IF THIS IS A MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL 9-1-1 IMMEDIATELY
Hoag Memorial Hospital Presbyterian
Mobile App Terms of Use
Carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of Hoag Memorial Hospital Presbyterian’s (“Hoag”, “we,” “us,” and “our”) Nona maternity companion mobile app (“App”).
By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use and our Privacy Policy. If you do not agree to be bound by these Terms of Use and our Privacy Policy, you are not authorized to access or use our App and/or the services available through our App (the “Services”), and you should PROMPTLY EXIT THIS WEBSITE.
1. SERVICES PROVIDED
The App provides general information to parents, caregivers and other users for the purposes of assisting new parents with post-natal questions. The App may be made available to you by your physician or other licensed healthcare provider(s) (“Providers”) as part of an overall treatment plan or care plan, and to provide you with mobile app access to our nurses and other resources. Hoag does not provide medical advice, care, or services through the App.
Your use of the App is not intended to take the place of your relationship with your Provider, regular health care practitioners or primary care physician.
The content of the App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Hoag. You should always seek the advice of your Providers with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Hoag, or in connection with any communications supported by Hoag, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.
Please contact your Provider directly for any questions regarding your care or medical treatment.
2. NOT FOR EMERGENCIES
Our App and the Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on our App. If you believe you are experiencing an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.
3. RISK OF VIRTUAL SERVICES
By using the Services, you acknowledge the potential risks associated with receiving services using digital technology. These include but are not limited to the following: information transmitted may not be sufficient; or delays in connection could occur due to failures of electronic equipment.
4. PRIVACY PRACTICES
You agree that information provided by you in connection with the App and the Services shall be governed by the Privacy Policy, which is hereby incorporated and made part of these Terms of Use.
5. NOT AN INSURANCE PRODUCT
We are not an insurer, nor do we offer an insurance plan or product. The amounts you pay to us for any Services obtained through the App are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
6. OWNERSHIP OF THE APP
The App contains confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection and arrangement thereof, are owned by Hoag, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”).
These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App, including but not limited to Content, except: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the App for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not: (a) modify copies of any materials from the App or received through the Services; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the App.
You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Hoag without our express written consent.
You must not access or use any part of the App or any services or materials available through the App for outsourcing for others or as part of a service bureau business so otherwise for the benefit of unaffiliated third parties who pay directly for its benefit or for other similar commercial purposes, or otherwise exploited for any commercial purpose without express written consent of Hoag.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Use, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by Hoag. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
7. AVAILABILITY OF SERVICES
Hoag operates subject to state and federal regulations, and the App may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the App under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the App is limited exclusively to users located in states within the United States where the App is available. Services are not available to users located outside the United States. Accessing the App from jurisdictions where content is illegal, or where we do not offer the App, is prohibited.
8. ACCESS TO APP, SECURITY, AND RESTRICTIONS; PASSWORDS
You are prohibited from violating or attempting to violate the security of the App, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the App or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the App, deep-link to any feature or content on the App, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the App.
Violations of system or network security may result in civil or criminal liability. Hoag will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the App or any activity being conducted on the App.
In the event access to the App or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by us. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the App may be revoked by Hoag at any time with or without cause. You agree to defend, indemnify, and hold Hoag harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the App, or access by anyone accessing the App using your user ID and password.
9. NO USERS UNDER 18 YEARS OLD
In order to access the App and the Services, you represent and warrant that you are 18 years old or older. If you are under the age of 18, please do not attempt to register with us on the App or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please Contact Us.
10. YOUR ACCOUNT
You agree to: (a) provide true, accurate, current, and complete information when registering to use the App and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.
11. ACCURACY AND INTEGRITY OF INFORMATION
Although we attempt to ensure the integrity and accuracy of the App, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the App and Content thereon. It is possible that the App could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the App by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the App without notice. Information contained on the App may be changed or updated without notice. Additionally, Hoag shall have no responsibility or liability for information or Content posted to the App from any unaffiliated third party.
12. TYPOGRAPHICAL ERRORS AND INCORRECT PRICING
In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers or business partners, we shall have the right to refuse or cancel any orders placed for a Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
13. CONSENT TO RECEIVE CALLS, TEXT MESSAGES, AND AUDIO AND/OR VIDEO RECORDING
By providing your mobile number, you are agreeing to be contacted by or on behalf of Hoag at the mobile number you have provided, including calls and text messages, to receive informational, product or service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the App. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some of the functions provided by the App may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services.
Hoag or your Provider may record (audio and video) all or part of your interaction with us or them (“Recordings”). Such Recordings are used for quality assurance and training purposes, to better deliver to you the products and services, and to help us improve the App. We will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using our App, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.
14. ELECTRONIC COMMUNICATIONS
When you use the App, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Hoag and your Provider may contact you by telephone, mail, or e-mail to verify your information. Hoag and your Provider may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the App. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our App until you provide the information to us as requested.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold Hoag and any affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the App, Services, or any information posted on the App; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Hoag, your Provider, or a customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the App, Services, or any information on the App, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
16. DISCLAIMER OF WARRANTIES
HOAG DOES NOT WARRANT THAT ACCESS TO OR USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE APP WILL BE CORRECTED. THE APP, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE APP, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. HOAG DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE APP.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APP, APP-RELATED SERVICES, SERVICES, AND LINKED WEBSITES. HOAG DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO SERVICES OFFERED, SOLD, AND DISTRIBUTED BY HOAG ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES.
17. LIMITATION OF LIABILITY REGARDING USE OF APP AND SERVICES
HOAG AND ANY THIRD PARTIES MENTIONED ON THESE APP ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE APP, APP-RELATED SERVICES, SERVICE, CONTENT, OR INFORMATION CONTAINED WITHIN THE APP, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. REVISIONS; GENERAL
Hoag reserves the right, in its sole discretion, to terminate your access to all or part of the App, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Hoag and you pertaining to the subject matter hereof. In its sole discretion, Hoag may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the App after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the App.
19. CONTACT US
Hoag Memorial Hospital Presbyterian Hoag Corporate Compliance 1 Hoag Dr. Newport Beach, CA 92663 Telephone: (949) 764-4427 Email: corporatecompliance@hoag.org