The Iowa Clinic (TIC) Entity Terms & Conditions
If you feel this is a medical emergency, please go to the ER of a local hospital or dial 9-1-1 immediately.
Updated January 1, 2025
PLEASE READ THESE TERMS AND CONDITIONS (Terms) CAREFULLY. By accessing and using this and other websites and mobile applications of The Iowa Clinic and its subsidiaries and affiliates (collectively referred to as TIC, us, our, or we), including without limitation www.iowaclinic.com and other websites and mobile applications linking to these Terms (individually, the Site), you agree to be bound by these Terms. These Terms are between you (sometimes referred to as you or your) and TIC. Remember that your use of the Site is at all times subject to the TIC Privacy Policy, which incorporates these Terms. Print or download a copy of these Terms for your records.
We may revise and update these Terms from time to time without prior notice to you and will post the updated Terms to the Site. ANY CHANGES TO THESE TERMS WILL APPLY IMMEDIATELY UPON POSTING TO THE SITE. BY USING OR OTHERWISE ACCESSING THE SITES, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITES, YOU HEREBY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS AND ANY CHANGES TO THEM. IT IS YOUR OBLIGATION TO PERIODICALLY REVIEW THESE TERMS FOR SUCH CHANGES.
Emergency or Urgent Matters
The Site, nor any linked website through which you may communicate with a healthcare provider, should not be used for emergency or urgent matters. If you believe that you or another individual needs to speak to a healthcare provider on an urgent basis you should contact the healthcare provider directly by phone. FOR ALL MEDICAL EMERGENCIES AND URGENT MATTERS, PLEASE GO TO AN EMERGENCY ROOM OR DIAL 911 IMMEDIATELY. The Site should not be used for emergency or urgent medical situations. The Site is not a substitute for appropriate and timely contact with a healthcare provider.
No Medical Advice
UNLESS YOU ARE COMMUNICATING DIRECTLY WITH A HEALTHCARE PROVIDER THROUGH A LINKED WEBSITE, YOU AGREE THAT PROVISION OF ANY INFORMATION FROM ANY SITE DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS, OR TREATMENT. You are responsible for evaluating specific healthcare providers, treatments, information, content, products, and services that may be available through the Site. WE DO NOT MAKE ANY GUARANTEE ABOUT THE RELATIONSHIP BETWEEN YOU AND TIC OR ANY HEALTHCARE PROVIDER, OR WHETHER ANY INFORMATION, PRODUCTS, OR SERVICES YOU FIND ON THE SITE WILL HELP YOU ACHIEVE THE RESULT(S) YOU WANT.
INFORMATION CONTAINED IN THE SITE OR ANY SITE-RELATED SERVICE IS INTENDED TO BE INFORMATIONAL ONLY. THE INFORMATION SHOULD NOT BE CONSIDERED COMPLETE, NOR SHOULD IT BE RELIED ON AS A COURSE OF TREATMENT. UNLESS YOU COMMUNICATE DIRECTLY WITH A HEALTHCARE PROVIDER THROUGH A SITE, A SITE SHOULD NOT BE USED IN PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. INFORMATION INCLUDED IN THE SITE IS NOT EXHAUSTIVE AND DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT. ALWAYS CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE BEGINNING A NEW TREATMENT, DIET OR FITNESS PROGRAM. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ ON THE SITE.
THE SITE MAY CONTAIN MATERIALS WHICH YOU FIND SEXUALLY EXPLICIT OR OTHERWISE OFFENSIVE. TIC ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS, AND USE OF THE SITE IS AT YOUR OWN RISK.
Electronic Messaging
Through a linked website, you may be able to send electronic messages to a healthcare provider through. Messages you send or receive through such linked website may be made part of your medical record, or the medical record of the individual on whose behalf you are acting.
