Effective Date: August 31, 2023
The University of Chicago Medicine HealthCare corporate affiliates include the following entities: The University of Chicago Medical Center; parts of the University of Chicago that provide or support Health Care Services (as defined below); UCM Community Physicians, LLC; UCM Care Network Medical Group, Inc.; Primary Healthcare Associates, SC; Ingalls Memorial Hospital; Ingalls Home Care; Ingalls Same Day Surgery, LP; and Ingalls Health Ventures.
These Terms do not apply to your receipt of healthcare professional or other health care services (“Health Care Services”) from your UCMC health care provider (“Provider”), even if your Provider delivers Health Care Services to you via the Digital Services.
These Terms are important, contain legal obligations, and affect your legal rights, so please read them carefully. Section 15 of these Terms limits the remedies available to you in the event of certain disputes relating to the operation or use of the Digital Services, including agreeing to file any disputes on an individual basis (and not as part of a class or collective action) and to waive a jury trial. However, these Terms (including the class action and jury trial waiver provisions) do not apply to disputes arising out of the Health Care Services you receive as a UCMC patient, even if that dispute involves the Digital Services.
- The Digital Services are not intended to provide instructions in the event of an emergency. If you believe your symptom(s) or situation is urgent or life-threatening, call 911 or go to your local emergency room immediately.
- The Digital Services are intended to provide only general and educational information about UCMC and are not an attempt to practice medicine or provide specific medical advice. For Health Care Services or answers to your personal questions, please consult with a Provider. The Digital Services and Content (defined below) should not be used as a substitute for direct care.
- Application of or reliance on any of the Content, techniques, ideas, or suggestions accessed through the Digital Services is at your sole discretion and risk. Do not delay or forgo seeking medical care from a Provider if you have questions, concerns, or symptoms related to health topics or information that may be presented or referenced on the Digital Services.
By clicking “I Accept” or by accessing or using our Digital Services (including by creating any account (including a MyChart Account) or paying your bill via the Digital Services), you agree to the Terms. You also agree to these Terms when you access or use the Digital Services as a guest user (e.g., if you pay a bill or schedule an appointment via the Digital Services as a guest user). If you are accessing or using our Digital Services on behalf of another person, you represent that you are authorized to accept these Terms on that person's behalf and that the person agrees to be responsible to us if you or the other person violates these Terms. If you do not agree to all of these Terms, including the class action waiver described below, you may not access or use the Digital Services.
Section 1: Digital Services Privacy
Section 2: Access to Digital Services via Mobile Device
If you access and use the Digital Services on your smartphone, tablet, or other mobile device, you must have wireless service through Wi-Fi or a participating wireless service provider and a compatible mobile device. You are responsible for all charges (including data and messaging charges) related to your use of the Digital Services through your device. We do not guarantee that the Digital Services are compatible with any particular operating system, browser, mobile device, or other software or equipment.
Section 3: Reservation of Rights
We may modify, suspend, or discontinue any aspect of the Digital Services at any time without prior notice. You agree that we are not liable to you or any third party for any modification, suspension, or discontinuance of any feature or component of the Digital Services. In addition, we reserve the right, at any time and for any reason, with or without notice, and without liability to you or any other user, to: (a) restrict, limit, suspend, or terminate your and/or any other user's access to the Digital Services; (b) monitor any user’s use of the Digital Services to verify compliance with these Terms and/or any applicable law; (c) investigate any suspected or alleged misuse of the Digital Services and cooperate with law enforcement and/or third-parties in such investigation; and (d) disclose information about any user’s use of the Digital Services in connection with law enforcement investigation of alleged illegal activity, or in response to a lawful court order or subpoena.
Section 4: Proprietary Rights
UCMC grants you a limited, nonexclusive, non-assignable, non-sublicensable, non-transferable right to use the Digital Services and the Content in the United States solely for your personal, non-commercial use in accordance with these Terms. All original materials, features, and functionality (including, text, information, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, and search engines) and other content available via the Digital Services (the “Content”) are owned by UCMC and/or its licensors and is protected by U.S. and foreign copyright, trademark, and other intellectual property laws. Except for this limited license granted to you, we reserve all other rights. This license may be revoked and terminated by us at any time and for any reason. Any unauthorized use, reproduction, or distribution of the Digital Services or Content is strictly prohibited and may result in termination of the license granted herein, as well as civil and/or criminal penalties.
