Terms & Conditions2019-01-02T20:20:33+00:00

InXite Terms & Conditions

InXite Health Systems Terms and Conditions Effective Date: February 24, 2017.

InXite Health Systems (hereinafter “InXite”) welcomes you, as a user (each, a “user” or “you”) of smartcare.inxitehealth.com (“Site”) provided that you agree to abide by these terms and conditions (the “Terms”). The purpose of this Site is to present health information to InXite consumers, patients, practitioners, the community, and users of the Site. By using the Site, you (i) accept these Terms and agree to be bound by them; (ii) represent and acknowledged that you have the legal authority to accept such Terms; and (iii) represent and warrant that you are at least eighteen (18) years of age (iv) acknowledge and accept InXite Health Systems, or it’s successors, as your agent in the task of retrieving, aggregating, and consolidating your medical records into one unified patient record. If you do not agree with the Terms, you are not authorized to use the Site. Furthermore, InXite reserves the right, at any time, to modify, alter, or update these Terms. Any such change shall be effective upon the “Posted Date” above. Your continued use of the Site shall be deemed acceptance of the new or modified Terms. If you do not accept these Terms or any future Terms, you must discontinue use of the Site. Additionally, InXite reserves the right at any time with or without cause to modify, update, or remove the Site or any Services or Content (as defined below) related to or provided on or through the Site.

Governing Law

InXite manages the Site from its offices within Franklin County in the State of Ohio. By accessing the Site, you and InXite agree that the statues and laws of the State of Ohio, without regard to choice of law principles, will apply to all matters relating to your use of the Site, and any matters brought relating to your use of the Site or its Content, will be brought in a court of competent jurisdiction located in Franklin County, Ohio.

Site Content

InXite owns the Site and owns or licenses all of the pictures, content, text, graphics, layout, software, and information on the Site (collectively “Content”), and nothing hereunder transfers, licenses, assigns, or conveys any right, title, or interest in or to such Content to you. As between InXite and you, the Content shall be owned by InXite including any intellectual property rights in the Content. The Content may not be copied, reproduced, republished, uploaded, posted, transmitted, modified, or distributed in any way without the prior written permission of InXite in each instance. Modification or use of the Content for any other purpose is a violation of the rights of InXite and/or its third party licensors and a breach of these Terms. “InXite” and its logos and other trademarks owned by InXite. Other third party trademarks are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of InXite or the owner of such trademark. InXite and its affiliated entities disclaim any warranty or representation, express or implied, about the accuracy, completeness or appropriateness of the Content contained on the Site. Neither the author nor InXite shall be held responsible or liable for any claim, loss or damage arising from the use of the Content.

Medical Disclaimer

THE SITE, THE SERVICES, AND THE CONTENT ARE NOT INTENDED TO CONSTITUTE (1) THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT; (2) THE CREATION OF A PHYSICIAN PATIENT OR CLINICAL RELATIONSHIP; OR (3) AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY PRODUCT OR SERVICE BY INXITE OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, CONSULTANTS OR SERVICE PROVIDERS. While the Site may provide general wellness and health information, the information provided to you on the Site is not intended to be “medical advice” and you should not rely or act upon this advice without first consulting your physician directly. Please contact your physician directly about any medical questions or concerns, as determinations of the need for medical services and the types of health care to provide a patient are decisions that should only be made by a physician or other licensed health care provider. Additionally, you should never disregard medical advice or delay seeking such advice because of any Content. DO NOT USE THE SITE FOR EMERGENCY MEDICAL SERVICES. IN THE EVENT OF AN EMERGENCY, DIAL 911, YOUR LOCAL EMERGENCY ASSISTANCE NUMBER, AND/OR YOUR PERSONAL PHYSICIAN.

User Content; Privacy

You may submit information to InXite through the Site (“User Content”). To the extent the User Content contains “protected health information” (as defined by HIPAA), InXite will secure and protect the confidentiality of such protected health information in compliance with Health Insurance Portability and Accountability Act of 1996 and its implementing rules and regulations as amended (collectively referred to as “HIPAA”). To learn more about InXite’s HIPAA privacy practices, please read its Notice of Privacy and HIPAA Compliance Practices. To the extent the User Content contains other personal information about you or your visit to the Site, InXite will use and disclose such additional personal information in accordance with its Privacy Policy. To the extent permitted by applicable law, all User Content provided to InXite by You or collected by InXite through your visit to the Site, shall be deemed owned by InXite, and you hereby waive any and all claims of ownership interest or rights in such User Content.

