Legal Conditions & Terms of Use  

THE INFORMATION CONTAINED IN THIS ONLINE SITE (THE "SERVICE") IS PRESENTED IN SUMMARY FORM ONLY AND IS INTENDED TO PROVIDE BROAD CONSUMER UNDERSTANDING AND KNOWLEDGE OF HEALTH CARE TOPICS. THE INFORMATION SHOULD NOT BE CONSIDERED COMPLETE AND SHOULD NOT BE USED IN PLACE OF A VISIT, CALL, CONSULTATION OR ADVICE OF YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER. THE SERVICE DOES NOT RECOMMEND THE SELF-MANAGEMENT OF HEALTH PROBLEMS. INFORMATION OBTAINED BY USING THE SERVICE IS NOT EXHAUSTIVE AND DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR TREATMENT. SHOULD YOU HAVE ANY HEALTH CARE-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER PROMPTLY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ HERE.

Sources.
The information in this Service is compiled from a variety of sources including, but not limited to, the National Institute of Health, the Medical Data Exchange, Micromedix, the National Library of Medicine, Reuters, MDConsult, Aries Systems, and Clinical Reference Systems (collectively, the "Information Providers"). Please note that medical information changes rapidly; therefore, some of the information contained herein may be out of date and/or may contain inaccuracies.

Liability.
Neither The Iowa Clinic, P.C., its individual physicians, nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. IN NO EVENT SHALL THE IOWA CLINIC, P.C., ITS INDIVIDUAL PHYSICIANS OR ANY INFORMATION PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGE, FEE, FINES, PENALTIES OR LIABILITIES, ARISING OUT OF, OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES OR LINKS ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION CONTAINED HEREIN OR THEREIN (EVEN IF THE IOWA CLINIC, P.C., ITS INDIVIDUAL PHYSICIANS, OR ANY INFORMATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

Notwithstanding the foregoing paragraph, the total liability of The Iowa Clinic, P.C., its individual physicians, or any Information Provider, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort, patent or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided.

"AS IS". INFORMATION ACCESSED THROUGH THIS ONLINE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. THE IOWA CLINIC, P.C., ITS INDIVIDUAL PHYSICIANS, AND ANY OTHER INFORMATION PROVIDER MAKE NO REPRESENTATION OR ENDORSEMENT ABOUT THE SUITABILITY OF PRODUCTS OR SERVICES OF THIS SITE. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE ARE HEREBY EXCLUDED. THE IOWA CLINIC, P.C., ITS INDIVIDUAL PHYSICIANS, AND ANY INFORMATION PROVIDER MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS OR COMPLETENESS OF THE INFORMATION. THE IOWA CLINIC, P.C., ITS INDIVIDUAL PHYSICIANS, AND ANY INFORMATION PROVIDER CANNOT AND DO NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, ACTS OF GOD, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. THE IOWA CLINIC, P.C., ITS INDIVIDUAL PHYSICIANS, AND ANY INFORMATION PROVIDER CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS SERVICE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT. YOU ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICE FOR THE RECONSTRUCTION OF ANY LOST DATA. THE IOWA CLINIC, P.C., ITS INDIVIDUAL PHYSICIANS AND ANY INFORMATION PROVIDER DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE SERVICE.

YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. THE IOWA CLINIC, P.C., ITS INDIVIDUAL PHYSICIANS, AND ANY INFORMATION PROVIDERS HAVE NO CONTROL OVER AND ACCEPT NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

Subject to your compliance with, and acceptance of, the Disclaimer, the Terms and Conditions, the Operating Policies set forth on Exhibit A, and the other information which is available in the registration process and on the Service and incorporated herein by reference (collectively, the "Information"), you may access information and communication services provided by The Iowa Clinic, P.C. and its affiliates, . This "Agreement" consists of the Disclaimer , the Terms and Conditions, the Operating Policies set forth on Exhibit A and the Information. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT . IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE. THE IOWA CLINIC, P.C. MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON COMPLIANCE WITH THE NOTICE PROVISIONS HEREIN . YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

TERMS AND CONDITIONS:

1. Software License. By this Agreement, The Iowa Clinic, P.C. grants to you, subject to the terms of this Agreement, a non-transferable and non-exclusive license to use any software and documentation, together with all updates, enhancements, modifications, and fixes thereto, which are owned by The Iowa Clinic, P.C. and/or its licensors.

