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.

Governing Law

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.

Site Content

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.

Medical Disclaimer

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
use and dis­close such addi­tion­al per­son­al infor­ma­tion in accor­dance with its Pri­va­cy Pol­i­cy. To
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.

Linked Sites

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:
webmaster@inxitehealth.com.

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.
User Accounts

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
Pri­va­cy Pol­i­cy. You are sole­ly respon­si­ble for the con­fi­den­tial­i­ty and secu­ri­ty of your user id and
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.

General Services

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.

Unauthorized Use

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.

Fees

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.
War­ran­ty Dis­claimer
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
PROVIDEDAS 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.
Lia­bil­i­ty Dis­claimer
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.

Indemnification

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.