Thank you for using the Infant Sleep Simulation App (the “App”), which is owned and operated by Parkview Heath System, Inc. (“Company”, “we”, “our”, or “us”). These End User Terms & Conditions (“Agreement”) governs your use of the App and the features enabled by the App.

 

BY CLICKING THE “I AGREE” OPTION OR BY DOWNLOADING, INSTALLING, ACCESSING OR OTHERWISE USING THE APP, YOU AFFIRM THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, WITHOUT LIMITATION OR QUALIFICATION.  IF YOU DO NOT AGREE TO THESE TERMS, PLEASE PRESS THE “I DO NOT AGREE” OPTION AND DO NOT DOWNLOAD, INSTALL, ACCESS OR OTHERWISE USE THE APP.

 

If you have any questions about this App or this Agreement, please contact us using the information provided in the App.

 

1. Your Acceptance of Our Privacy Policy.  By agreeing to this Agreement, you agree to the terms of our privacy policy at www.parkview.com/legal/privacy-practices and www.parkview.com/legal/privacy-and-terms-of-use (collectively, the “Privacy Policy”), which are expressly incorporated herein. Before using this App, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this App will be handled in accordance with our Privacy Policy.

2. License Grant.  The App is licensed on a non-exclusive basis, not sold, and subject to the terms and conditions of this Agreement, Company grants you a revocable, non-exclusive, personal, limited, nontransferable, non-sublicensable license to install and use the App on a single device solely as an educational tool.

3. Reservation of Rights. All rights not expressly granted are reserved by Company. Not limiting the foregoing, except as explicitly permitted in this Agreement, this Agreement does not grant you any rights to (and you are prohibited from): (i) granting any sublicense, distributing or transmitting the App in whole or in part; (ii) modifying the App; (iii) reverse engineering, decompiling, or disassembling the App, except as expressly permitted by applicable law; (iv) using any trademarks of Company or any trademarks displayed in the App; (v) using the App for purposes other than as expressly permitted in this Agreement; or (vi) using the App for any website certification or compliance program. You are not permitted to transfer, lease, assign or sublicense your rights under this Agreement. Any purported attempt to transfer, lease, assign, or sublicense your rights will be void.

4. Ownership of this App and its Content.

   • Ownership of IP. This App, including all content available through the App, is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. As between you and Company, all rights in and to the App are owned by Company or its licensors, including all rights provided under copyright law, trademark law, patent law, trade secret law, and all other forms of proprietary and intellectual property protection.

   • Content. All content (including software and code comprising or used to operate this App, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this App) and intellectual property rights therein are the property of Company or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. You do not acquire ownership rights to any such content viewed through this App. Except in connection with your use of the App for use as expressly permitted in this Agreement, none of the content in the App may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

5. Restrictions. It is a condition of this Agreement that you do not:

   • upload, post, transmit or otherwise make available

     • any content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;

     • any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

     • any content that violates or infringes upon the rights of others, including content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity; or

     • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

   • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or

   • violate any local, state, national or international law, rule or regulation.

   • You represent and warrant regarding any content you post, send or otherwise distribute through the App that: (i) you own or otherwise control all of the rights in such content and have the right to grant the license set forth in this Agreement; (ii) the content is accurate, and (iii) you are at least eighteen years old; and (iv) the content will not cause injury to any person or entity.

6. Trademarks.  The Company name and logos, all product and service names, all custom graphics, all button icons, and all trademarks, service marks and logos appearing within this App, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Company (the “Company Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this App are the property of their respective owners. You are not authorized to display or use the Company Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this App without the prior written permission of such owners. The use or misuse of the Company Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

7. Your Obligations. 

   • Account Information. In consideration of your use of this App, you agree that to the extent you provide personal information to Company it will be true, accurate, current, and complete and that you will update all personal information as necessary.  To the extent you create an account through this App, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided above. Until we are so notified you will remain liable for any unauthorized use of your account.

   • Use of Account. You certify that you are an individual and are not barred from using the App  under any applicable law. You agree to use this App in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this App any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this App is strictly prohibited. We reserve all rights and remedies available to us.

8. DISCLAIMERS.

   • WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS APP OR ITS CONTENT, INCLUDING THAT USE OF THIS APP GUARANTEES COMPLIANCE WITH ANY APPLICABLE LAWS, REGULATIONS, POLICIES OR GUIDANCE (INCLUDING WITH RESPECT TO WEBSITE ACCESSIBILITY). THIS APP AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS APP, ITS CONTENT AND ANY GUIDANCE OR RECOMMENDATIONS PROVIDED THROUGH THE APP. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS APP; (C) THAT THE CONTENT OF THIS APP IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS APP WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

   • WE DO NOT REPRESENT OR WARRANT THAT THIS APP, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS APP WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM AND ALL OFFERINGS AND CONTENT REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

   • APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.                        

9. LIMITATION OF LIABILITY

   • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS APP. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

   • IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

10. No Medical Advice. The information contained within the App is not intended to constitute medical advice. You should not rely on the information contained in the App as a substitute for professional medical advice or to diagnose or treat any medical concern or condition. The information contained within the App is provided for educational and informational purposes only and is in no way intended to be, and must not be taken to be, the practice of medicine or any type of healthcare, the provision of medicine or any type of healthcare, or a tool to be relied upon to diagnose or treat any medical condition. Your reliance on the information contained within the App is solely at your own risk.

11. Personal Health Information. You must not disclose any information that may constituted Protected Health Information as defined in the Privacy Rule associated with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) 45 CFR Part 160 and Subparts A and E of Part 164. You hereby represent and warrant that you will not disclose any such information to Company in connection with your use of the App.

12. Modification and Discontinuation. We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this App (or any portion thereof) and/or the information, materials, products and/or services available through this App (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this App.                                    

13. Waiver.  Our failure at any time to require performance of any provision of this Agreement or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Company of any breach of any provision of this Agreement or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement.

14. Severability.  If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect.

15. Governing Law, Jurisdiction and Venue.  This Agreement will be governed under the laws of the State of Indiana without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to this Agreement will be venued exclusively in state or federal court in Fort Wayne, Indiana. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

16. Indemnity.  You agree to indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this App in violation of this Agreement and/or arising from a breach of this Agreement and/or if any material that you post using this App causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

17. This Agreement May Change.  We reserve the right to update or modify this Agreement at any time, without prior notice, by posting the revised version of this Agreement behind the link marked “Terms & Conditions” in the App. These changes will be effective as of the date we post the revised version in the App. Your continued use of this App after we have posted the revised Agreement constitutes your agreement to be bound by the revised Agreement. For your convenience, whenever this Agreement is changed, we will alert you by updating the “effective date” at the top of this page. If more than sixty days goes by between your uses of this App, be sure you check the effective date to see if this Agreement has been revised since your last use.

18. Entire Agreement.  This Agreement contains the entire understanding and agreement between you and Company with respect to this App and supersedes all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Company with respect to this App and your use of this App.  This Agreement is separate and apart from any other agreement you may have with Company, including with respect to its commercial services, software and offerings.