The Clarity Health Journal™ Website
1. Acceptance
It is important that you read all the following terms and conditions carefully. This Terms of Use
Agreement ("Agreement") is a legal agreement between you and The Clarity Health Journal ("CHJ"), which is the and operator ("Owner") of the Clarity Health Journal™ website
("Website"). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code ("Content"). By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of the Agreement. If you do not accept these terms and conditions, you must not access or use the Website. The Owner may revise this Agreement at any time without notice. Use of the Website after such changes are posted will signify your acceptance of these revised terms.
2. Website Description
CHJ manages an internet-based Website designed to give selected patients greater access to their personal health information and thereby participate more fully in their own care.
Qualified patients with access to this Website will be able to interact with authorized healthcare providers regarding their personal care, view pertinent treatment information pertaining to themselves received from authorized health-care providers, and seek general information pertinent to their medical condition. Patients will have the opportunity to initiate the creation of a personal health diary containing information such as personal and family health history, medications, allergies, and other relevant personal health information. The provision of a secure Internet Website for this purpose will provide participating patients with unlimited access to their own health-care profiles and the ability to choose to share their health information with designated 3rd parties.
3. Services
If you consent to participate in the Website, you will be shown how to create a personal profile and health application account and how to use the Website securely. The Website will house personal health information and may include the following services which are subject to change without notice:
a.You will have online access through your Website account to the Website and to your personal health information held within the Website;
b.Use of online links to 3rd party websites for the purpose of providing health education and
other health related information;
c. Interaction with authorized health providers and the ability to access personal health
information about yourself that may be posted to the Website by these providers;
d. The ability to make appointment requests to a healthcare provider where that provider is an authorized participant within the Website.
e. The ability to receive health information from trusted sources where that provider is an authorized participant within the Website.
4. Information Handling Policies and Procedures
If you consent to participate in the use of the Website, you will be shown how to use it in accordance with CHJ's information management policies and procedures including those pertaining to the collection, use and disclosure of personal health information. Features and functions of the Website and CHJ's policies and procedures for information handling may change without notice and it is your responsibility to ensure that you understand how to use the Website in accordance with these policies and procedures.
5. a) Privacy of Personal Health Information
Patient personal health information contained on the Website will be password protected and only authorized CHJ personnel, the patient, and persons designated by the patient will have access to the patient’s personal health information. All personal health information collected on the Website will be held in the strictest confidence by CHJ in accordance with CHJ's information handling policies and procedures. Further Information regarding CHJ's information privacy policies and procedures is available by contacting our Privacy Office at privacy@clarityhealthjournal.net .
b) Limitations on Access to Personal Health Information through the Website
The Website may contain records of personal health information in the custody and control of
Hospital for Sick Children which may be accessed through normal hospital channels.
Records of personal health information under the custody and control of the Hospital made available through the Website may be restricted in accordance with the Hospital’s records management policies and procedures, including but not limited to information resulting from or related to care provision of a psychiatric nature. Patients requiring access to their personal health information may contact our Health Data Resources department at the campus on which they were treated.
c) Disclosure of Personal Health Information to Health Information Custodians and their
Agents
i. Content accessed via the Website may be personal health information and is considered to be in the custody and control of the Owner as a health information custodian as defined by the
Personal Health Information Protection Act ("PHIPA").
ii. Individual access to Content is subject to patient consent and individual access may be restricted by the patient’s express withdrawal of consent at any time without notice to users or as notified by CHJ.
iii. Access to personal health Information using your account is granted for the patient’s personal, non-commercial, informational purposes only. Access to patient information for any other purpose, including by the patient and notwithstanding the patient’s intentions for providing such access to any third party, is prohibited.
iv. Access to Content by authorized agents of the Owner is considered to be a use of information in the custody and control of CHJ for the delivery of health care to the patient.
v. Any access to Website Content deemed to be inappropriate by CHJ will be considered a breach of this agreement and of CHJ's information handling policies and procedures. Disciplinary action may be taken by CHJ in accordance with CHJ's policies for a breach by agents of CHJ and may include termination of medical privileges or other appropriate sanctions in the circumstances. Inappropriate access, use or disclosure of patient information includes, but is not restricted to: using another individual's logon ID and/or password; gaining access to information for purposes other than assigned work; leaving an account signed on for the use or potential use of others; and/or accessing the Website with an account other than that assigned for your own use.
6. Discontinuance
Participation in the Website is entirely voluntary. If you decide not to participate in the Clarity Health Journal™ Website this will not affect the care that you or any person receives from CHJ. You may discontinue your participation in the Website at any time by notifying the Clarity Health Journal™Website Administrator at (416) ___-_____ x ____. Should you discontinue your participation in the Website, or if your access to the Website is discontinued for any reason, your Website ID and password will be deactivated. Where a patient decides to discontinue participation in the Website, all person’s previously authorized to view that patient’s Website record will be notified that their access has been discontinued at the patient’s request.
7. Medical Advice
Always seek the advice of a physician, or other qualified health care provider properly licensed to practice medicine or general health care in your jurisdiction, concerning any questions you may have regarding any information obtained from the Website and any medical conditions you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program.
