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Quick Care Online Terms of Service

GENERAL CONSENT AND TERMS OF SERVICE

Welcome to Akron Children’s Hospital’s ("Akron Children’s") telehealth service ("Quick Care Online"). To use Quick Care Online you must agree to be bound by all of the terms of this General Consent and Terms of Service (“Agreement”).

DO NOT USE THIS SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL 911 IMMEDIATELY.

OVERVIEW OF QUICK CARE ONLINE

Telehealth involves the use of electronic communications to enable health care providers at sites remote from patients to provide consultative services. Providers may include primary care practitioners, specialists, and/or subspecialists. The information may be used for diagnosis, therapy, follow-up and/or education, and will include live two-way audio and video and other materials (e.g. medical records, data from medical devices).  Your interactions with Akron Children’s via Quick Care Online are not intended to take the place of your relationship with your regular health care practitioners.

Akron Children’s uses a third party technology platform provider to provide the website. The communications systems used will incorporate network and software security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.

An after visit summary will be provided to the patient at the end of each encounter.  The after visit summary will be part of the patient’s medical record and may be shared with other providers for treatment purposes or as otherwise permitted or required by law.  It may also be shared with an electronic health information exchange (HIE) that facilitates access to information by other healthcare providers who provide you care. If you decide you do not want your information shared with the HIE, you will need to contact Akron Children’s for a “Request to Deny Release of Medical Information to HIE” form.  

ANTICIPATED BENEFITS OF TELEHEALTH

Improved access to medical care by enabling a patient to remain at his or her home or office while consulting a clinician.

More efficient medical evaluation and management.

POSSIBLE RISKS OF TELEHEALTH

As with any medical procedure, there are potential risks associated with the use of telehealth. Akron Children’s believes that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:

Deficiencies or failures of the equipment may result in delays in medical evaluation and consultation or treatment and may require re-scheduling of Quick Care Online or the need to schedule an in person visit.

Security protocols could fail, causing a breach of privacy of personal medical information.

Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.

WEBSITE CONTENT

Other than information received directly by you from providers, the content on the website should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the content on this website represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, Akron Children’s does not recommend or endorse any specific tests, medications, products or procedures.

SECURITY

Akron Children’s, through its third party technology platform provider, has implemented a variety of commercially standard encryption and security technologies and procedures to protect your personal information which is stored in its computer systems from unauthorized access. We also maintain standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information.

Access to Quick Care Online is enabled only by usernames and passwords. You should maintain your username and password in strict confidence. In no event should you share your username or password with any third party or allow another person to access Quick Care Online using your username and password. Please notify Akron Children’s if you have any reason to believe that your username or password has been lost or compromised or misused in any way. You are fully and solely responsible for any and all use of Quick Care Online using your username and password. Akron Children’s reserves the right to revoke or deactivate your username and password at any time and for any reason.

ACCOUNT ENROLLMENT

To access Quick Care Online, you must first enroll to establish an individual user account ("Account"), by providing certain information. With the exception of subaccounts established for minor children of whom you are a parent or legal guardian, you agree that you will not create more than one Account, or create an account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of Quick Care Online and, if applicable, in order for Akron Children’s to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of Quick Care Online. You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to this Agreement.  

ACCEPTABLE USE

You agree not to access or use Quick Care Online in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Agreement. You shall not post, use, store or transmit (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of Quick Care Online by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use Quick Care Online in any manner that could damage, disable or impair Quick Care Online. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access Quick Care Online for any purpose.

OPERATION AND RECORD RETENTION

Akron Children’s and its third party platform provider reserves complete and sole discretion with respect to the operation of Quick Care Online. Akron Children’s, through its third party provider, may, among other things withdraw, suspend or discontinue any functionality or feature of Quick Care Online. Subject to applicable law, Akron Children’s reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to Quick Care Online pursuant to its internal record retention and/or destruction policies.