Access to Medical Information
The Site does not make medical information from your medical record, or a medical record of an individual on whose behalf you are acting, available to you. Through a linked website, you may be able to access such information. Information available through a linked website does not necessarily reflect the complete contents of the medical record. To obtain a complete copy of the medical record, you should contact the relevant healthcare provider directly.
TIC assumes no responsibility for how you use or disclose any medical information that may be made available to you through a Site. If you utilize a Site to access your medical information, or another individual’s medical information to which you have been granted Proxy Access, you are responsible for ensuring that the computer systems you use to access the Site have appropriate security controls enabled and that you have accessed the Site through a secure connection. You expressly assume the risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption or corruption of data or other information that you transmit to or receive from the Site. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Site.
Overview of Content on the Site
The Site contain postings, text, images, messages, files, and other information and materials for download and viewing by individual users (Users) of the Site, made available by TIC and by advertisers, sponsors and other content contributors (Content Contributors). Portions of the Site authored by TIC or its authorized agents, contractors, and employees are referred to as TIC Content. Portions of the Site authored by Users are referred to as User Content. Portions of the Site authored by other Content Contributors are referred to as Third-Party Content.
Use and Accuracy of TIC Content
All TIC Content on the Site is protected by federal and international copyright and intellectual property laws and is the property of TIC or its suppliers. No portion of the TIC Content may be reprinted, republished, modified, reproduced, or distributed in any form without the express written permission of TIC. This restriction shall not apply to any medical information belonging to you or an individual for whom you have Proxy Access. If you believe that any Site information violates your copyright, please contact us at info@iowaclinic.com.
You may view or download TIC Content for your own personal, non-commercial use only. You must keep intact any notices, including copyright notices, contained on any downloaded TIC Content and you must comply with any applicable end-user license agreements. With respect to TIC Content, any rights not expressly granted by these Terms or any applicable end-user license agreements are reserved by TIC.
Although TIC attempts to ensure the accurateness of the TIC Content, it makes no guarantees whatsoever as to its correctness or accuracy. It is possible that the TIC Content could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to TIC Content by third parties. In the event that an inaccuracy arises, please inform TIC so that it can be addressed. Information contained on the Site may be changed or updated without notice.
Use of User Content and Third-Party Content
All User Content and Third-Party Content on the Site are the responsibility of their respective owners. TIC is not responsible for User Content and Third-Party Content, and the views and opinions expressed in User Content and Third-Party Content are not necessarily those of TIC. TIC cannot, and does not, review User Content or Third-Party Content before they are made accessible through the Site. Nevertheless, please be advised that User Content and Third-Party Content may be protected by federal and international copyright or other laws, and your right to reprint, republish, modify, reproduce, or distribute User Content or Third-Party Content may be limited accordingly.
No User Account
We do not require an account to access the Site. You may be permitted to, and choose to, create an account for linked websites. You agree that TIC is not responsible for any such account and that you will follow and comply with all requirements and recommendations in the policies and terms and conditions for those sites.
Your Content
Any change or update made to all postings, text, images, messages, files, or other materials you post, transmit through, or link to the Site (collectively, Your Content) are your sole responsibility. TIC and the Site merely provide a means for the transmission and dissemination of Your Content. YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OF OR ANY ACTIVITIES ASSOCIATED WITH ANY OF YOUR CONTENT. THE RESULTS OF ANY ACTIONS YOU TAKE, BASED ON YOUR CONTENT OR OTHER CONTENT YOU FIND ON THE SITE, ARE SOLELY YOUR RESPONSIBILITY. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind resulting from Your Content.
We do not pre-screen or approve Your Content. We have no obligation to monitor Your Content. However, we reserve the right to review, modify, monitor, distribute, refuse to post, or delete any of Your Content at our sole discretion. We reserve the right at all times and in our sole discretion to disclose any information we believe necessary to satisfy any law, regulation, legal process, or governmental request.
By uploading, transmitting, or posting Your Content, you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute Your Content in whole or in part, provided however, this license will not apply to any identifiable medical information that you upload or transmit through a Site.
