Terms of Use
These Terms of Use (“TOU”) govern your use of and access to www.IHAconnect.org and the IHA Member Portal (collectively, the “Site”) operated by or for the Indiana Hospital Association (“IHA,” “we,” “us,” “our”). 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”). By accessing the Site or Services you agree to these TOU, which may be updated at any time without notice. When we do, we will also revise the "Last Updated" date at the top of these TOU. The most current version of these TOU can be reviewed by clicking on the "Terms of Use" hypertext links located within the Site. 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 TOU.
PLEASE READ THESE TOU CAREFULLY BEFORE ACCESSING OR USING THE SITE OR SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THESE TOU. IF YOU ARE NOT ABLE OR WILLING TO BE BOUND BY THESE TOU, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. WE MAY MODIFY THESE TOU, INCLUDING THE PRIVACY POLICY, AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TOU OR PRIVACY POLICY ON THE SITE. WE HAVE NO OBLIGATION TO NOTIFY YOU OF ANY SUCH MODIFICATIONS; YOU AGREE TO REVIEW THESE TOU AND THE PRIVACY POLICY PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS, AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TOU AND PRIVACY POLICY.
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 these TOU. The Site and 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 care providers 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. Further, this Site is not a means of communicating or adjudicating coverage or procedure decisions. Reliance on any information on, or accessible through, the Site is solely at your own risk.
No one may modify, copy, reproduce, publish, or license the Site, or sell any information, photos, data, products, or services obtained from the Site or Services, without the prior written consent of IHA in each instance. The Services provided in the IHA Member Portal are for use by individuals with an approved account only.
You must be an individual at least thirteen (13) years of age to access the Site and Services and to register for the IHA Member Portal. We will allow users younger than thirteen (13) years of age to access the Site and Services 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 thirteen (13) years of age. 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.
Please see the Privacy Policy regarding the collection and use of your personal information. You can view the Privacy Policy here. The Privacy Policy is incorporated into these TOU.
IHA AND/OR ITS EMPLOYEES OR 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 ON AN "AS IS" BASIS AND “WITH ALL FAULTS”. IHA AND/OR ITS EMPLOYEES OR AGENTS MAKE 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 AND/OR ITS EMPLOYEES OR AGENTS DO NOT WARRANT AGAINST OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES, INCLUDING LOSS OF DATA. IHA AND/OR ITS EMPLOYEES OR AGENTS CANNOT AND DO 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 AND/OR ITS EMPLOYEES OR AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
DISCUSSION BOARDS 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 AND/OR ITS EMPLOYEES OR AGENTS. IHA AND/OR ITS EMPLOYEES OR AGENTS ARE NOT RESPONSIBLE FOR ANY STATEMENTS OR MATERIALS POSTED IN A DISCUSSION BOARD. PLEASE REVIEW THE DISCUSSION BOARD CODE OF CONDUCT IN MORE DETAIL PRIOR TO USE.
THE INFORMATION PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THE SITE. IHA AND/OR ITS EMPLOYEES OR AGENTS MAY MAKE CHANGES TO THE INFORMATION CONTAINED ON THE SITE AT ANY TIME.
LIMITATION OF LIABILITY. IN NO EVENT SHALL IHA AND/OR ITS EMPLOYEES OR 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 EMPLOYEES OR 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 (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
When creating an account for the IHA Member Portal, 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 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 holder.
As a condition of your use of the Site and 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 other means.
3. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Services.
4. You may not post or transmit any message that is libelous, defamatory, or discloses private or personal matters concerning any person. You may not post or transmit any message, data, image, or program that 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 or images or trademarks or other service marks, or that includes trade secrets or other confidential or proprietary information.
6. You may not post or transmit any message that 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 that are deeply and widely offensive and/or harmful or otherwise unacceptable.
7. You may not use the facilities or capabilities of the Site to conduct any activity or solicit the performance of any activity that is illegal or 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 discretion.
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, the Site and Services).
The entire contents of the Site are copyrighted as a collective work under the United States and other copyright laws. 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 Site or Services 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 our express written permission.
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 Deputy General Counsel who can be reached as follows:
Attn: Laura Brown
Deputy General Counsel
lbrown@IHAconnect.org
Indiana Hospital Association
500 N. Meridian St. | Suite 250
Indianapolis, IN 46204
To be effective, the notice must include the following:
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 allegedly infringed.
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 FROM IT.
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 duties under these TOU to any party at any time without notice to you. These TOU, together with the Privacy Policy, 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 hereof.
Any rights not expressly granted by IHA in these TOU are reserved.