InXite Terms and Conditions
InXite Health Systems Terms and Conditions Effective Date: February 24, 2017.
InXite Health Systems (hereinafter “InXite”) welcomes you, as a user (each, a “user” or “you”) of
smartcare.inxitehealth.com (“Site”) provided that you agree to abide by these terms and
conditions (the “Terms”). The purpose of this Site is to present health information to InXite
consumers, patients, practitioners, the community, and users of the Site. By using the Site, you
(i) accept these Terms and agree to be bound by them; (ii) represent and acknowledged that
you have the legal authority to accept such Terms; and (iii) represent and warrant that you are
at least eighteen (18) years of age (iv) acknowledge and accept InXite Health Systems, or it's
successors, as your agent in the task of retrieving, aggregating, and consolidating your medical
records into one unified patient record. If you do not agree with the Terms, you are not
authorized to use the Site. Furthermore, InXite reserves the right, at any time, to modify, alter, or
update these Terms. Any such change shall be effective upon the "Posted Date" above. Your
continued use of the Site shall be deemed acceptance of the new or modified Terms. If you do
not accept these Terms or any future Terms, you must discontinue use of the Site. Additionally,
InXite reserves the right at any time with or without cause to modify, update, or remove the Site
or any Services or Content (as defined below) related to or provided on or through the Site.
InXite manages the Site from its offices within Franklin County in the State of Ohio. By
accessing the Site, you and InXite agree that the statues and laws of the State of Ohio, without
regard to choice of law principles, will apply to all matters relating to your use of the Site, and
any matters brought relating to your use of the Site or its Content, will be brought in a court of
competent jurisdiction located in Franklin County, Ohio.
InXite owns the Site and owns or licenses all of the pictures, content, text, graphics, layout,
software, and information on the Site (collectively “Content”), and nothing hereunder transfers,
licenses, assigns, or conveys any right, title, or interest in or to such Content to you. As between
InXite and you, the Content shall be owned by InXite including any intellectual property rights in
the Content. The Content may not be copied, reproduced, republished, uploaded, posted,
transmitted, modified, or distributed in any way without the prior written permission of InXite in
each instance. Modification or use of the Content for any other purpose is a violation of the
rights of InXite and/or its third party licensors and a breach of these Terms. “InXite” and its logos
and other trademarks owned by InXite. Other third party trademarks are used with the
permission of their respective owners. You agree not to use or display trademarks without the
prior written consent of InXite or the owner of such trademark. InXite and its affiliated entities
disclaim any warranty or representation, express or implied, about the accuracy, completeness
or appropriateness of the Content contained on the Site. Neither the author nor InXite shall be
held responsible or liable for any claim, loss or damage arising from the use of the Content.
THE SITE, THE SERVICES, AND THE CONTENT ARE NOT INTENDED TO CONSTITUTE (1)
THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTH CARE DIAGNOSIS OR
TREATMENT; (2) THE CREATION OF A PHYSICIAN PATIENT OR CLINICAL
RELATIONSHIP; OR (3) AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF
ANY PRODUCT OR SERVICE BY INXITE OR ANY OF ITS AFFILIATES, AGENTS,
EMPLOYEES, CONSULTANTS OR SERVICE PROVIDERS. While the Site may provide
general wellness and health information, the information provided to you on the Site is not
intended to be “medical advice” and you should not rely or act upon this advice without first
consulting your physician directly. Please contact your physician directly about any medical
questions or concerns, as determinations of the need for medical services and the types of
health care to provide a patient are decisions that should only be made by a physician or other
licensed health care provider. Additionally, you should never disregard medical advice or delay
seeking such advice because of any Content. DO NOT USE THE SITE FOR EMERGENCY
MEDICAL SERVICES. IN THE EVENT OF AN EMERGENCY, DIAL 911, YOUR LOCAL
EMERGENCY ASSISTANCE NUMBER, AND/OR YOUR PERSONAL PHYSICIAN.
User Content; Privacy
You may submit information to InXite through the Site (“User Content”). To the extent the User
Content contains “protected health information” (as defined by HIPAA), InXite will secure and
protect the confidentiality of such protected health information in compliance with Health
Insurance Portability and Accountability Act of 1996 and its implementing rules and regulations
as amended (collectively referred to as “HIPAA”). To learn more about InXite’s HIPAA privacy
practices, please read its Notice of Privacy and HIPAA Compliance Practices. To the extent the
User Content contains other personal information about you or your visit to the Site, InXite will
the extent permitted by applicable law, all User Content provided to InXite by You or collected
by InXite through your visit to the Site, shall be deemed owned by InXite, and you hereby waive
any and all claims of ownership interest or rights in such User Content.