2. Equipment. You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and Internet access service) necessary to access the Service.

3. Operating Policies. You accept the Disclaimer and agree to comply with the Operating Policies set forth in Exhibit A hereto and incorporated herein by reference, which are the rules that govern user activity in connection with the Service, as they may be amended by The Iowa Clinic, P.C. from time to time. The Iowa Clinic, P.C. may remove any communications and materials that The Iowa Clinic, P.C. believes in its sole discretion to violate the Operating Policies; however, The Iowa Clinic, P.C. does not guarantee that it will remove any or all of such material. Violations of the Operating Policies or other provisions of this Agreement may also result in termination or suspension of the Service.

4. Copyright, Licenses, Idea Submissions and Service Marks. The entire contents of the Service are copyrighted as a collective work under the United States and other copyright laws. The Iowa Clinic, P.C. holds the copyright in the collective work. The collective work includes works which are the property of The Iowa Clinic, P.C. which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Service solely for your own non-commercial use. Any redistribution, retransmission or publication of any material is strictly prohibited without the express written consent of the copyright holder. You agree not to change or delete any proprietary notices from materials downloaded from the Service.

You agree to grant to The Iowa Clinic, P.C. a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services and information acquired during the registration process) you submit to public areas of the Service (such as bulletin boards, forums and chat rooms) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against The Iowa Clinic, P.C. for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us or by use of the Service.

The Iowa Clinic,â P.C. is a service mark of The Iowa Clinic, P.C. Other trademarks and service marks appearing on the Service may be owned by other parties including third parties not affiliated The Iowa Clinic, P.C.

5. Review. THE IOWA CLINIC, P.C. DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE SERVICE AND IS NOT RESPONSIBLE FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS. HOWEVER, THE IOWA CLINIC, P.C. RESERVES THE RIGHT TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES, IN ITS SOLE DISCRETION, TO BE (A) ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ITSELF OR ANOTHER OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE TO THE IOWA CLINIC, P.C. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.

6. Links. The Service may contain links to web sites operated by other parties. The links are provided for your convenience only. Neither we nor our suppliers control such web sites and we are not responsible for the content and performance of these sites or for your transactions with them.

7. Indemnification. You agree to indemnify, defend and hold harmless The Iowa Clinic, P.C., its officers, directors, shareholders, employees, agents, licensors, individual physicians, Information Providers and suppliers (collectively, the "Service Providers") from and against all losses, claims, damages, expenses and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account.

8. EXCLUSIVE VENUE. THIS SERVICE IS PRESENTED BY THE IOWA CLINIC, P.C. FOR THE SOLE PURPOSE OF DISSEMINATING HEALTH INFORMATION FOR PUBLIC BENEFIT. IT IS NOT INTENDED, AND MUST NOT BE TAKEN, TO BE THE PRACTICE OF MEDICAL, NURSING OR PROFESSIONAL HEALTH CARE ADVICE OR SERVICES IN ANY JURISDICTION. THIS SERVICE IS NOT TARGETED TO USERS IN ANY PARTICULAR LOCALITY. THIS SERVICE IS NOT INTENDED TO CONSTITUTE THE DOING OF BUSINESS IN ANY JURISDICTION, NOR IS IT A SOLICITATION OF BUSINESS ANYWHERE, NOR DOES IT CONSTITUTE ANY CONTACT WITH ANY JURISDICTION OUTSIDE THE STATE OF IOWA.

9. Third Party Rights. The provisions of this Agreement are for the benefit of the Service Providers. The Service Providers shall have the right to assert and enforce those provisions directly against you on its own behalf.

