MCHC-Chicago Hospital Council d/b/a Illinois Poison Center
Terms of Use

1. Use of Website.  You agree to use the Services only for purposes that are permitted by the Terms and any applicable law, regulation, and generally accepted practices or guidelines in the relevant jurisdictions.  You agree not to access or attempt to access any Services by any means other than through the interface provided by IPC.  You agree not to reproduce, duplicate, copy, sell, trade, or resell the Services, unless otherwise agreed to in a separate written agreement with IPC and/or its Affiliated Entities.  You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences, including, without limitation, any loss or damage that IPC or an Affiliated Entity may suffer due to, related to, or resulting from such breach.
2. Code of Conduct.  You warrant that you will abide by all applicable local, state, and federal laws and regulations with respect to your use of the Services and that you will not interfere with the use and enjoyment of the Services by other Visitors or with IPC’s management and operation of the Services.  Prohibited conduct includes, but is not limited to, the following:
   1. You will not send or otherwise post unauthorized commercial communications to the Website.
   2. You will not collect Visitor’s Content or information, or otherwise access the Website, using automated means (such as harvesting bots or robots) without IPC’s permission.
   3. You will not upload viruses or other malicious code.
   4. You will not solicit login information or access an account belonging to someone else.
   5. You will not do anything that could disable, overburden, or impair the proper working of the Website.
   6. You will not facilitate or encourage any violations of the Terms.
   7. You will not post content or take any actions on the Website that infringes or violates someone else’s rights or otherwise violates the law.
   8. You will not engage in any activity that interferes with or disrupts the Services, or the servers and networks connected to the Services.
3. Proprietary Rights.  You acknowledge and agree that IPC and/or its Affiliated Entities, or their licensors, own all legal right, title, and interest in and to the Services, including, without limitation, the Content and any intellectual property rights which subsist in the Services, whether registered or not.  You acknowledge that the Services may contain information which is designated confidential by IPC and that you shall not disclose such information without IPC’s prior written consent.  Except as otherwise stated on the Website, nothing in the Terms gives you a right to use any of IPC’s or an Affiliated Entity’s tradenames, trademarks, service marks, logos, domain names, and other distinctive brand features.  You agree that you shall not remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices, which may be affixed to or contained within the Services.  You agree that in using the Services, you will not modify, obscure, or alter such trademark, servicemark, tradename, or logo or use any trademark, servicemark, tradename, or logo of the IPC or an Affiliated Entity in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
4. Content License from Visitor.  You retain copyright and any other rights you already hold in any Content which you submit, post, or display on or through the Services.  By submitting, posting, or displaying the Content you give IPC a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly display, and distribute any Content which you submit, post, or display on or through the Services.  You agree that this license includes a right for IPC to transfer, sublicense, or otherwise make such Content available to other companies, organizations, or individuals with whom IPC has relationships, including, but not limited to, Affiliated Entities.  You understand that IPC, in performing the required technical steps to provide the Services to its Visitors, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services, or media.  You agree that this license shall permit IPC to take these actions.  You confirm and warrant to IPC that you have all the rights, power and authority necessary to grant the above license.
5. No Medical or Legal Advice.  The Content provided on the Website does not, and is not intended to, constitute legal or medical advice or opinions; instead, all Content available on the Website are for general informational and educational purposes only.  Content on the Website may not constitute the most up-to-date legal, medical, or other information.  The Website contains links to other third-party websites.  Such links are only for the convenience of the Visitor; IPC and its Affiliated Entities do not recommend or endorse the contents of the third-party websites unless otherwise stated.  This Website is not intended to replace the expert advice of a qualified healthcare professional, including but not limited to a qualified poison specialist or physician.  Visitors should contact a healthcare professional to obtain medical advice or opinions with respect to a particular healthcare concern or problem.  No Visitors should refrain from acting on the basis of the Content on the Website without first seeking medical advice from a qualified healthcare professional.  Only your qualified healthcare professional can provide assurances that the Content contained herein is applicable or appropriate to your particular medical concern or problem.  Furthermore, Visitors should contact their attorney to obtain advice with respect to any particular legal matter.  No Visitors of the Website should act or refrain from acting on the basis of any of the Content on the Website without first seeking legal advice from counsel in the relevant jurisdiction.  Only your individual attorney can provide assurances that the Content contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, the Website or any of the links or resources contained within the Website do not create an attorney-client relationship or doctor-patient relationship between the Visitor and Website Content authors, IPC, or any Affiliated Entity.  All liability with respect to actions taken or not taken based on the Contents of the Website are hereby expressly disclaimed to the fullest extent permitted by law.  The Content on the Website is provided “as is;” no representations are made that the Content is error-free.
6. Privacy and Personal Information.  Please review IPC’s Privacy Policy, which is incorporated into the Terms by reference.  By accessing the Website and/or the Services, you acknowledge that you have read and agree to IPC’s Privacy Policy, including the use of your information in accordance with IPC’s Privacy Policy.  You acknowledge and agree that you are solely responsible for maintaining the confidentiality of usernames and passwords associated with any account you use to access the Services.  You agree that you will be solely responsible to IPC for all activities that occur under your account and you shall immediately notify IPC of any unauthorized use of your username or password.
7. No Data Rights.  IPC expressly disclaims any liability for lost or deleted Website Content or Visitor provided Content.  You shall not rely on IPC for preservation of any Website Content or Visitor provided Content, and shall maintain all Visitor provided Content in a separate manner.  Given the inherent risks of the internet, you acknowledge that there is no assurance that Website Content or Visitor provided Content will be kept confidential and there is no assurance that Website Content or Visitor provided Content will not be lost or deleted.
8. Disclaimers.    IPC DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  IPC FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE AND ITS CONTENTS AND DOES NOT ENDORSE ANY VISITOR PROVIDED CONTENT.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  IPC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF ANY VISITOR PROVIDED CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  NO ADVICE OR INFORMATION, INCLUDING, BUT NOT LIMITED TO, ADVICE OR INFORMATION REGARDING PROFESSIONAL PRACTICES, STANDARDS, OR GUIDELINES, VIA ANY METHOD OF COMMUNICATION, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.  IPC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IPC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 
   Services may include hyperlinks to other websites or content or resources. IPC has no control over any websites or resources which are provided by companies or persons other than IPC or an Affiliated Entity. You acknowledge and agree that IPC is not responsible for the availability of any such external websites or resources, and does not endorse any advertising, products, or other materials on or available from such websites or resources unless otherwise stated on the Website. You acknowledge and agree that IPC is not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such websites or resources.
9. Indemnification.  You agree to defend, indemnify, and hold harmless IPC and Affiliated Entities and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, costs, debts, and expenses of any nature whatsoever (including, but not limited to, attorneys’ fees and court costs) due to, related to, or arising from (a) your use of and access to the Services (including the Website); (b) your violation of any provision of the Terms; (c) your violation or alleged violation of any third party right, including, without limitation, any copyright, trademark, property, or privacy right; or (d) any claim that your Content caused damage to a third party. 
10. Limitation of Liability.  Under no circumstances will IPC or any Affiliated Entity or their directors, officers, employees, or agents be liable to Visitors for any costs, expenses, actual damages, including direct, indirect, incidental, consequential, special, or exemplary damages, arising from the Terms, your use of the Services (including the Website), negligence, or intentional conduct, even if IPC or any Affiliated Entity or their directors, officers, employees, or agents have been advised, knew, or should have known of the possibly thereof.  YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER IPC, NOR ANY OF ITS AFFLIATED ENTITIES, SHALL BE LIABLE FOR VISITOR PROVIDED CONTENT, CONTENT PRODUCED BY THIRD PARTIES AND DISPLAYED ON OR THROUGH THE SERVICES, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11. Miscellaneous.  Except with regard to the enforceability of the arbitration agreement contained herein, which shall be governed by the Federal Arbitration Act, the Terms, Privacy Policy, and any other legal notices published by IPC on the Website shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois, without regard to conflict of law principles.  In the unlikely event an issue arises, except in relation to intellectual property rights as set forth above, IPC and the Visitor each agree to resolve any dispute arising out of or relating to, in any way without limitation, the Terms, the Privacy Policy, or the use of the Services (including the Website), through binding arbitration with no class relief, instead of in courts.  Arbitration is more informal than a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.  Any arbitration under this provision will take place on an individual basis; class arbitrations and class actions are not permitted.  The arbitration shall occur in Chicago, Illinois unless IPC and the Visitor mutually agree in writing to an alternate location.  Unless the IPC and the Visitor mutually agree to the contrary in writing, the decision of the arbitrator(s) shall be final and binding upon both parties, except for any right of appeal provided by the Federal Arbitration Act.  
     
