Terms of Use
Acceptance of Terms Through Use
Use of the Indiana Health Information Exchange, Inc. (“IHIE”) web site located at www.ihie.org (the “Site”) is governed by these Terms of Use and any other policies disclosed on this Site. Your use of this Site indicates your acceptance of these Terms of Use. We reserve the right to change these Terms of Use by posting revisions to this Site at any time. Your continued use of this Site indicates your agreement to any revised Terms of Use. Accordingly, we urge you to review the Terms of Use at the start of each use of this Site, and if you do not agree to the terms of this or any revised version, please exit this Site immediately.
Links
This Site may contain links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the contents of any linked site. Please review each linked site that you access through this Site, and, if you do not agree to be bound by the terms governing use of that site, we recommend that you immediately terminate your visit to that site. The fact that such links are available on this Site should not be construed as our endorsement of any linked site.
Copyright and Trademark Notice
This Site is owned and operated by IHIE. Unless otherwise specified, all materials appearing on this Site, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of IHIE or used under license. We grant you permission to print individual pages from the Site, unless otherwise expressly noted, for your own personal, noncommercial use in learning about, evaluating or obtaining the services offered on the Site. Except with IHIE’s or its licensors’ express written permission, no other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not: use the materials for any commercial purpose, or for any public display (commercial or noncommercial); remove any copyright, or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark or other applicable laws and could result in criminal or civil penalties.
WE MAKE NO WARRANTIES OR REPRESENTATIONS TO YOU THAT YOUR USE OF ANY MATERIALS DISPLAYED ON THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
User’s Grant of Limited License
By posting or submitting content to this Site (excluding Personal Information or Health Information which is governed by IHIE’s Online Privacy Policy), you grant IHIE and our affiliates the right to use, reproduce, display, perform, adapt, modify, distribute and promote your content in any form, anywhere and for any purpose, without any compensation to you or anyone else. You also warrant and represent that you own or otherwise control all of the rights to the content and that our public posting and use of your content will not infringe or violate the rights of any third party. Please do not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law. IHIE retains the right to monitor, edit or otherwise change without your permission your posting or other content submitted to this Site; however, IHIE is not obligated to do so. Whether or not we modify or remove such material, you remain solely responsible for any material you submit to us. Through your usage of the Site, you may submit and/or IHIE may gather certain limited information about you and your web site usage. IHIE is free to use such information for any purpose it deems appropriate, including marketing purposes.
User Registration
To obtain full access to the Site, you may be required to complete a registration. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms of Use. Transfer of the account by you to any other person or entity is prohibited.
Trademarks, Trade Names, and Service Marks
Unless otherwise indicated, all logos, names, and marks on the Site are trademarks or service marks owned or used under license by IHIE. The use or misuse of any of these marks or other information is strictly prohibited.
The Site Should Not Be Substituted for Professional or Medical Advice
The Site is designed to promote communication and information into a statewide health information technology network that connects hospitals, long-term care facilities, rehabilitation centers, community health clinics and other healthcare providers in Indiana. It is important to understand that all content is provided for informational purposes only. IHIE is not engaged in offering any professional or medical advice on this Site. IHIE is not responsible for any medical content posted on the Site, or on any third party web sites. If you are an individual seeking medical advice or treatment, please consult your physician or healthcare provider. IHIE expressly disclaims any and all responsibility for any consequences related, directly or indirectly, to any use, misuse or interpretation of the Site or any other information provided or omitted in connection therewith and you agree to indemnify, defend and hold us harmless therefrom.
Online Privacy Policy
Our Online Privacy Policy describes the information we collect when you and others use this Site. It also describes how we use the personal information you provide and some of the steps we take to protect your privacy. Our Online Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your information in accordance with our Online Privacy Policy. Please review our Online Privacy Policy.
Disclaimer and Limitation of Liability
ALL MATERIAL ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IHIE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS SITE, OR ON ANY SITE OR SITES “LINKED” TO THIS SITE. IHIE MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL IHIE OR ITS AFFILIATES, LICENSORS, SUPPLIERS, CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEB SITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
Miscellaneous
By choosing to access this Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. You agree that any legal action brought against IHIE shall be governed by the laws of the State of Indiana without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of this site shall be an appropriate federal or state court located in the state of Indiana. You agree to use this Site only for authorized and legal activities. IHIE reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice and for any reason whatsoever. Our failure to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Terms of Use shall remain in full force and effect.