WebView Terms of Use
The undersigned (“You” or “Your”) agrees to these terms of use (the “Terms of Use” or the “Agreement”) or by otherwise using any portion of the SIU Medicine (“We” “Us” Or “Our”) WebView Services (the “Service”), You agree to be bound by these Terms of Use, effective immediately at the time of such use. If You do not agree with these Terms of Use, You are not authorized to use the Service.
1. SCOPE OF TERMS OF USE. These Terms of Use govern Your use of and access to the Service. Please review them carefully before using the Service.
2. DESCRIPTION OF THE SERVICE. We provide the Service through a web-based interface, and provide You with access to review portions of Your medical record maintained by SIU Medicine. You must have access to the Internet to use the Service, and You are solely responsible for, without limitation, obtaining and maintaining all telecommunications, broadband and computer hardware, equipment, and services which You utilize to access and use the Service, and You are responsible for paying all charges related to such use. You are responsible for ensuring that Your equipment is compatible with the Service.
3. AUTHORITY AND CAPACITY You represent, warrant and covenant that You meet or exceed the minimum age standard as outlined in the State of Illinois statutes regulating such access/use of the Service.
4. ENROLLMENT AND CANCELATION In order to access the Service, You must provide Us with all information required in the enrollment process; by way of example and not limitation, such information may include Your personal information and e-mail address. You represent, warrant and covenant that the information You provide is true, accurate, current and complete information about Yourself and You agree not to misrepresent Your identity. You understand and acknowledge that We are relying upon the accuracy of the information You provide in order to provide the Service, and to the extent the information You supply is inaccurate, incomplete or misleading, We will not adequately be able to provide the Service to You. You must contact Us in order to cancel Your use of the Service, by calling Us at 618-536-6621. If Your agreement expires or You terminate Your agreement, We will cancel Your account and You will no longer be able to use the Service.
5. PROFILE CREATION; PASSWORD SECURITY When You enroll in the Service, We ask You to provide profile and contact information and create a user identification and password. You represent, warrant and covenant that You are not impersonating any person or misrepresenting Your identity or affiliation with any person, including using another person’s username, password or other identifying information. If We have reason to suspect any such information You provided is not authorized, accurate, current or complete, We may, without limitation and among other remedial options, refuse You access to the Service without notice
You acknowledge that You are responsible for maintaining the confidentiality and security of Your password and for all activities that occur using Your User ID and/or password. As such, You should not share Your User ID or password with others. We will not be liable for any loss that You may incur as a result of someone else using Your User ID and/or password, either with or without Your knowledge. In the event You become aware that the security of Your User ID and/or password may have been compromised, You agree to immediately contact Us by calling 618-536-6621
6. VIOLATIONS OF TERMS SIU Medicine reserves the right to investigate suspected violations of the Terms of Use and to seek all remedies available at law and in equity for violations of the Terms, including blocking access to the Service or otherwise suspending or terminating access to the Service without notice. SIU Medicine reserves the right to interrupt or restrict Your access to the Service, without notice to You, if We suspect fraudulent or abusive activity or to take further appropriate measures to ensure the security and integrity of the Service. SIU Medicine will use commercially reasonable efforts to maintain the security and integrity of the Service; however, You acknowledge and agree that there is no guarantee of absolute security of information that is communicated over the Internet.
7. SERVICE AVAILABILITY, MODIFICATION & DISCONTINUATION We reserve the right to discontinue the Service, whether temporarily or permanently, or otherwise supplement, change, or modify the appearance and/or any features or functions of the Service, in any way, in whole or in part at any time for any reason without notice. WE SHALL NOT BE LIABLE AND SHALL HAVE NO OBLIGATION TO YOU OR ANY THIRD PARTY IN THE EVENT WE EXERCISE OUR RIGHT TO DO SO. The Service is subject to transmission limitation or interruption. You acknowledge and agree that Your access to the Service is subject to periodic downtime to permit hardware and/or software maintenance to take place from time to time. You acknowledge and agree that We are not responsible for Service performance degradation and delays. You acknowledge that SIU Medicine shall not be liable to You if the Service is interrupted for any reason. If You are dissatisfied with the Service for any reason whatsoever, You acknowledge and agree that Your sole remedy shall be to cease using of the Service.
8. FEES FOR SERVICE There is no annual fee for utilization of the Service. We reserve the right to review fee policies from time to time and to adjust the fees that apply to Your use of the Service at our discretion at any time.
9. DISCLAIMER OF WARRANTIES THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WE MAKE NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICE UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, OUR NEGLIGENCE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THAT WE MAKE NO WARRANTY THAT SECURITY BREACHES WILL NOT OCCUR. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.
10. LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, OBLIGATIONS, COSTS OR EXPENSES OR OTHER LIABILITY ARISING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE PERTAINING TO: (I) ANY TERMINATION, SUSPENSION, DELAY, OR DISRUPTION OF YOUR INTERNET SERVICE, (II) ANY FAILURE, DELAY, DISRUPTION OR MALFUNCTION OF THE SERVICE, THE INTERNET OR ANY COMMUNICATIONS NETWORK, FACILITY OR EQUIPMENT BEYOND OUR REASONABLE CONTROL, (III) ANY DAMAGES ARISING FROM YOUR FAILED ATTEMPTS TO ACCESS THE SERVICE, OR (IV) ANY DAMAGES ARISING FROM ANY FAILURE TO TRANSMIT, OBTAIN OR COLLECT DATA OR FOR HUMAN, MACHINE, OR SOFTWARE ERRORS OR FAULTY OR ERRONEOUS INPUT BY YOU. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY AFFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES, OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.
11. INDEMNIFICATION You agree to indemnify and hold SIU Medicine as well as its parent, subsidiaries, affiliates, officers, and employees, harmless from and against any claim or demand, including reasonable legal fees, made by any third party resulting from or arising out of Your use of the Service (or the Service by persons using Your User ID and/or password), any breach of these Terms of Use, or any negligence or willful misconduct with respect to Your use of the Service.
12. LAWFUL USE OF SERVICE; RULES OF CONDUCT You warrant, represent and covenant that You will not access or use the Service in any unlawful manner, for any unlawful purpose or in violation of the Terms of Use or applicable laws, rules, and regulations
You warrant, represent and covenant that You will not engage in the uploading, posting, decompiling, reverse engineering, disassembling, modification, copying, distribution, transmission, reproduction, republication, licensing, display, sale, transfer or creation of derivative products or other works of or from any product, service, information, content, software, message, advertisement or any other work found at, aggregated at, contained on, distributed through, linked to or from, downloaded to or from or in any other manner accessed from the Service You warrant, represent and covenant that You will not post, transmit, publish, disseminate, or otherwise, communicate any information or material: (a) that is defamatory, libelous, indecent, obscene, fraudulent, threatening, abusive, or invades another person’s privacy, proprietary or any other legal rights; (b) that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Service or the proper functioning of any software, hardware, equipment or materials used in connection with the Service; (c) that is bulk unsolicited advertising, promotional information, e-mail, or other solicitation, including without limitation, junk mail, “spam,” chain letters or pyramid schemes of any sort, to any person through the use of the Service. We reserve the right to take any appropriate action if We become aware of any use of the Service which We believe violates any law or is otherwise wrongful.
13. ACCESS TO PASSWORD PROTECTED; SECURE AREAS Access to and use of password protected and/or secure areas of the Service is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Service may be subject to prosecution or any other remedy at law or in equity that SIU Medicine may pursue in its sole discretion.
14. FORCE MAJEURE Neither party shall be liable for non-performance due to acts of God, civil disturbances, strikes, power failures, telecommunications breakdowns, changes in applicable laws or regulations, fire or any other cause which such party cannot prevent by the exercise of reasonable diligence.
15. GOVERNING LAW If You are located in the United States, then this Agreement is governed by and will be construed in accordance with the laws of the State of Illinois, regardless of the laws that might otherwise govern under its principles of conflicts of laws. Any action by either You or SIU Medicine will be brought in the state and federal courts located in Sangamon County, Illinois and each of said parties consents to the exclusive jurisdiction of such courts and waives any claim of lack of jurisdiction or forum non conveniens.
16. ASSIGNMENT You shall not assign these Terms of Use, without our prior written consent. SIU Medicine may assign these Terms of Use without Your consent. Except as otherwise specified herein, these Terms of Use bind, and inure to the benefit of, the parties and their respective successors and permitted assigns.
17. WAIVER; CUMULATIVE RIGHTS The failure of either party to enforce any rights granted by these Terms of Use or to take action against the other party in the event of any breach hereof shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
18. SEVERABILITY If any provision of these Terms of Use is held by a court of competent jurisdiction to be void, contrary to law or for any reason otherwise unenforceable, then such provision shall be construed, as nearly as lawfully possibly, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The severance of any void, unlawful or otherwise unenforceable section shall not affect the validity or enforceability of any remaining provisions herein.
19. ENTIRE AGREEMENT These Terms of Use represent the entire agreement between You and SIU Medicine regarding the use of the Service and supersede any previous agreements, understandings, or courses of dealings regarding the use of the Service.