InXite may provide links to other sites for the purpose of convenience, providing additional
information, or to facilitate interactions with social media networks (as described in more detail
below) (“Linked Site”). A link does not constitute approval or an endorsement of the provider of
the Linked Site or its content, quality, reliability or any other characteristic or feature of the
Linked Site. InXite is not responsible in any manner (including, without limitation, with respect to
any loss or injury you suffer) for any matter associated with a Linked Site. INXITE MAKES NO
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR
USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be
aware that your use of any Linked Site may be subject to terms and conditions and privacy
policies applicable to that Linked Site. InXite cannot ensure that all external links are active or
appropriate. To report an inactive or inappropriate link, please send an email to:
Denial of Access
If, in InXite’s sole discretion, you fail to comply with any term or provision of these Terms, InXite
may deny you access to the Site. In the event of such denial of access, you are no longer
authorized to access or use the Site, and the restrictions imposed upon you with regard to the
disclaimers and indemnification set forth herein shall continue in full force and effect.
To use or take advantage of some Services provided by InXite on the Site, you may be required
to create a user account on the Create an Account portion of the website (“User Account”). For
the purposes of these Terms, the term “Services” shall include General Services (as defined
below). In order to create this account, you may need to provide some personally identifying
information as well as create a user id and password. Any personal information provided to
InXite will be used and disclosed in accordance with either its Notice of Privacy Practices or its
password you create to establish a User Account, and you agree that InXite will not be liable for
any unauthorized use of or access to your User Account as a result of the use of the Site
through your user id or password, or your loss or disclosure of your user id or password.
InXite may provide other services to users to enable them to apply for a job with InXite, pre-
register for a hospital or physician visit at one of many registered facilities, register for an InXite
class, register as an approved InXite vendor, send a greeting card, sign up for newsletters or
other InXite communications, and other services and information provided by InXite to you
through the Site (collectively “General Services”). These General Services are provided by
InXite as a convenience only, and may be modified, limited, or eliminated entirely at any time in
InXite’s absolute discretion. Additional information regarding these General Services may be
available on the Site or otherwise provided by InXite to you.
Tampering with the Site; misrepresenting the identity of a user; circumventing, disabling or
otherwise interfering with security features on the Site; interfering with or disturbing related or
connected computer networks, hardware and databases; knowingly transmitting or propagating
illegal, malicious, objectionable, or obscene material, content, or software including without
limitation viruses, spam, or malware; or conducting fraudulent activities on or through the Site
are strictly prohibited.
User membership with InXite is currently free. InXite Health Systems, Inc. reserves the right to
from time to time change the terms of this Agreement and charge for user membership and/or to
provide additional optional services for a fee.
YOU USE THE SITE, ANY SERVICES PROVIDED ON OR THROUGH THE SITE, AND THE
CONTENT AT YOUR OWN RISK. THE SITE, THE SERVICES, AND CONTENT ARE
PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTY, EXPRESS OR IMPLIED.
INXITE MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS,
USEFULNESS OR COMPLETENESS OF THE SITE OR ANY SERVICES OR CONTENT.
INXITE ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR
OMISSIONS IN THE SITE, SERVICES, OR CONTENT. TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, INXITE EXPRESSLY DISCLAIMS ALL IMPLIED
WARRANTIES INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
FURTHERMORE, INXITE MAKES NO WARRANTY THAT THE SITE, SERVICES, OR
CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY,
SECURE, CURRENT, ACCURATE, COMPLETE, ERROR-FREE, FREE FROM VIRUSES OR
MALWARE, OR THAT THE INFORMATION THAT MAY BE OBTAINED BY USE OF THE
SITE, SERVICES, OR CONTENT WILL BE ACCURATE OR RELIABLE.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY
WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE AND ITS
SERVICES OR CONTENT IS TO CEASE USE OF THE SITE. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, INXITE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR
OTHER DAMAGES, LOSSES, OR LIABILITIES WHATSOEVER (INCLUDING WITHOUT
LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS
INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE
SERVICES, THE CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS INXITE AND ITS
SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES
FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES,
COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING
FROM OR ARISING OUT OF (A) YOUR BREACH OF THESE TERMS OR (B) YOUR USE OR
ACCESS OF THE SITE, OR ACCESS BY ANYONE ACCESSING THE SITE USING YOUR
USER ID AND PASSWORD.