    For disputes arising out of or relating to intellectual property rights, the Parties hereby irrevocably and unconditionally consent and submit to the personal jurisdiction of Illinois courts and any and all causes of action brought in connection with intellectual property rights shall be brought in the appropriate state court sitting in DuPage County, Illinois or the federal court with proper jurisdiction and venue over IPC’s principle place of business.  The Parties hereby consent to the exclusive jurisdiction of such courts. 
     
    If any provision of the Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to achieve the purpose originally intended, if possible, and the remaining provisions of the Terms shall remain in full force and effect and shall be enforceable if the Terms can be construed in a manner so as to carry out as nearly as possible the original intent.Failure of either IPC or a Visitor to insist on the performance of any term or condition of the Terms or to exercise any right of the Terms shall not be deemed a waiver of the term, condition, or right.  The following sections of the Terms shall indefinitely survive the termination of the Terms and your use of Services (including the Website): Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, and 11.
     
12. Changes in Services.  IPC may change the form and nature of the Services from time to time, at any time, without prior notice to you.  IPC may stop providing the Services (or any features within the Services) to you or to Visitors generally, including by denying access to your account, at IPC’s sole discretion, without prior notice.  If IPC disables access to your account, you may be prevented from accessing your account details or any files or other Content that is contained in your account or accessible through your account. 
13. Changes to these Terms.  IPC may make changes to the Terms from time to time, at any time without notice to Visitors by posting a new version to IPC’s Website.  If IPC makes any changes to the Terms, IPC will post the revised Terms to the Website and update the effective date above to reflect the date of the changes.  By continuing to use the Websites after any such changes, you accept the Terms as modified.  IPC will keep prior versions of the Terms in an archive for your review.
14. Contact Us.  If you have any questions or comments about these Terms, please contact IPC’s Legal Affairs Department at: