Legal Notices

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE. IU HEALTH MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT NOTICE, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU AGREE TO REVIEW THIS 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.

Medical Disclaimer

If you are having a medical emergency, seek urgent or emergency care at an appropriate facility near you. For health care-related questions, contact your health care provider promptly. Do not disregard medical advice or delay seeking medical care because of something you have read here.

Medical Content and General Disclaimer

Medical content in the Service (as defined below) is presented in summary form only and intended to provide broad consumer understanding and knowledge of health care topics and does not create a provider-patient relationship. The medical content is not complete and does not replace communication with or the advice of your health care provider. The Service does not recommend the self-management of health problems. Medical content in the Service is not comprehensive and does not cover all diseases, ailments, physical conditions, or their treatment.

Medical content is compiled from a variety of sources ("Medical Content Providers"). Neither IU Health nor its affiliates ("IU Health") nor any Medical Content Provider shall be responsible for medical content under any theory of liability or indemnity. In no event shall IU Health or Medical Content Providers, if any, be liable to you for any damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement whether direct or indirect, special, incidental, consequential, or punitive damages) arising out of your use of medical content in the Services. Neither IU Health nor any Medical Content Provider shall be responsible for any statements or materials posted by Users on the Service under any theory of liability or indemnity.

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 makes no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the Service. IU Health does not warrant against human and machine errors, omissions, delays, interruptions or losses. IU Health does 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.

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 MEDICAL CONTENT PROVIDERS HAVE NO CONTROL OVER AND ACCEPT NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

Definition of Services and Agreement

The “Service” is made up of “Tools” which include the information on iuhealth.org, the My IU Health Patient Portal, and mobile applications or other IU Health branded and provided websites that direct you to the Legal Notices page at iuhealth.org/legal-notices. The Service is an online information and communications service provided by Indiana University Health, Inc. (either directly or via its contractors and Licensors). Your use of the Service is subject to all terms on the Legal Notices page iuhealth.org/legal-notices, your compliance with the Terms of Use below and the instructions for use available in the registration process and in the Service ("Information"), all of which are incorporated by reference and made a part of this Agreement between you (a User of the Services) and Indiana University Health, Inc.

