Mobile App Terms of Use

You will have access to the Cerner Patient Portal through the App. By using this App, You agree to the terms of any Cerner Privacy Policy and Terms of Use that accompany the Cerner Patient Portal.   Except as relates to providing you access to the Cerner Patient Portal through the App, we do not endorse any programs, activities, or services offered by third parties. We make no warranty of any kind as to the accuracy, completeness or appropriateness of the Cerner Patient Portal or any third party programs, activities and services. 

External Links

Similarly, to provide you with greater value, the App may provide you with links to various third party websites. Even if a third-party affiliation exists between us and that destination site, we exercise no authority over linked sites, each of which maintains independent privacy and data collection policies and procedures. We assume no responsibility or liability for these independent methods or actions and are not responsible for the independent policies or procedures of destination sites. Similarly, we cannot take responsibility for the privacy initiatives or the content of such websites. These destination links are provided only for your convenience, and as such, you access them at your own risk.

Security & Confidentiality 

We are committed to protecting the confidentiality of your medical information. Firewalls, passwords, encryption, and audit trails are used to help safeguard your information.  We have taken steps designed to make information received from our App users reasonably secure and protect against unauthorized access and use.

For other than general information viewing, the App must be accessed with a Secure Sockets Layer (SSL) compatible browser.

You will be required to set-up a username and password. It is your responsibility to select a confidential password, to maintain your password in a secure manner, and to change your password on a regular basis and if you believe it may have been compromised in any way.  You may not permit any other person to access the App using your username and password, and the use of your account is your responsibility. If you share your App username and/or password with another person, that person may be able to view your health information, and health information about someone, like your child, for whom you have Proxy access. If you learn or suspect that your username or password has been wrongfully used or disclosed, you should promptly notify us and immediately reset your password. To help ensure the security of your password or account, please sign out of your account at the end of each session.

No Warranties; Limitation of Liability 

YOU ARE RESPONSIBLE FOR ANY ACTS OR OMISSIONS RELATING TO YOUR USE OF THE APP AND FOR ANY DAMAGES INCURRED AS A RESULT THEREOF. THE APP IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DO NOT, AND OUR SUPPLIERS DO NOT (I) WARRANT THE RELIABILITY OR AVAILABILITY OF THE APP, OR (II) GUARANTEE THAT THE APP WILL BE ERROR FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. WE AND OUR SUPPLIERS EACH DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, NONINFRINGEMENT, AND ANY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ON BEHALF OF US AND OUR SUPPLIERS, ALL RESPONSIBILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND LOST PROFITS, REVENUES OR DATA. IF YOU ARE DISSATISFIED WITH THE APP, OR WITH THESE TERMS, PLEASE DO NOT USE, OR DISCONTINUE USING, THE APP. YOUR SOLE AND EXCLUSIVE REMEDY AND OUR SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY DAMAGES ARISING UNDER THIS AGREEMENT IS LIMITED TO DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED $100.  THE FOREGOING LIMITATION ON REMEDIES SHALL APPLY EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE CAUSE OF ACTION OR TYPE OF CLAIM.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR ANY CLAIM OR DAMAGE THAT CANNOT BE EXCLUDED OR LIMITED UNDER MISSOURI LAW.

Indemnification

Termination

Subject to applicable law, we may terminate these Terms and/or the App services at any time. Similarly, your account access may be terminated, suspended or deleted, at any time and for any reason.  We will use reasonable efforts to provide written notice through the App or on our website prior to terminating these Terms and/or the App services. Without limiting any other rights or remedies available to us, on termination for any reason: (a) all rights granted to you under these Terms shall cease; (b) you must immediately cease all activities authorized by these Terms, including your use of any services available through the App (c) and we may cease to provide you with access to the App. You can discontinue using the App at any time or remove the App from your phone or computer device at any time, if you do not agree to these Terms or any changes to these Terms.

No Unlawful or Prohibited Use

You may not use the App for any purpose that is unlawful, immoral or is otherwise prohibited by these Terms. You may not use the App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided to you through the App.

Disputes' Governing Law

These Terms are governed by the laws of the state of Missouri, without regards for its conflict of law principles. Without limiting the arbitration requirements below, to the extent any matter related to these Terms is enforced or litigated in a court, the exclusive venue and jurisdiction for any such matter is the state or federal courts, as applicable, located in Kansas City, Missouri. Any cause of action or other claim with respect to the App must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply to our relationship with you or any transaction(s) contemplated or undertaken by you or CMH.

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury

Please read the following paragraphs carefully because they require you to arbitrate disputes with CMH and limit the manner in which you can seek relief from us.

a.      Applicability of Arbitration Agreement.

         i.     Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of these Terms to arbitrate (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the CMH’s intellectual property or other proprietary rights, CMH may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.

        ii.     This Arbitration Agreement applies to you and CMH, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns, as well as all authorized or unauthorized users or beneficiaries of the App provided under the Terms.

b.      Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) before an arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they instead choose and agree to have all disputes as set forth herein decided through individual arbitration.

c.      Place. The place of arbitration shall be in Kansas City, Missouri, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party,

d.      Survival. This Arbitration Agreement provision will survive the termination of these Terms.

e.      Time Limitation on Claims. The parties agree that they must initiate arbitration within one (1) year from the date on which any claim or cause of action first arises that forms the basis for such arbitration; otherwise, the claims or causes of action forming the basis for such arbitration, along with the right to purse such arbitration, are permanently barred.

