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.
IU Health is dedicated to maintaining the highest standards for privacy, security, credibility and reliability. We present this policy to give you a clear understanding of how we operate our Web site and how we handle your personal information.
When you visit and navigate our Web site, we will not collect personal information about you unless you provide us that information voluntarily. By "personal information," we mean data that is unique to an individual, such as a name, address, e-mail address or telephone number.
You are always welcome to use the IU Health site without registering or providing any personal information. However, we require you to register for certain services, including our free health e-mails, discussion boards (when available), and other features, including online bill pay. When you use these features, we will clearly disclose what information is required, what information is optional and how that information may be used.
When you register for free e-mails, we require the following personal information: e-mail address, first and last name, zip code, year of birth, gender, marital status and number of children under age 18 living in your household. We also ask you to select a personal password. In addition, we give you the option to provide additional information, including city, state and topics of interest.
We use this information in aggregate form only. In other words, we combine the information with data collected from other individuals to produce anonymous, aggregated statistical information. We collect and use demographic information, such as the percentage of female visitors or the number of visitors of a certain age, in order to improve the content of our site. We also may share this anonymous, aggregated information, which does not identify individuals, with partners or other third parties. In instances where third parties may receive anonymous, aggregated user information collected on our site, our agreements with the third parties, including sponsors, generally provide that the third parties will not use the anonymous, aggregated user information to identify individual users or sell, disclose or provide access to any user information collected on our site that would identify any individual or connect any individual to specific illnesses or conditions.
When you register to use discussion boards, we require that you provide your e-mail address and select a username and password. We use this information only if you violate our terms and conditions for participation in these forums and we have to contact you.
We treat any personal information you give us as confidential. We do not analyze your personal information nor do we collect specific information about your use of our site.
IU Health will not disclose to third parties any identifying personal information gathered from you during registration for e-mails and discussion boards and other features, unless (1) we tell you how your information will be used and you give IU Health specific permission to share this information or (2) IU Health is required to disclose such information by any applicable law or legal process (like a subpoena or court order). Where we disclose identifying personal information to third parties with your authorization, we will require the recipient to use the information only for the purpose provided.
IU Health implements security procedures to protect personal information you submit to us from misuse or unauthorized disclosure. The personal information that you submit to us is stored in our secure database behind an electronic firewall. You can access your personal information only by using a password. We encourage you to change your password regularly and not to share it with anyone.
Access to the data within IU Health is limited to a few computer technicians for our site who need to maintain the database and who also use passwords for that access, as well as outside vendors who may occasionally assist us in maintaining and improving our hardware and software tools.
IU Health makes every effort to safeguard your personal information. However, like other Internet sites, we cannot guarantee that it is completely secure from people who might attempt to evade security measures or intercept transmissions over the Internet.
Similarly, we cannot completely ensure the privacy of e-mail communications to and from our site because they are not encrypted and, therefore, not secure. These communications, like most Internet e-mail, could be intercepted without your knowledge and permission, while in transit to or from our site. If you are concerned about your privacy, we suggest that you do not use e-mail to communicate information to us that you consider sensitive.
When you register for IU Health's free health e-mails, your information is not secure during transmission to us.
You can change the personal information in your IU Health profile at any time by clicking on "Edit Profile" on the navigation bar at the top of any page on our site. If you forget your password, click on "Forgot Password?" at the top of any page and we will walk you through the process of resetting your password.
Unsubscribing from our free health e-mails does not delete your personal information from our system, even if you unsubscribe from all e-mails. We will delete your personal registration information from the active and searchable areas of our system at your request. Be aware, however, that it is not feasible for us to remove every electronic record that may contain your data. We cannot remove copies of your information that may exist in records we create as backup in case our main data is lost. We also cannot delete information from anonymous, aggregated databases. This information cannot be linked to you. IU Health maintains and archives all personally identifiable information provided by users. This data is retained in our archives and not deleted.
If you registered for discussion boards and also want that information removed, please note that in your request. Please inform us if you used a different e-mail address or password when registering for discussion boards.
To have your registration information removed, send your request by email. You will receive a confirmation from us.
