Website Terms of Use

This Terms of Use Agreement (“Agreement”) is made by and between North Valley Health Center with offices at 300 West Good Samaritan Drive, Warren Minnesota 56762 (“NVHC”) and you (“you,” “your,” or “User”). This Agreement contains the terms and conditions that govern your use of this Website.  As used herein, the term “Website” shall mean any website or webpage on which this Agreement is posted including, without limitation, the NVHC Patient Portal.

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER NVHC SOFTWARE, SERVICES, WEBSITES OR ANY OF NVHC’S LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

NVHC RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN NVHC’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPER-LINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE NVHC WEBSITE.

1. ACCESS TO THIS WEBSITE

To access this Website or some of the resources it offers, including contacting NVHC, logging into the Patient Portal, and sending information and communications by or through the Patient Portal, you may be asked to provide certain registration details or other information such as your name, e-mail address, and other login credentials. It is a condition of your use of this Website that all the information you provide on this Website will be correct, current, and complete. If NVHC believes the information you provide is not correct, current, or complete, NVHC has the right to refuse you access to this Website or any of its resources, and to terminate or suspend your access at any time.

2. RESTRICTIONS ON USE

You may use this Website for purposes expressly permitted by this Website and, as to the Patient Portal, as additionally expressed in the Patient Portal User Agreement. As a condition of your use of NVHC’s Website(s), you warrant to NVHC that you will not use the Website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this Website, or (ii) frame this Website, without the express prior written permission of an authorized representative of NVHC. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Website or content accessible within this Website. You agree to cooperate with NVHC in causing any unauthorized co-branding or framing immediately to cease. In addition, you may not use NVHC’s Website(s) in any manner which could disable, overburden, damage, or impair the Website(s) or interfere with any other party’s use and enjoyment of the Website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Website(s).  You agree not to use any spiders, crawlers, bots, or any other automated tool to crawl, copy, or index this Website except as allowed by the legal doctrine of fair use as recognized by controlling case law.

3. PERSONAL AND NON-COMMERCIAL USE LIMITATION

NVHC’s Website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this Website for any other purpose, including any commercial purpose, without NVHC’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from or otherwise connected to NVHC’s Websites, except that you shall have the right to copy and distribute your personal health information via the Patient Portal as described in the Patient Portal User Agreement.

4. PROPRIETARY INFORMATION

The material and content accessible from this Website, and any other Website owned, operated, licensed, or otherwise controlled by NVHC (the “Content”) is the proprietary information of NVHC or the party that provided or licensed the Content to NVHC, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of NVHC except that you shall have the right to copy and distribute your personal health information via the Patient Portal as described in the Patient Portal User Agreement. Modification or use of the Content except as expressly provided in these Terms of Use or the Patient Portal User Agreement violates NVHC’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Website.

5. HYPER-LINKS

This Website may be hyper-linked to other Websites which are not maintained by, or related to, NVHC. Hyper-links to such Websites are provided as a service to users and are not necessarily sponsored by or affiliated with this Website or NVHC. NVHC has not necessarily reviewed any or all of such Websites and is not responsible for the content of those Websites. NVHC is not responsible for webcasting or any other form of transmission received from any hyper-linked Website. Hyper-links are to be accessed at the user’s own risk, and NVHC makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the Websites hyper-linked to this Website. NVHC provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party Website does not necessarily imply endorsement by NVHC of that Website or any association with its operators.

6. USE OF COMMUNICATION SERVICES

NVHC’s Websites, and in particular the Patient Portal, may contain message or communication facilities designed to allow you to communicate with NVHC and your physicians (collectively, “Communications Services”). You agree to use the Communication Services only to send and receive messages and content that are proper and related to the particular Communication Service.