General 

Without limiting the above arbitration requirements, any cause of action or claim you may have with respect to the App must be commenced within one (1) year from the date on which such cause of action or claim first arises. Our failure to enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. We may assign our rights and duties to any party at any time without notice to you, and may provide services to you though our business partners and suppliers. Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these terms is in derogation of our obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by us with respect to such use. If any part of these Terms is determined to be invalid or unenforceable then the invalid or unenforceable provision shall be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. Unless specified otherwise as you use the App, these Terms along with the App Privacy Policy, NPP, and any other document you signed or completed related to use of the App and products and services provided to you by us, constitute our entire agreement with respect to the App, and these Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between us with respect to the App. These Terms do not confer any rights, remedies, or benefits upon any person other than you and CMH, except that our affiliates are third-party beneficiaries of these Terms. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, disclaimers of warranty, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the App.

Notification of Changes to These Terms of Use

These Terms may be revised from time to time as we add new features and services, as laws change, and as industry privacy and security practices evolve. However, we will take reasonable steps to notify you of material changes we make to these Terms. We display an effective date on the terms above so that it will be easier for you to know when there has been a change. You are responsible for regularly reviewing these Terms. Your continued use of the App constitutes your acceptance of the revised terms. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice.

Intellectual Property Rights

The App includes its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content. In consideration of you agreeing to abide by these Terms, we grant you a non­transferable, non-exclusive, non-sublicensable, limited license to access the App for your own personal use as otherwise permitted in these Terms.  You may not download, reproduce or otherwise distribute any materials on this App without our prior express written consent and/or the consent of any third party copyright owner. Any rights that are not expressly granted by these Terms or any applicable end user license agreements are reserved by CMH You may not use this App or its content for any purpose prohibited or restricted by law or in violation of these Terms.

All patents, trademarks, trade names, service marks, copyrights, and other intellectual property (collectively “Intellectual Property”) available through the App will remain the sole property of CMH and its affiliates or third party sources and contractors.  Nothing in these Terms shall confer to you any right of ownership or license rights in the Intellectual Property. The App and its content are protected by federal and international copyright and trademark laws. The distinctive and original layout and presentation of the App also constitutes protectable trade dress under applicable federal law.  Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to CMH or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

You shall not copy, modify, reverse engineer, sublicense, sell or offer for sale the Intellectual Property or App, nor contest the validity of the Intellectual Property. You shall not create any hyperlinks to, frame, or otherwise use the App or any part of the App or any services available through the App for any commercial purpose or other purpose other than your own personal use as otherwise permitted in these Terms.

Copyright © 2023 The Children’s Mercy Hospital. All rights reserved.

Copyright Infringement - DMCA Notice

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that provides online service providers who have content on their sites to be relieved from liability for copyright infringement if they promptly remove the offending content once notified of an alleged infringement by the Copyright owner or his designated Agent.

You may file a complaint with CMH and its designated Agent by mail or email as follows if you believe that content hosted by CMH is violating your rights under US Copyright Law:

BY MAIL:

The Children’s Mercy Hospital
Attn: Copyright Agent (DMCA)

2401 Gillham Road
Kansas City, MO 64108

If you believe that your copyright work has been copied without permission, you must provide the following information to CMH.  Your DMCA takedown notice must contain the following information:

Copyright Owner or the designated Agent must:

1.    Provide an electronic or physical signature.

2.    Provide a description of the copyrighted work that is claimed as infringed.

3.    Identify where the infringing copyrighted work is located on the App.

4.    Provide contact information such as name, address, phone number and email address.

5.    Provide a statement that they have good faith belief that the infringing use is not authorized by you, your designated Agent or by law.

6.    Provide a statement under penalty of perjury that the information in the notice is accurate and that you are the Copyright Owner or an authorized Agent to act on behalf of the Copyright Owner.

Copyright Owner or its designated Agent who make misrepresentations with regards to the copyright infringement may be liable for damages incurred as a result of removing or blocking the alleged copyrighted work.

Counter-Notification to Claimed Copyright Infringement

You can file a counter-notification with CMH’s designated Agent at the address listed above if a notice of copyright infringement has been filed against you. In such counter-notification you must have the following information:

1.    Provide a physical or electronic signature.

2.    Identify the copyrighted material that was removed or disabled and the location from where it was removed or disabled.

3.    Provide a statement under penalty of perjury that you have a good faith belief that the copyrighted material was removed or disabled because of a mistake or misidentification.

4.    Provide your name, address, phone number and email address.

5.    Provide a statement that you consent to the jurisdiction of the Federal District Court in the district where you are located.

6.    Accept service of process from the complainant.

The DMCA provides that the copyrighted material that was removed or disabled will be restored or re-enabled upon receipt of valid counter-notification. US copyright law provides substantial penalty for a false counter-notice filed in response to a notice of copyright infringement.

NOTE: DMCA notices and counter-notices are only accepted to address copyright infringement claims and are not the proper method to report other legal claims (non-copyright issues such as trademark, defamation or privacy, terms of use, etc.).