Website Terms & Conditions of Use
Effective Date: November 19, 2021
Welcome to the Ann & Robert H. Lurie Children’s Hospital of Chicago (“Hospital”) website. These Terms and Conditions of Use (“Terms”) describe the terms and conditions on which the Hospital and its Corporate Affiliates listed below (collectively, “Lurie Children’s”, “we”, “us” or “our”) provide you with access to our website www.luriechildrens.org, its subdomains, related websites controlled and/or maintained by Lurie Children’s, mobile applications (collectively, the “Site”). NOTE THAT THESE TERMS REQUIRE YOU AND US TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS AND YOU HEREBY WAIVE YOUR RIGHT TO PURSUE CERTAIN CLAIMS ON A CLASS OR CONSOLIDATED BASIS.
By clicking “I accept” or by accessing or using our Site, you accept and agree to be bound by these Terms. If you do not agree to these Terms, including the class action waiver, you may not access or use the Site.
The Site provides general and educational information about Lurie Children’s and the services we offer. The Site is not intended to provide instructions in the event of an emergency. Please do not delay or forgo seeking treatment from a physician or qualified healthcare provider. If you are experiencing an urgent or life-threatening medical condition, you should call 911 or immediately go to the nearest emergency room.
The Site is not a substitute for medical advice, nor does use of the Site constitute the provision of treatment to a user or establish a physician-patient relationship. The information provided at this Site is not a substitute for the assessment, diagnosis or treatment of a physician or other qualified healthcare provider.
For the avoidance of doubt, these Terms do not apply to your receipt of health care services (“Health Care Services”) from your Lurie Children’s health care provider (“Provider”) even if your Provider delivers Health Care Services to you via the Site. Additionally, for clarity, the term “Health Care Services” includes the professional health care services provided to you by your Provider, but does not include general information and resources that Lurie Children or a health care provider makes generally available on the Site.
If you are under the age of 18, or age of majority under applicable law, please do not use the Site without the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Site, or by supervising someone using the Site, you represent that you are at least 18 years old and have the full power and authority to enter into these Terms.
Changes to the Terms
Lurie Children's reserves the right to change these Terms at any time in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Site and/or updating the “Effective Date” date at the beginning of these Terms. Any modifications made to these Terms will be effective immediately upon posting and will apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. The date of last revision is set forth at the top of these Terms.
License and Restrictions
Lurie Children’s grants you a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Site and all content, features, and functionality (including but not limited to, all text, images, information, video, audio and graphics) provided on or through the Site (collectively, the “Content”) provided you accept and comply with these Terms. You may use the Site only for noncommercial personal or educational purposes. The purposes must be lawful and in accordance with these Terms. You agree to use the Site in accordance with applicable local, state, U.S. and international law and regulations. When accessing or using the Site, you agree not to:
- Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
- Use or attempt to use another user’s Account without authorization from such user;
- Copy, reproduce, sell, lease, rent, distribute, transfer, modify, or make derivative works of the Site or its content;
- Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or other information associated with the Site or content;
- Remove or alter any notice or other legal indication of a copyright, trademark or other intellectual property right;
- Interfere with the proper working of the Site, including but not limited to, transmitting any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design;
- Frame or otherwise create a browser or border environment around any Site page or content or “deep link: to any page or area of the Site;
- Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit another person’s use and enjoyment of the Site, or that could damage, disable, overburden or impair the functionality of the Site in any manner;
- Develop any third party applications that interact with User Content or the Site without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; or
- Use the Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Unavailability of Site
We will not be liable if, for any reason, all or part of the Site is unavailable at any time or for any period nor will we be liable for any modification, suspension or discontinuance. We may modify, suspend or discontinue any aspect of the Site at any time without notice. From time to time, we may restrict, limit, suspend or terminate access to all or part of the Site.
