Use of the Website
The website is not for use with life threatening or emergency medical conditions and you must not use the website for a life threatening or emergency condition. You should not delay seeking care due to a wait for an appointment time. You agree that you have read the "Should I call 911?" page of this website and, based on your lack of a life threatening or emergency condition, you do not believe that you need to call 911 or proceed immediately to your nearest emergency department or urgent care center.
You agree that in no event shall your use or access to the website be for commercial purposes. You are solely responsible for any actions you take while using the website or the services or based upon the services or the information contained within the website.
Not Medical Advice
The information and services available through the website are not intended as a substitute for medical professional help or advice. It is intended to be used only for convenience purposes and does not create a physician-patient relationship with any healthcare provider. You should not rely on information contained in or services available through this website in rendering a diagnosis or considering a course of treatment.
Middlesex does not intend for the information on the website or the services to be medical advice. Middlesex will not accept requests for medical advice or treatment, or render specific medical advice or treatment, through the website. No person is authorized to use this website to render medical advice or treatment. By using this website you agree that you will not solicit medical advice or treatment from Middlesex by way of the website or email. You hereby release Middlesex from any and all obligations or liability associated with your solicitation of medical advice or treatment via this website or email. You further agree to indemnify, defend and hold Middlesex harmless from any and all liabilities, losses, costs or damages (including, without limitation, attorneys’ fees) in connection with, arising out of or related to your solicitation of medical advice or treatment via this website or email.
"Your Information" is defined as any information you provide to Middlesex in the registration process, in the appointment request process, through any upload feature, including but not limited to the submission of any testimonials, or through any e-mail feature.
You agree that: (a) Your Information shall not be false, inaccurate or misleading; (b) Your Information shall not violate the rights of any third party, including without limitation privacy and proprietary rights; (c) Your Information shall not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) Your Information shall not be fraudulent or involve counterfeit or stolen items; (e) Your Information shall not violate any law, statute, ordinance or regulation (including without limitation those governing consumer protection, unfair competition, antidiscrimination, or false advertising); (f) Your Information shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) Your Information shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) Your Information shall not create liability for Middlesex.
Pursuant to the foregoing, Middlesex has the right, but not the obligation, to decide whether to post any testimonials on the website. Middlesex does not undertake to monitor or review every testimonial and disclaims any and all liability relating to the content of any testimonials arising under any law. Middlesex is not responsible for screening, monitoring or editing any testimonials posted on the website.
Termination of the Website or the Services
Middlesex reserves the right to terminate your access to the website or shut down the website or the services at any time for any reason or for no reason, without liability to you or any other person or entity. Middlesex need not provide you with any prior notice of any such termination or shut-down.
The Website is Provided As-Is
The website and any service that may be available through the website are provided "as is," "as available" and without any warranties of any kind including, without limitation, any warranty with respect to the quality, performance or functionality of the website or the services or with respect to the quality or accuracy of any information obtained from or available through use of the website or the services or that the website, the content contained therein or the service will be uninterrupted or error-free. Furthermore, Middlesex makes no warranty that any defects, errors or inaccuracies, whether known or unknown, will be corrected, or that the website or the services will be virus-free. Middlesex disclaims all warranties, express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose and non-infringement. Some states do not allow limitations on implied warranties so these limitations may not apply to you. In those states, Middlesex’s liability is limited to the fullest extent permitted by law.
Limitation of Middlesex's Liability
You shall comply at all times with all applicable laws, statutes, ordinances and regulations regarding your use of the website and the services.
All content appearing on this website is the copyrighted property of Middlesex unless otherwise noted. Reproduction or storage of materials retrieved from this service is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No party may link to or frame any portion of this website without the express prior written consent of Middlesex.
