InVivoLink Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Agreement”) CAREFULLY. By accessing and using this website, you agree to be bound by the terms and conditions of this Agreement. This Agreement is between you (sometimes referred to as “you” or “your”) and InVivoLink, Inc. and its subsidiaries and affiliates (collectively referred to as “InVivoLink”, “us”, “our”, or “we”).
DO NOT ACCESS THE WEBSITE IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE.
Description of the InVivoLink Patient Portal Service
InVivoLink facilities the electronic collection, sharing, transmittal, and processing of patient health information and related data, including personally identifiable information (“Health Information”), that is maintained by participating hospitals and physician health care groups (“Participant”) through our Internet-based patient health care coordination system (“YourCareSteps”). YourCareSteps is an information sharing tool only. The design and function of YourCareSteps, any InVivoLink website, and the contents of both, such as text, graphics, images, audio and video files, user help files, Health Information, layout and presentation, analytic and demographic data relating to your use of YourCareSteps, and other material contained in YourCareSteps ("InVivoLink Content") are for informational purposes only.
This Is Not Medical Advice
GO TO THE EMERGENCY ROOM OF A LOCAL HOSPITAL OR DIAL 911 IMMEDIATELY IN THE EVENT OF AN EMERGENCY.
You agree that our provision of YourCareSteps, Health Information, or any other information provided through YourCareSteps do not constitute the practice of any medical, nursing, or other professional health care advice, diagnosis, or treatment.
DO NOT USE YOURCARESTEPS OR ANYTHING YOU FIND ON YOURCARESTEPS AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. We do not control, recommend, or endorse any specific health care providers, treatments, products, services, information, or content provided by third parties on YourCareSteps. You are responsible for evaluating and deciding the reputation and truthfulness of specific health care providers, treatments, information, content, products, and services that may be available through YourCareSteps. WE DO NOT MAKE ANY GUARANTEE ABOUT THE RELATIONSHIP BETWEEN YOU AND ANY HEALTH CARE PROVIDER, OR WHETHER ANY INFORMATION, PRODUCTS, OR SERVICES YOU FIND ON YOURCARESTEPS WILL HELP YOU ACHIEVE THE RESULT(S) YOU WANT. Do not send US medical questions. WE NOT RESPONSIBLE IF YOU RELY ON ANY CONTENT ON YOURCARESTEPS.
All Health Information to which access is made through the YourCareSteps originates from you, physicians, treating health care professionals, and other parties and not from us. All such Health Information is subject to change arising from numerous factors, including, without limitation, changes to Health Information made at your request, changes in your health condition, the passage of time, and other factors. We neither initiate the transmission of any Health Information nor monitor the specific content of Health Information being transmitted. We have no responsibility for or liability related to the accuracy, content, currency, completeness, content, or delivery of any Health Information.
Protect Your personally identifiable information
YOUR USER ACCOUNT
You are the only person authorized to access and use your YourCareSteps account. You will not give your username, password, or any other account information to a third party. You must immediately notify us of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including, but not limited to: loss, theft, or unauthorized disclosure of your password. YOU ARE RESPONSIBLE FOR ALL OF YOUR ACCOUNT’S USAGE OR ACTIVITY ON YOURCARESTEPS. Any fraudulent, misleading, abusive, or illegal activity may be grounds for termination of your account at our sole discretion and we may refer you to appropriate law enforcement agencies.
You agree that when using YourCareSteps, you will not:
- Delete, modify, hack, or attempt to change or alter any of the InVivoLink Content or notices on YourCareSteps;
- Use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of YourCareSteps, servers, or networks connected to YourCareSteps or take any other action that interferes with any other person’s use of YourCareSteps;
- Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on YourCareSteps for any reason;
- Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which YourCareSteps is based;
- Introduce into YourCareSteps any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to disable, erase, or otherwise harm YourCareSteps or InVivoLink Content, or perform any such actions;
- Introduce into YourCareSteps any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person;
- Use any InVivoLink Content made available through YourCareSteps in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
- Access or attempt to access any other person’s Health Information;
- Send any chain letters, junk mail, unauthorized e-mail, or advertisements;
- Encourage any illegal activities, or post anything that is obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
- Decrypt, transfer, frame, display, or translate any part of YourCareSteps;
- Connect to or access any InVivoLink computer system or network other than YourCareSteps; or
- Use the information in YourCareSteps to create or sell a similar service or similar information.
Any change or update made to your Health Information and all other postings, text, images, messages, files, and/or other materials you post, transmit through, or link from YourCareSteps (collectively, “Your Content”) are your sole responsibility. InVivoLink and YourCareSteps are passive conduits and merely provide a means for the transmission and dissemination of Your Content. YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OR ANY ACTIVITIES ASSOCIATED WITH ANY OF YOUR CONTENT. THE RESULTS OF ANY ACTIONS YOU TAKE BASED ON YOUR CONTENT OR OTHER CONTENT YOU FIND ON YOURCARESTEPS ARE SOLELY YOUR RESPONSIBILITY. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available on YourCareSteps.