Accessing the Site; Communication Preferences and Account Security
To access other parts of the Site, you may be asked to provide certain information or register. By creating an Account, you consent to receive electronic communications from Lurie Children’s (e.g., via email or by posting notices to the Site). These communications may include notices about your Account such as payment authorizations, password changes and other transactional information, and are a part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
By providing your telephone number to us through the Site, you agree that we may use such phone number to communicate with you by telephone (including autodialed calls and/or text messages,) regarding your account, appointment reminders, bill payment reminders, debt collection efforts and other information and marketing messages. FURTHER, BY PROVIDING YOUR TELEPHONE NUMBER, YOU CONFIRM THAT ANY TELEPHONE NUMBER PROVIDED IS YOUR TELEPHONE NUMBER, AND YOU AUTHORIZE US TO CONTACT YOU WITH MARKETING AND OTHER INFORMATION BY CALLING OR TEXTING YOU AT THE TELEPHONE NUMBER(S) YOU HAVE PROVIDED. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt-out, you may continue to receive calls or messages for a short period of time while Lurie Children’s processes your request. It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply to the text messages we send you. Please contact your mobile phone carrier for details.
If you receive a user name, password or other information as a security procedure for access to any part of the Site, including an Account, it is your responsibility to prevent disclosure of such information and to change your password if you feel that its security has been compromised. You acknowledge that your account is personal to you. We shall not be liable or responsible for any damages that result from your failure to protect this information. You are responsible for all your account activity. If you permit others to use your credentials or information, you are responsible for the activities of such users in connection with your account. You agree to notify us immediately of any unauthorized access to or use of your information or any breach of security relating to the Site. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view your personal information.
Lurie Children’s has the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Bill Pay; Donations
By providing a credit card or other payment method that we accept, you represent that you are authorized to use that payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your bill (including any applicable taxes and other charges) or donation (each, a “Transaction”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Transaction may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Transaction. If you have an established Account, and you want to change or update your saved payment method information, you can do so at any time by logging into your Account. If a payment is not successfully settled and you do not edit your payment method information, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.
You acknowledge that the origination of Automated Clearing House (“ACH”) transactions to your Account must comply with applicable provisions of law. In the case of an ACH Transaction rejected for insufficient funds, we may at our discretion attempt to process the charge again at any time within thirty (30) days. If you have sent an insufficient amount of funds to complete the Transaction, we may in our discretion cancel the entire Transaction or fulfill a partial Transaction using the amount of funds available, but we have no obligation to alert you to the insufficiency.
By making a donation, you agree that Lurie Children’s makes no representation as to whether or not your donation is personally tax deductible or eligible for tax credits. You further agree that: (a) designated donations and any applicable transaction fees will be charged to the credit or debit card or other payment method you designate; (b) all payments will be processed through Lurie Children’s designated third-party payment processor; and (c) all processed donations may be final and non-refundable.
Lurie Children’s MyChart
Lurie Children’s MyChart is a communication tool offered to patients (and their proxies with authorization) of Lurie Children’s. Complete MyChart Terms and Conditions are available within the MyChart account and at https://mychart.luriechildrens.org/MyChart.
Intellectual Property Rights
All Content is owned by Lurie Children’s and/or its licensors and may be protected by U.S. and foreign copyright, trademark and other intellectual property laws. Subject to your compliance with the Terms, Lurie Children’s grants you a limited, non-exclusive, non-transferable license to use the Site and all Content therein. The license excludes, and you are prohibited from, copying, selling, reselling, reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing or transmitting any of the content on our Site. The license further excludes the use of data mining, robots or similar data gathering or extraction methods; the removal of any proprietary rights notices or markings; and the use of the Site for unintended purposes.
Lurie Children’s is a registered trademark. All trademarks, tradenames, and logos appearing on the Site are owned or licensed by us. You may not use such marks without our prior written permission. Names, marks, logos and identifiers of third parties, including third-party healthcare providers, belong to their respective owners.
User Supplied Content
Our Site may contain interactive elements that allow you to upload, store and share content, including but not limited to, messages and images (“User Content”). All User Content will be considered non-confidential and non-proprietary. By providing User Content, you grant us and our licensees, successors and assigns a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. You further represent and warrant that you own or control all rights in and to the User Content and have the right to grant a license to us and our licensees, successors and assigns, and that all of your User Content complies with these Terms. You further understand and acknowledge that you are responsible for all User Content you submit and contribute and you, not Lurie Children’s, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Lurie Children’s is not responsible or liable to any third-party for the content or accuracy of any User Content posted by you or any other user of the Site.
