THIS IS A CONTRACT BETWEEN YOU AND JACKSONVILLE CHILDREN’S & MILTISPECIALTY CLINICS.

Please read these terms and conditions (Terms) carefully. By accessing and using this and other websites and mobile applications of Jacksonville Children’s and Multispecialty Clinics and its affiliates (collectively referred to as JCMC, us, our, or we), including without limitation www.jcmchealth.com and other websites and mobile applications linking to these Terms (individually, a site, and collectively, the Sites), you agree to be bound by these Terms. These Terms are between you (sometimes referred to as you or your) and JCMC. Remember that your use of the Sites is at all times subject to the JCMC privacy policy, which incorporates these Terms. Print or download a copy of these Terms for your records.

If you are asked to click your agreement to specific terms and conditions to access certain functions on any of the Sites (each a Site Agreement), the terms in the Site Agreement shall govern over any inconsistencies with these Terms, but only for the specific Site function described in that Site Agreement. Each affiliate of JCMC is controlled and operated by a separate and distinct legal entity. You acknowledge and agree that, by accessing a Site, the Site Agreement (if any) and these Terms create an agreement only between you and the individual affiliate, and you will not hold JCMC responsible for the actions of any affiliate.

We may revise and update these terms from time to time without prior notice and will post the updated terms and conditions to the Sites. Any changes to these terms will apply immediately upon posting to the sites. By using or otherwise accessing the sites, posting or downloading content or any other information from the sites, you hereby agree to, and shall be subject to, these terms and conditions and any changes to them. You agree to periodically review these terms for such
changes.

EMERGENCY OR URGENT MATTERS

No site, including a site through which you may communicate with a healthcare provider, should ever be used for emergency or urgent matters. If you believe that you or another individual for whom you have Proxy Access (as described under User Accounts below) needs to speak to a healthcare provider on an urgent basis you should contact the healthcare provider directly by phone. FOR ALL MEDICAL EMERGENCIES AND URGENT MATTERS, PLEASE GO TO AN EMERGENCY ROOM OR DIAL 911 IMMEDIATELY. The Site should not be used for emergency or urgent communications with any healthcare provider. The Site is not a substitute for appropriate and timely contact with a healthcare provider.

NO MEDICAL ADVICE

Unless you are communicating directly with a healthcare provider through a site, you agree that provision of any information from any site does not constitute the practice of any medical, nursing, or other professional healthcare advice, diagnosis, or treatment.

You are responsible for evaluating specific healthcare providers, treatments, information, content, products, and services that may be available through the Sites.

ELECTRONIC MESSAGING

In some instances, you may be able to send electronic messages to a healthcare provider through the Site. In such instances, the anticipated turnaround time for response to electronic messages is three (3) business days, but no guarantee is made. If a physician or other healthcare provider is unavailable, messages sent through the Site may be routed to other authorized healthcare providers in order to facilitate a timely response to your request. If you have not received a  response to your inquiry within three (3) business days, please contact the healthcare provider directly. Messages you send or receive through the Site may be made part of your medical record, or the medical record of the individual on whose behalf you are acting.

ACCESS TO MEDICAL INFORMATION

If a Site makes medical information from your medical record, or a medical record of an individual for whom you have Proxy Access, available to you, the information available through the Site does not necessarily reflect the complete contents of the medical record. The Site is designed for convenience purposes only, and JCMC does not guarantee the Site contains the complete medical record or that the medical information that is made available is correct or accurate. To obtain a complete copy of the medical record you should contact the relevant healthcare provider directly.

JCMC assumes no responsibility for how you use or disclose any medical information that may be made available to you through a Site. If you utilize a Site to access your medical information, or another individual’s medical information to which you have been granted Proxy Access, you are responsible for ensuring that the computer systems you use to access the Site have appropriate security controls enabled and that you have accessed the Site through a secure connection. You expressly assume the risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption or corruption of data or other information that you transmit to or receive from the Site. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Site.

SURVEYS

From time-to-time a Site may request information from you via a survey. Participation in these surveys is completely voluntary. You have a choice whether or not to disclose the requested  information, which may include contact information (name and address) and demographic information (zip code and age level). Feedback collected by these surveys will be used for purposes of monitoring or improving use of the Site, and as specifically described in the survey itself.

