Terms and Conditions
The Service is an online information and communications service provided by Indiana University Health, subject to your compliance with the terms and conditions set forth below, including all exhibits hereto and the other information which is available in the registration process and on the Service ("Information") and incorporated by reference in this Agreement. This Agreement consists of the Disclaimer set forth above and the terms and conditions set forth below, including all exhibits hereto and the Information.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND THE DISCLAIMER. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS AND DISCLAIMER, YOU MAY NOT ACCESS OR USE THE SERVICE. IU HEALTH MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Software License. By this Agreement, IU Health grants to you, subject to the terms of this Agreement, a non-transferable and non-exclusive license to use any software and documentation, together with all updates, enhancements, modifications and fixes thereto, which are owned by IU Health and/or its Information Providers and other licensors (together with the Information Providers, "Licensors").
2. Equipment. You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and Internet access service) necessary to access the Service.
3. Operating Policies. You agree to comply with the Operating Policies set forth in Exhibit A, which are the rules that govern user activity in connection with the Service as they may be amended by IU Health from time to time. IU Health may remove any communications and materials that IU Health believes in its sole discretion to violate the Operating Policies; however IU Health does not guarantee that it will remove any or all of such material. Violations of the Operating Policies or other provisions of this Agreement may also result in termination or suspension of the Service.
4. Copyright, Licenses and Idea Submissions. The entire contents of the Service are copyrighted as a collective work under the United States and other copyright laws. IU Health holds the copyright in the collective work. The collective work includes works, which are the property of IU Health's Licensors, which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Service solely for your own non-commercial use. Any redistribution, retransmission or publication of any material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Service.
You agree to grant to IU Health a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Service (such as chat rooms, discussion boards, forums and other communities) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against IU Health for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
5. Review. IU HEALTH RESERVES THE RIGHT, BUT IS NOT OBLIGATED, TO REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE SERVICE AND TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY OR OBSCENE, (B) FRAUDULENT, DECEPTIVE OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER, OR (D) OFFENSIVE, OBJECTIONABLE OR OTHERWISE UNACCEPTABLE TO IU HEALTH AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
6. Indemnification. You agree to indemnify, defend and hold harmless IU Health, its officers, directors, employees, agents, suppliers and Licensors (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account.
7. Third Party Rights. The provisions of paragraphs 5 (Review) and 6 (Indemnification) are for the benefit of IU Health and its officers, directors, employees, agents, suppliers and Licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
8. Term; Termination. This Agreement shall commence upon your accessing the Service and/or completing the registration process. This Agreement may be terminated by IU Health without notice at any time for any reason and may be terminated by you upon notice to IU Health at any time for any reason. The provisions of the Disclaimer set forth above and of paragraphs 4 (Copyright, Licenses and Idea Submission), 5 (Review), 6 (Indemnification), 7 (Third Party Rights) and 9 (Miscellaneous) shall survive any termination of this Agreement.
9. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. You agree that any legal action or proceeding between IU Health and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Marion County, Indiana. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. IU Health's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. IU Health may assign its rights and duties under this Agreement to any party at any time without notice to you.
Trademarks and service marks appearing on the Service may be owned by other parties including third parties not affiliated with IU Health.
10. Notice. IU Health may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in IU Health's account information. You may give notice to IU Health at any time via electronic mail to IU Health or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
IU Health Marketing and Corporate Communications
340 W. 10th St., Ste. 5200
P.O. Box 1367
Indianapolis, IN 46206
These operating policies govern your conduct on the Service. Your failure to comply with these policies may result in suspension or termination of your access to the Service and depending on the circumstances legal action against you.
1. Requirements. You must be an individual at least 13 years of age to register and you must register on the Service under your own name. Please inform IU Health promptly if there is a change in the information you provided to IU Health at the time of registration, including change of address or name.
2. Account Access. If/when you initially register for the Service, you will be asked to select a User ID and Password. IU Health reserves the right to reject or change any User ID you select for any reason in its sole discretion.
3. Online Communications. Your participation in online communications (discussion boards) is moderated. IU Health reserves the right to monitor content on the Service (including, without limitation, discussion boards) and to remove content which IU Health, in its sole discretion, determines to be abusive, defamatory, obscene, fraudulent, deceptive, misleading, offensive, objectionable or otherwise unacceptable, in violation of the intellectual property right of another or otherwise in violation of these Operating Policies for users of the Service ("Members").
