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.
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
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
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.
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.
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.
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.
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.
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 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.
Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.
Last Modified: May 30, 2014