Personal information gathered from surveys will be protected as described in the JCMC Privacy Policy.

MOBILE DEVICES

Your contract with your mobile network provider (Mobile Provider) will continue to apply when accessing or using the Sites on your mobile, handheld device (Mobile Device). You understand that your Mobile Provider may charge you fees for your use of its network connection while accessing or using the Sites, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges. You understand that the Sites are provided over the Internet and mobile networks, so the quality and availability of the Sites may be affected by factors outside our control. We do not guarantee that the Sites will be compatible or operate with your Mobile Provider’s service plans, with any particular Mobile Device, or other piece of hardware, software, equipment, or device you install on or use with your Mobile Device. We are not responsible if the Sites are unavailable or if you cannot download or access all content available
on the Sites, for any compatibility or interoperability issues, or for any communication system failure which may result in the Sites being unavailable.

OVERVIEW OF CONTENT ON THE SITES

The Sites contain postings, text, images, messages, files, and other information and materials for download and viewing by individual Users (Users) of the Sites, made available by JCMC and by advertisers, sponsors and other content contributors (Content Contributors). Portions of the Sites authored by JCMC or its authorized agents, contractors, and employees are referred to as JCMC content. Portions of the Sites authored by Users are referred to as User Content. Portions of the Sites authored by other content contributors are referred to as third party content.

Use and Accuracy of JCMC Content

All JCMC content on the Sites is protected by federal and international copyright and intellectual property laws and is the property of JCMC or its suppliers. No portion of the JCMC content may be reprinted, republished, modified, reproduced, or distributed in any form without the express written permission of JCMC. This restriction shall not apply to any medical information belonging to you or an individual for whom you have Proxy Access.

You may view or download JCMC content for your own personal use. You must keep intact any notices, including copyright notices, contained on any downloaded JCMC content and you must comply with any applicable end-user license agreements. With respect to JCMC content, any rights not expressly granted by these terms or any applicable end-user license agreements are reserved by JCMC.

Although JCMC attempts to ensure the accurateness of the JCMC content, it makes no guarantees whatsoever as to its correctness or accuracy. It is possible that the JCMC content could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to JCMC content by third parties. In the event that an inaccuracy arises, please inform JCMC so that it can be addressed. Information contained on the Sites may be changed or updated without notice.

Use of User Content and Third-Party Content

All User content and third-party content on the Sites are the responsibility of their respective owners. JCMC is not responsible for user content and third-party content, and the views and opinions expressed in user content and third-party content are not necessarily those of JCMC. JCMC cannot, and does not, review user content or third-party content before they are made accessible through the Sites. Nevertheless, please be advised that user content and third-party content may be protected by federal and international copyright or other laws, and your right to reprint, republish, modify, reproduce, or distribute user Content or third-party content may be limited accordingly.

YOUR USER ACCOUNT

If you are permitted to, and choose to, create an account on a Site, you are the only person authorized to access and use your account. You will not give your username, password, or any other account information to a third party. You must immediately notify us of any known or suspected unauthorized use of your account or any known or suspected breach of security, including, but not limited to loss, theft, or unauthorized disclosure of your password. Additionally, you may change your password at any time. You are responsible for all activity on your account. Any fraudulent, misleading, abusive, or illegal activity may be  grounds for termination of your account at our sole discretion. We may refer you to appropriate law enforcement agencies.

In some instances, your creation of an account on a Site will give you the ability to access your medical information that is maintained by a JCMC healthcare provider through the Site. In such instances, if you are an adult with legal capacity, you may request that another adult individual also be provided with access to your medical information through the Site. The ability to access the medical information of another individual through a Site is called Proxy Access.  Additionally, if you are a parent or legal guardian of a minor child or you are the personal representative of an incompetent adult, you may also be provided with Proxy Access to the minor child’s information or the incompetent adult’s information, as the case may be, provided however, Proxy Access to a minor child’s medical information if the minor child is age 12 or older may be limited or require the minor child’s permission due to certain federal and state law restrictions.  If you are granted Proxy Access, you will have access to the other individual’s medical information via the Site, through the creation of your own account on the Site. Sharing accounts on a Site is prohibited. To request or grant Proxy Access, you should contact your healthcare provider or the health information department at JCMC.