All trademarks, trade names, and logos appearing on or through the Digital Services are owned or licensed by us. The “The University of Chicago Medicine” name and logo and all other UCMC names, marks, logos, and other identifiers are trademarks and service marks of UCMC. You may not use or display any UCMC trademarks, trade names, or logos without our prior written permission. We reserve all rights thereto.
Section 5: User Supplied Material
Our Digital Services may allow you to upload, store, and share content, including messages, texts, photos, and other materials (collectively, “User Content”). Except for the license you grant below, as between you and UCMC, you retain all rights in and to your User Content. You hereby grant UCMC a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in all media formats and channels now known or later developed without compensation to you.
If you supply or transmit any User Content via the Digital Services, you represent and warrant to us that you have the legal rights necessary to grant us the license described above, and that your User Content will not violate any law or the rights of any person or entity. Any User Content posted publicly or sent privately is the sole responsibility of the person who submitted it. Although we reserve the right to review or remove all User Content on the Digital Services, we do not necessarily review all of it. As such, we do not take responsibility for any User Content provided through the Digital Services.
If you choose to provide us with any comments, suggestions, ideas, or other feedback (“User Feedback”), you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.
Section 6: Appropriate Use of the Digital Services and Content
You agree to use the Digital Services and Content solely in accordance with all applicable laws and to be solely responsible for your conduct while accessing or using our Digital Services. In addition, without limitation, you will not – directly or indirectly – do any of the following while using or accessing the Digital Services and Content:
- Engage in any harassing, threatening, intimidating, predatory, or stalking conduct.
- Use or attempt to use another user’s account (including their MyChart Account) without authorization from that user and us.
- Copy, reproduce, publicly perform or display, sell, resell, rent, lease, distribute, transfer, modify, or make derivative works from the Digital Services or any Content.
- Remove, alter, or tamper with any copyright, trademark, or other proprietary rights or other legal notices or markings contained in any Content.
- Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the Digital Services or the Content.
- Use the Digital Services in any manner that could interfere in any way with the operation of the Digital Services or any server, network, or system associated with the Digital Services, including by: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning, or testing the vulnerability of the Digital Services or any server, network, or system associated with the Digital Services.
- Breaching or circumventing firewall, encryption, security, or authentication routines; or accessing data not intended for you.
- Use any data mining or automated program, tool, or process (including web crawlers, robots, bots, spiders, and automated scripts) to access the Digital Services or any server, network, or system associated with the Digital Services, or to extract, collect, harvest, or gather Content or information from the Digital Services.
- Frame or otherwise create a browser or border environment around any page or content of the Digital Services, or deep-link to any internal page or area of the Digital Services.
- Make any other use of the Digital Services and Content that violates these Terms or any applicable law.
You may also only upload or otherwise share User Content that you have all necessary rights to disclose. You may not upload, store, or share any User Content that:
- is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
- would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any applicable law;
- may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- impersonates or misrepresents your affiliation with, any person or entity;
- contains any private or personal information of a third party without such third party’s consent;
- contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
- is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Digital Services, or that may expose us or others to any harm or liability of any type.
Section 7: Links to Third Parties
Section 8: MyChart Terms
MyChart is a tool that enables our patients to view their electronic medical records, communicate with their care team, request prescription refills, schedule appointments, and conduct other activities online. We offer MyChart to our patients (and their proxies) only as a convenience.
Note that the entire patient medical record is not available through MyChart. Access to a patient’s complete medical record may be requested through the procedure described in our Notice of Privacy Practices.
This section contains terms specific to your use of MyChart.
