Terms & Conditions for Use of Diabetes Diary
Welcome to the Mercy Medical Center Diabetes Diary. Please read the following information carefully. By using this service, you are agreeing to the following terms and conditions (“terms of service”):
- The Diabetes Diary is intended to help you participate with the Crawford Diabetes Center in the self-management of your diabetes. You understand and agree that it does not replace the relationship you have with your physician or healthcare provider, but rather, supplements that relationship by providing you with a means to record and store data, and if you desire, to discuss it with the Crawford Diabetes Center staff.
- You understand and agree that submitting information to the Crawford Diabetes Center in itself is not considered a request for advice and does not create a hospital-patient relationship. The Crawford Diabetes Center is merely providing you with a means to store data in the event this information would be helpful to you in the future management of your diabetes. A copy of any information you submit to the Diabetes Diary service may be forwarded by Mercy to the physician or healthcare provider of your choice or other third party upon your request.
- The Crawford Diabetes Center staff is available to review your Diabetes Diary upon request and to answer your questions based upon the information submitted in your Diabetes Diary. However, you understand and agree that Diabetes Diary information submitted to the Crawford Diabetes Center will not be reviewed by staff without a specific request from you to do so.
- If you do submit a request for review of your Diabetes Diary and/or specific information, you should not expect an immediate response from the Crawford Diabetes Center. If immediate care or answers are required, you should contact your physician or healthcare provider or visit an emergency room. Response times will vary. However, responses to submissions will generally occur between 8:00 a.m. and 4:30 p.m. Monday through Friday, excluding holidays. No one will check on submissions between 4:30 p.m. and 8:00 a.m. Monday through Friday, or at any time on weekends or holidays.
- In order to receive a response to your questions, you agree to provide the Crawford Diabetes Center with a telephone number where you can be reached between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday.
- Mercy may use information obtained through your use of the Diabetes Diary service for its own internal purposes, such as to improve the website, to notify you of up-coming events or services pertaining to diabetes or to respond to your questions.
- Your privacy is important to us. Mercy will not intentionally disclose to third parties your name, email address, telephone number or any confidential medical information it obtains about you through your use of the Diabetes Diary Service 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 Diabetes Diary 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.
- You understand and agree that the accuracy, completeness, appropriateness and usefulness of all information submitted by you through the Diabetes Diary service is your sole responsibility and that under no circumstances will Mercy 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 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 Diabetes Diary service.
- You understand and agree that Mercy, in its sole discretion, may terminate your use of the Diabetes Diary service 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.
- Mercy reserves the right to modify or discontinue the Diabetes Diary service with or without notice to you. You agree that Mercy will not be liable to you in such event.
- You expressly understand and agree that the Diabetes Diary service 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 service will meet your requirements, (ii) the service will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any information obtained by you through the use of this service will meet your expectations.
- 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 Diabetes Diary service, (ii) the cost of procurement of goods or services resulting from any information obtained or messages received via the Diabetes Diary service; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the Diabetes Diary service.
- These terms of service constitute the entire agreement between you and Mercy governing your use of the Diabetes Diary service. 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.