LINKS TO OTHER SITES

Areas of the website or Akron Children’s portal may contain links to other web sites. Akron Children's Hospital is not responsible for and has no control over the contents of or information provided in the sites linked to or accessible from this site. Your linking to any other site is at your own risk, and Akron Children's accepts no liability for the contents, accuracy or currency of sites that link to this site or to which we link from this site.

Akron Children's Hospital does not endorse any linked site, does not have any association with any operators of such sites, and is not responsible for any transmission received from any linked site. Akron Children's assumes no responsibility, and shall not be liable for any damage to or any viral infection of your computer equipment or software on account of your access, use of or browsing in this or any other site.

NO ENDORSEMENTS

All product and service marks contained herein that are not Akron Children's marks are the trademarks of their respective owners. References that we may make to any names, marks, products or services of third parties do not constitute or imply Akron Children's endorsement, sponsorship or recommendation of the third party, information, product or service.

INTELLECTUAL PROPERTY

All of the content available on or through Quick Care Online is the property of Akron Children’s, its affiliates and subsidiaries, and/or any third party owner of such rights and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You may download, use, and copy the materials found on Akron Children's website for your personal, noncommercial use only, provided that all copies that you make of the material must include all applicable copyright, trademark or other proprietary notice.  You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through Quick Care Online to anyone. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein.

The Akron Children's Hospital names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Akron Children's Hospital, or its subsidiaries or affiliates. All other brands and names are the property of their respective owners, including those related to Akron Children’s third party technology platform provider. You are not authorized to use any such name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Akron Children's or such third-party that may own the name or mark.

The rights granted herein do not permit you, and you agree not to: (a) modify, translate, reverse engineer, disassemble, decompile or create derivative works of Quick Care Online or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of Quick Care Online; or (b) transfer, distribute, sell, lease, rent, disclose or provide access to Quick Care Online to any third party or use Quick Care Online to provide service bureau, time sharing or other services to third parties.

DISCLAIMERS

ACCESS TO QUICK CARE ONLINE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AKRON CHILDREN’S AND ITS THIRD PARTY TECHNOLOGY PLATFORM PROVIDER DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, AKRON CHILDREN’S DOES NOT WARRANT THAT ACCESS TO QUICK CARE ONLINE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES AKRON CHILDREN’S MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF QUICK CARE ONLINE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF QUICK CARE ONLINE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO QUICK CARE ONLINE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON QUICK CARE ONLINE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. AKRON CHILDREN’S CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH QUICK CARE ONLINE.

LIMITATIONS OF LIABILITY

IN THE EVENT OF ANY PROBLEM WITH QUICK CARE ONLINE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING QUICK CARE ONLINE. UNDER NO CIRCUMSTANCES SHALL AKRON CHILDREN’S, ITS THIRD PARTY TECHNOLOGY PLATFORM PROVIDER OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES QUICK CARE ONLINE OR PROVIDES YOU WITH A LINK TO QUICK CARE ONLINE BE LIABLE IN ANY WAY FOR YOUR USE OF QUICK CARE ONLINE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL AKRON CHILDREN’S, ITS THIRD PARTY TECHNOLOGY PLATFORM PROVIDER OR SUPPLIERS OR ANY THIRD PARTY WHO PROMOTES QUICK CARE ONLINE OR PROVIDES YOU WITH A LINK TO QUICK CARE ONLINE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF QUICK CARE ONLINE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITYOR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY RELEASE AND HOLD AKRON CHILDREN’S, ITS THIRD PARTY TECHNOLOGY PLATFORM PROVIDER, SUPPLIERS AND PROVIDERS AND ANY THIRD PARTY WHO PROMOTES QUICK CARE ONLINE OR PROVIDES YOU WITH A LINK TO QUICK CARE ONLINE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF QUICK CARE ONLINE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

UNAVAILABILITY

This website may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. Akron Children’s cannot predict or control when such downtime may occur and cannot control the duration of such downtime. As a result, Akron Children’s cannot and does not have any liability for such failures.

