WebMD Connect Consumer Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES OR OUR SITE.

The WebMD Connect Services (as defined below) are provided to you subject to the following WebMD Connect Terms of Use, which may be updated by WebMD LLC ("we," "us," "WebMD" or "WebMD Connect") from time to time with or without notice to you. You will always be able to view the most current version of the WebMD Connect Terms of Use by clicking on a link on the bottom of any WebMD Connect page.

By using the WebMD Connect Services, you agree to these WebMD Connect Terms of Use. If you do not agree to all of these WebMD Connect Terms of Use, do not use the WebMD Connect Services.

WebMD Connect Services

"WebMD Connect Services" means the WebMD Connect website (the "Site") and the services facilitating communications between patients and health care providers provided through WebMD Connect.

WebMD Connect Does Not Provide Medical Advice

If you think you may have a medical emergency, call your doctor or 911 immediately. Do not wait for a response from your doctor through WebMD Connect.

The WebMD Connect Services are provided for communications purposes only. WebMD does not provide medical advice. WebMD is not responsible for and does not monitor the content of communications between you and your health care provider. You assume full responsibility for the communications with any health care provider through WebMD Connect.

WebMD assumes no responsibility or liability for and does not recommend or endorse any advice, treatment, products, services or other information rendered or communicated by any health care provider or practice. The inclusion of a health care provider or practice in WebMD Connect is not an endorsement of any such health care provider or practice by WebMD or any of its affiliates.

Communications With Your Health care Provider

A health care provider must be registered with WebMD Connect in order for you to communicate with him or her through the WebMD Connect Services.

WebMD does not guarantee the delivery of messages or response times by health care providers to messages or appointment requests. If you have not received a response to a message from your health care provider within your expected timeframe, please call your health care provider.

Additionally, WebMD is not responsible for the scheduling of appointments or appointment policies of health care providers. If you have questions or concerns regarding appointments or appointment policies, please contact your health care provider directly.

You are prohibited from using the WebMD Connect Services to (i) violate any local, state, national or international laws, (ii) include in messages material that infringes on the intellectual property rights or others or on the privacy rights of others, (iii) include in messages material that is misleading, false, unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, (iv) include in messages advertisements or solicitations of business; or (v) distribute viruses or other harmful computer code.

Your Account

When registering for the WebMD Connect Services on the Site, you will establish a personal WebMD Connect account with your own unique password. You agree to maintain the security of your user identification, password and other confidential information relating to the use of your WebMD Connect account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your WebMD passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of passwords; (2) authorize, monitor, and control access to and use of your WebMD Connect account and password; (3) promptly inform WebMD of any need to deactivate a password. You grant WebMD and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the WebMD Connect Services. WebMD cannot and does not assume any responsibility or liability for any information you submit or your or third parties' use or misuse of information transmitted or received using WebMD Connect Services.

You will also be required to register for webmd.com. Your use of webmd.com are governed by the webmd.com Terms of Use and Privacy Policy.

Termination and Modification of Services

You agree that WebMD may, discontinue, temporarily or permanently, the WebMD Connect Services (or any part thereof), or your access to the WebMD Connect Services. We retain the right to block or otherwise prevent delivery of any type of communication through the WebMD Connect Services. You agree that all terminations shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account or access to the WebMD Connect Services or any portion thereof.

You may terminate your connection with a health care provider on the Site by clicking on the "Remove provider from list" link.

You may cancel your WebMD Connect account at any time by contacting WebMD Customer Services using the contact information below.

If your WebMD Connect Services are terminated, we may permanently delete your messages and other data from our systems as set forth in the WebMD Connect Privacy Policy. We have no obligation to return data to you after termination of your WebMD Connect Services. If your WebMD Connect Services are terminated, messages that you have sent through WebMD Connect to your health care provider may remain in your health care provider’s WebMD Connect account or on your health care provider’s own system.

You may print messages in the WebMD Connect Services at any time prior to the termination of your WebMD Connect Services by selecting the applicable message and using the print function on your browser.

Liability of WebMD and Its Licensors

The use of the Site, WebMD Connect Services and the content of any messages received from your health care provider is at your own risk.

When using the WebMD Connect Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of WebMD. Accordingly, WebMD assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the WebMD Connect Services.

The Site and the WebMD Connect Services are provided on an "AS IS" basis. WEBMD AND ITS LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, WebMD, its licensors make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, usefulness, adequacy, suitability, currentness, or timeliness of the communications provided through the use of the WebMD Connect Services; and
  2. That data flowing to and from the Site or WebMD (regardless of the means) will not be delayed, interrupted or experience losses of data, or that files available for downloading from the Site, if applicable, will be free of infection by viruses, worms, Trojan horses or other code with destructive properties.

In no event shall WebMD, its licensors, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the WebMD Connect Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not WebMD is advised of the possibility of such damages. WebMD shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. WebMD is not liable for any personal injury, including death, caused by your use or misuse of the Site or the WebMD Connect Services. Any claims arising in connection with your use of the Site or the WebMD Connect Services must be brought within one (1) year of the date such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Indemnification

You agree to defend, indemnify and hold harmless WebMD, and its parent, subsidiaries, affiliates and respective officers, directors, employees, agents, licensors, and contractors from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use, any content you provide in connection with the WebMD Connect Services or your use of the WebMD Connect Services.

Proprietary Rights

You acknowledge and agree that the WebMD Connect Services and the information and software presented to you through the WebMD Connect Services or used in connection with the WebMD Connect Services contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws. Except with respect to communications that you send to or receive from your healthcare provider or as expressly authorized by us or our licensors, you agree not to sell, rewrite, modify, reproduce, redistribute, create derivative works, or rent any information presented to you through the WebMD Connect Services, in whole or in part.

Notice

When you register on the Site for WebMD Connect Services, you agree to keep your contact information, such as email address, accurate and up-to-date so that we can contact you regarding our policies. Failure to have accurate contact information may affect our ability to provide you notice.

General

WebMD is based in New York, New York in the United States of America with its principal offices in New York, New York. If you access the Site and the WebMD Connect Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability, Indemnity, General, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with WebMD, or in any way relating to your use of the Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving WebMD, its parent, subsidiaries and affiliates, licensors and suppliers, and their directors, officers, employees, agents and contractors.

These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these 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, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the Site, these Terms of Use and the WebMD Privacy Policy constitute the entire agreement between you and WebMD with respect to the use of the WebMD Connect Services.

Questions or Comments; WebMD Customer Service Contact Information

Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to WebMD Connect Services at:

WebMD Messenger
Attn: Customer Service
705 5th Ave South, Suite 810
Seattle, WA 98104

We try to answer every email in a timely manner but are not always able to do so.

Last updated: May 6, 2016
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