A. MyChart Accounts
You need to register for a MyChart account (“My Chart Account”) to access some parts of MyChart. When you initially enroll in MyChart, you will have the opportunity to create a personal login name (called a MyChart ID) and a password. Anyone with access to your login name and password would be able to access your health information, schedule appointments, read your messages, and send messages as if that person were you. It is your responsibility to select a strong password, to prevent disclosure of your login and password, and to change your password if you feel that its security has been compromised. You may change your password at any time using the MyChart Password Reset Portal. We are not responsible for any damages that result from your failure to keep your password secure. You are responsible for all activity in your MyChart Account. If you permit others to use your MyChart Account credentials, you are responsible for the activities of such users that occur in connection with your MyChart Account.
B. MyChart Messages
You may receive messages, test results, and other communications through MyChart. The messages that we send you may contain information that is important to your health and medical care and it is your responsibility to monitor these messages. UCMC will not be liable for any loss, injury, or claims of any kind resulting from MyChart messages that you fail to read in a timely manner.
Note that messages you send to us in MyChart may be routed to our staff that assists the patient’s physician to provide care to the patient, and someone other than the patient’s physician may be involved in responding to requests. The message and response may become part of the patient’s medical record.
We will make our best effort to provide a timely response to electronic inquiries. In some cases, our staff that needs to respond to an electronic inquiry or other communication may not be immediately available, so a patient should allow at least three business days for a response. Accordingly, emergency situations requiring immediate attention should not be submitted electronically and the patient should go to the nearest emergency room or contact 911 immediately.
Furthermore, with respect to any electronic communications sent by you, we are only able to respond to such communications based on the information provided by you. If there is insufficient information provided, we will be unable to provide accurate and reliable services.
C. Email Privacy
You may be notified via email when there is new message or health information to be viewed on MyChart. This means that any person with access to your email (such as your spouse, employer, or other person) will be able to see this notification. The notification that you received a message or that new health information is available may be information that you would not want others to know. Thus, you should take this into account when providing an email address or providing others with access to your email account.
D. Security and Confidentiality
We afford the same degree of confidentiality to health information stored on MyChart as is given to other Protected Health Information stored by UCMC in any other medium. UCMC is committed to protecting the confidentiality of your Protected Health Information. We limit UCMC employee access and ability to enter or view information based upon their role in your care. We identify the records released and note the time and date of access each time a patient accesses MyChart.
We have taken steps to make all information received from our online visitors as secure as possible against unauthorized access and use. Firewalls, passwords, encryption, and audit trails are further used to safeguard your information. For other than general information viewing, MyChart must be accessed with a Secure Sockets Layer (SSL) compatible browser or terminal. You can tell when you are secure by looking at the location (URL) field. If the URL begins with https:// (instead of http://), the document comes from a secure server. You can tell whether you are truly connected to UCMC by viewing the digital certificate. This certificate verifies the connection between UCMC's server's public key and the server's identification. Usernames and passwords provide two layers of authentication and are stored in an encrypted database that is isolated from the Internet. As a MyChart user, your role in maintaining the security of your health information is: (a) changing your password on a regular basis; and (b) keeping your MyChart ID and password confidential.
E. Minor Eligibility
Children under the age of 12 are not permitted to have their own individual MyChart Account. Minor patients ages 12 to 17 years can request individual, full access to their own MyChart Account with the approval of their treating physician.
Parents, legal guardians, or personal representatives of minor children under the age of 12 may request access to the minor child's MyChart Account by following the terms outlined in the “Access by a Proxy” section below.
Under U.S. state and federal law, there are certain types of health information that the parent or guardian of a minor patient age 12 or older may not view without consent of the minor patient. Because of these requirements, when a minor patient reaches age 12, proxy access to the minor's health information via MyChart is restricted to limited content. However, for a minor child with developmental issues leading to diminished capacity, as confirmed in writing by a UCMC physician, the parent or legal guardian may be provided access to all content enabled through MyChart as would be provided to the parent or legal guardian of a minor under the age of 12.
Proxy access to a minor child’s MyChart account terminates when the child turns 18. The adult child may authorize adult-adult proxy access by following the terms outlined in the “Access by a Proxy” section below.
F. Access by a Proxy
A parent or legal guardian of a patient who is minor child under the age of 12 may request full proxy access to the patient’s MyChart Account by completing the Proxy Access Authorization Form available through the Health Information Management Department and submitting it to UCMC or by requesting proxy access to a minor child’s MyChart Account here.
