Terms of Service
Effective Date: 12/1/2022
PLEASE READ THE TERMS OF SERVICE (“TERMS”) CAREFULLY. BY ACCESSING OR USING THE SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS, CONDITIONS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.
IMPORTANT NOTE ON USE: LCAST is a screening tool, not a diagnostic tool. It is to be used only as a reference. THIS TOOL ONLY APPLIES TO CHILDREN LESS THAN 4 YEARS OF AGE. It does not establish a standard of care and is not designed or intended as a substitute for the independent judgment of a licensed healthcare professionals and providers, which should be applied based upon individual circumstances and clinical presentation of the patient and/or child presenting. THIS APPLICATION DOES NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE. SIMILARLY, THIS APPLICATION IS NOT A REPORTING TOOL AND DOES NOT REPORT ANY SCREENING RESULTS OR INFORMATION TO THIRD PARTIES. IF YOU DETERMINE THAT ANY INFORMATION MUST BE SHARED WITH THIRD PARTIES, YOU MUST DO SO DIRECTLY.
By agreeing to these Terms, you also agree to our Privacy Policy.
1. The “Services” include access to the LCAST mobile application, and its content, and related services we may provide from time-to-time in connection with the application.
2. Intended Users. The Services are directed solely to persons 18 years of age or older, located in the United States, and we do not knowingly gather information from visitors who are under 18 or located outside of the United States. The Services are intended for use by licensed healthcare professionals and providers.
3. Acceptance of Terms of Service. These Terms of Service (“Terms”) govern your (“you” “customer” or “user”) access to and use of our Services.
a. Lurie Children’s reserves the right to change, revise, update, or modify these Terms or any notices, policies, or guidelines incorporated herein at any time and in its sole discretion. Any changes or modifications will be effective as of the date stated at the top of these Terms immediately upon posting of the revisions on the Services. Your continued use of the Services following the posting of such changed or modified Terms will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and any applicable policies to understand the most current terms and conditions that apply to your use of the Service.
b. These Terms do not change in any way the terms or conditions of any prior written agreements you may have with Lurie Children’s separately, if any, on other matters.
4. Content. The content available through LCAST is the sole and exclusive property of Lurie Children’s and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Services other than as expressly authorized by Lurie Children’s in writing. Use of the Services in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.
5. Grant and Scope of License. In consideration of your acceptance to abide by the Terms, and subject to your compliance with these Terms, Lurie Children’s grants you a limited, non-exclusive, revocable license to personally use LCAST. This license shall remain in effect until and unless terminated by you, by deletion of the app from your mobile device, or by Lurie Children’s. You promise and agree that you will not redistribute, resell, or transfer the Services. You agree to abide by our Terms and not to use the Services or any part of it in any manner not expressly permitted by these Terms. Except for the rights expressly granted to you in these Terms, Lurie Children’s grants no right, title, or interest to you or any third party in the Services or the application. You shall not modify, lease, sell, distribute, or create derivative works of the content of the Services, unless otherwise specifically agreed in a separate agreement between you and Lurie Children’s. All LCAST software used in the Services are licensed, not sold, to you.
6. Not a FDA-regulated Medical Device. LCAST has not been approved by the FDA in the US, nor is it required to be approved by the FDA. There are types of mobile apps that could be used in a healthcare environment, in clinical care or patient management, but are not considered medical devices. Because these mobile apps are not considered medical devices, FDA does not regulate them. LCAST is intended to provide access to published, electronic “copies” (e.g., e-books, audio books) of clinical research or other reference materials relevant to child abuse. LCAST is not intended to be used in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease by facilitating a licensed healthcare professional’s and/or provider’s assessment of a specific patient, replacing the judgment of clinical personnel, or performing any clinical assessment. LCAST is intended for licensed healthcare professionals and/or providers to use as educational tool for medical training or to reinforce training previously received.