4. Members may not post or transmit any message anonymously or under a false name. Members may not permit any other person (other than an agent acting on Member's behalf and subject to Member's supervision) to access the Service using Member's account for any purpose.
5. Members may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. Members may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
6. Members may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
7. Members may not interfere with other Members' use of the Service, including, without limitation, disrupting the normal flow of dialog in a chat room.
8. Members may not post or transmit any file which contains viruses, worms, "Trojan horses", or any other contaminating or destructive features.
9. Members may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Service's intent to discourage Members from taking controversial positions or expressing vigorously what may be unpopular views; however, IU Health reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful or otherwise unacceptable.
10. Members may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. Members may not post or transmit any advertising, promotional materials or any other solicitation of other Members to use or purchase goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
11. Members may not: (a) post a single article to more than five (5) areas of the Service; (b) post to any area which is off-topic according to the owner of the area; or (c) send unsolicited mass e-mailings to other Members.
12. Members may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any activity which is illegal or which infringes on or violates the rights of others.
The information contained in this online site (the "Service") is presented in summary form only and intended to provide broad consumer understanding and knowledge of health care topics. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. The Service does not recommend the self-management of health problems. Information obtained by using the Service is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here.
The information is compiled from a variety of sources ("Information Providers"), including but not limited to IU Health Partners, Inc., A.D.A.M. and Rodale Health. Neither IU Health nor its affiliates ("IU") nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. Liability of IU Health or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided. In no event shall IU Health or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if IU Health or the Information Provider has been advised of the possibility of such damages. Neither IU Health nor any Information Provider shall be responsible for any statements or materials posted in chat rooms, discussion boards, forums or other communities on the Service under any theory of liability or indemnity.
Information accessed through this Service is provided "AS IS" and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. IU Health and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information. IU Health and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. IU Health and Information Providers cannot and do not guarantee or warrant that files available for downloading from this Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
Online discussion boards, forums and other communities on this Service are moderated forums. The messages posted in these forums are not checked for medical accuracy. The opinions expressed in these forums reflect only the opinions of the individual authors and do not reflect the viewpoint of IU Health or any of its Information Providers. The Service is not responsible for any statements or materials posted in these forums.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. IU HEALTH AND INFORMATION PROVIDERS HAVE NO CONTROL OVER AND ACCEPT NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Internet Social Media Site User Agreement
BY POSTING ON ANY Indiana University HEALTH PARTNERS, INC. INTERNET SOCIAL MEDIA SITE YOU AGREE TO THESE TERMS.
- If you are an IU Health WORKFORCE MEMBER you are expected to also adhere to IU Health's POLICIES AND PROCEDURES RELATED TO INTERNET SOCIAL NETWORKING.
- You must be at least 18 years old to post any content on an IU Health Internet Site.
- You are prohibited from posting any content that is confidential or personal health information including patient images on any IU Health Internet Site without appropriate approval and documentation.
- Nothing here is intended as medical advice. Information posted here should not be used in place of professional clinical expertise. Therefore, by participating, you agree that IU Health shall not be responsible for information provided herein under any theory of liability or indemnity.
- You are prohibited from using the IU Health Internet Site to provide medical advice or medical commentary by non-IU Health physicians or to use the IU Health Internet Site to make, recommend or increase referrals to physicians who are not employed by IU Health.
- As a guest posting content to a IU Health Internet Site, you agree that you will not: violate any local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws regarding any content that you send or receive via this site; transmit any material (by uploading, posting, email or otherwise) that is unlawful, disruptive, threatening, profane, abusive, harassing, embarrassing, tortuous, defamatory, obscene, libelous, or is an invasion of another's privacy, is hateful or racially, ethnically or otherwise objectionable as solely determined in IU Health's discretion; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships; transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising (including advertising of non-IU Health services or products), promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation; transmit any material (by uploading, posting, email or otherwise) that contains software viruses, worms, disabling code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge and consent; or to share confidential pricing information of any party.