If you have any concerns about the security or privacy of your personal identifiable information on the IU Health Web site, please contact us by email or send a written notification to:
IU Health Marketing and Corporate Communications
340 W. 10th St., Suite 5200
P.O. Box 1367
Indianapolis, IN 46206
When you sign up for free health e-mails, IU Health maintains information about your selections only for the purpose of sending you the e-mails. We do not use identifying personal information for any other purpose although it may be included in anonymous, aggregated statistical information.
We will send you only information that you request.
A link for unsubscribing from e-mails is located at the bottom of each e-mail. You also can unsubscribe by using the "Change Profile" link at the bottom of any page on our site. Unsubscribing from e-mails does not delete your personal information from our system, even if you unsubscribe from all e-mails.
If you are concerned about privacy, use caution when posting messages to our discussion boards. The discussion boards are open to the public so others using these areas on our site can read your posts. Any information you include when participating in discussion boards is available to anyone with Internet access. For example, if you include your e-mail address in a message you post on a discussion board, it is publicly accessible.
IU Health does not collect information posted on our discussion boards.
Discussion boards are monitored from time to time. IU Health reserves the right to remove any posts we feel are inappropriate, contain abusive language or threaten or violate the privacy of our company, sponsors or visitors as provided in our terms and conditions.
IU Health uses only benign cookies that have no functionality. This means the cookie cannot do anything to your computer's hard drive and cannot read information from your computer's hard drive.
Cookies also may be used by IU Health on an aggregate basis to track site navigation. This information is not traceable to an individual user. Navigation streams are used to assist us in determining where people go when visiting our site and how long they stay in a particular area. This information is used to improve our site and may be shared with advertisers.
If you click on a sponsorship acknowledgment, you will be leaving IU Health and will be directed to the sponsor's site. Be aware that IU Health has no control over the practices of other Web sites. Your computer may receive cookies from other sites and you will not be protected by IU Health's security and privacy policies.
The cookie feature can be turned off on your browser. For more information on turning off the cookie feature, consult your browser help section. If you choose to turn off cookies, you can still access all areas of our site. Once the cookie feature on your browser is turned off, you might have to "refuse" a cookie each time you encounter one searching our site.
An Internet Protocol (IP) address is a number that is automatically assigned to your computer by your Internet Service Provider (ISP) whenever you access the Internet. This number may be the same each time you access the Internet or it may change. Like other Internet sites, IU Health uses IP addresses to collect aggregate information about numbers of visitors and site usage. The address is logged on our server when your computer requests information from IU Health. However, to allow users to access our site anonymously, your IP address is not linked with personal information about you. IU Health reserves the right, in rare instances, to use IP addresses to identify individuals who threaten our site, service or customers.
When you respond to surveys, questionnaires or polls on our site, we may, at times, ask you for demographic information such as your gender or age. This information is collected only as anonymous, aggregated information and is used for statistical purposes. Otherwise, we do not collect or store your personal responses.
When IU Health runs a contest, we may ask for personal information when you enter the contest. If so, we will describe in each instance why we are asking for that personal information and how we plan to use that information.
IU Health does not knowingly allow children under the age of 13 to register on our site for any purpose or to access any features that require registration. We require visitors to indicate their year of birth to register. If we learn that we inadvertently have collected identifying personal information from a child under the age of 13, we will promptly delete that information from our system.
We do not collect information about searches that you perform on our site.
Throughout the IU Health Web site, you will see links that can lead you to another site. If you click on an advertisement or sponsorship acknowledgment while you are on IU Health, you will be leaving IU Health and will be directed to the advertiser or sponsor's site. Also, if you click on a link or a "Return to" or "Back to" banner for another Web site, you will be leaving IU Health and will be directed to the linked Web site, IU Health also offers listings of resources that contain links to the Web sites of government agencies and non-profit organizations. If you click on those links, you will be leaving IU Health and will be taken to the Web site of that agency or organization. At times, clicking on a hyperlink within an article will bring up information on another site without warning. In these cases, however, the information will appear in a second, smaller "pop-up" window and the IU Health page will remain clearly visible on your computer screen.
BY POSTING ON ANY Indiana University HEALTH PARTNERS, INC. INTERNET SOCIAL MEDIA SITE YOU AGREE TO THESE TERMS.