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Terms of Use

By accessing or using this mobile device application (hereafter, the “App”), you accept, without limitation or qualification, the following terms of use. 

The information provided here is designed to support—not replace—your relationship with your physician. 

Medical Emergency? Dial 911

If you are having a medical emergency, call 911 IMMEDIATELY. Do not rely on this App or any electronic communications for assistance with urgent medical needs. This App is not designed to provide help in medical emergencies. John Muir Health cannot guarantee response times if you choose to use this App in the event of a medical emergency. 

Your Consent

You agree that your use of this App and any uses of any services or materials are subject to your agreement with all of these terms of use and our App privacy policy. You agree that you will not violate any local, state, federal, or international laws in using this App.

Voluntary Use; Medical Information

Your usage of this App in connection with your health care services is purely optional and voluntary.  Please contact your health care provider if you decide to cease using this App or if you have any questions regarding its use. 

You will be transmitting certain medical information about yourself through this App. Under certain circumstances, your health care provider may seek such information via alternative means (such as telephone interview), and you agree to make yourself available as needed. 

Mobile Device

John Muir Health has supplied you with a mobile device for you to access the App. This mobile device should be used solely for purposes of the App and related health care services and not for any other purpose.  Once your participation in this program utilizing the App terminates, you are required to return the mobile device to John Muir Health (or else you will incur applicable fees for the cost of the mobile device).  If you lose or damage the mobile device, you will be required to reimburse John Muir Health $125.00.

Social Circle Participation

Through this App, you will have the option to interact with other patients via a social network (the “Social Circle”).  Your participation in the Social Circle is purely optional and voluntary, and you may terminate your participation at any time.  You acknowledge and agree that:

  • interactions and communications taking place in Social Circle do not constitute medical care;
  • neither John Muir Health nor your health care provider will be involved in the Social Circle;
  • neither John Muir Health nor your health care provider will be monitoring or be aware of disclosures of information taking place in the Social Circle (and has no control over such re-disclosures);
  • information disclosed in the Social Circle does not constitute medical advice;
  • John Muir Health is not responsible for behaviors displayed in the social circle (e.g., harassment, profanity, etc.);
  • information shared in the Social Circle will not be protected under HIPAA or any other privacy law that applies to medical information or protected health information; and
  • neither JMH nor any other provider is responsible for the privacy of information shared in the Social Circle, which may be re-disclosed without your authorization by members of the Social Circle. 

Access to the Site

John Muir Health reserves the right to prohibit, restrict, or discontinue your access to the App and/or the mobile device that you have been provided if you violate any terms of this agreement. 

Warranty and Guarantee Disclaimer

Information and services provided through this App are provided “as is” by John Muir Health. John Muir Health makes no express or implied warranties. John Muir Health does not guarantee the accuracy, adequacy, or completeness of any information. 

John Muir Health is not responsible for any errors or omissions, nor for the results of the use of such information or services. 

John Muir Health does not operate or control the Internet and therefore does not guarantee that this App will be error-free or always available. Additionally, John Muir Health does not guarantee against loss of data, viruses, worms, or unauthorized users or hackers attempting to obtain access to this App or information transmitted to or from this site. 

John Muir Health also reserves the right to temporarily or permanently discontinue this App, or any functionality on this App, at any time and without notice.

Limitation of Liability

John Muir Health will not be liable for any direct, indirect, special, consequential, or monetary damages or penalties in connection with your use of this App or mobile device or your connectivity to or from this mobile device.

Governing Law

You agree that any claim or dispute relating to this App or your use of or reliance on it will be construed in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. The parties agree to be bound and shall be subject to the exclusive jurisdiction of the local, state, or federal courts located in Contra Costa County, California.

User Name and Password

If you access any service requiring a user name and password, you are solely responsible for keeping those pieces of information strictly confidential. 

Children

Except as otherwise indicated, John Muir Health does not knowingly or intentionally collect personal information from children under age 18. The content of our App is intended for use only by adults over the age of 18. If you are under 18, please consult a parent or guardian for help using this App. 

Links to Other Sites

We may provide links to other websites solely as a convenience to App users. These linked sites are not under John Muir Health’s control. We are not responsible for and do not endorse the content of such sites, which may have different terms of use. Once you link to another website, you are subject to that site’s privacy policy. 

You will need to make your own independent judgment about interacting with other sites. We encourage you to be aware when you are leaving our site and to read the privacy statements of any site you visit before providing any personally identifiable information. 

Limitations of Use

You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device or method—nor any similar or equivalent manual process—to access, acquire, copy, or monitor any portion of the this App or its content. You are prohibited from reproducing or circumventing the navigational structure or presentation of the App or its content in order to obtain any materials, documents, or information through any means not purposely made available through the App.

You may not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App or to any John Muir Health server, or to any of the services offered on or through the App or mobile device, by hacking, password “mining,” or any other illegitimate means.

You may not probe, scan, or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App.

You may not reverse-look-up, trace, or seek to trace to its source any information on any other user of or visitor to the App, or any other patient of John Muir Health, including any John Muir Health account not owned by you. You may not exploit the App or any related service or information made available or offered by or through the App in order to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the App.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App or John Muir Health’s systems or networks, or any systems or networks connected to the site or to John Muir Health.

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 transaction being conducted on the App, or with any other person’s use of the App.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to John Muir Health on or through the App, or any service offered on or through the App. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Trademarks and Copyrights

All trademarks, service marks, and logos or copyrights displayed and used in this site are the property of their respective owners. Nothing in this site should be construed as granting any right or license to use any trademark without the written permission of its owner. 

Apple

Apple, the Apple logo, iPhone, iPAD, iPAD mini and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. 

Privacy

Please read the full text of our privacy policy to understand how any personal health information you submit via this App will be treated.

John Muir Health may modify these Terms of Use at any time without notice. 

By using this App, you agree to these terms. 

Last updated: 7/1/2016