7. DISCLAIMER. THE SERVICES IS NOT A SUBSTITUTE FOR, AND DOES NOT PROVIDE, MEDICAL ADVICE OR DOES NOT CLAIM TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE, CONDITION, CIRCUMSTANCE OR ILLNESS. THE SERVICES AND THE INFORMATION IN LCAST ARE PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY WITH THE UNDERSTANDING THAT LURIE CHILDREN’S AND LCAST IS NOT ENGAGED IN RENDERING MEDICAL ADVICE OR RECOMMENDATION AND THE LCAST AND CONTENT THEREIN IS NOT A SUBSTITUTE FOR YOUR INDEPENDENT MEDICAL AND PROFESSIONAL JUDGMENT. ANY STATEMENTS IN LCAST HAVE NOT BEEN EVALUATED BY THE FDA. LCAST SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE, CONDITION, CIRCUMSTANCE OR ILLNESS.
8. Proprietary Rights. You acknowledge and agree that, as between Lurie Children’s and you, all right, title, and interest in and to LCAST, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Lurie Children’s or its licensors and are protected by United States intellectual property laws and other applicable laws. The trademarks, service marks, logos, slogans, trade names and trade dress used in LCAST and in our Services are proprietary to Lurie Children’s. Unauthorized use of any trademark contained within LCAST Services may be a violation of trademark laws. Any third-party names or trademarks referenced in LCAST do not constitute or imply affiliation, endorsement or recommendation by LCAST or of Lurie Children’s by the third parties.
9. Prohibited Actions. You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Lurie Children’s reserves the right to determine what types of conduct it considers to be inappropriate use of LCAST. In the case of inappropriate use, Lurie Children’s may take such measures as it determines appropriate in its sole discretion, including, without limitation, discontinuing your access to the Services. You agree that when using LCAST, you will not:
a. Use LCAST for any purpose or make any other actions in violation of local, state, national, or international laws or regulations.
b. Input identifiable individual information, such as a patient’s Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”).
c. Impersonate, falsification of identity, or misrepresent your affiliation with any person or entity (including, without limitation, Lurie Children’s).
d. Take any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure or otherwise in a manner that may adversely affect performance of LCAST or restrict or inhibit any other user from using and enjoying the Services.
e. Attempt to gain unauthorized access to Lurie Children’s servers or computer systems or to engage in any activity that disrupts, damages, disables, diminishes the quality of, interferes with the performance of, or impairs the functionality of, any part of the Services.
f. Aggregate, copy, duplicate, publish, or make available to third parties outside the app in any manner any of the LCAST content or any other materials or information available from the app.
g. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information within the Services.
h. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents.
i. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Services.
j. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
k. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
l. Engage in any other action that, in the judgment of Lurie Children’s, exposes it or any third party to potential liability or detriment of any type.
10. Links to Other Third-Party Content, Websites and Search Results. The Services may contain links to websites operated by other parties. The Services make these links to other websites available as a convenience, and your use of these resources or websites is at your own risk. The linked resources or websites are not under the control of Lurie Children’s and Lurie Children’s is not responsible for the content available on these third-party websites. Such links do not imply endorsement of information or material on any other website and Lurie Children’s disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that Lurie Children’s shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other website or resource.
11. Modifications to the Services. Lurie Children’s reserves the right at any time to modify, revise, update, and discontinue the Services (or any part thereof) with or without notice. From time to time your mobile device may automatically download and install updates from Lurie Children’s. You agree to receive such updates and permit Lurie Children’s to deliver these to you as part of your use of the Services.
12. Termination. These Terms will continue throughout your use of the Services, and will terminate by you upon cessation of use. Lurie Children’s may at any time, terminate its legal agreement and Accounts with you if you have breached any of these Terms; Lurie Children’s is required to do so by law; LCAST Services partner has terminated its relationship with Lurie Children’s or ceased to offer the Services to you; or Lurie Children’s is no longer providing the Services to users in your location. You acknowledge and agree that Lurie Children’s shall not be liable to you or any third party for its termination of this agreement, your account, or access to the Services. When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and Lurie Children’s have benefited from, been subject to, or that have accrued over time while these Terms have been in force or that were expressed to continue indefinitely, shall be unaffected by this termination, and shall continue to apply to such rights, obligations, and liabilities indefinitely. In case of violation of any one or more of these terms, representations, conditions, and policies, or Lurie Children’s has a reasonable ground to suspect that you have violated these Terms, you understand and agree that Lurie Children’s has the right to suspend or terminate your Account, refuse any and all current or future access to and use of the Services, and seek injunctive relief, monetary damages, and other remedies available in law and equity.
