Mount Sinai Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE

These terms and conditions of use are a legal agreement (these “Terms”) between you and Icahn School of Medicine at Mount Sinai, with offices at One Gustave L. Levy Place, New York, NY 10029 (“MOUNT SINAI” or “we”, “us” or “our”), establishing terms and conditions under which you may access and use the services and features available on MOUNT SINAI’s website located at mountsinaihealth.org as well as all other websites owned, operated, licensed, or controlled by MOUNT SINAI, and certain affiliate websites that are hyperlinked to the foregoing (collectively, the “Websites”). These Terms also apply to all mobile applications offered under the MOUNT SINAI name that do not have separate terms of service or that link to these Terms (the “Apps”). Collectively, the Websites and Apps are referred to in these Terms as the “Services.”

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

By using the Services, you hereby represent and warrant that: (1) you are an individual of at least eighteen (18) years of age; (2) you have the legal power and authority to agree to, and be bound by, these Terms; (3) if you have provided information to us in connection with your use of the Services, such information is true and accurate.

We may revise and update these Terms at any time and without notice. Your continued use of the Services will constitute your acceptance of these changes and the current version of these Terms.

VIRTUAL CARE SERVICES

The Services make available to you certain virtual care services, including virtual consultations and other electronic communications with physicians and other health care providers (the “Virtual Care Services”). Delivering the Virtual Care Services may involve using remote electronic communications (both synchronous and asynchronous), such as messaging, interactive chat, audio, and/or video communications, to enable healthcare providers at different locations to obtain and, where necessary, share individual patient medical information for the purpose of patient care.

By agreeing to these Terms in connection with using the Virtual Care Services, you acknowledge that you understand and agree that your medical information may be used for diagnosis, treatment, follow-up, and/or education, and that the provision of Virtual Care Services may include, but is not limited to: synchronous or asynchronous two-way messaging, interactive chat, audio, and/or video communications, each of which may be recorded, and the exchange of patient medical records, including medical test and/or imaging results, as well as medical information submitted by you prior to, during, or after the provision of any Virtual Care Services. You further understand and agree that medical personnel and non-medical technical personnel may virtually join your Virtual Care Services consultation(s) to aid in the delivery of medical care to you.

During the course of scheduling or participating in the Virtual Care Services, you may be requested or required to submit personal contact information and insurance coverage information for scheduling and billing purposes; information about symptoms, medical conditions, or other information relevant to patient care; and information about the devices you are using to access the Virtual Care Services. You may be also required to submit and/or confirm information regarding the state in which you and/or these devices are or will be located during your participation in the Virtual Care Services. By agreeing to these Terms, you acknowledge that you are responsible for ensuring the accuracy and completeness of information that you submit or provide in the course of accessing or using the Virtual Care Services, including by promptly updating relevant information (e.g., regarding your medical records or your location during your participation in the Virtual Care Services) in the event that such information changes. You acknowledge and certify that your access and use of the Virtual Care Services is conditioned upon the accuracy and completeness of the information you provide and that your provider relies upon this certification in interacting with you, as your provider may have no way of independently verifying the accuracy or completeness of certain information you provide.

By agreeing to these Terms in connection with using the Virtual Care Services, you further acknowledge that you understand and agree that: your use of the Virtual Care Services is voluntary on your part and that a variety of alternative methods of medical care may be available to you; you reserve the right to withhold or withdraw your consent to the use of Virtual Care Services in the course of your care at any time, without affecting your right to future care or treatment (including in-person services); the Virtual Care Services may involve electronic communication of your personal medical information to other medical practitioners, including those who may be located in states outside where you are located; your information may be shared with other individuals for scheduling, insurance, and billing purpose; and that applicable laws, rules, and regulations protect the privacy and the confidentiality of medical information during the course of the Virtual Care Services.

By using the Virtual Care Services, you acknowledge the potential risks and limitations associated with Virtual Care Services, including, but not limited, to the following:

Providers virtually consulting with you may not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Information transmitted remotely may not be sufficient to allow for appropriate medical or health-care decision-making by the provider;
Delays in evaluation or treatment, or the loss of information, could occur due to technical failures of electronic or web/cloud-based software or hardware in connection with the Virtual Care Services;
Providers utilizing the Virtual Care Services may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination; and
Although the electronic systems MOUNT SINAI uses incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail, and there could be a breach of privacy of your health information. The transmission of information via the internet is never completely secure. Although MOUNT SINAI takes commercially reasonable steps designed to protect your personal information, we cannot guarantee the security of your personal information transmitted to, or through, the Virtual Care Services. Any transmission of personal information is done at your own risk.

By using the Virtual Care Services, you acknowledge these potential risks and limitations, and you understand and agree to assume the risk of these limitations. Further, you agree that when using the Virtual Care Services: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the Virtual Care Services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a provider acting through the Virtual Care Services may not have important information that is usually obtained through an in-person physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease, or injury.

