TERMS AND CONDITIONS OF USE

Welcome to The Cleveland Clinic's Website for DrConnect (DrConnect"). Please read these terms and conditions carefully, as your use of any of our Websites 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 use and continued use of the Websites constitutes your agreement to all such terms, conditions and notices.

PRIVACY STATEMENT / NOTICE OF PRIVACY PRACTICES

Please read our Privacy Statement and Notice of Privacy Practices to understand how your personal information will be treated as you make full use of our many features.

COPYRIGHT AND TRADEMARKS

All content included on e-Cleveland Clinic Websites, 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 grants, on behalf of itself, or as the case may be, its affiliates, including Cleveland Clinic Canada Toronto, Inc., Cleveland Clinic Florida and Cleveland Clinic Nevada, a limited license to each user to make personal use only of the Website 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 Website and the associated services or data contained within, making any derivative of the Website or the associated services or data contained within, 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. Due to the highly sensitive nature of the data and information you will access through DrConnect, the license to use CCF's Electronic Medical Records via DrConnect is limited to use on your office and/or your home PC(s) only. You specifically agree not to access DrConnect from any other access point, including without limitation, using hand held devices, unprotected PDAs or laptops (i.e, in airports or public internet kiosks). You hereby agree that you are using and will continue to use appropriate PC safeguards such as a personal firewall, Adware/Spyware protection, up-to-date virus protection and access control (consisting of at least a UserID and a Password) on your PCs designed to protect the confidentiality, integrity and availability of our sensitive information.

DR. CONNECT SECURITY

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. 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.

LINKS TO THIRD PARTY SITES

This Website contains links to Websites operated by other parties. The links are provided for your convenience only. We do not control such Websites and we are not responsible for the content and performance of these sites. The inclusion of links to other Websites does not imply any endorsement of the material on the Websites 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 Websites. Cleveland Clinic encourage you to be aware when you are leaving The Cleveland Clinic site to read the privacy statements of each and every website that you visit before providing any personally identifiable information.

NO WARRANTIES

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. CCF periodically reviews and modifies, where appropriate, its security policies and procedures. Please note that, by its nature, a Website cannot be absolutely protected against intentional or malicious intrusion attempts. Furthermore, CCF does not control the devices or computers or the Internet over which You may choose to send confidential personal information and cannot, therefore, prevent such interceptions of compromises to Your information while in transit to CCF. Therefore, CCF hereby makes no guarantee as to security, integrity or confidentiality of any information transmitted to or from this Website, or stored within this Website. CCF PROVIDES THIS WEBSITE FOR YOUR USE AS IS. YOU EXPRESSLY AND SOLELY ASSUME THE SOLE RISK OF TRANSMITTING YOUR INFORMATION AS IT RELATES TO THE USE OF THIS WEBSITE, AND FOR ANY DATA CORRUPTIONS, INTENTIONAL INTERCEPTIONS, INTRUSIONS OR UNAUTHORIZED DISCLOSURE OF OR ACCESS TO INFORMATION, OR OF ANY DELAYS, INTERRUPTIONS TO OR FAILURES PREVENTING THE USE THIS WEBSITE.

LIMITATION OF LIABILITY

CCF SHALL HAVE NO LIABILITY IN REGARD TO CONSEQUENTIAL, EXEMPLARY, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF EITHER PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CCF’S TOTAL LIABILITY IN REGARD TO OR UNDER THIS AGREEMENT (WHETHER UNDER THE THEORIES OF BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LAW) EXCEED THE FEES PAID, IF ANY, FOR THE INCIDENT CAUSING SUCH DAMAGE.

HIPAA

You agree to comply with the Health Insurance Portability and Accountability Act of 1996 and the related regulations, as they may be amended from time to time (“HIPAA”) in relation to activities under this Agreement, including, but not limited to, the delivery, recording and billing of health care and other applicable related clinical services.

GENERAL

By using CCF's Website, 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 Website is unauthorized in any jurisdiction that does not give effect to the terms and conditions set forth herein.