Terms and Conditions of Use

Cleveland Clinic Manos Medication Monitoring Platform (hereinafter “M3P”) Terms and Conditions of Use ("Agreement")

FOR ALL MEDICAL EMERGENCIES, IMMEDIATELY DIAL 911. DO NOT USE THIS APPLICATION TO COMMUNICATE MEDICAL EMERGENCIES.

M3P is a data collection tool that is part of the Medication Monitoring Clinic (the “MMC”) of The Cleveland Clinic Foundation (the “Cleveland Clinic”). M3P was created and is maintained by Cleveland Clinic for use by Cleveland Clinic healthcare providers, their patients, and those other individuals as designated, to provide coordinated patient care through collaboration and secure data sharing. This Agreement contains the terms and conditions of use by which users of M3P are bound when using the service. By use of M3P, a user agrees to the following:

Definitions.
1. “Administrator” or “Admin” means an End User that is a Cleveland Clinic employee or authorized representative who: (i) is involved in treatment or care of Patient and who has been appropriately authorized to create and use an account in M3P, (ii) has access to Patient’s M3P health information, to change, add to, or otherwise update Patient’s M3P health information; (iii) can create, add, or delete user accounts in M3P, and; (iv) can update Patient’s medications within M3P.
2. Assessment” means the written evaluation of Patient created and submitted by an End User in M3P to be used by the Care Team to inform part of Patient’s care.
3. “Care Team” means the group of Admins, Clinicians, and other caregivers responsible for providing care to Patient.
4. “Clinician” means an End User that is a Cleveland Clinic employee who: (i) is involved in the treatment or care of Patient and who has been appropriately authorized to create and use an account in M3P; (ii) has access to Patient’s M3P health information, and; (iii) can change, add to, or otherwise update Patient’s M3P health information.
5. “End User” means an individual who has access to and uses M3P by way of a unique user account designated as one of “Admin”, “Clinician”, “Parent”, “Mentor”, or “Patient”.
6. “Parent” means a parent or legal guardian of Patient who has legal authority under applicable law to: (i) direct Patient’s care; (ii) make treatment decisions on behalf of Patient; and (iii) have access to Patient’s medical records. Parent can: (a) upon invite by a member of the Care Team, create a “Parent” user account and access the platform; (b) create and submit Assessments about Patient, and; (c) invite, for purposes of providing Assessments of Patient, mentor(s) to participate in the “Mentor” role on M3P (as that term is defined below).
7. “Patient” means the individual who is receiving care through Cleveland Clinic or one of its affiliates and receives at least part of that care through the MMC.
8. “Mentor” means an individual invited by an End User Parent to create an End User Mentor account to participate in Patient’s care through the submission of Assessments to M3P.
M3P is designed as a secure, internet-based software application through which certain aspects of Patient’s care can be analyzed, coordinated, and directed. End Users may create and/or receive certain confidential medical information through use of M3P. Each End User is responsible for creating and remembering their unique M3P ID and password, and for appropriately safeguarding both the M3P ID and password as confidential information. Additionally, each logon by certain End Users will require a unique verification code sent to the email address provided to Cleveland Clinic by that End User. Failure by End User to maintain an accurate record of End User’s email address with the Cleveland Clinic may result in End User’s inability to log in to M3P. Cleveland Clinic shall not be liable for any damages that result from a failure to keep such password, email address, or unique verification code(s) secure.
End User will gain access to M3P once they have successfully created an account. End User is responsible for providing accurate and up-to-date information when creating an account, and agrees that failure to do so may result in the rejection or termination of End User’s account.
Cleveland Clinic grants End User a limited, non-exclusive, non-transferable, revocable license to make personal use only while in the United States, of the M3P application and the associated services in accordance with this Agreement and at all times in furtherance of the treatment of Patient. This license expressly excludes, without limitation, any right of reproduction, duplication, sale, resale or other commercial use of the application and the associated services, making any derivative of the application or the associated services, the collection and use of user email addresses or other user information, including, without limitation, health information or any data extraction or data mining whatsoever.
By accessing or using M3P, End User agrees to be bound by all the terms and conditions of this Agreement, as well as the Privacy Policy incorporated herein by reference to this link http://my.clevelandclinic.org/about-cleveland-clinic/about-this-website/privacy-security.aspx. It is important to review the Agreement and Privacy Policy periodically, as we may modify this Agreement and the Privacy Policy at any time, and End User agrees that such modifications are effective and binding upon End User immediately upon the posting of the modified version.
Once an M3P record has been created and linked to Patient, the M3P record will become a vehicle through which each End User will have account-specific abilities to contribute to and review certain aspects of Patient’s care. End User may receive email notification whenever a new result, message, or other communication has been released to End User's M3P account. From time to time, Patient, Parent, or Mentor may receive email notices and messages from the Care Team and/or Cleveland Clinic.