1. Software License. IU Health grants to you, subject to the terms of this Agreement, a revocable, non-transferable and non-exclusive license to use any software and documentation, together with all updates, enhancements, modifications and fixes thereto; and the content of the Services which are owned by IU Health and/or its Medical Content Providers and other contractors and licensors (all together, "Licensors").
2. IU Health Rights.
   1. IU Health reserves the right to monitor content on the Service and to remove, delete, block, filter, or restrict content for any or no reason and in its sole discretion. Additionally, IU Health reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue access to the Service, at any time, without notice and for any or no reason and in its sole discretion.
   2. You 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.
   3. You agree that in the event IU Health exercises any of its rights hereunder for any reason, IU Health will have no liability to you.
3. Acceptable Use Terms and Special Terms. You agree to comply with the Acceptable Use Terms (listed below) including any Special Terms for the Category of Tool governing your activity in connection with the Service, as updated by IU Health from time to time without notice to you. IU Health may but has no obligation to remove any communications and materials that IU Health believes in its sole discretion to violate this Agreement. Violations of this Agreement may also result in termination or suspension of the Service or a portion of the Service.
   1. Terms Applicable to All Tools in the Service
      1. Minimum Age. By accessing, browsing or using My IU Health, or communicating via other electronic Tools provided by IU Health, you represent and agree that you are at least eighteen (18) years old or have proper adult permission for an account as an adolescent between the ages of 14-17.
      2. Account Access.
         1. If/when you initially register for the Service, you may be asked to input user identification information (e.g. a User ID or Password). IU Health reserves the right to reject or change any user identification information for any reason in its sole discretion. Unless otherwise stated below, you must be an individual at least 13 years of age to register and you must register on the Service under your own name.
         2. You agree to promptly inform IU Health if there is a change in the information you provided to IU Health at the time of registration, including change of address or name.
         3. You agree to review Sections (2) Registration and (4) Changing or Deleting Your Information that You Provide to Us on IU Health’s Digital Privacy and Tracking Notice for more information.
      3. Acceptable Use By using the Services, you agree that you will:
         1. Not violate any local, state, federal and/or international laws and regulations.
         2. Not violate copyright and intellectual property rights laws regarding any content you send or receive via the Services.
         3. Not use the Services to provide medical advice or medical commentary nor to make, recommend or increase referrals to competitors.
         4. Not post or transmit any information under a false name or otherwise misrepresent your affiliation with a person or entity.
         5. Not permit any other person or entity (other than an agent acting on your behalf and subject to your supervision) to access the Service using your account for any purpose.
         6. Not post or transmit information anonymously except cases in which the IU Health application permits or requires anonymous posting.
         7. Not post or transmit any message which is libelous, defamatory, or which discloses private or personal matters including health information concerning any person or entity.
         8. Not post or transmit any message, data, image or program which could be perceived to be indecent, obscene or pornographic.
         9. Not interfere with other Users' use of the Service.
         10. Not post or transmit any content which contains malware, viruses, worms, "Trojan horses", or any other contaminating or destructive features designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
         11. Not transmit any content (by uploading, posting, email or otherwise) which is harmful, threatening, abusive, harassing, embarrassing, obscene, tortuous, hateful or racially, ethnically or otherwise objectionable.
         12. Not post any content in support of a political party or candidate.
         13. Not post or transmit advertising including charity requests, petitions for signatures, spam, chain letters, pyramid schemes or any other form of solicitation or sale of a good or service.
         14. 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 communications.
         15. Not use 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.
      4. User Content – Prohibition on PII and PHI. You should not post confidential information, personally identifiable information (“PII”) or personal health information (“PHI”) outside of My IU Health patient portal unless specifically prompted to do so as necessary to gain access to an application and its user tools subject to the Special Terms for Direct to Provider Communication Tools set forth below. When you submit or transmit communications through, or in connection to IU Health sites or third-party sites (“User Content”) to any IU Health Site or third-party site, you agree that such communications or User Content which make you personally identifiable or that identifies your PHI, including, but not limited to, information regarding any medical conditions(s) e.g. names, room numbers, medical terms, etc. may be used for its intended purposes subject to the HIPAA Notice of Privacy Practices and IU Health’s Digital Privacy and Tracking Notice. You represent that you own or have the necessary permissions to use and authorize the use of User Content as described herein.
   2. Special Terms Applicable to Categories of Tools
      1. Special Terms for Direct to Provider Communication Tools provided to you as a part of the Service to access your electronic health information, communicate directly with your health care provider or access medical care:
         1. Tools for direct care team communications, such as My IU Health (https://myiuhealth.org), are provided as a source of information to support and not to replace the relationship that exists between you and your healthcare providers. You must register in these Tools under your own name and keep your contact information in your My IU Health account up to date.
         2. You may disenroll from a My IU Health account at any time by calling My IU Health Customer Support, Monday - Friday, 8 am - 4:30 pm, at 317.963.1661 or online at any time using your My IU Health account settings.
         3. If you initially enroll in person for My IU Health, you will be provided with an activation code, which will no longer be valid once you have created your personal login. The activation code allows you to create a personal login with an email address and password that you create.
         4. The user identification information that you choose are your confidential credentials allowing you access to My IU Health; keep them secret. Anyone with access to your user identification information is able to access your confidential medical information. That person is also able to read your messages and send communications as if he/she were you. No one at IU Health will know your password and you are responsible for maintaining the confidentiality of any login information. If at any time you feel that your security has been compromised, it is your responsibility to change your password. You can change your password and other security preferences online on the My IU Health website at any time.