If you have Proxy Access and you later become aware that you are no longer authorized to access such individual’s medical information, due to termination of guardianship, parental rights, the prerogative of the individual, or otherwise, you agree to immediately discontinue your use of the Site to access the other individual’s medical information.

Your Content

Any change or update made to your account information, and all other postings, text, images, messages, files, or other materials you post, transmit through, or link to the Sites (collectively, Your Content) are your sole responsibility. JCMC and the Sites merely provide a means for the transmission and dissemination of your content. You agree that you will evaluate and bear all risk related to the use of or any activities associated with your content. The results of any actions you
take, based on your content or other content you find on the sites, are solely your responsibility. Under no circumstances will we be liable in any way for your content or for any loss or damage of any kind resulting from your content.

We do not pre-screen or approve your content. We have no obligation to monitor your content. However, we reserve the right to review, modify, monitor, distribute, refuse to post, or delete any of your content at our sole discretion. We reserve the right at all times and in our sole discretion to disclose any information we believe necessary to satisfy any law, regulation, legal process, or governmental request.

By uploading, transmitting, or posting your content, you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute your content in whole or in part, provided however, this license will not apply to any identifiable medical information that you upload or transmit through a Site.

Your Responsibilities

You agree that when using the Sites, you will not:

  • Delete, hack, or attempt to change or alter any content or notices;
  • Use any device, software, or routine intended to damage or interfere with the proper functioning of the Sites, servers, or networks connected to the Sites, or take any other action that interferes with any other person’s use of the Sites;
  • Use any automatic or manual device or process to harvest or compile information from the Sites for any reason;
  • Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Sites are based;
  • Introduce into the Sites any malicious or intentionally destructive software routines designed to permit unauthorized access to disable, erase, or otherwise harm the Sites or any Site content;
  • Introduce into the Sites any software routine designed to disable a computer program automatically, with the passage of time, or under the positive control of an unauthorized person;
  • Use any content made available through the Sites in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
  • Attempt to access any other person’s information;
  • Post, upload, or transmit photos or video of any third party without express, written permission. By uploading, transmitting, or posting any photo or video on or through the Sites, you represent and warrant that you have express, written permission from all persons appearing in the media for all potential uses by the Sites or JCMC of such media;
  • Send any chain letters, junk mail, unauthorized e-mail, or advertisements;
  • Encourage any illegal activities, or post anything that is obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
  • Decrypt, transfer, frame, display, or translate any part of the Sites;
  • Use the information in the Sites to create or sell a similar service or similar information.

Deactivation of Your Account

We may modify, suspend, or close your account or otherwise stop providing any Sites in whole or in part at any time and for any reason. We will not be liable to you or any third party for suspension or termination of any Site or your account. You will not be able to access any information in your account once your access has been suspended or terminated or a Site itself has been shut down. You are responsible for making sure your content and other information you desire is  properly backed up, so you have access to it in the event of loss, corruption, or cessation of any site, or termination or suspension of your account. We do not export your content, your Information, or other data during your use of the sites, or provide your content, information, or other data to you when your account is closed.

YOUR INDEMNIFICATION OF JCMC

You agree to defend, indemnify and hold harmless JCMC, our officers, members, directors, employees and agents, from and against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of all or part of the Sites; (b) any personal information you provide to the Sites; (c) a breach or alleged breach by you or any of your representations, warranties, covenants or obligations within these terms; (d) your infringement or misappropriation of any intellectual property or other rights of JCMC or third parties by you; or (e) any negligence or willful misconduct by you.

NO WARRANTY

The sites, including any content or information contained in the sites and any site-related service, are provided as-is, with no representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, or noninfringement. Statements outside the terms, including, without limitation, statements regarding capacity, suitability for use or performance, whether made by our employees or otherwise, is not a warranty or promise by us, and we have no responsibility or liability for any such statements. We have no responsibility for the timeliness, deletion, misdelivery or failure to store any communication, information, or your content. You assume total responsibility and risk for your use of the sites, site-related services, and any linked websites.

Some jurisdictions do not allow the disclaimer of warranties, so such disclaimers and exclusions may not apply to you.

