ACCEPTANCE OF TERMS; DESCRIPTION OF SERVICES.
These Terms of Use (“TOU”) govern your use of and access to https://hoosierhospitals.com and all related websites operated by or for Indiana Hospital Association (“IHA,” “we,” “us,” “our”) (collectively, the “Site”). These TOU also govern the products or services available through the Site, or made available by IHA through a third party website (collectively, the “Services”). IHA reserves the right to update these TOU at any time without notice to you. When we do, we will also revise the “Last Updated” date at the top of these TOU. The most current version of these TOU can be reviewed by clicking on the “Terms of Use” hypertext links located within the Site. By accessing the Site or using the Services, you are consenting to these TOU. We grant you a license to access and use the Site, including the right to view, bookmark, download, and print, for your noncommercial, personal use and information only, subject to the terms of these TOU.
PLEASE READ THIS TOU CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THESE TOU, INCLUDING THE DISCLAIMER. IF YOU ARE NOT ABLE OR WILLING TO BE BOUND BY THESE TOU, YOU MAY NOT ACCESS OR USE THE SERVICE. WE MAY MODIFY THESE TOU, INCLUDING THE PRIVACY POLICY AND NOTICE OF PRIVACY PRACTICES, AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TOU ON THE SERVICE. WE HAVE NO OBLIGATION TO NOTIFY YOU OF ANY SUCH MODIFICATIONS; YOU AGREE TO REVIEW THIS TOU 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 TOU.
Through the Site, IHA may provide you with access to one or more hospital assessment tools, and other Services. The Services, including any updates, enhancements and/or the addition of any new websites, are subject to the TOU. The Services are for informational purposes only, and are not intended to be a substitute for professional medical advice, diagnosis or treatment.
USE LIMITATION.
No one may modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works based upon, transfer, or sell any information, photos, data, products or services obtained from the Services, without the prior written consent of IHA in each instance.
MINORS AND GUARDIANS.
You must be an individual at least thirteen (13) years of age to access the Service and to set up a general account. We will allow users younger than these ages to access the Service and/or the Site upon verifiable parental consent. We comply with the Children’s Online Privacy Protection Act (COPPA) and do not knowingly permit registration or submission of personally identifiable information by anyone under 13 years of age. This age requirement is posted each time we request personally identifiable information. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the IHA Privacy Policy regarding the collection and use of your personal information. You can view the Privacy Policy here.
DISCLAIMERS.
IHA AND/OR ITS AGENTS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SITE OR SERVICES FOR ANY PURPOSE NOR THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITE. THE SITE AND SERVICES ARE PROVIDED BY IHA ON AN “AS IS” BASIS AND “WITH ALL FAULTS”. IHA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE SITE. IHA DOES NOT WARRANT AGAINST OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES, INCLUDING LOSS OF DATA. IHA CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IHA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
DISCUSSION BOARDS AND FORUMS, IF ANY, ARE NOT CHECKED FOR MEDICAL ACCURACY. THE OPINIONS EXPRESSED IN DISCUSSION FORUMS, IF ANY, REFLECT ONLY THE OPINIONS OF THE INDIVIDUAL AUTHORS AND DO NOT REFLECT THE VIEWPOINT OF IHA OR ANY OF IHA’S INFORMATION PROVIDERS. THE SITE IS NOT RESPONSIBLE FOR ANY STATEMENTS OR MATERIALS POSTED IN THESE FORUMS.
THE INFORMATION PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THE SITE. IHA AND/OR ITS AGENTS MAY MAKE CHANGES TO THE INFORMATION CONTAINED IN THE SITE AT ANY TIME.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL IHA AND/OR ITS AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. FURTHERMORE, THE MAXIMUM AGGREGATE LIABILITY OF IHA AND/OR ITS AGENTS TO YOU FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR THE SERVICES IS ONE HUNDRED DOLLARS ($100).
INDEMNIFICATION.
You agree to indemnify, defend and hold harmless us, our 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 these TOU or any activity related to your access of the Site, your activities on the Site, or the your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
USER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account or otherwise log in, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also may be asked to choose a password and a username. You must select a confidential password and maintain that password in a confidential and secure manner. We may require verification of end-user identity through multiple devices or impose additional security procedures as we deem appropriate. Ultimately, you are solely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify IHA immediately of any unauthorized use of your account or any other breach of security. IHA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by IHA or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Site or Services, you agree not to use the Site or Services for any purpose that violates any applicable laws or regulations, or that is prohibited by these TOU, including, but not limited to, the following:
1. You may not use the Site or Services in any manner that could damage, disable, overburden or impair any server that hosts the Site, or the networks connected to any such server, or interfere with any other party’s use and enjoyment of the Site or Services.
2. You may not attempt to gain unauthorized access to other accounts or to any of the Services through hacking, password mining or any other means.
3. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Services.
4. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
5. You 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.
6. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Site’s intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Site is used to disseminate statements which are deeply and widely offensive and/or harmful or otherwise unacceptable.
7. You may not use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any activity which is illegal or which infringes on or violates the rights of others.
IHA reserves the right at all times to disclose any information as IHA deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in IHA’s sole discretion.
MATERIALS PROVIDED TO IHA.
IHA does not claim ownership of the information you provide to IHA, including feedback or suggestions regarding the Site or Services (collectively “Submissions”). However, by providing Submissions, you agree you are granting IHA a royalty-free, perpetual, sublicensable right to use your Submissions as IHA sees fit in connection with the operation of IHA’s business (including, without limitation, all Services).
INTELLECTUAL PROPERTY.
The entire contents of the Site are copyrighted as a collective work under the United States and other copyright laws. We hold the copyright in the collective work. The collective work includes works, which are the property of IHA’s licensors, which are also protected by copyright and other intellectual property laws. Except where your use constitutes “fair use” under copyright law, or if such use is for your own non-commercial use, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from the Service in whole or in part without our express written authorization. You agree not to change or delete any proprietary notices from materials downloaded from the Site.
Any and all trademarks and service marks appearing on the Site are trademarks owned by, or duly licensed to, IHA or any of its affiliates, as well as its business partners. Any unauthorized use of these trademarks is strictly prohibited without the express written permission of us.
DIGITAL MILLENNIUM COPYRIGHT ACT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the representative below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. IHA’s copyright agent for notice of claims of copyright infringement on the Site is IHA Director of Communications who can be reached as follows:
Attn: Dixie Platt
Vice President of Communications and Federal Relations
dplatt@IHAconnect.org
Indiana Hospital Association
500 N. Meridian St. | Suite 250
Indianapolis, IN 46204
To be effective, the notice must include the following:
1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
2. Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
3. Identification of the allegedly infringing material on the Site (“Infringing Material”), and information reasonably sufficient to permit us to locate such material on the Site;
4. Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
5. A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
LINKS TO THIRD PARTY SITES.
IHA MAY PROVIDE LINKS THAT WILL LET YOU LEAVE THE SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF IHA AND IHA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. IHA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. IHA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY IHA OF THE LINKED SITE, OR ANY PRODUCTS OR SERVICES AVAILABLE FROM IT.
MISCELLANEOUS.
These TOU 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 us and you for any purpose arising out of or concerning these TOU 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 Site must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of these TOU 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 these TOU. We may assign our rights and duties under these TOU to any party at any time without notice to you. These TOU, together with the Privacy Policy, constitutes the entire agreement between you and us, and contains all of the understandings and agreements of the parties, in respect of the subject matter hereof.
Any rights not expressly granted by IHA in these TOU are reserved.
