Privacy Policy and Terms of Use
Set forth below are the Online Application Disclaimer ("Disclaimer"), an Online Privacy Policy ("Privacy Policy"), and the Terms and Conditions of Use ("Terms and Conditions") of this online application and assessment (“Online Application”). Please read each document carefully. Together, the terms of the Disclaimer, the Privacy Policy, and the Terms and Conditions form the agreement ("Agreement") between you and this practice (“Practice”) governing your access and use of the Online Application, which includes any information, data, tools, visualizations, services and other content available on or through the Online Application. Learn more about our privacy practices by reviewing our Notice of Privacy Practices.
BY ACCESSING OR USING THE ONLINE APPLICATION IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THE ONLINE APPLICATION, USING ANY INFORMATION, OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THE ONLINE APPLICATION, YOU AS THE USER (“YOU”) AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES, AND NOTICES CONTAINED IN THIS AGREEMENT, INCLUDING CONDUCTING THIS TRANSACTION ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, VENUE SELECTION, AND A CHOICE OF TENNESSEE LAW. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR OLDER AND POSSESS THE LEGAL RIGHT AND ABILITY TO AGREE TO THESE TERMS OF USE.
DISCLAIMER
THIS ONLINE APPLICATION DOES NOT PROVIDE A MEDICAL SERVICE OF ANY KIND. WE DO NOT OFFER HEALTH CARE SERVICES THROUGH THIS ONLINE APPLICATION. NONE OF THE INFORMATION IN OR ON THE ONLINE APPLICATION IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE INFORMATION CONTAINED IN THE ONLINE APPLICATION IS FOR YOUR PERSONAL USE ONLY AND IS NOT INTENDED TO DIAGNOSE, CURE, MITIGATE, TREAT, OR PREVENT DISEASE OR OTHER CONDITIONS AND IS NOT INTENDED TO PROVIDE A DETERMINATION OR ASSESSMENT OF YOUR STATE OF HEALTH. ALWAYS CONSULT A LICENSED HEALTHCARE PROFESSIONAL SUCH AS YOUR FAMILY PHYSICIAN OR YOUR SPECIALIST TO MAKE HEALTHCARE DECISIONS OR BEFORE STARTING ANY DIET OR EXERCISE PROGRAM. If you have any question at all about a medical condition, medicine, or prescription, contact Your physician or health care provider. do not rely on any of the information on the online application to determine a medical diagnosis or treatment. And, do not delay seeking medical advice for any condition You have or suspect You have. THE PRACTICE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE ONLINE APPLICATION OR THE PERFORMANCE OF THE ONLINE APPLICATION, NOR SHALL THE PRACTICE BE HELD RESPONSIBLE OR LIABLE FOR ANY COSTS OR DAMAGES RELATED TO USE OF THE ONLINE APPLICATION OR ANY INFORMATION PROVIDED THEREFROM. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
REVISIONS TO THIS AGREEMENT
The Practice and/or its licensors may revise this Agreement at any time without notice by updating this posting. By using this Online Application, you agree to be bound by any such revisions.
TERMS & CONDITIONS OF USE
The material provided in this Online Application is protected by law, including, but not limited to, United States copyright law and international treaties.
These terms and conditions of use apply to your access to and use of this Online Application only and do not alter in any way the terms and conditions of any other agreement you may have with the Practice for health services or otherwise.
Limited Right to Use; Use Restrictions
Subject to these Terms of Use, We grant to You, for Your personal non-commercial use only, a nonexclusive, limited, and revocable right to access and use the Online Application. Permission is granted to download the materials on this Online Application for your use only and only for the purposes for which the Practice provided you access to the Online Application, provided you do not delete, modify, overwrite, hack or attempt to change or alter any of the materials and that you retain all copyright notices and other proprietary notices contained in the materials, as applicable.