LIMITATIONS OF LIABILITY

Neither JCMC, our officers, members, directors, employees or agents are responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation lost profits, or other damages arising out of or relating in any way to the sites, site-related services, content of information contained in the sites or any linked websites.

If we are found to be liable, despite the limitations above, then in no event shall JCMC be liable for any damages relating to this agreement greater than one thousand U.S. Dollars ($1000.00), to the greatest extent permissible under applicable law.

Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you.

TRADEMARK NOTICE

The sites include numerous trademarks and service marks that are the property of JCMC. Other trademarks, service marks and logos used in the Sites are the trademarks, service marks or logos of third parties.

INFRINGEMENT

It is JCMC’s policy to respect the intellectual property of others and to respond quickly to notices of alleged infringement. JCMC will terminate the access of all Users who infringe the intellectual property rights of others. Likewise, any apparent infringement of JCMC’s intellectual property rights by a User will result in the immediate termination of that User’s access to the Sites.

If JCMC removes or disables access to User Content or third-party content according to these Terms, JCMC may, in its discretion, provide the content contributor with a copy of the notification which prompted removal or disabled access to the user content or third-party content. However, JCMC reserves the right to withhold access to or not replace the user content or third party-content unless ordered to do so by a court or other tribunal of competent jurisdiction.

OTHER WEBSITES

JCMC makes no representations whatsoever about any other website that you may access through the Sites. When you access a non-JCMC website, it is independent from JCMC, and JCMC has no control over the content on that website, or how that website may protect your information. Please make sure to review the terms and privacy policy on linked websites. In addition, a link to a non-JCMC website does not mean that JCMC endorses or accepts any responsibility for the content, or the use, of the linked website. It is your responsibility to ensure that whatever you select for your use or download from other websites is free of viruses, worms, Trojan horses, and other items of a destructive nature, and that such use or download complies with copyright and other applicable laws.

OUR COMMUNICATIONS

The e-mail address you provide during the Site registration process will be the e-mail address we will use for all Site-related communications to you. We may also send you messages via your account at the Site. It is your responsibility to monitor these messages and respond in an appropriate manner. Our Sites may contain links or forms that can be used to contact us so you can comment, make a complaint, make suggestions, and ask questions. You represent and warrant
that any information you enter into the Sites is correct and applies only to you and that you will keep your e-mail address and other information about you in your account up-to-date.

You can contact us through your account or by sending an e-mail to compliance@jcmcpa.net. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or by our posting notices to your account. You agree that you are able to print the communications for your records. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may choose to get legal notices in paper form through the mail, if you tell us in writing that you do not want legal notices sent electronically. If you choose paper form, legal notices will be sent to you in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell us you do not want legal notices sent electronically, and for any other notices under these terms, send the notice in writing and by certified and registered mail to Jacksonville Children’s and Medical Clinics, 120 Memorial Drive, Jacksonville, NC 28546.

CHOICE OF LAW AND VENUE

This section affects your rights, please read carefully before agreeing to these terms by using our sites.

These Terms are entered into in the State of North Carolina, U.S.A., and are governed by the laws of the State of North Carolina, U.S.A., exclusive of its choice of law rules. You and we agree to the exclusive jurisdiction of the state and federal courts sitting in Onslow County, NC for all disputes relating to these terms. Each party waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these terms, the prevailing party will be entitled
to costs and attorneys’ fees. In the event that any of the terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect.

ENTIRE AGREEMENT

Except as expressly stated elsewhere in these terms, these terms constitute the entire agreement between JCMC and you pertaining to the subject matter described in these terms. Your use of the Sites and any site-related services is also subject to our privacy policy. If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms. No waiver of any of these terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

USERS FROM OUTSIDE THE UNITED STATES

The Sites are governed by United States law. If you are using the Sites from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States or other countries, depending on the location of the servers of JCMC or our suppliers. The laws of the United States and other countries might not be as comprehensive as those in your country. By using the Sites, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in our privacy policy.

Use of our site(s) and any related services are subject to your compliance with the terms set forth above. Please read this information carefully. Your continued use of our site(s) indicates your agreement to be bound by these terms set forth above. If you do not agree to be bound by these terms, promptly exit the site.