If a patient is a competent adult age 18 or older, the patient may grant proxy access to another person by signing a Proxy Access Authorization Form. If the adult is not competent to authorize proxy access, a legal guardian, person holding a durable power of attorney for healthcare, or other person with legal authority to consent for the adult may authorize proxy access to the patient’s MyChart Account. Such access will only be granted to a person with legal guardianship over the patient or to the extent that the party requesting proxy access can demonstrate the legal right to the patient’s health information. In all cases, UCMC reserves absolute discretion to decide whether to approve proxy access.
By signing a Proxy Access Authorization Form, a patient (or legal guardian) authorizes us to provide access to the patient’s information in MyChart to the person (18 years or older) identified as a proxy. The patient understands that the information in MyChart is obtained from the patient’s medical records in our electronic medical record system and may include information from any providers or third parties. The patient (or legal guardian) authorizes us to provide the patient’s proxy with access to any of the patient’s information available through MyChart, including, if applicable, information related to the diagnosis and treatment of mental illness, developmental disabilities, sexually transmitted diseases, HIV test results, genetic testing results, and substance use disorders.
If the proxy’s legal relationship with the patient changes, the proxy must inform UCMC immediately. Adult patients and minors ages 12 to 17 years have the ability to revoke proxy access to MyChart at any time by contacting their physician, or through their MyChart Account, except to the extent that UCMC has already acted in reliance on the authorization granting proxy access. However, parents or legal guardians will still retain the right to obtain from the Health Information Management Department copies of a minor's medical record to which they may be legally entitled under state and federal law.
Section 9: Bill Pay and Donations
By providing a credit card or other payment method that we accept, you represent that you are authorized to use that payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your bill (including any applicable taxes and other charges) or donation (each, a “Transaction”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Transaction may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Transaction. If you want to change or update your payment method information, you can do so at any time by logging into your MyChart Account. If a payment is not successfully settled and you do not edit your payment method information, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.
You acknowledge that the origination of Automated Clearing House (“ACH”) Transactions to your MyChart Account must comply with applicable provisions of law. In the case of an ACH Transaction rejected for insufficient funds, we may at our discretion attempt to process the charge again at any time within 30 days. If you have sent an insufficient amount of funds to complete the Transaction, we may in our discretion cancel the entire Transaction or fulfill a partial Transaction using the amount of funds available, but we have no obligation to alert you to the insufficiency.
By making a donation, you agree that UCMC makes no representation as to whether or not your donation is personally tax deductible or eligible for tax credits. You further agree that: (a) designated donations and any applicable transaction fees will be charged to the credit or debit card or other payment method you designate; (b) all payments will be processed through UCMC’s third party payment processor; and (c) all processed donations are final and non-refundable.
Section 10: Physician Information
Please understand that the physicians, physician assistants, and nurse practitioners whose information is available on the Digital Services may not be agents or employees of UCMC. Although we have obtained the information provided on this website concerning physicians (including specialty, credentials and training) from sources believed to be reliable and accurate, we can make no guarantee or warranty as to the accuracy, timeliness, or completeness of that information.
Section 11: Disclaimer of Warranties
You understand and agree that we do not provide any warranty with respect to the Digital Services.
Specifically, you expressly acknowledge and agree that, unless expressly otherwise stated by us and except where prohibited by applicable law:
- The Digital Services and all Content (except for Health Care Services) are provided “as is” and “as available.”
- To the fullest extent permissible pursuant to applicable law, UCMC disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, with respect to the Digital Services and all Content. Without limiting the generality of the foregoing, UCMC does not warrant that the Digital Services and all Content will be uninterrupted or error free, or that: (a) any defect or error will be corrected, or that the Digital Services and all Content will be secure and free of viruses or other harmful components; (b) any information provided on the Digital Services will be current or accurate; (c) a particular product, service or provider you see on the Digital Services will be available to you; and (d) you have not relied on any such warranty of any kind.
- Your use of the Digital Services and all Content is entirely at your own risk.
Some states may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. But, to the extent permitted by applicable law, we exclude all warranties.