You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Online Application for commercial or non-personal use without prior written approval of the Practice. You may not "mirror" any material contained on this Online Application on any other server without prior written permission from the Practice. Any unauthorized use of any material contained on this Online Application may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
You agree that you will not use any robot, spider, other automatic device, or manual process to "screen scrape," monitor, "mine," or copy the pages on the Online Application or the content contained therein. You agree that you will not provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity. You will not spam or send unsolicited e-mail to any other user of the Online Application for any reason. Except as otherwise expressly permitted by the Practice and/or its licensors, any access or attempt to access other areas of the Practice and/or its licensors' computer system or other information contained on the system for any purposes is strictly prohibited. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Online Application. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Practice and/or its licensors' infrastructure. You further agree not to disseminate, store, or transmit viruses, Trojan horses or any malicious code or program or engage in any other activity deemed by the Practice to be in conflict with the spirit or intent of this Agreement. You also agree that you will not commercialize access to or use of the Online Application. You agree that you will not use this Online Application in violation of any local, state, federal, or non-United States law or regulation. You are prohibited from posting on, or transmitting through, this Online Application any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful or otherwise objectionable including, but not limited to, any material or content that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
Intellectual Property; Reservation of Rights
All Online Application materials, including, without limitation, text, pictures, graphics, and other files and the selection and arrangement thereof are copyrighted materials of the Practice and/or its licensors, or by the original creator of the material. The trademarks, service marks, trade names, and logos (the "Trademarks") used and displayed on this Online Application are registered and unregistered Trademarks of the Practice and/or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of the Practice and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Practice and/or its licensors. You acknowledge that the Trademarks used and displayed on this Online Application are and shall remain the sole property of the Practice and/or its licensors. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks to you. Further, nothing in this Online Application shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Online Application, without the express written permission of the Practice and/or its licensors. The misuse of the trademarks displayed on this Online Application, or any other content on the Online Application, is strictly prohibited.
Links from and to the Online Application
You acknowledge and agree that the Practice has no responsibility for the accuracy or reliability of information provided by linked sites. Links to external web sites do not constitute an endorsement by the Practice of the sponsors of such sites or the content, services, products, advertising or other materials presented on such sites. The Practice shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of the information or content provided on the linked sites. Information on the web pages that are linked to this Online Application comes from a variety of sources. The Practice does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that the Practice shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
DISCLAIMER WARRANTY
THIS ONLINE APPLICATION, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PRACTICE AND/OR ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, DATA ACCURACY, AND INFORMATIONAL CONTENT. THE PRACTICE AND/OR ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS ONLINE APPLICATION, THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS ONLINE APPLICATION OR ANY OTHER SITES LINKED TO BY THIS ONLINE APPLICATION. THE PRACTICE AND/OR ITS LICENSORS DO NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS ONLINE APPLICATION WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE PRACTICE AND/OR ITS LICENSORS DO NOT WARRANT THAT THIS ONLINE APPLICATION OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS ONLINE APPLICATION OR ITS SERVICES WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE PRACTICE AND/OR ITS LICENSORS OR OTHER THIRD PARTIES MENTIONED AT OR IN THIS ONLINE APPLICATION BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO THE USE OR INABILITY TO USE THIS ONLINE APPLICATION, THE MATERIALS OR OTHER INFORMATION CONTAINED IN THIS ONLINE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE PRACTICE AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE MATERIALS PROVIDED BY THIS ONLINE APPLICATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. Practice’s or its licensors’ failure to act with respect to a breach by any user of this Online Application does not constitute a waiver of its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
This Agreement is made in and shall be governed and construed by the laws of the State of Tennessee, United States of America, without reference to conflicts of laws. If you access the Online Application from locations outside Tennessee or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Tennessee, United States of America, and you are solely responsible for compliance with all your local laws. Access to the Online Application from locations where the Online Application's contents may be unlawful is prohibited. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in Davidson County, Tennessee. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Davidson County, Tennessee. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Davidson County, Tennessee and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in Davidson County, Tennessee.
The captions and headings of this Agreement are included for ease of reference only and shall be disregarded in interpreting or construing this Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties
ONLINE PRIVACY POLICY
This Practice and its licensors value and respect your right to privacy, and recognize the importance of protecting information collected about you. This Privacy Policy and our Notice of Privacy Practices guide how the Practice defines, collects, uses, and stores online information provided by you to the Practice within this Online Application. This Privacy Policy pertains to this Online Application only. Please be aware that other Practice web sites or pages may have other online privacy policies, disclaimers, and terms and conditions of use that differ from this Online Application. This Privacy Policy does not cover information that is collected offline or online from the Practice or other web sites or pages, as applicable.
We strive to use commercially acceptable means to protect your data; however, no method of transmission over the Internet is 100% secure, and we cannot guarantee or warrant that such techniques will prevent unauthorized access to your data. Any transmission of Personal Information is at your own risk.
The assessment available through the Online Application is intended for adults only. It requires the user to enter age, and on certain occasions date of birth. It will not collect personally identifiable information on any individuals younger than age 18. If you have a question or concern regarding the Privacy Policy, please contact us by sending an e-mail to privacy@hcahealthcare.com.
What Does This Privacy Policy Cover?
This Privacy Policy covers the treatment of Personal Information gathered when you are using or accessing this Online Application, other than medical or health-related information, which is instead addressed by our Notice of Privacy Practices.
