Do not use this Web site in a medical emergency. In an emergency, call 911 or your local emergency assistance number.
Welcome to eCommunity.com, a service operated by Community Hospitals of Indiana, Inc. It is our policy to start every new relationship with an agreement that spells out what you can expect from us, and what we can expect from you. In our experience, this approach fosters good relations and avoids misunderstandings.
To improve our ability to serve you, CHI may make modifications, improvements, deletions, or amendments to the Website at any time we deem appropriate. Any and all relevant portions of this Agreement will apply automatically to all modifications, improvements, deletions, and/or amendments as they appear.
In addition, CHI reserves the right at any time to modify the terms and conditions of this Agreement, or any part thereof, or to impose new conditions on the Agreement. Except as otherwise stated herein, any modification to this Agreement shall be effective ten (10) days after it initially is posted on the Website. Your use of the Website after any such change will be conclusively deemed acceptance of such change. If any change is unacceptable to you, you may cancel your Membership, and/or terminate this Agreement. The Agreement may not otherwise be amended except in writing signed by you and by a representative of CHI. This Agreement was last revised on December 13, 2000.
1. Nature of the Website
The Website is an online, interactive medium where users may find information about health conditions, health care procedures, health care providers, and other topics. Although we hope you will find the information available on the Website to be comprehensive, timely, and useful, CHI does not guarantee that the information is accurate or complete on every topic, that it will include all of the most recent information available on a particular topic, or that it will satisfactorily address your particular health condition or interests. We urge you to review any information retrieved from the Website with a qualified health care professional of your own choosing. Use of the Website should not substitute for or be used instead of a clinical or therapeutic relationship with a health care professional. Most importantly, you should never delay, ignore, or fail to obtain medical advice based on information obtained from the Website.
A user may choose to become a "Member." The nature of the services we provide to Members requires Member Information to be collected by CHI to equip the Member with the efficiencies and advantages of these services. In consideration of your Membership, you agree to: (a) voluntarily provide true, accurate, current, and complete information about yourself ("Member Information"); and (b) to maintain and update this Member Information to keep it true, accurate, current, and complete. CHI reserves the right to approve any Member before the Member may use certain features of the Website (the "Member Features").
Member Information is information which may be used to identify you, and may include your name, address, telephone number, date of birth, gender, medical condition, medical treatment, and other medical information, as well as credit card or other payment information. If any information provided by you is untrue, inaccurate, not current, or incomplete, CHI has the right to terminate your Membership and refuse to provide you with use of the Member Features and/or any service offered specifically to Members, without benefit of refund. You freely release all Member Information and give CHI permission to verify any and all information given now or any time in the future. You agree that CHI’s use and disclosure of your Member Information in accordance with the terms of this Agreement does not infringe your right of privacy or publicity or any other right. You understand that CHI does not routinely perform background checks on Members, and assumes no liability for the accuracy of Member Information provided.
Upon registration you will be assigned a unique Member username and a password. Access to the Member Features is accomplished through the use of your Member username and password. Your Member username and password should be kept strictly confidential to prevent unauthorized use. You are responsible for safeguarding and maintaining the secrecy of your Member username and password at all times. You agree to notify CHI promptly of any unauthorized use of your Member username and password. You will remain liable for any use of the Member Features unless and until you notify CHI of the unauthorized use of your Member username and password. CHI may suspend your Membership without notice to you in the event that you do not use the Website for an extended period of time.
Membership is available only to individuals over the age of eighteen. By applying for Membership you represent that you are not under the age of eighteen. In addition, as a Member you agree to be responsible for (i) prohibiting use and/or access to the Member Features by those under the age of eighteen; and (ii) limiting access to your computer or the Internet to the extent necessary to restrict use of the Member Features to those over the age of eighteen.
In accordance with the terms of our Privacy Statement, CHI respects and is committed to the privacy of the users of the Website. The terms of our Privacy Statement are available for your review in various places on the Website, and are incorporated herein by reference.
