Website Terms and Conditions
Effective Date: November 14, 2023
These website terms and conditions (“Terms”) set forth a legally binding agreement between you and Cedars-Sinai Medical Center and its affiliates (“Cedars-Sinai”). These Terms govern the relationship between Cedars-Sinai and you, with respect to your use of www.cedars-sinai.org, www.cedars-sinai.edu, www.csconnect.cedars-sinai.org, and secondopinion.cedars-sinai.org (collectively, the “Site”).
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING CEDARS-SINAI LIABILITY AND REQUIRING MANDATORY ARBITRATION ON AN INDIVIDUAL, NON-CLASS BASIS TO RESOLVE DISPUTES. SEE SECTIONS 7-10.
These Terms may change over time, in which case we will post the modified Terms on this page and change the Effective Date. Your continued use of the Site following a change to these Terms signals your acceptance of the modification(s). In some instances, both these Terms and separate terms setting forth additional conditions may apply to a service or product offered via the Site (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.
The use of the Site, including the tools and features accessible through the Site which may provide you with information regarding how doctors diagnosed and treated patients with similar symptoms based on the information you submit, is not a substitute for professional clinical advice or treatment and does not create a physician-patient relationship. Information on the Site is not provided in the course of a professional relationship between a health care provider and a patient and is not intended to create any patient relationship, nor should it be considered a replacement for consultation with a health care professional. If you have any health problems or health care-related questions, please call, or see your physician or other health care provider promptly. If you have an emergency medical condition, call 911.
The information and content provided on or accessed through this Site are intended for general, noncommercial, informational purposes only, and do not constitute the practice of medicine or any other professional judgement, advice, diagnosis, or treatment.
Use of the Site
Content. The Site may contain (i) materials and other items relating to Cedars-Sinai and its services including software, layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, interactive features, and the “look and feel” of the Site; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Cedars-Sinai; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
Limited License. Subject to your strict compliance with these Terms, Cedars-Sinai grants you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Site for your personal, non-commercial use. All other rights in the Site are reserved by Cedars-Sinai. You must retain all copyright and other proprietary notices on downloaded or printed Content, and any such downloads or copies are subject to the terms and conditions of these Terms and shall remain the property of Cedars-Sinai and our licensors and is protected by U.S. and international copyright, trade mark, trade dress, patent, and/or intellectual property and unfair competition rights and laws to the fullest extent possible. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Site or any Content; and (ii) may be immediately suspended or terminated for any reason, in Cedars Sinai’s sole discretion, and without advance notice or liability. Your unauthorized use of the Site or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Restrictions. If you access or otherwise use the Site, you represent you are at least the age of majority in your jurisdiction. If you are under the age of majority, you represent that if you access the Site, you will do so under the supervision of a legal guardian who agrees to be bound to these Terms on your behalf.
You agree to comply with all national, federal, state, and local laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Site and Content. You further agree that you will not (i) use the Site or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Site or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Cedars-Sinai; (iii) harvest, scrape, reverse engineer, create a derivative work, or modify any information from the Site or Content; (iv) infringe any intellectual property or other right of any third party; (v) reverse engineer or modify the Site or Content; (vi) interfere with the proper operation of the Site or its security features; (vii) use the Site or Content in a manner that suggests an unauthorized association with Cedars-Sinai or any other party, or is beyond the scope of the limited license granted to you; (viii) transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other rogue programming or items of a destructive nature; or (ix) otherwise violate these Terms. If you breach these restrictions, you may be subject to prosecution and damages. You are not permitted to use the Site for any purpose other than as expressly permitted under these Terms. You acknowledge that Cedars-Sinai (or one of our licensors) may audit your use of the Site.
Requests and Notifications. You agree to cooperate with all reasonable requests from Cedars-Sinai and to notify Cedars-Sinai promptly as described below in Section 12 upon learning of any actual or suspected unauthorized use or abuse of the Site or Content, or if you breach these Terms.
Suspension; Termination. We reserve the right to immediately suspend or terminate these Terms, and/or your access to and use of the Site, Content, or any portion thereof, at any time and for any reason, with or without cause, and without advance notice or liability. In the event of your breach of this Agreement, we will be entitled to terminate the license granted under these Terms immediately. The license granted to you under these Terms is effective until terminated by you, Cedars-Sinai, or our licensor. Upon suspension or termination of your access to the Site, or termination of these Terms, you agree to immediately cease your use of the Site, and you agree to destroy all Content and all downloads and copies thereof, whether made under the terms and conditions of these Terms or otherwise. Termination will not terminate liability for any payments due to Cedars-Sinai’s or a third-party service provider.
Access to the Site
Access. Your use of the Site must be in accordance with any and all procedures, forms, formats, displays, and operating times which may be determined, specified, or modified by Cedars-Sinai in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Site or to receive any communications from Cedars-Sinai.