By using the interactive features and areas of the Site, you further agree not to create, post, share or store any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- User Content that impersonates, or misrepresents your affiliation with, any person or entity;
- User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations
- User Content that contains any private or personal information of a third-party without such third-party’s consent;
- User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Site, or that may expose Lurie Children’s or others to any harm or liability of any type.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion to remove, screen or edit any User Content on the Site for any or no reason in our sole discretion. Further, we reserve the right to take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.
Please visit Lurie Children's Social Media Policy for Visitors for information about our social media policy.
We have the right, in our sole discretion, to terminate, deactivate or suspend your access to all or any part of the Site for any or no reason, including any violation of these Terms. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
These Terms automatically terminate when you fail to comply or if we reasonably believe that you have not complied with any term or condition of these Terms. Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.
Links to Third Party Websites
Our Site may contain links to third-party websites. Please note that we do not maintain third-party websites nor do we have control over them. If you decide to access any third-party website via a link on the Site, you do so entirely at your own risk. Also, please note that the appearance of a link to a third-party website is not necessarily intended as an endorsement of any particular company or product. We are not responsible for these sites, nor are we responsible for sites that link to our website.
Third Party Content
We may display content, advertisements and promotions from third parties through the Site (collectively, “Third-party Content”). We do not control, endorse or adopt any Third-party Content, and we make no representations or warranties of any kind regarding such Third-party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-party Content are solely between you and such third parties.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE SITE AND ITS CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LURIE CHILDREN’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LURIE CHILDREN’S DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. IN ADDITION, LURIE CHILDREN’S DOES NOT GUARANTEE THAT THE SITE WILL BE SECURE, FREE OF VIRUSES OR OTHER THAT THE SITE WILL BE AVAILABLE WITHOUT DOWNTIME OR SERVICE DISRUPTIONS. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
THE SITE AND CONTENT ARE NOT INTENDED TO PROVIDE A SUBSTITUTE FOR YOUR OWN SOUND AND REASONABLY PRUDENT JUDGMENT, AND ARE NOT INTENDED TO BE FOR DIAGNOSIS OR TREATMENT. PERSONS USING THE SITE AND CONTENT ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SITE, CONTENT, MATERIALS AND OTHER INFORMATION PROVIDED, AND AGREE THAT LURIE CHILDREN’S IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THEIR USE. YOUR RELIANCE ON THE SITE AND CONTENT OBTAINED OR USED BY YOU IS SOLELY AT YOUR OWN RISK EXCEPT AS PROVIDED BY LAW.
Some states may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. But, to the extent permitted by applicable law, we exclude all warranties.
Limitation of Liability
IN NO EVENT SHALL LURIE CHILDREN'S BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS SITE OR THE CONTENT PROVIDED ON THE SITE, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT LURIE CHILDREN’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. YOU AGREE, HOWEVER, THAT OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Lurie Children’s from and against all claims, causes of action, demands, liabilities, losses, costs, expenses, and attorneys’ fees arising from or in any way related to your use of the Site or your violation of these Terms. You further agree that Lurie Children’s shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Lurie Children’s.
To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge Lurie Children’s from and against, and covenant not to sue Lurie Children’s for, all claims you have or may have arising out of or in any way related to these Terms. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
These Terms and all matters regarding your use of the Site shall be governed and construed in accordance with the laws of the State of Illinois, without regard to choice of law principles. By accessing or using the Site, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed, on an individual basis, only in the state and federal courts located in Cook County, Illinois. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
No Class Actions or Representative Actions
YOU AND LURIE CHILDREN’S AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE OR CONTENT IS PERSONAL TO YOU AND LURIE CHILDREN’S AND THAT SUCH DISPUTE WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND WILL NOT BE BROUGHT AS A CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
Our Corporate Affiliates include:
- Stanley Manne Children’s Research Institute
- Ann & Robert H. Lurie Children’s Hospital of Chicago Foundation
- Pediatric Faculty Foundation, Inc.
- Almost Home Kids
- Lurie Children’s Medical Group, LLC
- Lurie Children’s Primary Care, LLC
- Lurie Children’s Health Partners Care Coordination, LLC
- Lurie Children’s Pediatric Anesthesia Associates
- Lurie Children’s Surgical Foundation, Inc.
If you have any questions about the Site or these Terms, please contact us at: email@example.com