Terms of Service
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 terms and conditions set forth below, including all exhibits hereto and the Information.
PLEASE NOTE THAT IU HEALTH MAY TERMINATE THE SERVICE AT ANY TIME WHICH WILL RESULT IN THE DELETION OF ANY DATA STORED ON THE SERVICE (“DATA”). IT IS STRONGLY ENCOURAGED THAT USERS OF THE SERVICE MAKE A COPY OF ALL DATA THAT THEY WISH TO KEEP IN THE EVENT THAT THE SERVICE IS TERMINATED. IU HEALTH IS NOT RESPONSIBLE FOR ANY DATA LOST DUE TO THE TERMINATION OF THE SERVICE.
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 does not monitor your use of the Services, but 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.
5. Review. IU HEALTH WILL NOT REVIEW ANY COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE SERVICE.
6. Communication. Other than the “Feedback” feature, which is solely for the technical support of the Service, this Service is not a communication service. If you wish to contact a health provider, you should contact your regular health provider or message your IU Health provider via https://myiuhealth.org/.
7. 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.
8. 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.
9. Outside the Service. You may export and share Data outside of the Service. Once Data is exported and removed from the Service, it is outside the control of IU Health and you assume full responsibility for the Data, including the privacy and security of the Data.
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 and Idea Submission), 5 (Review), 7 (Indemnification), 8 (Third Party Rights) and 11 (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.
Trademarks and service marks appearing on the Service may be owned by other parties including third parties not affiliated with IU Health.
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
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 14 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. You may not post or transmit any file which contains viruses, worms, "Trojan horses", or any other contaminating or destructive features.