- IU Health reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue access to any IU Health Internet Site, at any time, without notice and for any reason and in its sole discretion. IU Health may remove, delete, block, filter or restrict by any other means any materials in IU Health's sole discretion. You understand and agree that IU Health may disclose your communications and activities with IU Health in response to lawful requests by governmental authorities, including Patriot Act requests, judicial orders, warrants or subpoenas, or for the protection of IU Health rights. You agree that in the event that IU Health exercises any of its rights hereunder for any reason, IU Health will have no liability to you.
- By posting content on a IU Health Internet Site, you recognize that the forum is public that the posted information becomes public.
- You shall defend, indemnify, and hold IU Health and its corporate affiliates and their respective officers, directors, employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your posting of any content to an IU Health Internet Site, any third party claims of infringement or any breach of this Agreement.
- YOU EXPRESSLY ACKNOWLEDGE THAT YOU ASSUME ALL RESPONSIBILITY RELATED TO THE SECURITY, PRIVACY, AND CONFIDENTIALITY RISKS INHERENT IN SENDING ANY CONTENT OVER THE INTERNET. By its very nature, a web site AND THE INTERNET cannot be absolutely protected against intentional or malicious intrusion attempts. IU Health does not control the THIRD PARTY SITES AND THE Internet over which you may choose to send confidential personal or health information OR OTHER CONTENT and, therefore, IU Health DOES NOT WARRANT ANY SAFEGUARD AGAINST ANY such interceptions or compromises to your information. When posting any content on an Internet site, you should think carefully about your own privacy in disclosing detailed or private information about yourself and your family.
- FURTHERMORE, IU Health DOES NOT ENDORSE ANY PRODUCT, SERVICE, VIEWS OR CONTENT DISPLAYED ON THE INTERNET SITE.
- You agree that any claim or dispute relating to your posting of any content on an IU Health Internet Site shall be construed in accordance with the laws of the State of Indiana without regard to its conflict of laws provisions and you agree to be bound and shall be subject to the exclusive jurisdiction of the local, state or federal courts located in Marion County, Indiana.
- You may not provide any content to an IU Health Internet Site that contains any product or service endorsements or any content that may be construed as political lobbying, solicitations or contributions or use the IU Health Internet Site to link to any sites or political candidates or parties or use the IU Health Internet Site to discuss political campaigns, issues or for taking a position on any legislation or law.
If you link to this site, you agree to comply with IU Health's following linking agreement:
IU Health Linking Agreement
IU Health ordinarily does not prohibit links to its web site, provided that any such link does not improperly connote an endorsement by or affiliation with IU Health, or otherwise adversely impact or negatively describe IU Health.
By linking to any page on IU Health's web site, you agree to be bound by the terms and conditions as set forth below:
Links may be text-based using the words, such as "IU Health" or "iuhealth.org" (the "Licensed Marks").
You may not use the IU Health logo as a link. By linking, you acknowledge and agree that, other than as set forth herein all rights to the Licensed Marks, other IU Health marks, the content appearing on the IU Health site, and the design of the IU Health site belong to IU Health.
You may not create frames around IU Health's web pages or use other techniques that alter in any way the visual presentation or appearance of IU Health's web site.
You must not misrepresent your relationship with IU Health or present false or misleading impressions about IU Health. No links to IU Health's web site may be used in a manner that implies or suggests that IU Health approves or endorses you, your web site or your goods and services. You may not use our logo on external web sites and on social networking sites such as MySpace, Facebook Twitter, or YouTube without IU Health's specific prior written authorization.
IU Health shall have no responsibility or liability for any content appearing on your web site. You agree to indemnify and defend IU Health against all claims arising out of or based upon your web site.
No link(s) may appear on any page on your web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
IU Health may at any time, in its sole discretion, without cause, terminate the license granted herein to use the Licensed Marks and your right to link to any pages on the IU Health web site. In such event upon request, you agree to immediately remove all links to IU Health's web site and to cease using the Licensed Marks.
- THIS AGREEMENT MAY BE UPDATED AT ANY TIME WITHOUT NOTICE, AND EACH TIME A USER ACCESSES AN IU HEALTH INTERNET SITE, THE NEW AGREEMENT WILL GOVERN USAGE, EFFECTIVE UPON POSTING. To remain in compliance, IU Health suggests that you review the Agreement, as well as the other website policies, at regular intervals. By continuing to post any content after such new terms are posted, you accept and agree to any and all such modifications to this Agreement.