These Terms and Conditions (also referred as “Terms” or “Agreement”) are made by and between UC Health, LLC, which includes all facilities and organizations that operate as part of the UC Health system, including but not limited to University of Cincinnati Medical Center, LLC, West Chester Hospital, LLC, Daniel Drake Center for Post-Acute Care, LLC, University of Cincinnati Physicians Company, LLC and all outpatient locations and physician practices affiliated with UC Health (collectively, “UC Health”, “we”, “us” or “our”) and you the user (“you”, “your”, or “User”). These Terms and Conditions shall apply when you access visit, browse, use, or attempt to interact with, or use any part of uchealth.com, or any UC Health service or content (collectively “Site”). You agree that you have read, understand, and agree to be bound by these Terms and Conditions.
These Terms and Conditions are not applicable to the UC Health MyChart site. The UC Health MyChart site is governed by a different set of terms and conditions that can be found here.
I. CONTENT DISCLAIMER
IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY PERSONNEL (911) TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON ELECTRONIC COMMUNICATIONS FOR ASSISTANCE REGARDING YOUR IMMEDIATE, URGENT MEDICAL NEEDS.
The content of our Site is presented for educational purposes only and is not intended as medical advice or to substitute for the recommendations of your physician. The information should not be considered complete and should not be used or relied upon to suggest a course of treatment for a particular individual or used in place of a visit, call, consultation, or advice of your physician or other health care provider. You should not disregard medical advice or delay in seeking advice or treatment because of anything you read on this Site.
Although we have attempted to provide accurate information on this Site as a service to its Users, we assume no responsibility for and make no representations with respect to the accuracy of the information. We are not responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to this Site, its content, or information contained herein, or any links from this Site.
II. ACCESSING THE SITE AND ACCOUNT SECURITY
We reserve the right to prohibit, restrict, or discontinue your access to certain pages within the Site if you violate this Agreement. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and any resources downloaded from the Site that all the information you provide on the Site is correct, current, and complete.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
III. INTELLECTUAL PROPERTY
All content included in the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of UC Health or its suppliers or contractors and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or any of the resources available for download from the Site.
All trademarks, service marks, and logos or copyrights displayed and used in this Site are the property of their respective owners. Nothing in this Site should be construed as granting any right or license to use any trademark without the written permission of its owner.
V. PROHIBITED USES
You agree that you will not:
- Use this Site for any purpose in violation of local, state, national, or international laws.
- Use this Site to distribute advertising or other unsolicited material to any third party.
- Use this Site to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity.
- Attempt to disable, "hack," or otherwise interfere with the proper functioning of this Site.
- Violate or attempt to violate the security of the Site, including, without limitation:
- accessing data not intended for Users or logging onto a server or an account that Users are not authorized to access;
- attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
- accessing or using the Site or any portion thereof without authorization, in violation of this Agreement or applicable law.
- Use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, or bypass our exclusion headers or other measures we may use to prevent or restrict access to the Site.
- Use any device, software, routine, or any other means to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
VI. USER CONDUCT
The content of this Site is protected by copyright under both United States and foreign law. You may download, use, and copy the materials found on the Sites for your personal, noncommercial use only, provided that all copies that you make of the material must retain any copyright, trademark, or other proprietary notice located on the Site, which pertain to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent, or other intellectual property right in the material or the products, services, processes, or technology described therein. All such rights are retained by UC Health, its subsidiaries, and/or any third-party owner of such rights.
VII. LINKS TO THIRD-PARTY WEBSITES
The Site contains links to other websites operated by third parties, including but not limited to third party sites that may display the UC Health trademarks ("Third Party Sites"). These links are available for your convenience and are intended only to enable access to these Third Party Sites and for no other purpose.
VIII. MONITORING AND ENFORCEMENT; TERMINATION
We may at any time modify, discontinue, offer opportunities, or restrict access to some or all of the Site. We reserve the right, without notice and at our sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms, (ii) for any other reason, or (iii) for no reason. Upon such termination, your right to use the Site will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
IX. USER CONTRIBUTIONS
You may provide photographs, images, information, comments, data, text, or other materials, opinions, or tips; all of which may be published or displayed (hereinafter, “posted”) in public areas of the Sites or transmitted to other Users or third parties, including, for example, Third Party Sites and services like social media services that are integrated into or linked to the Sites (collectively, “User Contributions”). Your User Contributions are posted on the Site and transmitted to others at your own risk. We cannot control the actions of other Users or Third Party Sites with whom you may choose to share your User Contributions. Such Third Party Sites may have their own policies and terms that apply to your User Contributions, and we are not responsible for any third party’s policies or terms. We cannot and do not guarantee that unauthorized persons will not view your User Contributions.
You acknowledge, represent, and agree that all User Contributions that you post are provided voluntarily and that if you provide a User Contribution to any area of the Sites that is available to others, we do not control and are not responsible for the use of your User Contribution by others.
X. LIMITATION OF LIABILITY
THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE/SERVICE, OR SITES ACCESSED THROUGH THIS SITE/SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using and accessing the Site. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold harmless UC Health, its contractors, and their respective officers, directors, employees, agents, information providers, and suppliers from and against any claims, lawsuits, proceedings, costs, attorney fees, damages, or other losses resulting from your use of the Site.
XII. GOVERNING LAW AND JURISDICTION
You agree that any dispute or claim (including personal injury claims) related to your use of our Site shall be governed by the laws of the State of Ohio. If you access our Site from other locations, you are responsible for compliance with local laws. The Terms and Conditions are governed exclusively by the substantive laws of the State of Ohio without regard to its choice of law rules. You expressly agree that sole and exclusive jurisdiction for any claim involving UC Health, its officers, directors, employees, agents, licensors and suppliers, contributors and editors, or any related affiliate, shall be in the appropriate state or federal court located in Hamilton County, Ohio.
XIII. DISCLAIMER OF LIABILITY
The materials on our Site are provided to you free of charge, “as is,” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
In no event shall we be liable for any damages whatsoever, including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, use, or data whether brought in contract or tort, arising out of, or connected with our Site or the use, reliance upon or performance of any material contained in or accessed from our Site.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by us must be in writing and signed by an authorized UC Health representative.
You agree that to the fullest extent allowed by law, UC Health, its affiliates, any licensor or supplier, or any third party who promotes or provides a link to the online services shall not be liable to you for any special, punitive, indirect, incidental, lost profits, or consequential damages, losses, fees, charges, expenses, or liabilities related to the operation of or your access and use of the online services.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
XVI. ENTIRE AGREEMENT
These Terms and Conditions constitute your entire agreement with our Site, and it governs your use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
XVII. MODIFICATION OF TERMS
These Terms and Conditions are effective as of November 8, 2023. We reserve the right to revise and reissue these Terms and Conditions at any time without notice. Any changes will be effective immediately upon posting of the revised Terms and Conditions. Subject to applicable law, your continued use of the Site indicates your consent to the updated Terms and Conditions. We encourage you to periodically review these Terms and Conditions.
XVIII. CONTACT INFORMATION