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Physician’s Communication App End User Agreement and Privacy Policy

END USER LICENSE AGREEMENT AND PRIVACY POLICY

PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE USING THIS CONSUMER MOBILE APPLICATION

THE APP IS INTENDED FOR USE BY ADULTS. PARENT(S) OR GUARDIAN(S) MUST CONSENT PRIOR TO CHILDREN UNDER AGE 13 USING THE APP.

This Agreement is a legal agreement between You and Ascension Health regarding the use of the CONSUMER MOBILE APPLICATION (the “App”). By clicking below on “ACCEPT” You agree to be bound by the terms and conditions of this Agreement. If You do not agree to the terms and conditions of this Agreement, You are not authorized to use this App

Ascension Health may revise and update this Agreement at any time. Your continued usage of the App means You have accepted those changes.

License Grant & Intellectual Property

  • THE APP IS LICENSED, NOT SOLD. Subject to all other terms and conditions of this Agreement, Ascension Health hereby grants to You a non-exclusive, non-transferable, and non-sublicensable license to use and access the App. The App is intended for use only in the United States. Use of the App also includes access to certain third party content, including but not limited to the “Symptom Checker” feature, which Ascension Health has licensed from a third party, Self Care Decisions, LLC.
  • You agree not to modify, rent, lease, loan, sell, sublicense, distribute, or create derivative works based on the App, or any feature thereof, in any manner, and You shall not use or exploit the App, or any feature thereof, in any unauthorized way whatsoever.
  • You agree that You shall not allow any person who has not accepted this Agreement to access the App or the content.
  • You must access and use the App in accordance with all applicable laws and regulations. You may not use this App for any fraudulent or harmful purposes. If You violate this Agreement, Your license and right to use this App is automatically and immediately revoked.
  • Use of the App may be affected by technical and equipment malfunctions, congestion on the telephone network, availability of the Internet, available signal on any electronic device, or a combination thereof.
  • This App contains proprietary information and material that is owned by Ascension Health and its subsidiaries, affiliates, and licensors, and other third parties (individually and collectively, the “Licensors”), and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that You will not use such proprietary information or materials in any way whatsoever except in compliance with this Agreement.

Third-Party Content & Third-Party Websites

  • The App may contain third-party content or provide links to third-party websites. You agree Ascension Health is not responsible for third-party content or third-party websites, and does not make any endorsements, representations or warranties regarding such third-party content or third-party websites. Your use of third-party content and third-party websites is at Your own risk and subject to the third-party’s terms and conditions, as applicable. Certain third party content contained in the App may be subject to additional terms and conditions of use, which shall be made available to You when You access such third party content or at the applicable Licensor’s designated location.

General Disclaimer

  • DO NOT USE THE APP IN AN EMERGENCY. THIS APP WILL NOT DISPATCH AN AMBULANCE OR OTHER EMERGENCY HELP. IN AN EMERGENCY, CALL 911 OR THE APPROPRIATE EMERGENCY NUMBER.
  • THE APP IS INTENDED FOR USE BY ADULTS. PARENT(S) OR GUARDIAN(S) MUST CONSENT PRIOR TO CHILDREN UNDER AGE 13 USING THE APP.
  • THE INFORMATION, SERVICES, AND FEATURES CONTAINED IN THE APP ARE PROVIDED FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO TAKE THE PLACE OF A DOCTOR VISIT OR CONSTITUTE CASE-SPECIFIC MEDICAL ADVICE OR TREATMENT IN ANY WAY. THE APP DOES NOT PROVIDE DIAGNOSIS, TREATMENT, TRIAGE OR OTHER MEDICAL SERVICES.

Liability of Ascension Health

  • YOU THE USER ASSUME ALL RISK OF USING THE CONTENT AND ANY MATERIALS INCLUDED OR MADE AVAILABLE THROUGH THIS APP. THE APP IS PROVIDED “AS-IS”, WITH NO WARRANTIES. ALL WARRANTIES ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MERCHANTABILITY, OR ACCURACY OF INFORMATION. ASCENSION HEALTH DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT IT IS FREE OF VIRUSES OR BUGS. IN NO EVENT SHALL ASCENSION HEALTH OR ANY OTHER CONTRIBUTOR TO THE APP BE LIABLE FOR ANY DAMAGES OR LOSSES RELATED TO THE USE OR FAILURE OR INABILITY TO USE THE APP, OR IN ANY OTHER WAY LIABLE FOR THE APP. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR DISCLAIMED, LIABILITY IS LIMITED TO $1.00 USD.

Indemnity

  • You agree to defend, indemnify, and hold Ascension Health, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your use of the App or Your violation of this Agreement.

Governing Law & Jurisdiction

  • This Agreement is governed by the laws of the State of Missouri without respect to its conflict of laws principles. Venue shall be in the courts of the State of Missouri. By using the App, you accept the jurisdiction of the courts of Missouri. All claims must be brought within six (6) months of the date of the first event giving rise to a claim.
  • You irrevocably and unconditionally waive any right You may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement.

General

  • Ascension Health may immediately terminate this Agreement, including all licenses granted hereunder, at any time with or without cause.
  • 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, and to the extent necessary, a provision most closely effectuating the intent of Ascension Health shall be substituted for such invalid provision. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision, term or condition or any other provision, term or condition.
  • You are fully responsible for all fees, charges, and taxes incurred while using the App.
  • You may not assign or otherwise transfer this Agreement or any rights or obligations hereunder without Ascension Health’s prior written consent. All contributors to the App, including third-party content, are intended third-party beneficiaries of the Agreement.
  • The CONSUMER MOBILE APPLICABLE PRIVACY POLICY governs the collection and use of personal information by the App. The current version is provided below and may be changed from time to time.
  • The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability of Ascension Health, Governing Law & Jurisdiction, Indemnity, General, and Complete Agreement.