Your Responsibilities
You agree that when using the Sites, you will not:
1. Delete, hack, or attempt to change or alter any content or notices;
2. Use any device, software, or routine intended to damage or interfere with the proper functioning of the Site, servers, or networks connected to the Site, or take any other action that interferes with any other person’s use of the Site;
3. Use any automatic or manual device or process to harvest or compile information from the Site for any reason;
4. Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Site are based;
5. Introduce into the Site any malicious or intentionally destructive software routines designed to permit unauthorized access to disable, erase, or otherwise harm the Site or any Site content;
6. Introduce into the Site any software routine designed to disable a computer program automatically, with the passage of time, or under the positive control of an unauthorized person;
7. Use any content made available through the Site in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
8. Attempt to access any other person’s information, or impersonate TIC, a TIC employee, another Site user, or any other person or entity;
9. Post, upload, or transmit photos or video of any third party without express, written permission. By uploading, transmitting, or posting any photo or video on or through the Site, you represent and warrant that you have express, written permission from all persons appearing in the media for all potential uses by the Site or TIC of such media;
10. Send any chain letters, junk mail, unauthorized e-mail, or advertisements;
11. Violate any federal, state, local, or international law or regulation, encourage any illegal activities, or post anything that is obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
12. Decrypt, transfer, frame, display, or translate any part of the Site; or
13. Use the information in the Site to create or sell a similar service or similar information.
Use of the Site
We may stop providing the Site in whole or in part at any time and for any reason. We will not be liable to you or any third party for modifying, suspension or termination of the Site. We will not be liable if for any reason all or any part of a Site or the information available at a Site is unavailable for any period of time. You will not be able to access any information if the Site has been shut down. You are responsible for making sure Your Content and other information you desire is properly backed up so you have access to it in the event of loss, corruption, or cessation of any Site. WE DO NOT export Your Content, your information, or other data during your use of the Site, or provide Your Content, information, or other data to you.
Your Indemnification of TIC
You agree to defend, indemnify and hold harmless TIC, our officers, members, directors, employees and agents, from and against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of all or part of the Site; (b) any information you provide to the Site; (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations within these Terms; (d) your infringement or misappropriation of any intellectual property or other rights of TIC or third parties; or (e) any negligence or willful misconduct by you.
No Warranty
THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED IN THE SITE AND ANY SITE-RELATED SERVICE, ARE PROVIDED AS IS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. STATEMENTS OUTSIDE THE TERMS, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS NOT A WARRANTY OR PROMISE BY US, AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY COMMUNICATION, INFORMATION, OR YOUR CONTENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES, AND ANY LINKED WEBSITES. TIC DOES NOT REPRESENT OR WARRANT THAT THE SITE, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Some jurisdictions do not allow the disclaimer of warranties, so such disclaimers and exclusions may not apply to you.
Non-TIC Providers
Not all of the health information that you have access to through Sites was created by TIC or a provider employed by TIC. Further, you may have the ability to send electronic messages through the Site to healthcare providers that are not employed by TIC (all such independent providers referred to as Non-TIC Providers). TIC explicitly disclaims any and all liability related to the health information created by Non-TIC Providers that is made available through the Site, and for any information, activities and communications of Non-TIC Providers that are made through the Site.
Limitations of Liability
NEITHER TIC, OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES OR AGENTS ARE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED IN THE SITE OR ANY LINKED WEBSITE, EVEN IF SUCH DAMAGES ARE FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION, OR LINKED WEBSITES IS TO STOP USING THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION, OR LINKED WEBSITES.
IF WE ARE FOUND TO BE LIABLE, DESPITE THE LIMITATIONS ABOVE, THEN IN NO EVENT SHALL TIC BE LIABLE FOR ANY DAMAGES RELATING TO THIS AGREEMENT GREATER THAN ONE THOUSAND U.S. DOLLARS ($1000), TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you.
