Terms and Conditions of Service and Privacy Policy

Acceptance of Terms

Welcome to My Northwestern Care ("MNC"), a service offered to you by Northwestern Medical Faculty Foundation ("NMFF") at www.nmff.org (the "Site"). You should have previously received information from NMFF regarding MNC's features. If you have not, you should request such information from your physician. You should carefully read the Terms and Conditions of Service and Privacy Policy ("Terms and Conditions") before using MNC. You can review the most current version of the Terms and Conditions at any time by clicking on the "Terms and Conditions" button found on the bottom of each page.

By indicating your agreement by clicking the "Accept" button, you agree to be bound by the Terms and Conditions and are indicating that you are at least eighteen years old and have the legal authority to accept the Terms and Conditions. This is a legally binding agreement. If you do not agree with the Terms and Conditions, you may not use MNC and must click the "Decline" button.

Disclaimer on Emergency or Urgent Medical Conditions
DO NOT USE MNC FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911, YOUR PERSONAL PHYSICIAN AND/OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER. The anticipated turnaround for responses to electronic communications submitted through MNC is forty-eight hours. Therefore, MNC should never be used for urgent matters.

Medical Disclaimers
MNC contains certain content and information relating to your medical history, record and other related information ("Information"). The Information available through MNC is for informational and educational purposes only and is not a substitute for an in-person consultation with a health care professional and the professional judgment of the health care professional in diagnosing and treating patients. Always seek the advice of your physician or other qualified health provider through a consultation with any questions you may have regarding a medical condition. Use of MNC is not a consultation with a health care professional. Never disregard professional medical advice or delay seeking it because of something you have read on MNC.

Please understand that your reliance upon the Information obtained by you at or through MNC is solely at your own risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all Information. With respect to any electronic communications sent by you, please note that NMFF's responses to your electronic communications are based on and limited to the information you provide to NMFF. The contents of any communications may be stored in your permanent medical record.

Use of MNC
Your physician or any other member of the NMFF health care team may send you messages via MNC that may contain important information concerning your health care. It is your responsibility to monitor these messages. You have the option of entering a valid and functional email address that may be used to notify you of the presence of MNC messages. If you opt to provide this email address, you agree to update your email address on MNC as needed.

Privacy
This provision of the Terms and Conditions covers only NMFF's on-line privacy practices with respect to use and/or disclosure of information provided through MNC. For additional information on how NMFF uses or discloses your individually identifiable health information, see the document entitled "Patients' Privacy Rights". NMFF also treats the information you submit through MNC in accordance with the document entitled "Web Site User Privacy Rights." Each of these documents may be found at: www.nmff.org.

NMFF requires you to provide certain personally identifiable information ("Personal Information") to use certain features and functions of MNC. The Personal Information you provide includes information provided during any registration process, including your social security number and date of birth, and any other identifying information (including health information) that you submit voluntarily while using MNC, such as the information you submit in any form.

NMFF uses Personal Information obtained from you to respond to your questions or inquiries; respond to your requests, including requests for referrals, prescription refills and requests for advice regarding your health condition or your health record; to fulfill your requests for appointments; to honor or contact you regarding your requests to change the information contained in your MNC account; and identify areas of user interest and consider potential improvements to or analyses of MNC. In addition, unless you opt out of this feature, NMFF may use your Personal Information to send you an email informing you that you have new information in your MNC account.

NMFF computer resources may be monitored for all lawful purposes, including to ensure that their use is authorized, for system management, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. Monitoring includes security testing by authorized entities to test or verify the security of this system. You are responsible for all information that you submit to or through MNC.

Eligibility
MNC is available only to patients under the active care of a NMFF physician. All communication through MNC will be in regard to your own health condition(s). You understand that asking for advice on behalf of another person could potentially be harmful and is a violation of these Terms and Conditions. NMFF does not assume any responsibility for health information or services used by persons other than the MNC enrollee. You may not use or exploit any portion of MNC to provide any commercial services to third parties.

NMFF does not offer or provide products and services for children. If you are under 18, you may not use MNC. NMFF does not intend to collect Personal Information from children. If your child has submitted Personal Information and you would like to request that such information be removed, you may contact NMFF by one of the methods listed below, and NMFF will honor your request.

Registration Requirements
To use MNC, you must register with your physician. NMFF will provide you with an activation code that you must use when you establish your MNC account. MNC requires you to submit the activation code, your social security number (or the last four digits) and your date of birth to establish your MNC account.

You will be required to establish a user name and a password for continued access to MNC. You agree that you will be responsible for maintaining your user name and password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your user name and password. You agree to immediately notify NMFF by one of the methods listed below in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect MNC. NMFF is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.

Disclaimer of Warranties
THE USE OF MNC IS SOLELY AT YOUR OWN RISK. MNC IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NMFF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO MNC, INCLUDING ANY INFORMATION PROVIDED THEREIN, WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NMFF MAKES NO WARRANTY THAT MNC WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF MNC WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH MNC IS TO CEASE TO USE MNC. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.

Exclusions and Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NMFF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF NMFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE MNC, (ii) ANY LINK PROVIDED IN CONNECTION WITH MNC, (iii) YOUR RELIANCE ON MNC OR YOUR FAILURE TO READ OR ACCESS MNC IN A TIMELY MANNER; (iv) THE INTERRUPTION, SUSPENSION, TERMINATION OF MNC, OR (v) ANY MATTER OTHERWISE RELATED TO YOUR USE OF MNC. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL NMFF'S LIABILITY TO YOU RELATING TO MNC EXCEED ONE HUNDRED DOLLARS ($100).

Intellectual Property
MNC is owned by NMFF and/or third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The design, look and feel and text of MNC ("Content") may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of NMFF, except that, subject to your compliance with the Terms and Conditions, NMFF authorizes you to view and print copies of the Content in connection with your use of the Information, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of Content or use of Content for any other purpose is a violation of the rights of NMFF or third parties. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of NMFF, or third parties. Trademarks used on MNC are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of NMFF or the owner of such mark.

Indemnity
You agree to indemnify, hold harmless and upon request, defend, NMFF, its officers, directors, employees, agents, licensors and suppliers, from and against any claims, actions or demands, liabilities, settlements, losses, expenses (including, without limitation, reasonable attorneys' fees) resulting from or alleged to result from your violation of these Terms and Conditions.

Changes
NMFF reserves the right to add to or change MNC or to cease offering MNC at any time without notice to you. NMFF shall not be liable to you or to any third party for any modification, suspension or discontinuance of MNC. NMFF reserves the right to refuse to offer MNC to anyone at anytime without notice.

Order of Precedence; Entire Agreement
The Legal Notices, the Patients' Privacy Rights document and the Web Site User Privacy Rights document, all of which are found on the Site, also govern your use of MNC. In the event of a conflict or inconsistency among the documents, the following order of precedence will apply with respect to MNC: (1) First, Patients' Privacy Rights; (2) Second, these Terms and Conditions; and (3) Third, the Legal Notices and Web Site User Privacy Rights. These Terms and Conditions, the Legal Notices, the Patients' Privacy Rights document and the Web Site User Privacy Rights document constitute the entire agreement between you and NMFF relating to MNC.

Miscellaneous
There is no physician-patient relationship between you and NMFF arising solely by virtue of MNC. The Terms and Conditions are binding upon your successors, assigns, heirs and executors. If any provision of the Terms and Conditions 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 the Terms and Conditions, which shall remain in full force and effect. The failure of NMFF to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to MNC or the Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of these Terms and Conditions.

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