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TERMS OF USE

E-Visit hours of service are posted on the website (the “Portal”). If you submit an E-Visit outside the normal hours of service, the soonest your E-Visit will be addressed is the next morning during E-Visit’s regular service hours.

Rush University Medical Center and Rush Copley Medical Group (collectively, “Rush”) maintains this service ("Service") to exchange online messages with a Rush affiliated provider about health issues for a service fee (also called "E-Visits"). Your access to and use of this Service is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using the Service, so that you fully understand your rights and responsibilities. These Terms of Use are an agreement between you and Rush. Throughout these Terms of Use, Rush. and its affiliates are referred to as "we" or "us". Throughout these Terms of Use "you" means the person who clicks "I Agree" below. However, if you are clicking "I agree" on behalf of a minor or dependent adult as his or her legally authorized representative, then "you" means the authorized representative and the person represented, but in that case the Service must only be used for the benefit of the minor or dependent adult represented.

YOUR AGREEMENT

THESE TERMS OF USE ARE A LEGAL DOCUMENT. PLEASE READ IT CAREFULLY. BY CLICKING "I AGREE" BELOW OR OTHERWISE USING THIS SERVICE, YOU ARE (A) ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; AND (B) AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY SUCH TERMS, CLICK "I DO NOT AGREE" AND YOU ARE NOT PERMITTED TO USE THIS SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PROMPTLY EXIT THIS SERVICE.

DISCLAIMER ON EMERGENCY OR URGENT MEDICAL CONDITIONS

Do not use the Service for medical emergency services. In an emergency, call 911, your personal physician and/or your local emergency assistance number. The anticipated turnaround for responses to electronic communications submitted through the Service may be delayed. Therefore, the Service should never be used for urgent matters .

SUMMARY

This is a summary of the agreement between you and Rush. It is only a summary and reading it does not substitute for reading and understanding the Terms of Use. If you click on the "I agree" or otherwise use this Service, you agree to all the Terms of Use.

  • E-Visits are not for conditions requiring emergency care.
  • You must be an Illinois resident and currently within the State of Illinois.
  • Your request for an E-Visit must be for your own condition or on behalf of a minor or dependent adult as his or her legally authorized representative.
  • You will be billed for this E-Visit. We will not bill your insurance.
  • Any prescriptions, or additional tests or services ordered that you receive will be billed separately. They are not considered part of the E-Visit.
  • We will only treat specified conditions by E-Visits, other conditions require a face-to-face visit with a provider.
  • If your condition cannot safely be treated as an E-Visit, we will recommend a face to face visit with a provider, and you will not be charged for the E-Visit.
  • Your E-Visit will be addressed by a Rush provider, which may not be your own personal primary care provider.

CHANGES TO THESE TERMS OF USE

Rush reserves the right to modify or amend these Terms of Use, in whole or in part, at any time. All changes will be effective immediately upon their posting. Material changes will be posted conspicuously on the website. These Terms of Use were last updated on October, 30th, 2017. If you use the Service following posting of changes to the Terms of Use, you agree to all such changes.

YOUR REPRESENTATIONS

You represent and warrant that you are at least 18 years of age, that you are physically located in the state of Illinois, and that you possess the legal right and ability to be legally bound by these Terms of Use and to use the Service. You agree to be financially responsible for your use of the Service and to comply with your responsibilities and obligations as stated in these Terms of Use.

If you are not 18 years of age, you are not permitted to use this Service and must exit now.

E-VISITS

An E-Visit is an online exchange of medical information between a patient and a health care provider where the provider gives the patient medical advice via online secure communication. E-Visits can be used only for non-urgent symptoms.

You will be asked to complete an on-line form about your symptoms. This form provides the health care provider the information needed to treat you. In an E-Visit it is important to complete the form fully and accurately.

E-Visits are not a substitute for regular in-person visits in which a doctor or other qualified provider takes a history from a patient, conducts a physical examination and orders and interprets the appropriate diagnostic tests.