Information obtained on the Website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.
8. Medical emergency
Do not use the Website for medical emergencies. If you have a medical emergency, call a physician, qualified health care provider or 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website.
9. No physician-patient relationships
The presentation of information on the Website does not establish a physician-patient relationships between you and the Owner (or any of its physicians or other qualified health care providers) and is not intended as a solicitation of individuals to become patients or clients of the Owner (or any of its physicians or other qualified health care providers).
10. No endorsements
Unless specifically stated, the Owner does not recommend or endorse any specific brand of products, services, procedures or other information that appears or that may be advertised from time to time on the Website.
11. Disclaimer of warranties
The Website and the Content are provided "AS IS". While the Owner endeavors to provide information that is correct, accurate, current and timely, the Owner makes no representation, warranties or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty or covenant that
- the Content contained in or made available through the Website or any item(s) made available on or through the Website will be merchantable quality and/or fit for a particular purpose;
- the Website or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose;
- that the operation of the Website will be uninterrupted or error free;
- that defects or errors in the Website or the Content, be it human or computer errors, will be corrected;
- that the Website will be free from viruses or harmful components; and
- that communications to or from the Website will be secure and/or not intercepted.
You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.
12. Limitation of liability
In no event shall the Owner, its physicians, other qualified health care providers, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitations, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation any loss or damages in the nature of or relating to lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information improper treatment or any other loss incurred in connection with your use, misuse or reliance upon the Website or the Content, or your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise.
The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.
The Owner also expressly disclaims any and all liability for the acts, omissions and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website ("third-party"). Under no circumstances shall the Owner, its physicians, other qualified health care providers, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party, and (ii) any access, use, reliance upon or inability to use any materials, content, goods or services located at, or made available at, any website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.
13. Indemnity
You agree to indemnify, defend and hold harmless the Owner, its physicians, other qualified health care providers, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from
- your breach of any of the terms and conditions of this Agreement,
- your access to, use, misuse, reliance upon or inability to access or use the Website, the Content or any website to which the Website is or may be linked to from time to time, or,
- your use of, reliance on, publication, communication, distribution, uploading or downloading of anything (including the Content) on or from this Website.
14. Copyright
The Content is protected by copyright law and is owned by the Owner and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licenses herein, any use of the Content, inducing modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of the Owner.
15. Limited licenses
Subject to the terms and conditions of the Agreement, you are hereby granted a limited, nontransferable and non-exclusive license to access, view and use the Website and the Content for your personal, non-commercial use. You are granted the right to download, store and/or print single copies of items comprising the content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such content. You may not copy and/or repost items comprising the Content online other than within this Website. You must also abide by any additional requirements governing the use of any special Content that may be set out in the Website. In the event of a conflict between the terms of a license governing specific content and this Agreement, the terms of the specific license shall govern.
16. Linking
The Website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the Owner of any third-party website and the content thereof.
Unless expressly stated, the Owner does not operate any third-party website and is not responsible
for the content of any third-party website, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation,
- any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites,
- any representation, warranty or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party web sites or material, content, software, goods, or websites located at or made available through such third party websites, or
- any representation, warranty or covenant that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third party websites be corrected, or that such third-party websites will be free from viruses or other harmful components. The Owner does not wish to be linked to or from any third-party website. The Owner reserves the right to prohibit or refuse to accept any link to the Website at any time and may remove a link without notice. You agree to remove any link to the Website you may have acquired or stored upon the requestof the Owner.
17. Posting to the Website
The Website may provide features which allow you to participate in discussion groups, to interact with the Owner, its agents and other 3rd party users and to upload files, documents, or other materials ("Posting"). The Owner does not control the content of any Posting and has no obligation to monitor any Posting. While the Owner may attempt to delete insulting, offensive or inaccurate Postings, it cannot prevent them from being uploaded and may not be able to prevent them from being uploaded before they cause damage, and is not responsible for such damage. However, the Owner reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to upload or to remove any Posting, in whole or in part, that, in the Owner’s sole discretion, are objectionable, inaccurate, misleading or in violation of the Agreement. For greater certainty, the Owner will fully cooperate with any legal obligation to disclose the identity of anyone Posting threatening, libelous, obscene, pornographic, profane or otherwise offensive or illegal materials.
You acknowledge that you alone are responsible for the content of Postings to the Website and the consequences thereof.
18. Rules of conduct regarding Postings
When using any of the features of the Website which may allow you to upload files, documents, or other materials ("Posting"), it is a condition of your use of the Website that you do not:
a) Restrict or inhibit another user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the Website or do anything which, in the sole discretion of the Owner, imposes an unreasonable or disproportionately large burden on the Website infrastructure;
b) Post or transmit any unlawful, abusive, defamatory or obscene information of any kind, including, without limitation, any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;
c) Post or transmit any information, including, without limitation, articles, images, stories, software, or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
d) Post or transmit any information or material which contains a virus or other harmful component;
e) Post or transmit "junk mail", "chain letters", unsolicited mass mailing or "spam"; and
f) "Mine" or otherwise use the Website for commercial purposes, including, without limitation, posting, or transmitting any information or material which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising and pyramid schemes.