THE SERVICES DO NOT PROVIDE MEDICAL ADVICE

Except to the extent that you are using the Virtual Care Services for medical care, the information and content in the Services, including but not limited to text, graphics, images, videos, and other material contained in the Services is for informational purposes only and is not intended as a substitute for professional medical advice, help, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care, and never disregard professional medical advice or delay seeking it because of something you have read on or via the Services. Except to the extent that you are using the Virtual Care Services for medical care, nothing contained in the Services is intended to constitute a medical diagnosis or treatment oris intended as a recommendation or endorsement of any specific test, product, procedure, opinion, or other information that may be mentioned in the Services. Reliance on any information appearing in the Services, including but not limited to information provided by MOUNT SINAI personnel or by other users of the Services, is solely at your own risk.

MOUNT SINAI does not warrant the accuracy, completeness, timeliness or usefulness of the opinions, advice, content, services or other information provided through the Services or on the Internet generally. The Services may contain health or medical-related materials or information that you may find sexually explicit or otherwise offensive.

MOUNT SINAI and its affiliates, licensors, and suppliers have no control over and accept no responsibility for your compliance with the laws applicable to your country or state of residence.

INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS

MOUNT SINAI hereby grants you a personal, non-exclusive, non-transferable, limited, revocable right to use the Services for personal, non-commercial purposes only and in accordance with these Terms. You agree not to use the Services for any other purpose, including but not limited to any commercial purpose, without the prior written consent of MOUNT SINAI. For example, you may not (and may not direct or authorize any other party to), (1) co-brand any Website, App, or any portion thereof, (2) frame any Website or any portion thereof (whereby the Website will appear on the same screen with a portion of another website), or (3) link any Website to any other website. "Co-brand" means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user of the Services the impression that such party has the right to display, publish, or distribute the Services or any content accessible within the Services. You agree to cooperate with MOUNT SINAI in causing any unauthorized co-branding, framing or linking immediately to cease.

The material and content accessible within the Services and any other website or mobile application owned, operated, licensed, or controlled by MOUNT SINAI (collectively, the "Content") is the intellectual property and proprietary information of MOUNT SINAI or the party that provided the Content to MOUNT SINAI (as applicable). All title to, ownership of, and rights in and to such Consent is, and at all times shall remain, the sole and exclusive property of MOUNT SINAI and its content providers (as the case may be). Accordingly, you may not copy, distribute, republish, upload, post, transmit, or create derivative works of the Content in any way without the prior written consent of MOUNT SINAI, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause or direct to be removed or altered, any copyright, trademark, service mark, trade name, or any other proprietary notice or legend appearing on the Services or on any of the Content.

You may not use any MOUNT SINAI names or trademarks in any advertising or publicity, or otherwise to indicate or imply sponsorship of or affiliation with any product or service, without the prior written consent of MOUNT SINAI.

The Services may contain hyperlinks, directly or by means of search results, to other websites that are not maintained by, or affiliated with, MOUNT SINAI. Hyperlinks to such third-party websites are provided as a service to users and are not sponsored by or affiliated with the Services or with MOUNT SINAI. MOUNT SINAI has not reviewed any or all of such websites and is not responsible for the content of those websites. Hyperlinks are to be accessed at your own risk, and MOUNT SINAI makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to the Services. Further, the inclusion of any hyperlink to a third-party website does not necessarily imply endorsement by MOUNT SINAI of that website or the material or content contained therein.

ADDITIONAL LICENSE TERMS THAT APPLY TO THE APPS

The Apps are licensed, not sold, to you. Your license to each App that you download or obtain through the Apple App Store, the Google Play Store, or other mobile application storefront, portal, or provider, is subject to your prior acceptance of these Terms.

The license granted to you herein by MOUNT SINAI for the Apps is limited to a non-transferable license to use the Apps on authorized devices. For example, iOS-based Apps may be used only on devices running iOS (including but not limited to iPad and iPhone) that you own or control. This license does not allow you to use the Apps on any device that you do not own or control, and you may not distribute or make any App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Apps and, if you sell your device to a third party, you must remove the Apps from the device before doing so. You may not copy (except as expressly permitted by this license), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Apps, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of MOUNT SINAI and its licensors. If you breach this restriction, you may be subject to prosecution and damages.

The terms of this license will govern any upgrades provided by MOUNT SINAI that replace and/or supplement the original Apps, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

The license is effective until terminated by you or MOUNT SINAI. Your rights under this license will terminate automatically without notice from MOUNT SINAI if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Apps and destroy all copies, full or partial, of the Apps.

Location data provided by the Apps is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed, or incomplete location data may lead to death, personal injury, property, or environmental damage.

You may not use or otherwise export or re-export the Apps except as authorized by United States law. In particular, but without limitation, the Apps may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Apps, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Apps for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

The Apps and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

CONSENT TO USE OF DATA

You agree that, consistent with our Privacy Policy, MOUNT SINAI may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services. MOUNT SINAI may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. For more information, please see our current Privacy Policy at https://www.mountsinai.org/privacy.