10. Term; Termination. This Agreement shall commence upon your accessing the Service and/or completing the registration process. This Agreement may be terminated by The Iowa Clinic, P.C. without notice at any time for any reason and may be terminated by you upon notice to The Iowa Clinic, P.C. at any time for any reason. The provisions of paragraphs 4 (Copyright, License, and Idea Submission), 5 (Review), 6 (Indemnification), 7 (Third Party Rights) and 9 (Miscellaneous) shall survive any termination of this Agreement.

11. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa, exclusive of its choice of law or conflict of law provisions. You agree that any legal action or proceeding between The Iowa Clinic, P.C. and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or Iowa State District Court sitting in Des Moines, Polk County, Iowa. The parties hereto each waive jurisdictional, venue or inconvenient forum objections to such court. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. The Iowa Clinic, P.C.'s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The Iowa Clinic, P.C. may assign its rights and duties under this Agreement to any party at any time without notice to you.

11. Notice. The Iowa Clinic, P.C. may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in The Iowa Clinic, P.C.'s account information. You may give notice to The Iowa Clinic, P.C. at any time via electronic mail to The Iowa Clinic, P.C. or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

The Iowa Clinic, P.C.
1215 Pleasant St. Suite 618
Des Moines, Iowa 50309
Attn: Web Development

12. Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.

Exhibit A

OPERATING POLICIES:

These operating policies govern your conduct on the Service. Your failure to comply with these policies may result in suspension or termination of your access to the Service and, depending on the circumstances, legal action against you.

1. Member Requirements. You must be an individual at least 18 years of age to register and you must register on the Service under your own name. By entering into this Agreement, you represent and warrant that you are at least 18 years of age and you possess the legal right and ability to enter into this Agreement. Please inform The Iowa Clinic, P.C. promptly if there is a change in the information you provided to The Iowa Clinic, P.C. at the time of registration, including change of address or name.

2. Account Access. If/when you initially register for the Service, you will be asked to select a User ID and Password. The Iowa Clinic, P.C. reserves the right to reject or change any User ID you select for any reason in its sole discretion.

3. Online Communications. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by The Iowa Clinic, P.C. The Iowa Clinic, P.C. cannot and does not screen content provided by you to the Service. Notwithstanding the foregoing, The Iowa Clinic, P.C. reserves the right to monitor content on the Service and to remove content, which The Iowa Clinic, P.C., in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies for users of the Service ("Members").

4. Fee. The Iowa Clinic, P.C., reserves the right to charge a fee for the Service. When fees are charged, The Iowa Clinic, P.C. will notify you pursuant to the Notice provisions set forth herein. The fee options available will be presented within the Service. If you do not select one of the fee options, your use of the Service will terminate. You agree to pay all charges incurred in connection with your User ID and Password at the rates in effect when the charges were incurred. The Iowa Clinic, P.C. shall not be liable for any amounts billed to you by a third party, which were not authorized by you.

5. Members may not post or transmit any message anonymously or under a false name. Members may not permit any other person (other than an agent acting on Member's behalf and subject to Member's supervision) to access the Service using Member's account for any purpose. The rights or duties of this Agreement may not be assigned or delegated by Member.

6. Members may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. Members may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.

7. Members may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

8. Members may not interfere with other Member's use of the Service, including, without limitation, disrupting the normal flow of dialog in a chat room.

9. Members may not post or transmit any file which contains viruses, worms, "Trojan horses", or any other contaminating or destructive features.

10. Members may not post or transmit any message which is harmful, threatening, offensive, abusive or hateful to The Iowa Clinic, in its sole discretion. It is not the Service's intent to discourage Members from taking controversial positions or expressing vigorously what may be unpopular views; however, The Iowa Clinic, P.C. reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which The Iowa Clinic deems, in its sole discretion, to be harmful, threatening, offensive and/or hateful.

11. Members may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. Members may not post or transmit any advertising, promotional materials or any other solicitation of other Members to use goods or services except in those areas (e.g. a classified bulletin board) that are designated for such purpose.

12. Members may not: (a) post a single article to more than five (5) areas of the Service; (b) post to any area which is off-topic according to the owner of the area; or (c) send unsolicited mass e-mailings to other Members.

13. Members may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any activity which is illegal or which infringes on the rights of others.

Last updated March 25, 1999