Terms of Use

Please read the following Terms of Use (“Terms”) carefully. They govern your use of Community Health Network, Inc.’s (“Community”) eCommunity.com website (the “Website”). By using the Website, you acknowledge that you have read and understood all of the Terms, and you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Website.

Community reserves the right to change the Terms in its sole and absolute discretion at any time without notice. It is your responsibility to review these Terms for any changes each time that you use the Website. All changes to the Terms are effective from the date posted.

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. Users may also use the Website to schedule appointments, pay bills, and perform other functions. Although we hope you will find the information and tools available on the Website to be comprehensive, timely, and useful, Community does not guarantee that the information is accurate or complete, that the tools will function in the manner expected, or that the information and tools will satisfactorily address your particular health condition, interests, or needs.

Information provided through the Website is not intended to be a substitute for the advice and professional judgment of a physician or other professional medical personnel. You acknowledge and agree that you should never delay treatment or make a treatment decision based solely upon information provided through the Website. You further acknowledge and agree that the Website is not intended to diagnose disease, prescribe treatment, or perform any other tasks that constitute or may constitute the practice of medicine or of other professional or academic disciplines.

Registration

In order to access and use certain functions of the Website, you may be required to setup a user account (“Your Account”). In setting up and maintaining Your Account, you agree to provide accurate information regarding your identity, your contact information, and any other information requested by Community related to the Website. You will set your own password for accessing the Website and shall be solely and strictly liable for everything that occurs through the use of Your Account. You are responsible for maintaining the confidentiality of your password and agree to accept responsibility for all activities that occur under Your Account or password. You agree to immediately notify Community of any unauthorized use of your password or Your Account, or any other breach of security of which you become aware.

Use of the Website

You may use the Website only for legal and appropriate uses. Community reserves the right to make changes to the Website at any time and without notice. Your access to and use of the Website is completely at the discretion of Community, and your access to and use of the Website may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the following rules:

  • You may not modify, adapt, translate, or make derivative works of the Website.
  • You may not attempt to gain unauthorized access to any function or feature of the Website, by hacking, password “mining” or any other illegitimate means.
  • You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Website.
  • You may not impersonate any other persons or otherwise misrepresent your identity or your affiliation with any person, group or entity when using the Website.
  • You must provide truthful information to Community in your interactions using the Website.

License

Community grants you a limited license to access and make personal use of the Website. However, you may not download or modify the Website, or any portion of the Website, except with express written consent of Community. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on the Website without the prior written consent of Community. You may view, print, copy, and download portions of the information, documentation, and other content of the Website solely in connection with your use of the Website, and solely for your own individual, internal, non-commercial use or records. Community reserves the right to revoke this authorization at any time. Any unauthorized use of the Website shall automatically terminate the license granted to you by Community for such use.

Notice of Privacy Practices In accordance with the terms of our Notice of Privacy Practices, Community respects and is committed to the privacy of the users of the Website. The terms of our Notice of Privacy Practices are available for your review in various places on the Website, and are incorporated herein by reference.

Use of Information and Data

Community may use and disclose the information and data that you provide via the Website for purposes permitted by HIPAA, and as necessary to perform and improve the Website. You agree that Community may use and disclose performance and usage data for any purpose permitted by law so long as the data does not contain protected health information (as defined under HIPAA) or your identifiable information. Community may de-identify protected health information in accordance with the standards set forth in 45 C.F.R. 164.514(b) and may use or disclose such data unless prohibited by applicable law.

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 Community (the “External Websites”), or to informational

content provided by the External Websites. Your use of such External Websites or informational content is subject to and governed by the terms and guidelines, if any, contained within such External Website. Community 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 within a page of this Website. Community 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 Community 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.

Disclaimer of Warranties

You understand and expressly agree that use of the Website is at your sole risk. Community 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 Community 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.

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, COMMUNITY 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 COMMUNITY’S RECORDS OR INFORMATION, WHETHER FOR BREACH OF

CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Limitation of Liability

Your use of the Website does not establish a physician-patient relationship between you and Community, or between you and any health care professional employed by or associated with Community. Community 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, Community will not follow up or monitor your care as a result of your use of the Website. Community 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 through 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 Community, or between you and or any health care professional employed by or associated with Community, 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.

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER COMMUNITY NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “COMMUNITY 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 COMMUNITY OR THE COMMUNITY ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH COMMUNITY IS TO STOP USING THE WEBSITE. 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.

Indemnification

You agree to defend, indemnify, and hold harmless Community, its agents and employees, and the Community 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 Account, or in connection with a violation or breach of these Terms by you or by anyone using Your Account.

Notices

Where required, Community may give notice to you by a general posting on the Website, by electronic mail, or by conventional mail to your address of record. You may give notice to Community by electronic mail to the address below. If you have any questions about these Terms, the Website, or your dealings with Community, please email your questions to info@eCommunity.com.

General

The laws of the State of Indiana shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts of Marion County, Indiana for any action arising out of these Terms.

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.

You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms 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. The failure of Community to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 Terms shall remain in full force and effect.

Community shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional terms, conditions, or policies posted on the Website by Community from time to time, represent the entire understanding between you and Community regarding your relationship with Community and your use of the Website. These Terms supersede all previous written or oral agreements between you and Community with respect to such subject matter. Notwithstanding any provision of these Terms, Community has available all remedies at law or equity to enforce these Terms.