2. DESCRIPTION OF THE SERVICE. We provide the Service through a web-based interface, and provide You with access to review portions of Your medical record maintained by SIU Medicine. You must have access to the Internet to use the Service, and You are solely responsible for, without limitation, obtaining and maintaining all telecommunications, broadband and computer hardware, equipment, and services which You utilize to access and use the Service, and You are responsible for paying all charges related to such use. You are responsible for ensuring that Your equipment is compatible with the Service.
3. AUTHORITY AND CAPACITY You represent, warrant and covenant that You meet or exceed the minimum age standard as outlined in the State of Illinois statutes regulating such access/use of the Service.
4. ENROLLMENT AND CANCELATION In order to access the Service, You must provide Us with all information required in the enrollment process; by way of example and not limitation, such information may include Your personal information and e-mail address. You represent, warrant and covenant that the information You provide is true, accurate, current and complete information about Yourself and You agree not to misrepresent Your identity. You understand and acknowledge that We are relying upon the accuracy of the information You provide in order to provide the Service, and to the extent the information You supply is inaccurate, incomplete or misleading, We will not adequately be able to provide the Service to You. You must contact Us in order to cancel Your use of the Service, by calling Us at 618-536-6621. If Your agreement expires or You terminate Your agreement, We will cancel Your account and You will no longer be able to use the Service.
5. PROFILE CREATION; PASSWORD SECURITY When You enroll in the Service, We ask You to provide profile and contact information and create a user identification and password. You represent, warrant and covenant that You are not impersonating any person or misrepresenting Your identity or affiliation with any person, including using another person’s username, password or other identifying information. If We have reason to suspect any such information You provided is not authorized, accurate, current or complete, We may, without limitation and among other remedial options, refuse You access to the Service without notice
You acknowledge that You are responsible for maintaining the confidentiality and security of Your password and for all activities that occur using Your User ID and/or password. As such, You should not share Your User ID or password with others. We will not be liable for any loss that You may incur as a result of someone else using Your User ID and/or password, either with or without Your knowledge. In the event You become aware that the security of Your User ID and/or password may have been compromised, You agree to immediately contact Us by calling 618-536-6621
7. SERVICE AVAILABILITY, MODIFICATION & DISCONTINUATION We reserve the right to discontinue the Service, whether temporarily or permanently, or otherwise supplement, change, or modify the appearance and/or any features or functions of the Service, in any way, in whole or in part at any time for any reason without notice. WE SHALL NOT BE LIABLE AND SHALL HAVE NO OBLIGATION TO YOU OR ANY THIRD PARTY IN THE EVENT WE EXERCISE OUR RIGHT TO DO SO. The Service is subject to transmission limitation or interruption. You acknowledge and agree that Your access to the Service is subject to periodic downtime to permit hardware and/or software maintenance to take place from time to time. You acknowledge and agree that We are not responsible for Service performance degradation and delays. You acknowledge that SIU Medicine shall not be liable to You if the Service is interrupted for any reason. If You are dissatisfied with the Service for any reason whatsoever, You acknowledge and agree that Your sole remedy shall be to cease using of the Service.
8. FEES FOR SERVICE There is no annual fee for utilization of the Service. We reserve the right to review fee policies from time to time and to adjust the fees that apply to Your use of the Service at our discretion at any time.
10. LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, OBLIGATIONS, COSTS OR EXPENSES OR OTHER LIABILITY ARISING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE PERTAINING TO: (I) ANY TERMINATION, SUSPENSION, DELAY, OR DISRUPTION OF YOUR INTERNET SERVICE, (II) ANY FAILURE, DELAY, DISRUPTION OR MALFUNCTION OF THE SERVICE, THE INTERNET OR ANY COMMUNICATIONS NETWORK, FACILITY OR EQUIPMENT BEYOND OUR REASONABLE CONTROL, (III) ANY DAMAGES ARISING FROM YOUR FAILED ATTEMPTS TO ACCESS THE SERVICE, OR (IV) ANY DAMAGES ARISING FROM ANY FAILURE TO TRANSMIT, OBTAIN OR COLLECT DATA OR FOR HUMAN, MACHINE, OR SOFTWARE ERRORS OR FAULTY OR ERRONEOUS INPUT BY YOU. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY AFFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES, OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.
You warrant, represent and covenant that You will not engage in the uploading, posting, decompiling, reverse engineering, disassembling, modification, copying, distribution, transmission, reproduction, republication, licensing, display, sale, transfer or creation of derivative products or other works of or from any product, service, information, content, software, message, advertisement or any other work found at, aggregated at, contained on, distributed through, linked to or from, downloaded to or from or in any other manner accessed from the Service You warrant, represent and covenant that You will not post, transmit, publish, disseminate, or otherwise, communicate any information or material: (a) that is defamatory, libelous, indecent, obscene, fraudulent, threatening, abusive, or invades another person’s privacy, proprietary or any other legal rights; (b) that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Service or the proper functioning of any software, hardware, equipment or materials used in connection with the Service; (c) that is bulk unsolicited advertising, promotional information, e-mail, or other solicitation, including without limitation, junk mail, “spam,” chain letters or pyramid schemes of any sort, to any person through the use of the Service. We reserve the right to take any appropriate action if We become aware of any use of the Service which We believe violates any law or is otherwise wrongful.
13. ACCESS TO PASSWORD PROTECTED; SECURE AREAS Access to and use of password protected and/or secure areas of the Service is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Service may be subject to prosecution or any other remedy at law or in equity that SIU Medicine may pursue in its sole discretion.
14. FORCE MAJEURE Neither party shall be liable for non-performance due to acts of God, civil disturbances, strikes, power failures, telecommunications breakdowns, changes in applicable laws or regulations, fire or any other cause which such party cannot prevent by the exercise of reasonable diligence.
15. GOVERNING LAW If You are located in the United States, then this Agreement is governed by and will be construed in accordance with the laws of the State of Illinois, regardless of the laws that might otherwise govern under its principles of conflicts of laws. Any action by either You or SIU Medicine will be brought in the state and federal courts located in Sangamon County, Illinois and each of said parties consents to the exclusive jurisdiction of such courts and waives any claim of lack of jurisdiction or forum non conveniens.