SmartER Appointments Terms of Use

The following statement (the "terms of use") describes the terms on which you (referred to throughout this document as "user" or "you") are permitted to access and use the SmartER website (the "website"). The website is owned and operated by Middlesex Hospital on behalf of itself and its subsidiaries and affiliates (collectively referred to throughout this document as "Middlesex," "us" or "we").

Before registering for access to the website or any services that may be available through the website (the "services"), please read all of these terms carefully. These terms of use constitute a legal agreement between the user and Middlesex. Your use of the website and/or registration on the website is an acceptance of these terms of use. If you do not agree to these terms of use, you may not access the website or use any of the services.

We may amend these terms of use at any time. All amended terms shall automatically be effective upon being posted by us on the website. Accordingly, you should check the website frequently for any changes to these terms of use. Your continued use of this website or our services after any change or amendment to these terms of use shall constitute your acceptance of such changes or amendments.

These terms of use are effective as of January 1, 2015.

Use of the Website

As a condition of your use of this website, you warrant that (i) you are at least eighteen (18) years old, (ii) you possess the legal authority to enter into a binding legal obligation, (iii) you will use this website in accordance with these terms of use, (iv) you will only use this website to submit a testimonial, if available, or schedule an appointment at an urgent/immediate care center or at an emergency department for you, for your minor child or for another person for whom you have legal authority to act in this capacity, and (v) all information supplied by you on this website is true, accurate and complete and contains only concerns or relates only to the services received by you, your minor child or any person for whom you are authorized to submit information on such person’s behalf. We retain the right at our sole discretion to deny access to anyone to this website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these terms of use.

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

"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.

Solely to enable Middlesex to use the information you supply us with, and to ensure that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights you have in your Information, 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). Middlesex will not sell, trade, or rent your personally identifying information to third parties without your prior consent. We may disclose, however, certain non-identifying aggregated information so we can provide general statistical information to third parties about the users of our services. Furthermore, any use of personally identifying information will be in accordance with our Privacy Policy.

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.

What if You Breach These Terms of Use

Without limiting other remedies, Middlesex may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the website and refuse to provide any services to you, if: (a) you breach these terms of use or the documents they incorporate by reference; or (b) Middlesex believes that your actions may cause legal liability for you, our users, or us.

Links

The website may contain links to third party sites within our content and through our advertisers. We are not responsible for and do not endorse or recommend any of the content on these sites, nor are we responsible for your use of these sites or any transactions you perform on them. Be aware that any policies that govern this website, including these terms of use and our privacy policy, do not govern the linked websites.

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

Under no circumstances will Middlesex be liable under any section of these terms of use or under contract, negligence, strict liability or any other legal or equitable theory for any indirect, incidental, exemplary or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind or loss of business goodwill or opportunity) whether or not we have been advised of the possibility of such loss or damages. Middlesex shall not be liable for the cost of procurement of substitute goods, services or technology and in no event shall our liability to you exceed the greater of (I) the amount of fees you have paid to us for use of the website or the services available through the website during the ninety (90) days immediately prior to damage or (ii) ten ($10) dollars ($10.00). No action, regardless of form, arising out of these terms of use may be brought by you more than one (1) year after the event underlying the cause of action has occurred. The terms of this section will survive any termination of these terms of use and your use of the website and our services. In jurisdictions that restrict limitation of liability provisions, Middlesex’s liability will be limited to the greatest extent permitted by law. The fees (or lack thereof) charged for access to the website or the services available through the website have been calculated based upon these limitations.

Indemnity

You agree to defend, indemnify and hold Middlesex and its officers, directors, employees, agents and affiliates harmless from and against any and all claims, losses, damages, liabilities and costs including, without limitation, reasonable attorney fees and court costs (collectively, the "claims") arising out of or relating to your use of the website or the services available through the website or a breach of any of these terms of use by you.   This indemnification obligation shall survive any termination of these terms of use or the website.

Legal Compliance

You shall comply at all times with all applicable laws, statutes, ordinances and regulations regarding your use of the website and the services.

Copyright

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.

Notices

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.

Feedback

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

These terms of use constitute the sole agreement between Middlesex and you regarding the subject matter contained herein and fully supersede any and all other understandings or agreements, either oral or written. You acknowledge and agree that you have read and understand these terms of use and agree to be bound by the same.

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.

These terms of use will be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws provisions. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. You consent to the jurisdiction of the state and federal courts located within the State of Connecticut and waive all objections to such jurisdiction and venue.

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.

Any failure of Middlesex to enforce any provision of these terms of use shall not constitute a waiver of any rights under such provision or any other provision of these terms of use. Middlesex may only make such waiver by an express writing.

Any rights or obligations granted to you hereunder may not be assigned or transferred to any other person or to any entity. These terms of use do not create any joint venture, partnership, employment or agency relationship between you and Middlesex.

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