Section 12: Limitations of Liability Related to the Operation and Use of Digital Services
Unless expressly otherwise stated by us and except where, and only to the extent, prohibited by applicable law:
- In no event shall UCMC or any of its affiliates or any of its or their respective officers, directors, employees, agents, contractors, and other representatives (collectively, “UCMC Parties”) be liable to you (whether under contract, tort, negligence, strict liability, warranty, or any other legal or equitable theory) for any indirect, incidental, exemplary, speculative, punitive, consequential, or other special categories of damages (including, loss of use, data or information of any kind) in any way arising out of or related to the operation, or your use, of the Digital Services or any Content, even if any UCMC Parties have been advised of the possibility of such loss or damages.
- To the fullest extent permitted by applicable law, you understand and agree that the UCMC Parties’ maximum aggregate liability for any type of damages in any way arising out of or related to the operation, or your use, of the Digital Services or any Content hereunder shall be limited to (a) the total fees paid by you to access or use the Digital Services during the three (3) months preceding the event giving rise to the liability or (b) if no fees are payable by you for such period, $100 (one hundred U.S. dollars).
You further agree that the limitations of liability set forth above will survive any expiration or other termination of these Terms and will apply even if any limited remedy specified herein is found to have failed its essential purpose. Applicable law may not allow the limitation or exclusion of liability or certain measures of damages. Accordingly, the exclusions and limitations set forth above may not apply in their entirety to you. You agree, however, that our liability, and recoverable damages, will be limited to the maximum extent permitted by law.
You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that UCMC would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
Section 13: Release for Operation and Use of the Digital Services
To the fullest extent permitted by applicable law, you release UCMC and the other UCMC Parties from responsibility, liability, claims, demands, and/or damages of every kind and nature, in any way arising out of or related to the operation, or your use, of the Digital Services or any Content that in any way arise out of or related to the acts or omissions of third parties (“Third Party Disputes”).
If you are a California resident, you hereby waive any rights you may have arising out of these Terms under California Civil Code Section 1542, which says “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”
You also waive any rights you may have with respect to Third Party Disputes under any other law, including common law principles, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Section 14: Indemnification
You will defend, indemnify, and hold harmless the UCMC Parties from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
- Your access to or use of the Digital Services or Content;
- Your User Content and/or User Feedback;
- Your violation of any of the provisions of these Terms;
- Any activity related to registration by you or any other person accessing the Digital Services through your MyChart Account, including negligent or wrongful conduct; or
- Your violation of any third party right, including any intellectual property right, publicity, confidentiality, property, or privacy right.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Section 15: Dispute Resolution
Please read the following sections carefully because they limit the manner in which you can seek relief from us related to certain disputes, claims, suits, actions, causes of action, demands, or proceedings against any UCMC Parties that in any way arise out of or relate to the operation, or your use, of the Digital Services or Content (except for disputes that arise from Health Care Services) (“Disputes”). For the avoidance of doubt, “Disputes” under this section does not include disputes, claims, suits, actions, causes of action, demands, or proceedings that arise out of the actual provision of health care by a Provider (i.e., Health Care Services), even if the Dispute involves Digital Services.
If any term, clause, or provision of this Section 15 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this section will remain valid and enforceable. Further, the waivers set forth in this section are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
A. Waiver of Right to Pursue Class Action Claims
You and UCMC agree that each may bring claims or otherwise resolve Disputes against the other party only on an individual basis, and you waive any right to pursue any claims as a plaintiff of class member in any purported class or representative action or proceeding, whether on behalf of you or any other individual or group of individuals.
B. Limitation on Time to Bring an Action
You agree that regardless of any law to the contrary, any Dispute brought by you must be filed within one (1) year after such claim or cause of action arose, and that thereafter such claim or cause of action will forever be barred.
C. Dispute Resolution; Waiver of Jury Trial
By agreeing to these Terms, both you and UCMC are waiving the right to a jury trial on Disputes that may arise.
