Ask a Specialist Program

PHYSICIAN PARTICIPATION AND
TERMS AND CONDITIONS OF USE AGREEMENT

The following terms and conditions govern you or your ("Physician User") access to and use of Ask a Specialist (the "Application"). Physician User must agree to be bound by these terms ("Agreement") in order to access and use the Application.

1. Participation. THE PHYSICIAN USER AGREES THAT HE/SHE WILL NOT SEND CONFIDENTIAL OR PROTECTIVE HEALTH INFORMATION THROUGH THE ASK A SPECIALIST EMAIL. PARTICIPATION IS PURELY VOLUNTARY AND A PHYSICIAN USER MAY WITHDRAW PARTICIPATION ANYTIME WITHOUT NOTICE. THE INFORMATION PROVIDED IS FOR EDUCATIONAL & INFORMATIONAL PURPOSES ONLY & THE PHYSICIAN USER AGREES THAT HE/SHE WILL NOT RELY ON THIS INFORMATION TO PROVIDE CARE TO A PATIENT. THE PHYSICIAN USER AGREES THAT HE/SHE IS SOLELY RESPONSIBLE TO PROVIDE & DIRECT CARE FOR PATIENTS. PHYSICIAN USER RECOGNIZES THAT THE INFORMATION POSTED ON ASK A SPECIALIST IS CURRENT AS OF THE DATE OF THE RESPONSE. THE PHYSICIAN USER RECOGNIZES THAT THERE MAY HAVE BEEN CHANGES IN INFORMATION AND STANDARDS THAT OCCURRED AFTER THE DATE OF THE RESPONSE. PHYSICIAN USER ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTAND THE ABOVE TERMS AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT.
2. Content. The Application is owned and operated by Nationwide Children's Hospital ("Nationwide Children's"). All Application content, including, without limitation, all text, graphics, audio, video, logos, trademarks, icons, images, software, HTML code and scripts (collectively, the "Application Content"), and the collection, arrangement and assembly of the Application Content, is the property of Nationwide Children's and its licensors, and is protected by copyright law and other U.S. and international laws and treaties. Physician User is granted no right, title or interest in or to the Application Content other than the limited license expressly set forth in these Terms and Conditions of Use. Physician User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Application Content, or any portion thereof, without the express permission of Nationwide Children's.
3. Use of Application Content. The Application, including all Application Content, is provided to Physician User as a tool. Subject to these Terms and Conditions of Use, Physician User is hereby granted a non-exclusive, non-transferable, limited license to access and use the Application and the Application Content for solely your own, non-commercial purposes.
4. Restrictions on Use of the Application or Application Content. No commercial use of the Application or the Application Content is permitted. Physician User may print copies of the Application Content for your personal use only, and any other copying or reproduction of the Application Content is strictly prohibited. All copyright and other proprietary rights notices must be reproduced in full on any copy of the Application Content Physician User makes. No right, title or interest in or to the Application or any of the Application Content is conveyed to Physician User. All rights not expressly granted are reserved by Nationwide Children's and its licensors. This limited license may be revoked at any time for any reason or no reason.
5. Trademarks. All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, "Marks") contained in the Application are expressly reserved by Nationwide Children's and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to Physician User under these Terms and Conditions of Use or by virtue of your use of the Application.
6. Links. The Application may include links to websites. These links are provided for your convenience and in no way signify any endorsement of any such websites or the content thereof. Access to any such linked website is at your own risk, and Nationwide Children's will not have any liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, or any goods or services, available on or through any such website.
7. Your Information; Privacy. Physician User expressly acknowledge that Physician User is solely responsible if the device on which the Application is loaded is lost, stolen, or otherwise accessed without your permission and that neither Nationwide Children's nor its employees or contractors will be liable for access to Information under such circumstances.
8. Disclaimers. Physician User expressly acknowledges and agrees that the Application and the Application Content are not a substitute for professional medical advice, diagnosis or treatment. The information contained in the Application is not necessarily applicable to Physician User's circumstances and should not be relied upon for purposes of diagnosing or treating any medical condition. Nationwide Children's does not warrant or guarantee the accuracy or completeness of the Application Content or represent that the Application or the Application Content is error-free. THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE EXTENT THAT PHYSICIAN USER SUBMITS ANY INFORMATION OVER THE INTERNET, PHYSICIAN USER EXPRESSLY ACKNOWLEDGES THAT PHYSICIAN USER ASSUMES ALL RESPONSIBILITY RELATED TO THE SECURITY, PRIVACY, AND CONFIDENTIALITY RISKS INHERENT IN SENDING ANY CONTENT OVER THE INTERNET. NATIONWIDE CHILDREN'S DOES NOT WARRANT ANY SAFEGUARD AGAINST THE INTERCEPTION OR OTHER COMPROMISES TO INFORMATION PHYSICIAN USER SENDS OVER AN INTERNET CONNECTION.
9. Limitation of Liability/Waiver. PHYSICIAN USER'S USE OF THE APPLICATION IS AT YOUR OWN RISK. NATIONWIDE CHILDREN'S SHALL NOT BE LIABLE FOR, AND PHYSICIAN USER HEREBY FOREVER RELEASES, WAIVES, AND COVENANTS NOT TO SUE NATIONWIDE CHILDREN'S FOR, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (I) YOUR USE OR MISUSE OF THE APPLICATION OR THE APPLICATION CONTENT; (II) YOUR INABILITY TO ACCESS OR USE THE APPLICATION OR THE APPLICATION CONTENT; (III) ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED TO THE APPLICATION; (IV) ANY COMMUNICATIONS OR SERVICES PROVIDED BY THE APPLICATION; OR (V) ANY ACCESS TO YOUR INFORMATION IF THE DEVICE ON WHICH THE APPLICATION IS LOADED IS LOST, STOLEN, OR OTHERWISE ACCESSED WITHOUT YOUR PERMISSION.
10. Severability. If any term, condition, or provision in these Terms and Conditions of Use is found to be invalid, unlawful, or unenforceable to any extent, the parties will endeavor in good faith to agree to amendments that will preserve, as far as possible, the intentions expressed herein. If the parties fail to agree on an amendment, the invalid term, condition, or provision will be severed from the remaining terms, conditions, and provisions of this Agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.
11. Changes; Termination. At any time and without notice to Physician User, Nationwide Children's may change or modify the Application, or any features or functions thereof, or may suspend or discontinue the Application, or stop supporting the Application, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to Physician User.
12. Modified Terms. This Agreement may be modified at any time and without notice to Physician User. Your continued use of the Application after any such changes to this Agreement are made available through the Application will constitute your acceptance of those changes.
13. Governing Law. This Agreement is governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles, and Physician User agrees to be bound and shall be subject to the exclusive jurisdiction of the local, state or federal courts located in Franklin County, Ohio.