We do not pre-screen or approve Your Content and we have no obligation to monitor Your Content. However, we reserve the right to review, modify, monitor, distribute, remove, or delete any of Your Content at our sole discretion. We reserve the right at all times and in our sole discretion to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or to remove any information or materials, in whole or in part.
Without limiting the generality of the foregoing, the following is prohibited in any of Your Content:
- You may not upload, post, or transmit any message, data, code, or software that would violate our, or any third party, proprietary or intellectual property rights, including unauthorized copyright text, images, programs, trade secrets, or other confidential proprietary information, or use trademarks or service marks in an infringing fashion.
- You may not post, upload, or transmit photos or video of any third party without express, written permission. By uploading, transmitting, or posting any photo or video on or through YourCareSteps, you represent and warrant that you have express, written permission from all persons appearing in the media for all potential uses by YourCareSteps or InVivoLink of such media.
- You may not upload, post, or transmit any advertisements or solicitations of business, chain letters, pyramid schemes, or bulk e-mail lists or upload, post, or transmit the same posting more than once.
- You may not collect personal or otherwise identifying data about other users for any reason whatsoever.
- You may not upload, post, or transmit any commercial advertisements or solicitations for conduct or services that would in any manner constitute threatening, harassing, harmful, or abusive behavior.
- You may not upload, post, or transmit any materials that are fraudulent or involve the sale of counterfeit or stolen items.
- You may not upload, post, or transmit any materials that could cause us to violate any applicable law, statute, ordinance, or regulation.
By uploading, transmitting, or posting Your Content, you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute Your Content in its entirety or in part. YOU AGREE TO INDEMNIFY INVIVOLINK, ITS AFFILIATES AND BUSINESS PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FROM ANY AND ALL CLAIMS, DAMAGES, EXPENSES, FEES, LIABILITIES, AND LOSSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM ANY SUCH MATERIALS OR ANY FAILURE TO COMPLY WITH THIS SECTION.
ACCESS THROUGH MOBILE DEVICES
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using YourCareSteps on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using YourCareSteps, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.
When you access YourCareSteps on your Mobile Device, we may obtain information from your Mobile Device about the type of Mobile Device you are using. We may use this information to notify you of features and products that may be available on your Mobile Device via YourCareSteps. Certain features of YourCareSteps may require our collection of the phone number of your Mobile Device. We may link that phone number to the Mobile Device identification information, but will not use that number for telemarketing. In addition, some Mobile Providers in the U.S. are required to use technology that tracks the physical location of Mobile Devices that use their service. Depending on your Mobile Provider and/or Mobile Device, we may automatically receive this information. If we begin to offer services that use this tracking (“pinpointing”) information, we will obtain your consent (an opt-in) before using the information. After obtaining such consent, we may use and store this information to provide location-based services, including location-targeted advertising.
You understand that YourCareSteps is provided over the Internet and mobile networks, so the quality and availability of YourCareSteps may be affected by factors outside our control. We do not guarantee that YourCareSteps will be compatible or operate with your Mobile Provider’s service plans, with any particular Mobile Device, or other piece of hardware, software, equipment, or device you install on or use with your Mobile Device. We are not responsible if YourCareSteps is unavailable or if you cannot download or access YourCareSteps content, for any compatibility or interoperability issues, or for any communication system failure which may result in YourCareSteps being unavailable.
YourCareSteps may allow you to store your log-in credentials in your Mobile Device’s web browser so that you can be automatically logged in each time you access YourCareSteps. If someone else has access to your Mobile Device (e.g., through theft), the automatic log-in feature will allow that person to have access to your account. If your Mobile Device is lost or stolen, you must contact your Mobile Provider immediately to prevent the unauthorized use of YourCareSteps. YOU ARE RESPONSIBLE FOR ANY INVIVOLINK DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOURCARESTEPS FROM YOUR MOBILE DEVICE.
THIRD PARTY WEBSITES AND ADVERTISING
There may be times when YourCareSteps is unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that YourCareSteps will always be available or is completely free of human or technological errors.
YourCareSteps may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in YourCareSteps or any information supplied to you via YourCareSteps, or that files available through YourCareSteps are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.
You must provide the equipment and Internet connections necessary to access YourCareSteps at your own expense. We do not guarantee that YourCareSteps will operate with your computer or internet service plans or with any particular computer or other piece of hardware, software, equipment, or device you install on or used with your computer.