19. Communications
Subject to any applicable law and for greater certainty, any communications, excluding those containing your personal health information, sent by or to you via this Website or otherwise to the
Owner, are on a non-confidential basis and the Owner is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. The Owner shall be free to use the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including, without limitation, developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby waive the right to receive any financial or other consideration in connection with such communication including, without limitation, acknowledgement of yourself as the source of such communications. For greater certainty, the Owner shall not use or disclose your personal information without your consent.
20. Grant of license regarding Postings
By Posting to the Website, but excluding your personal health information, you grant the Owner a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to (i) use,
reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Postings for any purpose and (ii) to sublicense to third parties the unrestricted right to exercise any other of the foregoing rights. In addition to the grant of the above license, you hereby
- waive all moral rights in your Postings in favour of the Owner,
- consent to your name, address and email appearing as the contributor of your Posting, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Posting,
- acknowledge and agree that the Owner is not responsible for any loss, damage or corruption that may occur to your Posting, and
- acknowledge and agree that your Posting will be non-confidential.
21. Registration
To use certain features of the Website, you may be asked to create an account ("Account") consisting of an online user name ("User Name") and a password ("Password"). In order to receive an Account, you agree
- to provide, true, accurate, current and complete information about yourself as prompted by a registration form; and
- to maintain and promptly update the information about your self to ensure it remains true, accurate, current and complete. If the Owner has reasonable grounds to suspect that such information about yourself is untrue, inaccurate, not current or incomplete, the Owner has the right to suspend or terminate your Account and your access to all or part of the Website.
The Owner’s use of any personally identifying information you provide as part of the registration process is governed by the terms of the Privacy Policy of the Owner.
22. User Name and Passwords
You are responsible for maintaining the confidentiality of the Password you use in association with your Account and are responsible for all activities that occur under your User Name and Password.
You agree to notify the Owner immediately of any unauthorized use of your User name and/or Password or any other breach of security, and to ensure that you exit from your account at the end of each session. The Owner will not be liable for any loss or damage arising from the Owner’s failure or your failure to protect your user name or password from loss or inappropriate use.
23. Software license and ownership
a) All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software ("Software") is protected by copyright and may be protected by other rights. All Software is owned by the Owner, its licensors or the party accredited with ownership of the Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to
(i) the terms and conditions of this Agreement, and
(ii) any additional conditions which may be imposed on your access and use of the Software.
b) If the Website provides Software for download, unless otherwise provided, you are hereby granted, subject to the terms of this Agreement and to any other specific terms and conditions that may apply to your downloading and use of such software, a personal, non-transferable, non-exclusive license to
(i) install and run one copy of the Software in object code format on a non-networked computer for your personal, non-commercial use, and
(ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.
c) Except to the extent expressly permitted in this Agreement, you may not (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part, (ii) sell, rent, lease, licenses, transfer or otherwise provide access to the Software, (iii) alter, remove, or cover any trademarks or proprietary notices including from the Software, and/or (iv) decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so.
d) Other than the limited license granted herein, nothing contained in the Website shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited to, any intellectual property rights in the Software.
e) All Software embedded or integrated into the Website is provided "AS IS", without warranties of any kind, either expressed or implied, including, without limitations, any warranty
(i) that the Software is of merchantable quality and/or is fit for any particular purpose,
(ii) that the Software will conform with any specification(s) relating to the Software,
(iii) that the Software will be free from material defects,
(iv) that the Software contains no computer viruses or other contaminants, or
(v) that the Software shall process date and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
24. Tools
Any tools, calculators or quizzes ("Tool(s)") provided on the Website are provided for general and illustrative purposes only. Tools are not medical advice nor are they intended to be a substitute thereof. You should not act or abstain from acting based on any information provided by any such Tool.
25. Security
Any information sent or received over the Internet is generally not secure. The Owner cannot guarantee the security or confidentiality of any communication to or from the Website.
26. Modification to the Website
The Owner reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you. The Owner shall have no liability to you or any third party for any modifications, suspension or discontinuance of the Website or any part thereof.
27. Use prohibited where contrary to law
Use of this Website is unauthorized in any jurisdiction where the Website or any of the Content may violate any laws or regulations. You agree not to access or use the Website in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
28. Governing law and jurisdiction
The Website is operated by the Owner from its offices within the Province of Ontario, Canada.
You agree that all matters relating to your access or use of the Website and its Content shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the Website and the Content as well as any dispute that may arise there from and that the applicable laws shall be the laws of the Province of Ontario.
29. Waiver
Any consent by the Owner to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
30. Severability
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of the Agreement.
31. Notice
Questions or comments regarding the Website should be directed to the Clarity Health Journal™ Website Administrator at (416) _________.
32. Termination
The Owner may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement shall survive termination of this Agreement. The Owner shall not be liable to any party for such termination.
33. Entire Agreement
This is the entire Agreement between you and the Owner relating to your access and use of the Website.