INDEMNIFICATION

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, you agree to indemnify, hold harmless, and defend Akron Children’s, its third party technology platform provider, and its parents, subsidiaries, affiliates, licensors, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, "Indemnified Parties" and each, individually, an "Indemnified Party") against all costs, expenses, liabilities and damages (including reasonable attorney's fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your failure to comply with any applicable laws and regulations; and (ii) your breach of any of your obligations set forth in this Agreement.

SUSPENSION OR TERMINATION OF ACCESS

Akron Children’s or its' third party technology platform provider, if directed by Akron Children’s, may suspend or terminate your access to Quick Care Online at any time, for any reason or for no reason at all. Akron Children’s has the right (but not the obligation) to refuse to provide access to Quick Care Online to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Akron Children’s reserves the right to delete or change any username or password at any time, for any reason or for no reason at all.

MODIFICATION OR DISCONTINUATION OF QUICK CARE ONLINE

Akron Children’s reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Quick Care Online, or any portion thereof, with or without notice. You agree that Akron Children’s will not be liable to you or to any third party for any modification, suspension or discontinuance of Quick Care Online or any portion thereof.

MODIFICATIONS TO THIS AGREEMENT

Akron Children’s may revise these terms of service at any time. If we make any revisions, Akron Children’s will notify you and all users by posting a notice regarding the revisions on this website. Revisions will be effective as of their posting unless otherwise stated. By accessing or using this website after such revisions are posted, you agree and consent to all such revisions.

INTERNATIONAL USE

Quick Care Online is designed for and intended for users in the United States. Akron Children’s makes no representation that the information and services provided on Quick Care Online are applicable to, appropriate for, or available to users in locations outside the United States. Accessing Quick Care Online from territories where the content is illegal is prohibited. If you choose to access the site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

ELECTRONIC CONTRACTING AND NOTICES

You assent to the terms of this Agreement by clicking the checkbox. You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding Quick Care Online (collectively, "Notices"). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on Quick Care Online or otherwise through our site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices by contacting our Patient Advocate at 330-543-3534.

GOVERNING LAW AND CHOICE OF FORUM

Quick Care Online is operated and managed in the State of Ohio, United States of America. Consequently, any disputes arising out of the use or operation of Quick Care Online shall be governed exclusively by the laws of the State of Ohio without regard to its choice of law rules. Further, any visitor to this site hereby agrees on behalf of themselves and any persons claiming by or through them that the sole location and venue for any litigation that may arise hereunder shall be an appropriate federal or state court located in the City of Akron, Ohio.

GEOGRAPHIC RESTRICTIONS

I hereby certify that I am located in my current state (indicate on next page), and agree to only interact with a provider through Quick Care Online while I am present in that state. I acknowledge that my ability to access and use Quick Care Online is conditional upon the truthfulness of the certifications I make at the time of accessing a provider, and that the providers I access are relying upon this certification in order to interact with me.

Age Requirements and authority to make medical decisions

I hereby certify that I am at least 18 years of age and am qualified under the laws of my state to make medical decisions on my own behalf or on behalf of a minor child of whom I am a parent or legal guardian. I acknowledge that my ability to access and use Quick Care Online is conditional upon the truthfulness of my certification of age and authority to make medical decisions.

MISCELLANEOUS

This Agreement constitutes the sole Agreement between you and Akron Children’s relating to your use and our provision of Quick Care Online and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or Akron Children’s. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by Akron Children’s of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties' respective successors and permitted assigns. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

GENERAL CONSENT

The use of the term “I” will refer to “I and/or my parents or guardians.” The use of the term “me” “myself” or “my” shall refer to the patient. The use of “Children’s” will refer to Akron Children’s Hospital, its physicians, nurses, other health care providers, employees, attending physicians and other physicians, and their assistants or designees.

CONSENT FOR MEDICAL TREATMENT:

I and/or my parents(s) or guardian(s) consent to let the physicians, nurses, other health care providers, and employees of Akron Children’s Hospital, attending physicians and other physicians, or any of their assistants or designees, do all things that may be needed to diagnose, treat and care for the needs of the above-referenced patient.