Among other actions, when using a Communication Service, you agree that you will not send, submit, or otherwise transmit in connection with this Website any material that:

(i) you do not have the right to transmit, including proprietary material of any third party;

(ii) advocates illegal activity or discusses an intent to commit an illegal act;

(iii) is vulgar, obscene, pornographic, or indecent;

(iv) does not pertain directly to this Website;

(v) threatens or abuses others, libels, defames, invades privacy, stalks, is racist, abusive, harassing, threatening, or offensive;

(vi) harvests or otherwise collects information about others, including e-mail addresses, without their consent;

(vii) violates any law or may be considered to violate any law;

(viii) impersonates or misrepresents you or your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(ix) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Website or by NVHC;

(x) solicits funds, advertisers, or sponsors;

(xi) includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;

(xii) acts in a way which affects the ability of other people to engage in real-time activities via this Website;

(xiii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Website or any networks connected to this Website; or

(xiv) contains hyper-links to other Websites that contain content that falls within the descriptions set forth above.

NVHC reserves the right to monitor use of this Website to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. NVHC reserves the right to terminate your access to any or all of the Patient Portal, the Website, or the Communication Services at any time without notice for any reason whatsoever. NVHC also reserves the right at all times to disclose any information as 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 its sole discretion.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither NVHC nor any third party that provides Content to NVHC will assume or have any liability for any action or inaction by NVHC or such third party with respect to any submission. NVHC does not control or endorse the content, messages, or information found in the Patient Portal or any Communication Service and, consequently, NVHC specifically disclaims any liability with respect to the Communication Services and the Patient Portal and any actions resulting from your participation in any Communication Service or the Patient Portal.

7. SUBMISSIONS

You hereby grant to NVHC the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to NVHC through this Website in relation to the Website or its Content. (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed, subject to all applicable health information laws and the Patient Portal User Agreement. NVHC may use any Submission in its business without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future NVHC operations.

8. DISCLAIMER

You understand that NVHC cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. NVHC does not assume any responsibility or risk for your use of the Internet.

The Content, including without limitation the information contained in the Patient Portal, is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by NVHC, your Physicians, or others.

YOUR USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PATIENT PORTAL, IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NVHC DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NVHC DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NVHC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NVHC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT NVHC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. NVHC MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this Website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Website, and NVHC does not undertake any obligation to update such information after it is posted or to remove such information from this Website if it is not, or is no longer, accurate or complete.

9. LIMITATION ON LIABILITY

NVHC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, MALPRACTICE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF NVHC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN REGARD OR RELATION TO THE WEBSITE INCLUDING WITHOUT LIMITATION THE PATIENT PORTAL. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF NVHC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO NVHC FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE IN REGARD OR RELATION TO THE WEBSITE INCLUDING WITHOUT LIMITATION THE PATIENT PORTAL.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.  AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. TERMINATION OR RESTRICTION OF ACCESS

NVHC reserves the right, in its sole discretion, to terminate your access to any or all of NVHC’s Websites and the related services or any portion thereof at any time, without notice.

11. INDEMNITY

You will indemnify and hold NVHC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.

12. TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this Website are the property of NVHC or the party that provided the trademarks, services marks, logos, and copyrighted works to NVHC. NVHC and any party that provided trademarks, service marks, logos, and copyrighted works to NVHC retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Website.

All contents of NVHC’s Websites are: Copyright © 2014 NVHC. All rights reserved.

13. SECURITY

Any passwords used for this Website, including without limitation the Patient Portal, are for individual use only. You will be responsible for the security of your password (if any). NVHC will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that NVHC considers insecure, NVHC will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, NVHC reserves the right to release your details to system administrators at other Websites in order to assist them in resolving security incidents. NVHC reserves the right to investigate suspected violations of these Terms of Use.

NVHC reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing NVHC to disclose the identity of anyone sending any communications, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS NVHC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NVHC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NVHC OR LAW ENFORCEMENT AUTHORITIES.

15. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of Minnesota, United States of America, excluding any principles of conflicts of law. You specifically consent to personal jurisdiction in Minnesota in connection with any dispute between you and NVHC arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Hennepin County, Minnesota.

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable, shall be modified by a court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording, and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and NVHC as a result of this agreement or use of NVHC’s Websites.

Except for the Patient Portal User Agreement and any written agreements between the parties related to personal health information, these Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and NVHC with respect to NVHC’s Websites.

Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.

NVHC may revise these Terms of Use at any time by updating this posting.

Last Modified:  May 30, 2014