We typically will respond to your E-Visit request within two (2) hours, but we cannot guarantee this or any response time. We will not be responsible for any false or misleading information you provide.

Providers will only offer treatment via E-Visits for non-urgent symptoms. At any time during the E-Visit, the provider may terminate the Service and advise you to seek treatment from an in-person provider visit or, if it appears to the provider that the symptoms are emergent, to seek care at the closest emergency room. If the Service is disqualified by Rush, there will be no charge for the Service.

If you are experiencing symptoms like shortness of breath, chest pain, dizziness, weakness, confusion, high fever, sudden or major bleeding, severe rashes or hives, severe allergic reactions, or any other symptoms that might suggest a serious condition, CALL YOUR DOCTOR'S OFFICE, VISIT THE NEAREST HOSPITAL EMERGENCY DEPARTMENT, OR DIAL 911 IMMEDIATELY.

Do not use E-Visits if you are physically located outside the state of Illinois. Our health care providers are only licensed in Illinois. Do not send requests on behalf of someone else, or about someone else's health.

Our fees for E-Visits may change from time to time, and you agree to pay for all charges.

Your E-Visit messages to the Rush provider and his or her responses to your messages will become part of your permanent medical record. This information is generally held confidential, but may be used and disclosed by us in accordance with our Notice of Privacy Practices.

By using the Service, you acknowledge that any previous consents given by you to Rush will apply to E-Visits also.

CREDIT CARD AND PAYMENT CARD INFORMATION

You must submit credit card or payment card information via the Portal for payment of Services. You must submit the necessary card information before your E-Visit will be processed. If the card information that you submit is incorrect or invalid, your E-Visit will not be processed. Payment is subject to the approval of the financial institution issuing the card. We assume no responsibility or liability if the financial institution refuses to accept or honor your card for any reason.

RESTRICTIONS ON YOUR USE

You may view material from the Portal and the Service for your own personal use. You may not download, reproduce or otherwise distribute any materials on the Portal without our prior express written consent and/or the consent of any third party copyright owner.

Any rights that are not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by Rush.

You may not use the Portal or its content for any purpose prohibited or restricted by law or in violation of these Terms of Use.

ELIGIBILITY

The Service is available only to patients under the active care of a Rush provider. All communication through the Service will be in regard to your own health condition(s). You understand that asking for advice on behalf of another person could potentially be harmful and is a violation of these Terms of Use. Rush does not assume any responsibility for health information or services used by persons other than the Service enrollee. You may not use or exploit any portion of the Service to provide any commercial services to third parties.

PRIVACY

This provision of these Terms of Use covers only Rush’s on-line privacy practices with respect to use and/or disclosure of information provided through the Portal and the Service. For additional information on how Rush uses or discloses your individually identifiable health information, see the document entitled "Patients' Privacy Rights.”

Rush requires you to provide certain personally identifiable information ("Personal Information") to use certain features and functions of the Portal and the Service. The Personal Information you provide includes information provided during any registration process, and any other identifying information (including health information) that you submit voluntarily while using the Portal and the Service, such as the information you submit in any form.

Rush uses Personal Information obtained from you to respond to your questions or inquiries; respond to your requests, including requests for referrals, prescription refills and requests for advice regarding your health condition or your health record; to fulfill your requests for appointments; to honor or contact you regarding your requests to change the Information contained in your account; and identify areas of user interest and consider potential improvements to or analyses of the Portal and the Service.

Rush computer resources may be monitored for all lawful purposes, including to ensure that use is authorized, for system management, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. Monitoring includes security testing by authorized entities to test or verify the security of this system. You are responsible for all information that you submit to or through the Portal and the Service.

