Social Network is Site Owner’s social network which allows you to post information on a secure social network and provide support to family members.
    • Membership in Patient and Family Social Network is restricted to Site Owner patients and family members of patients.
    • Employees of Site Owner and physicians are ONLY allowed membership in the Patient and Family Social Network if their child is a current or previous patient or family member of Site Owner.
    • Employees and staff members of Site Owner are only eligible to join the Patient and Family Social Network if they are a patient or family member of a patient and NOT as a staff member or employee.
    • Any personal information, communication or material posted/transmitted by to a staff member or employee to the Site is posted as a patient or family member and NOT as a staff member or employee.
    • Any medical or professional knowledge of a staff member or employee regarding other members in the Patient and Family Social Network that is based on their role as a staff member or employee of Site Owner and is confidential and governed by Site Owner’s Privacy Practices.
    • Patient Family Social Network General User Rules of Conduct:
      1. Respect others’ privacy when using the Patient and Family Social Network as well as any other of Site Owner’s social networking sites, if any.
      2. Do not post pictures of others without their permission.
      3. Do not post others health-related information which you are not authorized to share.
      4. Refrain from slander, profanity, abusive or threatening comments.
      5. Do not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
      6. Do not upload or transmit any communications or content of any type that infringe upon, misappropriate or violate any rights of any party.
      7. Do not sign on as or impersonate another person, or create a false account, any false account information, or false health record information for yourself or others.
      8. Do not advertise or solicit business.
      9. Do not post chain letters, pyramid schemes requests, or petitions for signatures
      10. Do not use the Patient Family Social Network in any way that is intended to harm, or that a reasonable person would understand would likely result in harm, to any Users or others.
    • Site Owner reserves the sole right to review, edit and/or delete any comments it deems are inappropriate. Comments including but not limited to the following may be deleted or edited by the moderators: abusive or hurtful comments; off-topic and redundant comments (including but not limited to promotion of events, groups, pages, websites, organizations and programs not related to or affiliated with the hospital); comments that use offensive language or "hate speech" (including, but not limited to, racial, ethnic or gender bashing language); personal attacks or defamatory statements or comments (i.e., making negative personal or untrue comments about a participant).
    • Any personal information, communication or material that User posts/transmits to the Site will be treated as non-confidential and non-proprietary, and not governed by the Site Owner’s Privacy Practices.
    • Anything that User transmits or posts may be used by other users of the Site for any purpose, including reproduction, disclosure, transmission, publication, broadcast, posting and market research.
    • Site Owner has the right but is under no obligation to monitor or review the portion of the Site where patients and families post information.
    • Site Owner assumes no responsibility or liability arising from the content of any such locations, or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within such locations on the Site.
    • Site Owner will fully cooperate with any law enforcement authorities or court order requesting or directing Site Owner to disclose the identity of anyone posting any such information or materials.
  7. Minor Eligibility.
    • My Chart/Patient Portal Eligibility: Unless otherwise allowed by law, an individual must be age 18 or older to request a My Chart account. However, a minor 13 years or older may create a My Chart account with parental/legal guardian permission and that parent/legal guardian being assigned Proxy Access by which parents/legal guardians may access a minor patient’s account. In such circumstance:
      1. A My Chart account will be activated for both the proxy and the account holder.
      2. Only one person will be granted Proxy access to a My Chart account.
      3. If the proxy’s legal relationship with the account holder changes, the proxy must inform the clinic immediately by calling Member Services at 866-499-2742, or sending written notice to Children’s Medical Center of Dallas, Attention Health Information Management.

    Due to restrictions imposed by state or federal law, there may be circumstances where the parent or legal guardian cannot be allowed full Proxy Access to a patient’s information on their My Chart/Patient Portal. Because of these legal requirements, Site Owner reserves the right to deny access as appropriate under the law.

    Patient Family Social Network Eligibility: Patients and family members who are 13 years of age and older may join the Patient and Family Social Network and create their own profile and account. All Profiles are public and are age filtered into two separate groups 1) a 13 year old through 17 year old group and 2) an 18 year old and older group.
  8. Proprietary Rights. Images of people or places displayed on the Site are either the property of Site Owner or third parties. The use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided by Site Owner. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Site Owner and others. No Trademark displayed on the Site may be used without the written permission of the party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, is strictly prohibited. You are also advised that Site Owner will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where authorized.
  9. External Links. The Site may contain links to other websites that are not owned or controlled by Site Owner ("Third Party Websites"). Site Owner is not responsible for the content, security or the privacy practices of Third Party Websites. Please review the privacy statement and any terms of use of each Third Party Website you visit. Unless we specifically advise you otherwise, links to Third Party Websites do not constitute or imply endorsement by Site Owner of those sites, the information they contain or any products or services they describe. Site Owner does not receive payment or other remuneration in exchange for linking to or using any Third Party Websites. Your linking to any other off-site pages or other sites is at your own risk.
  10. Limitations on Warranties, Liability and Damages. Your use and browsing of the Site is at your risk. Neither Site Owner nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Site Owner also assumes no responsibility, and cannot be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site, or your downloading of any materials, data, text, images, video, or audio from the Site.
  11. Lack of Confidentiality. Any communication or material that you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary, except for information submitted to My Chart/Patient Portal which is subject to Site Owner’s Privacy Practices. Anything that you transmit or post may be used by Site Owner, its affiliates and others providing services for the Site, for any purpose, including reproduction, disclosure, transmission, publication, broadcast, posting and market research. Furthermore, Site Owner and those providing the services for the Site are free to use any ideas, concepts, know-how, and techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
  12. Availability of Product. Since the Site may be accessed from sources internationally where Site Owner does not do business, Site Owner does not represent that it is doing business in all such areas, or that its products or services will be available in any particular country or jurisdiction. Such products or services will only be made available when Site Owner makes them available, and in compliance with applicable laws.
  13. Physician Contribution. PHYSICIANS WHO MAY CONTRIBUTE INFORMATION TO THIS SITE ARE NOT EMPLOYEES OF THE SITE OWNER BUT ARE EITHER MEMBERS OF THE SITE OWNER'S MEDICAL STAFF AND/OR EMPLOYEES OF OTHER INSTITUTIONS.
  14. Social Media Disclaimer.
    The opinions and/or views expressed on Site Owner’s social media platforms, including, but not limited to, the Children’s Dallas Event app, our blogs, widgets, Facebook, Twitter, LinkedIn and YouTube pages, represent the thoughts of individual contributors and online communities, and not those necessarily of Site Owner or any of its corporate affiliates or any of their respective directors, officers, employees, medical staff or members of its respective board of directors. The opinions and views expressed on these pages do not in any way reflect the views of the Site they are posted on, other sites affiliated with the Site, the staff involved with maintaining the Site or any members of the Site.
    • By submitting content (comments, stories, photos, etc.) to any of Site Owners social media sites, you understand and acknowledge that this information is available to the public, and that Site Owner may use this information for internal and external promotional purposes and fundraising purposes. Please note that other participants may use your posted information beyond the control of Site Owner.