4. ehealthRN™ Service
Users may access our ehealthRN™ service through the Website. This service enables a user to engage in an online, interactive chat session with a licensed Registered Nurse. To use the ehealthRN™ service, visit the ehealthRN™ webpage and follow the instructions found there. You agree to provide true and accurate age and gender information if such information is requested of you during a chat session. For your protection and to help us improve the ehealthRN™ service, the chat sessions may be recorded. By using the ehealthRN™ service, you consent to such recording.
The ehealthRN™ service can assist you in your personal, general research into a particular health care topic, but the Registered Nurses contacted using the ehealthRN™ service will not engage in any conduct that involves the practice of medicine or the practice of any other health care profession. If you use the ehealthRN™ service more than once, you are not guaranteed that you will be put in contact with the same Registered Nurse from a prior chat, and you may not request to be put in contact with the same Registered Nurse from a prior chat. Designations or "handles" which appear on your computer monitor during an ehealthRN™ chat session are not a means for you to identify any particular Registered Nurse with whom you previously may have chatted.
The Registered Nurses contacted using the ehealthRN™ service will not contact any user outside of the immediate, online chat session. Even if you give your name and contact information during use of the ehealthRN™ service, you will not be contacted by CHI or any health care professional employed by or associated with CHI, nor will CHI or any health care professional employed by or associated with CHI communicate with your personal physician or any other health care professional.
The ehealthRN™ service currently is available only to users residing in Indiana. In consideration for your use of the ehealthRN™ service, you agree to provide true, accurate, and current information about your state of residence.
5. Social Media (discussion forums, blogs, Twitter, Facebook, Google+, Angie's List, etc.)
Users may participate in online, interactive "Social Media" through various Website(s). These forums provide an opportunity for users to discuss issues of common interest. Frequently, but not always, our Social Media sites will include the participation of a guest lecturer, guest facilitator, employees, community leader, or other non-member invited by Community Health Network to participate in one of the various Social Media forums.
While Community Health Network may moderate comments, Community Health Network cannot control the comments of any participant using Social Media, and is not responsible for comments posted. Community Health Network does not receive monetary endorsements from any company whose products or services might be discussed within one of Community Health Network's Social Media sites. Comments posted by or linked to, and conduct of participants, are not subject to control by Community Health Network and represent only the views of the individual participant. However, Community Health Network has the right, but not the obligation, to review, modify, block, or delete any postings, messages, or information accessible on any site that Community Health Network, in its sole discretion, considers to be potentially defamatory, obscene, harassing, abusive, threatening, or otherwise intended to or having the effect of interfering with or disrupting the exchange of information.
6. Third Party Information; Links to Other Sites
The Website may contain windows or hyperlinks which provide access to other websites not affiliated with the Website or with CHI (the "External Websites"), or to informational content provided by the External Websites. Your use of such External Websites or informational content, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such External Website. CHI is not liable for and does not endorse nor make any representations or warranties concerning any informational content, products, services, software, or other materials available on such External Websites, even if a page or pages of the External Website is framed with a page of this Website. CHI is not responsible for the privacy practices or the content of External Websites. For your protection, please refer to the terms of service and privacy policies of the respective External Websites. You acknowledge, understand, and agree that CHI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such informational content, products, services, software, or other materials available on or provided by any External Website.
Vendors of certain products and services may contract with us to advertise their products and services on this Website. We do not endorse nor make any representations or warranties concerning any vendor products or services advertised on this Website. Your decision to make purchases from any such vendor is completely voluntary and within your sole discretion. You are solely responsible for payment of all costs or fees associated with the purchase of products and services from vendors which advertise on this Website, including payment of all shipping charges, applicable sales tax, or other taxes, assessments, or fees imposed by applicable law.
7. Failure to Comply With Terms and Conditions; Termination
This Agreement is effective until terminated by either you or CHI. You acknowledge and agree that CHI may terminate this Agreement or suspend or deny you access to all or part of the Website without prior notice, if you engage in any conduct or activities that CHI in its sole discretion believes violate any of the terms and conditions set forth herein, violate the rights of CHI, or are otherwise inappropriate. CHI shall have no responsibility to notify any third parties of your denial of access to the Website, and neither shall CHI have any responsibility for any consequences resulting from such lack of notification.
