TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING INTELLIHEALTH SERVICES. REFERENCE TO THE TERM “SERVICES” MEANS COPYRIGHTED AND TRADEMARKED SOFTWARE APPLICATONS, WEBSITES, MEDICAL SERVICES CONSULTATIONS, AND MEDICAL EDUCATION SERVICES CONSULTATIONS OFFERED BY INTELLIHEALTH, ITS PARTNERS, AND CUSTOMERS.
2. Scope and Description of Services
The Services contains material and information about Intellihealth and its various software applications, medical care model programs, copyrighted educational materials, and telemedicine programs. The information within the Services includes copyrighted software user interfaces, copyrighted software functionality and associated features and tools, copyrighted software algorithms and know how, copyrighted software systems, copyrighted medical practice models, medical references, educational courses, informational articles, animations, videos, images, and additional resources for healthcare professionals and their referral patients, employer organizations, and medical insurance organizations. You may be able to access sections of the Services without having to register any personal and/or organizational demographic details, including personal health information (“Information”) details by using the Services; however, particular areas of the Services will only be accessible if you have registered Information.
Please note that certain Sections of the Services are intended for licensed healthcare professionals or their referral patients. As a healthcare professional, you must always remember that the Services are not meant to serve as a substitute for your own clinical judgment as a healthcare professional or medical advice provided to your referral patients. If you are a referral patient or consumer who elects to browse the Services or use any of the Services, you should proceed using the Services with a physician and/or medical services provider who is associated with your individual health care treatment.
Among other activities, Services enable coordination and communication between a health care provider and their referral patient. Services do not replace an existing relationship between a referral patient and their existing health care provider(s). The Services might not be appropriate to referral patients for all medical conditions or concerns. For medical questions during the use of the Services, you agree to seek advice and guidance related to Services from your existing medical care providers, and furthermore agree Intellihealth is not responsible or legally liable to you based upon any recommendations made by or associated to its Services, including; decisions about medication selection, medication usage, lifestyle and behavioral modifications, and any other forms of medical treatments or advice. During the use of Services, if you have a medical emergency, immediately dial emergency help services using “911”.
3. Services Uptime
We take all reasonable steps to ensure that the Services is available 24 hours every day, 365 days per year. However, our Services do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if the Services is unavailable at any time. The Services may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. When applicable, we will try to give our Users advance warning of scheduled maintenance issues.
4. User Representation
As a healthcare professional and user of the Services, you are responsible for the completeness and accuracy of Information related to your state license number, your professional medical liability insurance, and your professional credentialing representation that you provide to Intellihealth and your referral patients. As a healthcare professional, you are personally responsible and legally liable for maintaining your professional medical liability insurance during the use of the Services.
As a healthcare professional, if your professional use of the Services is solely deemed by Intellihealth to be medically inappropriate use of the Services based upon their intended use; or your medical liability insurance and/or your continuing education credentialing certification requirements lapse or are not maintained during the Subscription Term, Intellihealth has the right to immediately terminate your use of the Services and you will be legally liable to pay any of your remaining monies owed to Intellihealth for the remaining time period associated to your Subscription Term within thirty (30) days to Intellihealth.
As a referral patient or other consumer and user of the Services, you are responsible for the completeness and accuracy of the Information that you provide to us. If your personal use of the Services is solely deemed by Intellihealth to be medically inappropriate use of the Services based upon their intended use during the Subscription Term, Intellihealth has the right to immediately terminate your use of the Services and you, or your referring employer organization, or health insurance provider organization will be legally liable to pay any of your remaining monies owed to Intellihealth for the remaining time period associated to your or their Subscription Term within thirty (30) days to Intellihealth.
You are permitted to use the Services for your own purposes and when appropriate and applicable, to print and download copyrighted medical practice models, medical references, educational courses, informational articles, animations, videos, images, and additional resources contained within the Services provided that you do not modify, commercially use for you or your organization’s own purposes, or directly or indirectly personally profit from the sale of any copyrighted medical practice models, medical references, educational courses, informational articles, animations, videos, images, and additional resources from the Services without Intellihealth’s written and authorized consent. The copyright and other intellectual property rights in all copyrighted software user interfaces, copyrighted software functionality and associated features and tools, copyrighted software algorithms and know how, copyrighted software systems, copyrighted medical practice models, medical references, educational courses, informational articles, animations, videos, images, and additional resources contained within the Services are owned by Intellihealth and/or our third party licensors.
