Lincoln Land Health Information Exchange Terms of Use

September 21, 2012

1. This is a Binding Agreement. Please Read the Entire Terms of Use Carefully
Before Using this Website.

The following are the terms of use (“Terms of Use”) for the professional website owned and operated by Lincoln Land Health Information Exchange (“LLHIE”). These Terms of Use constitute a binding legal contract between LLHIE (“we,” “us,” or “our”) and you (“you” or “your”) that governs your use of this website, including, without limitation, (i) all content in any medium or format which was created by LLHIE or commissioned by LLHIE and placed on the website by or at the direction of LLHIE, including but not limited to: text, graphics, images, artwork, photographs, drawings, logos, slogans, service marks, interviews, stories, testimonials, articles and other materials on a variety of subjects, including but not limited to medical and legal subjects, source code and object code for the Website, information owned by LLHIE or its licensors (the “Content”); and (ii) each submission by a user of the website (“User”) through the website, which may include but is not limited to information, questions, comments and other content sent through email, bulletin boards, chat rooms, or other means of electronic communication (the “Submission” or “Submissions”). The Content is made available to you through the LLHIE professional website by us and/or third parties (this website and the Content are referred to collectively herein as the “Website”).

BY USING THIS WEBSITE IN ANY MANNER WHATSOEVER, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS OR USE THIS WEBSITE IN ANY MANNER WHATSOEVER.

2. User ID and Password.

Access to restricted portions of the Website is protected by User ID and Password and is governed by the applicable End User License Agreement. You may not access the restricted portions of the Website unless we have authorized you to do so by providing you with a User ID and Password and you have accepted the applicable End User License Agreement.

3. Submissions.

You are responsible for your own Submissions and the consequences of posting your Submissions. If you choose to post Submissions, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the information, creations, data or material you may post in a Submission. You also expressly agree that your Submissions will not include any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third party; (3) includes confidential health information; (4) would invade the privacy of any other person; (5) is intended to advertise to or solicit others without our express permission; (6) constitutes charity solicitations, chain letters or pyramid schemes; (7) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; (8) does not generally pertain to the designated topic or theme of the Website. You further expressly agree that you will not: (a) after receiving warning, continue to submit material which we have advised you not to submit; (b) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called "spam" or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Website, or used for purposes of delivering the Content (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means; or (g) interfere with another user’s use and enjoyment of the Website.

You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you include in a Submission by all means and in any media now known or hereafter developed for any use or purpose.

4. Availability of Website.

Our Website contains information about our products and services. The availability of our Website is on an AS IS basis. No representation or warranty is provided by LLHIE to any User regarding the availability of the Website. The Website may be changed at any time without notice or permission. You acknowledge that we may immediately terminate your access to the Website without further notice upon your violation of any of the terms and conditions of these Terms of Use or the Privacy Statement.

5. Compliance with Laws.

You are responsible for ensuring that your use of the Website complies with all laws directly or indirectly applicable to you. WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE WEBSITE IN WAYS THAT DO NOT COMPLY WITH ANY LAW.

6. This Website does not Provide Medical or Legal Advice.

The Content is offered for informational and educational purposes only, and is not intended to be a substitute for professional legal or medical advice, diagnosis or treatment. We do not offer or give medical advice, nor do we provide medical or diagnostic services. Use of this Website does not create a doctor/patient or lawyer/client relationship between you and LLHIE or any of our editors or Content providers. Instead, the Content is intended to support, not replace, the relationship that exists between you and your physician, or you and your lawyer. You should not act upon this information without seeking professional advice and counsel.

Any statements made in this Website about products have not been evaluated by the United States Food and Drug Administration. They are not intended to diagnose, treat, cure or prevent any condition or disease.

We do not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned or described in this Website. If you rely on any Content obtained by you on or through this Website, you do so solely at your own risk.

None of the information provided to you through the Website is intended in any way to influence your choice of third party service provider or a diagnosis. It is your responsibility to seek appropriate medical advice from a medical professional of your choice, if use is personal, or to exercise your independent medical knowledge and judgment in providing what you consider to be best for your patients, if use is business-related.

7. Please review our Privacy Statement. It is a Part of our Terms of Use.

Our Privacy Statement can be found under the “Privacy Statement” link on our homepage at www.llhie.com. The Privacy Statement is incorporated herein by this reference and made an integral part hereof.

8. This Website is not Intended for Children.

This Website is not intended to be used by children. Some of the information in this Website concerns children, but the Website itself is intended to be used by adults. If you are under 18 years of age, you may use this Website only with the involvement of a parent or guardian.

9. Liability of LLHIE and its Licensors.

This Website and its Content are provided on an "AS IS” basis. LLHIE AND ITS LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. Specifically, LLHIE and its licensors make no representations or warranties regarding the (i) accuracy, completeness, currentness or timeliness of the Content, (ii) links provided on or through the use of this Website or by LLHIE, (iii) the inability to access the Website, including whether the Website will be free of viruses, unauthorized code or other harmful components; or (iv) the Submissions. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE WEBSITE. WHEN USING THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF LLHIE AND ITS LICENSORS. ACCORDINGLY, LLHIE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE.

10. Limitation of Damages.

YOU AGREE THAT LLHIE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY YOUR USE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, RELYING UPON, USING, OR INTERPRETING THE CONTENT, SUBMISSIONS OR ANY OTHER INFORMATION OBTAINED THROUGH USE OF THIS WEBSITE. IN NO EVENT WILL LLHIE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY OTHER INFORMATION OBTAINED THROUGH THE WEBSITE, EVEN IF LLHIE, ITS LICENSORS, AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, MEDICAL AND LEGAL MALPRACTICE DAMAGE CLAIMS OR AWARDS, PAIN AND SUFFERING, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF INCOME, LOSS OF CONSORTIUM, BUSINESS INTERRUPTION, MEDICAL BILLS, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, AND/OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS. LLHIE SHALL HAVE NO CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS OF USE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL LLHIE BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THIS WEBSITE OR THE CONTENT. Any claims made by you in connection with your use of this Website must be brought within one (1) year of the date on which the event giving rise to such action occurred. All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

11. Ownership and Use of Content.

All Website design, text, graphics and the selection and arrangement thereof are copyrights of LLHIE; © 2012 LLHIE; All Rights Reserved.

This Website, including but not limited to the Content, is protected by the copyright laws of the United States and foreign countries. Title to the Content is owned by LLHIE or its licensors, and all use thereof inures to the benefit of LLHIE or its licensors. You may download and print a single copy of the Content solely for personal use and not for any commercial purpose or use, provided that such Content must not be altered in any way and must contain all copyright and proprietary rights notices that accompany such Content. The Content is subject to change or deletion without notice and in LLHIE's sole editorial discretion. All rights not expressly granted herein are reserved to LLHIE and its licensors. You agree that you will not upload or transmit any Content of any type that infringes or violates the rights of anyone. The LLHIE Website and any portion thereof may never be used by anyone to create or re-create a similar or competing service. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER LAWS AND TREATIES.

All authorized use is further subject to your agreement not to obliterate, change, or remove the proprietary notices that are contained in the Content, such as the copyright notice: "© 2012 LLHIE. All Rights Reserved."

If you violate these or any other Terms of Use, your permission to use or continue using our Website and its Content terminates automatically and you must immediately destroy any copies you have made of all or any portion of the Content.

12. Service Marks.

The LLHIE marks and logos and the Website images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of LLHIE and may not be used by others without prior written permission of LLHIE. All use thereof inures to the benefit of LLHIE. All other trademarks, product names and company names or logos cited in this Website are the property of their respective owners.

13. Advertisements and Links to Other Websites.

Any link (including a hyperlink, button or referral device of any kind) used on this Website is provided for your use and convenience. The appearance of a link on this Website does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship with us. We do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party websites or third-party advertisements, and do not make any representations regarding their reliability, quality, functionality, content or accuracy. We do not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. We do not endorse any product that may be advertised on our Website. We reserve the right to disable or remove any link on the Website, either permanently or temporarily, for any reason without notice.

14. Links to Our Website; Advertising.

Links into our Website must be by prior written approval of LLHIE. No other links into our Website are permitted. To request permission to link to our Website, please do so in writing by submitting an email to info@llhie.com setting forth the URL of the site on which the link will reside. Unless they have prior written permission from us to do so, third-parties (i) are not permitted to advertise in any way that suggests that we have any relationship or affiliation with a third-party website or that we endorse, sponsor or recommend the information, products or services on such website, (ii) cannot use any of our names, logos, designs, slogans, product trademarks or service marks in any advertising, publicity, promotion, or in any other commercial matter, (iii) cannot use any of our names, logos, designs, slogans, product trademarks or service marks, or any other words or codes identifying our Website, in any "metatag" or other information used by search engines or other information location tools to identify and select websites, and (iv) cannot replicate Content or use a boarder, frame, screen scraping, or any other technology or method of presentation of Content that does not effect a browser transfer of the user to the LLHIE Website.

15. No Extraterritoriality.

We are based in Springfield, Illinois, in the United States of America. We make no claims that the Content is appropriate for, or may be accessed or downloaded by, persons residing outside of the United States of America, or that any Submissions can be lawfully sent or received outside of the United States of America. Access to our Website, the Content and creation of certain Submissions may not be legal by certain persons in certain countries. If you access this Website from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

16. Jurisdiction and Other Issues.

You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving LLHIE or its affiliates, subsidiaries, licensors, employees, members, contractors, officers, directors, telecommunication providers and content providers: (i) you will submit to the state or federal courts of the State of Illinois, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.

You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving LLHIE or its affiliates, subsidiaries, licensors, employees, members, contractors, officers, directors, telecommunication providers and content providers, shall be governed by and construed in accordance with the laws of the State of Illinois in all matters, including, without limitation, its validity, construction, interpretation and performance, without regard to provisions regarding conflicts of law.

17. Complete Agreement.

Except as expressly provided in a particular "legal notice" on our Website, these Terms of Use, together with our Privacy Statement, constitute the entire agreement between you and us with respect to your use of our Website. Our Privacy Statement is incorporated herein by reference and made an integral part hereof.

18. Survivability.

The following provisions of the Terms of Use survive the expiration or termination of the Terms of Use for any reason whatsoever: Liability of LLHIE and its Licensors, Jurisdiction and Other Issues, Complete Agreement and Survivability, This Website does not provide Medical or Legal, Medical Disclaimers, Compliance with Laws, Limitation of Damages, Termination, and Miscellaneous.

19. Termination.

Your right to access and use the Website immediately terminates without further notice upon your breach of these Terms of Use.

20. Miscellaneous.

We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without our permission shall be void. The waiver by us of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind. If any provision of these Terms of Use shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms of Use shall remain in full force and effect. There are no third party beneficiaries under this Agreement. The headings of the various sections of this Agreement have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of this Agreement.

We may revise these Terms of Use or this Website at any time in our sole discretion without notice. An amended form of these Terms of Use will be effective immediately upon its posting on this Website. You are responsible for reviewing the most current form of these Terms of Use before using this Website to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use or this Website, you should immediately stop accessing or using this Website in any manner whatsoever. Your continued use of this Website means that you accept any and all revisions. You agree that these standards for notice and acceptance of amendments to these Terms of Use and this Website are reasonable.

Thank you for using our Website. We hope you find it helpful and convenient to use! Questions or comments regarding this Website should be directed by electronic mail to info@llhie.com or via U.S. mail to LLHIE, Steve Lawrence, Executive Director, c/o Southern Illinois Healthcare Foundation, 2041 Goose Lake Road, Sauget, Illinois 62206.