Last Updated: December, 2014
ACCEPTANCE OF TERMS; DESCRIPTION OF
(“TOU”) govern your use of and access to www.IHAconnect.org, www.mycareinsight.org and all related websites operated by or
for Indiana Hospital Association (“IHA,” “we,” “us,” “our”) (collectively, the
“Site”). These TOU also govern the products or services available through
the Site, or made available by IHA through a third party website (collectively,
the “Services”). IHA reserves the right to update these TOU at any time
without notice to you. When we do, we will also revise the "Last
Updated" date at the top of these TOU. The most current version of these
located within the Site. By accessing the Site or using the Services, you
are consenting to these TOU. We grant you a license to access and use the
Site, including the right to view, bookmark, download and print, for your
noncommercial, personal use and information only, subject to the terms of these
PLEASE READ THESE TOU CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THESE TOU, INCLUDING THE
DISCLAIMER. IF YOU ARE NOT ABLE OR WILLING TO BE BOUND BY THESE TOU, YOU MAY
NOT ACCESS OR USE THE SERVICE. WE MAY MODIFY THESE TOU, INCLUDING THE PRIVACY
POLICY AND NOTICE OF PRIVACY PRACTICES, AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TOU ON THE SERVICE.
WE HAVE NO OBLIGATION TO NOTIFY YOU OF ANY SUCH MODIFICATIONS; YOU AGREE TO
REVIEW THESE TOU PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED TOU.
Through the Site, IHA may provide you with
access to one or more hospital assessment tools, and other Services. The
Services, including any updates, enhancements and/or the addition of any new
websites, are subject to the TOU. The Services are for informational
purposes only, and are not intended to be a substitute for professional medical
advice, diagnosis or treatment. Always seek the advice of your physician
or other qualified health provider with any questions you may have regarding a
medical condition. Never disregard professional medical advice or delay
seeking medical advice because of something you have read on the Site.
THE SITE IS NOT A MEANS OF COMMUNICATING AN URGENT NEED FOR CARE. IF YOU
THINK YOU MAY HAVE A MEDICAL EMERGENCY, OR ARE FEELING SUICIDAL, CALL 911
IMMEDIATELY. Reliance on any information on, or accessible through, the
Site is solely at your own risk.
No one may modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works based upon, transfer, or sell any information, photos, data,
products or services obtained from the Services, without the prior written
consent of IHA in each instance.
HOSPITAL PRICING USE
site allows health care consumers to receive basic, facility-specific
information about services and charges provided in Indiana hospitals. The site
uses 2013 data from the Indiana State Department of Health All-Payer
Severity-Adjusted DRG Average Charges and displays the 100 most frequent
statewide APR-DRGs. Hospital specific average charges are available at: www.in.gov/isdh/26397.htm.
information being displayed is based on the average hospital charge for a
specific service. This website cannot provide exact information about what you
will pay for your health care. You need to contact your insurance company to
determine the specific information regarding what you will be expected to pay
based upon your insurance policy.
You must be an individual at least
thirteen (13) years of age to access the Service and to set up a general
account. We will allow users younger
than these ages to access the Service and/or the Site upon verifiable parental
consent. We comply with the Children's
Online Privacy Protection Act (COPPA) and do not knowingly permit registration
or submission of personally identifiable information by anyone under 13 years
of age. This age requirement is posted
each time we request personally identifiable information. Pursuant to 47 U.S.C.
Section 230(d), as amended, we hereby notify you that parental control
protections are commercially available that may assist you in limiting access
to material that is harmful to minors.
PRIVACY AND PROTECTION OF PERSONAL
See the IHA Privacy
Policy regarding the collection and use of your personal information. You
IHA AND/OR ITS AGENTS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE SITE OR SERVICES FOR ANY PURPOSE
NOR THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE
SITE. THE SITE AND SERVICES ARE PROVIDED BY IHA ON AN "AS IS" BASIS AND
“WITH ALL FAULTS”. IHA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE SITE. IHA DOES NOT WARRANT
AGAINST OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES, INCLUDING LOSS OF DATA.
IHA CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR
DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN
HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. TO
THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IHA DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
DISCUSSION BOARDS AND FORUMS, IF ANY, ARE
NOT CHECKED FOR MEDICAL ACCURACY. THE OPINIONS EXPRESSED IN THESE FORUMS
REFLECT ONLY THE OPINIONS OF THE INDIVIDUAL AUTHORS AND DO NOT REFLECT THE
VIEWPOINT OF IHA OR ANY OF IHA’S INFORMATION PROVIDERS. THE SITE IS NOT
RESPONSIBLE FOR ANY STATEMENTS OR MATERIALS POSTED IN THESE FORUMS.
THE INFORMATION PUBLISHED ON THE SITE COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION IN THE SITE. IHA AND/OR ITS AGENTS MAY
MAKE CHANGES TO THE INFORMATION CONTAINED IN THE SITE AT ANY TIME.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL IHA
AND/OR ITS AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF
THE SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED ON
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. FURTHERMORE, THE MAXIMUM
AGGREGATE LIABILITY OF IHA AND/OR ITS AGENTS TO YOU FOR ANY DAMAGES OF ANY KIND
ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR THE SERVICES IS ONE
HUNDRED DOLLARS ($100).
You agree to indemnify, defend and hold
harmless us, our officers, directors, employees, agents, suppliers and
licensors (collectively the "Service Providers") from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these TOU or any activity related to your access
of the Site, your activities on the Site, or the your account (including
negligent or wrongful conduct) by you or any other person accessing the Site
using your account.
USER ACCOUNT, PASSWORD AND SECURITY.