Except as expressly permitted in this Agreement, the Services may not be reproduced, transmitted, or distributed without Intellihealth’s prior authorization and written consent. A user may not commingle any portion of the Services with any other information and shall not edit, modify, or alter any portion thereof.
5. Information Submissions, Communications and Privacy
6. User Liabilities
Any user of the Services agrees to be responsible for all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, which Intellihealth, its affiliates, members, managers, officers, employees, and authorized representatives may incur as a result of either: (i) such user’s breach of this Agreement; or (ii) material entered into Intellihealth.co with the use of the user’s password or other access or identification. Any user of the Services may not, knowingly: use the Services for any illegal purpose, that is, a purpose that is prohibited by any local, state, national or international law or regulation, or to facilitate the violation thereof; fail to respect other users’ privacy. This includes revealing another user’s password or any other personally identifiable Information; or, post or send to or from the Services any material for which you have not obtained all necessary consents post or send to or from the Services; any material that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others; or, which encourages or constitutes conduct that would be deemed a criminal offense; give rise to civil liability, or, otherwise is contrary to a law in the United States of America; or, post, upload, email, transmit or otherwise distribute viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware; use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of Intellihealth.co; or, any data or content found on or accessed through Intellihealth.co; or, any other Intellihealth.co information without prior express written consent of Intellihealth in every instance; or, obtain or attempt to obtain through any means any materials or information on Intellihealth.co that has not been intentionally made publicly available either by public display on Intellihealth.co or through accessibility by a visible URL page or link on Intellihealth.co; violate any measure employed to limit or prevent access to Intellihealth.co or the site’s content; or, impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity; disobey any requirements, procedures, policies or regulations of networks connected to the Services; or use the Services to stalk or harass another.
You are solely responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or account. You are responsible for all activities that occur under your password or account. It is your sole responsibility to (1) control the dissemination and use of activation or identification codes and password’s information; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform us of any need to deactivate a password; (4) agree to Intellihealth’s password information administration requirements and changes thereto during the Subscription Term. You grant Intellihealth and all other persons or entities involved in the operation of the Services or any of its programs the right to transmit, monitor, retrieve, store, and use your password information in connection with the operation of the Services as they pertain to your access to the Services. We cannot and do not assume any responsibility or liability for any information you submit using your password, or your or third parties’ use or misuse of the password information transmitted or received using our Services.
8. Links to Other URL, Internet Enabled Websites and Third-Party Devices
The Services contains secure and non-secure URL links to non-Intellihealth internet sites and third-party health and medical devices (“Enabled 3rd Party Services”). In the majority of the Enabled 3rd Party Services, Intellihealth has reviewed and established a contractual business relationship with the Enabled 3rd Party Services’ associated website operations and content. During your Subscription Term, Intellihealth may link to non-reviewed URL links and websites (‘Non-Intellihealth Links”) established by our licensed customer’s use of the Services. Intellihealth assumes no legal liability and responsibility for the content and functionality associated to Non-Intellihealth Links to which the Services provide on behalf of our customer licensees. Links to Non-Intellihealth Links within the Services do not imply the endorsement or approval of such URLs, web sites, associated products and services, publications contained within them. If you choose to access a Non-Intellihealth Links, it is at your own risk.
We reserve the right to suspend or terminate your account if you violate this Agreement or if Intellihealth discontinues, temporarily or permanently, the Services. You agree that all terminations for violations caused by you, your employer organization, or medical insurance provider organization shall be made in Intellihealth’s sole and absolute discretion. Intellihealth shall not be liable to you or any third party for any termination of your account, access to the Services, or your Information post termination.
If your violation causes harm to others, you agree to be legally liable and responsible for any and all loss, damage, or expense to Intellihealth and its associated third parties, including attorneys’ fees and court costs.
Intellihealth take all commercially reasonable steps to ensure that the Services are accurate, medically compliant, and correct. However, we do not guarantee the correctness or completeness of the Services. We may make changes to the Services at any time upon written notice to users. If information on the Services is out of date, or on rare occasions incorrect, we will make every effort to promptly correct the information. Except as set forth herein, the Services are provided without any conditions or warranties of any kind. To the maximum extent permitted by law, Intellihealth provide access to and the use of the Services on the basis that Intellihealth excludes all representations, warranties and conditions as set forth within this Agreement.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Representation, Information Submissions, User Liabilities, Disclaimer, Miscellaneous.