Children’s is a teaching hospital and I understand and agree that people who are in training, including, but not limited to, fellows, residents, and students, may assist or participate in my care.

I understand and agree that Children’s may take photos, video, or audio recording of me and use them for clinical, internal education purposes, legal purposes and quality improvement purposes.

I understand and agree that Children’s may at its discretion provide certain services to me by remote means called “telehealth”.

I understand that the practice of medicine is not an exact science and that no guarantees have been made about the results of my examination or treatment through this telehealth service or at Children’s.

ADVANCE NOTICE OF NONCOVERAGE: 

By signing this consent I am stating that I understand this telehealth service for myself/the patient for whom I am the parent or legal guardian may not be covered through my current insurance plan or government program, and the cost is not or may not be an allowable expense.  Therefore, I am agreeing to accept full financial responsibility for the cost related to the telehealth services.  I understand that I am being informed in advance that these telehealth services may not be covered benefits through my insurance plan or government program.

NOTICE REGARDING TEST COSTS: 

I understand that a provider may order certain tests in follow up to this telehealth visit.  The cost of such testing is in addition to the fees charged for the telehealth visit, and I will receive a bill for the tests completed.  I understand that such testing may or may not be covered by my insurance plan (whether such plan is provided by Medicare, Medicaid or a private insurer).  I will be responsible for the costs of any testing which is not paid for by my insurance plan.

FINANCIAL RESPONSIBILITY AND ASSIGNMENT OF BENEFITS:

I agree to pay all bills for my care, including bills that insurance benefits do not pay. This includes bills for Children’s, physicians or other entities that provided services during my care. I authorize Children’s to bill my insurance carrier and request that payments be made directly to Children’s. I assign to Children’s, my physicians and other healthcare professionals involved in my care, all of my rights and claims for reimbursement under any private health insurance policy, Medicare, Medicaid, Tricare, any other program for which benefits may be available to pay Children’s for the services provided to me, or other payments or judgments. If I choose to pay for certain services out of pocket and exercise my right to limit disclosure of the information to my payer regarding those services, I understand that a financial agreement will be established. I agree to cooperate and provide complete and accurate information as needed to establish my eligibility for such benefits.

PATIENT RIGHTS/PRIVACY INFORMATION:

I understand I have the right to take part in decisions about my healthcare and plan for treatment. I have received, read, or had explained to me, and acknowledge receipt of the following documents and/or information, and all my questions have been answered.

Patient Rights and Responsibilities including Complaint/ Grievance Procedure can be found at https://www.akronchildrens.org/pages/Patient-Rights.html

Free Hospital Care Information, which can be found at https://www.akronchildrens.org/pages/Financial-Assistance.html

HIPAA Notice of Privacy Practices, which can be found at    https://www.akronchildrens.org/pages/Privacy-Policy.html

“An Important Message from Tricare” (Tricare patients), which can be found at https://tricare.mil/Resources/RightsResponsibilities

AUTHORIZATION TO COMMUNICATE:

I understand that Children’s uses various communication methods including voice calls, computerized calls, computerized text messaging, email, fax, auto-dialed calls, and pre-recorded messaging for the purposes of sharing clinical/medical results, scheduling appointments, sending appointment reminders, obtaining patient feedback, and communicating/discussing financial responsibilities. By signing this form, I am granting permission to Children’s to use all phone numbers and email addresses that I have supplied to contact me regarding this current visit and any future visits. I will be given the opportunity to opt out of future text, email or phone communications at any time. I understand that my opting out of future text, email or phone communications will not affect, directly or indirectly, my right to receive health care services from Children’s.

ALL PATIENTS COVERED BY MEDICAID:

If any insurance other than Medicaid may cover services provided by Children’s, I will provide information about such other insurance coverage to Children’s.   

By clicking the checkbox, you are indicating that you agree to be bound by all of the terms in this General Consent and Terms of Service. If you do not agree to this General Consent and Terms of Service, you are not authorized to access or use Quick Care Online.