DEACTIVATION OF YOUR SITE ACCOUNT
We may modify, suspend, or close your YourCareSteps account or otherwise stop providing YourCareSteps in whole or in part at any time and for any reason. We will not be liable to you or any third party for suspension or termination of YourCareSteps. You will not be able to access any information on YourCareSteps once your access has been suspended or terminated or YourCareSteps itself has been shut down. You are responsible for making sure Your Content and other information you desire is properly backed up so you have access to it in the event of loss, corruption, or cessation of YourCareSteps. WE DO not export Your Content, Health Information, or other data during your use of YourCareSteps, or provide Your Content, Health Information, or other data to you when your account is closed.
YOURCARESTEPS, OUR OTHER WEBSITES, AND THE INVIVOLINK CONTENT (COLLECTIVELY, THE “SYSTEM”) ARE PROVIDED “AS IS”. WE DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF (I) YOUR USE OR THE RESULTS OF YOUR USE OF THE SYSTEM; (II) ANY ADVICE FROM ANY DOCTORS OR OTHER HEALTH CARE PROVIDERS; OR (III) ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SYSTEM. WE DO NOT PROMISE THAT THE SYSTEM WILL BE UNINTERRUPTED OR WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THERE IS NO WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, HEALTH INFORMATION, OR CONTENT.
INVIVOLINK IS NOT LIABLE TO YOU FOR YOUR USE OF YOURCARESTEPS
We are not responsible for any damages to you or anyone filing suit on your behalf for any reason.
INVIVOLINK AND ITS SUPPLIERS, LICENSORS, PARENT, OR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNEES OR SUCCESSORS-IN-INTEREST, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS, DEMANDS, LOST PROFITS, OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RELATING TO THIS AGREEMENT, YOUR USE OF THE SYSTEM OR ANY INFORMATION YOU OBTAIN ON IT, OR ANY OTHER INTERACTION WITH THE SYSTEM AND YOU VOLUNTARILY AND UNEQUIVOCALLY WAIVE ANY LIABILITY OF INVIVOLINK.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH YOURCARESTEPS WILL BE TO STOP USING YOURCARESTEPS.
IN ANY EVENT, THE MAXIMUM TOTAL LIABILITY OF INVIVOLINK, ITS SUPPLIERS, LICENSORS, PARENT, OR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNEES OR SUCCESSORS-IN-INTEREST, FOR ANY CLAIM WHATSOEVER RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND YOUR SOLE REMEDY SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED ONE THOUSAND DOLLARS ($1000.00).
YOU WILL HOLD HARMLESS, INDEMNIFY, AND DEFEND INVIVOLINK, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES (COLLECTIVELY, “INVIVOLINK PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS (INCLUDING ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, AND REASONABLE ATTORNEYS’ FEES ARISING THEREFROM) RELATING TO ANY ACTION OR PROCEEDING BROUGHT BY A THIRD PARTY AGAINST ANY ONE OR MORE OF THE INVIVOLINK PARTIES (I) ALLEGING INJURY, DAMAGE, OR LOSS RESULTING FROM YOUR USE OF THE SYSTEM; (II) ALLEGING THAT YOUR CONTENT INFRINGES A COPYRIGHT, PATENT, OR TRADEMARK OR MISAPPROPRIATES A TRADE SECRET OF A THIRD-PARTY; (III) RELATED TO ANY ACT OR OMISSION BY YOU WHICH IS A BREACH YOUR OBLIGATIONS UNDER THIS AGREEMENT; AND (IV) YOUR USE OF INFORMATION OR RESULTS OBTAINED THROUGH YOURCARESTEPS.
The interpretation of this Agreement and the resolution of any disputes relating to this Agreement will be governed by the laws of the State of Tennessee without regard to any conflicts of laws provisions. ALL DISPUTES WILL BE BROUGHT SOLELY AND EXCLUSIVELY IN THE STATE OR FEDERAL COURTS SITTING IN DAVIDSON COUNTY, TENNESSEE AND YOU HEREBY EXPRESSLY CONSENT TO THE EXERCISE OF JURISDICTION BY SUCH COURTS. If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of this Agreement will remain fully in force. Our failure to enforce or exercise any provision of this Agreement or related right will not constitute a waiver of that right or provision. No rights or obligations under this Agreement may be assigned or transferred by you, either voluntarily or by operation of law, without our express written consent and in its sole discretion.
You can contact us through YourCareSteps or by e-mail. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or through posting notices to your YourCareSteps account. You may print the communications for your records. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may choose to get legal notices in paper form through the mail if you tell us you do not want legal notices sent electronically. If you choose to paper form, legal notices will be sent to you in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell us you do not want legal notices sent electronically, and for any other notices under this Agreement, send the notice in writing and by certified and registered mail to InVivoLink, Inc., 1905 21st Avenue, Nashville, Tennessee 37212.
BY CLICKING “I AGREE” BELOW, YOU AGREE TO THE TERMS IN THIS AGREEMENT AND PROMISE THAT THAT YOU HAVE THE LEGAL RIGHT AND ABILITY TO AGREE TO THIS AGREEMENT AND TO USE THE SERVICE.
Print or download a copy of this Agreement for your records.