Notice and Takedown Procedures; and Copyright Agent

  • If You believe any materials made available by or incorporated into the App infringe Your copyright, You may request removal of those materials (or access thereto) by contacting the copyright agent identified below and providing the following information:
    1. Identification of the copyrighted work that You believe to be infringed, including a description of the work, and the location of an authorized version of the work.
    2. Identification of the alleged infringing material and its location in sufficient detail to allow us to locate the material.
    3. Your name, address, telephone number and (if available) e-mail address.
    4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
    5. A statement that the information that you have supplied is accurate, and that “under penalty of perjury,” You are the copyright owner or are authorized to act on the copyright owner’s behalf.
    6. A signature or the electronic equivalent from the copyright holder or authorized representative.

The agent for copyright issues relating to the App is:

      • Ascension Health
      • Attn: Ken Bonhotal
      • 1109 South Green River Road
      • Evansville, IN 47715-6803

Complete Agreement

This Agreement and the CONSUMER MOBILE APPLICATION PRIVACY POLICY constitute the entire agreement between You and Ascension Health with respect to the use of the App and content.

CONSUMER Mobile Application Privacy Policy

Last Modified: 6/3/2014

THE APP IS INTENDED FOR USE BY ADULTS. PARENT(S) OR GUARDIAN(S) MUST CONSENT PRIOR TO CHILDREN UNDER AGE 13 USING THE APP AND MUST AGREE TO THIS PRIVACY POLICY.

Ascension Health, the developer of this Application, is committed to protecting your information. We have developed this Consumer Mobile Application Privacy Policy (“Privacy Policy”) to tell you what information we collect from you when you use the Consumer Mobile Application (the “App”). Our use of your information is subject to the Privacy Policy in effect at the time of our use.

By using the App you agree with this Privacy Policy and the way we collect, use, and secure your information as described below. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE APP.Information We Collect From You

Information you provide to us may include, but is not limited to, your Personal Information, such as your name, address, phone number, e-mail address, and other information you input into forms or text boxes in the App.

In addition to Personal Information you provide, we receive and store certain types of information automatically (“Automatic Information”) whenever you use the App. Automatic Information is necessary to allow your mobile device to operate the App and to communicate on the Internet. Automatic Information can include your Internet address and Internet service provider, details regarding the equipment and applications you use, the date and time you access the App, and your physical location.

We may also use “Cookies” to help us gather information each time you use the App. “Cookies” are files that store small amounts of information on your mobile device and “remember” you. Cookies help make it easier to use the App.

You can choose to not provide Personal Information or Automatic Information, but then you may not be able to use the App.

How We Use Your Information

We may use the information you provide and we collect to:

  • Verify your identity;
  • Provide and maintain the App;
  • Provide you with information about the App and us;
  • Assist you and help us perform responsibilities described in the End User License Agreement; and
  • Fulfill any other purpose for which you provide information.

We expect that all use and disclosure of your information will occur in the United States, and will be governed by United States law; however, some information may travel over the Internet and may travel outside the United States. Even if some information does travel outside the United States, you agree that the laws of the United States will apply.

Sharing Information

We will not sell or rent your information to anyone, but we may share your information with others, such as our subsidiaries, contractors, and affiliates as necessary to operate our business, and as permitted by law. We may aggregate data about users of the App in a non-identifiable manner and use it for our business purposes unrelated to your use of the App. For example, we may aggregate data for product development and improvement activities and disclose such aggregated data to third parties. However, it is important to note that no personally identifiable information is available or used in this process.

We may also share your information as required by law or by a court order. Also, we may share your information when we believe, in good faith, that sharing is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.

Third-Party

The App may contain links to websites or content we do not control. These links are for your convenience only, and we do not endorse or make any promises or guarantees about such other websites. You should review the privacy policies posted on these websites carefully before providing any information. We are not responsible for the privacy policies or the content of any other websites.

Security

We protect information about you by using reasonable security measures. These security measures include physical security measures, like a locked data center, administrative security measures, like policies and rules about how our employees use data and who is permitted to handle sensitive data, and technological measures, like encryption. By using several different kinds of security measures, we try to protect your information. However, no security is perfect, and no security system can prevent all security breaches. You transmit information to us at your own risk.

Children’s Data

We do not intentionally collect information about children under 13 years old unless a parent or guardian expressly consents to collection of information about that child. Parents, please use the “Contact Us” information below to give permission.

If we find out that a user is under 13 years old and we have not received permission from a parent or guardian, all Personal Information will be permanently deleted.

If a parent or guardian becomes aware that a child under 13 years old has provided Personal Information to us without their consent, please contact us through the “Contact Us” below. We will permanently delete that Personal Information within a reasonable time.

Changes to this Privacy Policy

This Privacy Policy may be updated or changed from time to time for any reason and at our sole discretion. It is a good idea to review this Privacy Policy frequently for any such changes. Your continued use of the App means you accept any changes.

Contacting Us

If you have questions about this Privacy Policy, please contact us at the following:

  • Ascension Health
  • Email: AHNAT-DL-Mobile_Support@ascensionhealth.org
  • Address: 1109 South Green River Road
  • Address Line 1: Evansville, IN 47715-6803