13. Limitation on Liability; Disclaimer of Warranties.
a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LURIE CHILDREN’S AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE IN CONNECTION WITH THE SERVICES. IN NO EVENT SHALL LURIE CHILDREN’S OR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF DATA OR LOST PROFITS, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF LURIE CHILDREN’S AND ITS RELATED PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE SERVICES SHALL NOT EXCEED $100 DOLLARS (U.S.).
b. THE APPLICATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABILITY” BASIS. LURIE CHILDREN’S, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS: (I) DO NOT WARRANT THAT THE APPLICATION OR SERVICES WILL BE RELIABLE, ACCURATE, ERROR-FREE OR UNINTERRUPTED; AND (II) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
14. Your Indemnity of Lurie Children’s. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS LURIE CHILDREN’S, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
15. Governing Law. These Terms and the resolution of any dispute related to these Terms, or the Services shall be governed by and construed in accordance with the laws of the State of Illinois, United States of America, without giving effect to that state’s principles of conflicts of laws. The federal and state courts of the State of Illinois shall have exclusive jurisdiction over all claims. Those who choose to access the Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Lurie Children’s does not represent that the Services are appropriate outside the United States of America.
16. Dispute Resolution. Any controversy or claim between the parties or arising out of these Terms or any use of the Services shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The selected arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency, or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such requests. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, videoconference, and other forms of real-time communications. If the arbitrator requires in-person hearings, the hearings shall be held in Chicago, Illinois, USA. The arbitral award will be final and binding and may be entered and enforced in any court of competent jurisdiction. In no event shall any claim, action or proceeding related in any way to the Services be instituted more than two (2) years after the cause of action arose.
17. Waiver of Jury Trials and Class Actions. BY ENTERING INTO THESE TERMS, YOU AND LURIE CHILDREN’S ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
18. Notices. Lurie Children’s may provide notices of changes to these Terms by displaying them on or through the Services. Any notices that you provide to us without compliance with this section on Notices shall have no legal effect. Unless otherwise specifically provided for, any official notices to LCAST related to these Terms must be sent to:
a. Submit via Email: legalservices@luriechildrens.org and
b. By Mail: Ann & Robert H. Lurie Children’s Hospital of Chicago, 225 E. Chicago Ave. Box #261, Chicago, IL 60611, ATTN: Chief Legal Officer
19. Relationship. You agree that no joint venture, partnership, employment, or agency relationship is created by these Terms between you and Lurie Children’s.
20. Waiver. No waiver of any term, provision, or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
21. Entire Agreement. These Terms, together with the Privacy Policy, constitute the complete and exclusive terms of the agreement between the parties with respect to the use of the Services, and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties with respect to the subject matter thereof. If any provision of the 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 shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Lurie Children’s, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms.
22. Feedback. If you have any feedback with respect to our Services, please direct them to our Customer Service by submitting a request via email TEN-4-FACESp@luriechildrens.org You agree that Lurie Children’s has the right, but not the obligation, to use any feedback you provide without further compensation or obligation to you. For avoidance of doubt, Lurie Children’s shall own any developments by us or on our behalf arising out of your feedback, comments, suggestions or other submissions. To the extent Lurie Children’s does not own such materials, you grant and agree to grant the Lurie Children’s a perpetual, irrevocable, non-exclusive, royalty-free license to utilize, create derivative works of, distribute and sublicense such materials for any purpose in connection with Lurie Children’s products, services and operations. You understand that all feedback you submit is non-confidential for all purposes, and you have no expectation of any review, compensation or consideration of any type for all submissions hereunder.