You may terminate this Agreement at any time for any reason by delivering notice in the manner provided in this Agreement. Termination will be effective the day notice is received or at a later date if such is specified in the notice. If you are a Member and you terminate your Membership for any reason, you will not be entitled to a refund of any fees or payments. Termination of your Membership automatically terminates your license to use the Member Features.
CHI reserves the right to collect fees, payments, and charges incurred up to and including the effective date of termination of your Membership. Upon termination, all amounts owed to CHI immediately become due and payable. In addition, you remain responsible for any charges incurred with third parties.
8. Trademark And Copyright Policy
CHI is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and is the copyright owner or licensee of the content and/or information on the Website, including but not limited to any screens appearing on the Website. By placing them on the Website, CHI does not grant to any Website user any license or other authorization to copy or use its trademarks, registered trademarks, service marks, copyrightable material, or other intellectual property, except as provided herein. Various products and services described on the Website may carry registered or other trademarked symbols that are the sole property of their respective owners.
You may view, print, and download portions of the content and/or information of the Website solely in connection with your use of the Website, and solely for your own use or records. CHI reserves the right to revoke this authorization at any time. In printing or downloading content and/or information from the Website, you agree not to change or delete any proprietary notices, trademarks, and the like from any printed or downloaded content and/or information. Except as otherwise provided in this Agreement or as consented to in writing by CHI, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer, or sell any content and/or information appearing on the Website. Furthermore, you may not attempt to view, disclose, copy, reverse engineer, disassemble, decompile or otherwise examine the Website source code. If you make use of the Website other than as authorized herein, you may be in violation of copyright laws and other laws of the United States and other countries, as well as applicable state laws, and may be subject to penalties and/or legal or equitable remedies available to CHI or its licensor.
Users shall not provide copyrighted or other proprietary information to CHI without permission from the owner of such material or rights and shall be solely responsible for any damages resulting from such disclosures. Users shall be solely responsible for obtaining such permission. If you feel your copyrighted material appears on the Website without proper authorization, please follow the procedures outlined in our Notice to Copyright Owners.
9. Warranty Disclaimers
You understand and expressly agree that use of the Website is at your sole risk. CHI does not guarantee, represent, or warrant that your use of the Website will be uninterrupted, error free, or virus free, or that the Website will meet your requirements. In addition, no warranty is made as to the results that may be obtained from use of the Website, or as to the accuracy, reliability, or content of any product, service, or information provided through or in connection with the Website.
Although CHI uses reasonable security and encryption provisions, we do not guarantee and make no representations or warranties concerning our ability to prevent unauthorized access of or tampering with the Website or information accessible through the Website. You acknowledge that information transmitted through the Internet or accessible through the Internet is never completely secure.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, CHI DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND, (2) ANY WARRANTIES OF TITLE, OF NON-INFRINGEMENT, OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF CHI’S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
10. Limitation of Liability
Your use of the Website does not establish a physician-patient relationship between you and CHI, or between you and any health care professional employed by or associated with CHI. CHI will not diagnose or treat any medical conditions or prescribe medication or treatments for anyone through the Website. If you decide to seek information or obtain treatment from any health care provider following a visit to the Website, CHI will not follow up or monitor your care as a result of your use of the Website. Except for fees associated with certain Member Features, CHI will not accept payment from you and will not bill any insurance company, government payment program or other source of health benefits in compensation for providing services to you on the Website.
You should not share personal medical information of a kind you would wish to be held confidential in a physician-patient or similar relationship. Because your use of the Website does not create a physician-patient relationship between you and CHI, or between you and or any health care professional employed by or associated with CHI, the information you provide will not be considered a medical record.
The Website should not be considered to be your treating health care professional and will not communicate with your health care professional. The information you obtain from the Website is not a substitute for nor should it be used instead of a relationship with a health care professional. All users are encouraged to seek the advice of, and regularly consult with, physicians and other health care professionals of their own choosing.