End User agrees that M3P is a service offered only as a convenience tool to Cleveland Clinic patients, and that each End User is solely responsible for any M3P content that End User intentionally or unintentionally communicates to others. EACH END USER HEREBY ASSUMES THE SOLE LIABILITY FOR THEIR ACTIONS IN USING M3P, AND SHALL HOLD CLEVELAND CLINIC HARMLESS AND DEFEND AGAINST ALL DAMAGES RELATED TO SUCH USE, OR DIRECTIONS GIVEN TO CLEVELAND CLINIC UPON WHICH CLEVELAND CLINIC RELIES.
Parent understands that not all of Patient’s Cleveland Clinic medical record will appear on M3P, and that neither Patient nor Parent have a right to receive a complete copy of Patient’s medical record via M3P. Requests for Patient medical records must be made in accordance with existing Cleveland Clinic policies and procedures.
End User can discontinue their use of M3P at any time. End User can request the deletion of their M3P account by contacting Admin. End User Admin who wishes or needs to discontinue their use of M3P for reasons not related to disciplinary action or a change of employment status must obtain permission from Cleveland Clinic or another Admin.
End User agrees that they will not submit or send any harassing, threatening, illegal, or offensive material to M3P.
Failure to comply with the terms and conditions herein may result in End User’s removal from M3P. Cleveland Clinic reserves the right, at its sole discretion, to suspend or discontinue End User’s use of this service and to discontinue the general use of the service itself. Cleveland Clinic will make reasonable efforts to notify End User if the M3P service is discontinued if End User has an active account at the time the service is discontinued.
Assessments submitted via M3P will be made part of Patient's medical record.
Downloads of medical information from M3P are limited to certain End User accounts, and can only be carried out for purposes of Patient’s care or for updating or making changes to Patient’s medical record. All downloads must be undertaken in accordance with the terms of this Agreement, as well as any applicable Cleveland Clinic policies and procedures, and in accordance with applicable law.
PARENT AGREES AND INTENDS THAT CLEVELAND CLINIC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES THAT RESULT FROM, OR ANY ACTIONS CLEVELAND CLINIC TAKES THAT RESULT FROM, THE SELECTION OF THE RECIPIENT OF THE INFORMATION OR THE SUBSEQUENT USE OR DISCLOSURE OF SUCH INFORMATION AFTER THE DOWNLOAD OR TRANSMISSION OCCURS, AS DIRECTED BY PARENT. PARENT AGREES TO HOLD CLEVELAND CLINIC HARMLESS FROM ANY DAMAGES RESULTING FROM SUCH A RELEASE TAKEN ON BEHALF OF PARENT AND AS DIRECTED BY PARENT, AND FURTHER, WAIVES ALL LIABILITY OF CLEVELAND CLINIC ASSOCIATED WITH SUCH A RELEASE AS DIRECTED BY PARENT. PARENT UNDERSTANDS AND AGREES THAT CLEVELAND CLINIC CANNOT AND DOES NOT VERIFY RECEIPT OF PATIENT’S RECORD AT THE DESIGNATED RECIPIENT LOCATION.
All communications using M3P are carried over a secure, encrypted connection. Once information enters this application, it is protected with industry standard encryption software. While security is foundational to the application, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using M3P, information will be transmitted over a medium that is beyond the control of the Cleveland Clinic and its contractors. Once the information is received by Cleveland Clinic, Patient's medical information will be treated as confidential and given the same protection that all other Cleveland Clinic medical records are given. END USER HEREBY EXPRESSLY ASSUMES THE SOLE RISK OF ANY UNAUTHORIZED ACCESS AND/OR DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SERVICE AND AGREES THAT M3P IS NOT ERROR-FREE.
This APPLICATION, and all other sites hosted by Cleveland Clinic, and the content contained herein and therein, are provided by Cleveland Clinic on an "As Is" basis. Cleveland Clinic makes no representations or warranties of any kind, express or implied, as to the operation of its sites, or the content, products and/or services included therein. To the fullest extent permissible by applicable law, Cleveland Clinic disclaims all warranties, express, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and/or infringement.
Some material on M3P, now or in the future, may be provided by third parties. Cleveland Clinic shall not be held responsible for any such third-party material. Cleveland Clinic disclaims any responsibility for or liability related to such third-party material and End User uses of such third-party material. Any questions, complaints, or claims related to such third-party material should be directed to the appropriate third party.
Cleveland Clinic reserves the right in the future to charge a fee for the use of M3P. In the event of such a change, End User will be notified and given an opportunity to re-apply to M3P to continue the service with the fee.
End User agrees that the law applicable to any claim or dispute relating to M3P or End User's reliance on M3P, and all activity and any dispute that might arise between End User and Cleveland Clinic, its doctors, nurses, staff or other affiliates hereunder, regardless of where End User resides, shall be Ohio law, subject to the exclusive jurisdiction of the local, state or federal courts located in Cuyahoga County, Ohio.
The failure of Cleveland Clinic to enforce any term of the Agreement for any period of time does not constitute a waiver of its right to enforce these terms.
All content included on Cleveland Clinic websites or applications, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data, in any form including the compilation thereof, are protected by U.S. and international copyright law and conventions. The content includes both content owned or controlled by Cleveland Clinic and content owned or controlled by third parties and licensed to Cleveland Clinic. Except as set forth below, direct or indirect reproduction of the content, in whole or in part, by any means, is prohibited without the express written consent of Cleveland Clinic. M3P is a service offered as a convenience to Cleveland Clinic patients. Cleveland Clinic reserves the right, at its sole discretion, to discontinue the Service at any time.