Linked Sites

InXite may provide links to other sites for the purpose of convenience, providing additional information, or to facilitate interactions with social media networks (as described in more detail below) (“Linked Site”). A link does not constitute approval or an endorsement of the provider of the Linked Site or its content, quality, reliability or any other characteristic or feature of the Linked Site. InXite is not responsible in any manner (including, without limitation, with respect to any loss or injury you suffer) for any matter associated with a Linked Site. INXITE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any Linked Site may be subject to terms and conditions and privacy policies applicable to that Linked Site. InXite cannot ensure that all external links are active or appropriate. InXite cannot ensure that all external links are active or appropriate. To report an inactive or inappropriate link, please send an email to: webmaster@inxitehealth.com.

Denial of Access

If, in InXite’s sole discretion, you fail to comply with any term or provision of these Terms, InXite may deny you access to the Site. In the event of such denial of access, you are no longer authorized to access or use the Site, and the restrictions imposed upon you with regard to the disclaimers and indemnification set forth herein shall continue in full force and effect. User Accounts To use or take advantage of some Services provided by InXite on the Site, you may be required to create a user account on the Create an Account portion of the website (“User Account”). For the purposes of these Terms, the term “Services” shall include General Services (as defined below). In order to create this account, you may need to provide some personally identifying information as well as create a user id and password. Any personal information provided to InXite will be used and disclosed in accordance with either its Notice of Privacy Practices or its Privacy Policy. You are solely responsible for the confidentiality and security of your user id and password you create to establish a User Account, and you agree that InXite will not be liable for any unauthorized use of or access to your User Account as a result of the use of the Site through your user id or password, or your loss or disclosure of your user id or password.

General Services

InXite may provide other services to users to enable them to apply for a job with InXite, pre-register for a hospital or physician visit at one of many registered facilities, register for an InXite class, register as an approved InXite vendor, send a greeting card, sign up for newsletters or other InXite communications, and other services and information provided by InXite to you through the Site (collectively “General Services”). These General Services are provided by InXite as a convenience only, and may be modified, limited, or eliminated entirely at any time in InXite’s absolute discretion. Additional information regarding these General Services may be available on the Site or otherwise provided by InXite to you.

Unauthorized Use

Tampering with the Site; misrepresenting the identity of a user; circumventing, disabling or otherwise interfering with security features on the Site; interfering with or disturbing related or connected computer networks, hardware and databases; knowingly transmitting or propagating illegal, malicious, objectionable, or obscene material, content, or software including without limitation viruses, spam, or malware; or conducting fraudulent activities on or through the Site are strictly prohibited.

Fees

User membership with InXite is currently free. InXite Health Systems, Inc. reserves the right to from time to time change the terms of this Agreement and charge for user membership and/or to provide additional optional services for a fee.

Warranty Disclaimer

YOU USE THE SITE, ANY SERVICES PROVIDED ON OR THROUGH THE SITE, AND THE CONTENT AT YOUR OWN RISK. THE SITE, THE SERVICES, AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. INXITE MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS OR COMPLETENESS OF THE SITE OR ANY SERVICES OR CONTENT. INXITE ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE, SERVICES, OR CONTENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INXITE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHERMORE, INXITE MAKES NO WARRANTY THAT THE SITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, ERROR-FREE, FREE FROM VIRUSES OR MALWARE, OR THAT THE INFORMATION THAT MAY BE OBTAINED BY USE OF THE SITE, SERVICES, OR CONTENT WILL BE ACCURATE OR RELIABLE.

Liability Disclaimer

YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE AND ITS SERVICES OR CONTENT IS TO CEASE USE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INXITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, LOSSES, OR LIABILITIES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES, THE CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS INXITE AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR ARISING OUT OF (A) YOUR BREACH OF THESE TERMS OR (B) YOUR USE OR ACCESS OF THE SITE, OR ACCESS BY ANYONE ACCESSING THE SITE USING YOUR USER ID AND PASSWORD.

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