Account Creation. Certain features and functionality of the Site may require the creation of an account by entering your name and email address, selecting a valid username and password, or providing other required registration information. For any feature of the Site that requires a username and password to access, you must update your information as necessary to ensure that any information that you provide to Cedars-Sinai, our licensor, or a third-party service provider is accurate and complete.
Certain features on the Site may allow you to create additional profiles within your account for individuals. By creating such a profile, you represent and warrant that you either: (i) are the legal guardian of that individual; or (ii) are lawfully authorized to create the profile for the individual.
If you create an account on the Site, you are solely responsible and liable for the security and confidentiality of your access and for all activity under your account, including maintaining the security of any username and password you use to access any feature of the Site. Please note you will be responsible for all action and activities that occur under that username and password. You must immediately notify us at firstname.lastname@example.org if you suspect any unauthorized use of your account, password, or username, or any other breach of security. You will not sell, transfer, or assign your account or any account rights.
Availability. The Site may be unavailable from time to time and for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of Cedars-Sinai, access to the Site may be interrupted or suspended from time to time. Cedars-Sinai shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, Content, availability, and equipment needed for access or use.
Third Party Links
The Site may include links to other features, websites, or other online platforms. Cedars-Sinai is not responsible for these other websites and online platforms. We are not responsible for the content of any third-party link. To the fullest extent permitted by applicable law, you further acknowledge and agree that Cedars-Sinai shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance of any such content, goods, or services available on or through any such third-party website or resource.
CEDARS-SINAI PROVIDES THE SITE, ITS CONTENT, ITS LINKS AND COMMUNICATIONS, AND ANY PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE ON AN “AS IS,” AND ARE USED AT YOUR SOLE RISK, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, RELIABILITY, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
CEDARS-SINAI, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR INFORMATION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR INFORMATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT USE OF THE SITE WILL NOT ADVERSELY AFFECT A SYSTEM FROM WHICH THE SITE IS ACCESSED. YOU ARE ADVISED TO TAKE APPROPRIATE AND ADEQUATE PRECAUTIONS TO MINIMIZE ANY LOSS TO YOUR SYSTEM, INCLUDING UP-TO-DATE ANTI-VIRUS SOFTWARE, FIREWALLS AND THE CREATION OF BACK-UP FILES. YOUR USE OF THE SITE AND ANY CONTENT ARE ENTIRELY AT YOUR OWN RISK.
Reliance on Information
Cedars-Sinai assumes no responsibility regarding the accuracy, currency, or usefulness of the Content provided by or presented on the Site. Any reliance you place on such information is strictly at your own risk. Cedars-Sinai disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its Content.
The Site may include Content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by Cedars-Sinai, are solely the opinions and the responsibility of the person or entity providing those materials. Please be advised that certain products and medications, which may be referred to on this Site, whether by brand name or generically, are given for informational purposes only and not by way of endorsement, recommendation, or approval.
Cedars-Sinai will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. Cedars-Sinai reserves the right to correct any errors and to update Site information at any time.
Limitation of Liability; Remedies
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL CEDARS-SINAI BE LIABLE TO YOU WITH RESPECT TO USE OF THE SITE AND/OR BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, OR LOSS, THEFT OR CORRUPTION OF YOUR INFORMATION, THE INABILITY TO USE THE SITE, DEVICE FAILURE OR MALFUNCTION. NOTHING IN THESE TERMS SHALL EXCLUDE OR IN ANY WAY LIMIT CEDARS-SINAI’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUD OR ANY OTHER LIABILITY TO THE EXTENT THE SAME MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.
CEDARS-SINAI SHALL NOT BE LIABLE EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUSES, WORM, TROJAN HORSE OR OTHER HARM OR VULNERABILITY.
IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN PROMISES AND/OR THE EXCLUSION OF LIABILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES, IN NO EVENT SHALL CEDARS-SINAI’S LIABILITY ARISING UNDER OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE EXCEED $100 USD.
Waiver of Injunction or Other Equitable Relief
YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY CEDARS-SINAI.
Dispute Resolution/Mandatory Binding Individual Arbitration/Class Waiver
IMPORTANT: THIS SECTION (SECTION 9) LIMITS CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. PLEASE REVIEW CAREFULLY.
In the unlikely event that a disagreement arises between you and Cedars-Sinai, you must first contact us directly by calling us at 1-800-233-2771 or by emailing email@example.com so that we may work in good faith to find a mutually agreeable solution.
If the issue cannot be resolved as described above within sixty (60) days, you and Cedars-Sinai agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Site, these Terms, or Additional Terms (collectively, “Dispute”) through binding individual arbitration, or as we and you otherwise agree in writing. You agree that the term “Dispute” in these Terms will have the broadest meaning possible. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of Cedars-Sinai, or third party if Cedars-Sinai could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and Cedars-Sinai agree to assert all such Disputes in a single arbitration so they may be resolved at the same time, or they will be deemed waived.