INTELLECTUAL PROPERTY RIGHTS

The Portal and its content is the property of Rush, its affiliates or its third party sources and vendors. The Portal and its content are protected by federal and international copyright and trademark laws. The distinctive and original layout and presentation of the Portal also constitutes protectable trade dress under applicable federal law. "Rush" and the logo are trademarks and service marks of Rush. All other trademarks, service marks and logos used on the Portal are the trademarks, service marks or logos of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Rush or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

NO WARRANTY

RUSH CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. RUSH CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE PORTAL WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER MALICIOUS CODE. RUSH DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICES PERFORMED IN THE PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PORTAL WILL BE CORRECTED.

THE PORTAL IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND DISCLAIMS ALL SUCH WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT AND ALL WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

RUSH MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PORTAL, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE PORTAL, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE PORTAL. RUSH DOES NOT HAVE ANY RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS OR USE OF THE INTERNET AND THE PORTAL. You acknowledge and agree (1) that your use of the Portal and any material, information or data downloaded or otherwise obtained through the use of the Portal is at your own discretion and risk, and (2) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.

No advice or information, whether oral or written, obtained by you from Rush or in any other manner from the Portal creates any warranty.

LIMITATION OF LIABILITY

NEITHER RUSH, ITS AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE RESPONSIBLE OR LIABLE TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR ACCESS OR USE OF THE PORTAL OR ANY OF ITS CONTENT OR SERVICES.

FURTHERMORE, NEITHER RUSH, ITS AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE OR WILL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO THE PORTAL AND/OR ANY CONTENT ON THE PORTAL, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RUSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR ANY DAMAGE RESULTING FROM THE SITE IS TO STOP USING THE SITE, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

Notwithstanding the foregoing, in no event shall Rush’s liability to you relating to the Portal and the Services exceed one hundred dollars ($100).

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Rush, its affiliates and their respective officers, directors, employees and agents from and against all losses, expenses, liabilities, damages and costs, including without limitation reasonable attorney fees, resulting from, alleged to result from, or arising from any use of the Portal or the Service or its content or any violation of these Terms of Use.

SECURITY

Carefully choose, use, and save your passwords for the Portal access. Rush has no control over use of passwords, and cannot tell whether someone else is accessing the Portal under your password. As a result you are solely responsible for any use of your password or other login information by you or any third party and Rush has no responsibility or liability for any such use.

DISPUTES, CHOICE OF LAW AND VENUE

These Terms of Use are a binding agreement between you and Rush, entered into in the state of Illinois, and governed by and construed in accordance with the laws of the state of Illinois, exclusive of its choice of law rules. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Cook in the state of Illinois, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.

In any action to enforce these Terms of Use, Rush will be entitled to all costs and attorney fees it incurs.

The Portal is not targeted to users in any particular locality, nor is it intended to constitute the doing of business in any jurisdiction, nor to be a solicitation of business anywhere on behalf of Rush or any of its affiliated entities, nor to constitute any contacts with any jurisdiction outside the state of Illinois.

Any cause of action or claim you have regarding the Service must be commenced within one year after the claim or cause of action arises or the claim or cause of action is barred.

Notice may be given to you as a user of this site by posting information to this site. Notice may be given to Rush only by delivery to Chief Information Officer at Triangle Office Building, 1700 W. Van Buren Suite 374, Chicago, IL 60612, with a copy to General Counsel at Triangle Office Building, 1700 W. Van Buren St., Suite 301, Chicago, IL 60612 and to Legal Affairs at 2000 Ogden Avenue Aurora, IL 60504.

MISCELLANEOUS

There is no physician-patient relationship between you and Rush arising solely by virtue of the Service. These Terms of Use and Rush's Patients’ Privacy Rights are binding upon your successors, assigns, heirs and executors. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use and they shall remain in full force and effect. The failure of Rush to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or the Terms of Use must be filed within one year after such claim or cause of action arose. The section titles of the Terms of Use are merely for convenience and will not have any effect on the substantive meaning of these Terms of Use.

If you agree to the foregoing Terms of Use and Rush’s Patients’ Privacy Rights please indicate your agreement by clicking the box labeled "Accept." If you do not agree to the Terms of Use and Rush’s Patients’ Privacy Rights please click "Decline" and you may not use the Service.