“Personal Information” is information that identifies, relates to, describes, can reasonably be associated with, or can reasonably be linked to a particular individual or household without extraordinary effort. We collect information from you both when you provide it voluntarily and also automatically when you use our Online Application. This Online Application may contain links to other websites. This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications that are linked or made available on our Online Application (“Third Party Services”). The Practice has no control over the use of any Third Party Services and you should exercise caution when deciding to disclose any Personal Information to those Third Party Services. You also agree and acknowledge that the Practice will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, services or resource or goods on or through any such Third Party Service. The Practice may also provide links to original articles written and maintained by third parties. These links are provided as a convenience and do not imply a claim of ownership in that content We encourage you to carefully review the privacy policies of any Third Party Services you access.
You may provide us your email address, phone number, and name in order to use the Online Application. You must provide us your email address and name in order to submit a survey and receive your assessment results. If you choose to provide your phone number, you thereby consent to being contacted at that number by the Practice for appointment scheduling and other, similar purposes. We may contact you by telephone even if you have opted into the National Do Not Call list, or any State Do Not Call list. If you do not consent to being called by the Practice, please do not provide your phone number when you use the Online Application.
In addition, we may collect the following categories of Personal Information from you, depending on your interactions with our Online Application and the choices you make, including automatically through use of cookies, tags and similar technologies to help us understand your activity on our Online Application. If you would prefer not to receive cookies, you can alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some portions of this Online Application will not function properly when you view them.
- Identifiers. Your name, email address, phone number, and Internet Protocol (IP) address.
- User Data. Any data entered voluntarily into the Online Application. This includes any medical or health-related information provided when you use the Online Application, such as diseases, treatments, lifestyle behaviors, family history, genotype, phenotype and other similar personal data. You can learn more about our privacy practices related to the collection of health information by visiting our Notice of Privacy Policies.
- User Data. Any data entered voluntarily into the Online Application. This includes any medical or health-related information provided when you use the Online Application, such as diseases, treatments, lifestyle behaviors, family history, genotype, phenotype and other similar personal data. You can learn more about our privacy practices related to the collection of health information by visiting our Notice of Privacy Policies.
- Internet or other electronic network activity information. For example, browse history, device, connectivity, and configuration data (such as what kind of device you are using and language settings), and location data, which may be inferred from your IP address and your postal address.
The information we gather enables us to provide the Online Application to you and personalize, improve, and continue to operate the Online Application, gather information to help us detect, prevent and address technical and security issues, and help maintain the safety, integrity and security of the Online Application and our technology assets, understand how you access and use our Online Application to ensure technical functionality of our Online Application, analyze your use of our Online Application, including your interactions features and information made available, linked to, or offered through our Online Application, and to communicate with you or facilitate or respond to a request by you, including to send you promotional communications, information and materials that we think may be of interest to you.
Sharing Your Information
We may share your information with our partners and affiliates to offer this Online Application and share how our users use this Online Application. Additionally, we may share your Personal Information with third parties (i) where required by applicable law, regulation, legal process or governmental request, (ii) where it is necessary in connection with our Online Application, (iii) to investigate or prevent fraud, abusive or unlawful uses or activities, violations of the terms governing use of our Online Application and services and/or any law, rule or regulation, and/or (iv) to protect the security or integrity of our Online Application and services or to protect our rights, property, or safety or to protect our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention. We do not sell Personal Information to third parties.
International Transfer of Personal Information. Most of the third parties with whom we may share your Personal Information are located and store your information in the United States, although some may store your information outside of the United States, the laws of which may differ than those governing your personal information in your country. If you are located in the European Union or the United Kingdom, and to the extent the data protection laws in such country are deemed by your country to have inadequate data protection, we have put in place certain measures to ensure that your personal information is subject to suitable safeguards in such transfer outside the European Union or the United Kingdom. If you are located in a country outside the U.S. and submit Personal Information to us, you consent to the general use and disclosure of such information as provided by these Terms of Use and to the transfer and/or storage of that information to the U.S. and other countries outside your home country. We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Terms of Use and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.
Policy on Children’s Information
The Online Application is not intended for use by anyone under the age of 18, particularly children under the age of 13 (“Children” or “Child”). By using the Online Application, you represent that you are at least 13. If you do not meet this age requirement, please do not access or use the Online Application. We do not knowingly collect Personal Information from Children, and we do not target the Online Application to Children. If you are a parent or guardian and you are aware that your Child has provided us with Personal Information, please contact us. The Practice's contact information is shown both on the last page of the Health Profiler Report and on the Online Application via a link located in the upper right corner of the page. If we become aware that we have collected Personal Information from children without verification of parental consent, we take reasonable steps to remove that information from our servers.