NEITHER CHI NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, "CHI ASSOCIATES") SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF CHI OR THE CHI ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CHI’S LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE LESSER OF: (A) ONE THOUSAND DOLLARS ($1000.00); OR (B) THE AMOUNTS PAID BY YOU TO CHI IN THE THREE (3) MONTHS PRIOR TO THE DATE OF ACCRUAL OF ANY SUCH CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER CHI NOR ANY CHI ASSOCIATE IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CANCELLATION OF YOUR MEMBERSHIP AND/OR CESSATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH CHI.
You agree to defend, indemnify, and hold harmless CHI, its agents and employees, and the CHI Associates, from and against any claims, damages, costs, and expenses, including all costs of legal proceedings and attorneys’ fees, arising in connection with use of the Website by you or by anyone using your Member username and password, or in connection with a violation or breach of this Agreement by you or by anyone using your Member username and password, including without limitation, (i) claims based on defamation or other conduct by you in using the Website, or (ii) your violation of any intellectual property laws including without limitation those relating to copyright, trademarks or trade secrets.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action accrues or be forever barred.
The Website is provided for lawful purposes only. You acknowledge and agree that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. You acknowledge and agree that the Website is for your personal and non-commercial use. You agree that all fees and payments made, or agreed to be made to CHI hereafter, are deemed non-refundable, except as otherwise provided herein.
You shall not post or transmit: (i) any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law; (ii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial or non-commercial communication except as otherwise expressly permitted by CHI; or (iii) any information or software which contains a virus, trojan horse, worm, or other harmful component.
You shall not access or attempt to access password protected, secure, or non-public areas of the Website, except with the authorization of CHI. CHI has no obligation to monitor the Website; however, you acknowledge and agree that CHI has the right to monitor the Website electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Website properly, or to protect itself or its Members or the CHI Associates.
Nothing in this Agreement shall be construed to establish a joint venture, agency, employment, or other business relationship between you and CHI. No verbal representations or guarantees have been made to you, except as set out in this Agreement. This Agreement and the relationship between you and CHI shall be governed by the laws of the State of Indiana without regard to any conflict of law provisions of any State. You and CHI agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Marion County, Indiana, in the event of any dispute arising under this Agreement, and waive any future right to object to such jurisdiction and venue.
The failure of CHI to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. The headings used in this Agreement are for convenience only and such headings are not to be used in determining the meaning or interpretation of this Agreement. Any ambiguities in this Agreement shall not be strictly construed against the drafter of the language concerned, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. This Agreement shall not be construed against any party by reason of its preparation. The provisions of Sections 9 and 10 of this Agreement are for the benefit of CHI Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. The provisions of this Agreement which by their nature extend beyond the termination of this Agreement shall survive termination of this Agreement, including but not limited to those set forth in Sections 5, 7, 8, 9, 10, and 11.
You shall have no right to assign all or any part of this Agreement, and any attempt to do so shall be void. CHI shall have the right to assign this Agreement and to sublicense any and all of its rights under this Agreement. This Agreement, including any documents referenced herein and any additional operating rules as posted on the Website represents the entire understanding between you and CHI regarding your relationship with CHI and your use of the Website. This Agreement supersedes all previous written or oral agreements between you and CHI with respect to such subject matter. Notwithstanding any provisions of this Agreement, CHI has available all remedies at law or equity to enforce this Agreement.
BY USING THE WEBSITE YOU AGREE TO BE BOUND BY THIS AGREEMENT.
12. Notices; Canceling Your Membership
Where required, CHI may give notice to you by a general posting on the Website, by electronic mail, or by conventional mail to your address contained in the Member Information. You may give notice to CHI by electronic mail or by conventional mail to the address below. If you have any questions about this Agreement, the practices of the Website, or your dealings with the CHI, or if you wish to cancel your Membership, please e-mail or write to:
Community Hospitals of Indiana, Inc.
1500 N. Ritter Avenue
Indianapolis, IN 46219
Attn: Daniel Rench