Terms of Service
LIFEPOINT INFORMATICS TERMS OF SERVICE AGREEMENT
1. Acceptance of the Terms and Conditions
1.1. Lifepoint Informatics, Inc. (herein referred to as the “Lifepoint,” “we,” “us” or “our”) provides healthcare information technology services (the “Service”), to our users (“you”, “your”), utilizing the patient portal software (the “Lifepoint System”). All use of the Service and the Lifepoint System is subject to the terms and conditions contained in this Terms of Service Agreement (the “Agreement”). Please read this Agreement carefully. By accessing, browsing or otherwise using the Service or the Lifepoint System, you acknowledge that you have read, understood, and agree to be bound by all of the terms and conditions set forth in this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Service provided by Lifepoint.
1.2. Occasionally we may change this Agreement at any time without prior notice. You agree to be bound by any changes to this Agreement. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Service” link on the Lifepoint System. The revised terms and conditions will become effective at the time of posting. Any use of the Service after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Service.
2. Specific Disclaimer Relating to Medical Information
2.1. The Service or the use of the Lifepoint System does not constitute medical or health care advice or recommendations. Any content accessed through the Service is for informational purposes only, and is not intended to cover all possible uses, directions, or precautions. This content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Users should consult their physician or other qualified health care provider for any questions about a medical condition, or before taking any drug, changing a diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Service. Lifepoint and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, the Service, the Lifepoint System or other material on the Service.
3. Use of the Service
3.1. This Service contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and the Service shall automatically terminate and you shall immediately destroy any copies you have made of the Content. You agree to fully indemnify Lifepoint and any Related Party for any loss damage or cost incurred in relation to such breach caused by you.
3.2. The trademarks, service marks, and logos of Lifepoint (the “Lifepoint Trademarks”) used and displayed on this Service are registered and unregistered trademarks or service marks of Lifepoint. Other company, product, and service names located on the Service may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with Lifepoint Trademarks, the “Trademarks”). Nothing on this Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without the prior written consent of Lifepoint specific for each such use. The Trademarks may not be used to disparage Lifepoint or the applicable third-party, Lifepoint’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any Service is prohibited without Lifepoint’s prior written consent. All goodwill generated from the use of any Lifepoint Trademark shall inure to Lifepoint’s benefit.
3.3. All software embodied in the Lifepoint website or otherwise used by Lifepoint to deliver the Service (“Software”), and all data generated through use of the Service (“Use Data”), is proprietary to us or to our third party licensors and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Use Data is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.
3.4. You agree not to: (a) take any action that imposes an unreasonable load on the Service’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service, (d) delete or alter any material posted on the Service by Lifepoint or any other person or entity, or (e) frame or link to any of the materials or information available on the Service.
3.5. The Service may contain links to third-party services (“External Sites”) third party-owned content (e.g., articles, data feeds, abstracts, etc.). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all Services to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
3.6. Certain elements of the Service are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 3.1 of the Agreement. None of the Content for this Service may be retransmitted without the express written consent from Lifepoint for each and every instance.
Lifepoint is committed to complying with U.S. Copyright law and The Digital Millennium Copyright Act of 1998 (the “DMCA”) which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have any complaints or objections to material posted on the Service you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices must meet the then current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices with respect to the Service should be sent our Designated Agent at the following address:
65 Harristown Road, Suite 305
Glen Rock, NJ 07452
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the Service;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
4. Use of the Service
4.1. You must provide accurate and complete registration information any time you register to use the Service. It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to your account, and to maintain and update promptly any changes in this information.
4.2. You are responsible for maintaining the confidentiality and security of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Lifepoint of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Lifepoint shall not be liable for any loss or damage arising from your failure to comply with any of these terms and conditions.
4.3. The following actions are expressly prohibited in relation to your username and password:
(i) Sharing, disclosing, permitting access to or otherwise facilitating the use by any person of your username and password;
(ii) Using the username and password to cache the Service in such a manner as to be accessible by persons who have not registered with Lifepoint; or
(iii) Using the username and password to permit multiple persons access to the Service through a local or wide area network.
4.4. If you have forgotten your username or password, the Service will use an email address provided by you to send your username or temporary password. You understand that others using the same email address will be able to gain access to your account information.
4.5. Your use of the Service and any content accessed through the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to register and use the Service, or You must be the legal guardian for someone under age 18 whose data is accessed through the Account Service. You may not interfere with or disrupt the proper operation of the Lifepoint Account Service.
4.6. If you use a mobile device Lifepoint’s to enter and maintain your personal information, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as user identifiers and passwords). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information may be accessible to others.
You must exercise caution, good sense and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the System. Any such violations may result in criminal and/or civil penalties against you. The Company may investigate any alleged or suspected violations and if a criminal violation is suspected, the Company will cooperate with law enforcement agencies in their investigations.
In using the Lifepoint System or the Service, you agree not to:
- Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
- Misrepresent your identity or affiliation in any way;
- Restrict or inhibit any person from using this Site, disclose personal information obtained from this Site or collect information about users of this Site;
- Reverse engineer, disassemble or decompile any section or technology on this Site, or attempt to do any of the foregoing;
- Gain unauthorized access to this Site, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to this Site;
- Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- Send or otherwise transmit to or through this Site chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
- Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
- Violate any applicable laws or regulations or these Terms;
- Use abusive, harassing or threatening language or make abusive, harassing, bullying or threatening communications toward any staff member, any physician, or any other user of the Site;
- Create a hostile environment for any staff member, any physician, or any other user of the Site based on such person’s race, age, national origin, disability, gender or reassignment thereof, religion or belief, sex, sexual orientation, marriage/partnership status, or pregnancy/maternity.
- Alter or modify any part of the materials or Services offered on this Site; or
- Assist or permit any persons in engaging in any of the activities described above.
Any of the foregoing may result in actions including but not limited to termination of your access to the Site or any of the Services.
5. Links to Third-Party Hyperlinks and Websites
Our website may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
6. Disclaimer of Warranties and Limitation of Liability
6.1. LIFEPOINT, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE LIFEPOINT PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICE AND THE CONTENT AT YOUR OWN RISK.
THE LIFEPOINT PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT THE SERVICE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO LIFEPOINT PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE LIFEPOINT PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
6.2. IN NO EVENT SHALL ANY LIFEPOINT PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH LIFEPOINT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE LIFEPOINT PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. Hold Harmless
You agree to defend, indemnify, and hold harmless the Lifepoint Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or the Service. Lifepoint shall provide notice to you of any such claim, suit, or proceeding. Lifepoint reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Lifepoint’s defense of such matter.
8. Termination of the Agreement
8.1. Lifepoint reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Service or the Content at any time and for any reason without prior notice or liability. Lifepoint reserves the right to change, suspend, or discontinue all or any part of the Service or the Content at any time without prior notice or liability.
8.2. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Sections 3 (Use of the Service), 4 (Your Account), 6 (Limitation of Liability and Warranty), 7 (Indemnification), 8 (Termination of Agreement), and 11 (Miscellaneous) shall survive the termination of this Agreement.
9. Compliance with Applicable Laws
9.1. This Service is hosted in the United States. Lifepoint makes no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Service or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
9.3. The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
This Agreement is governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws provisions. By using the Services, You expressly consent to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the in the State of New Jersey. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of Lifepoint to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Lifepoint unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Lifepoint and you, this Agreement constitutes the entire Agreement between you and Lifepoint with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Service might be publicly accessible. Important and private information should be protected by you. Lifepoint is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.