Except as explicitly stated otherwise, (i) any notices to Middlesex shall be made by postal mail to Middlesex Hospital, 28 Crescent Street, Middletown, CT, 06457, Attn: Chief Executive Officer, with a copy to Paul Knag, Esq., Murtha Cullina LLP, 177 Broad Street, Stamford, CT 06901; and (ii) any notices to you shall be made by postings to our website. Alternatively, we may give you notice by sending an e-mail to the e-mail address you provided us when registering or by postal mail to the postal address you provided us when registering. In the case of e-mail, notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In the case of postal mail, notice shall be deemed given 4 days after the date of proper mailing.
Middlesex welcomes your feedback. Please let us know if there is some way that we can improve the website or the services. To see how to send feedback, please click on the "Feedback" link that appears in the Middlesex & the Community section drop down menu, or click this link. Please note that by providing us feedback, you are granting Middlesex a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights you have in such feedback, including the right to reproduce, distribute, adapt, perform, display and prepare derivative works therefrom, in any media now known or hereinafter known (but no other rights). Feedback may not be used to solicit medical advice or treatment nor may feedback include any individually identifiable health information.
EMTALA – Emergency Medical Treatment and Labor Act
By using the website, you agree to the following:
EMTALA is a federal law that imposes specific legal obligations on hospitals that participate in the Medicare program and offer emergency services. For a full interpretation of EMTALA, you should consult an attorney familiar with this law. In brief summary, for people who "come to the emergency department" and a request is made, or there is an apparent need, for emergency treatment, the hospital must provide a screening exam to determine whether an emergency medical condition exists, regardless of whether or not the person is able to pay. EMTALA defines "comes to emergency department" to include coming to the hospital campus, or urgent care center in some cases. If an emergency medical condition exists, then the hospital must provide stabilizing treatment. If the hospital is unable to stabilize a person within the hospital's capability, or if the individual requests, an appropriate transfer to another hospital must be made. A hospital cannot delay or refuse stabilizing treatment to request a person's payment or insurance information.
This website is not part of the EMTALA screening process. You acknowledge and agree that your use of the website is not the same as an individual "coming to the emergency department" pursuant to EMTALA and that, by using the website, neither you nor any person on whose behalf you are using the website, will be deemed to have presented in person to the Middlesex property or Emergency Department, or in some cases the urgent care center, for EMTALA purposes. This website is not a registration site for Middlesex or its Emergency Department or urgent care center and will not be monitored by Middlesex staff/physicians for triage purposes. This website is not to be used by emergency or urgent patients. This website is not considered property of Middlesex, its Emergency Department or urgent care center or an online waiting room of Middlesex, its Emergency Department or urgent care center. You acknowledge and agree that Middlesex’s EMTALA obligations (if any) will not begin until you or the person on whose behalf you are using the website physically presents to Middlesex hospital property or to its Emergency Department (or in some cases, the urgent care center).
You understand that you, or the individual on whose behalf you are using this website, will be screened upon physical presentation to the Emergency Department (or urgent care center, in some cases) and will be treated based on the severity of the illness. This website is meant to help reduce wait times by providing you with a projected appointment time, but that we do not guarantee that you or the person on whose behalf you are using the website will not have to wait longer if patients with more severe needs require more immediate attention. You should not delay seeking medical treatment due to a wait for an appointment time.
Miscellaneous Legal Provisions
Middlesex will not be liable in any amount for failure to perform, or delay in performing, any obligations hereunder if such delay or failure is caused by any event beyond its reasonable control including, but not limited to, acts of third parties, wars, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lock-outs, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any other Act of God, unavailability, errors or other failures of the Internet, other data networks, or telecommunications systems, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency or delays.
If any provision of these terms and conditions as such may exist or may hereafter be amended, is found to be invalid, illegal or unenforceable for whatever reason, such provision shall be fully severable and the other remaining provisions shall remain in full force and effect, and shall be construed as if the illegal, invalid or unenforceable provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or unenforceable provision there shall be added automatically in its place a provision as similar in its terms and intent to the illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable.