PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF OUR WEBSITE AND APPLICATION. THEY ALSO GOVERN OUR USE OF INFORMATION YOU MAKE AVAILABLE TO US, INCLUDING PERSONAL HEALTH INFORMATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR APPLICATION.

 

These Terms are a binding legal contract between you and Inside Out Medicine, Inc. (“Inside Out Medicine,” “we” and “us”). These Terms govern your access to and use of this website, the Inside Out Care app, the Inside Out Care Platform, defined below, and all features, functionality, information and services available through them (collectively, the “Services”). By using the Services you are telling us that you agree to these Terms. These Terms will remain in effect while you use the Services. These Terms include the provisions in this document together with those in our Privacy Policy.

 

1.      Description of Our Services

 

Inside Out Medicine’s Inside Out Care website, application and technology platform (collectively, the “Inside Out Care Platform” or “Platform”) enables you to have access to and interact with relevant health care information and educational materials with the goal of improving the overall patient experience. The Services are also intended to open generalized information channels such as community forums to you as well as to other Platform users who may include staff at hospitals that have adopted the Inside Out Care Platform (you and all such other users collectively, the “Inside Out Care Community”).

 

Also, if you or your child (or someone else for whom you are a personal representative) is a patient at a hospital that has adopted the Inside Out Care Platform (a “Hospital”), you may choose to disclose individually identifiable personal health information through the Services to authorized staff at your Hospital (“Hospital Health Care Providers”) and to authorize them to see, update and otherwise interact with information you are using (for example, checklists) via the Services.  

We will be developing the Platform and Services over time. We may introduce new features, remove features or restrict access to parts of the Platform and Services. We would like to give you notice whenever we make a material change to the Services, but this may not always be practical. You agree that we will not be liable to you or to any third party for any modification or termination of the Platform or Services, in whole or in part.

 

2.      We Do Not Provide Medical Care or Medical Advice

 

USE OF THE PLATFORM AND SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.

 

Although the Platform and Services provide access to certain medical information prepared by Inside Out Medicine or participants in the Inside Out Care Community, and also may provide ways for you to contact or deliver information to your Hospital Health Care Providers, the Services are not intended to provide medical advice. Do not avoid or delay seeking medical attention because of something you have read, seen or heard through the Services. You should always seek the advice of a qualified medical professional for questions regarding medical conditions. Information available on the Services may not be specific to your health care needs and may not have been prepared or reviewed by a medical professional.  The Services are meant only to supplement information provided by your Hospital Health Care Providers and other medical professionals. Your Hospital Health Care Providers are not employees or agents of Inside Out Medicine, and each Hospital Health Care Provider with whom you have interactions through the Services is responsible for establishing an independent relationship with you in accordance with relevant laws, rules of the medical profession and policies of the Hospital. Any information provided to you by a Hospital Health Care Provider, your Hospital or any other participant in the Inside Out Care Community as a result of your use of the Services is not provided by Inside Out Medicine, but is instead provided by such Hospital Health Care Provider, Hospital or other Inside Out Care Community participant.

NO LICENSED HEALTH CARE PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE PLATFORM OR SERVICES. THE CONTENT OF THE SERVICES IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR TREATMENT OR DIAGNOSIS. INFORMATION PROVIDED THROUGH THE SERVICES IS USED AT YOUR OWN RISK. NOTHING AVAILABLE THROUGH THE PLATFORM OR SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE.

 3.      Establishing and Maintaining Your Account

 

YOU MUST BE 13 OR OLDER TO USE THE SERVICES

 

By going through our registration process and creating and maintaining an Inside Out Hospital account (your “Account”): (a) you represent and warrant that you are of legal age to form a binding contract; (b) you agree to provide us only with accurate, complete and current information about yourself as prompted in the registration process; (c) you agree to keep Account-related information about yourself updated and accurate when you use the Services; (d) you will at all times comply with these Terms, as they may change over time; and (e) you agree to the use of email and other electronic forms of notification and to the use of electronic records to store information related to your Account, your use of the Services and interactions with your Hospital and Hospital Health Care Providers.

 

You may not transfer your Account to anyone without our prior written permission. You agree to protect the security of your Account and your password and not allow anyone else to access your Account. You are solely responsible for any activity associated with your Account, even if you have not authorized such activity.  If you believe the security of your Account has been compromised in any way then you must notify us immediately.

 

As part of the Services you may be able to: enter information into your Account (your “Inside Out Care Profile”) such as symptoms, recent visits to your Hospital or other medical facility, and comments on your current health situation; access details regarding your medical history; view articles and other information relevant to your current medical situation; track your review of this information and completion of activities enabled by the Services; complete surveys regarding your experience with Hospital Health Care Providers, medications or devices, and outcomes; and receive notices and informational bulletins from your Hospital. The Services also may enable you to communicate and share information with other members of the Inside Out Care Community. Your Hospital and Hospital Health Care Providers may be able to access your Inside Out Care Profile to review messages, information and updates you have provided for their review, and to submit or modify checklists and other information relevant to your use of the Services. We also may access your Inside Out Care Profile to verify information as part of the delivery of the Services, to monitor compliance with these Terms and to comply with legal process.

 

IF YOU INTEND TO AUTHORIZE US TO SHARE YOUR INDIVIDUALLY IDENTIFIABLE PERSONAL HEALTH INFORMATION ELECTRONICALLY WITH YOUR HOSPITAL, HOSPITAL HEALTH CARE PROVIDERS, AND OTHER HEALTH CARE PROFESSIONALS, WE WILL ASK YOU TO PROVIDE AN EXPRESS AUTHORIZATION FOR THAT PURPOSEYOUR SHARING OF INFORMATION WITH US VIA THE SERVICES IS SUBJECT TO OUR  PRIVACY POLICY .

4.      Acceptable Use and Conduct

 

The Services may be used for lawful purposes only. In addition, when using the Services, you agree that you will not:

 

A.     Upload, post, transmit, send, email, display, distribute or otherwise provide, include or make available on, through or in connection with the Services (“Submit”) any messages, articles, health records, information, text, music, sound, photographs, graphics or other materials (“Content”) unless you have the lawful right to do so;

 

B.     Submit Content that (i) you do not own or have the right to use, or (ii) infringes the intellectual property rights of others, or (iii) violates a person’s privacy rights, or (iv) contains the confidential or proprietary information of a third-party person or business entity;

 

C.     Submit Content that may be harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable;

 

D.     Take any action that jeopardizes or limits the security, stability or proper operations of the Inside Out Care Platform or other Services;

 

E.     Attempt, in any manner, to obtain or control the password, account profile, or secure information from any other member of the Inside Out Care Community;

 

F.     Knowingly include false or misleading information in your Inside Out Care Profile or in your communications with the Inside Out Care Community, your Hospital or any Hospital Health Care Providers; or

 

G.     Re-distribute any portion of the Content found through the Services (with the exception of Content you Submit) to any other website, platform or public forum.

 

5.      Rights and Restrictions on Content

 

The Platform, Services and Content contained in or accessed through the Services are all protected by United States and international intellectual property and other relevant laws. In using the Services you do not acquire any rights in or to our trademarks, our copyrighted materials, the Inside Out Care Platform, Services or the Content contained in or accessed through the Services (with the exception of Content you Submit) other than the following limited license:

 

Subject to your compliance with these Terms, Inside Out Medicine grants you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Services and to download, save and print any Content provided through the Services solely for your personal and non-commercial purposes. You may not use, reproduce, distribute, perform (in public or otherwise), display (in public or otherwise), create derivative works of, adapt, modify, aggregate or otherwise exploit the Services or any Content contained in or accessed through the Services, except as expressly permitted in these Terms.

 

Individually identifiable personal health information included in your Inside Out Care Profile will be protected as provided under our Privacy Policy. For all other Content that you Submit, in addition to the above requirements regarding 4. Acceptable Use and Conduct you automatically grant to Inside Out Medicine with respect to such Content a non-exclusive, perpetual, worldwide, irrevocable, royalty-free, transferable, sub-licensable right and license under all applicable statutory, regulatory and common laws and intellectual property rights to use, reproduce, distribute, perform (in public or otherwise), display (in public or otherwise), transmit, create derivative works of, adapt, modify, translate, and aggregate in any format or medium now known or developed in the future, for purposes of making the Services available to the Inside Out Care Community.

 

Any Content that you or any other member of the Inside Out Care Community Submits is a “User Submission”. We are not under an obligation to use or retain any User Submission, and we may share your User Submission with others with no obligation, compensation, notice or acknowledgment to you except as otherwise specified in these Terms regarding your individually identifiable personal health information.

 

The Services may include features, such as chat rooms and user forums, where members of the Inside Out Care Community may share experiences, post comments and Submit Content (“Community Forums”). You should have no expectation of security, privacy or confidentiality in connection with any Content you Submit to Community Forums. You are solely responsible for any Content you Submit to a Community Forum and for any claims or consequences that may arise as a result of such Submitted Content.  WE HAVE NO DUTY TO MONITOR THE COMMUNITY FORUMS AND WE DISCLAIM ANY RESPONSIBILITY FOR INFORMATION PROVIDED IN ANY COMMUNITY FORUM. YOU RELY ON ANY SUCH INFORMATION AT YOUR SOLE RISK. You acknowledge and agree that in connection with all User Submissions we may or may not pre-screen the Content, and Inside Out Medicine has the right, but not the obligation, to pre-screen, refuse or remove any User Submission at any time, with or without notice. We reserve the right to remove from any part of the Services (including without limitation a Community Forum) Content alleged to be infringing, and we reserve the right to terminate the accounts of repeat alleged infringers in accordance with all relevant United States laws and regulations.

 6.      Inside Out Medicine Privacy Policy

 

When you use the Platform and Services, we collect and have access to certain personal information including individually identifiable personal health information. Please review our Privacy Policy for details on how we may collect, use, share and distribute such information.

 

We will cooperate with any government or law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, posting materials or otherwise using the Services in suspected or actual violation of any federal, state or local laws or in connection with any other activity that is dangerous or may expose you or us to legal liability. Further, we reserve the right to access, read, preserve and disclose any User Submissions or other content or information if we feel this is reasonably necessary to maintain proper delivery of the Services, monitor and enforce compliance with these Terms, protect our rights or the rights of others, or satisfy any applicable law, regulation, legal process or governmental request.

 

In the event of a merger, acquisition, reorganization, bankruptcy or similar event involving Inside Out Medicine, all information we have collected in or through the Services, including without limitation information contained in your Inside Out Care Profile, your User Submissions and all survey responses and communications made in connection with the Services, may be transferred to the Inside Out Medicine successor or assign, if permitted by and done in accordance with applicable law.

 

The Inside Out Care Platform and the Services currently are for use within the United States. If you are outside the United States you hereby consent to having your personal data transferred and processed in the United States in accordance with relevant United States laws and these Terms.

 

7.       Disclaimer of Warranties

 

While our goal is to make the information available through the Services accurate, up-to-date and useful, we make no guarantees as to the accuracy, completeness or reliability of the Services or any Content contained in or accessed through the Services.

 

WE PROVIDE THE INSIDE OUT CARE PLATFORM, THE SERVICES AND ALL CONTENT AND SERVICES CONTAINED IN OR ACCESSED THROUGH THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY CONTENT OR SERVICES IN CONNECTION THEREWITH, OR THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.

 

TO THE FULLEST EXTENT OF THE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

 

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DO NOT GUARANTEE THAT THE INSIDE OUT CARE PLATFORM AND THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY INTERRUPTIONS, ERRORS OR MALFUNCTIONS DUE TO REASONS WITHIN OUR CONTROL OR BEYOND OUR CONTROL. WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

 

YOU ARE SOLELY RESPONSIBLE FOR MATERIAL DOWNLOADED THROUGH THE SERVICES. YOU HEREBY WAIVE CLAIMS WITH RESPECT TO ANY DAMAGE TO YOUR OWN SYSTEMS AND DEVICES THAT RESULTS FROM ACCESS TO OR DOWNLOAD OR ATTEMPTED DOWNLOAD OF ANY SUCH MATERIAL.

 

WE DO NOT HAVE AN OBLIGATION TO VERIFY THE IDENTITY OF OUR USERS OR TO MONITOR THE ACTIVITIES OF USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THE INSIDE OUT CARE COMMUNITY, INCLUDING YOUR INTERACTIONS AND COMMUNICATIONS WITH YOUR HOSPITAL AND YOUR HOSPITAL HEALTH CARE PROVIDERS. WE MAKE NO WARRANTIES IN CONNECTION WITH, AND TAKE NO RESPONSIBILITY FOR, THE COMMUNICATIONS OR SERVICES OF YOUR HOSPITAL OR ANY HOSPITAL HEALTH CARE PROVIDER.

 

THE INCLUSION OF ANY ADVERTISEMENT OR LINKED WEBSITE AS PART OF THE SERVICES DOES NOT IMPLY OUR ENDORSEMENT OF ANY COMPANY, THE ADVERTISED PRODUCT OR THE LINKED WEBSITE. IF YOU CHOOSE TO ACCESS ANY LINKED WEBSITES, YOU DO SO AT YOUR OWN RISK. WE TAKE NO RESPONSIBILITY FOR ANY THIRD-PARTY WEBSITES, ADVERTISEMENTS OR ANY RELATED PRODUCTS AND SERVICES. INSIDE OUT MEDICINE HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, THE CONTENT OR PERFORMANCE OF THIRD-PARTY WEBSITES.

SOME JURISDICTIONS DO NOT PERMIT US TO DISCLAIM WARRANTIES IN ALL OF THESE WAYS. IN SUCH EVENT THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

8.      Limitations on Liability

 

IN NO EVENT WILL INSIDE OUT MEDICINE BE LIABLE TO YOU (OR TO ANYONE FOR WHOM YOU ARE A PERSONAL REPRESENTATIVE) FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, YOUR INTERACTIONS WITH YOUR HOSPITAL OR ANY HOSPITAL HEALTH CARE PROVIDER OR OTHER MEMBERS OF THE INSIDE OUT CARE COMMUNITY, THE INSIDE OUT CARE PLATFORM, OR ANY CONTENT CONTAINED IN OR ACCESSED IN CONNECTION THEREWITH, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT INSIDE OUT MEDICINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

 

NOTHING IN THESE TERMS ACTS TO LIMIT ANY OBLIGATION OR LIABILITY OF YOUR HOSPITAL OR A HOSPITAL HEALTH CARE PROVIDER ARISING FROM ITS, HIS OR HER PROFESSIONAL RESPONSIBILITIES UNDER RELEVANT STATE LAWS AND RELEVANT CODES OF PROFESSIONAL CONDUCT.  HOWEVER, INSIDE OUT MEDICINE WILL NOT BE LIABLE IN ANY WAY FOR THE CONDUCT OR MISCONDUCT OR NEGLIGENCE OF YOUR HOSPITAL OR ANY HOSPITAL HEALTH CARE PROVIDER WHETHER ACTING THROUGH THE SERVICES OR OTHERWISE.

 

SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN ALL OF THESE WAYS. IN SUCH EVENT THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BUT IN NO EVENT WILL THE CUMULATIVE LIABILITY OF INSIDE OUT MEDICINE TO YOU HEREUNDER FROM ALL CLAIMS, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED $50, AND SUCH LIMITATION SHALL APPLY EVEN IF SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 9.      Indemnification

 

You agree to defend, indemnify and hold Inside Out Medicine, its affiliates, officers, employees, agents, licensees, licensors, advertisers, contractors, your Hospital and all Hospital Health Care Providers harmless from and against any loss (actual and consequential), demand, damage (direct and indirect) and expense (including attorneys’ fees) arising from claims in connection with or related to (a) your use of the Services (including without limitation any actions taken by a third party using your Account), (b) your User Submissions, or (c) your violation of these Terms. Inside Out Medicine reserves the right, at our own expense, to assume exclusive defense and control of any such matter and you agree to cooperate with us in asserting relevant available defenses.

 

You also agree that any communications, interactions or transactions you undertake with Inside Out Medicine advertisers, business partners or your Hospital, Hospital Health Care Providers or other members of the Inside Out Care Community are between you and such party and you agree that Inside Out Medicine will not be responsible or liable for or in connection with any such communications, interactions or transactions.

 

10.      Termination

 

You have the right terminate your Account, and your access to the Services, at any time by emailing us at: info@insideoutmedicine.com.

 

We have the right to terminate (or limit or suspend access to) your use of the Services or your Account with or without notice if you are in breach of any of these Terms. Inside Out Medicine has the sole right and may use its sole discretion to decide whether you are in breach of any of Terms. We shall not be liable to you or to any third party for any termination of your Account or terminating, limiting or suspending your access to the Services.

 

Upon termination, your use of the Services and all licenses granted to you by these Terms will cease and, except as may otherwise be required under the law, we will have no further obligation to provide you access to your User Submissions or to any Content available through the Services. Even after you no longer use the Services, we may need to retain certain information from your Account for our recordkeeping purposes, and there will be information that will remain within our database and other records, which may include your personal health information and your User Submissions. Further, we will continue to have and use all aggregated information we may develop, as discussed in our Privacy Policy. Finally, we are not responsible for removing information from the databases of third parties who already have received information about you in accordance with these Terms, including the Privacy Policy.

 

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: our disclaimers; any limitations on our liability; terms regarding ownership and intellectual property rights; indemnity obligations; and terms regarding disputes between us.

 

11.      Governing Law and Dispute Resolution

 

These Terms and the relationship between you and us are governed by the laws of the state of Washington, without regard to its conflict of law provisions, and all claims and disputes arising out of these Terms or the Services shall be brought exclusively in the courts located in King County, Washington or the U.S. District Court for the Western District of Washington located in Seattle, Washington. You and we agree to submit to the personal jurisdiction of the courts located in King County, Washington and the U.S. District Court for the Western District of Washington located in Seattle, and agree to waive any objections to the exercise of jurisdiction over us by such courts and to venue in such courts.

 

If there is a dispute between members of the Inside Out Care Community, or between you, any third party, your Hospital or any Hospital Health Care Provider, you agree that Inside Out Medicine is under no obligation to become involved. In the event that you have a dispute with one or more other members of the Inside Out Care Community, any third party, your Hospital or any Hospital Health Care Provider, you release Inside Out Medicine from claims, demands and damages of every kind or nature arising out of or in any way related to such disputes.

12.      Updating these Terms

 

As we develop, grow and improve our Services, these Terms may need to change. We reserve the right to change these Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Inside Out Medicine website, by sending you an email or by some other means. If you do not agree with the new Terms, you are free to reject them, which means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. 

 

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and one of Inside Out Medicine’s executive officers.

13.      Entire Agreement, Waiver and Severability

 

These Terms, as may be updated from time to time, constitute the entire agreement between you and us and govern your use of and access to the Services, superseding any prior agreements between you and us regarding the Services. The failure of Inside Out Medicine to exercise or enforce any right under, or any provision of, these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you hereby agree with us that the court should try to give effect to the intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

14.      Notices and Questions

 

If you have any questions, comments or concerns regarding these Terms or our Services, then please contact us at info@insideoutmedicine.com. When we need to provide you with notices, we will contact you through the Inside Out Care Platform or use your email or other contact information we have on file for you. Please be certain to keep your contact information current and accurate in your Account.

Version: December 29, 2018