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Submission: On November 05 via manual from US — Scanned from DE
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LEGAL NOTICES
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* Digital Privacy and Tracking Notice
* HIPAA Notice of Privacy Practices
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Terms of Use
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* Terms of Use
* Digital Privacy and Tracking Notice
* HIPAA Notice of Privacy Practices
* Non-discrimination Notice
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.
FOR GENERAL INFORMATION
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