         5. As a registered user, you are permitted to give authorized representative access to another adult. If you agree to be an authorized representative or are offered authorized representative access, you must also agree to abide by this Agreement including these Special Terms for Direct to Provider Communication Tools in the Service. A My IU Health user may request authorized representative access for another individual at the patient's IU Health clinical office or, if there are additional concerns, by calling My IU Health Customer Support at 317.963.1661. The parent(s) or legal guardian(s) of a child who is younger than 14 years old may have authorized representative access to the minor's My IU Health account; such access will only be granted to the extent that the individual given authorized representative access can demonstrate the legal right to the account holder's medical information. Authorized representative access by parents and legal guardians of minors is limited after the minor patient turns 14 years old as minors can consent to limited health care under the law, which remains private to minors, and therefore, authorized representative access for 14–17-year-olds requires approval of the minor. This authorized representative access process is completed at the patient’s IU Health clinical office or, if there are additional concerns, by calling My IU Health Customer Support at 317.963.1661. If the authorized representative's legal relationship with the account holder changes, then the authorized representative holder or account holder must notify IU Health by calling My IU Health Customer Support at 317.963.1661 to request changes. IU Health reserves the right to revoke authorized representative access at any time for any reason.
      2. Special Terms for Your Transfer of Information From the Service
         1. You may download files from My IU Health and copy information from the Service. When you do, you are responsible for the security of the downloading of that information in whatever form and location as well as controlling who has access to that information when you store it.
         2. Pursuant to 45 CFR 164.524(a)(1),(c)(2)(ii), (c)(3)(ii), you may instruct IU Health, as a Covered Entity, to direct your ePHI to a third-party app. Pursuant to guidance from the Department of Health and Human Services, IU Health is not responsible for unauthorized access to your ePHI while in transmission to a third-party app at your direction. You, not IU Health, are responsible for the security of your health information once you direct IU Health to send it. You do so at your own risk. For further resources, see hhs.gov.
      3. Special Terms for Other Communication Tools. As a part of the Service, IU Health provides Other Communication Tools that are not intended to be used to communicate protected health information (medical information) nor other private nor sensitive information, such as Tools for Workforce Member recognition, Satisfaction Survey Tools, or other public areas of the Service.
         1. You 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, news feeds, discussion boards, forums and other communities) via Other Communication Tools. 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.
         2. When submitting any information via Other Communication Tools, you should think carefully about your own privacy and not disclose detailed or private information about yourself and your family.
      4. Special Terms for IU Health Workforce Members
         1. As a condition of system access and employment (if applicable) access, IU Health WORKFORCE MEMBERS, including employees, volunteers, trainees, students, and contractors, must also comply with all of IU Health's POLICIES AND PROCEDURES, including, but not limited to those RELATED TO PRIVACY, DATA SECURITY, INTERNET SOCIAL NETWORKING, AND ACCEPTABLE USE OF INFORMATION SYSTEMS.
         2. IU Health may make Tools available to you to access your benefits, for your health and wellbeing, and for other purposes related to your benefits or your employment. By using any of those Tools, you agree to also comply with this Agreement.
      5. Copyright, Licenses. 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, translation, or publication of any material (including, but not limited to translations into another language) 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. Trademarks and service marks appearing on the Service may be owned by other parties including third parties not affiliated with IU Health.
      6. Indemnification. You agree to indemnify, defend and hold harmless IU Health and its corporate affiliates and their respective officers, directors, employees, agents, suppliers, contractors, successors, assigns 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. You 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 use of the Tools and Services, any third party claims of infringement or any breach of this Agreement.
      7. Acceptance of Risk of Internet Usage. YOU EXPRESSLY ACKNOWLEDGE THAT YOU ASSUME ALL RESPONSIBILITY RELATED TO THE SECURITY, PRIVACY, AND CONFIDENTIALITY RISKS INHERENT IN USING THE INTERNET. By its very nature, a website AND THE INTERNET cannot be absolutely protected against intentional or malicious intrusion attempts. IU Health does not control the THIRD PARTY SITES NOR THE INTERNET and, therefore, IU Health DOES NOT WARRANT ANY SAFEGUARD AGAINST ANY such interceptions or compromises to your information.
      8. Third Party Sites FURTHERMORE, IU Health DOES NOT ENDORSE ANY PRODUCT, SERVICE, VIEWS OR CONTENT DISPLAYED ON THE INTERNET SITE. Even if a link is provided, IU Health does not warrant or make any representation about the substance, quality, functionality, accuracy, or any other representation about any third-party site or its contents. The conditions of use and privacy policy of any third-party site may differ substantially from the conditions of use and legal notices that apply to your use of the Service. IU Health encourages users to review the third-party's site for more information on what terms and conditions apply to your use of the third-party site.
      9. Third Party Rights. The provisions of paragraph 5 (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.
      10. 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), 5 (Indemnification), 8 (Third Party Rights) and 10 (Miscellaneous) shall survive any termination of this Agreement.
      11. 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.
      12. 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
          Attn: Webmaster
          340 W. 10th St., Ste. 5200
          P.O. Box 1367
          Indianapolis, IN 46206
          
      13. IU HEALTH LINKING AGREEMENT. If you link to this Service, you agree to comply with the IU Health Linking Agreement:
          1. IU Health ordinarily does not prohibit links to its website(s), 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 website(s), you agree to be bound by the terms and conditions as set forth below.
          2. Links may be text-based using words, such as "IU Health" or "iuhealth.org" (the "Licensed Marks").
          3. 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 website(s), and the design of the IU Health website(s) belong to IU Health.
          4. 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 website(s).
          5. You must not misrepresent your relationship with IU Health or present false or misleading impressions about IU Health. No links to IU Health's website(s) may be used in a manner that implies or suggests that IU Health approves or endorses you, your website or your goods and services. You may not use our logo on external websites and on social networking sites such as Instagram, Facebook, Tik Tok, Twitter, or YouTube without IU Health's specific prior written authorization.
          6. IU Health shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend IU Health against all claims arising out of or based upon your website.
          7. No link(s) may appear on any page on your website 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.
          8. 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 website. In such an event upon request, you agree to immediately remove all links to IU Health's website and to cease using the Licensed Marks.