COMMUNICATION POLICY

In the event the following functionality exists on the Services, MOUNT SINAI reserves the right but is not obligated to do any or all of the following:

(a) Record the dialogue in any public chat rooms;

(b) Investigate any allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication;

(c) Remove any communication that in MOUNT SINAI’s sole discretion is abusive, illegal, disruptive, or otherwise fails to comply with these Terms;

(d) Terminate your access to the Services or any area thereof upon any breach of these Terms;

(e) Monitor, edit, or disclose any communication in the public areas; and

(f) Edit or delete any communication posted on the Services, regardless of whether such communication violates these standards.

SMS SHORT CODE TERMS OF SERVICE

When you opt-in to the service, we will send you a message to confirm your signup. Text START to 90846 to receive Mount Sinai Updates. Message and data rates may apply. Message frequency will vary. Text "HELP" for help. Text "STOP" to cancel.

You can cancel this service at any time. Text "STOP" to 90846. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.

If you want to join again, just sign up as you did the first time and we will start sending messages to you again.

If at any time you forget what keywords are supported, just text "HELP" to 90846. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

You acknowledge and understand that the account is un-monitored and intended for informational purposes only. If you have specific inquiries about your health, you should contact your personal health care provider. In case of emergency, please call 911. Inquiries sent to this account shall not receive responses.

Participating carriers: SouthernLinc, Bandwidth, Google Voice, Buffalo Wireless, Chariton Valley Cellular, Leaco, CableVision, Copper Valley, AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, CellCom USA, C Spire Wireless, U.S. Cellular, Pine Belt Wireless, ACS/Alaska, Atlantic Tele-Network International (ATN), Advantage Cellular (DTC Wireless), Appalachian Wireless, Bluegrass Cellular, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chat Mobility USA, Coral Wireless (Mobi PCS), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, Illinois Valley Cellular (IV Cellular), i Wireless (IOWA Wireless), Nex-Tech Wireless, MTA Communications, MTPCS (Cellular One Nation), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Inland Cellular Telephone Company, Immix(Keystone Wireless), Mosaic (Consolidated or CTC Telecom), Northwest Missourri Cellular Limited, Peoples Wireless, Panhandle Telecommunications Systems(PTCI), RINA, Revol Wireless USA, SI Wireless/Mobile Nation, SRT Wireless, Texas RSA 3 Ltd(Plateau Wireless), Thumb Cellular, United Wireless, Union Telephone Company(Union Wireless), Viaero Wireless, West Central Wireless (5 Star Wireless), Sagebrush Cellular (Nemont), Carolina West Wireless (CWW), Pine Cellular, Aio Wireless/Cricket.

T-Mobile is not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

For all questions about the services provided by this short code, you can visit https://www.mountsinai.org/about/contact or call us at 1-800-637-4624.

If you have any questions regarding privacy, please see our current privacy policy at https://www.mountsinai.org/privacy.

NO WARRANTY

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. MOUNT SINAI HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES. MOUNT SINAI DOES NOT WARRANT THAT THE CONTENT CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOUNT SINAI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT ON THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MOUNT SINAI MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. MOUNT SINAI MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT PROVIDED HEREIN.

BY ACCESSING THE SERVICES, YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SERVICES AND ANY PRODUCTS OR SERVICES DESCRIBED HEREIN.

LIMITATION OF LIABILITY

Under no circumstances shall MOUNT SINAI, or any of its directors, officers, affiliates, employees, agents, representatives, medical staff, successors, or assigns be liable to you or any other party for any punitive, special, incidental, indirect, or consequential damages whatsoever, however arising (including, without limitation, our negligence), including, without limitation, damages resulting from loss of use, data, sales, goodwill or profits, whether or not we have been advised of such possibility, or under any legal or equitable theory, in tort, in contract, at equity, or otherwise, arising out of or in connection with your use of the Services.

Your sole and exclusive remedy for dissatisfaction with the Services is to stop using the Services. All information is transmitted over a medium that is beyond the control and jurisdiction of MOUNT SINAI. Accordingly, MOUNT SINAI assumes no responsibility for, or relating to, delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services or other sites or services accessed via the Services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOUNT SINAI DISCLAIMS ANY AND ALL LIABILITIES OR OBLIGATIONS WHATSOEVER RELATED TO THE USE OF THE SERVICES BY ANYONE OTHER THAN YOU.

INDEMNITY

You shall indemnify and hold MOUNT SINAI, its directors, officers, affiliates, employees, agents, representatives, medical staff, successors, and assigns (the "Indemnified Parties”) harmless from any breach by you of these Terms, including any use of the Services other than as expressly authorized in these Terms. You agree that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use.

GENERAL

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws principles.

These Terms can be modified by MOUNT SINAI at any time, and such modification shall be effective immediately upon posting. You agree to review these Terms periodically to be aware of such modification and your access or use of the Services shall be deemed your acceptance of the modified agreement.

PRIVACY

MOUNT SINAI is committed to respecting and protecting your privacy. Our current Privacy Policy is available at http://www.mountsinaihealth.org/privacy and is incorporated by reference herein.

Any questions or comments should be directed to webfeedback@mountsinai.org.