CLASS AND COLLECTIVE ACTION WAIVER: You and Cedars-Sinai explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. NO DISPUTE SHALL BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of Cedars-Sinai. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in this Agreement, any challenge to the validity of this Class and Collective Action Waiver must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Class and Collective Action Waiver is held to be unconscionable or unenforceable, then the entirety of this Dispute Resolution/Mandatory Binding Arbitration provision (Section 9) shall not apply, and the Dispute must be brought exclusively in a state or federal court in California. Accordingly, you and Cedars-Sinai consent to the exclusive personal jurisdiction and venue of such courts for such matters.
(a) As stated above, we require you to first contact us directly at firstname.lastname@example.org to seek a resolution. If we cannot resolve a Dispute within sixty (60) days, then, to the fullest extent permitted by applicable law, Disputes shall be resolved solely by a single, neutral arbitrator selected in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), in a reasonably convenient location agreed to by the parties in accordance with the AAA’s Consumer Due Process Protocol (including, but not limited to the AAA’s Consumer-Arbitration Rules, available at the ADR Consumer site), except that we may seek injunctive or other appropriate relief in any state or federal court. You can also obtain AAA procedures, rules, and fee information by visiting the ADR Consumer site.
(b) To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at the ADR Consumer site, and simultaneously sending a copy of the completed form to the following address: 200 State Street, 7th Floor, Boston, MA 02109.
(c) Upon filing of the arbitration demand, we will pay all filing, administration, and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Cedars-Sinai will reimburse you for the filing fee within thirty (30) days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses, and preparation and presentation of evidence at the arbitration.
(d) WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. Any Dispute shall otherwise be governed by the internal laws of the State of California without regard to California choice of law principles, except that the provisions of this agreement concerning arbitration shall be governed by the Federal Arbitration Act. The arbitrability of Disputes shall be determined by the arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You hereby consent to, and waive, all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California.
(e) Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Cedars-Sinai agree that we intend that this Section 9 satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual written agreement.
(f) In the event the AAA is unavailable or unwilling to hear the Dispute, you and Cedars-Sinai shall agree to, or a court shall select, another arbitration provider.
(g) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
You agree to indemnify, defend, and hold Cedars-Sinai, our licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, successors and assigns (“Cedars-Sinai Indemnitees”), harmless from and against any and all claims, causes of action, allegations (threatened or pending),liabilities, damages, losses, costs, and other expenses (including reasonable attorneys’ fees that arise directly or indirectly and costs) arising out of or in connection with any of the following: (i) for any breach of these Terms; (ii) your use of the Site; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (v) any misrepresentation made by you. Cedars-Sinai reserves the right to control the defense and settlement of any third-party claim for which you indemnify Cedars-Sinai Indemnitees under these Terms, and you will assist us in exercising such rights. You will not in any event settle any claim without the prior written consent of Cedars-Sinai.
Governing Law. These Terms shall be governed by the laws of California excluding conflict of laws principles. The parties hereby submit to the exclusive jurisdiction of the federal, state or municipal court of proper jurisdiction in the Central District of California to resolve any dispute between them arising under or in connection with the Site and these Terms.
Severability; Entire Agreement; Assignment. If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. This is the entire agreement between Cedars-Sinai and any other user of the Site relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable, or sublicensable by you except with Cedars-Sinai’s prior written consent.
Waiver. The failure of Cedars-Sinai to enforce at any time the terms and conditions of these Terms, or the failure of Cedars-Sinai at any time to require your performance of any of the terms and conditions of these Terms, will not be construed to be a present or future waiver of these Terms, nor in any way affect Cedars-Sinai’s ability to enforce these Terms. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms are inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Investigations; Cooperation with Law Enforcement. Cedars-Sinai reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Cedars-Sinai may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
Electronic Communications. We may communicate with you electronically in regard to the Site, including by email, and we may collect information related to communications between you and Cedars-Sinai. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site, your action is intended as an electronic signature which binds you as if you had signed on paper.
Certain portions of the Site, including the My CS-Link functionality, may be licensed to us by our licensor, Epic Systems Corporation. You acknowledge that the licensor does not provide technical support to you or any end user and your support, if any, for the use of the Site would be provided directly by Cedars-Sinai.
CS Connect, our virtual care and health management tool is licensed to us by K Health. You acknowledge and agree that these Terms are entered into between you and Cedars-Sinai, and that K Health is not a party to these Terms other than as a third-party beneficiary as described below. K Health will have no warranty obligations whatsoever with respect to the Site or your use of the tool and is not responsible for addressing any claims you may have relating to the Site and shall have no liability to you arising from your use of the symptom checker tool. With respect to the foregoing sentence and the indemnification and intellectual property provisions of these Terms, K Health is a third-party beneficiary, and you acknowledge and agree that K Health will have the right to enforce those provisions of these Terms as if it were a party hereto.