If any of the Services
requires you to open an account or otherwise log in, you must complete the
registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also may be
asked to choose a password and a username. You must select a confidential
password and maintain that password in a confidential and secure manner. We may require verification of end user
identity through multiple devices or impose additional security procedures as
we deem appropriate. Ultimately, you are solely responsible for maintaining the
confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You agree
to notify IHA immediately of any unauthorized use of your account or any other
breach of security. IHA will not be liable for any loss that you may incur as a
result of someone else using your password or account, either with or without
your knowledge. However, you could be held liable for losses incurred by IHA or
another party due to someone else using your account or password. You may not
use anyone else's account at any time without the permission of the account
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your
use of the Site or Services, you agree not to use the Site or Services for any
purpose that violates any applicable laws or regulations, or that is prohibited
by these TOU, including, but not limited to, the following:
1. You may not use the Site or Services in any manner that
could damage, disable, overburden or impair any server that hosts the Site, or
the networks connected to any such server, or interfere with any other party's
use and enjoyment of the Site or Services.
2. You may not attempt to gain unauthorized access to other
accounts or to any of the Services through hacking, password mining or any
3. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available through the Site
4. You may not post or transmit any message which is
libelous, defamatory or which discloses private or personal matters concerning
any person. You may not post or transmit any message, data, image or program
which is indecent, obscene or pornographic.
5. You may not post or transmit any message, data, image or
program that would violate the property rights of others, including
unauthorized copyrighted text, images or programs, trade secrets or other
confidential proprietary information, and trademarks or service marks used in
an infringing fashion.
6. You may not post or transmit any message which is
harmful, threatening, abusive or hateful. It is not the Site’s intent to
discourage you from taking controversial positions or expressing vigorously
what may be unpopular views; however, we reserve the right to take such action
as we deem appropriate in cases where the Site is used to disseminate
statements which are deeply and widely offensive and/or harmful or otherwise
7. You may not use the facilities and capabilities of the
Site to conduct any activity or solicit the performance of any activity which
is illegal or which infringes on or violates the rights of others.
IHA reserves the right at all times to
disclose any information as IHA deems 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, in IHA's sole
MATERIALS PROVIDED TO IHA.
IHA does not claim
ownership of the information you provide to IHA, including feedback or
suggestions regarding the Site or Services (collectively
"Submissions"). However, by providing Submissions, you agree you are
granting IHA a royalty-free, perpetual, sublicensable right to use your
Submissions as IHA sees fit in connection with the operation of IHA’s business
(including, without limitation, all Services).
contents of the Site are copyrighted as a collective work under the United
States and other copyright laws. We hold the copyright in the collective work.
The collective work includes works, which are the property of IHA’s licensors,
which are also protected by copyright and other intellectual property laws.
Except where your use constitutes “fair use” under copyright law, or if such use
is for your own non-commercial use, you may not otherwise use, download,
upload, copy, print, display, perform, reproduce, publish, license, post,
transmit or distribute any information from the Service in whole or in part
without our express written authorization.
You agree not to change or delete any proprietary notices from materials
downloaded from the Site.
Any and all
trademarks and service marks appearing on the Site are trademarks owned by, or
duly licensed to, IHA or any of its affiliates, as well as its business
partners. Any unauthorized use of these
trademarks is strictly prohibited without the express written permission of us.
DIGITAL MILLENNIUM COPYRIGHT ACT.
Pursuant to Title 17,
United States Code, Section 512(c)(2), notifications of claimed copyright
infringement should be sent to the representative below. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. IHA’s
copyright agent for notice of claims of copyright infringement on the Site is IHA
Director of Communications who can be reached as follows:
Director of Communications
Indiana Hospital Association
1 American Square, Suite 1900
Indianapolis, IN 46282
To be effective, the notice must include
1. A physical or electronic signature of the owner, or a
person authorized to act on behalf of the owner ("Complaining Party")
of an exclusive right that is allegedly being infringed upon;
2. Information reasonably sufficient to permit us to contact
the Complaining Party, such as an address, telephone number, and if available,
an electronic mail address;
3. Identification of the allegedly infringing material on
the Site ("Infringing Material"), and information reasonably
sufficient to permit us to locate such material on the Site;
4. Identification of the copyrighted work claimed to have
been infringed upon ("Infringed Material"), or a list of each
copyrighted work claimed to have been infringed (please be specific as to which
Infringing Material is infringing on which Infringed Material);
5. A statement that the Complaining Party has a good faith
belief that use of Infringing Material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the Notice is
accurate, and under penalty of perjury, that the Complaining Party is the owner
or is authorized to act on behalf of the owner of an exclusive right that is
LINKS TO THIRD PARTY SITES.
IHA MAY PROVIDE LINKS THAT WILL LET YOU LEAVE THE SITE. THE LINKED SITES
ARE NOT UNDER THE CONTROL OF IHA AND IHA IS NOT RESPONSIBLE FOR THE CONTENTS OF
ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR
UPDATES TO SUCH SITES. IHA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM
OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. IHA IS PROVIDING THESE LINKS TO
YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY
ENDORSEMENT BY IHA OF THE LINKED SITE, OR ANY PRODUCTS OR SERVICES AVAILABLE
These TOU shall be governed by and construed in
accordance with the laws of the State of Indiana. You agree that any legal
action or proceeding between us and you for any purpose arising out of or
concerning these TOU or the parties' obligations hereunder shall be brought
exclusively in a court of competent jurisdiction sitting in Marion County,
Indiana. Any cause of action or claim you may have with respect to the Site
must be commenced within one (1) year after the claim or cause of action
arises. Our failure to insist upon or enforce strict performance of any
provision of these TOU shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of these TOU. We may assign our rights and
constitutes the entire agreement between you and us, and contains all of the
understandings and agreements of the parties, in respect of the subject matter
Any rights not expressly granted by IHA in
these TOU are reserved.