Trademark Notice
The Site include numerous trademarks and service marks that are the property of TIC, including without limitation THE IOWA CLINIC. Other trademarks, service marks and logos used in the Site are the trademarks, service marks or logos of third parties.
Infringement
It is TIC’s policy to respect the intellectual property of others and to respond quickly to notices of alleged infringement. TIC will terminate the access of all Users who infringe the intellectual property rights of others. Likewise, any apparent infringement of TIC’s intellectual property rights by a User will result in the immediate termination of that User’s access to the Site.
If TIC removes or disables access to User Content or Third-Party Content according to these Terms, TIC may, in its discretion, provide the Content Contributor with a copy of the notification which prompted removal or disabled access to the User Content or Third-Party Content. However, TIC reserves the right to withhold access to or not replace the User Content or Third-Party Content unless ordered to do so by a court or other tribunal of competent jurisdiction.
Other Websites
TIC makes no representations whatsoever about any other website that you may access through the Site. When you access a non-TIC website, it is independent from TIC, and TIC has no control over the content on that website, or how that website may protect your information. PLEASE MAKE SURE TO REVIEW THE TERMS AND PRIVACY POLICY ON LINKED WEBSITES. In addition, a link to a non-TIC website does not mean that TIC endorses or accepts any responsibility for the content, or the use, of the linked website. It is your responsibility to ensure that whatever you select for your use or download from other websites is free of viruses, worms, Trojan horses, and other items of a destructive nature, and that such use or download complies with copyright and other applicable laws.
Our Communications
Our Site may contain links or forms that can be used to contact us so you can comment, make a complaint, make suggestions, and ask questions. You represent and warrant that any information you enter into the Site is correct and applies only to you. The e-mail address you provide will be the e-mail address we will use for Site-related communications to you. It is your responsibility to monitor these messages and respond in an appropriate manner.
Choice of Law and Venue; Jury Trial Waiver
This section affects your rights, please read carefully before agreeing to these terms by using our sites.
These Terms are entered into in the State of Iowa, U.S.A., and are governed by the laws of the State of Iowa, U.S.A., exclusive of its choice of law rules. YOU AND WE EACH AGREE TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE COUNTY OF POLK IN THE STATE OF IOWA, U.S.A., FOR ALL DISPUTES RELATING TO THE SITE AND THESE TERMS, ALTHOUGH WE RETAIN THE RIGHT TO BRING ANY SUIT, ACTION, OR PROCEEDING AGAINST YOU IN YOUR JURISDICTION OF RESIDENCE OR ANY OTHER RELEVANT JURISDICTION. EACH PARTY WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED TO THE EXTENT PERMITTED BY LAW. EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE.
Entire Agreement
Except as expressly stated elsewhere in these Terms, these Terms constitute the entire agreement between TIC and you pertaining to the subject matter described in these Terms. Your use of the Site and any Site-related services is also subject to our Privacy Policy. If any provision of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary, and shall not affect the validity of the remaining provisions of these Terms. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
Users from Outside the United States
The Site are governed by United States law, and we provide the Site for use only by persons located in the United States. We make no claims that the Site or any content is accessible or appropriate outside of the United States. If you are using the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, and your information may be transferred to, stored and processed in the United States or other countries, depending on the location of the servers of TIC or our suppliers. The laws of the United States and other countries might not be as comprehensive as those in your country. By using the Site, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in our Privacy Policy.
USE OF OUR SITE AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS SET FORTH ABOVE. PLEASE READ THIS INFORMATION CAREFULLY. YOUR CONTINUED USE OF OUR SITE INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS SET FORTH ABOVE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PROMPTLY EXIT THE SITE.
SMS Messaging
Any communications with TIC via SMS text messages are also governed by our SMS Messaging Terms & Conditions policy.
Your Comments and Concerns
This website is operated by The Iowa Clinic, 5950 University Avenue, West Des Moines, IA 50266. Any feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: info@iowaclinic.com.