You and UCMC agree that each party will notify the other party in writing of any Dispute within thirty (30) days of the date it arises so that the parties can attempt in good faith to resolve the Dispute informally. Notice to UCMC shall be sent by certified mail or courier to:
The University of Chicago Medicine
Office of Legal Affairs
5841 S Maryland
Chicago, Illinois 60637
Your notice must include (a) your name, postal address, telephone number, the email address you use or used to create any account (such as a MyChart Account) and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 17 of these Terms and will include (x) our name, postal address, telephone number, and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and UCMC cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the receiving party, then either you or UCMC may, as appropriate and in accordance with this section, commence a formal proceeding.
Section 16: International Users
Section 17: Receipt of Electronic Communications
If you have a MyChart Account, you were required to provide us with a valid email address as part of activating your MyChart Account. By creating a MyChart Account, you consent to receive electronic communications from us (e.g., via email, text message, MyChart direct messages, or by posting notices to the Digital Services). These communications may include operational and other informational notices about your MyChart Account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
In addition, even if you do not have a MyChart Account, UCMC provides you opportunities to receive informational and promotional communications via email, text message, calls made with a prerecorded voice or artificial voice, or calls or text messages made via automated telephone dialing system. These communications may include your Protected Health Information. When permitted by applicable statutes, regulations, and other laws, we may send you informational and promotional communications via email, text message, and phone call, including texts and calls using an automated telephone dialing system or a prerecorded or artificial voice. These communications may include newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these communications at any time by following the unsubscribe instructions provided in the communications.
You understand that email and text messages may be unencrypted and carry some risk that the information in the messages could be read by an unauthorized person. Accordingly, if you provide your mobile phone number or email address to us, UCMC cannot guarantee the security and confidentiality of the email or text messages that we send to you. You agree that we are not responsible for any unauthorized access that occurs during or after the transmission of the email or text messages to you.
Section 18: Termination
Either you or we may terminate our relationship with regard to the Digital Services at any time, with or without cause. In addition, we may deactivate, terminate, or suspend your any account you create (including your MyChart Account) at any time: (a) if we, in our sole discretion, determine that you are or have been in violation of these Terms; (b) if we, in our sole discretion, determine that you have created risk or possible legal exposure for us; (c) in response to requests by law enforcement or other government agencies; (d) upon discontinuance or material modification of the Digital Services; or (e) due to unexpected technical issues or problems. We may also stop providing the Digital Services or create limits on use of the Digital Services (in each case, whether specifically to you or generally).
These Terms automatically terminate when you fail to comply or if we reasonably believe that you have not complied with any term or condition of them. Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.
Section 18: Governing Law
You and UCMC agree that these Terms and any Dispute between you and UCMC relating to your use of the Digital Services will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict-of-laws provisions. You and UCMC each agree that any Dispute between you and UCMC that cannot be heard in small claims court, shall be resolved on an individual basis exclusively in the U.S. District Court for the Northern District of Illinois, or the state courts located in Cook County, Illinois. You and UCMC each consent to the personal jurisdiction of these courts and waive any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and UCMC agree that UCMC may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Section 19: Changes to these Terms
We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Digital Services. Your continued use of our Digital Services will constitute your agreement to the changes we have made. If we make material changes, we will post the amended Terms to our Digital Services and update the “Effective Date” above. We may also notify you by sending an email notification to the address you provided to us or providing notice through our Digital Services. Revisions are effective and binding when posted on the Digital Services.
Section 20: General Legal Terms
You and UCMC further agree to be bound by the following general terms:
- These Terms, along with any additional terms and conditions incorporated herein, constitute the entire understanding by and between you and UCMC with respect to the matters contained herein.
- Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us.
- Except as described in Section 19, these Terms may not be amended unless in writing by us.
- If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
- These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns.
- You must not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. We may assign or delegate any of our rights and obligations under these Terms.
- A printed version of these Terms and of any related notice given in electronic form shall be admissible in arbitral, judicial, or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- You agree that we may send you notice via email to the email address you have provided, and we are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. You also agree that we may send you notice through the Digital Services or your MyChart Account.
- Headings and captions are for convenience only.
- Use of the term “including” shall construed without any limitation.
Section 21: Contact Us
If you have any questions about Services or these Terms, please contact us:
The University of Chicago Medicine
5841 S Maryland
Chicago, Illinois 60637