Effective Date: January 5, 2022
You must accept these Terms to access and use the Services. By using the Services, you confirm that you understand and agree to the provisions contained in these Terms. If you do not understand these Terms, please contact us using the information below.
Notices of Revisions, Changes and Updates
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Ironwood Physicians, P.C. content, Services or any portion thereof (including any software or mobile applications), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ironwood Physicians, P.C. or its licensors, except for the licenses and rights expressly granted in these Terms.
All trademarks, trade names, and logos appearing on or through the Services (the “Ironwood Physicians, P.C. Trademarks”) are owned by us or licensed by us. You may not use or display any Ironwood Physicians, P.C. Trademarks in any manner without our prior written permission. We reserve all rights.
Third party links and services
We provide links to third party websites operated by organizations not affiliated with Ironwood Physicians, P.C. Ironwood Physicians, P.C. does not review or endorse, and is not responsible for, the practices of these organizations. We encourage you to read the terms and conditions and privacy statements of each and every website that you visit.
Copyright, Content and Conduct Rules
The Website may contain proprietary content of Ironwood Physicians, P.C. that is protected by copyright and other laws respecting proprietary rights. Ironwood Physicians, P.C. retains all rights in the Website services, including (without limitation) all copyright and other proprietary rights worldwide in all media. By posting content to the Website, you hereby grant Ironwood Physicians, P.C. a perpetual, exclusive, unrestricted, non-revocable, royalty-free license to use, print, publish, sell, copy, distribute, make derivative works of, and license others to use the content in any form or medium, now or hereafter existing, or in any language, during the full term of the copyright therein and throughout the world without any duty to compensate you. The rights you grant us in this Section include the right to interview any of my physicians and to use, publish and copyright, in any and all media, advertising and promotion, information from such interviews. Ironwood Physicians, P.C. does not owe you any royalty or other amount and will never owe related to the use of Your Content.
You are responsible for Your Content. You represent and warrant that Your Content or that you have all rights necessary to grant us the license, releases and waivers with respect to the Ironwood Physicians, P.C. use of Your Content as described in these Terms. If you have not yet signed or entered into a Photo/Video/Testimonial release form with the Ironwood Physicians, P.C. for the sharing of Your Content, you will promptly do so or will be deemed to have do so by virtue of your acceptance of these Terms and sharing of Your Content to and/or via the Services.
You represent and warrant that Your Content, the use and provision of Your Content on the Services, and your use of the Services will not (1) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (2) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (3) be fraudulent, false, misleading, or deceptive; (4) be defamatory, obscene, pornographic, vulgar, or offensive; (5) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (6) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (7) promote illegal or harmful activities or substances.
You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or to use any account to impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.
You acknowledge that you have no right to inspect or approve of any printed matter that may be used in connection with Your Content, and that the matter and materials in which Your Content are used may be modified, edited or combined with other materials at the Ironwood Physicians, P.C. ’ sole discretion. We may, in our sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Services. You understand and consent to the possibility that any of Your Content may become distorted in character and/or form.
You, on behalf of yourself, your heirs, executors and administrators, hereby forever waive, release, discharge and agree to hold harmless the Ironwood Physicians, P.C. and its producers and photographers or videographers, and their respective officers, directors, employees, agents, successors and assigns and anyone authorized by any of them, including any person or firm publishing and/or distributing the finished product, from any and all losses, damages, costs, expenses, rights, claims, demands, liability and actions, which may result from any use of the advertising or other materials incorporating or relating to Your Content, including any distortion of likeness that may occur in the taking, processing, reproduction, publication or distribution of such photographs or videos, including without limitation any claim for libel, slander, defamation, invasion of right or privacy/publicity, false light or any other claim arising from or relating to the exercise of rights granted the foregoing Sections.
Our Privacy Practices
Note to minors and international users
These Website Services Are Not a Substitute for Medical Advice
These website services are not an attempt to practice medicine or provide specific medical advice, nor does that use of the services constitute the provision of treatment to a user or establish a doctor-patient relationship between you and any physician affiliated with Ironwood Physicians, P.C. You should always consult your own physician, lawyer or other professional advisers for medical, legal or other professional advice. These website services are provided to educate consumers on health care and medical issues that may affect their daily lives
Communicating with you
As part of your use of the Services, you may receive notifications, text messages, calls, alerts, emails, and other electronic communications that are automatically dialed or pre-recorded. We and our partners and affiliates may need or want to send you certain communications, such as marketing communications, service announcements, and administrative messages. We may obtain additional, separate consents from you for such communications.
You consent to receive such communications and agree that any such communications that we send to you shall be legally effective when sent. You agree that any notices sent by us by email satisfy any requirement that the notices be provided in writing. If you do not agree, do not accept this Agreement. You may have the right to withdraw your consent to receiving certain electronic communications, and, when required by law, we will provide you with paper copies of all documents and records upon request. If you withdraw your consent, we reserve the right to terminate our agreements with you. To receive or access the notices we send via email, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in Portable Document format (“PDF”). To retain the notices we send you, your device or computer must have the ability to download and store electronic communications, including PDF files. By accepting these terms, you verify that you are able to receive, access, and retain the notices we may send. You may change your email address for notification purposes at any time by contacting our office.
You are responsible for any messaging or data fees you may be charged by your wireless carrier.
CareSpace portal and online bill pay
The CareSpace Portal and Online Bill Pay Portal (“Patient Portals”) are for use by current or former patients only. Please see our Notices of Privacy Practices for additional information regarding your use of the Patient Portals.
Dispute resolution (agreement to arbitrate)
Any dispute or claim relating in any way to your access to and use of the Website Services will be resolved by binding arbitration, rather than trial by jury, except that you may make claims in small claims court if your claims qualify and we may bring suit in court to enjoin infringement or other misuse of our intellectual property rights or to protect the privacy rights of another individual.
Waiver of Right to Trial
You are agreeing to waive your right to trial by jury, and we are agreeing to waive our right to trial by jury (except to the extent expressly stated in the “Binding Arbitration” provision above).
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms as a court would.