Patients and Visitors

TERMS & CONDITIONS FOR “ASK THE EXPERT” WEBSITE

Welcome to the Mercy Medical Center “Ask the Expert” website. Please read the following information. By using this service, you are agreeing to the following terms and conditions (“terms of service”):

1. The “Ask the Expert” website is intended to provide its users with general information about pediatric topics through a question and answer format that will enable you to ask pediatrician Sarah Wickenkamp questions of a general nature pertaining to pediatric issues.

2. The “Ask the Expert” website postings are not intended to constitute personal medical advice. You should not infer or assume that information posted about a particular topic necessarily applies to you. Nothing contained in this website is intended to be used for medical diagnosis or treatment. You understand and agree that this website does not replace the relationship you have with your healthcare provider and that using this website does not create a hospital-patient relationship with Mercy Medical Center, Cedar Rapids, Iowa (“Mercy”).

3. Dr. Sarah Wickenkamp, in her complete and sole discretion, periodically reviews all questions submitted to the website and responds to them. Not all questions and responses will be posted for viewing by users of the website. If you submit a question to the “Ask the Expert” website, you should not expect an immediate response. Response times will vary. If immediate care or answers are required, you should contact your healthcare provider or visit an emergency room.

4. Mercy may use information obtained through your use of the “Ask the Expert” website for its own internal purposes, such as to improve the website, to notify you of upcoming events or to respond to your questions.

5. Your privacy is important to us. Mercy will not intentionally disclose to third parties your name, e-mail address or any individually identifiable confidential medical information obtained through your use of the “Ask the Expert” website without your express consent, except as required or allowed by law. Mercy takes reasonable measures to protect the security of your personal information from loss, misuse, unauthorized access or disclosure, alteration or destruction. All sensitive information is stored on a secured server protected from unauthorized access by a firewall and an access control system. However, you understand and agree that use of the “Ask the Expert” website is at your own risk and there is no guarantee of confidentiality of any communication submitted over the internet. You further understand and agree that Mercy is not responsible for any loss of data that may occur due to computer or internet limitations or malfunctions.

6. You understand and agree that the accuracy, completeness, appropriateness and usefulness of all information submitted by you through the “Ask the Expert” website is your sole responsibility and that under no circumstances will Mercy or Dr. Wickenkamp be liable in any way for any information submitted by you. You agree that you will bear all risks associated with the use of any information submitted by you, including but not limited to any reliance on the accuracy, completeness and usefulness of such information. You further agree to indemnify and hold harmless Mercy, its affiliates, officers, trustees and employees including Dr. Wickenkamp from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of the accuracy, completeness, appropriateness and usefulness of the information you submit through the “Ask the Expert” website.

7. You agree not to use the “Ask the Expert” website to:
   • transmit any information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive or another’s privacy, hateful or otherwise objectionable;
   • transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
   • transmit any information that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party;
   • transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any form of solicitation;
   • transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
   • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information submitted through the “Ask the Expert” website; or
   • violate any applicable local, state or federal law.

8. You understand and agree that Mercy, in its sole discretion, may terminate your use of the “Ask the Expert” website for any reason, including without limitation, for inappropriate use of the service or Mercy’s belief that you have violated any of these terms and conditions. You further agree that such termination may be done without prior notice to you and that Mercy will not be liable to you for doing so.

9. Mercy reserves the right to modify or discontinue the “Ask the Expert” website with or without notice to you. You agree that Mercy will not be liable to you in such event.

10. You expressly understand and agree that the “Ask the Expert” website is provided on an “as is” and “as available” basis. Mercy expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Mercy makes no warranty that (i) the website will meet your requirements, (ii) the website will be uninterrupted, timely, secure or error-free, (iii) the information provided by Dr. Wickenkamp via the “Ask the Expert” website will be accurate, complete or reliable, or (iv) the quality of any information obtained by you through the use of this website will meet your expectations.

11. You expressly understand and agree that Mercy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from (i) the use or inability to use the “Ask the Expert” website, (ii) any reliance upon posted advice or information; (iii) the cost of procurement of goods or services resulting from any information obtained or messages received via the “Ask the Expert” website; (iv) unauthorized access to or alteration of your transmissions or data; or (v) any other matter relating to the “Ask the Expert” website.

12. These terms of service constitute the entire agreement between you and Mercy governing your use of the “Ask the Expert” website. You agree that the terms of service and relationship between you and Mercy are governed by the state of Iowa without regard to its conflict of law provisions. You and Mercy agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Linn, Iowa. The failure of Mercy to exercise or enforce any right or provision of the terms of service shall not constitute a waiver or such right or provision. If any provision of these terms of service is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other terms of service remain in full force and effect.