The following Independent Health Digital Services Terms and Conditions ("Terms and Conditions") apply to the use of your Independent Health member account (the “Account”), including the access of your account via Independent Health’s mobile Services or via IndependentHealth.com (collectively, the "Services"). By enrolling in, accessing, or using the Services, you indicate that you understand and intend for these Terms and Conditions to be the legal equivalent of a signed, written contract between you and Independent Health Association, Inc., its affiliates and subsidiaries ("we," "us," "our" or "Independent Health"). Independent Health’s members or prospective members who enroll in, access or use the Services are referred to in these Terms and Conditions as "you" or "your" regardless of number or gender. You accept these Terms and Conditions and agree to be legally bound by them. If you do not agree with the Terms and Conditions, in whole or in part, you may not use the Services.
Ownership, License and Use of the Technology
You acknowledge and agree that Independent Health is the owner of all right, title and interest in, and to, the Services made available to you hereunder, including, but not limited to, any downloaded software applications contained therein, as well as any accompanying user documentation, (collectively referred to herein as the “Technology”). You are granted a personal, non-exclusive, non-sublicensable, non-transferable license to use the Technology only on devices you own or control, solely for your personal use and as expressly permitted herein (the “License”).
You agree not to (i) modify, revise or create any derivative works of the Technology; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Technology; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the technology; or (iv) remove or alter any proprietary notices, legends, symbols, or labels in the Technology, including, but not limited to, any trademark, logo, or copyright.
We have made every effort to present the information contained in the Services accurately, but additions, deletions and changes may occur. You agree that we shall have no obligation to correct any bugs, defects or errors in the Technology, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the Services. Any information presented may be out of date and may contain inaccuracies or errors. The information in the Services is limited in nature and does not contain all the applicable terms, conditions, limitations or exclusions of the products and services referenced.
All material contained in the Services is protected by law including, but not limited to, United States copyright law. Except as indicated, Independent Health is the owner of the copyright in the entire content of the Services, including images, text and look and feel attributes, and we reserve all rights in that regard. Removing or altering the copyright notices on any material in the Services is prohibited. We also own a copyright in the Services as a collective work and/or compilation and in the selection, coordination, arrangement, organization and enhancement of Services content. The contents of the Services are only for your personal, noncommercial use. Any commercial use of Services content is prohibited without our prior written consent. Except as indicated, we own all trademarks, service marks or other logos featured in the Services. Use or misuse of these trademarks, service marks or logos is expressly prohibited and may violate federal and state law. All service marked, trademarked and registered items are the sole and exclusive property of Independent Health unless otherwise noted. All rights are reserved. Copying or storing any material from the Services for other than personal, noncommercial use is expressly prohibited without prior written permission from us.
Your Communications About the Services
We welcome your feedback and suggestions about how to improve our products and services and the Services. By transmitting any suggestions, information, material, or other content (collectively, "Content") to us, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Content, in whole or part, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content. Further, we are free to use any ides, concepts, "know-how", techniques, and suggestions contained in any communications you sent about the Services for any purpose whatsoever, including but not limited to creating and marketing products or services, or both, using such information. We are not responsible and shall not be liable for the Content you or any other visitors post through the Services. Opinions or comments contained in Content reflect the views of the author. We neither endorse nor shall be held responsible for the reliability or accuracy of such Content. You acknowledge that by submitting Content to us, no confidential, fiduciary, contractually implied or other relationship is created between you and Independent Health other than pursuant to this Agreement. Also, please understand that the confidentiality and security of any communication or material transmitted to us via the Services or via Internet electronic mail cannot be guaranteed. To contact us privately, please contact our Member Services department by mail at: 511 Farber Lakes Drive, Buffalo, New York 14221 or by phone at: 716-250-7373.
Availability of the Services, Accuracy, Corrections and Changes
The Services may be unavailable when systems require maintenance or upgrades or major unforeseen events occur, such as earthquakes, fires, floods, computer failures, interruptions in telephone or other telecommunications service, electrical outages, civil unrest or riots, war, or acts or threaten acts of terrorism or other circumstances beyond our control. We shall have no liability for interruptions or delays in Services due to unavailability of the Services. While we endeavor to keep the materials in the Services up-to-date, we cannot assume responsibility for any errors or omissions in these materials. We do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. We may make changes to these materials, or to the products or services described herein, at any time without notice. We make no commitment to update the information contained herein. You may report errors or omissions by contacting our Member Services department by mail at: 511 Farber Lakes Drive, Buffalo, New York 14221 or by phone at: 716-250-7373.
Links to Other Websites
The Services may contain links to other Internet websites that are not operated by Independent Health. These links are provided for your convenience and are only offered for your use at your discretion. You acknowledge and agree that these third-party sites are maintained by persons or organizations over which we do not exercise any control. You should review the privacy or security disclosures on each third party site for further information. We expressly disclaim any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party websites. We do not control, endorse, promote, or have any affiliation with any other website unless expressly stated in the Services. You agree that any reliance upon such opinion, advice, statement, memorandum or information shall be at your sole risk. If you believe we have linked to an inappropriate website, please contact us and we will take whatever action we deem appropriate.
Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. We will not be liable for any loss resulting from a cause over which we do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, software viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Registration, Username and Password
To view your personal member information using the Services, you must first register on our website. Through the registration process, you will create a user identification (“Username” and a unique personal identification number or code (“Password”) to be used to access the Services via Independent Health’s mobile application or website. You agree to use your best efforts to keep your Username and Password confidential at all times and to prevent any disclosure of your Username or Password to any other person or entity. If you believe your Account has been accessed or used by any person without your permission, you should contact Independent Health at 716-631-8701. To help safeguard your security, you should change your Password frequently. If you forget your Password, you must contact us online. You assume all responsibilities for and all risks of loss from your providing personal information, including, but not limited to, your Username or Password, to any other person, including any third party website that spoofs or otherwise imitates the Independent Health website, and you hereby release us from all liabilities and obligations in connection with such actions by you. When you register, your information is stored in a secure environment and is protected behind a firewall. The information that is transmitted back and forth is scrambled with the aid of encryption technology.
Collection of Your Information
While using the Services, we may collect some information about you and your device. We may collect device-specific information such as your hardware model, operating system version, and mobile network information. When you use the Services, we may automatically collect and store certain information in our system. This may include:
- Your device’s Internet Protocol (IP) address. This is the number that is automatically assigned to your device whenever you connect to the internet.
- The network provider which you access the Internet. For example: Verizon or Sprint.
- The date and time you used or accessed the and how long you spent using the Services.
- The pages you looked at or services you accessed.
- The name and version of your device’s operating system and, if applicable, web browser.
- When using our fax ID card feature, the fax number you sent your Independent Health identification card to.
- The mobile application Services use your mobile device’s location for the “Find a Doctor or Facility” feature. This location information is used only in this feature and is not stored or recorded by Independent Health.
While using the Services, you may ask us to “remember you” during the login process. By selecting this feature, the Services will store your username on your mobile device in an encrypted file.
We use the information we collect from our mobile Services to provide, maintain, protect and improve the Services, to develop new ones, and to protect our members and our users. We do not share personal information with companies, organizations and individuals outside of Independent Health.
You can find more information about how we use your information at our Privacy and Security page and our Policies and Disclaimers page. If you have any questions mobile security or the data we collect, please contact Independent Health’s Chief Security Officer at (716) 631-3001 or 1-800-247-1466.
No Solicitation or Offer
The Services are designed to provide general information about Independent Health and our products and services as well as provide members convenient access to some of their information. Information in the Services is not intended to constitute an offer to sell or a solicitation of any particular product or service.
Nothing contained, expressed or implied in the Services is intended as nor shall be construed as medical advice because we are not engaged in the practice of medicine. No doctor-patient relationship is established between you and Independent Health in the course of your use of the Services or under any circumstances whatsoever. Individual inquiries about medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals. Furthermore, nothing contained, expressed, or implied in the Services is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between you and Independent Health in the course of your use of the Services or under any circumstances whatsoever. The information in the Services is for general informational purposes only. If you have questions about any law, statute, regulation or requirement expressly or implicitly referenced in the Services, you should contact your own legal counsel.
Disclaimer of Warranty and Liability
USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED THROUGH THE SERVICES, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHICH MAY RESULT FROM (I) YOUR USE OF, ACCESS TO, OR INABILITY TO USE OR ACCESS THE SERVICES; (II) THE COST OF GETTING SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY DATA, INFORMATION, OR MESSAGES OBTAINED THROUGH THE SERVICES; OR (III) UNAUTHORIZED ACCESS TO YOUR ACCOUNT.
You agree to defend, indemnify, and hold harmless Independent Health, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, business partners, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses, including attorney's fees and litigation expenses relating to or arising from your use of the Services and any breach by you of these Terms and Conditions. You shall not settle any claim that affects us without our prior written approval.
Changes to Terms and Conditions
Except as otherwise required by applicable law, we may add, remove, or otherwise modify any of these Terms and Conditions or the Services at any time and without notice to you, and such changes will be effective immediately. Your continued use of the Services after update of any changes to these Terms and Conditions, will constitute your acceptance of, and agreement to be bound by, such changes to these Terms and Conditions.
We reserve the right to terminate your access to the Services in the event that you violate these Terms and Conditions, or for any reason whatsoever. You may not transfer or assign these Terms and Conditions without our prior written approval, and any unauthorized assignment or transfer will be null and void. We may assign or transfer these Terms and Conditions at any time without notice. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. By enrolling in, accessing, or using the Services you consent to the exclusive personal jurisdiction and venue of the federal and state courts located in Erie County, New York with respect to all matters relating to your use of the Services and irrevocably consent to such jurisdiction and venue. You further agree to accept service of process by mail. There Services are originated by us from our offices within the United States. We make no representation that materials in the Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to download the Services from other locations do so of their own volition and are responsible for compliance with applicable state laws.
These Terms and Conditions constitute the entire agreement between you and Independent Health with respect to your use of the Services. If any part of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing you access to and use of the Services, we have relied on your agreement to be legally bound by these Terms and Conditions.